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Lawful manner of fishing.

Game fish.

Food fish.

Pickerel or yellow
perch.
Tip-ups.

Section 2. That from and after the passage of this act, it shall be unlawful to fish for game fisn, in any of the waters of this Commonwealth, in any manner except with rod, hook and line, or with hand line har. ing not more than three hooks, or, for food fish, with any device not specifically permitted in this act; ercepting for pickerel or yellow perch, which may be caught, through the ice, by the use of tip-ups, the number of which may be used by one fisherman is hereby unlimited, but the total number of fish, either pickcrel or yellow perch, or both together, which may be taken by any one fisherman, in any one day, shall not crceed twenty pounds in weight, per man. -Any person violating any of the provisions of this section shall be guilty of a misdemeanor, and, on conviction thereof, shall be sentenced to pay a fine of not more than twenty-five dollars: Provided, That “rod, hook and line,” in this act, shall mean the manner of fishing, and not the number of rods used. APPROVED- The 14th day of March, A. D. 1907.

EDWIN S. STUART.

Violation,

Fine.

Proviso.

No. 12.

AN ACT

Fences,

To repeal an act, entitled "An act to regulate fences, and to appoint appraisers in each township, in the counties of Bedford, Northumberland, Westmoreland, Washington, and Fayette, and to encourage the raising of swine," passed the twenty-seventh day of March, Anno Domini one thousand seven hundred and eighty-four.

Section 1. Be it enacted, &c., That the act of the General Assembly, entitled "An act to regulate fences, and to appoint appraisers in each township of the counties of Bedford, Northumberland, Westmoreland,

Washington, and Fayette, and to encourage the raisAct of March 27, ing of swine,” passed the twenty-seventh day of March,

Anno Domini one thousand seven hundred and eightyRepeal.

four, be and the same is hereby repealed.
APPROVED—The 11th day of March, A. D. 1907.

EDWIN S. STUART.

1784,

No. 13.

AN ACT

To repeal an act, entitled "An act to regulate the fees of the

county treasurers of Luzerne and Clearfield counties," approved the eleventh day of April, Anno Domini one thousand eight hundred and sixty-six.

Section 1. Be it enacted, &c., That an act to regulate the fees of the county treasurer of Luzerne and Clearfield counties, approved the eleventh day of April,

Clearfield and Luzerne counties.

Treasurer's fees.

repeal,

Anno Domini one thousand eight hundred and sixtysix, which reads as follows:

"Section 1. Be it enacted, &c., That hereafter the act of April 11, fees of the county treasurers of Luzerne and Clear- 1866, cited for held counties, on unseated lands, shall be as follows:

Advertising each tract of land, including printer's charges, one dollar.

Selling each tract or part thereof, as the case may require, fifty cents.

Writing and signing erery deed, two dollars.
Acknowledging every deed, fifty cents.

Writing and filing every bond to secure the purchase money, fifty cents.

Section 2. The treasurers of said counties shall be entitled to charge, in addition to the fees above named, the requisite amount for payment of any internal revenue stamp, that may be required by act of Congress, to be used on instruments executed by him.

"Section 3. That the fees to be allowed to said treasurer on licenses and issued by him shall be as follows:

Mercantile licenses, one dollar and fifty ceats.
Restaurants, one dollar.
Brokers, fifty cents.
Brewers, fifty cents.
Distillers, fifty cents.
Billiard saloons, fifty cents.
Ten-pin alleys, fifty cents.
Patent medicines, fifty cents." -
Be and the same is hereby repealed.

Repeal.
APPROVED ---The 14th day of March, A. D. 1907.

EDWIN S. STUART.

No. 14.

AN ACT

or

Authorizing the ascertainment, award, levy, assessment, and

collection of the costs, damages, and expenses of municipal improvements, including the opening, widening, straightening, extending, grading, paving, macadamizing, curbing, or otherwise improving, of roads, streets, lanes, alleys, or parts thereof. completed

in course of completion; and also the costs, damages, and expense of the construction of any sewer or drain, completed or now in process of completion; providing for the ascertainment, levy, and collection of damages and benefits therefor, from property peculiarly benefited, where, under existing laws or ordinances, private property could not be assessed for especial tot nefits; and constituting such benefits a lien upon the property upon which they are assessed; and authorizing the completion of such improvements now in progress. Section 1. Be it enacted, &c., That whenever, here. Municipal im

provements. tofore, any municipal corporation of the State has, by act or acts, ordinance or odinances, resolution or resolutions, contract or contracts, opened, widened,

taken.

constitutional.

made valid and binding.

court.

extended, straightened, graded, paved, curbed, macadamized, or otherwise improved, any road, street, lane, or alley, or part thereof; or constructed any sewer,

drain, or branch or part thereof; and in effecting such Work done.

improvements has taken, injured, or destroyed private Private property property, or furnished materials and labor, or incurred

expense; and properties in the neighborhood have been by such improvement peculiarly and specially benefited; but owing to the act or acts of Assembly, under the authority of which any or all of the ordinances, resolutions or contracts for said improvements,

either in its entirety or any part thereof, were passed Acts declared un- or made, having subsequently been declared unconsti

tutional, or is or are otherwise invalid, or where for any reason private property cannot be assessed for

peculiar special benefits,-now, by this act, such imImprovements

provements are made valid and binding; and such municipality of the State is hereby authorized to ascertain, award, levy, assess, and collect the damages, cost, and expense of such improvement, in manner fol

lowing; to wit:May petition the First. Said municipality of the State, or any person

or persons interested, may, at any time after such work or labor has been done, or materials furnished, property taken, or damage done, present its, her, his, or their petition in any court of common pleas of the proper county, setting forth briefly the character of such improvement, and that the costs, expenses, and damages incurred have not been collected or fully paid to said municipality; and praying the court to appoint three disinterested freeholders to ascertain and determine the costs, damages, and expenses of said improvement, and any damages done to private property by reason thereof, and to fairly and ratably assess the said damages, costs, and expenses upon the property benefited, and to make report thereof to the Court.

Second. Upon the presentation of such petition, the court shall direct notice thereof to be given to all parties interested, by an advertisement inserted at least three times in one or more newspapers published in the county in which the municipality is situate, one of which newspapers may be printed in the German language, and by at least ten bandbills posted ten days before the hearing in conspicnous places along the line of the improvement and the vicinit; thereof, that on a certain day, therein to be named, and not less than ten days after the last insertion of the advertisement in the newspapers, the court will pass upon

and decide said application, and that any person inIlearing.

terested therein may be heard in reference thereto.

Third. Upon said named day the court shall, unless Appointment of

some good objection is made thereto, appoint three disinterested freeholders as viewers. Any two of said

Court shall direct notice to be given

viewers.

Powers.

Notice.

viewers may decide all questions, and in all respects
have all the powers, discretion, and jurisdiction of
all three viewers; but all three viewers shall act, un-
less in case of sickness or other unavoidable cause; Vacancies.
and in case of a vacancy the court may appoint a sub-
stitute at any time before the first meeting of the
viewers.

Fourth. Upon said appointment being made, said Oath.
viewers shall be sworn or affirmed, by some person
authorized to administer oaths, well and truly to per-
form the duties imposed upon them and true report
to make to the court.

Time and place of Fifth. It shall be the duty of said viewers, after meeting. being sworn or affirmed, to fix a day, hour, and place when and where they will hear all parties in interest; of which meeting notice shall be given by at least three insertions in the newspapers designated in the second clause of section one of this act, and by at least ten handbills posted in conspicuous places along the line of improvement and in the vicinity thereof, the last of the said insertions and the posting of said handbills shall be at least ten days before the meeting. Ten days' notice of the time and place of said meeting shall also be given to persons owning property along the line of such improvement, resident in such munici. pality, by personal service of a copy of said notice, or by leaving the same at the residence of such owner, with an adult member of his family, and making known the contents thereof. The viewers shall visit the improvement, and personally inspect the same and the properties in the neighborhood supposed to be damaged or benefited thereby.

At the time and place fixed, they shall hear all Hearing. parties interested and their witnesses, with power to adjourn from time to time; and after a full hearing on all questions before them, they, or any two of them, shall ascertain and determine the damages to each property, for property taken, injured, or destroyed by such improvement, and award such damages to each particular property. They shall also ascertain and determine the total damages, costs, and expenses of such improvement, and these damages, costs, and expenses they shall equitably and fairly assess upon the properties benefited, which assessment shall not exceed the benefit peculiarly resulting to each prop erty from the improvement; and the total assessment Assessment of of benefits shall, in no case, exceed the total damages, benefits. costs, and expenses of the improvement. If property peculiarly benefited to the extent of the total damages, costs, and expenses cannot be found, the viewers shall assess such excess of damages, cost, and expenses, over and above peculiar benefits, upon the municipality under whose authority the improvement was effected, and the same shall be paid out of its treasury. The

Shall visit the premises.

Report, plan and schedule.

Notice of report.

Exceptions.

Filing of report.

Notice of filing.

viewers shall thereupon prepare a report, together with a plan of the properties damaged and benefited; and in said report shall set forth the character of the improvement, the total amount of the damages, costs, and expenses thereof, a schedule of the damages awarded to and the benefits assessed upon each particular property, with the name or names of the owner or reputed owner of each parcel, and what amount, if any, of damages, costs, and expenses, not assessed as peculiar benefits to private property, is assessed upon the municipality.

Sixth. Said viewers shall then give notice, by three insertions in the same newspapers as already desig. nated, that their report is ready, and that on a day certain, therein to be named, and not earlier than ten days after the last insertion, they will present the same to court; that, in the meantime, said report will remain at a place to be designated in said notice, subject to inspection and exception. If any exceptions are filed, the viewers shall afford the exceptants a hearing on the same, and make such changes and modifications in their report as justice and equity may require.

Seventh. On the day named, if no exceptions are filed; or, if exceptions be filed, upon a subsequent day, to be fixed by them; the viewers, or any two of them, shall file their report in the proper court of common pleas; and thereupon the said court shall confirm the same nisi, and, unless exceptions be filed within thirty days, the report shall be confirmed absolutely, subject to appeals pending. When said report is filed, notice thereof shall be given by one publication in the newspapers already designated. Said notice shall state the date of filing of the report, and shall contain a schedule of the damages and benefits as shown therein, and shall further state that, unless exceptions be filed thereto within thirty days from the date of filing, the said report will be confirmed absolutely, subject too appeals pending. The said court shall have power to confirm said report; to modify, change, or otherwise correct the same, or the assessments made therein; or refer the report back to the same or new viewers, with like power as to any new or further report. Within thirty days after said report is filed in court, any party interested may tile exceptions to the same; or within said period of thirty days, the sad municipality, or any party whose property is taken, injured, or destroyed by said improvement, may appeal and demand a trial by jury, according to the course of the common law.

Eighth. When the court has made its final decree, confirming the said report, or fixing the amount of the assessments in each case, the sims thus ascertained as benefits shall, if properly filed as a municipal lien,

Powers of the court.

Exceptions.

Appeals

Trial.

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