Page images
PDF
EPUB

Liens.

or sued within six months, be a lien upon the property
assessed, and shall be due and payable to the treas-
urer of the proper municipality within thirty days
from the date of said decree; and the clerk of the
proper court, on the making of such decree, shall de-
liver to said treasurer a certified copy of the decree
and report. Said assessments shall bear interest, be. Interest.
ginning at the expiration of thirty days from the date
of said decree. If not paid within said time, the said
treasurer shall deliver the same to the city solicitor or
the attorney of said municipality, who shall proceed
to collect the same by an action of assumpsit, or by Collections.
filing a lien therefor, under the general laws of the
Commonwealth in such case made and provided, and
proceeding thereon to collect the same.

Ninth. All the costs of the proceedings, including costs.
advertisements, handbills, and costs of service, shall
be paid by the proper municipality, and any excess of
damages, costs, and expenses, over and above the
benefits, as determined by the final decree of the court,
shall also be paid out of the treasury of the proper
municipality.
Tenth. Proceedings under this act shall be confined Limit of

proceedings. to the ascertainment, award, assessment, levy, and collection of damages, benefits, expenses, and costs of effecting improvements, in which private property has been entered upon and actually, physically appropriated to public use, or injured or destroyed, or contract made, materials furnished, and work and labor done, within five years prior to the date of approval of this act. Power is hereby given to the municipali- palities ties of the State to complete such improvements, now in course of completion; and upon such completion, as aforesaid, for the award, assessment, levy, and collection of damages and benefits caused thereby.

Eleventh. If upon any appeal or trial, in the case of any person or persons whose property has been taken, injured, or destroyed, the result shall be, that the appellant or appellants recovers or recover less ages less than damages for property taken, injured, or destroyed than he or she, or they, was or were awarded by the viewers, from which award said appeal or appeals were taken, then the court may thereupon order and compel the municipality to repay to the several property owners, Repayment. assessed for benefits, their ratable proportion of so much of said assessment as were made by reason of said excess of damages.

Twelfth. This act shall, in no event, be construed as depriving any person of a right of trial by jury, where such a right has been conferred by the Constitution of this State; but such right shall be demanded in the time fixed by the seventh clause of section one of this act.

Thirteenth. Any party interested in any assessment

Power of munici

Recovery of dam

award.

Right of trial by jury.

Appeals to the
Supreme or to the
Superior Court.

of benefits or award of damages may appeal to the Superior court or the Supreme court, as the pending controversy may warrant: Provided, That such appeal be taken within one year from the date of final judgment; but such appeal shall not be a supersedeas, unless taken within thirty days after such judgment. APPROVEN—The 14th day of March, A. D. 1907.

EDWIN S. STUART.

No. 15.

AN ACT

Election of

Increasing the number of courts of common pleas in the county of Allegheny; establishing therein a distinct and separate court of common pleas, and providing for the election and appointment of judges for said court

Section 1. Be it enacted, &c., That there shall be and Allegheny county. hereby is established in the county of Allegheny a Court of common

distinct and separate court of common pleas, in adpleas No. 4.

dition to those now established, composed of three judges, learned in the law, who shall hold office for the same term, with like powers, duties, authority and compensation, and with like constitution and equal and coordinate jurisdiction, with courts of common pleas now existing in said county, and the judges thereof, respectively.

Section 2. Three judges of said court of common judges.

pleas of Allegheny county, learned in the law, in addition to those now established, shall be elected by the duly qualified electors of said county at the next general election; one of said judges, to be designated as required by the Constitution of the Commonwealth, shall be president judge of said court. Said judges shall be duly commissioned as judges aforesaid, and shall enter upon the discharge of their duties, respectively, on the first Monday of January next following their election. The successors of said judges, respectively, shall be elected or appointed as required by

law. Appointment of Section 3. The Governor is hereby authorized to apjudges.

point three competent persons, learned in the law, as judges of said court until the first Monday of Jan. uary succeeding the next general election; one of whom shall be designated as president judge for said period.

Section 4. That such court, when established by the passage of this act, shall be known and designated as court of common pleas of Allegheny county, number

four. Repeal.

Section 5. All acts or parts of acts inconsistent herewith are hereby repealed. APPROVED— The 15th day of March, A. D. 1907.

EDWIN S. STUART.

No. 16.

AN ACT

To quiet the title of real estate; and to enable citizens of the United States, and corporations chartered under the laws of this Commonwealth and authorized to hold real estate therein, to hold and convey title to real estate which has formerly been held by corporations not authorized by law to hold real estate in Pennsylvania.

Real estate.

Section 1. Be it enacted, &c., That where any conveyances of real estate in this Commonwealth have been made by any foreign corporation or corporations

Conveyed by fornot having the right to own and hold the same, to any eign corporation. citizen of the United States, or to any corporation chartered under the laws of this Commonwealth and authorized to hold real estate, such citizen or corporation, grantee as aforesaid, shall hold and may convey such title and estate, indefeasably, as to any To quiet title. right of escheat in this Commonwealth by reason of such real estate having been held by a corporation not authorized to hold the same by the laws of this Commonwealth.

APPROVED-The 21st day of March, A. D. 1907.

EDWIN S. STUART.

No. 17.

AN ACT

To amend the first section of an act, entitled "An act to provide for the establishment and maintenance of a Home for Disabled and Indigent Soldiers and Sailors of Pennsylvania," approved the third day of June, Anno Domini one thousand eight hundred and eighty-five, so as to extend the benefits of said act to soldiers and sailors or marines, who participated in the war with Spain.

Home for Sol

Marines.

Section 1. Be it enacted, &c., That section one of an act, approved the third day of June, Anno Domini diers, Sailors and one thousand eight hundred and eighty-five, entitled "An act to provide for the establishment and maintenance of a Home for Disabled and Indigent Soldiers and Sailors of Pennsylvania,” which reads as fol. lows:

“Section 1. Be it enacted, &c., That the Governor of this Commonwealth, the State Treasurer, the Auditor June 3, 1883, cited General, and a committee of three members of the General Assembly, consisting of one Senator, and two members of the House of Represantatives, who shall be appointed by the presiding officer of the Senate and House, respectively, together with a committee of five honorably discharged soldiers, who shall be selected by the Department Commander of Pennsylvania

Section 1. act

[ocr errors]

for amendments.

as

Commission.

Grand Army of the Republic, be and the same are
hereby constituted and appointed a commission to
locate and establish a home for the disabled and in-
digent soldiers, sailors or marines, who, as citizens
of this Commonwealth, enlisted and participated in
the war for the preservation of the Union of the United
States," be and the same is hereby amended so
to read as follows:-

Section 1. Be it enacted, &c., That the Governor of
this Commonwealth, the State Treasurer, the Auditor
General, and a committee of three members of the
General Assembly, consisting of one Senator and two
members of the House of Representatives, who shall
be appointed by the presiding officer of the Senate and
House, respectively, together with a committee of five
honorably discharged soldiers, who shall be selected
by the Department Commander of Pennsylvania
Grand Army of the Republic, be and the same are
hereby constituted and appointed a commission to lo-
cate and establish a home for the disabled and indi.
gent soldiers, sailors, or marines, who, as citizens of
this Commonwealth, enlisted, and participated in the
war for the preservation of the Union of the United
States, and in the war rith Spain.
APPROVED—The 21st day of March, A. D. 1907.

EDWIN S. STUART.

Inmates.

No. 18.

AN ACT

Authorizing the county commissioners of the several counties,

or the town councils of the several boroughs, of this Commonwealth, or both, to appropriate annually a sufficient sum of money to each Post of the Grand Army of the Republic, in their respective courties or boroughs, to aid in defraying the expenses of Memorial Day.

Memorial Day

Appropriation by county commissloners and town councils.

Section 1. Be it enacted, &c., That the county commissioners of the several counties, or the town councils of the several boroughs, of this Commonwealth, or both, be and are hereby authorized to appropriate annually, to each post in their respective counties or boroughs, a sufficient sum to aid in defraying expenses of Memorial Day.

Section 2. The above act is not to apply to posts situate in cities of the first, second, and third class. APPROVED—The 21st day of March, A. 1. 1907.

EDWIN S. STUART.

Act not to apply to cities.

No. 19.

AN ACT

Validating, approving, and confirming the title to certain lots of land in the borough of Warren, Commonwealth of Pennsylvania, heretofore laid cut into lots by the burgess and town council of said borough, under an act, entitled “A further supplement to an act, entitled 'An act erecting the town of Warren, in the county of Warren, into a borough and township, and for other purposes,' passed the third day of April, Anno Domini one thousand eight hundred thirty-two," approved the sixth day of March, Anno Domini eighteen hundred and forty-five, and sold by said burgess and town council to various purchasers as vacant land, lying between the Conewango creek and the southerly line of Water street (now Pennsylvania avenue, west), as said line is now recognized by said borough authorities, and evidenced by the buildings erected on said lots, along said street, between the Suspension bridge (crossing the Allegheny river) and Liberty street, in said borough, and thence to a point where said line prolonged would strike the westerly side of Market street, in said borough, whenever that part of said Water street covered by said lots, so laid out and sold, shall be vacated by said borough authorities, under existing laws.

March 6. 1815.

Whereas, By the third section of an act of the Gen- Preamble. eral Assembly of the Commonwealth of Pennsylvania, entitled "A further supplement to an act, entitled In act erecting the town of Warren, in the county of Warren county Warren, into a borough and township, and for other purposes,' passed the third day of April, Anno Domini one thousand eight hundred and thirty-two," and approved the sixth day of March, Anno Domini one thousand eight hundred and forty-five, it was enacted as follows:

“Section 3. The burgess and town council of said Section 3, act of borough are hereby authorized to lay out into lots any ground, not belonging to individuals, along the banks of the Allegheny river and Conewango creek, in the bounds of said borough, and the same to sell and convey, in fee or otherwise, to purchasers in such manner as they may deem advisable, and the proceeds of said sale to be paid into the treasury of said borough, for the use of the same: Provided, That nothing herein contained shall interfere with the use of said river and creek as public highways;" and

Whereas. By various resolutions of the burgess and Preamble. town council of said borough of Warren, in pursuance of said act of Assembly, the said burgess and town council of said borough of Warren laid out into lots the land on the banks of said Conewango creek, between Market street, on the east, and the Suspension bridge crossing the Allegheny river, on the west, and between the said creek, on the south, and the southerly line of Water street (now Pennsylvania avenue wrsti, as said line of said later street inow Pennsyl. rania avenue, aforesaid) is now recognized by said borough authorities, and as evidenced by the permaDent buildings erected on said lots, along said Water

« PreviousContinue »