VETOES.

BILLS RETURNED TO THE LEGISLATURE BY THE GOVERNOR, WITH HIS OBJECTIONS THERETO, DURING ITS REGULAR SESSION, ENDING APRIL 16, A. D. 1903.

No. 1.

AN ACT

Authorizing the several boroughs of this Commonwealth to sell and convey all such lands as have been granted to them by the Commonwealth for the purpose of providing a public water supply, where such lands have ceased to be useful for such purpose.

Section 1. Be it enacted, &c., That whenever any lands which have been granted by this Commonwealth to any borough of this Commonwealth, for the purpose of providing a public water supply for the inhabitants of such borough, shall for any reason have become useless for such purpose, any such borough shall have power and authority, by action of the town council, to sell and dispose of any such lands at public sale, and to convey title thereto to the purchaser or purchasers thereof, in fee simple.

Commonwealth of Pennsylvania,

Executive Department, Harrisburg, February 25, 1903.

To the Honorable, the House of Representatives of Pennsylvania: Gentlemen: I return herewith, without my approval, House bill No. 10, entitled "An act authorizing the several boroughs of this Commonwealth to sell and convey all such lands as have been granted to them by the Commonwealth for the purpose of providing a public water supply, where such lands have ceased to be useful for such purpose."

This is a bill enacting that whenever any lands which have been granted by the Commonwealth to a borough for the purpose of providing for a water supply "shall for any reason have become useless for such purpose," the borough shall have power to sell them

1

at public sale and convey a title to the purchaser. There is no means provided by which it may be ascertained whether or not the lands have become useless for the purpose intended. Since the Commonwealth was the grantor, and perhaps the donor, it would seem to have an interest in the determination of that question, and should be consulted. Nor does the act provide in any way for a disposition of the moneys which may be received for the lands. Since the act only refers to cases where there has been a grant for a specific purpose, and the grant is therefore in the nature of a special trust, no doubt it was intended that these moneys should go to the Commonwealth; but there is no provision to that effect. There cannot be many cases to be covered by the act, but in all of them the deeds of grant must have defined, with more or less exactness, the terms of the trust upon which the original grants were made. It is impossible to determine in advance whether questions of construction would not arise, and there seems to be no good reason why in all such cases the Commonwealth should assent by a general act to an interference with the dispositions so made.

SAML. W. PENNYPACKER.

No. 2.

A FURTHER SUPPLEMENT

To a further supplement, approved the fourteenth day of April, one thousand eight hundred and forty, to the act, entitled "An act to enable the Governor to appoint notaries public, and for other purposes therein mentioned," passed the fifth day of March, one thousand seven hundred and ninety-one.

Section 1. Be it enacted, &c., That so much of the further supplement, approved the fourteenth day of April, one thousand eight hundred and forty, to the act, entitled "An act to enable the Governor to appoint notaries public, and for other purposes therein mentioned," passed the fifth day of March, one thousand seven hundred and ninety-one, as renders justices of the peace, aldermen, or magistrates, ineligible to the office of notary public, be and the same is hereby repealed: Provided, however, That justices of the peace, aldermen, or magistrates shall have no jurisdiction in cases arising on notes, checks, or any paper by them as notaries public protested.

Commonwealth of Pennsylvania,

Executive Department, Harrisburg, March 9, 1903.

To the Honorable, the Senate of Pennsylvania:

Gentlemen: I return herewith, without my approval, Senate bill No. 29, entitled "A further supplement to a further supplement approved the fourteenth day of April, one thousand eight hundred and forty, to the act, entitled 'An act to enable the Governor to appoint