Examination.

Decree.

Levy and collection of road-tax.

Report to the court.

Final decree.

Repeal.

to the court of common pleas, or, in vacation, to a judge thereof, within whose district a turnpike or other public road shall be wholly, or the greater part thereof, located, setting forth the location and character of the road, the length thereof, and that they are of opinion that the corporation or commission should be relieved of the duty of repairing and maintaining and operating the road under its control, and that it is to the public interest that the control thereof shall be surrendered by the said corporation or commission; and further setting forth a full statement of the indebtedness of the corporation or commission, the manner in which and by what authority said indebtedness was created, and whether said corporation or commission is empowered by law to levy and collect road-taxes, and, if so, the amount and rate of such taxes and the purpose for which the same are authorized to be levied and collected, and such other matters as may be necessary to inform the court fully as to the status of the corporation or commission, and the condition of the turnpike or other public road under its control, the court may, after such examination of the truth of the matters alleged in the petition as they may deem requisite, make a decree removing said turnpike or other public road from the authority and control of such corporation or commission, and declaring the same to be a free public highway, to be controlled and maintained as other highways in cities, boroughs, and townships are controlled and maintained; and said court shall, thereupon, require the said corporation or commission to continue to levy and collect the road-tax, authorized by law to be levied and collected by such corporation. or commission, for such number of years, and at such rate per year, as the court shall deem requisite for the full payment of the debt and interest which the court shall find is outstanding and unpaid. The court may further order that the said corporation or commission shall make annual report to the court of the amount of tax collected, and the amount of indebtedness liquidated, and amount of interest paid thereon. When it shall appear to the court, from such reports, or otherwise, that all outstanding indebtedness has been fully paid, the court shall make a final decree dissolving the said corporation or commission, and discharging the officers, directors, commissioners, or trustees, as the case may be.

Section 3. That all laws or parts of laws inconsistent herewith be and the same are hereby repealed.

APPROVED-The 1st day of June, A. D. 1907.
EDWIN S. STUART.

No. 271.

A SUPPLEMENT

To an act, approved April twenty-eighth, one thousand nine hundred three, entitled "An act for the annexation of any city, borough, township, or part of a township, to a contiguous city, and providing for the indebtedness of the same;" providing for the preservation of rights of creditors and of liens, and for funding the debt of the municipality or school district annexed.

Section 1. Be it enacted, &c., That in all cases of the annexation of any city, borough, township, or part of a township, to a contiguous city, under the provisions of an act of Assembly, approved the twenty-eighth day of April, Anno Domini one thousand nine hundred and three, entitled "An act for the annexation of any city, borough, township, or part of a township, to a contignous city, and providing for the indebtedness of the same," all rights of creditors and all liens, and all rights of the municipality so annexed to enforce the payment of moneys due, or of contract liabilities, or of other claims or rights of property, existing at the time of such annexation, shall be preserved unimpaired to such annexed city, borough, or township; and such city, borough, or township, for the purpose of enforcing its rights and claims in the premises, and also of having prior rights and claims enforced against it, shall be deemed in law to continue in existence.

All moneys accruing, from time to time, from taxes levied prior to the annexation, and all assessments against private property for public improvements, for which the contractors shall have been paid, shall be applied to the indebtedness of the territory annexed; and it shall be lawful for the councils and mayor of the enlarged city to fund the debt of any municipality or school district so annexed, and, for so doing, to issue the bonds of the enlarged city, in accordance with existing laws applicable to said city, and to provide for an annual tax, upon the subjects of taxation within the limits of the annexed territory, sufficient to retire said. bonds as they mature.

APPROVED-The 1st day of June, A. D. 1907.

EDWIN S. STUART.

No. 272.

AN ACT

Authorizing any city of the third class within this Commonwealth to confine and pave, or completely enclose, any creek, run, or natural waterway, other than navigable streams, and for this purpose to enter upon any lands necessary to such confining and paving, or complete enclosure; and providing for the ascertainment and assessment of the costs, damages and expenses thereof, as well as the levy and collection of benefits arising therefrom, and constituting such benefits a lien upon the properties upon which they are respectively assessed.

Section 1. Be it enacted, &c., That from and after the passage of this act, whenever any city of the third class within this Commonwealth shall deem it essential to the preservation of health, or to the interest and welfare of the city and the inhabitants thereof, to confine and pave, or completely enclose, any creek, run, or natural waterway, other than navigable stream, the said city shall have full power and authority, by ordinance duly passed, and after plans and specifications have been submitted to and received the approval of the Water Supply Commission of Pennsylvania, to confine and pave, or completely enclose, any creek, run, or natural waterway, other than navigable streams, or any part thereof, within the limits of said city, and, for this purpose, to enter upon any such lands as may be necessary to complete the work of confining and paving, or complete enclosure.

Section 2. When the work of confining and paving, or complete enclosure, of any creek, run, or natural waterway, other than navigable streams, or any part thereof, has been completed, as specified in the ordinance, if the said city cannot agree with the property holders on the division of the costs and expenses thereof, the city may present its petition, in any court of common pleas of the proper county, setting forth briefly the character of such improvements, and that the cost, expenses, and damages incurred have not been collected or fully paid to said city, and praying the court to appoint three disinterested freeholders as viewers, to ascertain the damages, costs, and expenses resulting from the confining and paving, or the complete enclosure, of any creek, run, or natural waterway, and to fairly and ratably assess the said damages, costs, and expenses, or so much thereof as said viewers may deem just and reasonable, upon the property benefited or affected by such confining and paving, or complete enclosure, and make a report thereof to court; whereupon said court of common pleas, or any law judge thereof in vacation, shall appoint three disinterested freeholders as viewers, and appoint a time, not

less than twenty nor more than thirty days thereafter, when said viewers shall meet upon the line of the improvement and view the same and the premises affected thereby. Said viewers shall give at least ten days' notice of their first meeting, by publication in one of the newspapers published in the said city, and by posting handbills upon the premises on the line of said improvement, or by such other means as the court shall deem necessary and proper.

Notice.

Meeting.

Section 3. Said viewers, having been duly sworn or affirmed faithfully, justly and impartially to decide and true report to make concerning all matters and things to be submitted to them, in relation to which they are authorized to inquire, in pursuance of the provisions of this act, and, having viewed the premises or examined the property, shall hear all parties interested and their witnesses; and shall estimate and determine the costs and expenses of the improvement, and the damages for property taken, injured, or destroyed, if any, to whom the same is payable; and, having so estimated and determined the costs, expenses, and damages, together with the benefits as hereinafter mentioned, they shall prepare a schedule thereof, and give Schedule. notice to all parties to whom damages are allowed, or upon whom assessments for benefits are made, of a time not less than ten days thereafter, and of a place where said viewers will meet and exhibit said schedule, and

court.

hear all exceptions thereto and evidence. Notice of Notice of meeting. the time and place of said meeting shall be given by personal service upon all parties allowed damages or assessed benefits, as shown upon said schedule, if resident in the city, and to all others by publication in a newspaper, as provided for in the second section of this act. After making whatever changes are deemed necessary, the said viewers shall report to the court, show- Report to the ing the damages and benefits assessed in each case, and file therewith a plan showing the improvement of the properties taken, injured, or destroyed, and the properties benefited thereby. When said report is filed, notice thereof shall be given by publication once in the newspaper publishing the notice provided for in section. two of this act, and by personal notice to each person awarded damages or assessed benefits. Said notice shall state the date of filing the report, and shall contain a schedule of the damages and benefits shown therein, and shall further state that, unless exceptions thereto be filed within thirty days from the date of filing, the said report will be confirmed absolutely.

Notice of filing of report.

Section 4. The cost of the improvement, including the costs and dampayment of damages sustained by the making of the im- ages. provements, aforesaid, may be borne either in whole or in part by the city, or in whole or in part by assessment upon the property benefited by such improvements, as

Assessment.

Report.

Court costs.

said viewers may determine and the court approve; and, in the latter case, the viewers appointed to assess the damages, having first estimated and determined the same apart from benefits, shall also assess the said damages, or so much thereof as they may deem just and reasonable, upon the properties peculiarly benefited by the improvement, including in the said assessment all properties for which damages have been allowed, if, in their judgment, such properties will be benefited thereby, and shall report the same to the said court.

Section 5. The costs of the viewers, and all court costs incurred in the proceedings aforesaid, shall be deViewers per diem. frayed by the said city; and each of the said viewers

Exceptions.

Trial by jury.

Appeals.

Powers of court.

Final assessments.

Liens.

shall be entitled to the sum of five dollars ($5.00). per day for every day necessarily employed in the performance of the duties herein prescribed.

Section 6. Upon the report of said viewers, or any two of them, being filed in said court, any party may, within thirty days thereafter, file exceptions to the same; and the court shall have power to confirm said report, or to modify, change, or otherwise correct the same, or change the assessments made therein, or refer the same back to the same or new viewers, with like power as to their report; or, within thirty days from the filing of any report in court, any party whose property is taken, injured, or destroyed may appeal, and demand a trial by jury; and any party interested in any assessment of damages or benefits may, within thirty days after the final decree, have an appeal to the higher courts. The said court of common pleas shall have power to order what notices shall be given in connection with any of the said proceedings, and may make all such orders as it may deem requisite.

Section 7. The final assessments made on any property or properties to pay for the costs, expenses, and damages, or either, of the improvements, under this act, shall be a lien for the amount of such assessment upon the properties so assessed, dating from the time of the final confirmation of the report under which said assessment was made, or the final decree of the court fixing such assessment; and shall, if filed within six months from said final assessment and confirmation, remain a first lien upon said properties; and the lien thereof shall be continued, revived, and collected in the manner provided for the revival of, the lien of, and the collection of liens for municipal improvements, as provided for by the act approved June four, nineteen hundred and one (Pamphlet Laws, three hundred and sixtyfour), and the several supplements thereto.

APPROVED The 1st day of June, A. D. 1907.

EDWIN S. STUART.