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commissioners

to act upon town

view.

Order of court.

and compensation of jury of view,

way in said township according to the provisions of this act, it shall be the duty of the supervisors or commissioners of said township to petition the county

commissioners in the manner hereinbefore described. In case county

Section 12. In case the county commissioners of any neglect or refuse

county shall neglect or refuse to act upon the petition

of any township or townships for highway improveship's petition.

ment, as herein provided, or shall refuse to petition the State Highway Department for State aid in such proposed improvement, after said township or town. ships shall have complied with the conditions of this act in petitioning said county commissioners, the su

pervisors or commissioners of said township or townTownship may ships may, through their proper officers, petition the petition court.

court of quarter sessions of said county for the apReport of Jury of

pointment of a jury of view to examine into the necessity of said proposed highway improvement; and upon the said jury of view making a report favorable to said improvement, and with the approval of the court, it shall be the duty of, and the court may by order require, the said county commissioners to petition the said State Highway Department for the co

operation of the State in the said proposed highway Appointment of improvement, in the manner herein provided. Said

jury of view to be appointed and compensated in the same manner, and to have the same powers, as juries of view for laying out or changing public roads have by existing law.

Section 13. The supervisors or commissioners of any adjacent townships, in the same county, in which any portion of a principal highway running into or through

said townships may lie, may by resolution jointly petiJoint petition of townships. tion the county commissioners of their county to make

application to the State Highway Department for the co-operation of the State in repairing or rebuilding said highway, as herein provided.

Section 14. Advertisements for proposals for the reconstruction or improvement of highways under the provisions of this act shall be given by the county commissioners, at least thirty days before the contracts may be awarded, by public notice in at least two newspapers of general circulation in the county in which the highway to be improved is located; such advertisement to designate where the plans and specifications may be had, and the time and place of the reception of bids and the letting of the contract.

Section 15. Ten per centum of the amount available for highway purposes, under the provisions of this act,

shall be set aside for the purpose of maintenance of Apportionment of

highways, as hereinafter provided, and shall be apmaintenance fund. portioned by the State Highway Commissioner among

the townships or counties applying for the same, in proportion to the mileage of improved highways made under the provisions of this act, or which have already

Advertisements for proposals.

Maintenance of highways.

been made or may hereafter be made, at the expense of such townships or counties, and which are of the standard prescribed by the State Highway Department for improved highways.

Section 16. Whenever the supervisors or commissioners of any township or county shall desire State State ald for aid for the purpose of maintenance of improved high- maintenance. ways, whether State highways improved under the provisions of this act or otherwise, it shall be the duty of said supervisors or commissioners to file with the State Highway Department, on or before the first day of April in each year, a sworn petition requesting such sworn petition. State aid, and setting forth the number of miles of highways improved according to the standards of the State Highway Department in said township, and the cost of the same to said township, together with the condition of said improved highways and the average annual cost of maintaining the same. The State Commissioner of Highways, if in his judgment the conditions warrant the co-operation of the State in maintaining said highways, shall apportion to said town- Apportionment to ship its proportion of the total amount available for the maintenance of improved highways, as hereinbefore provided, and the said amount shall be paid to the supervisors or commissioners of said township by war. rant of the State Highway Department; but in no case shall the amount thus given by the State for maintenance, be more than one-half the amount which, in the Limited to onejudgment and experience of the State Highway Com- cost. missioner, the annual cost of maintaining improved highways of the standard of construction prevailing in such township should be, nor more than one-half the sworn, average annual cost of maintenance, as set forth in the petition of the supervisors or commissioners of the said townships.

Section 17. All highways, or portions of highways, constructed or improved under the provisions of this act, shall thereafter be known as “State Highways," but, so far as the same may be within the limits of any township, shall be kept in repair, so that they may be maintained at the standard of condition prescribed for highways of their class by the State Highway De. partment, at the expense of said township; but the supervisors or coinmissioners of any township possessing improved highways may ask for and receive State aid for the maintenance of the same, as hereinbefore provided. It shall be the duty of the supervisors or coin. Duty of supervismissioners of every township in which said State Highways may lie, to maintain the same generally at a reasonable standard, prescribed for such roads by the State Highway Department.

Section 18. The word "highway,” as used in this act, shall be construed to include any existing causeway or strued. bridge, or any new causeway or bridge, or any drain

half of annual

"State Highways."

ors, etc.

"Highway" con

highway is within

State may bear a
portion of ex-
pense.
Limit of.

or water-course which may form a part of a road, and which might properly be built, according to existing laws, by the township or townships; but shall not include causeways or bridges which should properly be built by a county, or adjoining counties, or by the State.

Section 19. Where a portion of an important main highway, traversing one or more townships, and for the improvement of which according to the provisions

of this act application has been made by said township When portion of

or townships, shall lie within the limits of any bora borough.

ough or boroughs, and where the failure of said borough or boroughs to improve the said highway would leave a break or unimproved section in a continuous improved highway, it shall be lawful for the county

commissioners of the county in which said highway is Agreement with borough.

located, to enter into an agreement with said borough or boroughs to bear a portion of the expense of said improvement of the highway within the borough limits, in the same manner as is herein provided for co-operation between the counties and townships; and the State Highway Department may, if the State Highway Commissioner so recommends, bear a portion of the expense of said improvement of said highway within said borough limits, but in no case shall the portion of said expense to be borne by the State exceed one-third of the total expense of said improvement, and boroughs shall only receive aid from the State, as afore. said, in cases where failure to receive such aid would prevent a continuous improvement of an important main highway, provision for the rebuilding of which has been made in the township or townships adjoining said borough or boroughs. All improvements made in borough highways, as herein provided, shall be of a character similar to that specified for the town. ship or townships through which the highway to be

improved passes in reaching said borough and borPlans and specifi- oughs, and the plans and specifications for the work

shall be approved by the State Highway Department; Approval of work. and the completed work shall be approved by said de

partment before any warrant shall be issued for the

State's share in such improvement, as herein provided. Duty of borough

It shall be the duty of the proper officers of said borough or boroughs, charged with the maintenance of the streets and highways of said borough or boroughs, to keep and maintain said improved highway, within the borough limits, in a condition to conform to the standard established by the State Highway Depart

ment for the maintenance of similar highways. Commonwealth Section 20. The Commonwealth of Pennsylvania for damages. shall not be liable to any person or corporation for

damages arising from the rebuilding or improvement of any highway under this act, nor shall the State engage to keep such highway in repair after the same

Borough highways.

ofticers.

not to be liable

the State, etc.

Commissioner.

shall have been rebuilt or improved, except to extend
the aid in maintenance herein provided. In case any
person or persons, or corporations, shall sustain dam- Damages.
age by any change in grade, or by the taking of land to
alter the location of any highway which may be im-
proved under this act, and the county commissioners
and the parties so injured cannot agree on the amount
of damages sustained, such persons or corporations
may present their petition to the court of quarter Petition.
sessions for the appointment of viewers to ascertain Viewers.
and assess such damage; the proceedings upon which Proceedings.
said petition and by the viewers shall be governed by
the laws relating to the assessment of damages for
opening public highways, and such damages, when as-
certained, shall be paid by the respective counties, and
afterwards apportioned by the Commissioner of High-
ways, according to the provisions of section seven.

Section 21. In addition to his other duties, the State Highway Commissioner shall cause to be made and kept for the State Highway Department a general Highway plan of highway plan of the State, and compile statistics and collect information relative to the mileage, character and condition of the highways in the townships and counties of the State. He shall investigate and de. Duties of the termine upon the various methods of road construction best adapted to the various sections of the State; and establish standards for the construction and maintenance of highways in the various sections, taking into consideration the topography of the country, the natural conditions and the character and availability of road-building material, and the ability of the townships and counties to build and maintain roads under the provisions of this act. He may, at all reasonable He may be con

sulted by officers. times, be consulted by county, city, borough or town. ship officers having authority over highways and bridges, and shall, when requested, advise and give information to such officers re to the construction, repairing, alteration and maintenance of the said high. ways and bridges. He shall at all times lend his aid in promoting improvement throughout the State, and Promotion of imshall prepare and disseminate useful information rela. provement. tive to road building and improvement.

Section 22. County commissioners or county engi. Duty of county, neers of the several counties of this State, and the city, borough and officers of all cities, boroughs and townships in the State, who now have, or may hereafter have by law, authority over the public highways and bridges, shall, upon the written request of the State Highway Department, furnish said Department with any information relative to the mileage, cost of building, and maintenance, condition and character of the highways under their jurisdiction, and with any other needful information relating to the said highways.

township officers.

Construction of improved highways.

Selection of material for road.

$6.500.000 appropriated.

Section 23. All highways improved under the provi. sions of this act shall require the construction of a macadamized road, or a telford or other stone road, er a road constructed of gravel, cinder, oyster-shells, or other good materials, in such manner that the same, of whatever material constructed, will, with reasonable repairs thereto, at all seasons of the year be firm, smooth and convenient for travel. The county commissioners shall have the authority to select the kind of materials to be used in improving any road under the provisions of this act. Any difference of opinion that may arise between the county commissioners and the township road authorities, as to the kind of a road to be built, shall be decided by the State Highway Commissioner. The State Highway Commissioner shall furnish to the county commissioners and township road authorities information as to the probable cost of improved highways, as defined in this section.

Section 24. The sum of six millions fire hundred thousand dollars is hereby appropriated to carry out the provisions of this act during the next six years. Of this sum, an amount not to exceed five hundred thousand dollars shall be available in the first year after the passage of this act, not more than five hun. dred thousand dollars shall be available in the second vear, one million two hundred and fifty thousand dol. lars in each of the two next following years, and one million five hundred thousand dollars in each of the two years next following.

Section 25. All acts or parts of acts inconsistent herewith are hereby repealed: Provided, That the provisions of this act shall not be construed to repeal any of the provisions of the road acts approved June twenty-sixth, one thousand eight hundred and ninetyfive (Pamphlet laws, three hundred and thirty-six), and June twenty-three, one thousand eight hundred and ninety-seven (Pamphlet laws, one hundred and ninetyfour), and July ten, one thousand nine hundred one (Pamphlet laws, six hundred and thirty-six). Approved—The 15th day of April, A. D. 1903.

SAML. W. PENNYPACKER.

When available.

Repeal.

Proviso,

No. 142.

AN ACT

To prohibit the discharge of flobert rifles, air guns, spring guns,

in cities and boroughs of this Commonwealth. Section 1. Be it enacted, &c., That six months after the passage of this act it shall be unlawful for any

Flobert rifles, Air gung and spring gune.

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