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Costs and damages.

Assessments.

Costs of viewers, etc.

port.

filed within thirty days from the date of filing, the said report will be confirmed absolutely.

Section 4. The cost of the improvement, including the payment of damages sustained by the making of the improvements aforesaid, may be borne either in whole or in part by the borough, or the whole or in part by assessment upon the property benefited by such improvements, as said viewers may determine and the court approve; and in the latter case, the viewers appointed to assess damage, having first estimated and determined the same apart from benefits, shall also assess the said damage, or so much thereof as they may deem just and reasonable, upon the prop erties peculiarly benefited by the improvement, including in the said assessment all properties for which damages have been allowed, if in their judgment such properties will be benefited thereby, and shall report the same to the said court.

Section 5. The costs of the viewers and all court costs incurred in the proceedings aforesaid shall be defrayed by the said borough, and each of the said viewers shall be entitled to a sum of three dollars ($3.00) per day for every day necessarily employed in performance of the duties herein prescribed.

Section 6. Upon the report of said viewers or any two of them being filed in said court, any party may. Exceptions to re- within thirty days thereafter, file exceptions to the same; and the court shall have power to confirm said report, or to modify, change or otherwise correct the same, or change the assessments made therein, or refer the same back to the same or new viewers, with like power as to their report. Or within thirty days from the filing of any report in court, any party whose property is taken, injured or destroyed may appeal and demand a trial by jury; and any party interested in any assessment of damages or benefits may, within thirty days after final decree, have an appeal to the higher courts. The said court of common pleas shall have power to order what notices shall be given in connection with any of the said proceedings, and may make all such orders as it may deem requisite.

Appeal.

Jury trial.

Final assessment to be a lien.

Proviso.

Scire facias.

Section 7. The final assessments made on any prop erty or properties, to pay for the costs, expenses and damages, or either, of the improvements, under this act, shall be a lien for the amount of such assessment upon the properties so assessed, dating from the time of the final confirmation of the report under which said assessment was made, or the final decree of the court fixing such assessment, and shall, if filed within six months from said final assessment and confirmation. remain a lien upon said properties until fully paid and satisfied: Provided, That a writ of scire facias shall be issued to revive the same at the expiration of every period of five years after the lien is filed.

Section 8. Nothing in this act contained shall apply Application of act. to any creek, run or natural water way now or hereafter used by any borough or water company as a source of supply, in whole or in part, for water, unless such borough or water company shall consent and agree to the confining and paving or complete enclosure of such creek, run or natural water way.

Approved-The 10th day of July, A. D. 1901.

WILLIAM A. STONE.

No. 321.

AN ACT

To enlarge the jurisdiction of the courts of common pleas of the several counties of this Commonwealth.

Proviso.

Section 1. Be it enacted, &c., That the courts of com-
mon pleas of the several counties of this Common-
wealth are hereby clothed with jurisdiction in all cases Jurisdiction.
in which the Commonwealth is a party: Provided,
That nothing in this act shall be construed to apply
to tax cases to which the Commonwealth is a party.
Section 2. All acts or parts of acts inconsistent with
this act are hereby repealed.

Approved-The 10th day of July, A. D. 1901.
WILLIAM A. STONE.

Repeal.

No. 322.

AN ACT

Authorizing the grading, paving and curbing or macadamizing of streets and alleys, which may be in whole or in part the boundaries of boroughs and first class townships, by joint contract, and providing for the payment of costs, damages and expenses thereof.

Section 1. Be it enacted, &c., That adjoining boroughs and first class townships of this Commonwealth shall have power to grade, pave and curb or macadamize, and to enter into agreements with each other for the grading, paving and curbing or macadamizing of, by joint contract, streets and alleys which may be in Joint contract. whole or in part of the boundaries between such municipalities; and to provide in such contract that the damages, costs and expenses of said improvements

Petitions.

Affidavit.

Borough damages, costs and expenses.

Proviso.

Township damages, costs, etc.

Repeal.

shall be divided between such municipalities in the proportion and manner agreed upon.

Section 2. In grading, paving and curbing or macadamizing any street or alley, under the provisions of this act, which may be in whole or in part in the boundaries as aforesaid, boroughs shall exercise the power herein conferred, upon petition of the councils by a majority of the property owners in interest and number, abutting the portion of the line of the proposed improvement within the borough limits, to be verified by the affidavit of one or more of the parties to said petition (a majority in interest of owners, or undivided interests in any piece of property, to be deemed and treated as one person for the purposes of petition) asking that such improvement be made; and the portion of the damages, costs and expenses agreed to be paid by any borough shall be ascertained, and the benefits incident thereto shall be assessed and collected, in manner now provided by law for the payment of costs, damages and expenses of public improvements within municipal corporations in this Commonwealth: Provided, That boroughs may agree to pay any part of the costs, damages and expenses of such improvements out of the general funds.

Section 3. The portion of the damages, costs and expenses, when any street or alley which may be in whole or part the boundary between a borough and first class township is improved by contract under the provisions of this act, agreed to be paid by any first class township, shall be ascertained in like manner and by the same viewers appointed to ascertain the borough's share, but shall be paid out of the general funds of such township.

All acts and parts of acts of Assembly of this Commonwealth in conflict herewith be and the same are hereby repealed.

Approved-The 10th day of July, A. D. 1901.

WILLIAM A. STONE.

No. 323.

AN ACT

To prohibit the sale and furnishing of tobacco to persons under the age of sixteen years.

Section 1. Be it enacted, &c., That no person or persons shall sell tobacco, in any form, to any person under the age of sixteen years.

Section 2. That no person or persons shall, by purchase, gift or other means, furnish tobacco, in any form, to a person under the age of sixteen years.

Sale of or fur

nishing of to

bacco to persons

under 16 years.

Misdemeanor.

Section 3. Any person violating the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be sentenced to pay a fine not exceed Fine and penalty. ing one hundred dollars, or to undergo confinement in the county jail for a period not exceeding thirty days, or both, as the court may determine.

Section 4. All acts or parts of acts inconsistent here

with be and the same are hereby repealed.

Approved-The 10th day of July, A. D. 1901.

WILLIAM A. STONE.

Repeal.

No. 324.

AN ACT

Authorizing banks chartered under the laws of the Commonwealth of Pennsylvania to loan money on the security of bonds and mortgages on real estate, and to invest their funds in bonds, mortgages, notes and other interest bearing securities and obligations.

and mortgage, etc.

Section 1. Be it enacted, &c., That banks chartered under the provisions of the laws of the Commonwealth of Pennsylvania be and they are hereby authorized to loan money on the security of bonds and mortgages, Loans on bond on unincumbered real estate situated in this State, not in excess of their time deposits, and to invest their funds, not exceeding twenty-five per centum of their capital stock, surplus and undivided profits, in the purchase of such mortgages; and may also purchase, for investment, any interest bearing bonds or other obligations of any corporation or individual.

Section 2. All acts and parts of acts inconsistent herewith are hereby repealed.

Approved-The 10th day of July, A. D. 1901.

WILLIAM A. STONE.

Repeal.

No. 325.

AN ACT

To regulate and define the legal relations of an illegitimate child, or children, its or their heirs, with each other and the mother and her heirs.

Section 1. Be it enacted, &c., That illegitimate children shall take and be known by the name of their mother, and the common law doctrine of nullius filius shall not apply as between the mother and her illegiti

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it.

mate child or children. But the mother and her heirs, and her illegitimate child and its heirs, shall be mu tually liable one to the other, and shall enjoy all the rights and privileges one to the other, in the same manner and to the same extent, as if the said child or children had been born in lawful wedlock.

Section 2. The mother of an illegitimate child, her heirs and legal representatives, and said illegitimate child or children, its or their heirs and legal represen Capacity to inher- tatives, shall have capacity to take or inherit from or through each other personal estate, as next of kin, and real estate as heirs in fee simple, or otherwise, under the intestate laws of this Commonwealth, in the same manner and to the same extent, subject to the distinction of half-bloods, as if said child or children had been born in lawful wedlock.

Half-blood.

Intent of this act.

June 10, 1901, cited for repeal.

Section 3. Each illegitimate child shall be considered as of the half-blood to each and every other child of said mother, legitimate or illegitimate, notwithstanding any repute or conviction as to who may be the father of such illegitimate child or children, save and except where the said child or children shall be legitimated as to their father by subsequent marriage, under existing laws.

Section 4. The intent of this act is to legitimate an illegitimate child and its heirs, as to its mother and her heirs; but is not intended to change the existing law with regard to the father of such child, or their respective heirs and legal representatives.

Section 5. That so much of the first section of an Portion of act of act, entitled "An act to allow legitimate and illegitimate children, born from the same mother, dying without children, to inherit real and personal property from each other, in exclusion to the grandmother of the illegitimate child or children, as though they had been born in lawful wedlock," which reads as follows: "This act shall apply to all cases now pending, where the estate of such illegitimate or legitimate, or either mother or grandmother, has not been actually paid to and received by collateral heirs or relatives, or the Commonwealth, as well as to all such cases happening after the passage of this act," approved the tenth day of June, Anno Domini one thousand nine hundred and one, be and the same is hereby repealed, and all other acts or parts of acts, general or special, inconsistent herewith, be and the same are hereby repealed.

Repeal.

Approved-The 10th day of July, A. D. 1901.

WILLIAM A. STONE.

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