P. L. 268. 8 July 1885 3. who shall have been the owner of the land at the time of the sale, or his legal representatives, all the rights and title which the county may have acquired under such sale as aforesaid; and the moneys received shall be paid to the respective townships or districts in which such lands shall lie as they may be entitled thereto. Ibid. 4. Public sale of 50. If the owner or owners of any such lands purchased by the commissioners as aforesaid, shall not redeem the same within the period aforesaid it shall thereafter unredeemed lands. be lawful for the commissioners to sell any such lands at public sale, and make a deed or deeds therefor to the purchaser or purchasers with like effect and in the same manner that unseated lands purchased by county commissioners are now by law authorized to be sold by them, and after such sale the lands shall thereafter be charged by the proper assessor in the name of such last purchaser or redeemer, and shall again be liable to be assessed and sold for taxes as other lands. 25 June 1885. P. L. 164. required to erect poles, &c. Telegraph Companies, 1. Municipal consent required for erection of poles, &c. 1. Before the exercise of any of the powers given under this act, application shall be first made to the municipal authorities of the city, town or borough in Municipal consent which it is proposed to exercise such powers, for permission to erect poles, or run wires on the same, or over or under any of the streets, lanes or alleys of said city, town or borough, which permission shall be given by ordinance only, and may impose such conditions and regulations as the municipal authorities may deem necessary.(a) (a) This is an amendment of the act 1 May 1876, 24, P. L. 90, ante, vol. II., page 1628, pl. 4. 13 April 1887 1. P. L. 21. 2. Construction of time prior to July 1, 1887. Subsequent to June 30, 1887. 1. On and after the first day of July, Anno Domini, one thousand eight hundred and eighty-seven, the mean solar time of the seventy-fifth meridian of longiUniform standard tude west of Greenwich, commonly called eastern standard time, shall be the of time established. sole and uniform legal standard of time throughout this commonwealth; and, on and after the date aforesaid, all days shall be everywhere taken to begin and end in accordance with said standard: and every mention of or reference to any hour or time in any or all existing future acts of assembly, municipal ordinances, and corporate by-laws, in any and all existing or future rules or regulations adopted by any public officer, or official board, in any and all rules of the courts of the commonwealth or any of them, whether standing or special, and whether now in force or hereafter to be promulgated, in any and all of said orders, judgments and decrees of said courts or any of them, and judgments and sentences of magistrates pronounced or entered on after the date aforesaid, in any and all contracts, deeds, wills, and notices, and in the transaction of all matters of business, A business to be public, legal, commercial or otherwise, shall be construed with reference to and in accordance with the said standard hereby adopted, unless a different standard is therein expressly provided for: Provided, however, That this act shall not operate to impose upon any person any forfeiture of rights, or subject him to the consequences of any default, by reason of any failure occurring prior to the date aforesaid to comply with the requirement of or do any act under or in pursuance of any law, ordinance, contract, notice, deed, will regulation, rule, order, judgment, sentence, or decree, if such person shall before the said date, have properly done the act or acts, which would be requisite to save such forfeiture, or prevent such default, had this law not been enacted. transacted with reference to standard Proviso. .P. L. 21. time prior to July 2. Whenever, at any time between the passage of this act and the first day 13 April 1887 2. July, one thousand eight hundred and eighty-seven, any contract, deed, will, notice, order, judgment, sentence or decree shall mention or refer to any time Construction of prior to the date aforesaid, or fix any period for the doing of any act expiring 1, 1887. prior to said date, the construction thereof shall be unaffected by the provisions of this act; but as to any mention of or reference to any time subsequent Subsequent to to the last day of June, one thousand eight hundred and eighty-seven, or the fixing of any period expiring subsequent to the date last aforesaid, the construction of the same shall be subject to the provisions of the first section of this act. June 30, 1887. Township Officers. 1. Assessors. Compensation fixed. 24 May 1887. P. L. 195. 1. It shall be the duty of each assessor and assistant assessor to keep an account of the several days by him actually employed in the performance of his duties, and to make return of the same to the commissioners of the county, Compensation fixed verified by his oath or affirmation; and for each day necessarily so employed, he day. shall receive the sum of two dollars.(a) at two dollars a (a) This is an amendment of the act 15 April 1834, § 89, P. L. 553. See ante, vol. II., page 1638, pl. 10. 1. Powers enlarged. Trust Companies. 2. May receive valuables on deposit. 3. May act as agents for issuing bonds, &c. Receive and manage sinking-fund. 4. Increase capital stock. Limitation. Par value of shares. 5. Must first accept constitution. And file certificate. 1. All companies incorporated under the laws of this commonwealth, which 11 June 1885 2 1. are by their charters authorized to act as trustees, receivers, assignees, guardians and committees, be, and they are, hereby authorized, P. L. 111. Powers enlarged. Ibid. 2. First. To receive upon deposit for safe keeping jewelry, plate, stocks, bonds and valuable property of every description, upon such terms as may be agreed May receive upon. valuables. Ibid. 3. Second. To act as agents, for the purpose of issuing or countersigning the certificates of stock, bonds or other obligations, of any corporation, association, To act as agents municipality, state or public authority, and to receive and manage any sinking for issuing bonds, fund thereof, on such terms as may be agreed upon. &c. 4. Whenever such companies shall desire to increase their capital stock, they Ibid. 22. may do so according to the forms prescribed by law: Provided, The amount of May increase thei capital stock after such increase, shall not exceed two million dollars, and may capital stock. change the par value of the shares to one hundred dollars each. Limitation. 5. Such companies, before exercising any of the powers conferred by this act, shall first accept the provisions of the constitution of this commonwealth, adopted Must first accept December sixteenth, one thousand eight hundred and seventy-three, and shall constitution. file with the secretary of the commonwealth a certificate of such acceptance, in And file certificate, writing, under their duly authenticated seal. Turnpike Companies. 1. Petition of citizens to free from tolls. Viewers and their duties. Notice of application. And of time and place of view. 2. Stenographer may be appointed. Master to be appointed. 3. Master to be sworn. And stenographer. Viewers to be sworn and examined as to competency, interest, &c. When qualified, to be sworn. 4. Organization of jury. Quorum. Examination of witnesses. May report without examination of witnesses. 5. Compensation of jurors. Of the master. How paid. Of the stenographer. 6. When report to be filed. Contents. 2 June 18871. P. L. 306. to free from tolls. Contents of such petition. Viewers and their duties. 1. Whenever twenty-five or more resident taxpayers of any county, in this commonwealth, shall petition the court of quarter sessions of their county, reprePetition of citizens senting that any turnpike, road or highway, heretofore or hereafter constructed, upon which tolls are charged the travelling public, under any general or special law, is located wholly or in part of their county, and that it would be for the best interests of the people of their county for such turnpike, road or highway. or any part thereof, to become a public road, free from tolls and toll-gates, it shall be the duty of such court of quarter sessions to appoint a jury of view, consist ing of five reputable citizens of the petitioners' county, to view and condemn such turnpike, road or highway, or part thereof, for public use, free from tolls and toll-gates, and to assess the damages to which the owner or owners thereof Notice of applica- may be entitled therefor: Provided, however, That notice of the intended application for the appointment of such jury of view shall be published in two newspapers of general circulation in the petitioners' county, at least thirty days previous to the time of making the application, and that like notice in writing shall be served upon the county commissioners or proper municipal authorities, at least ten days before making such application: And further provided, That such petitioners shall serve or cause to be served upon the county commissioners or proper municipal authorities a written notice of the time and place of the meeting of such jury of view, at least five days before such meeting shall be had. tion. And of time and place of view. Ibid. 22. Stenographer may be appointed. Master to be appointed. Ibid. Master to be sworn. 2. The said court of quarter sessions may, in its discretion, appoint a competent stenographer to keep a faithful record of all proceedings before the viewers and to furnish a full copy of his notes to be attached to and form a part of the record; and, in addition to the five viewers provided for in the first section of this act, shall appoint a reputable person, learned in the law, who shall preside at all meetings of the viewers, to be known as a master and have the power to determine the admissibility of evidence, to issue writs of subpoena to compel the attendance of witnesses and the production of papers, and instruct the viewers upon matters of law, to which exceptions may be taken for the purpose of review, but shall not have a vote on any question of fact or value. 3. Before entering upon the discharge of his duties of master, he shall be sworn or affirmed, by the judge appointing him or by the clerk of the court of quarter sessions, to discharge his duties faithfully, impartially and according to the best of his learning and ability; after being duly sworn or affirmed, he And stenographer. shall, at the first meeting of the viewers, swear, or affirm the stenographer to the faithful discharge of his duties, and thereupon shall, separately, swear or affirm each viewer on his voir dire touching the competency to serve, his impartiality and disinterestedness, and a record thereof shall be made, and, upon objection then made by any person in interest, the court shall have the power, in its discretion, on cause shown, to revoke the appointment of any one or all of the viewers, and appoint others in lieu thereof: when the five viewers are found to be disinterested and qualified to serve, the master shall administer an oath or affirmation to each viewer to perform his duties with fidelity, impartiality and according to his best judgment. Viewers to be sworn and examined as to compe tency, interest, &c. When qualified, to be sworn. Ibid. 23. Organization of jury. Quorum. 4. The members of such jury of view and the master, having been duly sworn or affirmed as provided for in the preceding section of this act, shall organize, three members thereof, not including the master, shall constitute a quorum, with power to meet and perform the duties of such jury of view, and it shall be the P. L. 306. witnesses. duty of such jury of view to hear at least six witnesses at the request of the 2 June 1887 23. petitioners for or of those opposed to making any turnpike, road or highway free from tolls and toll-gates, and a like number of witnesses on behalf of the com- Examination of pany owning or operating such turnpike, road or highway: Provided, however, May report withThat such jury of view may report in favor of petitioners, if such jury of view out examination decree it for the best interests of the people of their county, without hearing any witnesses, if no request is made by any party to have witnesses examined. of witnesses. Ibid. 24. Compensation of 5. Each juryman, serving on any such jury of view, shall be allowed the sum of two dollars and fifty cents for each day necessarily employed thereon, and the master's compensation shall be fixed by the court, and warrants shall be drawn jurors. by the county commissioners of the proper county on the treasurer of their of the master. county for the payment of the amounts to which such juryman and master shall How to be paid. be entitled under this act, as well as the stenographer, whom the court shall appoint. Of the stenographer. Ibid. § 5. 6. Such jury of view shall within thirty days after the appointment thereof, unless, in the discretion of the court, the time be extended, report to the court when report to be appointing the same as follows: filed. First. The names of the members of the jury and master who attended each Contents of report. meeting thereof; Second. The number, names, residences and ages of the witnesses examined before a jury; Third. Whether or not the entire turnpike, road or highway is located in the petitioners' county, and if not, what proportion is so located, and whether or not it is for the best interests of the people of the petitioners' county for the turnpike, road or highway, or a part thereof, to be made free from tolls and toll-gates, and whether or not the same is condemned, by such jury of view for public use, free from tolls and toll-gates, and if the whole of said turnpike, road or highway lying in the petitioners' county is not condemned, but only a part thereof, then such part shall be clearly designated and described; and to which report shall be attached a map or draft of said turnpike road, showing definitely the point between which the same is condemned for public use for the turnpike, road or highway, or part thereof, if the same shall be condemned for public use as afore said. Ibid. 26. Exceptions to report. Confirmation or dismissal. 7. Exceptions may be filed by any party aggrieved to the report of such jury of view, within thirty days from the time such report is filed, which exceptions shall be heard by the court in which such report is filed, and such court, after considering such exceptions, may refer the report back to the jury of view with instructions to take any further proceedings or testimony as the court may deem necessary and proper, or may set the same aside, or may confirm such report; and if no exceptions are filed to any such report, unless appeal is taken as provided for in section eight of this act (and in such case the final confirmation of the proceedings shall await the result of the appeal from the assessment within thirty days from the time of filing thereof) then such report may be confirmed or dismissed by the court. Any party aggrieved by the action of the court may remove the proceedings to the supreme court by writ of certiorari within twenty Certiorari. days after final confirmation or disapproval. Ibid. 7. of tolls to cease. 8. Immediately after any court of quarter sessions shall confirm any report of such jury of view, condemning any turnpike, road or highway, or part thereof, on confirmation of for public use, free from tolls and toll-gates, the collection of tolls of every kind report collection on such turnpike, road or highway, or part thereof, shall hereafter cease, and, thereupon, all toll-gates upon the part so condemned shall be forthwith removed Gates to be therefrom; and, thereupon, it shall be the duty of the county commissioners of the proper county to draw a warrant or warrants on the treasurer of their county for the payment of any damages which shall be assessed, as aforesaid, against their county for any turnpike, road or highway so condemned in their county, which warrant or warrants shall be made payable to the party or parties legally entitled to such damages. removed. Warrant for damages. Ibid. 8. 9. An appeal to the court of common pleas of the proper county, from the assessment of damages, may be taken by the corporation owning or taking tolls Appeal to the on said turnpike, road or highway road, or by the county commissioners, or by the common pleas. proper municipal authorities, or by twenty-five citizens of the petitioners' county, When to be taken. within thirty days after the approval of the report, and, thereupon, the court Jury trial. shall direct an issue, which shall be tried by a jury, according to the course of the common law as regulated by existing statutes, and judgment entered on the Writ of error. verdict, and the record thereof shall be remitted to the proper court of quarter ses Judgment. 2 June 1887 8. sions for further action upon the whole case: Provided, however, That the said judgment shall be reviewable by the supreme court upon writ of error as in other P. L. 306. Ibid 29. cases. 10. Such appeal shall be accompanied by an affidavit made by an officer of Affidavit on appeal. said corporation, or by one of the county commissioners, or municipal officers, or by one of the twenty-five citizens, that the appeal is not taken for the purpose of delay, but because the affiant firmly believes that injustice has been done, and, after verdict, such order shall be made in relation to the costs as to the court shall appear just. Costs. Ibid. 10. condemned. 11. If only a part of any such turnpike, road or highway shall be condemned, Tolls on part not nothing herein contained shall be taken to abridge the right of the company, owning or operating such turnpike, to maintain toll-gates and collect tolls upon the remaining parts of their road not condemned as aforesaid: Provided, That it shall What portion may not be lawful so to condemn any portion of such turnpike, road or highway, unless such portion extend to one of the terminal points of such turnpike, road or highway, and unless such portion be a continuous portion. be condemned. Ibid. 11. City, &c., to repair and maintain. 25 June 1885. P. L. 172. of sequestrator. 12. When any turnpike, or portion thereof, shall have been condemned, under the provisions of this act, for public use, free of tolls or toll-gates, and the assessment of damages therefor shall have been paid by the proper county, such turnpike, or portion thereof, shall be properly repaired and maintained at the expense of the proper city, township or district, as other public roads or streets therein are by law repaired and maintained. (a) 13. In all cases, where, under a writ of sequestration, the property and funds of a turnpike or plank-road company are in charge of a sequestrator, and the Sale upon petition debts of such company have not been liquidated, it shall be lawful for the court of common pleas, which awarded the writ of sequestration, when such court shall be satisfied that the interests of the creditors of the company shall be so best subserved, to grant, upon the petition of the sequestrator, an order authorizing and empowering such sequestrator to take and make public sale of the turnpike or plank-road, or any portion thereof, and all the right, title, interest, property, possession, claim and demand in law and equity of such company of, in and to such turnpike or plank-road or portion thereof, with the appurtenances thereunto respectively belonging, at such place and upon such terms, as the court shall direct; of which sale public notice shall be given once a week for three successive weeks, by publication in a newspaper in the county or in each of the counties, in which the turnpike, or plank-road, or the portion thereof intended to be sold, is situated; and the net proceeds of such sale, after the confirmation thereof by the court, shall be applied, under the direction of the court, to the payment of the debts of such company, in the same manner as the receipts derived from the operations of the road are now applied under existing Notice. Proceeds. law. (a) This act supplies the act 25 June 1885, P. L. 170. |