cils of each of said cities of the fourth, fifth, sixth and seventh classes may pro- 24 May 1887, art. vide, by ordinance, for a registry thereof, in accordance with this act.

20, 1. P. L. 204. Ibid. § 2.

plans.

455. The city engineer of any of said cities, in which such registry shall be established as aforesaid, shall cause to be made books of plans of such city, show- City engineer to ing the situation and dimensions of each property therein, with the city number make books of and name of the owner or owners thereof, with blank spaces for the names of Contents. future owners and dates of future transfers of title, and for such purposes the said engineer shall have free access without charge to any of the public records Access to public of the county, wherein the necessary information may be obtainable therefor, and may also cause search to be made in any other place, for any muniments or evidenoes of title not reported to him, as hereinafter provided, and requisite for the completion of the said plans.

456. The said books of plans shall be carefully preserved in the departments of surveys of said cities, and shall be so kept, by additions from time to time, as to show the ownership of each lot or piece of real estate, or sub division thereof, within the city limits, with the successive transmissions of title from the date of commencement of such plans. Certified copies, under the hand of the said engineer, of any of the entries in said books of plans shall be received in evidence in the same manner as the books themselves might be admissible for such purpose, and may also be furnished to any person desiring the same, for such fee or compensation as may be fixed by ordinance, for the use of the city.

records.

Ibid.

How books to be

kept.

Additions.

Certified copies.

Fees.

Ibid. § 3.

Owners to furnish

457. It shall be the duty of all owners of unregistered real estate within the city limits, within one month from the date of the approval of the ordinance establishing such registry, and of every subsequent purchaser, devisee or person data. acquiring title by partition or otherwise to any real estate therein, within one month after acquiring such title, to furnish to the said engineer at his office descriptions of their respective properties upon blanks to be furnished by the city, and at the same time to present their conveyances to be stamped by said engineer without charge, as evidence of the registration thereof. Any person or persons neglecting or refusing to comply with the provisions of this section for a period of thirty days after public notice of the requirements thereof, given in the newspapers authorized to publish the city advertisements, shall be liable to a penalty of five dollars, to be recovered, with costs of suit, in the name and for Penalty. the use of the city, as penalties for the violation of city ordinances are recoverable.

Ibid. 4.

458. The sheriff of the respective counties, in which such cities are situated, shall present for registry the deeds of all properties within the city limits sold Duties of sheriff. by them at judicial sales, whether in partition or otherwise, and the recorder of of recorders deeds thereof shall not admit for record any deed for any city property bearing date subsequent to the approval of the ordinance for the establishment of such registry, unless the same shall have first been duly stamped as herein directed as proof of registry; and any prothonotary or recorder, who shall record any deed before the provisions of this section shall have first been complied with, shall be liable to a penalty of five dollars for each deed recorded in violation hereof, to Penalty. be recovered, with costs of suit, in the manner herein before provided.

(19.) Topographical survey.

459. Any city of the fourth, fifth, sixth and seventh classes shall have power Ibid. art. 21, § 1. by ordinance to cause a topographical survey thereof to be made by their duly Councils may cause appointed city engineer, or by such other civil engineer and assistants as they to be made. may employ for that purpose.

Ibid. 2.

460. It shall be the duty of said engineer, upon being duly authorized thereto, to survey and mark the lines of all the streets, avenues and highways of the city Duties of engineer. already opened or intended to be opened for public use, and to survey and lay out such new streets, avenues and highways as the councils may deem necessary for a regular and convenient city plan, and also to regulate the elevation of the same, and of the gutters and sidewalks thereof, and for said purposes the said engineer and his assistants shall have full power and authority to enter upon the lands and premises of any person or persons within the said city.

Ibid.

be made.

461. When the survey and regulations shall be completed, the said engineer shall make or cause to be made duplicate drafts or plans thereof, with every position and explanation necessary for a full understanding of the same, distinctly Duplicate drafts to designating where the new streets, avenues and highways shall thereafter be opened, and one of the said drafts or plans shall be returned to the councils, who shall keep the same in such place as they may direct, and the other of said Where to be kept.

24 May 1987, art. 21, 22 P. L. 204.

Ibid. § 3.

Quarter sessions to hear objections.

tion.

drafts or plans shall be delivered to the clerk of the court of quarter sessions of the proper county, to be by him filed in his office for public inspection and

examination.

462. It shall be the duty of the said councils to give at least thirty days' previous notice, in at least two of the public newspapers published in said city, that on a certain day or days to be appointed by the court of quarter sessions, the said court will hear any objections that may be made to said draft or plan by any freeholder or citizen of the said city; and the court shall, at the time appointed, determine whether any, and what alteration shall be made therein, and, when Effect of confirma- the said draft or plan shall be finally confirmed, shall direct the same, with such alterations as shall be made thereto, to be recorded in the office of the clerk of said court; and thenceforth all the streets, avenues and highways, as therein contained, shall be adjudged and taken to be public highways, and the surveys and regulations of the said streets, avenues and highways, so filed and recorded, shall be deemed and adjudged established and fixed; and in case the city councils shall thereafter change or alter, or should they by themselves or their officers deviate from the regulations of the streets, avenues or highways so as aforesaid established, and damages thereby accrue to the property of any person or persons Liability of city in in consequence thereof, the said city shall be liable for the payment of such

case of deviation.

Ibid. 4.

Plan may be made in sections.

Ibid. 5.

Penalty for build

street.

damages.

463. The said engineer may, from time to time, as he shall deem expedient and the said councils shall direct, make report of the surveys, plans and regulations by him made in convenient sections, without awaiting the completion of the entire survey, and shall make duplicate drafts and plans of said sections in the manner herein before prescribed, and the same proceedings shall be had for the final confirmation of such partial or sectional drafts and plans as is herein directed in relation to the confirmation of the entire survey, and with the like force and effect.

464. If any owner or owners of real estate, or other person, shall erect or construct any house or other building within the line of any street, avenue or highing within line of Way, as surveyed and marked on the draft or plan aforesaid, or upon any section thereof, after the final confirmation and recording of the same, such owner or person shall not be entitled to claim or recover any damages which may be caused by the removal of such house or building for the opening or widening of any such street, avenue or highway. All proceedings for the opening, widening, grading or otherwise improving any of the public streets, avenues or highways so as aforesaid surveyed, established and confirmed, and the payment of damages or contributions therefor, shall be regulated and governed by the provisions of

Opening, &c.

Ibid. art. 22, 1.

May redeem bonded indebted

ness by new loan.

this act.

(20.) Indebtedness.

465. Any of the said cities of the fourth, fifth, sixth or seventh classes may, in the manner prescribed by law, redeem its existing bonded indebtedness as fast as the same may become due and payable, by the issue of new bonds therefor, bearing interest at a rate not exceeding six per centum per annum, redeemable in five years, and payable at any time not exceeding thirty years from the date Exempt from local of the issue thereof, at the option of the said city. Said bonds shall be exempt from all taxation except for state purposes, and the holders of such maturing indebtedness shall have the first right to surrender the bonds held by them, and receive the new bonds issued as aforesaid to the like amount in lieu thereof.

taxation.

Preference to be given in the placing of the new bonds.

Ibid. § 2.

missioners.

Officers.

Duties.

Meetings.
Record.

466. The mayor, treasurer and controller of each of said cities shall constitute Sinking fund com- a board of commissioners of the sinking fund of the city. The mayor shall be chairman and the controller secretary, and it shall be the duty of the board to keep the accounts of the sinking fund, and to see to the proper application, and superintend the investment of the same, in accordance with law and the directions of the city councils. The said commissioners shall meet as often as may be necessary, keep a record of their proceedings, and shall annually, in the month of January, make a report to councils of the condition and application of the fund, together with such recommondations in relation thereto as they shall deem expedient: Provided, That councils shall not direct the investment of any moneys to the credit of the sinking fund except in the loans of the said cities, respectively, the loans of the United States, or the loans of the state of Pennsylvania, and the income derived from any of said investments shall be credited and applied to the said several sinking funds respectively.

Annual report.

Investments.

Income.

(21.) Repeal, &c.

23, 1. P. L. 204.

467. All laws or parts of laws heretofore passed, whether general or special, 24 May 1887, art. relating to the incorporation and government of any of the cities of this commonwealth inconsistent herewith, or supplied by the provisions hereof, are hereby Repeal of inconrepealed; but no right or interest which has become vested thereunder shall be sistent or supplied destroyed or impaired by the operation of this act, or by the exercise of any Vested rights. power granted therein.

laws.

Ibid.

468. All officers of each of said cities of the fourth, fifth, sixth and seventh classes in office at the date of the approval hereof, shall, except where otherwise Present officers to herein provided, continue to hold their office for the terms for which they were serve out terms. respectively elected, and all existing suits, prosecutions, taxes, debts, claims and Pending litigation. demands whatsoever, by, or belonging, or pertaining to any of said cities, shall be proceeded in and recovered as fully and effectually as if the same had been proceeded in under the provisions hereof.

Ibid. ? 2.

Former levies and

469. All taxes levied, or assessments made in any of said cities of the fourth, fifth, sixth or seventh classes, within five years next preceding the date of the approval of this act, are hereby made valid, and said cities are hereby authorized assessments made and empowered to collect the same in the manner provided by this act for the valid. collection of taxes and assessments.

Collections.

470. It shall be the duty of the councils of every city of the fourth, fifth, sixth Ibid. 33. and seventh classes forthwith to pass such ordinances, in accordance with the Councils to pass provisions of this act, as may be necessary to carry into effect the requirements ordinances. thereof, but all ordinances of any of said cities heretofore passed, not inconsistent Existing ordiwith such provisions, shall be and remain in full force and virtue until altered nances not inconor repealed in due course.

sistent.

471. In cities of the several classes operating with but one branch of council, Ibid. ? 4. the members thereof in office at the date of the approval hereof shall be empow- Cities having but ered to exercise all the functions of councils in the manner theretofore author- one branch of ized, until their successors are installed in accordance with the provisions of this councils.

act.

National Guard.

49. Discharge of enlisted men. Of non-commissioned demeanor. staff officers.

50. When company may be disbanded.

51. Term of adjutant-general.

52. Duties of adjutant-general.

53. Furnish blanks, &c. Abstracts of returns to the commander-in-chief.

54. Annual report to commander-in-chief and president of the United States.

117. Approval of proceedings and sentence. tion. To be transmitted to the adjutant-general.

Publica

118. Appeal from general courts-martial. Stay of execution.

119. Appeal from other courts-martial.

120. Collection of fines imposed. Commitment. 121. Keepers of jails to receive and confine.

122. President of court. Members in uniform. Marshals.

123. Warrant, on refusal to appear. 124. Subpoenas.

125. Administration of oaths. Attachment for witnesses. Order. Duties of sheriffs, &c.

126. Penalty for disobeying subpoena. Witnesses to be reported to district-attorney.

127. Attachment for delinquent witnesses. 128. Execution of attachment.

Fees and costs.

129. Fines and penalties to be paid into state treasury. 130. Neglect to execute process or pay over fines, &c., to be a misdemeanor.

131. Failure to appear upon any occasion of duty. 132. Officers under arrest to be suspended. Resignation under charges.

133. Practice and procedure in courts-martial and of inquiry.

134. Compensation of members. Transportation.

154. No civil process against persons in service. Limitations suspended.

155. Medical and staff officers for actual service. 156. Supplies for enrolled militia in active service. Proposals to be advertised. Award of contracts. spectors. Duties. Compensation.

In

157. Hospital department. Rank and pay of officers. Qualifications.

158. Settlement of bills.

Affidavit.

159. Certificate of head of bureau to accompany all accounts.

160. When volunteers may leave the state.
161. Drafting militia.

162. Existing military organizations preserved.
163. Repeal of prior acts.

P. L. 23.

1. The active militia of this commonwealth shall hereafter be styled the Na- 13 April 1887 § 1. tional Guard of Pennsylvania, and shall be subject, at all times, to the orders of their officers. (a)

Name.

Ibid. 2.

2. In the time of peace, the national guard shall consist of not more than one hundred and fifty companies of infantry, five troops of cavalry and five batteries Peace organization. of artillery, fully armed, uniformed and equipped, to be allotted and apportioned Allotment and in such localities of the state as the necessity of the service, in the discretion apportionment. of the commander-in-chief may require, and organized in such divisions, brigades, regiments, battalions and unassigned companies, with power to make such alterations in the organization and arrangement thereof, from time to time, as he may deem necessary: Provided, That there shall not be more than one major general

line.

and five brigadier-generals of the line. But the commander-in-chief shall have Generals of the power, in case of war, invasion, insurrection, riot or imminent danger thereof, to increase the said force and organize the same as the exigencies of the occasion Increase in case of may require Provided, That whenever an officer shall be re-commissioned within war, &c. six months after the expiration of his original commission, in the same grade, or Re-commissioned in a lower grade than that in which he has served in the national guard, his officers. new commission shall bear even date with, and he shall take rank from the date provided for in his former commission.

Ibid 23.

form to those of

3. The organization of the national guard shall conform generally to the provisions of the laws of the United States, and the system of discipline and Organization, disexercise shall conform, as nearly as may be, to those of the army of the United cipline, &c., to conStates; and the commander-in-chief is hereby authorized to make changes and the United States alterations therein, but such modifications shall conform, as nearly as practicable, army. to said laws, system, discipline and exercises; and each non-commissioned officer Changes and alteraand private shall, at the time of enlisting, sign two enlistment papers, according Enlistment papers, to a form prescribed by the adjutant general, one copy of which shall be retained by the company commander and one forwarded to and filed in the office of the adjutant-general; but, before any recruit shall be enlisted, he shall be subjected

(a.) By the act 24th May 1887, P. L. 182, see title "Municipal Corporations," pl. 120, councils in cities of the first class are authorized to appropriate annually five

tions.

hundred dollars for each company of the national guard.