jail of the county in which the offense was committed, Anes. Section 6. All moneys collected as a penalty in ac- Disposition of cordance with section five of this act, shall be paid to the supervisors of roads or boards of supervisors of roads, and form part of the road fund of the township in which the offense was committed. kept. Section 7. It shall be the duty of the supervisor of Record to be roads or the boards of supervisors of roads to keep a permanent record, in a book especially prepared for that purpose, and which book shall be the property of the township, of all trees upon which the said abatement, as hereinbefore mentioned, has been granted; and when any tree or trees have been removed, with or without the consent of the supervisors of roads or boards of supervisors of roads, the date thereof shall be distinctly entered in the said book. Section 8. The act approved the second day of May, Repeal, Anno Domini one thousand eight hundred and seventynine, entitled "An act to encourage the planting of trees along the roadsides in this Commonwealth," is hereby repealed. Approved-The 2d day of July, A. D. 1901. WILLIAM A. STONE. No. 307. AN ACT To amend an act, entitled "An act to provide for the improvement of the main traveled public roads," approved May second, one thousand eight hundred and ninety-nine; changing the time said act should be in operation, and imposing a penalty in case of neglect or refusal of supervisors or road commissioners to carry out the provisions of said act. Section 1. Be it enacted, &c., That section one of an act, entitled "An act to provide for the improvement of the main traveled roads," which reads as follows: "From and after the passage of this act, the township supervisors and road commissioners of the several townships within this Commonwealth shall, annually, on the first Monday of April, enter into a contract with one or more taxpayers to remove and take away the Section 1 of the 1899. cited for act of May 2, amendment. Township officers shall provide for stones. loose stones from the main traveled highways in such township, at least once a month, during the months of April, May, June, July, August, September, and October of each year," be and the same is hereby amended to read as follows: That from and after the passage of this act, the removal of loose township supervisors and road commissioners of the several townships within this Commonwealth shall, by contract or otherwise, remove and take away the loose stones from the traveled roads or highways in such township, at least once each month, during the months of May, June, August and October, in each year. Penalty in case of neglect or refusal. Section 2. In case of neglect or refusal of the supervisors or roads commissioners to carry out the provisions of the first section of this act, shall forfeit and pay for every such offense, neglect or refusal a fine or penalty not exceeding ten dollars, to be recovered by action of debt, in the name of the Commonwealth, before any justice of the peace or alderman of the county, with costs of suit. One-half of such fine to go to the informer or prosecutor, and the other onehalf to be applied to repairing the roads or highways of the township. Approved-The 2d day of July, A. D. 1901. WILLIAM A. STONE. Hunting and trapping of game on inclosed or cultivated lands. No. 308. AN ACT Making it willful trespass to hunt, trap and take game birds or game animals upon cultivated lands, and providing for the punishment of such trespass. Section 1. Be it enacted, &c., That on and after the passage of this act, any person or persons trespassing on any cultivated lands in this Commonwealth, for the purpose of hunting and trapping and taking there birds and animals from any game birds or game animals, after public notice by the owner, lessee or occupant thereof, such notice to be posted on, and adjacent to such cultivated lands, shall be guilty of wilful trespass, and in addition to the damages recoverable by law shall be liable to the owner, lessee or occupant in a penalty not exceeding five dollars for each and every such offense. Trespass. Fine. ant. Section 2. Any justice of the peace or alderman, upon information or complaint made before him, by affidavit, of the violation of the provisions of this act by any person or persons, is hereby authorized and directed to issue his warrant, under his hand and seal, directed to any constable or warden of the county, to cause such person or persons to be arrested and brought before said justice or alderman, who shall hear Hearing. and determine the guilt or innocence of the person or persons so charged; and if convicted of such wilful trespass, shall be sentenced, by such justice or alderman to pay a penalty, not exceeding five dollars, together with costs, one-half of such penalty shall be paid to the owner, lessee or occupant of said land and Fine. the remaining half to the school district of the city, borough or township wherein such offense was committed; and if the person or persons, so convicted and sentenced, shall neglect or refuse to pay such penalty and costs, or secure the payment thereof within ten days, he or they shall be committed to the common jail of the proper county, for a period not exceeding three months. Penalty. Section 3. If any person or persons, convicted and sentenced under the provisions of this act, shall feel aggrieved thereby, he or they may appeal to the court of Appeal. quarter sessions of the peace for the county in which the offense was committed, by entering into recogniz ance, with sureties to be approved by the justice or alderman, to appear before said court; which court shall hear the evidence and determine the guilt or innocence of the person or persons so charged, and on Trial. conviction of the defendant or defendants charged and a failure to pay such penalty and costs imposed by the act, shall commit said defendant or defendants to the common jail of the county, for a period not exceeding three months. Approved-The 9th day of July, A. D. 1901. WILLIAM A. STONE. No. 309. AN ACT To amend section two of an act, entitled "An act to amend an act, entitled 'An act to authorize the election of assessors for three years in the several boroughs of this Commonwealth,' approved the eighth day of May, Anno Domini one thousand eight hundred and eighty-nine; regulating the duty of the assessors, and providing that in making the valuation of the property the assessor of all the wards shall act as a board of assessors. Section 1. Be it enacted, &c., That section two of an act, entitled "An act to amend an act, entitled an act to authorize the election of assessors for three years in the several boroughs of this Commonwealth," approved the eighth day of May, Anno Domini one Section 2 of act of May 8, 1889, cited for amendment. Duties of assessors. Proviso. Board of assessors. thousand eight hundred and eighty-nine (1889), which reads as follows:. "Section 2. That section three of the said act, which is as follows: 'Section 3. The assessors elected pursuant to the provisions of this act shall perform all the duties of assessors under the laws of this Commonwealth, as well as those relating to elections, as to valuation of property, and shall make the triennial assessment in the last year of their term of office,' be and hereby is amended so as to read as follows: The assessors elected pursuant to the provisions of this act shall perform all the duties of assessors under the laws of this Commonwealth, as well as those relating to elections, as to the valuation of property," be and is hereby amended to read as follows: The assessors elected pursuant to the provisions of this act shall perform all the duties of assessors under the laws of this Commonwealth, as well as those relating to elections, as to the valuation of property, and shall make the triennial assessment in the last year of their term of office, be and hereby is amended so as to read as follows: The assessors elected pursuant to the provisions of this act shall perform all the duties of assessors under the laws of this Commonwealth, as well as those related to elections, as to the valuation of property: Provided, That in making the valuation of property the assessors of all the wards shall act as a board of assessors, and such board of assessors shall make the assessments of all the subjects of taxation in the borough, for borough, school, district and county purposes, and return thereof shall be made to the county commissioners, as now provided by law, subject to revis ion by the county commissioners, as now provided by law. Approved-The 9th day of July, A. D. 1901. Writs of sum mons, attach No. 310. AN ACT Relating to the service of certain process in actions at law, and the effect thereof, and providing who shall be made parties to certain writs. Section 1. Be it enacted, &c., That: First. The writ of summons, the writ of attachment ment in execution, in execution, and the writ of scire facias in personal and of scire fa clas. Individual. actions, may be served by the sheriff of the county wherein it is issued upon an individual, defendant or garnishee, in any one of the following methods: (a) By handing a true and attested copy thereof to him personally; or, (b) By handing a true and attested copy thereof to an adult member of his family, at his dwelling house; or, (c) By handing a true and attested copy thereof, at his place of residence, to an adult member of the family with which he resides; or, (d) By handing a true and attested copy thereof, at his place of residence, to the manager or clerk of the hotel, inn, apartment-house, boarding-house, or other place of lodging at which he resides; or, (e) By handing a true and attested copy thereof, at his place of business, to his agent, partner, or the person for the time being in charge thereof, if upon inquiry thereat his residence in the county is not ascertained, or if for any cause an attempt to serve at his residence has failed. Provided, That two returns of nihil habet shall be Provise. equivalent to personal service, in writs of scire facias to revive judgments entered in personal actions. Second. The writ of summons, the writ of attachment in execution, and the writ of scire facias in personal actions, may be served by the sheriff upon a corporation, a partnership limited, or a joint-stock company, in the county wherein it is issued, in any one of the following methods: (a) By handing a true and attested copy thereof to the president, secretary, treasurer, cashier, chief clerk, or other executive officer, personally; or, (b) By handing a true and attested copy thereof to an adult member of the family of any one of said officers, at his dwelling-house; or, (c) By handing a true and attested copy thereof, at bis place of residence, to an adult member of the family of the person with whom any of said officers resides; or, (d) By handing a true and attested copy thereof, at his place of residence, to the manager or clerk of the hotel, inn, apartment-house, boarding-house, or other place of lodging where any of said officers resides; or, (e) By handing a true and attested copy thereof, at any of its offices, depots or places of business, to its agents or person for the time being in charge thereof, if upon inquiry thereat the residence of one of said officers within the county is not ascertained, or if from any cause an attempt to serve at the residence given has failed; or, (f) If the corporation, partnership limited, or jointstock company has no office or place of business in aetual operation in the county where the cause of action arose, then service may be made in such county upon any member of its Board of Directors, in any of the methods set forth in clauses (a), (b), (c), or (d) hereof; or, Upon a corpora tion, a partner ship limited or a joint-stock company. Service. |