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No. 53.

AN ACT

Providing for the addition of five per centum of the amount of all taxes for which seated lands are returned, for non-payment of taxes thereto, and for the recovery and payment thereof to the collector of taxes or other person making such return.

Section 1. Be it enacted, &c., That from and after the passage of this act, when seated lands shall be returned for non-payment of taxes the collector of taxes or other person making such return shall add to the amount of each item of tax, for which the same is returned, five per centum thereof, which shall be recovered or collected along with said taxes, as the same are now recovered or collected by law, and when so recovered and collected the said five per centum shall be paid to the collector of taxes or other person making such return.

Approved-The 19th day of April, A. D. 1901

WILLIAM A. STONE.

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No. 54.

AN ACT

To amend section thirteen of an act, entitled "An act to provide for the erection of a poorhouse, and for the support of the poor in the several counties of the Commonwealth," approved the eighth day of May, Anno Domini one thousand eight hundred and seventy-six, relating to the settlement of existing claims and the deposit of the surplus money remaining in the hands of the overseers of the poor, together with the taxes levied for the support of the poor.

Section 1. Be it enacted, &c., That the thirteenth section of an act, entitled "An act to provide for the erection of a poorhouse, and for the support of the poor in the several counties of the Commonwealth," approved the eighth day of May, Anno Domini one thousand eight hundred and seventy-six, which reads as follows:

"Section 13. That all claims and demands existing at the time of this act being carried into effect shall have full force and effect, as fully as if this act had been passed, and when the same may have been fully adjusted and settled, all moneys remaining in the hands of the overseers, as well as the uncollected taxes levied for the support of the poor in the several districts in said county, shall be paid over to the supervisors of the highways of said county to be by 6 Laws.

section 13 of the act of May 8, amendment.

1876, cited for

Existing claims and demands.

be paid to road supervisors.

Surplus moneys to

them added to the road fund and applied as road tax is by law applied in said county," be and is hereby amended so that the same shall read as follows:

Section 13. That all claims and demands existing at the time of this act being carried into effect shall have as full force and effect as if this act had not

been passed, and when the same may have been fully adjusted and settled all moneys remaining in the hands of the overseers, as well as the uncollected taxes levied for the support of the poor in the several Surplus moneys to districts in said county, shall be paid over to the su pervisors of the highways of said county, to be by them added to the road fund and applied as the road tax is applied by law in said county. All moneys rebe paid to the remaining in the hands of, or subject to the order of, the overseers of the poor of any borough in said county, as well as uncollected taxes levied by them for the support of the poor, when collected, shall be paid over to the officer authorized to receive the borough taxes of said borough, to be by him added to the borough fund and applied as the borough tax of said borough in said county is by law applied.

taxes.

Approved-The 19th day of April, A. D. 1901.
WILLIAM A. STONE.

Purchase by municipalities of drainage corporation's property.

No. 55.

AN ACT

Making it lawful for any municipality, in which a corporation, created and existing under and by virtue of the laws of this Commonwealth, have constructed and are maintaining, or may hereafter construct and maintain, sewers, culverts, conduits and pipes, with the necessary inlets and appliances, for surface, under surface and sewage drainage, to become the owner of such sewers, culverts, conduits and pipes, with the necessary inlets and appliances aforesaid; providing the amount to be paid for the same, and the manner of ascertaining such amount in case of disagreement between the municipality and the corporation owning the same.

Section 1. Be it enacted, &c., That from and after the passage of this act, it shall be lawful for any mu nicipality, in which any corporation, created and existing under and by virtue of the laws of this Commonwealth, have constructed and are maintaining, or may hereafter construct and maintain, sewers, culverts, conduits and pipes, with the necessary inlets and appliances, for surface, under surface and sewage drainage, to become the owners of such sewers, culverts, conduits and pipes, with the necessary inlets and appliances, for surface, under surface and sewage

drainage, and the property of such company, by pay

Actual value of

ing therefor the actual value of the same at the time same. of taking by the municipality.

taining amount

Section 2. In case of disagreement as to the amount Manner of ascerto be paid, the same shall be ascertained in the same to be paid. manner as damages are now ascertained for private property taken, injured or destroyed by reason of municipal improvements, under the act of the General Assembly of the Commonwealth of Pennsylvania, approved sixteen May, one thousand eight hundred and ninety-one (Pamphlet Laws, 75), entitled "An act in relation to the laying out, opening, widening, straightening, extending or vacating streets and alleys, and the construction of bridges in the several municipalities of this Commonwealth, and grading, paving, macadamizing or otherwise improving streets and alleys, providing for ascertaining the damages to private property resulting therefrom, the assessment of the damages, costs and expenses thereof upon the property benefited, and the construction of sewers and payment of damages, costs and expenses thereof, including damages to private property resulting therefrom."

Approved-The 19th day of April, A. D. 1901.
WILLIAM A. STONE.

No. 56.

AN ACT

To authorize the several courts of this Commonwealth, in any proceedings at law or in equity in which a conveyance of lands or tenements shall be ordered, and the party who is ordered to execute the same shall neglect or refuse to do so, or die, flee the jurisdiction, or become insane without having complied with said order, to direct that such conveyance be executed with the same effect by the sheriff, prothonotary, clerk, or trustee specially appointed for that purpose.

Section 1. Be it enacted, &c., That in any proceedings at law or in equity, in any of the courts of this Commonwealth having jurisdiction, if the said court shall order a conveyance to be executed by either of the parties to the said proceeding of his or her interest in any lands or tenements to any other party or person, and the party so ordered shall neglect or refuse to comply with the said order and make the said conveyance, or shall die, flee the jurisdiction, or become insane without having complied therewith, it The Court may shall be lawful for the said court to order and direct by whom conveythat such conveyance be made by the sheriff, prothonotary or clerk, or by a trustee specially appointed for that purpose; and the said conveyance having been

order and direct

ance shall be

made.

Proviso.

Proviso.

Application of

act.

duly executed by the said sheriff, prothonotary, clerk or trustee, and acknowledged in open court, shall be good and effective to convey the interest of the recusant, neglecting, deceased, persons fleeing the jurisdiction, or insane party, to the extent ordered by the court, the same as if it had been duly executed and delivered by such party personally: Provided, That this shall not prevent the said court from punishing the contempt of the said party by fine and imprisonment, if deemed necessary: Provided further, That no such order shall be made, in case of the decease of such party, until notice shall have been given to his or her heirs and legal representatives, by process duly served, if resident within the Commonwealth, or, if not, by publication and copy mailed to the last known address of the same, according as the court shall order and direct.

Section 2. This act shall apply to any proceeding in which the court shall have heretofore ordered such conveyance to be executed, as well as to any in which it shall hereafter be ordered.

Approved-The 19th day of April, A. D. 1901
WILLIAM A. STONE.

Act of July 15, 1897, cited for amendment.

No. 57.

AN ACT

To amend an act, entitled "An act relative to costs in suits before magistrates, aldermen and justices of the peace, and for the return of the same to the plaintiff in case of appeal by defendant," approved the fifteenth day of July, Anno Domini one thousand eight hundred and ninety-seven; providing that when the defendant shall give good and suficient bail absolute for the payment of debt, interest and costs, cn the affirmance of the judgment, the defendant shall be required to pay only the costs of the appeal, and the paynient or return to the plaintiff of the costs paid by him shall await the final determination of the suit.

Section 1. Be it enacted, &c., That an act, entitled "An act relative to costs in suits before magistrates, aldermen and justices of the peace, and for the return of the same to the plaintiff in case of appeal by defendant," approved the fifteenth day of July, Anno Domini one thousand eight hundred and ninety-seven, which reads as follows:

"That from and after the passage of this act it shall be the duty of every magistrate, alderman and justice of the peace, upon an appeal being taken by the defendant in any case, to return to the plaintiff therein all costs paid by him," be amended so as to read as follows:

Ball for debt, in

That from and after the passage of this act it shall be the duty of every magistrate, alderman and justice of the peace, upon an appeal being taken by the defendant in any case, to return to the plaintiff therein all costs paid by him, unless such defendant shall give and enter good and sufficient bail, absolute, for the pay- terest and costs. ment of debt, interest and costs, on affirmance of the judgment; in which case the defendant shall be required to pay only the costs of the appeal, and the payment or return to the plaintiff therein of all costs paid by him shall await the final determination of the suit, and it the judgment be affirmed the same shall be paid by the defendant or the surety to the plaintiff.

Approved-The 19th day of April, A. D. 1901.
WILLIAM A. STONE.

No. 58.

AN ACT

To repeal so much of section one of an act, entitled "An act supplementary to and relating to the borough of West Elizabeth, in Allegheny county," approved the fourth day of April, Anno Domini one thousand eight hundred and seventy, as requires the borough election to be held at the public school house in said borough.

Section 1. Be it enacted, &c., That so much of sec-
tion one of the act of the General Assembly, entitled
"An act supplementary and relating to the borough of Repeal.
West Elizabeth, in the county of Allegheny," approved
the fourth day of April, Anno Domini one thousand
eight hundred and seventy, as requires that the elec-
tion of borough officers in said borough shall be held
at the public school house, be and the same is hereby
repealed.

Approved-The 19th day of April, A. D. 1901.
WILLIAM A. STONE.

No. 59.

AN ACT

To amend the first section of an act, entitled "An act to prohibit the adulteration or coloring of milk or cream by the addition of so called preservatives or coloring matter, and to provide for the enforcement of the same," approved the tenth day of June, Anno Domini one thousand eight hundred and ninety-seven.

Section 1. Be it enacted, &c., That the first section of the act, entitled "An act to prohibit the adulteration or coloring of milk or cream by the addition of

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