! I fis; 'mim liiiiiiL. UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY THE LAW OF TOWNSHIPS AND THE RIGHTS AND DUTIES OF Township Officers IN PENNSYLVANIA BY WILLIAM TRICKETT, LL. D., Dean of the Dickinson School of Law, Author of the Law of Boroughs, the Law of Roads and Streets, etc., etc. PHILADELPHIA T. & J. W. JOHNSON & CO. 1905 COPYRIGHT, 1905. BY T. & J. W. JOHNSON & CO. TO Prof. Sylvester B. Sadler, A. M., LL. B., A learned lawyer, an acute thinker and my very DEAR friend, I RESPECTFULLY DEDICATE THIS VOLUME. PREFACE. This book attempts, for the first time, possibly, to collate the law with respect to townships in Pennsylvania. It treats of the classification of townships by the Acts of April 28th, 1899, and of May nth, 1901, and of the legislation pertaining to each class; of supervisors, their duties with respect to roads and bridges, and their contractual power; of the formation and division of townships, school districts and election districts ; of the liabilty of townships upon contracts and for torts, and of various other topics. The inclusion of a list of the local acts affecting townships has also seemed advisable. Wm. Trickett. Carlisle, December, 1904. TABLE OF CONTENTS. CHAPTER I. ERECTION OF TOWNSHIPS. PAGE I. SECTION SECTION 1. Legislative establishment. 6. The view. 2. Judicial establishments. 7. The return. 3. The petition.' 8. The map. 4. The commissioners. 9. Exceptions. 5. The order. 10. Review. CHAPTER n. ERECTION OF TOWNSHIPS. CONTINUED. PAGE 13. SECTION SECTION 11. Election. 15. Ascertaining boundaries. 12. In case of division. 16. Adjusting river boundary. 13. In erection of new township. 17. Altering lines. 14. Division by new county line. CHAPTER HI. ADJUSTMENT OF INDEBTEDNESS. PAGE 22. SECTION SECTION 18. Where townships are divided. 23. Annexation to cities of third 19. Where a borough erected from. class. 20. Where borough limits are 24. Where new township caused by changed. new county line. 21. Where township annexed to 25. Where boundary altered. city of the second class. 26. Effect of division of township. Where township annexed to city. Vll Vlll TABLE OF CONTENTS. CHAPTER IV. CLASSES OF TOWNSHIPS. PAGE 32. SECTION 27. Classification of townships. 28. Method of determining the class. 29. Constitutionality of classifica- tion. 30. Effect of classification. CHAPTER V. SCHOOL DISTRICTS. PAGE ZT- SECTION Formation. Independent school districts. The petition. Commissioners. The return. Costs. 37. When new district recognized. 38. Abolition of independent dis- tricts. 39. Annexation to district. Annulling of annexation. Formation of new district by creation of borough. Adjustment when new district formed. 43. Adjustment continued. 31- 32. Z2>- 34- 35- 36. 40. 41- 42. 44. 45- 46. 47- 49. Adjustment continued. Adjustment where lines altered or independent district abol- ished. Adjustment where lines of bor- ough altered. Adjustment where any district is enlarged. Adjustment where borough erected from township is merged into one or more boroughs, and ceases to ex- ist. Classification of school dis- trict. CHAPTER VI. ELECTION DISTRICTS. SECTION 50. Formation, 51. Petition. 52. Review. 53. Effect of division. PAGE 57. SECTION 54. Consolidation of election dis- tricts. 55. Change of polling places. TABLE OF CONTENTS. IX CHAPTER VII. POOR DISTRICTS. PAGE 66. SECTION SECTION 56. Overseers of poor. 59. Expenditures. 57. County poor districts. 60. Completion of poor houses. 58. Poor houses. 61. Boards of Directors. CHAPTER VIIL TOWNSHIP OFFICERS — ASSESSORS. PAGE 70. SECTION SECTION 62. Township officers. 70. Notice of assessment. 63. Fining of vacancies. 71. Appeals. 64. Assessors. 72. Reassessments. 65. Assistant assessors. 7Z- Penalty for neglect. 66. Oath. 74. Other duties. 67. Duties. 75- Vacancy. 68. Manner and place of assess- 76. Compensation. ment. 77- School assessors. 69. Where assessed. CHAPTER IX. TOWNSHIP TREASURER. PAGE 82. SECTION SECTION 78. In townships of the first class. 80. Bond. 79. In townships of the second 81. Duties. class. 82. Vacancy. CHAPTER X. TOWNSHIP COMMISSIONERS AND SUPERVISORS. PAGE 87. SECTION SECTION 83. Townships of the first class ; 87. Qualification. commissioners. 88. Bond. 84. Meeting of the bctard. 89. Refusal to serve. 85. Townships of the second class ; 90. Duties. supervisors. 91. Compensation. 86. Filling of vacancies. X TABLE OF CONTENTS. CHAPTER XI. TAX COLLECTOR. PAGE 97. 92. In townships of the first class. 93. In townships of the second class. 94. Election. 95. Oath and bond. 96. Duties. 97. Collection of taxes. 98. Responsibility of collectors. 99. Compensation. 100. Assistant collectors. CHAPTER Xn. Id. In townships of the first class. TOWN CLERK • PAGE 109. SECTION first 102. 103. In townships class. Duties. of the second CHAPTER Xni. TOWNSHIP AUDITORS. PAGE III. 104. Auditors in townships of the first class. 105. Township auditors. 106. Meetings. 107. General duties. 108. Duties as to accounts. 109. Presentation of claims. no. Efifect of settlement. 111. Conclusiveness. 112. Report of auditor. 113. Appeal. 114. Recognizance. 115. Power of court to modify. 1x6. Costs. 117. Compensation. 118. Vacancies. 119. Duties as to fences. 120. Duties of the viewers. 121. Penalty for neglect of duty. 122. Compensation. CHAPTER XIV. SECTION 123. Fire wardens. 124. Free commissioners. 125. Board of health. OTHER OFFICERS. PAGE 124. SECTION 126. Constables. 127. Qualifications. 128. Filling of vacancies. TABLE OF CONTENTS. XI 129. Duties. 130. Justices of the Peace. 131. Election. 132. Term. 133. Acceptance of office. 134. Filling of vacancies. SECTION 135. Contested elections. 136. Removal of justices. 137. Bond. 138. Duties. 139. Election officers. CHAPTER XV. 140. Power to contract. 141. Interests in contracts. 142 Contracts for road work. 143. Opening roads. CONTRACTS. PAGE 137. SECTION 144. Bridges. 145- Water troughs, 146. Bounties. CHAPTER XVI. SECTION 147. Fire protection. 148. Police protection. 149. Lock-ups. 150. License fees. 151. Fines and penalties. POWERS. PAGE 146. SECTION 152. Sewerage. 153. Drainage. 154. Nuisance. 155. Eminent domain. CHAPTER XVII. FRANCHISES. PAGE 159 SECTION 156. Street railways. 157. Telephone and telegraph com- panies. 158. Natural gas companies. 159. Oil and pipe line companies. 160. Gas light and heat companies. 161. Water companies. Xll TABLE OF CONTENTS. CHAPTER XVIII. EXPENDITURES. PAGE 164. SECTION 162. Subscriptions. 163. Appropriation of money or credit. 164. Erecting buildings. 165. Disbursements. 166. Indebtedness. 167. Limitation on the power to contract debts. 168. Act of April 20th, I874. 169. Act of April 20th, 1874, con- tinued. 170. Act of April 20th, 1874, con- tinued. 171. Act of April 20th, 1874, con- tinued. 172. Exchanging securities. 173. Statement of indebtedness. 174. Ratifying increases. CHAPTER XIX. TAXATION. PAGE 178. SECTION SECTION 175. Assessment of tax. 182. 176. Basis of levy. 183. 177. Special taxes under the Act 184. of 1835. 185. 178. Special tax under the Act of 185a 1864. 186. 179. Road taxes. 187. 180. Cash road tax. 188. 181. Rebates. (a) Rebate for planting trees. 189. (&) Rebate for forests. Making roads or bridges. Contract with petitioners. General road system tax. Liquor license fees. . Income from forests. Dog tax. Exonerations. Penalty for non-payment taxes. Returns. of CHAPTER XX. ROADS. PAGE 195. SECTION 190. In townships of the first class. 191. In townships under special acts. 192. Notice to supervisors. 193. Notice to auditors. 194. Issuance of order to open. 195. Duty to open. 196. Location of the route. 197. Effect of location. 198. Damages. TABLE OF CONTENTS. Xlll CHAPTER XXI. ROADS. CONTINUED. PAGE 207. SECTION SECTION 199. Cost of opening. 208. 200. Roads on township lines. 209. 201. Roads on State line. 210. 202. Grading roads. 211. 203. Widening roads. 212. 204. Widening roads between cities 213. and boroughs. 205. Repairs by contract. 214. 206. Road machinery. 215. 207. Drains. Guard walk. Removing stones. Snow drifts. Index boards. Obstructing highways. Obstruction of crossings by railroad companies. Extortion by workmen. Operation of machinery on highways. CHAPTER XXn. ROADS. CONTINUED. PAGE 218. 216. Vacation of roads. 217. State roads. 218. State roads, continued. 219. State roads, continued. 220. Maintenance. 221. Turnpikes. 222. Sidewalks. 223. Sidewalks in townships of the first class. 224. Sidepaths. 225. Water troughs. CHAPTER XXni. SECTION 226. Duty as to bridges. 227. Cost of bridge. 228. Bridges on boundaries. 229. Bridges on county lines. 230. Approaches. 231. Repairs. 232. Alterations in county bridges. BRIDGES. PAGE 231. SECTION 233- Rebuilding bridges. 234- Abandoned bridges. and destroy€ :d 235- Bridges over railroads. 236. Notices on bridges. 237- Penal provisions. XIV TABLE OF CONTENTS. CHAPTER XXIV. ACTIONS BY AND AGAINST TOWNSHIPS. PAGE 242. SECTION SECTION 238. Power to sue. 242. Mandamus. 239. Actions against townships. 243. Mandamus, continued. 240. Actions by supervisors. 244. Mandamus, continued. 241. Intervention of taxpayers. 245. Execution. CHAPTER XXV. NEGLIGENCE. PAGE 251. SECTION 246. Liability of township for neg- ligence. 247. Liability, continued. 248. Guards. 249. Bridges. 250. Liability where third parties are negligent. 251. Evidence of negligence. 252. Sidewalks. 253. Notice. CHAPTER XXVI. SECTION 254. Injury the natural conse- quence. 255. Contributory negligence. 256. Contributory negligence, con- tinued. 257. Imputation of contributory negligence. NEGLIGENCE. CONTINUED. PAGE 263. SECTION 258. Jurisdiction of actions for negligence. 259. Parties to actions. 260. Damages. 261. Functions of court and jury. CHAPTER XXVII. ACT OF 1903 CREATING THE STATE HIGHWAY DEPARTMENT. PAGE 273. SECTION 262. State Highway Department. Commissioner. Assistant Commissioner. Offices. Records of Depart- ment. Report to the Gov- ernor. 264. Petition of County Commis- 263. sioners. Plans, etc. Exam- ination. Commissioner to Prepare Plans, etc. Report to County Commissioners and to Supervisors. Con- tract with County and Township Apportionment TABLE OF CONTENTS. XV SECTION of Cost. Proviso. Appor- tionment of State Aid. Pro- viso. Roads Constructed Under Provisions of Act of June 26, 1895. Proviso. If Appropriation is not Ap- plied for Within Two Years. Proviso. Apportion- ment of a Larger Sum. Pro- viso. Agreement Between County and Townships. Proviso. Sworn Statement of Miles of Road. 265. Highways Shall Conform to Standard. Minimum Length and Width of Improved Section. General System of Highway Improvement. 266. All Work Shall be Done by Contract. Bids and Option. Contractor's Bond. 267. Townships May Bid and Con- tract. 268. Apportionment of Total Ex- pense. Commissioner to Cer- tify to Total Expense to County Commissioners, etc. 269. Payment of the State's Share. Payment of the County's Share. Payment of the Township's Share. Partial Payments to Contractor. Proviso. Cash Road Tax 270. Contracts to Be Made in the Name of the Common- wealth. To Be Approved by the Attorney General. Writ- ten Agreement of County and Township Officers to be Filed. 271. Petition of Township Offi- cers. Resolution of County Commissioners. Map, plan, etc. Proviso. 272. Petition. Resolution. Town- ship May Incur Indebted- ness or Issue Bonds. Peti- tion of Owners of Real Es- tate, Protesting Against Ex- penditure. Petition of Own- ers of Real Estate, Favor- ing Improvement. 273. In Case County Commission- ers Neglect or Refuse to Act Upon Township's Peti- tion. Township May Peti- tion court. Report of Jury of View. Order of Court. Appointment of and Com- pensation of Jury of View. 274. Joint Petition of Townships. 275. Advertisements for Propos- als. 276. Maintenance of Highways. Apportionment of Mainten- ance Fund. 277. State aid for Maintenance. Sworn Petition. Apportion- ment to Township. Limited to One-half of Annual Cost. 278. "State Highways." Duty of Supervisors, etc. 279. "Highway" Construed. 280. When Portion of Highway is Within a Borough. Agree- ment with Borough. State May Bear a Portion of Ex- pense. Limit of. Borough Highways. Plans and Speci- fications. Approval of Work. Duty of Borough Officers. 281. Commonwealth not to Be Liable for Damages. Dam- ages. Petition. Viewers. Proceedings. 282. Highway Plan of the State, etc. Duties of the Commis- sioner. He May Be Con- sulted by Officers. Promo- tion of Improvement. 283. Duty of County, City, Bor- ough and Township Officers. 284. Construction of Improved Highways. Selection of Ma- terial for Road. 285. $6,500,000 Appropriated When Available. 286. Repeal. Proviso. XVI TABLE OF CONTENTS. CHAPTER XXVIIL INSTRUCTIONS ISSUED BY STATE HIGHWAY DEPARTMENT. SECTION PAGE 291. SECTION 287. Instructions to Township Supervisors and County Commissioners as to Method of Procedure Under High- way Law of 1903 ; and also to Engineers Making Sur- veys. CHAPTER XXIX. FORMS. PAGE SECTION 288. Petition of Real Estate Own- ers. 289. Petition of Township Super- visors. 290. Petition of Township Com- missioners of Townships of the First Class. 291. Petition of County Commis- sioners. 292. Agreement Between Com- monwealth, County and Township, for Road Im- provements. 293. Contract Between the Com- monwealth and Contractor. 294. SECTION 294. Bond to Be Given by the Contractor for Road Im- provement. 295. Maintenance Petition for the Use of Township Super- visors. 296. Maintenance Petition for the Use of Township Commis- sioners and County Com- missioners. 297. Form of Standard Specifica- tions. 298. Form of Bid. APPENDIX. List of Special Acts Relating to Townships in the Several Counties 313-513 Acts of Assembly Cited 515 Table of Cases Cited 521 Index 535 THE LAW OF TOWNSHIPS IN PENNSYLVANIA CHAPTER I. ERECTION OF TOWNSHIPS. SECTION SECTION 1. Legislative establishment. 6. The view. 2. Judicial establishments. 7. The return. 3. The petition. 8. The map. 4. The commissioners. 9. Exceptions. 5. The order. 10. Review. Legislative Establishment. I. Townships are directly or indirectly the creatures of the law-making power. Many of them have been immediately cre- ated by Act of Assembly both before and since the passage of the Act of April 15, 1834/ which, with the supplementary legislation, gave to the courts of quarter sessions jurisdiction of proceedings for the creation of new townships. Local legis- lation authorizing such establishment was not prohibited until the adoption of the Constitution of 1874.^ By section 7 of article 3,^ the General Assembly was forbidden to pass "any local or special law authorizing the creation, extension or im- pairing of liens, regulating the affairs of counties, cities, town- ships, wards, boroughs or school districts" .... "erect- 1 Act April 15, 1834, p. L. 537, P. & L. Dig. 1014. 2 Wolf's Appeal, 58 Pa. 471. 3 I P. & L. Dig. 55- 4 LAW OF TOWNSHIPS IN PENNSYLVANIA. ing new townships or boroughs, changing township lines, bor- ough limits or school districts" .... "but laws repeal- ing local or special acts may be passed." A special act should describe the boundaries and location of the new township, but where it is described by reference to certain rivers, creeks and farms without naming the county in which it is located, the locality may be ascertained by parol evidence, and the town- ship is lawfully created.^ Judicial Establishment. 2. By the Act of April 15, 1834,^ it was provided that "the several courts of quarter sessions shall have authority within their respective counties to erect new townships, to divide any township already erected, and to alter the lines of any two or more adjoining townships, so as to suit the convenience of the inhabitants thereof." The method of instituting proceedings is provided by section 14. "Upon application by petition to a court of quarter sessions for the purpose of erecting a new township or altering the lines of any township, or of ascertain- ing and establishing the lines or boundaries of any township the said court shall appoint three impartial men, if necessary, to inquire into the propriety of granting the prayer of the peti- tion, and it shall be the duty of the commissioners so ap- pointed, or any two of them, to make a plot or draft of the township proposed to be divided, and the division line pro- posed to be made therein, or of the township to be laid off, or of the lines proposed to be altered of two or more adjoining townships, or of the lines proposed to be ascertained and estab- lished, as the case may be, if the same cannot be fully desig- nated by natural lines or boundaries, all of which they, or any two of them, shall report to the next court of quarter sessions together with their opinion of the same, and at the term after that at which the report shall be made, the court shall make 4 Com. vs. Fullerton, 12 Pa. 266. 5 Act April 15, 1834, P. L. 537, Sec. 13, i P. & L. Dig. 1014. ERECTION OF TOWNSHIPS. 5 such order thereupon as to them shall appear just and reason- able." This legislation gives jurisdiction to appoint commis- sioners ; first, where a new township is to be erected ; second, where the request is to divide a township already existing; third, to alter the lines of adjoining townships.^ Its provisions are to be complied with in the case of townships of the first class as well as those of the second classJ The Petition. 3. An application to divide a township should set forth the proposed line, but this need not be by courses and distances, if the termini be given.^ And the proceedings are not affected by the fixing of a point of division in the petition, when the court directed the commissioners to inquire as to the propriety of such action, but failed to suggest that another line might be adopted.^ The petition should set forth that the township is within the county in which the application is made, so that jurisdiction may appear, but an appointment of commissioners by the court is an adjudication of the fact.^^ It is proper to ask that the old township be divided into two or any greater num- ber of new townships.^ ^ No notice of the intended application need be given. ^^ Nor need the petition be sworn to.^^ The Commissioners. 4. The Act of 1834^^ directs the appointment by the court of three impartial men, when such shall be deemed necessary. Similar principles apply in the selection of the commissioners, 6 Division Line of Clay Township, ss Pa. 366. 7 Stowe Twp. Division, 23 Pa. Sup. 285. 8 In re Division of Upper Salford Township, 8 Montg. 31. 9 Case of Maccungie Township, 3 Rawle 459. 10 In re Boundary Line Dallas Borough, 10 Kulp 64. 11 Greenwood Township, 3 Gr. 261. 12 In re Boundary Line Dallas Borough, 10 Kulp 64. 13 In re Boundary Line Dallas Borough, 10 Kulp 64. 14 Act April 15 P. L. 537, Sec. 14, i P. & L. Dig. 1014. 6 LAW OF TOWNSHIPS IN PENNSYLVANIA. or in the objection to them, as in the case of road viewers. One interested in the termination of the proceeding, such as a peti- tioner, or his son, should not be named. ^^* Nor are commis- sioners impartial, who have reported a line other than that prayed for, whereupon a new petition is presented to divide according to the new line, and the same men are appointed by the court. ^^ A well founded objection to the incompetency of any com- missioner, made prior to the view, will be sustained.^® But it cannot be raised subsequent to the return.^ '^ Depositions in support of such an exception do not form part of the record, and are not brought before the appellate court by a certiorari}^ The Order. 5. The duty of the court is to direct the commissioners to in- quire into the propriety of granting the prayer of the petition. There must be an explicit direction to them in accordance with the express terms of the Act of 1834.^^ A direction to divide "if they see cause" is not such an explicit direction as will sat- isfy the requirements of the statute.^*^ A failure so to do is a fatal defect,^ ^ and is not cured by a finding in the return that the division is advisable.^^ But an omission of the clerk to direct an inquiry as to the propriety of the division in his order to the commissioners will not be considered on review by the appellate court, since it 14* Warrington Township, 5 York 64. 15 Case of Green Township, 9 W. & S. 22. 16 Warrington Township, 5 York 64. 17 Catharine and Frankstown Township, 31 Pa. 303. 18 Catharine and Frankstown Township, 31 Pa. 303. 19 In re Division of Plum Township, 83 Pa. 73. Bethel Township, i Pa. 97. In re Conneaut Township, i Pitts. 470. 20 Harrison Township, 5 Pa. 447. 21 Macungie Township, 14 S. & R. 67. 22 In re Division of Plum Township, 83 Pa. 73 ; Harrison Township, 5 Pa. 447; Bethel Township, i Pa. 97. ERECTION OF TOWNSHIPS. 7 could have been corrected by the court below without prejudice, had the defect been called to the court's attention.^^ A certified copy of the order should be given the commis- sioners, and not the original papers.^^ The View. 6. Notice of the time and place of holding the view should be given to the inhabitants affected in such manner as may be prescribed by rule of court.^^ This is true if the application be for the division of the township,-^ for the altering of the line of the township,^ ^ or to fix the lines between a borough and a town- ship.^^ And notice will not be presumed where the report is silent.^^. If the manner of notice be fixed by order of court, it must be strictly complied with. Thus a direction to give notice in an English and a German newspaper for three weeks, IS not complied with by three successive insertions made within less than three weeks before the meeting. ^^ A description of the courses in the hand bills as set forth in the petition is sufficient.^ ^ And it need not appear in the re- turn at what places the handbills were posted.^^ The ground itself should be viewed by the commissioners, but if the report be silent as to their action in this regard, it will be presumed that such was done from the fact that a draft is re- turned and a favorable opinion given as to the propriety of the division. ^^ This proceeding was based upon the earlier Act of 23 Penn Township, 8 Pa. 23. 24 In re Division of Plum Township, 83 Pa. y2)- 25 Bethel Township, i Pa. 97. 26 Bethel Township, i Pa. 97. 27 Norwegian Township, 20 Pa. 324. 28 In re Boundary Line of Dallas Borough, 10 Kulp 64. 29 Norwegian Township, 20 Pa. 324. See In re Sewickley Township, 33 Pa. 297. 30 In re Division of North Whitehall Township, 47 Pa. 156. 31 In re Boundary Line of Dallas Borough, 10 Kulp 64. 32 Ibid. 33 Stowe Township Division, 23 Pa. Sup. 285; Wyalusing Township, 2 S. & R. 402. 8 LAW OF TOWNSHIPS IN PENNSYLVANIA, 1803. In proceedings to alter lines, a general view of the country sufficient to enable the commissioners to form an intel- ligent opinion, is all that is required. ^^ All should be present whenever they meet in the performance of their duties.^^ But the court will presume that such was the case, though but two join in the report. ^^ An opportunity should be given to the inhabitants to present their views as to the propriety of the di- vision.^''^ The Return. 7. The commissioners must report at the next court of quar- ter sessions. ^^ Their return may be lodged, however, with the clerk before the return day without vitiating the proceedings.^^ Such return must express the opinion of at least two of the commissioners as to the propriety of granting the application,^^ And the opinion must be explicit. This requirement is not com- plied with by saying that it "ought to be erected into a separ- ate township." ^^ Or that it will be a convenience to eight in- habitants, instead of a convenience to the inhabitants of the township.^^ But the appellate court will not reverse for this reason where no objection was made in the court below, the commissioners having reported in favor of an alteration.'*^ In a similar proceeding for the annexation to a school district, it was held that a return showing that a view had been held, and that the commissioners were of the opinion that the lands 34 Exeter and Northmoreland Township Line, 8 Pa. C. C. 524, s. c. 7 Lane. L. R. 293. 35 In re Washington and Warrington Twp., i York 180. Z6 In re Windsor Township, 9 Watts 248. 37 Stowe Township Division, 23 Pa. Sup. 285. 38 Act April IS, 1834, P. L. 537, Sec. 14 i P. & L. Dig. 1014. 39 In re Division of Upper Salford Township, 8 Montg. 31. 40 Plymouth Township, 5 Kulp 211 ; In re Macungie Township, 14 S. & R. 67. 41 Limestone Township, 11 Pa. 270. 42 Rockdale and Richmond Townships Line, 23 Pa. C. C. 170. 43 Norwegian Township, 20 Pa. 324. ERECTION OF TOWNSHIPS. 9 should be annexed, was sufficient though no distinct averment was made that an inquiry was held into the propriety of so doing.^^ The commissioners may adopt the line set forth in the peti- tion,^^ It has been held that they need not do so, for they have an act of judgment to perform, and may make such di- vision as they deem best for the interest of the inhabitants.^^ But in In re Green township,^^ where the court was asked to divide as prayed for in the petition, it was held that a different line could not be selected by the commissioners. And this rul- ing has been subsequently approved. ^^ If one terminus is clearly fixed, and the other may be determined by the courses and distances appearing by the report, and draft accompanying, it will be sufficient.^® A direction to take the most direct route does not mean the shortest line between two points. ^"^ The Map. 8. The Act of 1834 directs that the commissioners or any two of them, shall make a plot or draft of the township pro- posed to be divided, and the division line proposed to be made therein, or of the township proposed to be laid off, or of the lines to be altered of two or more adjoining townships, or of the lines proposed to be ascertained or established, as the case may be, if the same cannot be fully designated by natural lines or boundaries.^ ^ Where it is intended to erect a new township out of those existing the report of the commissioners must be accompanied by a draft showing the new township, as well as the lines of the 44 Annexation to Elk Twp. School District, 146 Pa. i. 45 In re Maccungie Township, 3 Rawle 459. 46 Paradise Township, 4 Leg. Gaz. 382. 47 In re Green Township g W. & S. 22. 48 Stowe Township Division, 23 Pa. Sup. 285. 49 In re Division of Upper Salford Township, 8 Montg. Co. 31. 50 In re Paradise Twp., 4 Leg. Gaz. 382. 51 Act April IS, 1834, P. L. S37, Sec. 14. i P. & L. Dig. 1014. lO LAW OF TOWNSHIPS IN PENNSYLVANIA. townships from which it is taken, as changed.^^ If, however, a mere division of an existing township is made, it is sufficient to give the Hnes of the old township, with the new division line.^^ Where the report favors the alteration of boundaries the map should designate the alterations of the lines of the existing townships.^^ A draft of the whole township need not appear in such case.^^ The plot is filed with the report and becomes a part of it and of the record.^® Courses and distances marked thereon are not indispensable. Natural boundaries may supply their place.^'^ In case all of the lines can be described by natural boundaries, no map is required. ^^ A plot adopted by former viewers, whose report has been set aside because of irregulari- ties, may be referred to and adopted by subsequent viewers.^^ Though the termini should be fixed, yet if one terminus be clearly designated, and the second can be determined b}'' the courses and distances given, it will be sufficient.^^ Exceptions. 9. Inhabitants who oppose the action recommended by the commissioners may except to the return as filed, and it has been held proper to file additional exceptions pending the dis- position of those already filed. ^^ Defects, not called to the at- 52 Harrison Township, 5 Pa. 447; Wyalusing Twp., 2 S. & R. 402, Under the Act of 1803. 53 Harrison Twp., 5 Pa. 447; In re Conneaut Township, i Pitts. 470; In re Henderson and West Townships, 2 Watts 269 — under Act of 1803, dis- tinguishing Wyalusing Township, 2 S. & R. 402. 54 Wetmore Township, 68 Pa. 340. 55 In re Catharine and Frankstown Township, 31 Pa. 303. 56 Wetmore Township, 68 Pa. 340. 57 In re Conneaut Twp., i Pitts. 470. 58 Wetmore Township, 68 Pa. 340. 59 In re Harrison Township, 5 Pa. 447. 60 In re Upper Salford Township, 8 Montg. 31. 61 Rockdale and Richmond Townships Line, 23 Pa. C. C. 170. ERECTION OF TOWNSHIPS. II tention of the court below, will not be considered by the appel- late court, except the want of jurisdiction, which may be taken advantage of at any time.®^ If the court determines the ob- jections to be well taken, it has power to recommit the report to the same commissioners or set it aside and appoint a new view.®^ But there is no authorization by the Act of 1834 for the ap- pointment of commissioners to run, review and locate a line fixed by commissioners, because the location is not what the petitioners desired. And though the report of the reviewers be absolutely confirmed, the whole proceeding is void.^* If no exceptions be filed, or if such as have been are overruled, the court may confirm the return of the commissioners absolutely. In so doing, however, it has no power to alter the lines as fixed in the return filed. ®^ Review. 10. By supplementary legislation provision was made for a review after confirmation. "In all cases of proceedings under the 14th section of the act to which this is a supplement.®'^ for any of the purposes therein mentioned, the respective court shall direct a second commission or review, for the same purposes, on a petition of a majority of the voters of the township or town^ ships affected by said proceedings; provided that such petition shall be presented to the court at or before the second term thereof, after the final confirmation of the report or the first commission or review.®''^ Discussing this legislation, Lowrie, C. J., says : "It is so con- 62 Stowe Twp. Division, 2^ Pa. Sup. 285. 63 Wetmore Township, 68 Pa. 340. 64 Plunkett's Creek Twp., 148 Pa. 299. 65 Wetmore Twp., 68 Pa. 340; following Green Twp., g W. & S. 22 and overruling Warwick Twp., 18 Pa. 372; See also Stowe Twp. Division, 23 Pa. Sup. 285 ; In re Conneaut Twp., i Pitts. 470. 66 That of April 15, 1834, i P. & L. Dig. 1014. 67 Act April 26, 1854, P. L- 489, Sec. i, i P. & L. Dig. 1016. 12 LAW OF TOWNSHIPS IN PENNSYLVANIA. trary to the ordinary course of all regular judicial business, that reviewers should be appointed two terms after the proceed- ings for the division of a township have been legally con- firmed, and perhaps after the township has been fully organ- ized, it is impossible to avoid thinking that the Act 26th April, 1854, P. L. 489, was slipped through the forms of legislation without being noticed. Its very strangeness would require that is should be narrowly watched in practice." ^® On review the commissioners are not confined to the approval or rejection of the line first laid out.^® 68 In re Division of Juniata Township, 31 Pa. 301. 69 Exeter and Northmoreland Twp. Line, 8 Pa. C. C. 524, s. c. 7 Lane. Law Rev. 293. 1 CHAPTER 11. ERECTION OF TOWNSHIPS. — CONTINUED. SECTION SECTION 11. Election. 15. Ascertaining boundaries. 12. In case of division. 16. Adjusting river boundary. 13. In erection of new township. 17. Altering lines. 14. Division by new county line. Election. II. Prior to the Acts of 1857/ which did not apply to reports confirmed nisi prior to the date of their passage,^ the power of revision of the acts of the commissioners, was vested in the court. In that year a vote of the people was sub- stituted. This legislation is supplementary to that of 1834.^ And the potency of the vote depends on compliance with the provisions of the act.^ It is to be noticed that the Act of March 14, 1857,^ is to be invoked where the question submitted is the division of a township, and that of April 15, 1857,® where it is proposed to erect a new township. ''^ The order of the court referring the matter should specify which question is to be voted on, since the form of ballot required by the two acts is different.^ But neither of these acts applies to a proceeding to alter the lines of two or more adjoining townships, and a 1 Acts of March 14, 1857, i P. L. 93, i P. & L. Dig. 1016, and April 15, 1857, P. L. 304, I P. & L. Dig. 1017. 2 In re Alba Township, 35 Pa. 271 ; In re Juniata Twp., 31 Pa. 301. 3 Greenwood Twp., 3 Gr. 261. 4 In re Conneaut Township, i Pitts. 470. 5 Act March 14, 1857, P. L. 93, i P. & L. Dig. 1016. 6 Act April 15, 1857, P. L. 304, i P. & L. Dig. 1017. 7 Ryon Twp., i Walker 137. 8 Ryon Twp. supra. 13 14 LAW OF TOWNSHIPS IN PENNSYLVANIA. proceeding to annex a small portion of two adjoining town- ships to another, is one for the alteration of lines, though called one of annexation.® Legislation such as here provided is not unconstitutional as delegating the law-making power. Nor prior to 1874 were special acts allowing a vote of the inhabitants to pass upon di- vision or annexation.^'' In Case of Division. 12. Section one of the Act of March 14, 1857,^^ makes it the duty of the court of quarter sessions, where a return is made favorable to a division, to order a vote of the qualified elec- tors of the said township. The order may be made after ex- ceptions to the report have been dismissed.^ ^ The court has no power to confirm the report absolutely without referring the matter to a popular vote.^^ By the second section it is made the duty of the court to fix the day on which the election officers shall hold the election at the place fixed by law for holding township elections. Notice thereof is to be given by the constable, or, if none, by one of the supervisors, for at least fifteen days by posting not less than six written or printed handbills in the most public places in the said township. The form of ballot is fixed by the third section, the direction being to print on the outside the word "division," and on the inside the words "for division" and "against division." The proper registry list to be used at an election for division in August is one made in the same year prior to the February election under the Act of May 29, 1891. The failure to use a 9 In re Gay etc. Twps., 33 Pa. 366. 10 Com. vs. Judges, 8 Pa. 391 ; Smith vs. McCarthy, 56 Pa. 359. 11 Act March 14, 1857, P. L. 93, i P. & L. Dig. 1016. 12 In re Upper Salford Twp., 8 Montg. 31. 13 In re North Whitehall Twp., 47 Pa. 156. ERECTION OF TOWNSHIPS. 1 5 list or the use of a list prepared during the year before is ground for setting the election aside.^* A return of the election by the officers who have conducted it, is to be made to the clerk of the court of quarter sessions within five days. But this provision for return is merely di- rectory, and a failure to do so within the time fixed will not in- validate the proceedings.^^ The clerk of the court shall lay the returns filed before the court at its next sessions, and if it shall appear that a majority of the votes so taken are "for a division" the said court shall thereupon order and decree a division of the said township, agreeably to the lines marked out and returned by the commissioners. But if a majority of votes have been "against a division" no further action shall be had upon said proceedings.^*^ The result of the election is conclusive and the power of the court is taken away.^'^ But the potency of a favor- able vote depends on the compliance with all the requirements of the Act of 1834.^^ In Erection of New Township. 13. In proceedings to erect a new township out of parts of two or more townships the court will order, after a favorable return by the commissioners "a vote of the qualified electors of the township from which the largest number of taxables to be embraced in the proposed new township is to be taken, and also of the qualified electors outside of such township, residing within the bounds of the proposed new township, to be taken on the question of the erection of a new township." ^^ As in the case of a division of a township, notice is to be given by the constable, or by a supervisor or road commissioner, if there be no constable, of the time and place of holding the election, at 14 Plum Twp., Division of, 32 Pitts. L. J. 208. 15 In re Conneaut Twp., i Pitts. 470. 16 Act March 14, 1857, P. L. 93, Sec. 4, i P. & L. Dig. 1017. 17 Kugler's Appeal, 55 Pa. 123. 18 In re Conneaut Township, i Pitts. 470. 19 Act April 15, 1857, P. L. 304, Sec. i, i P. & L. Dig. 1017. l6 LAW OF TOWNSHIPS IN PENNSYLVANIA. least 15 days prior to the date fixed, by posting not less than six written or printed hand bills in the most public places in each of the townships which are to be divided by the forma- tion of the new township. The election is to be conducted by the officers "of the township from which the largest number of taxables to be embraced in the proposed new township is to be taken." ^o The ballots shall have written or printed upon the outside thereof the words, "new township," and on the inside the words "for a new township," or "against a new township." ^^ A re- turn of the election to the clerk of the court of quarter sessions is required within five days. At the next court this return shall be presented, and, if favorable, the new township shall be or- dered agreeably to the lines marked out and returned. But if it be adverse, then no further proceedings shall be had upon s?id proceedings.^^ Division by New County Line. 14. Provision has been made for the erection of new town- ships, where such as had before existed are divided into parts by the laying out of new counties. The court of quarter ses- sions is given jurisdiction upon petition "of at least twelve freeholders resident in the territory mentioned or described in said petition, to appoint three impartial men to inquire into the propriety of erecting the new township. The commission- ers, or a majority of them, after being duly sworn to discharge their duties with fidelity, and after giving the same notice as is required in case of road views, are directed to view the town- ships mentioned in the petition, and if in their opinion, or in the opinion of a majority of them, a new township of con- venient size and number of inhabitants can be erected, either by consolidating two or more of the parts of said townships 20 Act April IS, 1857, p. L. 304, Sec. 2, i P. & L. Dig. 1017. 21 Act April IS, i8s7, P. L. 304, Sec. 3, i P. & L. Dig. 1017. 22 Act April IS, i8s7, P- L. 304, Sec. 4, i P. & L. Dig. 1017. ERECTION OF TOWNSHIPS. I7 remaining in the said county in which these proceedings may be instituted after the division of the same, or by annexing one or more of said remaining parts of townships to any adjoining township, or by uniting any one or more of said remaining parts of townships with any part of any township not cut by the new county hne, but adjoining any one of the said several town- ships, they shall make a plot or draft of the territory, which in their opinion should be included in the new township, all of which they, or a majority of them, shall report to the next court of quarter sessions of said county, together with their opinion of the same." If the report be favorable, it is to be con- firmed nisi, and a special election ordered to be participated in by the qualified voters residing within the territory to be erected into a new township according to the draft of the com- missioners, at a time and place to be fixed by the court, not more than 60 days from the confirmation nisi, and at the most convenient place within said territory, for the purpose of vot- ing upon the question. In case a majority of the votes favor the formation of the new township, the court, or the president judge thereof in vacation, shall order the same to be erected and established in accordance with the report of the commis- sioners, and shall name the same, and shall appoint such town- ship officers as shall be necessary to conduct the affairs of said township until the next general election of township officers, which shall occur more than three months after the said order establishing said new township has been made.^^ The election already noted is to be conducted by officers ap- pointed for the purpose by the court, their compensation being fixed by it. Notice of the time and place fixed for holding the same shall be given for three successive weeks in at least two newspapers published in said county, and by at least five hand bills posted for at least ten days prior to said election in con- spicuous places within the territory proposed to be embraced in 23 Act May 13, 1879, P. L. 52, Sec. i, i P. & L. Dig. 1019. l8 LAW OF TOWNSHIPS IN PENNSYLVANIA. the new township. A return of the election held is to be made forthwith to the clerk of the court of quarter sessions.^* "In case there shall be included in the draft returned by the commissioners any part of a township which has not been sev- ered by the new county line, it shall be the duty of the commis- sioners to include in their report an estimate of the number of taxables and the number of square miles which would still re- main in such township after the said part shall have been taken out, and to further certify to said court that in their opinion, or in the opinion of a majority of them, the said part can be taken from said township without serious injury to the remain- ing part of said township," ^^ Ascertaining Boundaries. 15. The Act of 1834 gave jurisdiction to the court of quarter sessions "to cause the lines or boundaries of townships to be ascertained and established." ^® Proceedings are to be insti- tuted and carried on in the same manner as already noticed for the division and erection of townships, though no election follows the return of the commissioners. In such case it is the duty of the viewers to inquire respecting the old line and where defined to return it. They have no power to run an arbitrary straight line.^^ Reputation and hearsay evidence is admissible to determine the true boundary.^^ A return of commissioners appointed to "run, review and locate" a line, though confirmed, will not prevent the appointment of commissioners to ascer- tain the boundaries, since no authority for such a proceeding is given by the Act of 1834, or any other legislation.^® 24 Act May 13, 1879, P. L. 52, Sec. 2, i P. & L. Dig. 1019. 25 Act May 13, 1879, P- L- 53, Sec. 3, i P. & L. Dig. 1019. 26 Act April 15, 1834, P. L. 537, Sec. 13, i P. & L. Dig. 1014. 27 In re Line Between Salisbury, etc., Twps., 4 Lane. L. R. 269, where the line was moved one-half mile south. Recommitted. 28 In re Line Between Salisbury, etc., Twps., 4 Lane. L. R. 269; Nieman vs. Ward, i W. & S. 68. 29 In re Plunkett's Creek Twp., 148 Pa. 299. ERECTION OF TOWNSHIPS. I9 By the Act of June 3, 1893,^^ provision is made for the as- certaining of disputed boundaries between townships, boroughs and townships, and cities and townships. The court of quarter sessions upon application by petition is directed to "appoint three impartial men, one of whom shall be a competent sur- veyor, who, after having given notice as directed by court, shall view the said lines or boundaries, and it shall be the duty of the said commissioners so appointed, or any two of them, to make a draft or plot of the lines proposed to be ascertained or estab- lished if the same cannot be designated by natural lines or boun- daries, all of which, they, or any two of them, shall report to the next court of quarter sessions together with their opinion of the same, and at the term after that at which the report shall be made the court shall make such order thereupon as to it shall appear just and reasonable : Provided, that upon petition a re- view may be ordered by said court, and Provided further. That an appeal may be taken from the decision of said commission- ers of view or review, and the question of fact in dispute de- termined by a feigned issue to be framed by the court after the manner of framing feigned issues under existing laws to be cer- tified to the court of common pleas of the proper county." The appointment of viewers upon such a petition is an ad- judication that the line is within the county over which the court has jurisdiction.^^ The petition need not be sworn to, nor is it necessary that notice of the intended application be given. Notice of the line to be viewed must be given, but it is sufficiently described in the hand bills if the language of the petition is used. The report of the commis- sioners need not set forth the places at which the hand bills Vi^ere posted. ^^ The third section provides for the payment by the county of five dollars per day and mileage to the surveyor, and three 30 Act June 3, 1893, P. L. 284, i P. & L. Dig. 369. 31 In re Dallas Boundary Line, 10 Kulp 64. 32 In re Dallas Boundary Line, 10 Kulp 64. 2 20 LAW OF TOWNSHIPS IN PENNSYLVANIA. dollars per day and mileage to the commissioners. No allow- ance is to be made for chainmen or axemen.^^ When the line is finally established the court shall cause the same to be marked with stone monuments, to be placed at inter- vals not exceeding fifteen hundred feet from each other, the expense thereof to be reasonable, and to be first approved by the court and to be borne equally by the municipalities interested, and the court shall compel the payment of the same according to law.^^ Adjusting Biver Boundary. 1 6. The Act of May 24, 1887,^^ provides that whenever any township, borough or city is bounded by the nearest margin of any navigable stream of this Commonwealth, and the opposite township, borough or city, as the case may be, is also bounded by the margin of the same stream, the middle of such stream shall be deemed and taken to be the boundary between such townships, boroughs, or cities, as the case may be. Altering Lines. 17. The Act of 1834 ^^ made provision for altering the lines of townships by the same procedure as required for the erec- tion and division of townships. It is to be noticed, however, that no provision is made for submission to a popular vote, but the approval of the return remains in the control of the court.^'' Notice should be given by the commissioners to the inhabi- tants of the township to which part of the territory is pro- posed to be added, and, if the report is silent, it will not be pre- sumed that such was done.^^ On review the commissioners are 33 Carbondale Twp.'s Petition, 2 Lack. L. N. 109. 34 Act June 3, 1893, P. L. 284, Sec. 4, i P. & L. Dig. 370. 35 Act May 24, 1887, P. L. 203, i P. & L. Dig. 996. 36 Act of 1834, P- L- 537, Sees. 13, 14, i P. & L. Dig. 1014. Z7 In re Clay, etc., Townships, zz Pa. 366. 38 In re Norwegian Township, 20 Pa. 324. ERECTION OF TOWNSHIPS. 21 not limited to the approval or rejection of the line first sug- gested.^^ Special provision has been made for cases where, by reason of natural or artificial obstructions or causes, any part of a township is or shall be divided or cut off from the main portion of such township, or where such part is so located that ac- cess to the main portion thereof can only be had by passing through some other township or borough, and where it shall be for the best interests of any township so cut off or located, and of the inhabitants thereof, that such part should be stricken off from the township or borough of which it is a part and be annexed to some adjoining township or borough.^^ On pre- sentation of a petition signed by not less than two-thirds of the inhabitants and the owners of not less than two-thirds in value, as shown by the last assessment for county taxation of the real property situate in such part of any township, the court of quarter sessions may decree such alterations of the boundaries of such township as may be affected thereby as shall be for the best interests of such part of any township so cut off or lo- cated as aforesaid. When the petition is presented the court shall direct notice to be given to the supervisors and town coun- cils of such townships and boroughs as shall be affected by such change, and fix a day for hearing such matter, and after hear- ing all parties in interest, the court shall make such decree as to the court shall seem meet and proper. In case the alteration is decreed, an auditor must be appointed for the purpose of ad- justing the indebtedness. 39 Exeter and Northmoreland Twp. Line, 8 Pa. C. C. 524, s. c. 7 Lane. L. R. 293. 40 Act May 11, 1901, P. L. 177, 4 P. & L. Dig. 655. CHAPTER III. ADJUSTMENT OF INDEBTEDNESS. SECTION SECTION i8. Where townships are divided. 23. Annexation to cities of third 19. Where a borough erected from. class. 20. Where borough limits are 24. Where new township caused by changed. new county line. 21. Where township annexed to 25. Where boundary altered. city of the second class. 26. Effect of division of township. 22. Where township annexed to city. Where Townships Are Divided. 18. "Whenever a new township has been or may hereafter be, erected, whether by a division of one township, or by unit- ing parts of two, or more, adjoining townships, and whenever a borough has been, or may hereafter be, erected out of any township or parts of adjoining townships, the court of common pleas of the proper county, sitting in equity, shall have power, upon the application of the proper authorities, of said borough, township or townships, or either of them, by suit, or suits, in equity, to adjust all matters of indebtedness, between the said old township, or townships and the said new township, or bor- ough; and in the execution of any decree, in any such suit or suits, the proper officers of the townships, liable to pay, shall have power to levy separate rates of taxation, if necessary, on the said parts of townships so erected into one." ^ This legisla- tive provision repealed the first section of the Act of May i, 1861.^ By the second section of this act, it was directed that 1 Act April 12, 1866, P. L. 109, i P. & L. Dig. 1018. 2 Act May i, 1861, P. L. 539, i P. & L. Dig. 1019. ADJUSTMENT OF INDEBTEDNESS. 23 similar proceedings be liad in case of the division of any town- ship, or upon a change of the boundaries of any township or townships.^ Where a Borough. Erected From. 19. The General Borough Act of 1851,^ provided for the payment by the borough erected from a township of its just proportion of the indebtedness. By the Act of June 12, 1878,^ provision was made for the sharing of liabilities, where the borough was erected out of a township, the proportion to be ascertained by reference to the assessment of said township or townships for the year in which said borough was incorpor- ated. By the second and ninth sections of this act, similar pro- vision was made for the case of the borough into which a town- ship shall merge. By the subsequent sections the method of as- certainment and apportionment is provided. The court of com- mon pleas sitting in equity is given jurisdiction upon the appli- cation of one or more creditors, or of the proper authorities of any said township or borough by a suit or suits in equity, to as- certain the indebtedness of said township or townships, includ- ing judgments against the same at the time of the incorporation of each of said boroughs, respectively, and to equitably appor- tion said indebtedness which each shall pay. In making said adjustment, reference shall be had to the time of incorpora- tion of such borough, and to the debts then existing, whether since paid or not, and also to the several amounts of township taxes, then unexpended ; and the said adjustment shall be based upon the assessment of said township or townships, for the year in which such borough was incorporated, provided that in ascertaining said indebtedness, neither pending actions nor claims against said township or townships founded on tort shall 3 For the payment of taxes due from the county after division, but ac- cruing before, see Barnett Twp. vs. Jefferson Co., 9 Watts 166. 4 Act April 3, 1851, P. L. 320, Sec. 24, i P. & L. Dig. 380. 5 Act June 12, 1878, P. L. 184, i P. & L. Dig. 381. 24 LAW OF TOWNSHIPS IN PENNSYLVANIA. be included unless the same shall in the meantime have been prosecuted to final judgment. By the fourth section the court is directed to give three months' public notice to those having claims, founded on tort as aforesaid, to present the same, on or before the day named therein, said notice to be published in not less than two news- papers within the proper county, if such exist, or in one news- paper, if there be no other, and in such further manner as may be directed by the court. The court is given power to make such decrees, as may be necessary to enforce the payment of said indebtedness, and to appoint a receiver to receive the money due, as well as any special tax which may be collected.^ Since the court of equity has jurisdiction, and power to enforce its orders, the court of common pleas will not compel payment by mandamus.''^ "Each borough in any of the cases aforesaid shall be credited with the proper share of such indebtedness, due to said town- ship or townships at the time of incorporation of such borough as shall have since been collected, and shall likewise be credited with its proper share of any unappropriated balance in the treasury of the said township or townships, at the end of the current year during which such borough shall have been incor- porated, and the said court shall have like power to equitably adjust and apportion the same." ^ "The cost of said proceedings shall be paid by the several- said townships and boroughs, in such proportion as the said court shall adjudge, and the orders and decrees of the said court may be enforced by attachment." ^ This act directs a proper apportionment of the township's indebtedness between it and the borough. The court ascer- tains what part of the debt the two should respectively bear. 6 Act June 12, 1878, P. L. 184, Sees. 3, 4, 5, 6, i P. & L. Dig. 381-3. 7 Lansdowne vs. Upper Darby Twp., 9 D. R. 694. 8 Act June 12, 1878, P. L. 184, Sec. 7, i P. & L. Dig. 383. 9 Act June 12, 1878, P. L. 184, Sec. 8, i P. & L. Dig. 383. ADJUSTMENT OF INDEBTEDNESS. 25 The decree of the court does not disturb the right of the credi- tors to resort either to the township or to the borough. If either pays the whole debt, it can be subrogated to the creditors' right against the other. The township, and possibly the bor- ough, may file a bill for the apportionment of the debt. The ratio between the assessed value for tax purposes of the property in the borough, and that of the property of the entire township, is the ratio in which the borough should share the property and also the indebtedness of the township. ^^ This legislation furnishes the only method for the collec- tion of such indebtedness, and involves an adjudication of all actions except those pending in tort. The marshalling of out- standing claims by auditors is not an adjudication which will bind either the township or the creditor. An order drawn upon the treasurer by the supervisors is not prima facie evidence of the township indebtedness, nor is a report made by virtue of the Act of March 31, 1864,^^ providing for the levying of a special tax for township indebtedness, conclusive. In appor- tioning the indebtedness all liabilities of the township are to be included, and not merely sums due for the repair of roads as under the Act of April 3, 1851.^^ The borough is liable for the ratable proportion of a judgment recovered in tort against the township alone, recovered after the erection of the borough, when the cause of action accrued before. Debts due for more than six years at the time of the erection of the borough, but which have been kept alive as against the township by pay- ments, are not barred as against the borough, if less than six years have elapsed from the time of its erection. In a suit for 10 Township of Upper Darby vs. Borough of Lansdowne, 174 Pa. 203. In this case upon adjustment of all except the bonded debt, it was found that the township owed the borough $2,953.15. The bonded debt was then divided between the township and the borough in the ratio of their respective tax- able property. 11 Act March 31, 1864, P. L. 162, 2 P. & L. Dig. 4602. 12 Act April 3, 1851, P. L. 325, i P. & L. Dig. 380; Jenkins Township vs. Yatesville, i Kulp 190. 26 LAW OF TOWNSHIPS IN PENNSYLVANIA. such proportion, no right exists to an allowance for counsel fees.^^ Where Borough Limits Are Changed. 20. Whenever proceedings shall have been begun in any court for the changing of the limits of any borough, by annex- ing thereto any tracts of land, or by detaching therefrom any territory included therein, and the change shall have been ap- proved by the grand jury, the court must, before entering the decree confirming the same, appoint an auditor. He shall as- certain the existing liabilities of the several boroughs, town- ships and school districts, and the assessed valuation of all property liable to taxation for borough, township or school purposes, as shown by the last annual assessment in each bor- ough, township, or school district, and within the limits of the part annexed to or detached from the borough, and he shall re- port the same to the court, with the form of a decree adjusting the liabilities for all indebtedness, and the value of property held or acquired by each justly and equitably upon the bor- ough, township and school district, respectively. At the time of making the appointment of the auditor, the court must di- rect notice to be given of the time and place of meeting before him, and of the time of making his report, and of the hearing thereon, in such manner and for such time as it may decree, necessary and proper to give full notice to all parties interested, and must make such other and further orders as to it may seem meet and proper. The court after the hearing upon the report of the auditor, is authorized to direct the amounts that shall be paid by either the borough, township, or school district, to the other, and the time and mode of payment. If necessary to a proper adjustment of the indebtedness, the court may order a special tax to be levied upon the property so annexed to or de- tached from the borough, for the payment of so much of the in- 13 Kingston Township vs. Luzerne Borough, 5 Kulp 49. ADJUSTMENT OF INDEBTEDNESS. 2/ debtedness as may be awarded against it, and may direct how the same shall be assessed and collected. The decree thus made shall be conclusive upon all parties interested^ and the court shall have power to enforce it by appropriate orders and de- crees, and by attachment of all public officers refusing to obey the same, and to punish such disobedience by fine and imprison- ment, or either at its discretion.^ ^ The Act of June i, 1887, does not apply to proceedings for the adjustment of indebtedness where a part of the territory of a township passes to a borough on annexation proceedings by a petition of the borough council and ordinance thereon. It re- fers only to proceedings in court. ^^ Where To-wnship Annexed to City of the Second Class. 21. The Act of May 8, 1895,^'^ provided for the annexation of cities of the third class, boroughs or townships, or part or parts of townships to cities of the second class, and provided in the fifth section for the collection of the debts existing. This legislation has been held to be unconstitutional as a violation of article 3, section 7 of the Constitution forbidding local legis- lation.^'' Where Township Annexed to City. 22. Provision was made for annexation to any contiguous city by the Act of April 28, 1903,^^ and it was directed that "the territory annexed shall pay its own floating and bonded indebt- edness, and the interest thereon, as said floating and bonded indebtedness exists at the time of annexation, and for that purpose an annual tax shall be levied by the city to which it is annexed, and which shall be levied upon the subjects of taxa- 14 Act of June i, 1887, P. L. 285, i P. & L. Dig. 384. 15 Wilkins School Dist. vs. Turtle Creek Borough Dist. 31 Pitts. L. J. 189, affirmed Wilkins Twp. School District, 18 Pa. Sup. 293. 16 Act May 8, 1895, P. L. 56, see Act April 14, 1897, P. L. 21. 17 Millvale Bor. Election, 26 P. L. J. 411. 18 Act April 28, 1903, P. L. 332. 28 LAW OF TOWNSHIPS IN PENNSYLVANIA. tion in such annexed territory only. Such annexed territory- shall not be liable for the floating or bonded indebtedness of the city to which it is annexed, as the same shall exist at the time of annexation; but the same shall be provided for, princi- pal and interest, by an annual tax, to be levied by such city upon the subjects of taxation within its limits. In case of an- nexation, the court may appoint commissioners to ascertain the floating and bonded indebtedness of the territory annexed, and of the city to which it is annexed. An account shall be taken of all moneys on hand or receivable, applicable to the payment of the floating or bonded indebtedness of the respec- tive portions, at the date of annexation, and such money shall be applied in payment of the floating or bonded indebtedness of the respective portions." Where annexation was had under the Act of May 23, 1889,^® it was held that township taxes levied before the date of ap- proval of the annexation proceedings, but after the same had been instituted, could not be collected in the portion added to the adjoining city.^° Annexation to Cities of Third Class. 23. By the Act of May 16, 1901,^^ it was provided that when territory was annexed to cities of the third class that the in- debtedness should be apportioned as follows: "When it shall appear to said court of quarter sessions that the township from which any part or portion, or any out-lots or section of land, has been taken, has money or funds or land, or is indebted, it shall be the duty of said court to determine and decree how much of said funds or moneys shall be paid as a ratable and equitable part to the said city; and likewise deter- mine and decree what ratable and equitable part or 19 Act May 23, 1889, P. L. 277, i P. & L. Dig. 612. 20 Hale vs. Butler, i Lack. L. N. 5. 21 Act May 16, 1901, P. L. 225, 4 P. & L. Dig. 822. This act amended sec- tion 5, article 3 of the Act of May 23, 1889. ADJUSTMENT OF INDEBTEDNESS. 29 proportion of said indebtedness shall be paid by the said city to the said township, and to fix the time or times on or within which any of the respective moneys, parts or portions shall be paid." This legislation was supplemented in 1903 as follows: "Whenever any borough or township, or part of township, ad- joining any city of the third class, and being part of the county in which the same is situated, shall hereafter be annexed to such adjoining city in the manner prescribed by article three of the act, entitled *An Act providing for the incorporation and government of cities of the third class,' approved May 23, 1889, the existing indebtedness, liabilities, and the interest thereon, of each of said cities, contracted prior to such annexa- tion (excepting any and all funded indebtedness for the con- struction of sewers, waterworks, gas or electric light plants, or public buildings), shall be paid by such city, and the existing mdebtedness and liabilities, and the interest thereon of each of said boroughs, townships, or parts of townships, shall be paid by the same, respectively, as the case may be, and for the liquidation of debts and liabilities, and the interest thereon, the authorities of such city shall have power to adjust and provide for the same by ordinance, and to levy separate rates of taxa- tion on all persons and property subject to taxation, within the boundaries of such city, borough, township, or part of town- ship, respectively, as the case may be, for the purposes afore- said." 22 Where Hew Township Caused by New County Line. 24. The court of quarter sessions is given power to adjust the indebtedness of the townships cut by the new county line, incurred prior to the erection of the new county, or prior to the consolidation and establishment of the new township, in such manner that only the property within the old territorial limits 22 Act April 25, 1903, P. L. 312. 30 LAW OF TOWNSHIPS IN PENNSYLVANIA. of each township shall be liable for such indebtedness.^-"' Where the township is divided by the new county line, both parts are liable for a debt due by the old township, and a recovery may be had against either part for the whole sum.^* Where Boundary Altered. 25. Where portions of a township are cut off from the main portion because of the inconvenience of access as provided by the Act of May 11, 1901,^^ the court decreeing the alteration shall appoint an auditor, who shall give such notice as the court shall direct to the parties in interest and after hearing and in- vestigation shall report to the court the total valuation of the several boroughs, townships and school districts afifected by the alteration decreed, the assessed valuation of the portion cut ofif, and also the amount of the indebtedness of the several bor- oughs, townships and school districts afifected by such altera- tion, and the value of all property that shall be transferred by reason of such alteration. The auditor shall sug- gest a decree, which shall be confirmed nisi by the court, and absolutely, if exceptions be not filed within ten days, or an appeal taken by a party in interest. Any decree shall be enforced by the court as are those in equity.^® Effect of Division of Township. 26. Where a borough is carved out of a township it remains subject to a local statute providing for summary proceedings, when such statute was the law of the whole territory embraced by the township.^''' So a township situated in a new county, v.'hich has been taken from the territory of an older one, is sub- ject to a local act governing township organization which ap- 23 Act May 13, 1879, P. L. 52, Sec. 4, i P. & L. Dig. 1019. 24 Plunkett's Creek Twp. vs. Crawford, 27 Pa. 107. 25 Act May 11, 1901, P. L. 177, 4 P. & L. Dig. 655. 26 Act May 11, 1901, P. L. 177, 4 P. & L. Dig. 656. 27 Com. vs. Ayers, 17 Pa. Sup. 352. ADJUSTMENT OF INDEBTEDNESS, 3 1 plied to the whole territory before the division.^^ Where the new township is erected from several having inconsistent laws, it would seem that such are incapable of enforcement.^^ In case a new township is created the justices of the peace within the territory from which it is taken shall continue for the proper township in which they reside for the balance of the official term. Any deficiency in the number allowed b^/ the Act of June 21, 1839, shall be supplied at the next succeeding elec- tions for constables in such townships.^^ 28 Com. vs. Carson, 21 Pa. Sup. 48. 29 Com. vs. Baker, 4 Pa. C. C. 34. 30 Act May 9, 1846, P. L. 105, Sec. i, i P. & L. Dig. 2538. CHAPTER IV. CLASSES OF TOWNSHIPS. SECTION SECTION 27. Classification of townships. 29. Constitutionality of classifica- 28. Method of determining the tion. class. 30. Effect of classification. Classification of Townships. 27. Prior to 1899 all townships were of the same class, hav- ing the same powers and duties, except as affected by local leg- islation. In that year a classification was adopted. The pur- pose thereof was expressed in the preamble to the legislation : "Whereas, In those more populous townships of the Com- monwealth, which are in a large measure devoted to residential purposes, there is need of a form of municipal government hav- ing greater powers than are now possessed by the local govern- ments of townships under existing laws," that, therefore, the legislation was enacted.^ By a subsequent enactment the method of classification was altered.^ As modified it is directed "that for the purpose of legislation, regulating their municipal affairs, the exercise of certain cor- porate powers, and having respect to the number, character, powers and duties of certain officers thereof, the townships now in existence and those to be hereafter created in this Com- monwealth, shall be divided into two classes. Those town- ships having a population of at least three hundred to the square mile as shown by the United States census or as ascertained in the manner hereinafter provided, shall be town- 1 Act April 28, 1899, p. L. 104, 4 P. & L. Dig. 912. 2 Act May 11, 1901, P. L. 160, 4 P. & L. Dig. 912. 32 CLASSES OF TOWNSHIPS. 33 ships of the first class. All other townships shall be townships of the second class." Method of Determining tlie Class. 28. "It shall be the duty of the county commissioners in every county of the Commonwealth to ascertain whether any township in the county comes within the conditions hereinbe- fore set out as constituting a township of the first clasS; and by proclamation, to be issued prior to the first day of January fol- lowing the ascertainment of population by the decennial census of the United States, to designate the townships of the first class, if any, within the county, and by proclamation, to be is- sued prior to the first day of January of each of the intervening years, to designate the townships, if any, which since the last preceding proclamation have been ascertained to come within the said conditions and to be townships of the first class ; and in all townships so designated, the officers provided for by this act shall be chosen at the municipal election then next ensuing, and the township government constituted by this act shall go into force on the first Monday of March then next ensuing. Said proclamation by the county commissioners shall be adver- tised in two newspapers published in the county." "At any time, not less than two years before the time fixed for taking a decennial census of the United States, whenever twenty or more freeholders residing in any of the townships of the second class shall present their petition to the court of quarter sessions of the county, averring that the population of said township has become and is at least three hundred to the square mile, and shall give such security as the court m^ay pre- scribe for the payment of all costs and expenses which may be incurred in any proceedings had upon said petition, the said court shall appoint a competent commissioner to make an en- rollment of the inhabitants of the said township, and to report the said enrollment, with a finding of the population of the said township, during the next ensuing term of the said court. 34 LAW OF TOWNSHIPS IN PENNSYLVANIA. Upon the filing of the report of the said commissioner, the same shall be confirmed nisi, said confirmation to become absolute unless excepted to within twenty days thereafter, during which time notice of the said filing and confirmation shall be adver- tised in a newspaper of said county once a week for three weeks. If exceptions are iiled to the said report within the said period, the court, upon consideration thereof, shall confirm the said report or modify the said finding, and thereupon the clerk of the court shall certify to the county commissioners of the county the population of the said township as shown by the said proceedings. The costs and expenses of the said proceedings, including a reasonable fee for the said commissioner shall be paid by the said petitioners or by the townships, or partly by each, as the court shall direct." ^ In determining the population non-permanent residents in an insane asylum are to be excluded.'* A special law dividing a township into two wards is superseded by this legislation, the division being merely for election purposes, and both are to be considered as one.^ Where a township is proclaimed one of the first class, and officers are elected and measures passed, it re- mains a township of that class, although by the census return it lacks the requisite population.^ If exceptions filed to the report of the commissioner appointed to determine the popula- tion, as directed by the Act of May ii, 1901, be overruled, an appeal may be taken, but the record alone will be examined, it being an appeal in name^ but a certiorari in fact.''^ Constitutionality of Classification. 29. The Act of April 28, 1899, and its supplement, classi- fies townships according to the density of their population, and 3 Act May 11, 1901, P. L. 160, 4 P. & L. Dig. 912-4. 4 Crawford vs. Commissioners, 25 Pa. C. C. 380, s. c. 10 D. R. 649: 32 Pitts. L. J. 54. 5 Com. vs. Rooney, 10 Kulp 317, s. c. 10 D. R. 745. 6 Crescent Twp. Case, 31 Pitts. L. J. 297. 7 Springdale Twp., 20 Pa. Sup. 381. CLASSES OF TOWNSHIPS. 35 is not unconstitutional as special local legislation. In Commonwealth vs. Blackley,^ in which the appellate court upheld the constitutionality of this legislation it was said by the lower court in an opinion adopted by the Supreme Court : "As to the mode of classification by the density instead of by the bulk of the population, we cannot see that it is liable to just criticism. In classifying cities which are ex vi termini great centers of a crowded population, the character of the city is sufficiently determined by the number of inhabitants, but in classifying townships, which constitute the whole residuum of the Commonwealth, not yet organized into boroughs or cities, and of which some are very large, and some are very small, it would seem to be more reasonable, if they are to be classified at all, not to classify them by number of popula- tion, which would put into different classes communities ex- actly similar in their wants as to roads, sidewalks and other matters concerning their municipal government, but to classify them on the same principle on which boroughs are erected out of townships, namely, on the density of their population. The result, we think, is general, and not special legislation." The same determination was reached in P. & R. Coal and Iron Co.'s Case.^ In Plains Township Case ^^ the same ruling was made.^^ Effect of Classification. 30, The act providing for the classification repeals incon- sistent legislation, but except as modified by the Act of 1899, and its supplements, existing laws continue in force until changed, modified or repealed by legislation relating expressly 8 Com. vs. Blackley, 198 Pa. 372. 9 Phila. & Reading Coal and Iron Co.'s Petition, 200 Pa. 352, affirming 16 Sup. 260, which reversed 23 Pa. C. C. 587. 10 Plains Twp. Case, 16 Sup. 262. 11 Reversing 30 Pitts. L. J. 300, s. c. 10 Kulp 12, 7 North. Co. 207, 17 Lane. L. R. 302, 9 D. R. 379. 3 36 LAW OF TOWNSHIPS IN PENNSYLVANIA. thereto.^^ Thus, the local Act of April 14, 1853, relating to the election of a township treasurer, in Mifflin township, one of the first class, was repealed.^ ^ So was an act providing for the election of township officers.^^ So the Act of June 12, 1893, permitting taxpayers of the township to contract for making at their own expense the roads, and thereby preventing the levy and collection of a road tax therein, was rendered inoperative as to townships of the first class. ^^ The creation of townships of the first class did not repeal the laws in relation to boroughs, providing for annexation of townships, or parts thereof.^® Nor change the method of di- viding townships, though of the first class. ^^ Nor did it make the township such a municipal corporation as a borough or city, the consent of whose authorities to the construction of a street railway suffices, without the consent of the abutting property owners. Such must be obtained as in a township of the second class. ^® 12 Act April 28, 1899, p. L. 104, Sec. 3, 4 P. & L. Dig. 914. 13 Com. ex. rel. vs. Blackley, 198 Pa. 2i7^- 14 Com. vs. Rooney, 10 D. R. 745, s. c. 10 Kulp 317. 15 Phila. & Reading Coal & Iron Co.'s Ap., 200 Pa. 352, affirming 16 Pa. Sup. 260; Plains Twp., 16 Sup. 262. See now the Act of May 24, 1901, P. L. 297, 4 P. & L. Dig. 917. 16 Alliance Borough, 7 North 396, s. c. 2 Blair 34. 17 Stowe Twp. Division, 23 Pa. Sup. 285. 18 Dempster vs. United Traction Co., 205 Pa. 70. CHAPTER V. SCHOOL DISTRICTS. Formation. Independent school districts. The petition. Commissioners. The return. Costs. When new district recognized. Abohtion of independent dis- tricts. 39. Annexation to district. AnnulHng of annexation. Formation of new district by creation of borough. Adjustment when new district formed. 43. Adjustment continued. 31- 32. 33- 34- 35. 36. 37. 38. 40, 41- 42. 44. Adjustment continued. 45. Adjustment where lines altered or independent district abol- ished. 46. Adjustment where lines of bor- ough altered. 47. Adjustment where any district is enlarged. 48. Adjustment where borough erected from township is merged into one or more boroughs, and ceases to ex- ist. 49. Classification of school dis- trict. Formation. 31. Prior to 1849 school districts and sub-districts existed throughout Pennsylvania. By the Act of April 7th, of that year,^ every township, borough or ward in the Commonwealth was made a school district, and the directors were required to establish a sufficient number of common schools in each. By the 38th section of this act, which repealed all former acts rela- tive to the common school system, which were supplied by or inconsistent with its provisions, these sub-districts were abol- ished. The act did indeed provide that sub-districts could be formed, and if so, should not be altered or abolished, except I Act April 7, 1849, P. L. 441. 37 38 LAW OF TOWNSHIPS IN PENNSYLVANIA. with the consent of a majority of the citizens of the sub-district, ascertained at a pnbHc meeting for that purpose, or by writing signed by their names and addressed to the board of directors. The general Act of May 8, 1854,^ followed. It was designed to provide a complete system of common school education, in lieu of that which had existed before its enactment. It de- clared that every township, borough and city of this Common- wealth should constitute and be a school district, subject to its provisions, with the qualification that any township which is or may become connected with a township, in the assessment of county rates and levies, shall with this township, form one township.^ The 52d section repealed all former acts and parts of acts relative to the common school system, and all laws re- lating to or creating independent districts, or authorizing the establishment of sub-districts, and the appointment of commit- tees. The repealing clause of the Act of 1849, therefore ob- literated all sub-districts created before that time, and the Act of 1854 abolished all created to that time.* Independent School Districts. 32. "Since 1854, a settled policy of the law of Pennsylvania has been to make school districts correspond with the divisions of the counties into townships or boroughs. So essential to the welfare of the common school system was this general rule re- garded, that the Legislature provided for the abolition of in- dependent districts, except where the court, upon application, and after careful consideration, should conclude that there were sufficient reasons for their continuance, and in order to prevent the improper creation of such districts, thus restoring one of the great evils, which had grown up under the old system, the I>egislature declared the true intent and meaning of the act cre- ating independent districts." ^ 2 Act May 8, 1854, P. L. 617, i P. & L. Dig. 747. 3 Act May 8, 1854, P. L. 617, Sec. 2. x P. & L. Dig. 748. 4 Conley et al. vs. School Directors of West Deer Twp., 32 Pa. 194. 5 In re School District in Marcy Twp., 5 Kulp 61. SCHOOL DISTRICTS. 39 Provision was made for the establishment of such districts in cases of absolute necessity by the Act of May 8, 1855.^ The circumstances under which such action shall be taken were ex- plained by the next Legislature : "The true intent and meaning of the provisions of the supplement to the general school law, approved the 8th day of May, 1855, for the creation of inde- pendent school districts, was, and is to provide in a guarded manner for exceptions to the general rule, and to protect and promote the educational welfare of occasional localities, that, from natural or other adequate obstacles, could not be properly provided for under the organization of township districts ; and further, it was not the intention to cut up townships into single school districts, nor to carve out the wealthiest from the poorer portions of a township or townships, to the prejudice of the rights and interests of the latter." '^ From 1854 to the adoption of the Constitution of 1874 it was possible for the Legislature, by act of Assembly to erect in- dependent school districts. An illustration of this power is found in the Act of February 23, 1869,^ establishing Brain- trim district from Auburn township, in Susquehanna county, and Braintrim township, in Wyoming county.^ Such legisla- tion is now prohibited by article 3, section 7 of the Constitu- tion of 1874.^° The Petition. 33. The Act of 1855 directs the institution of such a pro- ceeding upon the petition of not less than 20 taxable inhabi- tants of the township or townships, desiring the formation of the territory upon which they reside into a separate and inde- pendent common school district, and setting forth the bounds 6 Act May 8, 1855, P. L. 509, Sec. 5, i P. & L. Dig. 748. 7 Act May 20, 1857, P. L. 587, Sec. i, i P. & L. Dig. 749. 8 Act Feb. 23, 1869, P. L. 233. 9 Braintrim Ind. S. D., 22 Pa. C. C. 190. 10 I P. & L. Dig. 55- 40 LAW OF TOWNSHIPS IN PENNSYLVANIA. of such proposed district.^ ^ The petition must set forth all the facts, which furnish the reasons for the separation. It must show obstacles, natural or artificial, and of a physical charac- ter, which would authorize such order by the court. Necessity and not expediency must be the test.^^ Commissioners. 34. If valid reasons be set forth in the petition, the court of quarter sessions shall appoint commissioners to view the prem- ises and report to the court at its next term, the lines of the proposed new district, either according to the bounds set forth in the petition, or to such other bounds as they shall think more advisable, together with their opinion of the expediency of es- tablishing or not establishing the same, the proceedings upon which petition, commission, and report and the final disposition thereof shall, in all other respects, be according to the act of Assembly now in force, relative to the creation of new town- ships.^^ The commissioners must give notice of the time and place of the view, or the report will be set aside.^^ The order must di- rect at least ten days' special notice to be given to the school di- rectors of the district from which the new one is to be taken.^*^ This is in addition to the general public notice to be given by the commissioners by hand bills, or otherwise to the general public.^ ^ A report is not sufficient which states that special notice was given to the school directors, which does not state that this was done ten days prior to a meeting. ^'^ If it affirma- 11 Act May 8, 1855, P. L. 509, Sec. 5, i P. & L. Dig. 748. 12 Hatfield Twp. Independent School Dist., 42 L. I. 277; South Abing- ton School Dist., i D. R. 696; 11 Pa. C. C. 602; Spring Garden Indepen- dent School Dist., 7 York 181 ; Mt. Pleasant Independent School Dist., 10 Pa. C. C. 588; Independent School Dist. in Franklin Twp., 22 Pa. C. C. 43. 13 Act May 8, 1855, P- L- 509, Sec. 5, i P. & L. Dig. 748. 14 Sewickley Twp. Ind. S. D., 33 Pa. 297. 15 Clearfield Ind. S. D. 79 Pa. 419. 16 Wilkins Twp. S. D., 70 Pa. 108. 17 Clearfield Ind. S. D., 79 Pa. 419. SCHOOL DISTRICTS. 4I tively appears that both notices were given, but it is not set forth, how that to the general public was conveyed, proof may be offered that it was by posting hand bills, as a result of which many attended.^ ^ Should it appear that a public hearing was given after notice, but that an adjourned hearing was held for the considering complaints of remonstrants, of which no notice was given to the petitioners, the proceedings will be defective.^ ^ The Return. 35. The return must show the natural or other adequate ob- stacles which make it necessary for the educational welfare of the inhabitants, that the new district be created. The omission to do so is fatal and is not cured by calling witnesses to prove the existence of the necessary facts.^^ If the obstacles be such as can be provided for by the old district, no division should be made.^^ And the obstacle cannot be of any other than a physi- cal character.^^ The mere fact that the nearest school is at an inconvenient distance is not sufficient reason.^ ^ Nor that the school houses are insufficient or in bad condition.^^ Nor that the school directors are inattentive.^^ Nor the fact that it is necessary to cross a railroad track upon which children walk, when a public road is provided.^^ Even if there be such an ob- stacle as a bridge and a railroad track, an independent district will not be created where there is a school in the part desired to be cut off.^^ 18 Marcy Twp. Ind. S. D., 5 Kulp 61. 19 Huntingdon Twp. Ind. S. D., 5 Kulp 473. 20 Warminster Township Ind. S. D., i D. R. 610; School District in Franklin Township, 22 Pa. C. C. 43; 8 D. R. 370, Foxburn Ind. S. D., 25 Pa. C. C. 226. 21 Mt. Pleasant Twp. Ind. S. D., 10 Pa. C. C. 588. 22 Hatfield Twp. Ind. S. D., 42 L. I. 277, s. c. 2 Walker 169. 23 Ind. S. D., 2 Chester 132. 24 Ind. S. D. in Franklin Twp., 22 Pa. C. C. 43 ; 8 D. R. 270. 25 Spring Garden Ind. S. D., 7 York 181. 26 Warminster Twp. Ind. S. D., i D. R. 610. 27 Marcy Twp. Ind. S. D., 5 Kulp 61. 42 LAW OF TOWNSHIPS IN PENNSYLVANIA. As required by the first section of the Act of 1855, a draft must be returned with the report of the commissioners. If such a plot, showing the Hues of the new township be not an- nexed, the report is defective.^^ Not only must the new lines be given, but those of the old district, from which the new is taken must appear.^^ Costs. 36. If the proceedings result in the establishment of a new common school district, the cost of the commission, and the office fees shall be paid by the said new district ; but if other- wise said costs and fees shall be paid by the petitioners them- selves.^^ When New District Kecognized. 37. When a new district shall hereafter be formed, such dis- trict shall not be considered and recognized as a separate and independent school district until after the termination of the current school year, in which it became a new district, and un- til it shall have a full board of directors regularly elected or ap- pointed and organized, except that the directors thereof shall have authority to levy, assess and collect tax, procure school houses, and do all other acts necessary to the commencement of the schools for the ensuing year.^^ This was true under prior legislation.^^ Abolition of Independent Districts. 38. The Act of 1857, explanatory of the Act of 1855, di- rected that if the court should erect an independent district in violation of the principles set forth, that the court of quarter sessions, upon application of not less than twenty citizens of the township or borough affected thereby, should open its de- 28 Sewickley Twp. Ind. S. D., S3 Pa. 297. 29 Wilkins Twp. S. D., 70 Pa. 108. 30 Act May 8, 1855, P- L. 509, Sec. 5, i P. & L. Dig. 748. 31 Act May 8, 1854, P. L. 617, Sec. 3, i P. & L. Dig. 750. 32 Williams vs. Crook, 17 Pa. 199. And applies where a borough is di- vided. Hunlock vs. Jones, 9 Kulp 278. SCHOOL DISTRICTS. 43 cree, and, after a re-examination on the merits, confirm or an- nul such district as the evidence might require. No indepen- dent district shall be created without the unanimous concurrence of the court. ^^ A new district may be abolished under this pro- vision, where the report of the commissioners appointed to view failed to set forth an obstacle making it necessary.^* But a pe- tition to so annul which avers injury, but fails to state that the township was cut up into single school districts, or that a wealthier portion was taken from a poorer part, to the preju- dice of the latter's rights, will be dismissed as not in compli- ance with this legislation.^^ A writ of error does not lie from the decree of the court refusing to annul its confirmation of the report establishing the new district. ^^ By the same act, provision was made for the abolition of such districts as had been properly created. By petition one-third of the taxable citizens of the school district, from which the independent school district was established, may ap- ply, whereupon the court shall hear and determine, and if it sees fit discontinue.^'' But the court will not abolish under this act where the district has been created by special Act of As- sembly.^^ Such proceeding must be had before the court can enlarge or absorb the district in a new independent district. ^^ It may abolish the whole, but not a part of the independent dis- trict.^*^ These acts have been amended by the Act of 1903,^^ 33 Act May 20, 1857, P. L. 587, Sec. i, i P. & L. Dig. 749. This applies lo Districts created after 1857. Greenwood Twp. Ind. S. D., 19 Pa. C. C. 452 ; contra Harrisville Bor. Ind. S. D., 6 Pa. C. C. 469. 34 Greenwood Twp. Ind. S. D., 19 Pa. C. C. 452. 35 Harrisville Bor. Ind. S. D., 6 Pa. C. C. 465- 36 Brown vs. Ind. S. D., 16 Atl. 32, s. c. i Mona. iii. 37 Act May 20, 1857, P. L. 588, Sec. i, i, P. & L. Dig. 750. 38 Braintrim Ind. S. D., 22 Pa. C. C. 190, but see Act of April 22, 1903, P. L. 237. 39 Foxburg Ind. S. D., 25 Pa. C. C. 226. 40 Lagrange vs. Ind. S. D., 7 D. R. 719. 41 Act of April 22, 1903, P. L. 237, supplanting Act of May 12, 1897, P. L. 55. 44 LAW OF TOWNSHIPS IN PENNSYLVANIA. which provides, "That in all cases where an independent school district has been created by any of the courts of quarter sessions of the place of this Commonwealth, or by Act of Assembly, it shall be lawful for the court of quarter ses- sions of the county in which such independent district is lo- cated, upon application to said court of a majority of the tax- able citizens resident within the limits of such independent school district, by petition, setting forth that they desire the abolition of said district, to hear and determine the application upon its merits, and if deemed expedient, the said court shall discontinue the said independent district. This act does not apply to independent school districts composed of parts of ad- joining counties. (Section 3.) It was held under the Act of 1897, the petition must be signed by a majority of both dis- tricts from which the new district was taken. A majority of a part of the district is not sufficient.^^ Annexation. 39. The courts of quarter sessions have authority to annex land of persons resident in one township or borough to another township, borough or to a city containing not more than 10,000 inhabitants, so that when so annexed, the applicant shall pay school taxes and be included within the school district to which it was annexed for educational purposes, and remain connected with the district or township, or borough of his residence for all other purposes. The court shall proceed by view or review in the manner, and under the restrictions provided by the Act of April 15, 1854, and its supplements, in regard to the al- teration of the lines of two or more adjoining townships, pro- vided the costs of the proceeding shall be paid by the persons applying for the change, and provided further that the trans- fer of lands, or parts thereof, of residents of a township or borough to any such city for school purposes shall only be by 42 Lagrange Ind. S. D., 7 D. R. 719. SCHOOL DISTRICTS. 45 and with the consent of the board of school directors of both districts.^^ This act authorizes annexation on the petition of the land owners only,'*'' The granting of the petition is within the dis- cretion of the court.^^ And if the report of the viewers has been confirmed by the lower court, the appellate court will not review the proceedings on their merits.'*^ Only those who make application can be included in the decree 6f the court.*'^ The petition will be defective if it does not set forth that the land proposed to be annexed adjoins the township to which it is desired to be joined.^® And the annexation will be refused when it does not appear that the lands do so adjoin.'*^ The report must be filed at the next regular term, and it cannot be entered nunc pro tnnc.^'^ One who resides on lands annexed in accordance with this act is brought within the new district for all purposes for which it is formed, including the right to vote for school directors. ^^ Annulling of Annexation. 40. By the Act of June 8, i88i,^^ the court of quarter ses- sions may annul the decree by which the land was annexed, if it is deemed expedient, upon the petition of one-third of the tax- able citizens of the township or borough in which said land is situated. By subsequent legislation it was made lawful for the court to annul and vacate the order and decree, annexing said lands, upon petition of the residents of the land so annexed, or a ma- 43 Act of April 17, 1876, P. L. 38, Sec. i, i P. & L. Dig. 753. 44 In re Easttown S. D., 4 Del. Co. 49. 45 Watson's Petition, i Chest. 496. 46 In re Elk Twp. S. D., 146 Pa. i. 47 Tredyfifrin S. Lands, 7 Pa. C. C. 228. 48 Wolfe's Petition, 8 Kulp 181. 49 Heidler's Petition, 122 Pa. 653. 50 Mt. Pleasant School District, 20 Pa. C. C. 60. 51 Colvin vs. Beaver, 94 Pa. 388. 52 Act June 8, 1881, P. L. 69, Sec. i, i P. & L. Dig. 754. 46 LAW OF TOWNSHIPS IN PENNSYLVANIA. jority of them, and with the consent of the board of school di- rectors of both districts interested. ^^ Proceedings to so detach must be conducted by virtue of one of the two acts mentioned, and not by the appointment of view- ers under the Act of April 17, 1876.^*' Formation of New District by Creation of Borough.. 41. By the Act of 1854,'^''^ every township and borough is made a separate school district. When therefore a borough was created from a township a new district was created, one re- taining the old name, and the other assuming that of the new borough. This was true under this legislation although the part of the old district remaining was very small and had but a scant population.^^ By subsequent legislation ^^ it is provided that where a borough is erected from a township leaving the remaining portion of the township without a school house, and with less than ten resident freeholders, and less than twenty-five resi- dent children between the ages of six and sixteen years, then the creation of such borough shall not cause a division of the school district, but it shall remain as it existed theretofore. When- ever it is made thereafter to appear to the court of common pleas by a petition of at least twenty freeholders of such un- divided school district at a proper hearing that a portion of such school district outside of the borough has at least ten resident freeholders and twenty-five resident children, then the court may decree a division into two districts. This legislation is not retroactive.^*^ Adjustment When New District Formed. 42. "When a new school district is formed, the court estab- 53 Act June 2, 1891, P. L. 172, i P. & L. Dig. 754. 56 Newry S. D., 11 Pa. Sup. 592. 57 Act May 8, 1854, P- L- 617, Sec. i, i P. & L. Dig. 747. 58 Old Forge S. D. Indebtedness, 22 Pa. Sup. 239. 59 Act February 5, 1903, P. L. 4. 60 Old Forge School District's Indebtedness, 4 Lack. J. -^62. SCHOOL DISTRICTS. 47 lishing the same shall determine, on hearing, whether an un- due proportion of the real estate and school houses, belonging to the old district or districts, are within the bounds of the new district, and, if so, how much money shall be paid therefor by the new to the old district or districts, and if any money be on hand or debt unpaid, or any tax or other claims be uncollected, after the settlement of all accounts of the current year, the proper court shall divide said money or debt, amongst the districts, in such proportions, and shall make such order as to uncollected tax, or other claims as shall be just; and any sum thus decreed to be due by any district, to any district or in- dividual, shall be entered, in the nature of a judgment, against the same, and shall be subject to execution in the manner pre- scribed by section 21 of the general common school law of May 8, 1854." ^^ This section applies only to the case of the formation of a new district.^^ And such a new dis- trict is created by reason of the formation of a borough.'^^ This legislation is remedial, and must be liberally construed. ^^ The petition must contain all facts essential for the infor- mation of the court. It should set forth the time and manner of the formation of the new district; what real estate and school houses belonged to the old district, with the value thereof, and what portion is within the bounds of the new; whether the part situated in the new district is an undue pro- portion ; and whether any money, debt, tax, or claim exists or is uncollected after the settlement of the accounts of the cur- rent year.l^^ The application must be presented to the court of the county in which the district is situated.^® 61 Act April II, 1862, P. L. 471, Sec. 11, i P. & L. Dig. 752. 62 Wilkins Twp. School District, 18 Pa. Sup. 293. 63 In re Abington S. D., 84 Pa. 179; In re Jenkintown S. D., 6 W. N. C. 65. See now the Act June 24, 1895, P- L. 259 ; In re S. D. Luzerne Borough, 3 Kulp 162. 64 In re Jenkintown S. D., 6 W. N. C. 65. 65 In re Roaring Brook S. D., i Lack. Jur. 323. 66 In re South Covington S. D. Ind., 3 C. P. Rep. 170 — here a new county had been erected after division. 48 LAW OF TOWNSHIPS IN PENNSYLVANIA. The right to contribution for real estate accrues only to the old district where the new has an undue proportion, but not to the new where the old retains an excess. This distinction is not observed as to the division of assets of a personal nature.*'' So the new would be entitled to its share of the State appro- priation.*'^ Adjustment Continued. 43. The court establishing the district is given jurisdiction. It has been assumed by the common pleas, ^^ and by the quar- ter sessions. '^'^ The power of the court is to be invoked by the petition of a dismembered district."^ ^ In the petition of Borough of Gilberton "^^ both the old and the new school districts united in the petition. If the township from which the borough is cut off i*s again divided into two school districts, the new school district should not be permitted to intervene in the proceeding between the original township and the borough.'^^ In executing this power the court of quarter sessions may appoint commis- sioners.'^^ Or an auditor '^^ who makes report to the court. To this report exceptions may be filed on which the court may con- firm the report, amend it,''^® or refer it back to the commissioner 67 App. of S. D. of Aleppo, 96 Pa. 76. 68 Lower Allen Twp. S. D. vs. Shiremanstown S. D., 91 Pa. 182. 69 Butler Twp. S. D. vs. Gordon S. D., 10 Pa. C. C. 663. In re petition cf School Board of Gilberton, i Leg. Rec. R. 11; In re Jenkintown S. D., 6 W. N. C. 65. 70 In re Abington S. D., 84 Pa. 179; Williams Twp. vs. Williamstown, 9 Pa. C. C. 65. 71 In re Jenkintown S. D., 6 W. N. C. 65 ; In re Abington S. D., 84 Pa. 179; Williams Twp. vs. Williamstown, 9 Pa. C. C. 65; Appeal of S. D. of Aleppo, 96 Pa. 76. 72 Petition of School Board of Borough of Gilberton, i Leg. Rec. Rep. II. 73 App. S. D. of Aleppo, 96 Pa. 76. 74 In re Abington S. D., 84 Pa. 179 ; Lower Allen Twp. S. D. vs. Shire- manstown S. D., 91 Pa. 182 ; Appeal of School District of Aleppo, 96 Pa. 76. 75 In re Petition of Sch. Bd. of Borough of Gilberton, i Leg. Rec. Rep. II. 76 Williams Twp. vs. Williamstown, 9 Pa. C. C. 65 ; Butler Twp. S. D. vs. Gordon S. D., 10 Pa. C. C. 663. SCHOOL DISTRICTS. 49 or auditor for emendation J '^ In case the court does confirm, no right of appeal is given, though the record may be brought for review on certiorari, the regularity of the proceedings of the court below being alone considered.'^ One of the inquiries of the court is whether an undue pro- portion in value of the real estate and school houses is within the territory comprising the new district ; and, if so, how much money the new district must pay the old for this excess. Under the Act of 1862 the old is not obliged to pay the new for any excess of such real estate and school houses that may remain in it.''^^ The same has been held under the Act of June 24, 1895.^^ In determining the due proportion two methods have been adopted. By one, consideration is had of the number of taxpayers in the new and old districts, of the number of pu- pils, and of the amount of taxable property.^^ A so-called av- erage is said to be taken on the basis of these three elements.^^ By another method the ratio of the taxable property in the new district to that in the old district is regarded as furnishing the proper basis of division of the property. It has been said that the district should share the school property in the proportion in which they have contributed the money which purchased it. This is approximately the proportion which the taxable prop- erty in each bears to that in the other. Thus, if the taxable property in the new district is one-third of the taxable property in the old district, the new district should have one-third of the 77 In re Petition of Sch. Bd. of Gilberton, i Leg. Rec. Rep. 11. 78 Petition of School Directors of the Borough of Aliquippa, 172 Pa. 81. 79 Ap. of S. D. of Aleppo, 96 Pa. 76 ; Iti re Petition of School Board of Gilberton, i Leg. Rec. Rep. 11. 80 Act June 24, 1895, P. L. 259, 3 P. & L. Dig. 161 ; Munhall Bor. S. D. vs. Mifflin Twp. S. D., 207 Pa. 638. 81 In re Jenkintown School District, 6 W. N. C 65; Butler Township School District vs. Gordon S. D., 10 Pa. C. C. 663; In re Petition of School Board of Gilberton, i Leg. Rec. R. 11. 82 Butler Twp. S. D. vs. Gordon S. D., supra. 50 LAW OF TOWNSHIPS IN PENNSYLVANIA. school land and houses, and pay the old district the value of the excess beyond this one-third.®^ Adjustment Continued. 44. Another duty of the court is to consider whether any money is on hand or debt unpaid or other claims collected after the settlement of all accounts of the current year. It is the duty of the court to divide the money or debt amongst the districts in a just proportion. Only one method seems to have been observed for ascertaining this, i. e., that of ascertaining the ratio of the taxable property in the old and new districts. If the new district has one-third of the whole taxable property of the original district, it has a right to receive,^'* or having received, to retain ^° one-third of the money on hand, or any in- debtedness due the township, or moneys arising from taxes in the duplicate of years preceding the erection of the new district. The moneys collected by the township since, but due at the time of the division, the new district has a right to share. In the case of personal assets, the new district may recover from the old its proportionate share.^^ In the division of the State appropriation, the proper method of apportionment is based upon the number of tax- able inhabitants,^^* and the new district will be awarded its share though the sum was not paid by the State until after an adjustment was made.^'^ A debt due by the township must be divided in the same ratio as well as the interest which has accrued upon it.^^ In 83 Williams Twp. vs. Williamstown, 9 Pa. C. C. 65; In re School Dist. Luzerne Borough, 3 Kulp 162. 84 Butler Twp. S. D. vs. Gordon S. D., 10 Pa. C. C. 663 ; Williams Twp. vs. Williamstown, 9 Pa. C. C. 65 ; In re Petition Sch. Bd. of Gilberton, i Leg. Rec. Rep. 11; Appeal of S. D. of Aleppo, 96 Pa. 76; In re School Dist. Luzerne Borough, 3 Kulp 162. 85 In re Petition of Sch. Bd. of Gilberton, i Leg. Rec. Rep. 11. 86 Appeal S. D. of Aleppo, 96 Pa. 76. 86* In re S. D. Luzerne Borough, 3 Kulp 162; Darby Borough S. D., 160 Pa. 79. 87 Lower Allen Twp. S. D. vs. Shiremanstown S. D., 91 Pa. 182. 88 Williams Twp. vs. Williamstown, 9 Pa. C. C. 65. SCHOOL DISTRICTS. 5 1 case of adjustment where the new school district is found to have an undue proportion of the land and school houses, inter- est is allowable from a point of time subsequent to the division of the district, sufficiently long for the two districts to have hr.d their liabilities adjusted.^^ In case a balance is found, it has been said that interest should be allowed from the time the possession of the property was taken.^^ In case the old district sues the new district, a third district since erected out of the old, has no right to intervene, but must await the determination of the action, and then secure its pro- portionate part,^^ A review of the proceedings of the inferior court may be had upon certiorari, now called an appeal.^^ In case of an adjustment between an old and two new dis- tricts, an appeal by one of the two new districts will not act as a supersedeas as to the decree against the other, but an exe- cution may issue against it. The only defense in such case would be a lack of funds, in which case a special tax would be ordered. ^^ The amount due by the new to the old district is an asset to be considered in determining whether the limit of the borrowing capacity has been reached, though the exact amount due has not as yet been determined.^* Adjustment Where Lines Altered or Independent District Abolished. 45. By the tenth section of the Act of April, 1862,^^ pro- vision was made for adjustment where school districts were al- tered or independent school districts abolished. 89 Williams Twp. vs. Williamstown, 9 Pa. C. C. 65 ; here costs were di- vided because both parties were at fault. 90 S. D. of Twp. of Springfield vs. S. D. of Boro. of Morton, 7 Dela. 583. 91 Appeal of S. D. of Aleppo, 96 Pa. 76. , 92 In re Abington S. D., 84 Pa. 179. There was an appeal in In re Jenkintown S. D., 6 W. N. C. 65. 93 S. D. of Ridley Twp. vs. S. D. of Ridley Park, 4 Del. 97. 94 Dolan et al. vs. Lackawanna Twp. S. D., 10 D. R. 694, 7 Lack. L. N. 129. 95 Act April, 1862, P. L. 471, i P. & L. Dig. 751. 52 LAW OF TOWNSHIPS IN PENNSYLVANIA. It is directed that the school real estate and movable property within any detached portions of districts, or abolished dis- tricts, shall pass, with the territory on which they are situated to the district or districts, to which such territory has become detached, or reverts, with like right in the directors thereof to use or sell the same, as the proper directors had, before the al- teration, or abolition ; and if any money be on hand, or debt un- paid, or any tax or other claims be uncollected, after the settle- ment of all discounts of the current year, the proper court shall divide said money, or debt, amongst the districts thus acquiring territory, in such proportion, and shall make such orders as to uncollected tax, or other claims due by said abolished district to any person or persons, as shall be just ; and any sum thus de- creed to be due, by any district, to any district or individual, shall be entered, in the nature of a judgment, against the same, and shall be subject to execution in the manner prescribed by the 2 1st section of the general common school law, of the 8th of May, 1854. The supplementary legislation of 1903, provid- ing for the abolition of independent school districts, created either by Act of Assembly or by the court of quarter sessions, provides for the apportionment of the school property as di- rected by the prior laws.^^ This section of the Act of 1862 given, applies to all cases where there is an alteration by the court or by the lawful action of other competent authority.'''^ By virtue of it, the old district is entitled to compensation from the new district for its pro- portionate part of an unpaid debt,^^ but no provision is made for the payment for the excessive proportion of real estate re- ceived. Adjustment Where Lines of Borough Altered. 46. When a borough is changed in dimension by addition or 96 Act April 22, 1903, P. L. 237. 97 In re Abington School Dist., 84 Pa. 179. 98 Wilkins Twp. S. D., 18 Pa. Sup. 293. SCHOOL DISTRICTS. 53 subtraction, there must be an adjustment of the debts and of the property between the borough and the township. By the Act of June i, 1887,^^ the court is directed to appoint an audi- tor who shall give notice of time and place of meeting, hear the parties and make a report, suggesting a form of decree, adjust- ing liabilities for all indebtedness, and the value of property held or acquired by each. The court shall direct the amounts to be paid by one to the other, and the time and mode of pay- ment, and if necessary, to a proper and just adjustment of the same, may order and direct a special tax to be levied upon the property so annexed to or detached from the said borough for the payment of so much of the indebtedness as may be awarded against it, and direct how the same shall be assessed and col- lected. But this legislation applies only where the change was the result of proceedings in court, and not to a case of annexa- tion by a borough council unappealed from.^*^° If a new district is created by the change it has a right to the share of the value of the real estate that remains with the old district, and the old district has a right to a share of the real es- tate taken by the new.^*^^ In adjusting the rights of the sec- tions, what the property would bring in the market is not al- ways the proper measure of value. A court house, church or school house is worth more than would be paid for it for other purposes. The school houses must be estimated as such^ if they are worth more as such, than for any other purposes. ^"^^ In making division the proper ratio of distribution is the as- sessed values of the taxable properties in the respective dis- tricts. ^*^^ But the State appropriation should be divided ac- 99 Act June i, 1887, P. L. 285, i P. & L. Dig. 383. 100 Wilkins Twp. S. D., 18 Pa. Sup. 293. loi In re Division of Indebtedness of Darby and Collingdale S. D., 19 Pa. C. C. 314; 6 Del. 429; 10 York 60. 102 In re S. Dist. of Darby and Sharon Hill, 2 D. R. 485 ; 5 Del. 214. 103 Act June 24, 1895, P. L. 259, Sec. i, i P. & L. Dig. 161. 54 LAW OF TOWNSHIPS IN PENNSYLVANIA. cording to the ratio of the taxables.^^^ In forming the values, the auditor should not take the sum of all testified to, and divide the same by the number of witnesses. He should decide the case by the weight of the evidencc^^** An appeal may be had from the decree entered, but it will be treated as a certiorari^ and only the regularity of the proceed- ings will be considered by the appellate court.^^^ This legislation provides for the adjustment of indebtedness in those cases only in which the court of quarter sessions has acquired jurisdiction to enter a decree changing the limits of a borough. The jurisdiction is not limited to those cases in which the proceeding has had its origin in a petition directly to the court, but includes those cases in which the proceeding has been instituted by petition to, and an ordinance of, the borough council, and of which the court has acquired jurisdic- tion by appeal. ^"'^ Adjustment Where any District is Enlarged. 47. By subsequent legislation, ^"^^ further provision is made for adjustment when a portion of the district is annexed to any other district. The court of quarter sessions is directed to de- termine on hearing whether an undue proportion of the real estate and school houses belonging to the old district is within the bounds of the enlarged district, and, if so, how much money shall be paid therefor to the old district, and if any money be on hand, or debt unpaid, or any tax or other claims be uncol- lected, after the settlement of all such accounts prior thereto, the said court shall divide said money or debt amongst the dis- i-ricts in such proportions as shall be just making the proper orders as to uncollected tax or other claims. A judgment shall 104 In re School Dist. of Darby and Sharon Hill, supra; In re School District of Luzerne Borough, 3 Kulp 162. The same basis was followed in Darby Borough S. D.'s Appeal, 160 Pa. 79. 105 In re S. D.'s of Darby and Sharon Hill, supra. 106 Darby Borough S. D.'s Appeal, 160 Pa. 79. 107 Wilkins Twp. S. D., 18 Pa. Sup. 293. 108 Act April 3, 1903, P. L. 142. SCHOOL DISTRICTS. 55 be entered for any sum so decreed, which shall be subject to ex- ecution as provided in the general school law of 1854. Adjustment Where Township is Merged into One or More Boroughs and Ceases to Exist. 48. By the Act of June 24, 1895/^^ provision is made for adjustment in case a new district is formed by the erection of a borough out of any township which ceases to exist, and in case any township shall be merged into one borough, or into more than one borough. When merged into one borough, the school district of the borough shall succeed to all the rights and liabilities of the school district of the township, and shall be substituted for it in all actions pending or brought in behalf of or against it.^^*^ Where the township is merged into more than one borough, the court of common pleas of the proper county, sitting in equity, shall adjust and apportion the indebtedness, on hearing, and determine the proportionate share of the property to which each district is entitled. In so doing reference shall be had to the time of the formation of the new district, and to the debts existing at the end of the current school year in which it was formed, whether since paid or not, and also to the amounts of school taxes then unexpended, and the adjustment shall be based upon the assessment for the year in which the new dis- trict was formed. Pending actions for tort shall not be in- cluded unless reduced to judgment in the meantime. Three months' public notice shall be given of the time for presenting claims. Except pending actions, claims founded on tort, and bonded debt, all claims will be debarred if not offered. The notice shall be given in two newspapers of the proper county, but if one only be published, then in that, and in such other manner as the court may direct. The court may make proper orders as to the collection and 109 Act June 24, 1895, P. L. 259, 3 P. & L. Dig. 161. no Act June 24, 1895, P. L. 259, Sec. 9, 3 P. & L. Dig. 164. 56 LAW OF TOWNSHIPS IN PENNSYLVANIA. payment of the shares of the indebtedness due by the districts, ordering the levy of a tax, if necessary. If the court sees fit, a receiver may be appointed to collect moneys due, and pay over the same to the creditors. The school district of the borough shall be credited with the share of such indebtedness due to the school district of the township and also with its share of any unappropriated balance in the treasury of the school district of the township at the end of the current school year, during which the district was formed, and the court shall have power to equitably adjust and apportion the same. The costs of the proceeding shall be paid by the school districts in such proportions as the court shall adjudge. Orders of the court are to be enforced by attach- ment. This legislation does not repeal any existing Act of Assem- bly applicable to the same subject matter."^ Classification of School Districts. 49. There is no greater constitutional objection to the classi- fication of school districts than of cities. Both are included in the same clause of the Constitution prohibitory of local or special legislation, and there is no argument against classifica- tion of one that is not equally forcible against the other. So legislation providing for the adjustment of indebtedness in cer- tain cases is not unconstitutional.^^^ Or making special regula- tions where the district is coterminus with a city of the third class.^^^ The Legislature may therefore make special provision for school districts in townships of the first class or of the sec- ond class. Such is found in the power given school boards, in townships of the first class to organize mechanical art schools by the act of 1901.^^^ 111 Section 10. 112 Sugar Notch Borough, 192 Pa. 349 — Act of June i, 1887, P. L. 285, i P. & L. Dig. 383. 113 Com. vs. Gilligan, 195 Pa. 504; Com. vs. Guthrie, 203 Pa. 209. 114 Act Feb. 25, 1901, P. L. 10, 4 P. & L. Dig. 861. CHAPTER VI. ELECTION DISTRICTS. SECTION SECTION 50. Formation. 54. Consolidation of election dis- 51. Petition. tricts. 52. Review. 55. Change of polling places. 53. Effect of division. Ecrmation. 50. The nth section of article VIII ^ of the Constitution of Pennsylvania ordains that ''Townships, and wards of cities or boroughs, shall form or be divided in election districts of com- pact and contiguous territory in such manner as the court of quarter sessions of the city or county in which the same are lo- cated may direct; but districts in cities of over 100,000 inhabi- tants shall be divided by the courts of quarter sessions having jurisdiction therein, whenever, at the next preceding election, more than 250 votes shall have been polled therein; and other election districts, whenever the court of the proper county shall be of opinion that the convenience of the electors and the pub- lic interests will be promoted thereby." This clause of the Con- stitution abrogated previous laws respecting the forming of election districts.^ The Legislature cannot deprive the court of quarter sessions of this power. Hence that court may, if it chooses, ignore the prescription of the Act of May 18, 1876,^ which commands it to confirm the report of appointed commissioners unless ex- 1 Sec. II, Art. 8, Constitution of Pa., i P. & L. Dig. 78. 2 In re District Attorney of Dauphin County, 11 Phila. 645. 3 Act May 18, 1876, P. L. 178, i P. & L. Dig. 1766. 57 58 LAW OF TOWNSHIPS IN PENNSYLVANIA. ceptions are filed thereto within a given time. It may, despite that act, divide a township into election districts without ap- pointing commissioners, on an unsworn petition, which does not aver that the petitioners, or any twenty of them, are free- holders, and without any testimony taken for the information of the court.^ This case does not say that -the court may not inform itself by the report of the commissioners if it so desires.^ But this constitutional provision is not violated by the Act May 14, 1874,^^ prescribing a way in which the court may divide boroughs into wards.^ A school district constitutes in itself an election district for school purposes. So residents of a part of a township, annexed to a borough for school purposes, are entitled to vote for school directors in the latter.^ By the Act of May 18, 1876,^° amended in the second section by the Act of June 24, 1885,^^ it is provided that "the several courts of quarter sessions of this Commonwealth shall have au- thority, within their respective counties, to divide townships into two or more election districts, so as to suit the convenience of the inhabitants thereof." One division does not exhaust the power of the court of quarter sessions. Having already divided a township into two divisions by a line running eastward and westward, that court may, with a view to a re-arrangement of election districts, divide the entire township by a line running 4 In re Township of Bern, 115 Pa. 615. 5 West Brunswick Election District, 5 D. R. 598. In re New Garden Election District, 3 D. R. 375. In North Chester Election District, 3 Pa. C. C. 247, it was said that the Legislature had the power to regulate the man- ner and fix the conditions under which the jurisdiction of the court shall be exercised. Hence, the court held that a petition, with a jurat, signed by- twenty electors, was necessary. 7 Act May 14, 1874, P. L. 159, i P. & L. Dig. 385. 8 In re Eighth Ward of Norristown, 19 W. N. C. 510, 3 Pa. C. C. 475, 3 Montg. 89. 9 Colvin vs. Beaver, 94 Pa. 388. ID Act May 18, 1876, P. L. 178, i P. & L. Dig. 1766. II Act June 24, 1885, P. L. 149, i P. & L. Dig. 1767. ELECTION DISTRICTS. 59 north and south, containing a portion of the former north dis- trict with the residue of the former south district into an east- ern district, and the residue of the former north district with the residue of the former south district into a western dis- trict. ^^ Such re-arrangement is not an annexation of one elec- tion district to another, within the meaning of the 5th section of the Act of May 18, 1876, and it is not therefore necessary to submit the re-arrangement to a vote of the quaHfied elec- tors. ^^ Not only may a township be divided, but a previously existing election district forming a fragment of such township may be divided so that from part of such district, a new dis- trict may be erected.^"* Although the court of quarter sessions may, insisting on its constitutional jurisdiction, refuse to con- form to the Acts of May 18, 1876, and of June 24, 1885,^^ it doubtless may, if it chooses, conform to them. Petition. 51. The jurisdiction of the court of quarter sessions is to be invoked by petition.^® This must be an application by at least twenty electors of the township or election district, whose di- vision is sought.^ "^ If, however, less than this number of quali- fied persons are discovered to have signed the petition, after the appointment of commissioners, but before they have reported, the court may, on an affidavit of one of the petitioners, that such .1 mistake has been made, and praying for leave to amend the petition by adding additional signatures, permit the amend- ment. Nor will a re-appointment of the commissioners be nec- 12 In re Boggs Township, 112 Pa. 145. 13 In re Division of Nescopeck Twp., i Kulp 130. 14 In re Election District in Huntingdon Twp., 3 Kulp 367. 15 In re Twp. of Bern, 115 Pa. 615; Cf. Shamokin Borough Division, 6 Pa. C. C. 573. In re Boggs Twp., 112 Pa. 145, the applicability of the Act of May 18, 1876, is tacitly assumed. 16 In re Township of Bern, 115 Pa. 615; North Chester Election Dis- trict, 3 Pa. C. C. 247. 17 Scranton Election District, i Lack. L. Rec. 495; In re Thirtieth Elec- tion Division, 41 Leg. Int. 16. 6o LAW OF TOWNSHIPS IN PENNSYLVANIA. cssary after the amendment. ^^ Of the petitioners twenty must be electors, but they need not be freeholders.^^ Hence the peti- tion need not aver that they are freeholders. But it should aver that they are electors.^*' An affidavit of the truth of the facts set forth in the petition should accompany it.^^ It should not specify the number of districts to be produced by the division. The commissioners and court must have an untrammeled discretion in this respect.^^ If the petition is defective, the court may permit an amended one to be filed.^^ On the presentation of the petition to the court at a regular term ^'^ the court shall appoint three impartial men to inquire into the propriety of granting the prayer made. It is the duty of these commissioners, or of any two ^^ of them, to make a report, accompanying which shall be a plot or draft of the proposed new election district or districts, if the same can- not be fully designated by natural lines or boundaries.^^ They may prepare the plot with their own hands, may employ another to make it, or may adopt one prepared by counsel or the parties in interest.^ ^ On the return of the report of the commissioners, which must take place at the term of court next succeeding that at which i8 In re Election District in Huntingdon Township, 3 Kulp 367, La Porte Twp. Polling Place, 19 Pa. C. C. 497. 19 Act June 24, 1885, P. L. 149, i P. & L. Dig. 1767. 20 North Chester Election District, 3 Pa. C. C. 247. 21 North Chester Election District, 3 Pa. C. C. 247; In re Thirtieth Election District, 41 Leg. Int. 16, See LaPorte Twp. Polling Place, 19 Pa. C. C. 497- 22 North Chester Election Dist, 3 Pa. C. C. 247. In In re Boggs Twp., 112 Pa. 145, the petition asked for an inquiry into the propriety of dividing the township into two or more election districts. No remarks are made on this point. 23 North Chester Election Dist., 3 Pa. C. C. 247. 24 Scranton Election Dist, i Lack. Leg. Rec. 495 — this proceeding was urder the Act of 1876. 25 In re Boggs Twp., 112 Pa. 145. 26 Act June 24, 1885, P. L. 149, i P. & L.'Dig. 1767. 27 North Chester Election Dist., 3 Pa. C. C. 247. ELECTION DISTRICTS. 6l they were appointed,^^ and which must be accompanied by the opinion of the commissioners as to the propriety of the di- vision 2^ the report is to be confirmed nisi by the court, and this conditional confirmation will become absolute, unless excep- tions are filed to it not later than the third day of the next term of court.^*' These exceptions may be based on the ab- sence of the affidavit to the petition, or upon a failure to aver that the petitioners are at least twenty electors; on its im- proper specification of the number of districts to be produced by the division; or on the failure of the commissioners to re- port a plot, or to the fact that the reported one was not prepared by themselves; ^^ on the supposed excess of authority assumed by the commissioners in subdividing two contiguous election districts, and coupling each of the sub-divisions of one with the adjacent subdivisions of the other, thus forming new di- visions.^^ The exception, if founded on matters of fact, must be disposed of on evidence, as the court shall deem best. If the court finds the petition defective, it may give leave to the pe- titioners to file an amended one, within a limited time, and di- rect that if, within that time, such amended petition be filed, it shall be committed to the same commissioners, who shall hear the parties and report de novo.^^ If it is satisfied that a di- vision ought to be made, it can so decree, though the proceed- ings be irregular, since the power to divide is vested in the court, by section eleven of article 8 of the Constitution.^^ The report of the commissioners favoring the division is entitled to great weight, and should not be overruled, unless the 28 Act June 24, 1885, P. L. 149, i P. & L. Dig. 1767, Scranton Election Dist., I Lack. Leg. Rec. 495. 29 Act June 24, 1885, P. L. 149, i P. & L. Dig. 1767. 30 Act May 18, 1876, P. L. 178, Sec. 3, i P. & L. Dig. 1767. 31 North Chest. El. Dist., 3 Pa. C. C. 247; LaPorte Twp. Polling Place, 19 Pa. C. C. 497 ; Shamokin Boro. Div., 6 Pa. C. C. 573. 32 In re Boggs Twp., 112 Pa. 145. 33 North Chester Elec. Dist., 3 Pa. C. C. 247. 34 LaPorte T\vp. Polling Place, 19 Pa. C. C. 497- 62 LAW OF TOWNSHIPS IN PENNSYLVANIA. court is clearly satisfied that it is erroneous. ^^ But if the court is not satisfied that a new district is necessary to prevent diffi- culty in receiving the vote, it will refuse to so decree.^^ So if not satisfied with the propriety and a majority of the electors are opposed, it will refuse a division.^''' The Act of 1876, with its amendment of 1885, provides a complete method for di- vision. Hence, on a favorable report of the commissioners, the question will not be submitted to a vote of the people. ^^ Review. 52. If desired, a review may be had, if, in the opinion of the court, it is necessary to secure a fair adjudication; but the re- view must be asked for before the final confirmation of the com- missioners' report.^^ The review is not demandable of right, nor can the court award it of its own motion. That there are no exceptions to the report of the commissioners, is no obstacle to granting it. A request for a review would probably not be too late, although, in support of exceptions, testimony had been taken, and the confirmation of the report delayed several terms. On the other hand, there is no necessity to refuse the request for a review until the testimony has been taken. The review may be granted as well when the commissioners have re- ported favorably to a division of the township for electoral purposes as when they have reported contrariwise. The whole question of the propriety of the division, and not merely the exceptions to the report of the commissioners, is to be referred to and considered by the reviewers. But when there are no ex- ceptions to the report of the commissioners, the petition for a review should, on its face, show reasons for such review, or proofs, informing the court of the necessity for such review, 35 In re Elec. Dist. in Huntingdon Twp., 3 Kulp 367. 36 New Garden Election District, 3 D. R. 375. 37 West Brunswick Election District, 5 D. R. 598. 38 In re Division of Nescopeck Twp., i Kulp 130. 39 Sec. 3, Act May 18, 1876, P. L. 178, i P. & L. Dig. 1767. A review was refused in In re Boggs Twp., 112 Pa. 145. ELECTION DISTRICTS. 63 should accompany it.^^ When the reports of the commission- ers and of the reviewers are conflicting, the court is not bound to confirm the later of the two.^^ To the report of the reviewers exceptions may be filed. If deemed insufficient by the court, they will be overruled.^^ And the report opposing a division may be confirmed, and that of the commissioners, favoring a division, set aside.^^ Considera- tions which may influence the court in refusing a division are : The advantages of a single central voting place in facilitating the discussion of township affairs; the opinion of the review- ers; the smallness of the number of voters in the existing dis- trict, and of those of them who are accustomed to vote; the centrality of the present polling place, the convenience with v/hich it is reached from all parts of the township; the ear- nest opposition of a very large number of the inhabitants; the recantation of many who originally petitioned for the di- vision.** There is no review in the Supreme Court on the merits. The question of jurisdiction will be there considered.*^ Effect of Division. 53. By the fourth section of the Act of 1876,*^ the court of quarter sessions is directed, when the report is confirmed to de- cree and establish the place for holding the elections in the new election district, and to appoint the election board, for holding elections in the new district, until the election board shall be elected for the same, as provided for by law.*'^ Under the statute prior to 1874, it was held that the erection of the new 40 In re Division of Jackson Township, 2 Kulp 340. 41 In re Division of Jackson Township, 2 Kulp 340. 42 In re Division of Jackson Township, 2 Kulp 340, an exception deemed ineffectual was that there had been no exceptions to thei report of the com- missioners. 43 In re Division of Jackson Township, 3 Kulp 524. 44 In re Division of Jackson Township, 3 Kulp 524. 45 In re Boggs Township, 112 Pa. 145. 46 Act May 18, 1876, P. L. 178, i P. & L. Dig. 1767. 47 In re District Attorney, 11 Phila. 645. 64 LAW OF TOWNSHIPS IN PENNSYLVANIA. district, took away the powers of the election officers. ^^ In a proceeding under the Act of January 30, 1874,'*'' now amended by the Act of May 18, 1893,^^ which gave the court of com- mon pleas power to appoint in such case, it was said that when a new district was created entirely from an old district, that the old election officers should continue to act in the division bear- ing the old designation, and that new officers must be appointed for the new district.^-^ There is no doubt that the jurisdiction to appoint now rests in the court of quarter sessions by virtue of section 11 of article 8 of the Constitution, and of the Act of May 18, 1876. The provision in the Act of 1874, giving jurisdiction to the court of common pleas was amended by the Act of May 18, 1893, by striking out all reference to the va- cancies in election offices existing by reason of the formation of new districts. Consolidation of Election Districts. 54. By virtue of the Act of 1895, the court of quarter ses- sions of the county, in which the election districts are situated, is given jurisdiction, upon a petition of a majority of the qualified electors voting at the last general election in each of the two or more adjoining election districts, to consolidate the same. When this is done the court is directed to appoint the necessary election officers, and to fix the place for holding the first election thereafter in the consolidated district.^- Section 5 of the Act of May 18, 1876,^^ had previously fixed a method of consolidation by proceedings similar to those required for the division of the district, with the additional provision that the report of the commissioners should be submitted to a popu- lar vote at a special election. 48 Penn Dist. Election Case, Brightly E. C. 517. 49 Act Jan. 30, 1874, P. L. 31, Sec. 6, i P. & L. Dig. i72in. 50 Act May 18, 1893, P. L. loi, Sec. i, i P. & L. Dig. 1721. 51 Doulan's Case, i W. N. C. 12. See Gibbons vs. Sheppard, 2 Brewst. i. 52 Act June 26, 1895, P. L. 377, 3 P. & L. Dig. 274. 53 Act May 18, 1876, P. L. 178, Sec. 5, i P. & L. Dig. 1768. ELECTION DISTRICTS. 65 Change of Polling Places in Election Districts. 55. Provision was made by the Act of May i8, 1893,^* for the change of polling places. By virtue of it the court could change the same to a place more centrally located or more de- sirable.^^ A different method was provided by the Act of 1903,^^ which repealed all acts, or parts of acts, general or local, inconsistent with its provisions. It made such action law- ful by the county commissioners for any reason they deem proper upon petition of at least ten qualified electors of any township election division made at least three weeks prior to any election. The commissioners are given discretion to direct an election to settle the question as to where the said polling place shall be located. 54 Act May 18, 1893, P. L. 106, i P. & L. Dig. 1764. See also Act of July 2, 1839, P. L. 519, I P. & L. Dig. 1764, as modified by the Act of April 20, 1854, P. L. 419, as to the change in polling places for township elections. As to the effect of the Act of 1893, see Porter Twp. Election Case, 5 Pa. C. C. 217. As to change because of unfitness, see Act of April 17, 1866, P. L. 107, I P. & L. Dig. 1765, as modified by the Act of April 15, 1867, P. L. 86, I P. & L. Dig. 1765. As to change because of malignant disease, see Act of July 2, 1839, P. L. 519, I P. & L. Dig. 1765. Or from other un- avoidable causes, see Act June 13, 1883, P. L. 124, Sec. i, i P. & L. Dig. 1766 55 Polling Place of the Second Division of the Seventh Ward, 8 D. R 208 ; In re Polling Place, 9 Kulp 533. 56 Act April 14, 1903, P. L. 187. CHAPTER VII. POOR DISTRICTS. 56. Overseers of poor. 59. Expenditures. 57. County poor districts. 60. Completion of poor houses. 58. Poor houses. 61. Boards of Directors. Overseers of the Poor. 56. The Act of March 9, 1771,^ provided for the election of two overseers of the poor in every borough and township within the Commonwealth. By the Act of April 15, 1834,^ this office v/as abolished, and the powers imposed were transferred to the supervisors. This legislation was again repealed, except as to certain counties by the Act of February 28, 1835,^ ^^^ over- seers of the poor were again provided for. Similar officers are provided for in the general Act of June 13, 1836.^ The Act of June 4, 1883,^ amended the Act of June 27, 1881,^ and regulated the election of such overseers. This legislation was in turn amended by the Act of April 20, 1903,''^ which provided for the election of two overseers, of which one could be a female. It did not apply to counties having a county poor house, managed by directors, elected for that purpose, or by commissioners of such county, nor to districts having poor houses, managed by directors of the poor. 1 Act March 9, 1771, i Sm. L. 332. 2 Act April IS, 1834, P. L. 554, 2 P. & L. Dig. 4698. 3 Act Feb. 28, 1835, P. L- 45, 2 P. & L. Dig. 4698. 4 Act June 13, 1836, P. L. 541. 5 Act June 4, 1883, P. L. 66, Sec. i, 2 P. & L. Dig. 3526. 6 Act June 27, 1881, Sec. i, P. L. 120. 7 Act April 20, 1903, P. L. 246. 66 POOR DISTRICTS. 67 County Poor Districts. 57. By local legislation prior to the Constitution of 1874, special provision was made for the erection of poor houses for an entire county, and for the management of the same by a board of poor directors. New legislation was enacted June 4, 1879,^ which was intended to establish a general system for the relief and employment of the destitute poor throughout the State, its general plan or purpose being that each county shall be or become a single poor district.^ The consti- tutionality of this legislation was at first doubted. ^*^ But has now been approved. ^^ Poor Houses. 58. The question of the purchase of land for the erection of a poor house is to be submitted to the electors.^ ^ The form of the ballot to be used is set forth in section 4 of the same act.^^ A defect in the form of these ballots will not authorize the in- terference of a court in equity, where the vote was in favor of the poor house, as a result of which the land has been pur- chased, contracts made, and liabilities incurred.^^ Before the commissioners shall submit the question to the people a petition shall be presented to the court of quarter sessions by a ma- jority of the overseers of the poor in office in said county at the time of the signing of the petition, whereupon the court will order an election to be held at the time for holding township elections in February, at the general election in November, or at a special election ordered by the said court for the purpose. 8 Act June 4, 1879, P. L. 78, 2 P. & L. Dig. 3510. 9 Jenks Township Poor District vs. Sheffield Township Poor District, 13s Pa. 400. 10 Jenks Township Poor District vs. Sheffield Township Poor District, supra. 11 Rose vs. Beaver County, 204 Pa. 372, affirming 20 Pa. Sup. no. Com- monwealth vs. Summerville, 204 Pa. 300. 12 Act June 4, 1879, P. L. 78, Sec. 3, 2 P. & L. Dig. 351 1. 13 The proper form is found in Elkin vs. Potter County Poor District, 215 Pa. C. C. 531, s. c. 4 Dauphin County 213. 14 Elkin vs. Potter County Poor District, supra. 68 LAW OP' TOWNSHIPS IN PENNSYLVANIA. Such elections shall be conducted by the regular election offi- cers, according to the laws governing municipal and general elections within the Commonwealth. Sixty days' notice of such election shall be given by the sheriff of the county by publication in two newspapers published within said county. ^^ Expenditures. 59, To carry out the purpose of the Act of 1879, after voting in favor of a poor house, county commissioners are authorized to borrow money and issue bonds therefor, and negotiate the same for the purpose of raising money necessary to carry out these provisions. Such bonds shall not be for less than $100,00. nor bear interest at a higher rate than 6 per cent. They shall be payable by the said poor district, and shall not be sold below par; they are only subject to taxation for State purposes. ^^ Completion of Poor Houses. 60. When the poor house is completed, personal notice of the same must be given to each of the overseers, and also by publi- cation in at least one newspaper, published in said county.^'' And the overseers shall remove the poor persons, entitled to re- lief to the said poor house, and deliver them to the custody of the Director or Superintendent.^^ After the delivery of the paupers, all claims and demands in favor of or against the sev- eral poor districts of said county shall be fully settled and ad- justed by the overseers thereof, and after such claims and de- mands are so settled and adjusted, all moneys from whatever source derived, remaining in the hands of overseers, as well as all uncollected taxes levied for the support of the poor of such district, shall be paid over to the supervisors of the highways of 15 Act June 19, 1897, P. L. 175, 3 P. & L. Dig. 465. 16 Act June 4, 1879, P. L. 78, Sec. 5, 2 P. & L. Dig. 351 1. 17 Act June 4, 1879, P. L. 78, Sec. 9, 2 P. & L. Dig. 3512. 18 Act June 4, 1879, Sec. 10, 2 P. & L. Dig. 3512. POOR DISTRICTS. 69 said county, to be by them applied as road tax is applied by law in said county. ^^ Boards of Directors. 61. The Act of May i8, 1878,^*^ provided for the election of five directors at the general election for a term of two years, in which no elector should vote for more than three candidates. Such directors shall take their seats on the first Monday in Jan- uary after said election, or, if appointed by the court, within ten days after due notice. Before any director enters upon the duties of his office he shall take an oath or affirmation, as pre- scribed by the first section of the 7th article of the Constitu- tion. At the first regular meeting the board of directors shall divide the county into five districts, as nearly equal as possible, assigning one of their number to each district, who shall have general oversight of such cases as should have come under the care of the county.^^ This act applied only where a county home had been provided under the general laws.^^ In case of vacancies in the office of directors, the court of quarter sessions shall appoint, until the next general election.^^ At such elec- tion a director shall be chosen for the unexpired term.^'* 19 Act March 5, 1903, P. L. 9. 20 Act May 18, 1878, P. L. 62, Sec. i, 2 P. & L. Dig. 3521. 21 Act May 18, 1878, P. L. 6^, Sec. 11, 2 P. & L. Dig. 3522. 22 Act May 18, 1878, P. L. 63, Sec. i, 2 P. & L. Dig. 3521. 23 Act May 8, 1876, P. L. 149, Sec. 12, 2 P. & L. Dig. 3525. 24 Act June 24, 1885, P. L. 163, 2 P. & L. Dig. 3525. CHAPTER VIII. TOWNSHIP OFFICERS ASSESSORS. 62. Township officers. 70. Notice of assessment. 63. Filling of vacancies. 71. Appeals. 64. Assessors. 72. Reassessments. 65. Assistant assessors. TZ- Penalty for neglect. 66. Oath. 74. Other duties. 67. Duties. 75. Vacancy. 68. Manner and place of assess- 76. Compensation. ment. tj. School assessors. 69. Where assessed. Township Officers. 62. In townships of the first class the officers designated by law are commissioners, a treasurer, an assessor, auditors and a town clerk. All are to be chosen by a popular vote on the third Tuesday of February in each year when a vacancy exists, ex- cept the town clerk, who is selected by the board of commis- sioners. The official term of the above named officers shall commence on the first Monday in March and continue until the election and qualification of their successors.^ In townships of the second class the electors shall choose an assessor, two supervisors,^ and a township treasurer, a tax col- lector and a town clerk, and three township auditors.^ The election shall be held on the third Tuesday of February 1 Act April 28, 1899, p. L. 104, 4 P. & L. Dig. 914. 2 In the Counties of Erie, Franklin, Wayne, Venango, Warren, Susque- hanna, Bradford, Tioga and Luzerne, three shall be elected. 3 Act April 15, 1834, P. L. 537, Sec. 81, and the Supplement of February 28, 1835, P. L. 45, Sec. 8, 2 P. & L. Dig. 4693-4. 70 TOWNSHIP OFFICERS ASSESSORS. 7I in each year when a vacancy exists,^ and the terms of the new officers shall commence on the first Monday of March.^ The election shall be held between the hours and by the per- sons appointed to hold the election of inspectors and assessors.^ Only electors of the township shall be eligible to election.'^ When chosen, the officer is bound to serve, though he cannot be compelled to act for more than three years in twelve. If he refuses to assume the duties of his office, after being duly noti- ced of his election, he shall forfeit and pay the sum of twenty dollars.^ Every person elected or appointed to any township office shall, before entering upon his duties, take and subscribe to an oath or affirmation, before some person having authority to administer oaths, to support the Constitution of the United States and that of the Commonwealth and perform the duties of his office with fidelity; a copy of which oath or affirmation certified by the person by whom the same shall be administered, shall within ten days thereafter be filed with the town clerk, if there be one in such township,^ Filling of Vacancies. 6T). The Act of 1834 provided generally for the filling of vacancies in township offices, as follows : "If the electors of any township shall fail to choose any township officer, other than assessor, assistant assessor or con- stable, or if any person elected to such office, shall neglect or refuse to serve therein, or if any vacancy shall happen in such office, by death or otherwise, it shall be lawful for the court of quarter sessions of the proper county, to appoint a suitable per- son to fill such office until the next annual election." '^^ This 4 Act March 10, 1875, P. L. 6, Sec. i, 2 P. & L. Dig. 4694. 5 Act June 4, 1879, P. L. 94, Sec. i, 2 P. & L. Dig. 4695. 6 Act July 2, 1839, P. L. 519, Sec. 53, 2 P. & L. Dig. 4695- 7 Act April 15, 1834, P. L. 537, Sec. 84, 2 P. & L. Dig. 4695. 8 Act April 15, 1834, P- L- 537, Sec. 85, 2 P. & L. Dig. 4696. 9 Act April IS, 1834, P. L. 537, Sec. 86, 2 P. & L. Dig. 4696. TO Act April 15, 1834, P. L. 537, Sec. 83, 2 P. & L. Dig. 4696. 72 LAW OF TOWNSHIPS IN PENNSYLVANIA. legislation is subject to some modification by subsequent enact- ments, which will be noticed in the discussion of the separate offices. Township Assessors. 64. In townships of the first class the electors are directed 10 select a township assessor in every third year, who shall hold office for a period of three years." The duties of this office are the same as those prescribed for assessors in townships of the second class. By the Act of 1903 the qualified electors are directed to choose two assistant assessors in every year in which the triennial assessment of property for taxation is made. The assessor and his assistants shall make the triennial assessment subject to revision of the county commissioners, and to appeal by taxable persons. The duties of the assistants are confined to the valuation of property, and do not include the work of the election assessor. Their compensation is fixed at five dollars per diem for each day actually employed in the duties of their office.^^ In townships of the second class a properly qualified person is to be elected triennially.^^ His duties shall terminate on the day after the holding of the general elections at which time the duties of the assessor elected at the preceding township elec- tion shall commence.^^ Assistant Assessors. 65. By the Act of 1834,^^ two assistant assessors were di- rected to be elected annually. This office no longer exists by virtue of that legislation. The Act of February 14, 1889,^® 11 Act April 28, 1899, p. L. 104, Sec. 4, 4 P. & L. Dig. 914. 12 Act April 23, 1903, P. L. 284. 13 Act Feb. 14, 1889, P. L. 7, Sec. i, 2 P. & L. Dig. 4687. 14 Act March 4, 1842, P. L. 43, Sec. 66, 2 P. & L. Dig. 4687. Query.— Is this Act repealed by the Act of March 10, 1875, P. L. 6, taken in connec- tion with the Act of June 4, 1879, P. L. 94, which Acts direct that the terms of township officers shall begin on the first Monday in March ? 15 Act April 15, 1834, P. L. 537, Sec. 81, 2 P. & L. Dig. 4693. 16 Act Feb. 14, 1889, P. L. 7, 2 P. & L. Dig. 4687. TOWNSHIP OFFICERS ASSESSORS. 73 repealed that provision.^ '^ This legislation is not unconstitu- tional as local or special.^ ^ It was amended on May 8, 1889/® so as to impose also upon the assessors, elected in pursuance of it, duties relating to elections as well as to the valuation of property. By the Act of 1891,^^ assistant assessors were pro- vided for when the township contained more than one election district. In such case an assistant assessor shall be elected an- nually who shall perform the duties relating to elections, re- quired to be performed by assessors in townships having but one election district. It is only under such circumstances that as- sistants shall be elected. ^^ Oath. 66. The Act of 1834,^^ directed that an oath of office should be taken and filed with the town clerk as already noticed. In the case of the assessor or his assistant, it is made his dutv to produce to the commissioners of the county, within twenty days after his election or appointment a copy of the oath or affirmation taken and subscribed by him and attested by the per- son by whom the same was administered, which shall be filed by the commissioners in their office.^^ Duties. 67. It is the duty of the triennial assessor to make a valua- tion of the property within the township for the purpose of taxation. "Commissioners of the several counties of this Com- 17 Asst. Assessors No. i, 3 D. R. 252; Asst. Assessors No. 2, 3 D. R. 254; 24 Pitts. L. J. 312-313. 18 Com. vs. Green, 7 Kulp 151, s. c. 5 Del. Co. 342; Com. vs. Coleman, 9 Pa. C. C. 90. 19 Act May 8, 1889, P. L. 133, 2 P. & L. Dig. 4687. 20 Act June 16, 1891, P. L. 298, 2 P. & L. Dig. 4688. 21 Asst. Assessors No. i, 3 D. R. 252; Asst. Assessors No. 2, 3 D. R. 254; 24 Pitts. L. J. 312-313; Asst. Assessors' Case, i D. R. 142; Assessors' Case, 9 Lane. L. R. 190; Com. vs. Cornelius, 15 Pa. C. C. 73. 22 Act April 15, 1834, P. L. 537, Sec. 86, 2 P. & L. Dig. 4696. 23 Act April 15, 1834, P. L. 537, Sec. 88, 2 P. & L. Dig. 4690. 74 LAW OF TOWNSHIPS IN PENNSYLVANIA. monwealth shall issue their precepts to make the triennial as- sessment of property to the assessors of their respective town- ships .... on or before the second Monday of Septem- ber, and said assessors are hereby required to complete the said assessment, and make their return thereof not later than the 31st day of December, A. D. one thousand nine hundred and three and triennially thereafter.^** The precept is to be given to the duly elected assessor, and no vacancy exists until such has been tendered to and refused by him.^^ Manner and Place of Assessment. 68. It is beyond the scope of this work to discuss the prop- erty which is taxable in the respective townships. The rates or assessments laid for township purposes are levied upon the basis of the last adjusted valuation, made for the purpose of regu- lating the county rates and levies.^^ The assessment is void if not made by the proper officer.^'' Or, if not made as required by law.^^ But the assessment will not be stricken off because copied from the work of a prede- cessor.-^ All assessable property should be included, but if there be an omission the assessor must add it, and the county commissioners, acting as a board of revision, have no power to so do.^*^ Property returned as exempt may be so added.^^ Tracts are to be assessed separately, and several can- 24 Act April 23, 1903, P. L. 292. Note. — The precept was regulated prior to this legislation by the Act of May 15, 1841, P. L. 393, Sec. 6, 2 P. & L. Dig. 4581, Act April 22, 1846, P. L. 486, Sec. 16, 2 P. & L. Dig. 4581, Act April 20, 1897, P. L. 28, 3 P. & L. Dig. 599. For the effect of the latter upon local acts, see Clinton County Triennial Assessments, 20 Pa. C. C. 85, s. c. 6 D. R. 678. 25 Commonwealth vs. Gregory, 6 Luz. L. R. 127. 26 Act April IS, 1834, P. L. 509, Sec. 27, 2 P. & L. Dig. 4596. 27 Mattes vs. Ruth, i Lack. L. Rec. 311. 28 Laubach vs. Dodson, i Kulp 83. 29 Von Storch vs. City, 3 Pa. C. C. 567. 30 Ridgway vs. Bridgeport, 5 Montg. Co. 73. 31 Moore vs. Taylor, 147 Pa. 481. TOWNSHIP OFFICERS ASSESSORS. 75 not be included as a whole, and the taxes for all charged against it.^2 A full discussion of the duties of ofificers in the valuation of property is found in Delaware and Hudson Canal Co. vs. Walsh, II Phila. 587.^3 Where Assessed. 69. The property is ordinarily to be assessed in the township in which it lies. If divided by a county line, the whole tract is assessable in the county in which the mansion house is situate.^* The same provision was made by the Legislature where the tract was divided by a township line, but as to such it is un- constitutional, because of defect of title. ^^ The Act of July 11, 1842,^^ provided for the latter class of cases, and made the property assessable in the township in which the mansion house is situated. ^^ But this Act of 1842 has also been held uncon- stitutional in Commonwealth vs. Wyoming County Commis- sioners.^^ The provisions of the Act of 1842 did not apply to lands lying in different townships, the mansion house of which is in an incorporated borough or city.^^ Where the mansion house is divided by a line between two townships, or between a township and a borough, the owner of the land may choose his place of residence in either of the townships or the borough, by written notice of his election, which shall be binding on the present and future owners. In case of neglect to so notify, the person occupying the mansion shall be regarded as residing 32 Cunningham vs. White, 2 D. R. 531. 33 Delaware and Hudson Canal Co. vs. Walsh, 11 Phila. 587. 34 Act June i, 1883, P. L. 51, Sec. i, 2 P. & L. Dig. 4648. 35 La Plume Borough vs. Gardner, 148 Pa. 192; Arthur vs. Polk Bor- ough School District, 164 Pa. 410; McClintock vs. Remmel, 4 Kulp 327; Cassel's Appeal, 8 Lane. L. R. 260; Rich's Appeal, 8 Lane. L. R. 264. 36 Act July II, 1842, P. L. 321, Sec. 59, 2 P. & L. Dig. 4648. 37 Bausman vs. Lane. County, 50 Pa. 208; Nippenose vs. Bastress Town- ship, 7 W. N. C. 24s ; Bennethum vs. Eckert, 7 W. N. C. 373 ; Stahl's As- sessment, I Lane. L. R. 329 ; Commonwealth vs. Wheelock, 13 Pa. Sup. 282. 38 Commonwealth vs. Wyoming County Commissioners, 22 Pa. C. C. 418. 39 Act April 25, 1850, P. L. 569, Sec. 15, 2 P. & L. Dig, 4648. 76 LAW OF TOWNSHIPS IN PENNSYLVANIA. wholly within the township.^*^ Under such circumstances, if tlie owner elects the township for his residence, his farm is not taxable for city purposes."*^ If a borough has been created from a township, it will not be subject to a local act regulating assessment not in conformity with the borough laws. So where it had been provided for the township that the taxes should be collected by a treasurer of the school board, and a borough is erected from the said township, the taxes must be collected by tax collectors as directed by the Act of 1885.^^ When the borough has been taken from the township, taxes may be col- lected without another assessment than that made by the town- ship assessor prior to the incorporation.^^ Notice of Assessment. 70. When the proportions of the several townships are ascer- tained by the commissioners, transcripts of the assessments are to be sent to the assessors.^"* And it then becomes the duty of the assessors to give written or printed notice at least five days before the day of appeal to every taxable inhabitant within the respective township, of the amount or sum to which he stands rated, and the rate per cent, of such amount, and of the time and place of such appeal.^^ But a failure to so notify will not affect the validity of the assessment. The only purpose is to give an opportunity for appeal, if it be excessive or illegally made.'"' Where assessments are made in the intervening year, notice is to be given where the assessment of real property has been changed by the erection of buildings or other improvements, and in the case of personal property, offices, professions, trades. 40 Act May 24, 1878, P. L. 131, Sec. i, 2 P. & L. Dig. 41 Easton vs. Lerch, 2 Northampton Co. 383 ; Lancaster Co. vs. Bare, 22 Pa. C. C. 662, s. c. 8 D. R. 472. 42 Commonwealth vs. School Directors, 8 Pa. Sup. 257. 43 Harding vs. Repp, 19 Pa. Sup. 439. 44 Act April IS, 1834, P. L. 509, Sec. 8, 2 P. & L. Dig. 4588. 45 Act April 15, 1834, P. L. 509, Sec. 9, 2 P. & L. Dig. 4588. 46 Winton Coal Company vs. Commissioners of Lackawanna Co., i Lack. Legal News 195. TOWNSHIP OFFICERS— ASSESSORS. JJ and occupations.'*^ Unless the alteration be in one of the kinds of property mentioned, no notice is required.^^ Appeals. 71. The board of county commissioners is authorized to act as a board of revision where the assessment is objected to.^^ An appeal from the valuation, lies to the court of common pleas, whose duty it is to hear the evidence and determine the facts.^"^ In case of dissatisfaction with the action of the board of re- vision, redress is to be had ordinarily in this way.^^ Relief will not be granted by bill in equity where the tax has been lawfully assessed, or where mere irregularities in the method of making the valuation appear. But a bill may be maintained where no power existed to levy the tax.^^ During the pendency of the appeal the tax to be paid on the valuation as fixed by the board of revision. When the appeal is determined that fixed by the court will control. ^^ From the decision made by the common pleas, an appeal will lie to the Supreme or Superior Courts, as in other cases. ^* On such appeal the court cannot limit itself merely to inspection of the record, as upon certiorari, but must review the judicial action of the court below on the evidence disclosed by the record.^^ 47 Act April 15, 1834, P. L. 509, Sec. 12, 2 P. & L. Dig. 4589. 48 Sommer's Case, 28 Pa. C. C. 93, s. c. 12 D. R. 688. 49 Act July 27, 1842, P. L. 441, Sees. 10, 14, 2 P. & L. Dig. 4590-2. 50 Act April 19, 1889, P. L. 2,1^ 2 P. & L. Dig. 4594. 51 Moore vs. Taylor, 147 Pa. 481 ; Hughes vs. Kline, 30 Pa. 227. 52 Ridgway Light & Heat Company vs. County of Elk, 191 Pa. 465 ; Banger's Appeal, 109 Pa. 79 ; Payne vs. School District of Coudersport, 168 Pa. 386. 53 Plains Township's Appeal, 21 Pa. Sup. 68. 54 Act June 26, 1901, P. L. 601, 4 P. & L. Dig. 1465. 55 Rockhill Iron & Coal Company vs. Fulton Co., 204 Pa. 44. 78 LAW OF TOWNSHIPS IN PENNSYLVANIA. Beassessments. ^^2. Commissioners shall issue their precepts to the assessors to make the reassessment of property between the period of the triennial assessment on or before the second Monday of Sep- tember, and such reassessment must be completed and returned not later than the 31st day of December of the same year.^^ Only such changes can be made in intervening years as are specially provided for by statute. ^^ Improved real estate is to be reassessed. ^^ As is real estate omitted from the triennial as- sessment.^^ Personal property is to be valued as well as offices and posts of profit, professions, trades and occupations taxable by law.^*' Penalty for Neglect. 73. Assessors who neglect to assess and rate as required by law, may upon conviction, be fined in a sum not less than $20.00, nor more than $50.00 at the discretion of the court, be- sides the costs of prosecution, for the use of the county in which the party resides.^^ If the assessor shall neglect and intention- ally omit, neglect or refuse to assess and rate property, he shall be guilty of a misdemeanor, and on conviction thereof, shall be subject to imprisonment, for not less than three nor more than twelve months, and fined in a sum not less than $100.00 nor more than $200.00.^^ Should he fail to comply with any order or warrant issued to him by the commissioners of the county in conformity with law, or fail to perform the duties enjoining, he shall forfeit a sum not to exceed $40.00, to be recovered by the county as debts of a like amount are recoverable.^^ Should 56 Act April 23, 1903, P. L. 292, Sec. 2. 57 Slaymaker vs. Lancaster Co., 2 Lane. Bar., Mar. 25, 1871 ; Beechwood Improvement Co.'s Appeal, 12 D. R. 430. 58 Act April 10, 1849, P. L- 570, Sec. 34, 2 P. & L. Dig. 4585. 59 Act April 28, 1868, P. L. 105, Sec. i, 2 P. & L. Dig. 4586. 60 Act April 15, 1834, P. L. 509, Sec. 11, 2 P. & L. Dig. 4586. 61 Act April 15, 1834, P. L. 509, Sec. 23, 2 P. & L. Dig. 4587. 62 Act May 15, 1841, P. L. 393, Sec. 3, 2 P. & L. Dig. 4587. 63 Act April 15, 1834, P. L. 509, Sec. 24, 2 P. & L. Dig. 4587. TOWNSHIP OFFICERS ASSESSORS. 79 he refuse to serve, he shall forfeit and pay the sum of $20.00, but he is not required to act as assessor for a second term without his consent within the period of ten years. ^^ Other Duties. 74. It is also the duty of the township assessor to assist the supervisors or overseers in laying their township rates or as- sessments, and he is required to furnish them a correct copy of the last adjusted valuation of the township, and give aid in making the assessment.'®^ By the Act of April 13, 1887,®® he is required to make an en- rollment of the names of those liable to military service, at the same time as the valuation of property is made. He shall likewise perform all the duties of election assessor.®'^ Except in those townships having more than one election dis- trict, and for which assistant assessors have been provided for this purpose.®^ Vacancy. 75. In case an assessor be not elected, or if any person elected, shall neglect or refuse to serve, or if any vacancy shall occur in this office by death or otherwise, the commissioners of the county shall appoint a fit person to fill the office, who shall have the same powers, be subject to the same penalties, and re- ceive the same compensation as if he had been a regularly elected township assessor.*^^ So they may appoint if the election has been illegal, and hence there has been a failure to elect.'^^ Or if the vacancy exists by reason of the sustaining of a contest 64 Act April 28, 1835, P. L. 45, Sec. 2, 2 P. & L. Dig. 4588. 65 Act April IS, 1834, P. L. 509, Sec. 28, 2 P. & L. Dig. 4596. 66 Act April 13, 1887, P. L. 23, Sec. iii, 2 P. & L. Dig. 3038, and May 9, 1899, P. L. 266, 4 P. & L. Dig. 1205. 67 Act Feb. 14, 1889, P. L. 7, 2 P. & L. Dig. 4687. 68 Act June 16, 1891, P. L. 298, 2 P. & L. Dig. 1735, 4688. 69 Act April 15, 1834, P. L. 537, Sec. 87, 2 P. & L. Dig. 4688. 70 Com. vs. County Comm., 5 Rawle 75. 8o LAW OF TOWNSHIPS IN PENNSYLVANIA. of an election."^ ^ But they cannot appoint when the assessor has been elected until they have issued the precept to him, and he has refused to accept it/^ When the commissioners do ap- point, the person selected shall serve until the next election for assessors. ''^^ The Act of May 5, 1897,'^^ provides for an appointment by the county commissioners where there is a failure to qualify or a refusal to receive the precepts and books for the triennial as- sessment, such appointment being made on the eighth day after the time designated by law to begin the assessment. In case of assistant assessors elected by virtue of the Act of June 16, 1891,^^ the court of quarter sessions has power to fill the vacancy. '^^ Compensation. 76. It shall be the duty of each assessor and assistant assessor to keep an account of the several days by him actually em- ployed in performance of his duties, and to make return of the same to the commissioners of the county, verified by his oath or affirmation, and for each day necessarily employed he shall receive the sum of two dollars. ''^'^ This legislation does not pre- vent the recovery for services in making the military enroll- ment, as directed by the Act of April 13, 1887,'^* and May 9, 1899,^^ which is fixed at three cents for each name enrolled. ^'^ School Assessors. yy. The assessors of voters of every district are required to 71 Street vs. Comm., 6 W. & S. 209. ^2 Comm. vs. Gregory, 6 Luz. Leg. Reg. 127. ^^ Act Feb. 14, 1889, P. L. 7, Sec. 4, 2 P. & L. Dig. 4688. 74 Act May 5, 1897, P. L. 39, 3 P. & L. Dig. 600. 75 Act June 16, 1891, P. L. 298, 2 P. & L. Dig. 4688. 76 Assistant Assessors No. 2, 3 D. R. 254. yy Act May 24, 1887, P. L. 195, Sec. i, 2 P. & L. Dig. 4689. 78 Act April 13, 1887, P. L. 23, Sec. in, 2 P. & L. Dig. 3038. 79 Act May 9, 1899, P. L. 266, 4 P. & L. Dig. 1205. 80 Dilley vs. Luzerne County, 8 Pa. C. C. 162. TOWNSHIP OFFICERS ASSESSORS. 8l make a list of all the children between the ages of 6 and i6, stating whether enrolled in a school, or the cause of non-enroll- ment, which enumeration after approval by the secretary of the school board shall be returned to the county commissioner. The assessors shall be paid a per diem compensation to be equal to that paid under existing laws for election assessors, but the said services shall not exceed ten days.^^ Under the earlier compulsory education act ®^ the county was held chargeable with this expense.^^ The school directors may authorize such enumeration to be made at the expense of the school district by the attendance officer or other persons in place of the election assessor.^* 8i Act July II, 1901, P. L. 658, Sec. 4, 4 P. & L. Dig. 870. 82 Act May 16, 1895, P. L. ^2, amended July 12, 1897, P. L. 248, 3 P. & L. Dig. 153- 83 In re Pay of Assessors, 5 D. R. 253 ; Brinker vs. Northampton Co., 5 Northampton 275. 84 Act July II, 1901, P. L. 658, Sec. 4, 4 P- & L. Dig. 870. CHAPTER IX. TOWNSHIP TREASURER. SECTION SECTION 78. In townships of the first class. 80. Bond. 79. In townships of the second 81. Duties. class. 82. Vacancy. In Townships of the First Class. 78. A township treasurer is to be elected triennially in town- ships of the first class, who shall give bond in such sum as shall be fixed by ordinance, and at least equal to the probable amount of the annual township tax, with sureties to the satisfaction of the board of township commissioners, which bond shall be conditioned for the faithful performance of the duties of the office, for a just account of all moneys belonging to the town- ship funds that may come into his hands, for the delivery to his successor in office of all papers, books, documents and other things held in right of his office, and for the payment to such successor of any balance in money belonging to the township that may remain in his hands on the settlement of his account. The bond shall be filed with the township commissioners. The township treasurer shall take charge of all township moneys and keep distinct accounts of all sums received from taxes and other sources, which accounts shall at all times be open to the inspection of the commissioners and township audi- tor, or any of them. He shall annually state his accounts and lay the same together with the books and the vouchers ^ before the township auditors for settlement according to law,^ To I Act April 28, 1899, p. L. 104, Sec. 13, 4 P. & L. Dig. 923. 82 TOWNSHIP TREASURER. 83 fix his liability his accounts must be thus settled. A suit upon his bond before this is done is premature." He shall take the duplicate of the assessment of tax, when- ever such is laid by the board of township commissioners, of which fact he shall give notice as soon as can be conveniently done to the taxpayers by at least ten written or printed hand bills to be posted in the most public places in the township, and by advertisements in a newspaper published in the county, if such there be. If payment be made within sixty days a dis- count of five per cent, is to be allowed. After three months, he, and deputy collectors, whom he may appoint, shall proceed to collect the tax.^ 'He is chargeable with the duplicate, less the exonerations and allowances, and not merely with the amount collected.'* No money shall be paid out by him except on the written order, or warrant issued by the board of township commission- ers, and attested by the signatures of the president or vice- president, and the secretary of said board.^ His compensation shall consist of a sum equal to five per cent, of all taxes received or collected by him, unless a different rate be fixed by ordinance of the township commissioners, passed thirty days prior to his election.^ This officer shall not be eligible to succeed himself. Nor shall any member of the school board, any township commis- sioner or township auditor hold this office, but the same person may act as township treasurer, and treasurer of the school board.''^ Two acts were passed to provide for the filling of a va- cancy in the office by the Legislature of 1903. By the first the court of quarter sessions is directed to appoint upon the 2 Bryn Mawr Trust Co., 20 Motitg. 54. 3 Act April 28, 1899, P. L. 104, Sees. 15 and 16, 4 P. & L. Dig. 924-5. 4 Bryn Mawr Trust Co., 20 Montg. 54. 5 Act April 28, 1899, P. L. 104, Sec. 17, 4 P. & L. Dig. 925. 6 Act April 28, 1899, P. L. 104, Sec. 14, 4 P. & L. Dig. 924. 7 Act April 28, 1899, P. L. 104, Sec. 18, 4 P. & L. Dig. 925. 6 84 LAW OF TOWNSHIPS IN PENNSYLVANIA. petition of twenty or more qualified voters of the township, after ten days' notice of the fihng of the petition is given by putting up ten or more notices in the most pubHc and conspicu- ous places in the township.^ This act as printed in the pamphlet laws is confused, part evidently being omitted. By the second the power is given to the board of township commissioners to appoint until the next regular election.^ The legislation creating townships of the first class, and pro- viding for officers in such district, repeals a local law, applying to a township within its provisions, which regulated the method of election of a township treasurer.^*^ In Townships of the Second Class. 79. A township treasurer is to be elected annually, but shall hold office until his successor is elected or appointed. No elec- tion takes place unless he receives at least one-half of the num- ber of votes polled at the same election for supervisors.^^ This provision was repealed except as to the counties of Erie, Franklin, Wayne, Venango, Warren, Susquehanna, Bradford Tioga and Luzerne counties in the following year.^^ Snce that time local acts have been passed for many townships, e. g., in Red Bank township, Armstrong county, where a biennial elec- tion is directed. ^^ In case no treasurer is elected it is the duty of the supervisors, either to collect the rates and levies them- selves, or to appoint a collector for that purpose.^ ^ If a treas- urer be elected without authority, the supervisors are liable for all moneys, which they pay to the alleged officer, and cannot 8 Act April 15, 1903, P. L. 199. 9 Act April 23, 1903, P. L. 267. 10 Com. vs. Blackley, 198 Pa. 372. 11 Act April 15, 1834, P- L- 537, Sec. 81, 2 P. & L. Dig. 4701. 12 Act Feb. 28, 1835, P. L. 45, Sec. 8, 2 P. & L. Dig. 4694. 13 Com. vs. Doverspike, 20 Pa. C. C. 109. In such case the court must appoint where a vacancy exists until the end of the regular term, and not until the next election. 14 Act April 15, 1834, P. L. 509, Sec. 39, 2 P. & L. Dig. 4600; In re Gran- ahan, 3 Kulp 450. TOWNSHIP TREASURER. 85 i claim credit for his commissions or for payments made by him.i^ Bond. 80. Where a township treasurer is elected he shall give bond with sureties to the satisfaction of the supervisors, conditioned for the faithful performance of the duties of his office, for a just account of all moneys that may come into his hands by vir- tue thereof, for the delivery to his successor in office of all books, papers, documents and other things held in right of his office, and for the payment to him of any balance of money be- longing to the township that may remain in his hands. ^® Until a bond satisfactory to the supervisors is given, he cannot de- mand the possession of the township funds. ^'^ And it is for the supervisors to pass upon the sufficiency. If they refuse to re- ceive the bond the court may grant a writ of mandamus, but it will not impose its judgment as to the sufficiency in place of the supervisors.^^ In case a special tax be ordered in accordance with the Act of March 31, 1864, the tax is payable to the town- ship treasurer, but the court may require a bond from the su- pervisor who collects, or from a collector to whom the dupli- cate is given, and also from the township treasurer. ^^ Duties. 81. The duty of the treasurer is to receive all moneys due or accruing to the township, and to keep distinct accounts of all sums received from taxes and other sources, which accounts shall at all times be open to the inspection of the supervisors of the township, and of each of them. He shall pay all moneys received by him from taxes or otherwise, on orders drawn by the supervisors of the township, and shall annually state his ac- counts, and lay the same, together with the vouchers, before the 15 Banks Township vs. Frey et al., 10 Pa. C. C. 580. 16 Act April IS, 1834, P. L. 537, Sec. 95, 2 P. & L. Dig. 4701. 17 Com. vs. Norton, 3 Kulp 231. 18 Com. vs. Norton, 3 Kulp 231. 19 In re Foster Twp., 7 Kulp 21. 86 LAW OF TOWNSHIPS IN PENNSYLVANIA. township auditors, for settlement according to law.^*' In so collecting funds he is a township officer within the meaning of the Act of March 31, 1860,^^ and may be indicted for em- bezzlement thereunder.^- A final settlement of accounts by auditors, which is unappealed from, is conclusive, and an ac- tion may be maintained by the township to recover the sum found due.^^ But if the report is a mere conditional settlement, which is not filed, pending performance of a condition by the treasurer, a re-settlement and adjustment may be made and filed.2* The treasurer shall receive as compensation a certain amount per cent, on all moneys received and paid by him, which rate shall be settled, from time to time, by the supervisors of the township with the approbation of the township auditors.^^ He is not entitled to commissions upon taxes worked out on the road or on exonerations.-^ But is entitled to a commission of two per cent, on unseated land tax.^'^ Vacancy. 82. In case a duly elected treasurer shall neglect or refuse to perform the duties of his office, he shall be fined in a sum not exceeding one hundred dollars, and shall be disqualified from holding the office.^^ Vacancies are to be filled by the court of quarter sessions until the next annual election.^^ 20 Act April 15, 1834, p. L. 537, Sec. 96, 2 P. & L. Dig. 4702. 21 Act March 31, i860, P. L. 385, Sec. 65, i P. & L. Dig. 1193. 22 Com. vs. Carson, 21 Pa. Sup. 48. 23 Township of Middleton vs. Miles, 61 Pa. 290. 24 Com. vs. Allis, 19 Pa. Sup. 130. 25 Act April 15, 1834, P. L. 537, Sec. 97, 2 P. & L. Dig. 4702. 26 Brennan's Appeal, i Walker 522 ; Lewis vs. Flanagan, i Leg. Rec. 141. 27 Mt. Carmel Twp. vs. McDonnell, i Kulp 20. 28 Act April IS, 1834, P. L. 537, Sec. 98, 2 P. & L. Dig. 4702. 29 Act April 15, 1834, P- L. 537, Sec. 83, 2 P. & L. Dig. 4696. Note. — For vacancies in townships of the first class, see section 78. CHAPTER X. TOWNSHIP COMMISSIONERS AND SUPERVISORS. 83. Townships of the first class ; 87. Qualification. commissioners. 88. Bond. 84. Meeting of the board. 89. Refusal to serve. 85. Townships of the second class ; 90. Duties. supervisors. 91. Compensation. 86. Filling of vacancies. Townships of the First Class; Commissioners. 83. In townships of the first class township commissioners are provided for, and the office of supervisor of highways is abolished.^ Five such officers are to be elected unless the popu- lation exceeds five thousand, in which case an additional com- missioner shall be chosen for each two thousand in excess of that number. The first commissioners are directed to apportion by ordinance the whole number of commissioners among the election districts of the township in proportion to the popula- tion as estimated by the votes cast in said districts respectively at the last township election, and thereafter the commissioner shall be chosen by election districts instead of by vote of the township at large. Any election district having too small a population to be entitled to choose one commissioner shall be combined with some adjoining district. Residence in the dis- trict in which he is voted for shall not be a requisite of eligi- bility for a commissioner. A new apportionment shall be made I Plymouth Twp. Commissioners vs. Sweeney, 10 D. R. 617, s. c. 10 Kulp 293. Mandamus will lie to compel the claimant of the defunct office to hand over the papers and property to the incumbent who supersedes. 87 88 LAW OF TOWNSHIPS IN PENNSYLVANIA. after each United States census, and whenever any change is made in the boundaries of the election districts of the town- ship.- The term of the commissioners shall be two years, and no compensation shall be paid for the service rendered.^ Vacan- cies in the office shall be filled by the quarter sessions on the pe- tition of twenty qualified voters, of which petition ten days' notice shall be given.^ Or the vacancy may be filled by the re- maining members of the board, the person so chosen to hold office until the next regular election.^ Meeting of the Board. 84. Persons elected township commissioners shall meet on the first Monday of March succeeding their election, until otherwise designated by ordinance. The place of meeting shall be the oldest polling place in the township. Each member shall take and subscribe to an oath or affirmation, to be adminis- tered by a justice of the peace, or notary public, to support the Constitution of the United States and of this Commonwealth, and to perform the duties of his office with fidelity. Certifi- cates of such oaths and affirmations shall be filed with the town- ship auditor. If a majority of the commissioners shall not attend at the meeting on the first Monday in March, those present shall have power to adjourn the meeting, from day to day, until a ma- jority appear. The board shall organize by the election of one of their num- ber as president. He shall perform such other duties as are specified in this act, or which may be prescribed by ordinance. The board shall meet at least once a month at such time and 2 Act April 28, 1899, p. L. 104, Sec. 4, 4 P. & L. Dig. 914. 3 Act April 28, 1899, P. L. 104, Sees. 4 and 5, 4 P. & L. Dig. 914-5. 4 Act April 15, 1903, P. L. 199. This Act is almost unintelligible, a por- tion being evidently omitted. 5 Act April 23, 1903, P. L. 267. COMMISSIONERS AND SUPERVISORS. 89 place as may be designated by ordinance. A majority of the members of the board shall constitute a quorum. All the corporate powers, authority and franchise of the township shall be vested in and exercised by the board of town- ship commissioners. The particular powers which have been given by legislation will be noticed under the appropriate head- ings.® In the construction and care of highways the board shall have power to appoint one or more supervisors or engineers of highways and by ordinance to specify their duties and fix their salaries. All such officers shall hold office at the pleasure of the board.''^ Townships of the Second Class; Supervisors. 85. Except where special legislation has been enacted pro- viding for the election of supervisors, e. g., in Hempfield town- ship, Westmoreland county,^ or in the counties of Erie, Frank- hn, Wayne, Venango, Warren, Susquehanna, Bradford, Tioga and Luzerne, except the township of Falk in Lackawanna ^ where three are provided for by the Act of 1834,^^ one to be elected each year, two supervisors are to be elected, each to serve one year.^^ A general system was provided for by the Act of 1897, but its provisions have not become operative, be- cause the requirements of section 21 have never been met.^^ The number provided for may be increased by a vote of the qualified electors at the time and place for holding constables' elections. Tickets in such case shall be labelled on the outside with the word "supervisors," and on the inside of such ticket 6 Act April 28, 1899, P. L. 104, Sees. 6, 7, 4 P. & L. Dig. 916. 7 Act April 28, 1899, P. L. 104, Sec. 10, 4 P. & L. Dig. 922. 8 In re Contested Election of Martz, no Pa. 502. See also Com. vs. McComsey, 19 Lane. L. R. 235. 9 Act March 8, 1842, In re Supervisors 4 C. P. 177. 10 Act April IS, 1834, P. L. 537, Sec. 81, 2 P. & L. Dig. 4693. 11 Act Feb. 28, 1835, P. L- 45, Sec. 8, 2 P. & L. Dig. 4694- 12 Act June 23, 1897, P. L. 194, 3 P. & L. Dig. 515. 90 LAW OF TOWNSHIPS IN PENNSYLVANIA. shall contain the words "increase one" or "increase two," or more as they may desire. Those opposed shall vote tickets marked on the inside "no increase." In case the increase is fa- vored by a majority, then such additional supervisors shall be elected at the next constable election. This election is not to be held, however, unless at least thirty qualified voters of the proper township shall give notice in writing to the constable thereof, that they desire to vote for such increase. On receiving such notice the constable shall, by at least six printed or written hand bills, put up in the most public places in said township, Lt least twenty days before said election, give notice of the pro- posed election. If additional supervisors be elected they be- come subject to the same duties and responsibilities imposed by Isw on supervisors of public roads,^^ A similar procedure is provided where it is desired to decrease the number. ^^ In case the number of supervisors provided by law be de- creased by any general enactment, the term of office may be ended, for the occupant of it has no vested right thereto, the office not being a constitutional one.^^ The election of supervisors is controlled by the general elec- tion laws. In case of a contest instituted under the Act of May 19, 1874, the petitioners must be electors of the district for which the supervisor is to act, where there are two, though both districts vote in one election district. ^^ Filling of Vacancies. £,^/j j / f / / 4.«- ., J 86. Where there has been a failure to elect the court of quarter sessions shall appoint a suitable person to fill such office until the next annual election.^''' It has been said that this power shall be exercised in case of a tie vote in favor of the ap- 13 Act May 6, 1857, P. L. 415, Sees, i and 2, 2 P. & L. Dig. 4698-9. 14 Act May 6, 1857, P. L. 415, Sec. 3, 2 P. & L. Dig. 4699. 15 Com. vs. McComsey, 19 Lane. L. R. 235. Here term reduced by Act of May II, 1901. 16 Third Road District Supervisor, 8 Pa. C. C. 302. 17 Act April 15, 1834, P. L. 537, Sec. 83, 2 P. & L. Dig. 4696. COMMISSIONERS AND SUPERVISORS. QI plicant having the most petitioners, both parties being fit.^^ If the township is divided for convenience the court will appoint from the district having no representative, other things being equal. ^^ In case of a vacancy arising from a failure of a supervisor to qualify, the office shall be declared vacant, and the court of quarter sessions shall appoint.^^ But the mere omission to give bond does not ipso facto vacate the office without judicial ac- tion.^ ^ Though the office be declared vacant for failure to qualify, the court will appoint the person elected in preference to another, if, at the time the appointment is to be made, he pre- sents a satisfactory bond.^^ But this will not be done when it appears that the person elected was not at the time of ihe elec- tion a qualified elector of the township for which he was chosen.^^ Qualification. 87. Supervisors, as other township officers, shall, before en- tering upon the duties of his office, take and subscribe to an oath or affirmation, before some person having authority to ad- minister oaths, to support the Constitution of the United States and that of this Commonwealth, and perform the duties of his office with fidelity. A copy of the oath or affirmation certified by the person by whom it was administered is to be filed within ten days with the town clerk, if there be one in such town- ship.^^ Bond. 88. The township auditors, except in the county of Schuyl- kill, shall require a bond from the supervisors, before they shall 18 Sadsbury Twp. Sup., 16 Lane. L. R. 181, s. c. 13 York 58. 19 Washington Twp. Sup., 7 North 168, s. c. 13 York 176. 20 Act March 16, i860, P. L. 174, Sec. 2, 2 P. & L. Dig. 4700. 21 Stephens vs. Potter, 4 W. N. C. 375- 22 Ridley Twp. Sup., 8 Del. 22, s. c. 9 D. R. 732, 7 North 332. 23 Darby Twp. Supervisor, 7 Del. Co. 597, s. c. 9 D. R. 678. 24 Act April IS, 1834, P. L. 537, Sec. 86, 2 P. & L. Dig. 4696. 92 LAW OF TOWNSHIPS IN PENNSYLVANIA. enter upon the duties of their office, in a sum not less than double the probable amount of the tax which may come into the hands of the said officers ; which bonds shall be taken in the name of the township, conditioned for the faithful performance of their duties, accounting for and paying over to the township treasurer (where such officer exists), or to their successors in office, any balance that may remain in their hands at the set- tlement of their account by the auditors. In case of default for thirty days after settlement of their accounts the auditors are directed to proceed upon the said bond and collect the same for the use of the township.^^ Should such officer desire to confine himself to individual re- sponsibility, each may give bond in double the amount of money which the auditors may determine will probably come into his hands for the ensuing year.^^ In such case the supervisor is not responsible for the default of his associate.^'^ Where there has been a failure to give bond within one month after his election, the office may be declared vacant, and a successor appointed.^^ But the court must judicially so de- clare before a new supervisor is chosen.^^ In case the proper bond is tendered the auditors should ap- prove it.^^ The office cannot be declared vacant because they refuse to do so until a small indebtedness due on a prior ac- count is paid.^^ Nor can this be done where there has been a failure to approve, and a surety withdraws after the time for approval has elapsed. ^^ The bond is valid and may be enforced though never approved, and though it has been given but by one supervisor. ^^ Or if taken in favor of the auditors for the 25 Act Mar. i6, i860, P. L. 174, Sec. i, 2 P. & L. Dig. 4700. 26 Act March 16, i860, P. L. 174, Sec. i, 2 P. & L. Dig. 4700. 27 In re Granahan, 3 Kulp 450. 28 Act March 16, i860, P. L. 174, Sec. 2, 2 P. & L. Dig. 4700. 29 Stephens vs. Potter, 4 W. N. C. 375. 30 Spring Brook Township vs. Thomas, 8 Luz. L. R. 112. 31 Rice's Appeal, 158 Pa. 157. 32 Auditors vs. Frederick, 15 Montg. Co. 105, 22 Pa. C. C. 448. 33 Young vs. Machamer, i Pears. 303. COMMISSIONERS AND SUPERVISORS. 93 use of the township, and the township may bring suit on it.^'* A faihire to furnish security furnishes reason for declaring the office vacant, but the court cannot compel the furnishing of it by mandamus. Yet in such a proceeding to compel the payment of moneys to the supervisor which are due the township, the court may refuse to so order unless security be given, the writ being ex gratia.^^ Special bonds may be ordered by the court where a special tax is directed under the provisions of the Act of March 31, 1864.36 In case of default the liability of the surety is fixed by the adjudication of the township auditors, which is unappealed from, finding what moneys have come into the hands of the supervisor during the year. 3''' When such officer has been re- appointed, he becomes his own successor, and the sureties are liable for the balance remaining unexpended in his hands in ad- dition to the correct receipts of his term.^^ Hefusal to Serve. 89. The Act of 1834 imposed a penalty of twenty dollars upon the elected supervisor who refused to serve, provided that no person shall be required to serve in any such office more than three years in twelve years. ^^ A mere failure to give security will not, however, make him liable for the penalty, provided the auditors should be satisfied that such security could not be obtained.^*^ 34 Dyer vs. Covington Township, 28 Pa. 186. 35 Porter Twp. Road, i Walker 10. 36 In re Foster Township, 7 Kulp 21. 37 Com. vs. Smythe, 21 Lane. L. R. 109; Chanceford Twp. vs. Craley, II D. R. 724, s. c. 15 York 149; East Cocalico Twp. vs. Swigart, 15 Lane. L R. 319. 38 Com. vs. Sweigart, 9 Pa. Sup. 455. 39 Act April 15, 1834, P. L. 537, Sec. 85, 2 P. & L. Dig. 4696. 40 Act March 16, i860, P. L. 174, Sec. 3, 2 P. & L. Dig. 4700. 94 LAW OF TOWNSHIPS IN PENNSYLVANIA. Duties. 90. The powers of the supervisors to contract on behalf of and bind the township, their duties as to roads, bridges, taxes and grant of franchises will be noticed subsequently under ap- propriate heads. Generally the duties imposed by law on the supervisors of roads and highways devolves upon them, and they shall by vir- tue of their office be overseers of the poor (in those townships of the State in which this office exists). They are required to keep fair and clear accounts, in a book to be provided for that purpose, of all moneys received by them, or either of them, and by them or either of them expended on behalf of the township ; and such accounts verified by oath or affirmation shall be ex- hibited to the township auditors, at the annual settlement of the accounts of such supervisors."*^ An itemized account of the work and labor done should be presented.^^ For a wilful neglect to perform duties the officers may be indicted, as in the case of failure to open roads, which will be considered subsequently. In case of the embezzlement of pub- lic money entrusted to their care, an indictment for embezzle- ment may be maintained.^^ For neglect or refusal to pay over money or produce his accounts, the delinquent may be commit- ted to jail by the auditors by warrant under their hands and seals directed to the sheriff or any constable of the county, set- ting forth the cause of such commitment, there to remain until he shall comply with the requisitions of the law, or be other- wise legally discharged.^* And for any neglect or refusal to perform his duties he shall be subject to a penalty of not less than four nor exceeding fifty dollars to be recovered in a sum- 41 Act April 15, 1834, P. L. 537, Sees. 90 and 94, 2 P. & L. Dig. 4696-8. 42 Stolpe's Appeal, 11 Kulp 143. 43 Act March 31, i860, P. L. 385, Sec. 65, i P. & L. Dig. 1193. 44 Act April IS, 1834, P. L. 537, Sec. 91, 2 P. & L. Dig. 4697. Such pro- cedure was held to be limited to the delinquent, and not to extend to his personal representatives under the earlier Act of April 6, 1802, Sec. 4, 3 Sm. L. 513, Shronk vs. Supervisors of Penn Township, 3 Rawle 347. COMMISSIONERS AND SUPERVISORS. 95 mary way by action of debt in the name of the Commonwealth, before any justice of the peace of the county, to be applied to repairing the highways of the township, subject however to the right of appeal to the court of quarter sessions.^^ Compensation. 91. The township supervisor is allowed in the settlement of his account the sum of one dollar and fifty cents for each day he shall be necessarily employed in the discharge of the duties of his office, unless his compensation be fixed by special or local laws.*® The right to recover for other than service rendered, such as compensation for teams used in the service of the town- ship will be noticed under the power to bind the township by contract. The supervisors are not entitled to any commission upon taxes collected, such service being performed by the collector, the fund being paid to the township treasurer where such office exists. Supervisors are not therefore entitled to a commission on taxes worked out on the roads,'*''^ for the township collector and treasurer would not be.*^ But it has been said that he may recover the treasurer's commission of two per cent, on un- seated land tax, where there is no treasurer.*^ Under the Act of June 25, 1885, a commission would be allowed to the super- visor in case he collects a special tax ordered by the court.^^ For services rendered in destroying Canada thistles under the Act of April 24, 1885,^^ he must look to the owner of the land for compensation. ^^ For the compensation due for services rendered or money ex- pended he must present his claim to the township auditors, and 45 Act April 15, 1834, P. L. 537, Sec. 92, 2 P. & L. Dig. 4697. 46 Act May 14, 1889, P. L. 87, Sec. i, 2 P. & L. Dig. 4697. 47 Mt. Carmel Township vs. McDonnell, i Kulp 20. 48 Brennan's Ap., i Walker 522; Lewis vs. Flanagan, I Leg. Rec. 141. 49 Mt. Carmel Twp. vs. McDonnell, i Kulp 20. 50 Act June 25, 1885, P. L. 187, Sec. 4, 2 P. & L. Dig. 4604. 51 Act April 24, 1885, P. L. 9, I P. & L. Dig. 528. 52 Bilger vs. Township, 22 Pa. C. C. 670. 96 LAW OF TOWNSHIPS IN PENNSYLVANIA. if disallowed must appeal. ^^ After a balance found he could sue the township prior to 1864.^^ Now a statutory method of collection is provided by the levying of a special tax and this remedy must be pursued. ^^ 53 Brown vs. White Deer Twp., 27 Pa. 109; Dyer vs. Covington Twp., 28 Pa. 186. 54 Carney vs. Wheatfield Twp., 4 W. & S. 215. 55 Barrett vs. Plymouth Twp., 13 Montg. 46. CHAPTER XL TAX COLLECTOR. SEC rioN SECTION 92. In townships of the first 96. Duties. class. 97. Collection of taxes. 93- In townships of the second 98. Responsibility of collectors. class. 99. Compensation. 94. Election. 100. Assistant collectors. 95- Oath and bond. In Townships of the First Class. 92. As already noticed the duplicate of taxes is to be deliv- ered in townships of the first class to the township treasurer, whose duty it is to collect the same. To assist him in this ser- vice he is authorized to appoint one or more deputy collectors. Together they shall exercise all powers conferred by existing laws on township tax collectors.^ The compensation is fixed by section 14 of this act, which is to be five per cent, of the taxes unless a different rate be jfixed by ordinance of the township commissioners. In paying the tax a discount of five per cent, is to be allowed if paid within sixty days from the time of no- tice.^ If not paid within six months a penalty of five per cent, shall be added.^ In Townships of the Second Class. 93. For townships of the second class a large number of local acts are to be found on the statute books, providing for the collection of taxes in various townships. A general system for 1 Act April 28, 1899, P. L. 104, Sees. 13 and 16, 4 P. & L. Dig. 924-5. 2 Act April 28, 1899, P. L. 104, Sec. 16, 4 P. & L. Dig. 925. 3 Act June 4, 1901, P. L. 361, 4 P. & L. Dig. 924. 97 98 LAW OF TOWNSHIPS IN PENNSYLVANIA. those districts having no special legislation was provided by the Act of June 25, 1885.'* This act is constitutional, it not offend- ing against the provision of the Constitution relating to local legislation.^ This legislation authorizes the collection of county taxes, though this subject is not clearly expressed in the title.*' Local laws are not repealed by this act.'^ Further legis- lation was passed in 1893 which is general in its nature,^ and repeals all inconsistent local laws.^ Election. 94. The voters of the township shall elect triennially one properly qualified person for tax collector, who shall serve for three years.^*^ His term of office shall commence on the first Monday of April next after his election. In case of vacancy, or upon failure of the officer elected to qualify on or before the fourth day of the term of the court of quarter sessions next en- suing his election, the said court shall declare his office vacant, and appoint a suitable person, resident in the proper township to fill the same.^^ Such vacancy does not occur until the court 4 Act June 25, 1885, P. L. 187. 5 Evans vs. Phillipi, 117 Pa. 226; Bennett vs. Hunt, 148 Pa. 257; Com. vs. Lyter, 162 Pa. 50; Swatara Twp. School Dist.'s Appeal, i Pa. Sup. 502; Bitting vs. Commonwealth, 20 W. N. C. 178; Commonwealth vs. Frutchey, I D. R. 153; these cases overrule In re Hannick's Bond, 3 Pa. C. C. 254; In re Collector's Bond, 4 C. P. 38 ; Evans vs. Witmer, 2 Pa. C. C. 612 ; Commonwealth vs. Swab, 8 Pa. C. C. 1 1 1 ; Com. vs. Lackawanna Co., 7 Pa. C. C. 173. The appeal in the latter case was quashed in 133 Pa. 180. 6 Bennett vs. Hunt, 148 Pa. 257. 7 Malloy vs. Reinhard, 115 Pa. 25; Act June 25, 1885, P. L. 187, Sec. 13 ; Com. vs. Scheckler, i Pa. C. C. 505 ; Keim vs. Devitt, 3 Pa. C. C. 250 ; In re Election, 3 Lane. L. R. 225 ; Frederick vs. Com., i L. V. 29 ; Reilly vs. School Board, i North. Co. 312. 8 Act June 6, 1893, P. L. 333. 9 Com. vs. Wunch, 167 Pa. 186 ; Bear vs. Eshleman, 14 Lane. L. R. 273 ; Buckwalter vs. Lancaster, 12 Pa. Sup. 272 ; See Com. vs. Huffman, 6 Pa. Sup. 211. 10 Act June 6, 1893, P. L. 333, Sec. i, 2 P. & L. Dig. 4603. For the effect of this legislation on local acts, see Com. vs. Huffman, 6 Pa. Sup. 211. 11 Act June 25, 1885, P. L. 187, Sees, i and 2, 2 P. & L. Dig. 4603. TAX COLLECTOR. 99 declares it.^- By the Act of July 2, 1895,^^ the court of quar- ter sessions is authorized to appoint in case of any vacancy, upon petition of any resident citizen, a suitable person for the unexpired term.^* Oath and Bond. 95. The collector of taxes shall, before he enters upon the duties of his office, take and subscribe an oath of office, and file the same in the office of the court of quarter sessions of the proper county, and shall also enter into a bond to the Common- wealth in double the probable amount of taxes that will come mto his hands, with at least two sufficient sureties ; said bond to be approved by the said court; the condition of which bond shall be, that the said collector shall well and truly collect and pay over, or account for, according- to law, the whole amount of taxes charged and assessed in the duplicates, which shall be delivered to him.^^ Under some local acts the county treasurer approves the bond.^^ Or appoints the collector.^''' Only one bond, to be approved by the court, is required since the Act of 1893.^® But it must be renewed annually.^^ Collectors of special taxes are required to give bonds as fixed by the court, and to be approved by it. If the officer does not qualify, he shall nevertheless assess and levy the tax, and the court may appoint a tax collector to receive the moneys due. In such case he shall give bond.^*' The tax collector is accountable to the county or township 12 Com. vs. Stambaugh, 164 Pa. 437; Com. vs. Lindenmoyer, 5 North. 165. 13 Act July 2, 1895, P. L. 434, Sec. i, 3 P. & L. Dig. 593. 14 Com. vs. Lindenmoyer, 5 North 165. 15 Act June 25, 1885, P. L. 187, Sec. 3, 2 P. & L. Dig. 4603. 16 Com. vs. Jimison, 205 Pa. 367. 17 Mattern vs. Allegheny County Com., 12 D. R. 244. 18 Act June 6, 1893, P. L. 333, 2 P. & L. Dig. 4603 ; Com. vs. Dauphin Co. Com., 3 D. R. 584. 19 Sullivan Co. vs. Middendorf, 7 Pa. Sup. 71. 20 Act May 25, 1878, P. L. 150, Sec. i, 2 P. & L. Dig. 4604. lOO LAW OF TOWNSHIPS IN PENNSYLVANIA. treasurer for the taxes which he receives.-^ And it is no de- fense that the moneys received were paid to another than the person provided by statute.-^ It is the duty of the township auditors to settle his accounts, and such is conclusive unless an appeal be taken to the court of common pleas as provided by law.^^ If, however, the settlement be conditional, the audi- tors may make a re-settlement and adjustment of the accounts if the condition be not fulfilled.^* A suit on the bond of the tax collector is properly brought in assumpsit, and the averments of the statement are sufficient, when it assigns with certainty the failure to pay or account for a definite sum claimed as a balance of the taxes in the duplicate for a given year.^^ But no suit may be brought upon the bond until a settlement of the accounts has been had.^*^ An action against the sureties based upon an auditor's report showing what was claimed to be due in lump for three years cannot be maintained where there are different sureties for each year; nor can a recovery be had in such action upon another report attempting to separate the amounts due for each year, which report was made after suit brought.^''^ But a tax collector may be convicted of defalcation under the Act of June 3, 1885,^^ when he has been in default as to moneys which he had collected within two years prior to the finding of the indictment, where he used some of the moneys collected within two years, to make good a defalcation m previous years, and although he paid into the county treas- ury during the two years, more money than he had collected in that time.^^ And a recovery may be had from the surety where 21 Township vs. Blackwell, 4 Lane. L. R. 330. 22 Com. vs. McAndrews, 8 Kulp 335. 23 Act June 25, 1885, P. L. 187, Sec. 11, 2 P. & L. Dig. 4610 ; Com. vs. Gruver, 13 Pa. Sup. 553. 24 Com. vs. Allis, 19 Pa. Sup. 130 — here a township treasurer. 25 Com. vs. Gruver, 13 Pa. Sup. 553. 26 Swatara Twp. School District's Appeal, i Pa. Sup. 502. 27 Com. vs. Piroth, 17 Pa. Sup. 586. 28 Act June 3, 1885, P. L. 72, i P. & L. Dig. 1194. 29 Com. vs. McCullough, 19 Pa. Sup. 412. TAX COLLECTOR. lOI the money collected on the duplicate of the second year was used to pay the sum on the first.^^ A condition in the bond that the collector will pay to the county treasury the amount of his duplicate, deducting com- missions is good, the liability not being greater than that im- posed by law.^^ The absence of a seal to the signature of one of the sureties does not affect his liability. The question as to V'hether he adopted the seal of one of his co-sureties is for the jyj-y 32 ^ county treasurer cannot release the sureties by ac- cepting a note from the collector, and putting the same in judg- ment.^^ A surety cannot protect himself by showing that a por- tion of the taxes collected under the warrant had been levied upon certain persons and property, not liable to taxation.** When the collector's liability on the bond for the county rates, has been barred by the statute of limitations, but that for the State tax remains, under a general plea of the statute in an ac- tion on his bond, both county and State taxes are recoverable. *° Interest is recoverable from a reasonable time after the collec- tor became liable.*^ Duties. 96. The Act of 1885 directed that the tax collectors should collect the township taxes as well as those of the county, school or poor district.^^ This act repeals former legislation allowing the school board to appoint a collector for the school district. He is entitled to the duplicate of county taxes, and the county commissioners can be compelled by mandamus to furnish it.^^ The duplicate is to be delivered on or before the first day of Au- 30 Com. vs. Knettle, 182 Pa. 176. 31 Glover vs. Wilson, 6 Pa. 290. 32 Templeton vs. Com., 8 Atl. Rep. 167. 33 Templeton vs. Com., 8 Atl. Rep. 167. 34 Moore vs. Allegheny City, 18 Pa. 55. 35 Stiles vs. Reynolds, 24 Pitts. L. J. O. S. 33. 36 Glover vs. Wilson, 6 Pa. 290. 37 Act June 25, 1885, P. L. 187, Sec. 4, 2 P. & L. Dig. 4604. 38 Com. vs. Lyter, 162 Pa. 50 ; Somerville vs. Gallaher, 13 Pa. C. C. 666. I02 LAW OF TOWNSHIPS IN PENNSYLVANIA. gust, but the collector cannot refuse to receive the same, be- cause it is not tendered on that day, when he knew before that time that it was ready for him.^^ Special taxes, or road taxes not worked out after full opportunity has been given to do so,^^ are also to be delivered to the tax collector for the collection of which he shall receive a commission of five per cent. The su- pervisors or road commissioners may nevertheless collect these special taxes themselves.^ ^ But they cannot give the duplicate to a third party.^^ When a duplicate, of which a list shall be kept by the clerk of the commissioners,^^ for county taxes is received, the treas- urer of the county shall be given credit therewith, and the same charged against the collector, who shall make monthly returns of the sums received to the county commissioners.^^ The collector is required to keep a book in which shall be en- tered in alphabetical order the names of all persons charged with taxes in the duplicate and showing the amount of such tax charged against each person ; which book shall at all times be open to the inspection of each taxpayer. The cost thereof shall be allowed the collector in the settlement of his accounts, and the book shall be delivered to his successor at the expira- tion of his term.'*^ This list is not required in the case of road taxes.^^ When the duplicate is received, public notice shall be given as soon as possible by at least ten written or printed notices to be posted in as many public places in different parts of the township. All persons who shall pay within 60 days shall be entitled to a reduction of five per cent., and those who fail 39 Somerville vs. Gallaher, 13 Pa. C. C. 666. 40 Kemmerer vs. Foster Twp., 120 Pa. 153. 41 Magill z;^. Hellyer, 2 D. R. 644; sub nom. Magill's Case, 13 Pa. C. C. 257- 42 Magill vs. Hellyer, supra. 43 Act Feb. 28, 1835, P- L- 45, Sec. 4, 2 P. & L. Dig. 461 1. 44 Act June 8, 1891, P. L. 212, Sec. i, 2 P. & L. Dig. 4605. 45 Act June 25, 1885, P. L. 187, Sec. 6, 2 P. & L. Dig. 4606. 46 Act June 25, 1885, P. L. 187, Sec. 4, 2 P. & L. Dig. 4604. TAX COLLECTOR. IO3 to pay within six months shall be charged five per cent, addi- tional.^"^ This right to abatement for prompt payment does not apply to road taxes.'*^ The penalty may be imposed, though an appeal from the assessment is pending."^^ In order that all may take advantage of the rebate he is required to be in attendance by himself or authorized agent, for the purpose of receiving and receipting for taxes on Thursday, Friday and Saturday of each week during the last two weeks of the said 60 days, between the hours of two and six o'clock in the after- noon, at his residence, or some other place in the proper town- ship to be designated by him in the notice aforesaid. ^° Num- bered tax receipts shall be given upon payment, and a copy of the stubs showing the tax paid with the date shall be sent to the office of the county commissioners, which shall be open to public inspection. A failure to do so is made a misdemeanor.^^ Monthly returns are also required showing taxes collected and uncollected since the Act of July 9, 1897.^^ Ccllection of Taxes. 97. The warrant furnishes authority for the collection of the tax.^^ It has been customary to extend the period of col- lection for one year or more.^* He at once becomes liable for the amount of the duplicate, and cannot relieve himself from this obligation by resigning, and proffering the duplicate to his successor.^^ It is made the duty of the collector, in case of a refusal to pay within thirty days after demand made, to levy 47 Act June 25, 1885, P. L. 187, Sec. 7, 2 P. & L. Dig. 4606. 48 Kemmerer vs. Foster Township, 120 Pa. 153. 49 Lehigh C. & N. Co. vs. Gormley, 8 D. R. 375, s. c. 21 Pa. C. C. 636. 50 Act June 25, 1885, P. L. 187, Sec. 8, 2 P. & L. Dig. 4607. 51 Act June 25, 1895, P. L. 296, 3 P. & L. Dig. 593. 52 Act July 9, 1897, P. L. 242, 3 P. & L. Dig. 594. 53 Act April 15, 1834, P. L. 486, Sec. 21, 2 P. & L. Dig. 4607. 54 See Act of June 25, 1895, P. L. 287; Act May 11, 1897, P. L. 49; Act March 29, 1899, P. L. 22; Act March 27, 1901, P. L. 60; Act Feb. 13, 1903. P. L. S. 55 Com. vs. Ferrell, 17 Pa. C. C. 263. I04 LAW OF TOWNSHIPS IN PENNSYLVANIA. such amount by distress and sale of the goods and chattels of such delinquent, giving" ten days' public notice of such sale, by written or printed advertisements, and in case goods and chat- tels sufficient to satisfy the same with the costs cannot be found, such collector shall be authorized to take the body of such de- linquent and to convey him into the jail of the proper county, there to remain until the amount of such tax, together with the costs shall be paid or secured to be paid, or until he shall be otherwise discharged by due course of law.^^ The commitment must be by the collector, and not a justice.^'^ But no female, infant, or person of unsound mind shall be imprisoned for non- payment of taxes.^^ It is not necessary that a warrant should be delivered to the collector with the duplicate. The latter is a sufficient authorization to him to collect. ^^ But the warrant must set forth the facts justifying the imprisonment. Thus, where two taxes are named, it is not sufficient to give the amount in the aggregate.^*^ Taxes on unseated lands are not to be collected, but shall be certified and returned by the several authorities levying the same to the county commissioners to be collected.^ ^ Such re- turns are to be made before the first of January of each year.^^ Collectors shall not sue for taxes until their warrants have expired, and only in case they have not been exonerated.®^ In such suit it must appear that the collector has not been ex- onerated.®^ 56 Act April 15, 1834, p. L. 509, Sec. 21, 2 P. & L. Dig. 4607. 57 Com. vs. Deuel, 8 D. R. 431. 58 Act April 15, 1831, P. L. 509, Sec. 45, 2 P. & L. Dig. 4608. 59 Com. vs. Ferrell, 17 Pa. C. C. 263; Com. vs. Stambaugh, 164 Pa. 437. 60 Sommer's Case, 19 Montg. 60. 61 Act June 25, 1885, P. L. 187, Sec. 12, 2 P. & L. Dig. 4623. 62 Act April 21, 1856, P. L. 477, Sec. 2, 2 P. & L. Dig. 4622. 63 Act April 15, 1834, P. L. 509, Sec. 50, 2 P. & L. Dig. 4608, and the Supplement of April 11, 1848, P. L. 517, Sec. 3, 2 P. & L. Dig. 4608. 64 Gring vs. Burkholder, 2 Woodward 82; Bouck vs. Supervisors of Kittanning, i Am. Law Reg. 125. TAX COLLECTOR. IO5 Exonerations may be made by the proper authorities, when the tax is not collectible.^^ The duty of the collector is to receive the money, and pay the same to the proper authorities. He is not required to pay or- ders drawn by the township treasurer. Nor will the court compel him to pay such an order by mandamus, where there is a vacancy in the office of treasurer.^^ Road and poor taxes may be collected by levy and sale, as are school and county taxes since the Act of May 22, 1895,^'^ but this legislation does not deprive of the right to work out any portion of the road tax, as provided by existing law. In so acting, the provisions of the Act of April 15, 1834,^^ con- trol.«» Responsibility of Collectors. 98. In case the collector shall fail to perform the duties imposed upon him, he shall forfeit a sum not exceeding forty dollars which penalty, however, shall not relieve the sureties upon his bond.'^° Should he refuse to serve, he shall be subject to a penalty of fifty dollars.''^^ The commissioners are directed to file a certificate under their hands and seals in the office of the prothonotary of the court of common pleas of the county within three months after the delivery of the duplicate to the collector, stating the amount due and unpaid by such collector. This certificate shall be docketed, and have the same effect as a judgment upon which execution may issue for the amount remaining unpaid 6s Act June 25, 1885, P. L. 187, Sec. 10, 2 P. & L. Dig. 4610. 66 Hoover vs. Reap, 10 Kulp 59, s. c. 14 York 62. 67 Act May 22, 1895, P. L. 11 1, 3 P. & L. Dig. 595. 68 Act April 15, 1834, P. L. 509, 2 P. & L. Dig. 4597. 69 Rice vs. Burns, 9 Pa. Sup. 58. 70 Act April IS, 1834, P. L. S09, Sec. 41, 2 P. & L. Dig. 4611. 71 Act April 22, 1846, P. L. 486, Sec. 20, 2 P. & L. Dig. 4612. I06 LAW OF TOWNSHIPS IN PENNSYLVANIA. at any time after the entry aforesaidJ^ This is not affected by the Act of June 25, 1885.'^^ No defaulting or dehnquent collector shall be appointed again until he shall have finally settled, and paid over the whole amount received by him on former duplicates.'^^ But if re- appointed his sureties are nevertheless liable.'^^ Defaulting tax collectors are guilty of the crime of embez- zlement.'^'^ And even though he pays into the county treasury during the two years prior to the indictment more money than he had collected in that time, a part being to cover a prior de- falcation, he may be convicted. ''^^ But an indictment cannot be sustained, because of duplicity, under this act where there is joined in one count a charge of embezzlement of State, county and school funds. "^^ By the Act of 1799 county treasurers were given power to issue warrants against defaulting collectors or against sheriffs or coroners detaining taxes, and also to sell the lands of such persons. ^^ Though the Act of Assembly gives two years in which to collect taxes, the collector is not entitled to wait the expiration of his term and three months after to settle his accounts for the first year of his term.^^ Compensation. 99. The collector is allowed two per cent, on all taxes paid to 72 Act Feb. 28, 1835, p. L. 45, Sec. 3, 2 P. & L. Dig. 461 1. For school taxes see Act of April 11, 1862, P. L. 474. 74 School District vs. Pitts 184 Pa. 156. 75 Act April 15, 1834, P. L. 509, Sec. 42, 2 P. & L. Dig. 4611 ; Act Feb. 28, 183s, P- L. 45, Sec. 5, 2 P. & L. Dig. 461 1. 76 Boreland vs. Washington Co., 20 Pa. 150. 77 Act June 3, 1885, P. L. 72, Sec. i, 2 P. & L. Dig. 4612. 78 Com. vs. McCullough, ig Pa. Sup. 412. 79 Com. vs. Miller, 20 Pa. C. C. 183. 80 Act April II, 1799, 3 Smith's Laws 392, Sees. 18, 19, 20 and 21, 2 P. &L. Dig. 4612-14. 81 Com. vs. Ferrell, 17 Pa. C. C. 263. TAX COLLECTOR. lO/ him on which an abatement of five per cent, is allowed, and five per cent, on all taxes afterward collected, provided that where the duplicate is less than $1000.00, he shall receive three per cent, on the taxes on which the abatement is allowed. All taxes collected within sixty days shall be paid over within fif- teen days after the expiration of the said sixty days, and all taxes thereafter collected during his term of office shall be paid over at regular intervals of one month, and a full and complete settlement of all taxes collected shall be made by the said collector not less than three months after the expira- tion of his term of office.^^ The collectors of county taxes are required to make their returns under oath or affirmation which the county treasurers are authorized and required to adminis- ter, and which shall be filed in the commissioners' office of the proper county.^ ^ The two per cent, commission allowed by the Act of 1891 is not to include the five per cent abatement for prompt payment, but he is entitled to a five per cent, commission on taxes col- lected after six months, and on the penalty added for delin- quent payment.^^ The compensation of a collector of a special tax is five per cent.^^ Since the Act of 1893 repealed local laws as to the collection of taxes, collectors must be compensated as provided in the Act of 1885, and the supplement of 1891, and not as directed by special laws on the subject.^® But if the collector has been paid under the local act without objection he cannot recover back the difference after settlement, since such is binding on him.^^ 82 Act June 2, 1891, P. L. 175, Sec. i, 2 P. & L. Dig. 4609. This is an amendment to Sec. 9 of the Act of June 25, 1885, P. L. 187. 83 Act April 22, 1846, P. L. 486, Sec. 19, 2 P. & L. Dig. 4609. 84 Com. vs. Scott, 7 Pa. C. C. 409. 85 In re Indebtedness of Sugar Notch Borough, 10 Kulp 340. 86 Buckwalter vs. Lancaster County, 12 Pa. Sup. 272. 87 Sides vs. Lane. Co., 9 D. R. 609; 17 Lane. L. Rev. 275. See Ephrata Township School Board vs. County, 17 Lane. L. R. 317. I08 LAW OF TOWNSHIPS IN PENNSYLVANIA. The tax collector is not entitled to commissions upon taxes worked out on the road or on exonerations.^^ Assistant Collectors. lOO. Collectors may employ suitable persons to act for them in the execution of their warrants, such collectors and their sureties being in all cases responsible for the acts of such deputies.^^ Executors or administrators of deceased tax collectors have the same powers as the tax collector himself would have if h'ving, to enforce the collection of unpaid taxes until the end of two years, from the date of the warrant, or they may employ suitable persons to act for them in the execution of the war- rants.^® 88 Brennan's Appeal, i Walker 522 ; Lewis vs. Flanagan, i Leg. Rec. Rep. 141. 89 Act April 15, 1834, P. L. 509, Sec. 51, 2 P. & L. Dig. 4608. Note.— For townships of the first class, see section 92. 90 Act March 26, 1867, P. L. 45, Sec. i, 2 P. & L. Dig. 4608. CHAPTER XII. TOWN CLERK. SECTION SECTION lOi. In townships of the first 102. In townships of the second class. class. 103. Duties. In Townships of the First Class. loi. In townships of the first class the board of commission- ers shall elect a town clerk, who must be a qualified voter of the township and not a member of the board. He shall perform all the duties of town clerk, as prescribed by existing laws. He shall also act as secretary of the board, shall be the official keeper of the minutes and shall generally do and perform such duties as may be prescribed by ordinance of the board. His salary shall be fixed by ordinance.^ The fact that the ap- pointee is a member of the Legislature will not prevent his act- ing, since such offices are not incompatible under Art. 2, Sec. 6 of the Constitution.^ In Townships of the Second Class. 102. The electors of each township shall annually choose a town clerk, who shall serve for one year, and until a successor shall be duly elected or appointed. But such person shall not be elected unless he receive at least one-half of the number of votes polled at the same election for supervisors.^ By section 83 of this act the court of quarter sessions is directed to appoint 1 Act May 28, 1899, P. L. 104, Sec. 19, 4 P. & L. Dig. 926. 2 Com. vs. Murphey, 25 Pa. C. C. 637, 15 York 99, 17 Montg. Co. 174. 3 Act April IS, 1834, P- L- 537, Sec. 81, 2 P. & L. Dig. 4685. 109 no LAW OF TOWNSHIPS IN PENNSYLVANIA. where a vacancy occurs by death, resignation or otherwise, or where there is a refusal or neglect to serve. The court may therefore appoint, when the person elected refuses to serve before the commencement of his term.^ Duties. 103. The town clerk shall be clerk to the supervisors and as such shall keep a record of the proceedings of the said offi- cers. For this purpose he shall provide suitable books at the expense of the township. His records shall be open to search, for each of which searches he shall be entitled to a fee of ten cents. The compensation for his general duties shall be fixed by the supervisors.^ In case he refuses to produce the books before the auditors when directed, an attachment may issue, and a commitment issue.^ He shall also receive and hold the oaths of township officers, which are by law required to be filed with him.''' 4 Appointment of Town Clerk for Nether Providence Township, 10 D. R. 631 ; 8 Del. Co. 141 ; 14 York 167. 5 Act April 15, 1834, P. L. 537, Sees. 99, 100 and loi, 2 P. & L. Dig. 4685-6. 6 Twp. of Mclntyre vs. Walsh, 137 Pa. 302. 7 Act April IS, 1834, P- L- 537. Sec. 86, 2 P. &. L. Dig. 4687. CHAPTER XIIL TOWNSHIP AUDITORS. SECT ION SECTION 104. Auditors in townships of the 113. Appeal. first class. 114. Recognizance. 105. Township auditors. 115. Power of court to modify. 106. Meetings. 116. Costs. 107. General duties. 117. Compensation. 108. Duties as to accounts. 118. Vacancies. 109. Presentation of claims. 119. Duties as to fences. 1 10. Effect of settlement. 120. Duties of the viewers. III. Conclusiveness. 121. Penalty for neglect of duty. 112. Report of auditor. 122. Compensation. Auditors in Townships of the First Class. 104. In townships of the first class, a township auditor is to be elected annually who shall serve for three years.^ His duties are the same as those to be performed by auditors in townships of the second class.^ Township Auditors. 105. Unless otherwise provided by special legislation, three auditors are to be chosen for a term of three years, one to be elected each year.^ As in the case of other township officers an oath or affirmation must be taken before a duly authorized per- son, and a certified copy thereof filed with the town clerk, if any such there be.* But it has been said that on a mandamus to compel the resettling of accounts the court will not inquire into 1 Act April 28, 1899, P. L. 104, Sec. 4, 4 P. & L. Dig. 914. 2 Act April 28, 1899, P. L. 104, Sec. 20, 4 P. & L. Dig. 926. 3 Act April 15, 1834, P. L. 537, Sec. 81, 2 P. & L. Dig. 4693. 4 Act April IS, 1834, P. L. 537, Sec. 86, 2 P. & L. Dig. 4696. Ill 112 LAW OF TOWNSHIPS IN PENNSYLVANIA. the question of such qualifications, since the auditors acted as such de facto, if not de jure.^ Meetings. 1 06. By the Act of 1834 the auditors, two of whom duly convened shall be a quorum, were directed to meet on the sec- ond Monday of April, and oftener if necessary, to audit, settle and adjust the accounts of the supervisors, township treasurer and of such other township officers as shall be referred to them.^ In 1874 the time was changed to the first Monday of June,'^ but was subsequently fixed again for the second Mon- day of April, except as to the accounts of school directors.^ This was again altered to the second Monday of March, where it now stands,^ except as to the accounts of the school directors and the school treasurer. General Duties. 107. The duties to be performed by auditors are strictly statutory and consist in settling the accounts, viewing fences, and in certain counties appraising sheep damage. Unless by virtue of special legislation their functions go no further. The court will not therefore compel them by mandamus to coun- tersign obligations of the township.^" Their various duties will be considered separately. Duties as to Accounts. 108. It is the duty of the township auditors to audit, settle and adjust the accounts of the township officers as already no- ticed. By the Act of May 21, 1857,^^ supplanting the Act of June 5 Com. vs. Auditors of Middletown, 2 Pears. 224. 6 Act April 15, 1834, P. L. 537, Sec. 102, 2 P. & L. Dig. 4689. 7 Act April 24, 1874, P. L. 112, Sec. i, 2 P. & L. Dig. 4690. 8 Act March 31, 1876, P. L. 12, Sec. i, 2 P. & L. Dig. 4690. 9 Act June 4, 1879, P- L. 94, Sec. 2, 2 P. & L. Dig. 4690. 10 Com. vs. Upper Darby Auditors, 2 D. R. 89, s. c. 5 Del. Co. 22. 11 Act May 21, 1857, P. L. 631, Sec. i, i P. & L. Dig. 801. TOWNSHIP AUDITORS. II 3 13, 1836/^ they are also required to settle the accounts of school treasurers of school districts. In case of independent school districts three special auditors are to be elected, one each year for a term of three years w^ho shall be duly qualified, and receive two dollars per diem for each day necessarily em- ployed. ^^ The accounts of supervisors who act as overseers of the poor by virtue of the Act of April 15, 1834,^^^ and the Act of Feb- ruary 28, 1835,-^^ are to be likewise settled by the township au- ditors. Where overseers of the poor are elected ^^ they are township officers, and their accounts are properly considered by the town- ship auditors. In case the poor district is not co-extensive with the county in which it is situated, but is composed in part of the cities, boroughs and townships of a county, the accounts are to be audited annually by a board consisting of the senior auditors of each city, borough and township of which the dis- trict may be composed, on the second Monday of January of each year. Compensation of one dollar and fifty cents for each day actually employed is to be allowed. This legislation does not repeal local acts, which remain in force. ^''^ Where a local act directs the appointment by the court of officers, here pathmasters, and auditors to settle their accounts, and the act is repealed, but directs that the officers shall hold until the end of the term for which appointed, the court can- not appoint auditors at the expiration of their service, but their account must be settled by the regular township auditors. ^^ 12 Act of June 13, 1836, P. L. 525, Sec. 9. 13 Act May 10, 1893, P. L. 41, 2 P. & L. Dig. 4694. 14 Act April 15, 1834, P. L. 537, Sec. 94, 2 P. & L. Dig. 15 Act Feb. 28, 183s, P. L. 45, Sec. 9, 2 P. & L. Dig. 16 Act June 4, 1883, P. L. 66, Sec. i, 2 P. & L. Dig. 17 Act June 18, 1881, P. L. 85, Sees, i and 2, 2 P. & L. Dig. 4693-4. 18 In re Pathmaster's Accounts, 10 Luz. L. Reg. 57. 114 LAW OF TOWNSHIPS IN PENNSYLVANIA. Presentation of Claims. 109. A common law action for compensation for services rendered or money expended will not lie. An itemized claim must be presented to the auditors for adjudication/^ and, if not appealed from, is conclusive.^*^ And the finding of the au- ditors is binding not only upon the officer, but upon his surety.^ ^ So the latter is bound if he fails to appeal from a finding that certain moneys came into the hands of the super- visors in a certain year, and he cannot show in a suit upon the bond that the principal did not receive credit with all disburse- ments, and was improperly charged with the receipt of certain funds.^^ And if judgment be entered upon the bond by virtue of a warrant of attorney and be certified to the court of common pleas, the face of the record alone can be considered on a rule to open the same.^^ To aid in the performance of the duties imposed the power is given to the auditors to compel the attendance of all parties and witnesses, and the production of books and papers, and to administer oaths and affirmations.^^ If an attachment be issued upon the failure of the town clerk to produce his books, he may be committed to jail. In such case, if he be released upon complying with the demands of the auditors, he cannot be charged with the cost of the process in the absence of agree- ment, there being no implied contract to so obligate himself.^^ The jurisdiction of the auditors extends only to accounts of the preceding year, and any action taken by the auditors as to 19 Stolpe's Appeal, 11 Kulp 143. 20 Dyer vs. Covington Twp., 28 Pa. 186; Porter vs. School Directors, 18 Pa. 144; Brown vs. White Deer Twp., 27 Pa. 109. 21 Com. vs. Comer, 2 Leg. Rec. Rep. 334. 22 Com. vs. Sweigart, 9 Pa. Sup. 455 ; Com. vs. Smythe, 21 Lane. L. R. 109. 23 Com. vs. Joyce, 3 Pa. Sup. 616, affirming 18 Pa. C. C. 193. 24 Act April 15, 1834, P. L. 537, Sec. 105, 2 P. & L. Dig. 4692. 25 Mclntyre Twp. vs. Walsh, 137 Pa. 302. TOWNSHIP AUDITORS. II5 previous accounts is invalid,^^ And such a finding would not be conclusive as to the surety though unappealed from.^'^ But such action has been held proper where the accounts for pre- vious years had never been audited.^® Effect of Settlement. 11 0. Where accounts have been settled the court will not compel by mandamus a resettling, though the first action was informal. Nor will it so order on the ground that the auditors were not properly qualified, since they were acting de facto, if not de jure.^^ But a settlement made by the auditors de- pendent upon the performance of a certain condition by the township treasurer, may be reopened by the same auditors, and a new adjustment made where the condition is not complied with.^*^ If the accounts be settled by improper officers, and the vouchers destroyed, the adjustment will be considered prima facie evidence of the proper settlement in an action brought against the collector five years after, the township be- ing estopped from objecting to the record by their laches.^^ The finding should be of the amount due by each officer, but if two supervisors be jointly charged with the balance, and this decision be not appealed from, both will be bound. ^- Conclusiveness. 111. As already noticed the finding of the auditors is con- clusive, if unappealed from, and an action may be maintained 26 Leasure vs. Mahoning Twp., 8 Watts 551 ; Short vs. Gilson, 107 Pa. 315- 27 Com. vs. Scanlan, 202 Pa. 250. 28 Richter vs. Penn Twp., 9 Pa. 79; Swatara Township School District vs. Geesey, 7 D. R. 173. See Com. vs. Stofer et al., 2 Pearson 224; Baer vs. Weaver, 3 Kulp 57. 29 Com. vs. Stofer et al., 2 Pearson 224. 30 Com. vs. Allis, 19 Pa. Sup. 130. 31 Scott vs. Strawn, 85 Pa. 471. Here the auditors settled the accounts of a collector of county tax for which no authority was given by the Acts of 1864 or 1866. 32 Township of Carbondale vs. Bonner, 5 Kulp 381. II Act May 21, 1857, P. L. 631, Sec. i, i P. & L. Dig. 801. 8 Il6 LAW OF TOWNSHIPS IN PENNSYLVANIA. against the officer for the balance found due.^^ Or against the surety.^^ Or both.^^ But such action must be begun within six years or the statute of limitations will bar a recovery.^® If judgment be entered against a principal, deceased, and sure- ties, it may be stricken off as to the former.^ ''^ It is not neces- sary that a scire facias issue to determine the exact amount due for which execution shall issue, the judgment being within the control of the court who will protect those interested. ^^ If judgment be entered against the supervisor upon appeal on the ground that certain payments were improvident, though not fraudulent, an affidavit of defense by the surety will be suffi- cient, which avers that the balance due did not arise from any breach of the bond, and that the defendant was not a party to the appeal proceeding,^® If the balance be found in favor of the officer, and is un- appealed from, a special tax may be ordered to pay the same by virtue of the Act of March 31, 1864. It would seem that this method of collection is exclusive since this statutory remedy has been provided.^" Prior to this legislation it had been held that a common law action could be maintained. ^^ Report of Auditor. 112. The report of the township auditors shall be filed with the town clerk, if there be one, and if there be no town clerk, it shall remain with the senior auditor, for the inspection of all 2,z Com. vs. Allis, 19 Pa. Sup. 130; Tracy vs. Titusville School District, 3 Walk. 263. 34 Com. vs. Sweigart, 9 Pa. Sup. 455 ; Shartzer vs. Washington Bor. School District, go Pa. 192; Com. vs. Gruver, 13 Pa. Sup. 553. 35 Com. vs. Allis, 19 Pa. Sup. 130. 36 Porter vs. School Directors, 18 Pa. 144. 37 Com. vs. Joyce, 3 Pa. Sup. 616. 38 Com. vs. Joyce, 18 Pa. C. C. 193, affirmed in 3 Pa. Sup. 616. 39 Hazle Township vs. Markle, 175 Pa. 405. 40 Barrett vs. Plymouth Twp., 13 Montg. Co. 46. 41 Carney vs. Wheatfield Township, 4 W. & S. 215. TOWNSHIP AUDITORS. 1 17 persons concerned. ^^ This is not required in the case of the treasurer of the school board."*^ Within ten days after the settlement the auditors are re- quired to publish all accounts passed upon by them by posting hand bills giving an itemized statement of receipts and expen- ditures in at least five public places within their respective township. If any two offices shall be exercised by one person only one statement as to his accounts is required. ^^ This legis- lation does not authorize the publication of the auditors' state- ment in a newspaper at the expense of the township.*^ But this act does not interfere with any other legislative enactment requiring annual statements by road commissioners, super- visors, overseers of the poor or school directors to be published in newspapers in their respective localities.*^ A copy of the statement posted shall be filed with the town clerk, and also with the clerk of the court of quarter sessions, v/hich shall at all times be subject to inspection by any citizen of the district.'*'^ It was held under the local Act of February 17, 1859,'*^ relating to Schuylkill county, which directed the filing of the statement with the clerk of the quarter sessions, that the filing of a copy was sufficient, even if the local act was not repealed by that of April 24, 1874.*^ For any violation of the Act of 1874 a penalty of twenty dollars is imposed to be sued for in the name of the school dis- trict upon complaint of any taxpayer, the proceeds to be paid into the treasury of the school district.^*^ 42 Act April IS, 1834, P. L. 537, Sec. 103, 2 P. & L. Dig. 4690; Plains Twp. Audit, 15 Pa. C. C. 408. 43 Com. vs. Auditors of Middletown, 2 Pears. 224. 44 Act April 24, 1874, P. L. 112, Sec. 2, 2 P. & L. Dig. 4692. 45 Lubrecht vs. Hazle Twp., 10 Kulp 482. 46 Act April 24, 1874, P. L. 112, Sec. 2, 2 P. & L. Dig. 4692. 47 Act April 24, 1874, P. L. 112, Sec. 2, 2 P. & L. Dig. 4692. 48 Act Feb. 17, 1859, P. L. 51. 49 Com. vs. Joyce, 3 Pa. Sup. 609. 50 Act April 24, 1874, P. L. 112, Sec. 3, 2 P. & L. Dig. 4693. Il8 LAW OF TOWNSHIPS IN PENNSYLVANIA. Appeal. 113. The township, or officer accounting-, is given the right to appeal to the court of common pleas of the county within thirty days after the settlement of the accounts, the court having the power to direct an issue to determine disputed facts if necessary. The appellant is required to enter into a recognizance, with two sufficient sureties, conditioned to prose- cute the appeal with effect, and to pay all costs accruing there- upon.^^ Subsequently this privilege was extended to any tax- payer in case a recognizance is entered into to pay the costs if the final decision be not favorable to the township or district.^^ The appeal by the taxpayer is of like effect as if the township were the appellant,^^ but it must appear that the appellants are taxpayer s.^^ It must appear by the record what accounts are questioned.^^ The appeal must be taken within thirty days.^^ But a party is not to be deprived of this right by acts or omissions of the public officers. Therefore if the appellant be deceived as to the time of settlement, the appeal may be allowed nunc pro tunc.^"^ The date fixed in the report as that of settlement is deemed con- clusive in the absence of clear evidence of fraud or mistake.^^ In computing the period allowed for appeal the day of settle- ment is to be excluded, and if the thirtieth thereafter falls on Sunday, the entry of the appeal on Monday will be sufficient.^* 51 Act April IS, 1834, p. L. 537, Sec. 104, 2 P. & L. Dig. 4691. 52 Act April 14, 1851, P. L. 612, Sec. 19, 2 P. & L. Dig. 4691— required two sufficient sureties; Act May i, 1876, P. L. 88, Sec. i, 2 P. & L. Dig. 4691 required one or more sufficient sureties. 53 Brennan's Appeal, i Walk. 522; School District of Pittston Twp., I Kulp 253. 54 Speicher vs. Clifton Township, i Kulp 465. 55 Speicher vs. Clifton Township, i Kulp 465. 56 Chanceford Twp. vs. Craley, 11 D. R. 724. 57 Plains Township Audit, 15 Pa. C. C. 408. 58 Township of Shippen vs. Burlingame, 20 W. N. C. 254. 59 McCready vs. McGovern, i Kulp 474. TOWNSHIP AUDITORS. IIQ Recognizance. 1 14, The appeal is a nullity unless the recognizance required by the act be entered into.^^ If it be defective, the court may permit bail to be given within a specified time. It will not be bad because not attested, where it was taken by the proper officer. Such a defect can be cured upon motion.^^ Power of Court to Modify. 115. The court may modify the adjustment made,^^ or may direct an issue to determine disputed questions of fact, if nec- essary.^^ From the decision of the court of common pleas, no appeal to the Superior or Supreme Courts lies. The whole proceeding is statutory, and no provision has been made for such review.®"* In Brennan's Appeal ®^ the record was consid- ered on certiorari. Costs. 1x6. In all cases of appeals from the decision of township auditors, settling the accounts of township officers, to the court of common pleas of any county, the costs shall abide the event of the suit,®® When the appeal is taken the recognizance is given to pay costs, if the final decision is not more favorable to the township or district. If not, costs are payable by the ap- pellant.®^ If a taxpayer has appealed, costs may be recovered from the township, which in turn has recourse against him.*®^ If the decision be more favorable, then costs are to be paid by the appellees.®^ 60 McCready vs. McGovern, i Kulp 474. 61 Speicher vs. Clifton Township, i Kulp 465. 62 Brennan's Ap., i Walker 522. 63 Act April IS, 1834, P. L. 537, Sec. 104, 2 P. & L. Dig. 4691. 64 Gangewere's Ap., 61 Pa. 342; Thomas vs. Upper Merion Twp., 148 Pa. 116; Mohney vs. Red Bank School District, 15 Atl. 891; Spring Brook Twp. vs. Thomas, 8 Luz. L. Reg. 112. 65 Brennan's Appeal, i Walker 522. 66 Act May 6, 1844, P- L. 565, Sec. 6, 2 P. & L. Dig. 4692. 67 Anderson's Ap., 9 Pa. C. C. 567. 68 School District of Pittston Twp. vs. Walsh, 1 Kulp 253. 69 Overseers of Rush Twp. vs. Lynn, 4 D. R. 651. I20 LAW OF TOWNSHIPS IN PENNSYLVANIA. Compensation. 117. The compensation of township auditors shall be two dollars per diem for each day necessarily employed in the duties of his office.'^^ This sum is payable by the township treasurer where such office exists.'^^ The Act of 1889 did not interfere with or change any local or special law, by which a larger amount than $2.00 per day was authorized.'''^ Vacancies. 118. Vacancies in the board of township auditors occurring by reason of failure to elect, by neglect or refusal to serve, by death or otherwise shall be filled by the court of quarter ses- sions of the proper county until the next annual election."^-^ Such a vacancy occurs where there is a failure to perform the duties imposed by law to audit the accounts of township offi- cers, though the reason for the failure was the neglect of the officers to produce their books on notice. This is no valid ex- cuse, for the reason that statutory authority is given by which the appearance can be compelled. ''^^ Duties as to Fences. 119. In addition to the duties imposed upon township audi- tors in the settlement of accounts they are required to perform the duties of fence viewers. Before assuming their duties they are required to take an oath to faithfully and impartially act in such capacity, '^° but a failure to do so will not render their certi- ficate invalid. "^^ In case of the death, removal or resignation of any fence viewers and auditors, so elected, the judges of the court of quarter sessions '^'^ of the proper county shall appoint 70 Act May 4, 1889, P. L. 86, Sec. I, 2 P. & L. Dig. 4692. 71 Act April 15, 1834, P. L. 537, Sec. 106. 72 Act May 4, 1889, P. L. 86, Sec. i, 2 P. & L. Dig. 4692. 73 Act April S, 1834, P. L. 537, Sec. 83, 2 P. & L. Dig. 4696. 74 Pittston Twp. Auditors, 8 Kulp 139. 75 Act March 11, 1842, P. L. 62, Sec. i, i P. & L. Dig. 2084. 76 Shriver vs. Stephens, 20 Pa. 138. yy This court was given jurisdiction by the Act of April 15, 1834, P. L. 537, Sec. 83, 2 P. & L. Dig. 4696. See Jayne vs. Smith, 9 Pa. C. C. 494. TOWNSHIP AUDITORS. 121 a suitable person to fill the vacancy for the unexpired term of the person whose place is vacant."^^ It is to be noticed that the Act of 1834 provided for the filling of vacancies in the office of auditor until the next annual election, but that the Act of 1842 provides that the person appointed fence viewer shall serve for the balance of the unexpired term.'^^ Duties of Fence Viewers. 120. The purpose of providing for fence viewers was to se- cure a method by which division fences should be kept up and the expense thereof be equitably adjusted between the land own- ers. This summary proceeding is not to be used to settle dis- puted boundary lines. ^^ It provides for the cases when any two persons shall improve lands adjacent to each other or when any person shall enclose any land adjoining to another's land already fenced in so that any part of the first person's fence be- comes the partition fence.^^ And the method provided for ad- justing the proportionate shares must be pursued. Until this is done one owner cannot maintain an action against the other to compel payment of his part.^^ Notice shall be given by the viewers, within five days after they have been notified of any dispute, to the parties interested. A failure to give such notice will not invalidate the proceed- ings when the party objecting was present at the view without complaining there of the omission to give previous notice.^^ Upon the day appointed the fence viewers, of whom a ma- jority shall be a quorum,**"* shall view and examine the line fence in dispute, and make out a certificate in writing, setting forth whether, in their opinion, the fence already built is suffi- cient, and if not, what proportion of the expense of building a 78 Act May 11, 1842, P. L. 62, Sec. 2, i P. & L. Dig. 2084. 79 Jayne vs. Smith, 9 Pa. C. C. 494. 80 Trego vs. Pierce, 119 Pa. 139. 81 Act May 11, 1842, P. L. 62, Sec. 3, i P- & L- Dig- 2085. 82 Weaver vs. Block, 18 Montg. 195. 83 Shriver vs. Stephens, 20 Pa. 138. 84 Act May 11, 1842, P. L. 62, Sec. 8, i P. & L. Dig. 2086. 122 LAW OF TOWNSHIPS IN PENNSYLVANIA. new or repairing the old fence should be borne by each party, and in each case they shall set forth the sum which, in their judgment, each party ought to pay to the other, in case he shall repair or build his portion of the fence, a copy of which certifi- cate shall be delivered to each of the parties.^^ The certificate of the fence viewers is not void because un- certain and omissions even of material matters may be sup- plied by parol.^^ So the report will be sustained, where the certificate sets forth the number of panels requiring resetting and repairing, though it fails to set forth the sum which the defendant ought to pay.^''^ The decision of the fence viewers is final and no appeal lies therefrom. ^^ If the party shall be delinquent in making or re- pairing the fence within ten days after the copy of the certifi- cate shall have been delivered to him, or shall fail to complete the same within a reasonable time, the parties aggrieved may repair or build the fence, and maintain an action before a jus- tice of the peace to recover for the work, labor, service done, and materials found, from the decision of which justice either party may appeal.^^ A statement that "plaintiff's demand is for $3.90 for viewing a line fence, October 9, 1897, between the improved lands of David Zartiman and said defendant, he being the delinquent," is sufiicient.^*^ Jurisdiction of the justice is not to be ousted by raising a question of title to the land upon which the fence stands. ^^ Penalty for Neglect of Duty. 121. If any viewer shall neglect or refuse to perform the 8s Act May 11, 1842, P. L. 62, Sec. 4, i P. & L. Dig. 2085. 86 Shriver vs. Stephens, 20 Pa. 138. 87 Roberts vs. Sarchet, 14 Pa. C. C. 372 — the Act of 1842 is not repealed by the Act of April 4, 1889, P. L. 27, which repealed the Act of 1700, i Smith's Laws 13, requiring the erection of fences. 88 Evans vs. Jayne, 23 Pa. 34. 89 Act May 11, 1842, P. L. 62, Sec. 5, i P. & L. Dig. 2086. 90 Sunday vs. Shuler, 12 York 134. 91 Stephens vs. Shriver, 25 Pa. 78. TOWNSHIP AUDITORS. 1 23 duties enjoined upon him, he shall pay for each neglect or re- fusal, the sum of $3.00 to be recovered by the party aggrieved as debts of a like amount are recoverable.^^ But the viewers shall not be called out to view any fence between the first day of November and the first day of April of the next year.®^ Compensation. 122. Fence viewers shall receive the sum of one dollar for every day necessarily spent by them in the discharge of their duties which they shall be entitled to receive from the delin- quent party, or in equal sums from each, as they shall decide to be just.^^ 92 Act May II, 1842, P. L. 62, Sec. 7, i P. & L. Dig. 2086. 93 Act May 11, 1842, P. L. 62, Sec. 6, i P. & L. Dig. 2086. 94 Act May 11, 1842, P. L. 62, Sec. 4, i P. & L. Dig. 2085. CHAPTER XIV. OTHER OFFICERS. 123. Fire wardens. 124. Free commissioners. 125. Board of health. 126. Constables. 127. Qualifications. 128. Filling of vacancies. 129. Duties. 130. Duties. 131. Election. SECTION 132. Term. 133. Acceptance of ofifice. 134. Filling of vacancies. 135- Contested elections. 136. Removal of justices. 137. Bond. 138. Duties. 139. Election officers. Fire Wardens. 123. By the Act of March 30, 1897/ constables of town- ships were made ex officio fire wardens. Their compensation is payable by the county commissioners at the rate of fifteen cents per hour. Those whom they call to their assistance are likewise to be paid twelve cents per hour. The purpose of this act was not to permit the owner of timber lands to call upon constables and thus cast the burden of extinguishing fires upon the county, but to provide for those cases where the constable calls upon citizens.^ It has been held that this compensation cannot be recovered from the county, because of the defective title of the statute, which fails to indicate such a purpose.^ The question was left open in Baker vs. The County of War- ren.^ The right to recover was affirmed by the deputy attorney general in the Forestry Case.^ 1 Act March 30, 1897, P. L. 9, 3 P. & L. Dig. 326. 2 Baker vs. County of Warren, 11 Pa. Sup. 170. 3 Hart vs. Tioga County, 25 Pa. C. C. 272. 4 Baker vs. County of Warren, 11 Pa. Sup. 170. 5 Forestry Case, 9 D. R. 537. 124 OTHER OFFICERS. 1 25 Constables of townships are made ex officio, fire, game, and fish wardens. It is their duty to enforce the statutes for the protection of forest and timber lands from fire, and for the protection of game and fish. Their compensation in addition to their ordinary fees for the arrest and prosecution shall be ten dollars, one-half to be paid by the county, and the other one-half by the State. The neglect or refusal to perform these duties is made a misdemeanor,^ Tree Commissioiiers. 124. It is the duty of the auditors to appoint three compe- tent freeholders of the township who shall hold office during the pleasure of the said board, and who shall examine trees or fruits supposed to be infected. The commissioners shall file acceptances within ten days after their appointment with the clerk of the township who shall be ex officio clerk of the board. A record of their proceedings shall be kept and all papers shall be filed. It is made unlawful to keep any orchard or nursery tree or trees infected with the contagious diseases known as yellows, black knot, peach rosette or pear blight; or any vine, plant, shrub, orchard or nursery tree or trees, infected with the San Jose Scale ; or to offer for sale or shipment, or to sell or to ship, any of the fruit thereof, except the fruit of the plum, cherry and pear tree. The duty of the commissioners is to determine whether there is any violation of these provisions. In case a tree or fruit is found to be infected, a notice con- taining a statement of the facts shall be given the owner to be signed by two or more of the commissioners directing the de- struction of the tree or fruit within five days, Sunday excepted. The owner may appeal, however, in writing to the Secretary of the Department of Agriculture who shall detail an inspector to view the trees, the decision of whom shall be final. If the owner fail to destroy the trees condemned or shall sell 6 Act March 22, 1899, P. L. 17, 4 P. & L. Dig. 874. 126 LAW OF TOWNSHIPS IN PENNSYLVANIA. any fruit declared to be infected, he shall be guilty of a misde- meanor, and the tree commissioners or their agents shall them- selves destroy the tree or fruit, for the execution of which power they may enter upon the premises of such owner. It shall, however, be sufficient to extinguish the San Jose Scale with effective insecticides. The expenses of so doing, as well as the expenses of an inspector if called upon, shall be paid by the township. The commissioners shall be allowed two dollars for each full day and one dollar for each half day, and their other charges and disbursements by the township board. All of the expense incurred may be recovered in an action of assumpsit from the owner of the trees or fruit, in case he has refused to remove the same in compliance with the order of the commissioners.'' Board of Health. 125. The school directors of each township are constituted a board of health in addition to the other powers vested in them. As such they have power to make and enforce all needful rules and regulations to prevent the introduction and spread of con- tagious diseases. To aid in effecting this result, physicians are required to report to the secretary of the school board the names and residences of all persons coming under their profes- sional care, afflicted with a contagious or infectious disease within twenty-four hours after the development of any such disease. In case of the prevalence of any contagious or infec- tious disease, the board or its sanitary agent may enter upon any suspected premises for the purpose of abating any nuisance found thereon detrimental to the public health. A sanitary agent may be appointed to assist the board in its duties, in case of approval of the court of common pleas of the county in which the township is located, upon an application 7 Act April 28, 1899, P. L. 92, 4 P. & L. Dig. 1487. For the earlier legislation upon this subject, see the Act of June 18, 1897, P. L. 172, 3 P. & L. Dig. 60s. OTHER OFFICERS. 12/ setting forth the reasons which make the appointment neces- sary, and the compensation which it deems proper to pay for such services in such case. In a proper case the court may au- thorize the appointment for such term as it may fix, and for such compensation as it may deem proper, which shall be paid out of the school fund of the township.* In making the appointment of agent the court will ordinarily follow the suggestion of the board as to the person to be chosen.^ Constables. 126. The qualified voters of every township are directed to elect a properly qualified person for constable triennially on the third Tuesday of February, which officer shall serve for three years. ^*^ Because of confusion in the date of the com- mencement of terms of office under the Act of 1889, supple- mentary legislation was passed fixing the date of election as the third Tuesday of February, 1896, and every third year thereafter so that the elections throughout the State should be uniform.^^ This legislation diminished the terms of certain officers, but was nevertheless constitutional, since the Legislature has that power. ^^ The election is valid, though the office is not mentioned in the election proclamation, if the public at large has notice, and a fair vote is polled. ^^ If the person chosen has acted as judge at his election, he is disqualified and may be ousted upon quo warranto}^ If the officer be elected for three years, he can- 8 Act April II, 1899, P- L- 38, 4 P- & L. Dig. 857- 9 West Wheatfield Twp.'s Agent, 24 Pa. C. C. 182. 10 Act February 14, 1889, P. L. 6, Sec. i, i P. & L. Dig. 867. 11 Act June 26, 1895, P. L. 375, Sec. i, 3 P. & L. Dig. 169. 12 Com. vs. Benfield, 5 D. R. 382 ; Allegheny Co. Constables, 17 Pa. C. C. 622; Keller's Petition, 9 York 165. 13 Bongard's Petition, 16 Phila. 491. 14 Schaffer's Election, 27 Pa. C. C. 443- 128 LAW OF TOWNSHIPS IN PENNSYLVANIA. not qualify himself under the second election by resigning under the first. ^^ The newly elected constable is to be notified by the acting constable in writing within six days. A failure so to do sub- jects the officer to a penalty of sixteen dollars, and a penalty of forty dollars to be forfeited to the township is imposed upon the new constable if he shall refuse or neglect to appear on the first day of the next court of quarter sessions to decline or ac- cept the said office.^ ^ It has been questioned whether the date of commencement of office has been changed by the Act of March lo, 1875,^'^ and the Act of June 4, 1879,^^ which provide for the terms of township officers. It has been held that this legislation did not have such effect. ^^ Qualifications. 127. Upon the appearance of the constable at the court of quarter sessions he shall give bond with at least one sufficient surety to be approved by the court in a sum not less than $500.00 nor more than $3000.00 unless he shall possess a free- hold estate in his own right clear of all encumbrances of the value of at least $1000.00.^" A presentation of the bond be- fore the time mentioned is premature, and the same will not be approved.^^ He is not required, as are strict township officers, by the Act of 1834 to file a copy of his official oath with the town clerk.^^ In case he refuses to accept his office or perform his duties, 15 Burrell Twp. Constable, 11 Pa. C. C. 436. 16 Act Mar. i, 1799; 3 Smith's Laws 354, Sec. 6; Act April 15, 1834, P. L. 557, Sec. 107, I P. & L. Dig. 868. 17 Act March 10, 1875, P. L. 6, 2 P. & L. Dig. 4694. 18 Act June 4, 1879, P. L. 94, 2 P. & L. Dig. 4695. 19 In re Commencement of Term of Constables, 11 D. R. 422; In re Ap- proval of Constable's Bond, 5 D. R. 185. 20 Act April 15, 1834, P. L. 537, Sees. 108, 112, i P. & L. Dig. 869. 21 In re Approval of Constable's Bond, 5 D. R. 185 ; 43 P- L- J- 338. 22 Brunott vs. McKee, 6 W. & S. 513. OTHER OFFICERS. 1 29 when he possesses a freehold estate of the value of $1000.00, or shall fail to procure a deputy to undertake those duties, he shall be fined by the court in the sum of forty dollars for the use of the proper township, unless he has served as constable or deputy within 1 5 years or has paid the penalty for refusal to do so.^^ The mere fact that a charge of immorality has been made against the officer will not prevent his acting.^^ Filling of Vacancies. 128. The Act of April 15, 1834, directed the court of quar- ter sessions to appoint a duly qualified person in case of a va- cancy in the office of constable until the next annual election.^^ The Act of February 14, 1889,^^ with its supplement of June 26, 1895,^''^ provided a uniform time for the election of con- stables, but fixed no method for filling vacancies. Confusion therefore arose under this act as to whether the appointment should be until the next annual election or for the balance of the unexpired term. The former has been held in the following cases : ^^ The contrary has been held by other courts.^^ By the Act of March 11, 1903,^*^ the court of quarter ses- sions was directed to fill any vacancy occurring for the unex- pired term. In case of a vacancy arising by reason of a tie vote, the ap- pointment is to be made by the governor, and not by new elec- 23 Act April 15, 1834, p. L. 537, Sees, iio-iii, i P. & L. Dig. 869. 24 Ex parte Miller, i Browne 349. 25 Act April 15, 1834, P. L. 537, Sec. 109, i P. & L. Dig. 869. 26 Act Feb. 14, 1889, P. L. 6, i P. & L. Dig. 867. 27 Act June 26, 1895, P. L. 375, 3 P. & L. Dig. 169. 28 Dauphin Borough Constable, 4 D. R. 35 ; Rudy's Case, 9 Pa. C. C. 467; Green Township Constable, i D. R. 711; Carr's Case, i D. R. 262; In re Davis, 7 Kulp 355, 3 D. R. 677. 29 Tyson's Bond, 2 D. R. 633 ; Sadsbury's Constable, 3 D. R. 589 ; Beaver Falls Nomination, 3 D. R. 677; Orren English's Case, 16 Pa. C. C. 129; Murphy's Case, 19 Pa. C. C. 160. 30 Act March 11, 1903, P. L. 22. 130 LAW OF TOWNSHIPS IN PENNSYLVANIA. tion as was provided by the Act of July 14, 1840, since that legislation has been repealed by article 8, section 3 of the Con- stitution and the Act of March 22, 1877.^^ Duties. 129. It is not our purpose to enter into a consideration of powers and duties of constables, since these officers are not peculiar to townships. This matter is fully treated in Dill's Constables' Guide. Justices of the Peace. 130. The nth section of article 5 of the Constitution enacts that "except as otherwise provided in this Constitution, jus- tices of the peace or aldermen shall be elected in the several wards, districts, boroughs and townships, at the time of the election of constables, by the qualified electors thereof, in such manner as shall be directed by law, and shall be commissioned by the Governor for a term of five years. No township, ward, district or borough shall elect more than two justices of the peace, or aldermen, without the consent of a majority of the qualified electors within such township, ward or borough; no person shall be elected to such office unless he shall have re- sided within the township, borough, ward or district for one year next preceding his election.^^ For election purposes under the Act of June 10, 1893, as amended by the Act of July 9, 1897, justices of the peace are township officers. ^^ But they have been held State officers within the meaning of the Act of June 29, 1881,^^ relating to frauds at primary elections. ^^ 31 Keller vs. Hofifman, 17 Lane. L. Rev. 238. 32 Const. 1874, Sec. 11, Art. 5, i P. & L. Dig. 71. 2Z Reed's Nomination, 10 D. R. 210; 24 Pa. C. C. 636; Ringler's Nomina- tion, 8 D. R. 620 — the contrary was held in Donahoe vs. Johnson, 8 D. R. 316; 22 Pa. C. C. 191. 34 Act June 29, 1881, P. L. 128, i P. & L. Dig. 1183. 35 Com. vs. Snyder, 17 Pa. C. C. 321 ; 5 D. R. 121. OTHER OFFICERS. 1 31 Election. 131. The number of justices to be chosen in each township was fixed at two by the Act of June 21, 1839.^'^ But this num- ber may be increased by popular vote ^'^ by not more than two. But if more than that number be chosen, the increase will be valid to the statutory limit.^^ When a new township is erected, a special election for justices shall be held,^^ of which notice shall be given.^*^ The said election shall be conducted by the regular election officers.*^ The person chosen must have been a resident of the township for one year next preceding his election.'*^ No one is entitled to vote at the election unless he reside in the district."*^ But the right of a justice to hold his office cannot be inquired into col- laterally.^^ Returns of the election are to be made to the prothonotary of the proper county who shall send a certified copy to the secre- tary of the Commonwealth.^^ The Act of February 13, 1874,^'^ amending the Act of January 30, 1874,**^ made provision for return of all township elections to the court of quarter sessions. In Timlin's Case ^^ it was held that the Acts of 1839 and 1874 were cumulative, and return should be made to both places. But this decision was prior to the Act of June 10, 1893, which provided for but one ballot. ^^ 36 Act June 21, 1839, P. L. 376, Sec. i, i P. & L. Dig. 2531. 37 Act June 21, 1839, P. L. 376, Sec. 4, i P. & L. Dig. 2537. 38 Justices of the Peace of South Bethlehem Boro., 11 D. R. 734. 39 Act July II, 1842, P. L. 321, Sec. 44, i P. & L. Dig. 2532. 40 Act April 5, 1849, P. L. 555, i P. & L. Dig. 2532. 41 Act June 21, 1839, P. L. 376, Sees. 8, 9, i P. & L. Dig. 2533. 42 Constitution of 1874, Art. 5, Sec. 11, i P. & L. Dig. 71. 43 Pittston Borough Election, 3 Luzerne L. Reg. 3. 44 Humer vs. Cumberland County, 22 Pa. C. C. 541 ; s. c. 8 D. R. 528 ; McKim vs. Somers, i P. & W. 297. 45 Act June 21, 1839, P. L. 376, Sec. 2, i P. & L. Dig. 2533. 47 Act Feb. 13, 1874, P. L. 44, Sec. 2, i P. & L. Dig. 1797. 48 Act January 30, 1874, P. L. 38, i P. & L. Dig. 1797. 49 Timlin's Case, 4 Pa. C. C. 535. 50 Act June 10, 1893, P. L. 419 ; Sharon Hill Elec. Case, 3 Lack. Jur. 396. 132 LAW OF TOWNSHIPS IN PENNSYLVANIA. Term. 132. The term of office of the justice expires on the first Monday of May.^^ It is made the duty of the constable of the township to give notice of the expiration of the term of the justice by at least twenty days' advertisement preceding the election to be held on the third Tuesday of February of each year, as well as to give similar notice of any vacancy that may happen by death, resignation or otherwise.^^ But an election held at the proper time and place cannot be contested on the ground that notice to hold it was not given by the proper offi- cers.^^ Acceptance of Oflace. 133. The justice elected is required to file an acceptance of his office with the prothonotary of the county, stating the name of the justice whom he succeeds with the cause of vacancy. The prothonotary shall thereupon certify the said acceptance to the secretary of the Commonwealth.^* Until this acceptance is received no commission shall issue, and it is directed that the same shall be filed within 30 days.^^ This statutory direction as to time is not repealed by the Act of March 22, 1877.^^ But it has been held to be merely directory.^'^ When the commis- sion is returned it shall be recorded. ^^ Eilling of Vacancies. 134. In case of vacancies arising from death, resignation, failure to accept within 60 days or otherwise, such vacancy shall be filled by appointment by the Governor until the first 51 Act March 22, 1877, P. L. 12, Sec. i, i P. & L. Dig. 2533. 52 Act March 22, 1877, P. L. 12, Sec. 2, i P. & L. Dig. 2533. 53 Battis vs. Price, 2 Pearson 456. 54 Act March 22, 1877, P. L. 12, Sec. 4, i P. & L. Dig. 2534. 55 Act April 13, 1859, P. L. 592, Sec. i, i P. & L. Dig. 2540. 56 Act March 22, 1877, P- L- 12 ; Timlin's Case, 4 Pa. C. C. 535— Justices of the Peace, 4 Pa. C. C. 539. 57 Com. vs. Reno, 25 Pa. C. C. 442. 58 Act April II, 1840, P. L. 240, Sec. 5, i P. & L. Dig. 2540. OTHER OFFICERS. 133 Monday of May succeeding the next ward, district, borough or township election. ^^ Insanity of a justice of the peace does not create a vacancy within the meaning of this act.*''^ At the next annual election a justice shall be elected by popular vote.^^ In case the vacancy occurs within 20 days of any February election the new officer shall not be elected until the February of the following year.^- Contested Elections. 135. The secretary of the Commonwealth is not to decide conflicting claims to determine whether a commission shall be issued.®^ When there has been a failure to elect because of a tie vote the election shall be declared void by the court, and a new elec- tion ordered at a time to be fixed by it at a date not less than 20 days after the date of the making of the order of which the constable shall give notice as prescribed by law.®'* The returns of all elections for justices are subject to inquiry by the court upon complaint of 15 or more qualified voters of the town- ship, two of whom shall take and subscribe an oath or affirma- tion setting forth the causes of complaint.®^ By the Act of May 19, 1874,®'^ the court of quarter sessions is given jurisdiction of such proceeding. Pending the decision of the contested election the justice in commission shall con- tinue to discharge the duties of the office.®''' 59 Act March 22, 1877, P. L. 12, Sec. 3, i P. & L. Dig. 2534. 60 Swanck's Case, 16 Pa. C. C. 318; Huth's Case, 4 D. R. 233. 61 Act June 21, 1839, P. L. 376, Sec. 7, i P. & L. Dig. 2534. 62 Justice of the Peace Appointments, 16 Pa. C. C. 335, s. c. 4 D. R. 142. 63 Commission of Justice of the Peace, 8 D. R. 295, sub nom.; Vance's Case, 22 Pa. C. C. 413 ; 30 P. L. J. N. S. 46. 64 Act June 13, 1840, P. L. 689, Sec. i, i P. & L. Dig. 2535. 6s Act June 21, 1839, P. L. 376, Sec. 3, i P. & L. Dig. 2536. 66 Act May 19, 1874, P. L. 208, Sec. 16, i P. & L. Dig. 894- 67 Act April 15, 1845, P. L.'465, Sec. 21, i P. & L. Dig. 2537. 134 LAW OF TOWNSHIPS IN PENNSYLVANIA. iBemoval of Justices. 136. Justices may be removed during their term of office for cause shown.^^ They are such officers as cannot be removed ex- cept "on conviction of misbehavior in office or of an infamous crime." ^^ A new commission to another will not be granted until a court determines whether the conviction was within the meaning of article 3, section 7 of the Constitution. ''^^ Bond. 137. The justice is required to furnish bond in a sum not less than five hundred dollars to be fixed by the court of common pleas, unless he possess a freehold estate to that amount, which bond shall be taken by the prothonotary in the name of the Commonwealth.'^^ In case the surety subsequently has reason to believe that the justice is or may become insolvent, the court of common pleas, either at term or at chambers, upon appli- cation and proof may require additional security. '^^ The same may be done where the surety is jeopardized by reason of the intemperate habits of the justice.'^^ A rule for additional se- curity will be discharged where the affidavit was not served as required by the rules of court, where no depositions were taken, and the respondent did not appear.'^^ Duties. 138. There is nothing peculiar to townships in the duties to be performed by the justice of the peace, and a consideration of them will not be undertaken. Election OflScers. 139. The 15th section of the Act of January 30, 1874,'^^ 68 Act June 21, 1839, P. L. 376, Sec. 13, i P. & L. Dig. 2538. 69 Com. vs. Raudenbush, 2 Just. Law Rep. 99. 70 McDonald's Case, 6 D. R. 518. 71 Act June 21, 1839, P. L. 376, Sec. 6, i P. & L. Dig. 2541. 72 Act April 21, 1846, P. L. 432, Sec. 5, i ?■ & L. Dig. 2542 ; Act May 8, 1850, F. L. 713, Sec. 9, I P. & L. Dig. 2542. 73 Act April 16, 1849, P. L. 664, Sec. 3, i P. & L. Dig. 2542. 74 In re Petition of Graham, 10 Kulp 106. 75 Act January 30, 1874, P. L. 31, i P. & L. Dig. 1718. OTTlJiR OFFICERS. 1 35 provides for an annual election in each election district of one person as judge and two inspectors, in conformity with the general laws of the Commonwealth, and also of one assessor. Each inspector shall appoint one clerk. '''^ Of the election of in- spectors, notice is to be given for ten days by six or more writ- ten or printed advertisements by the constable,''"^ or in his ab- sence, or upon his neglect so to do, then by the supervisors or assessors for five days. Article 8, section 14 of the Constitution gives each elector the right to vote for only one inspector, but this will not prevent the election of two inspectors of the same political party. ''^^ Under the provision of article 8, section 15 of the Consti- tution no person shall be eligible to such office who shall hold within two months of the election an office under the United States, State, city, or county government. A township officer i'i not therefore within this prohibition.^^ Or a school direc- tor.^^ But a postmaster would be.^^ In the case of township officers, the judge, the inspector or clerk may act, though a candidate.^^ This provision is not affected by article 8, section 15 of the Constitution.^^ Nor is it repealed by the Act of June 19, 1891.^* For like reasons it should not be affected by the Act of June 10, 1893.^^ Special elections are to be conducted by the same officers and in the same manner as general elections. ^^ This provision re- 76 Act July 2, 1839, P. L. 519, Sec. 15, i P. & L. Dig. 1720. 'J^ Act July 2, 1839, P. L. 519 Sec. i, i P. & L. Dig. 1718. 78 In re Election Officers, 9 D. R. 83. 79 Marks vs. Park, 2 Leg. Rec. Rep. ^2,. 80 Dauphin Co. Dist. Attorney, 11 Phila. 645. 81 Marks vs. Park, 2 Leg. Rec. Rep. 62. 82 Act June 13, 1840, P. L. 683, Sec. 2, i P. & L. Dig. 1759. 83 Walker's Contested Election, 3 Luz. L. Reg. 130. 84 Act June 19, 1891, P. L. 349, Sec. 10; In re McKenzie's Election, 2 D. R. S18, 13 Pa. C. C 546. 85 Act June 10, 1893, P. L. 419, Sec. 10, i P. & L. Dig. 1757. 86 Act Jan. 30, 1874, P. L. 31, Sec. 23, i P. & L. Dig. 1840. 130 LAW OF TOWNSHIPS IN PENNSYLVANIA. pealed the Act of April 20, 1854, which required the officers of the preceding election to conduct the special one.^'^ Where townships are divided in forming new election dis- tricts, each district shall elect the officers mentioned to conduct the elections. ^^ The Act of January 30, 1874,^^ provided that for the first election in such case that the court of common pleas should appoint election officers. This provision was stricken out by the Act of May 18, 1893,^*^ and it would now seem that the court of quarter sessions should appoint.^*^* Vacancies occurring in the board before election, are to be filled by the court of common pleas.^^ The removal of the offi- cer creates such vacancy.^^ When a vacancy occurs on election day in the office of judge, the inspector who received the high- est number of votes shall appoint. Where it occurs in the office of first inspector, then the judge shall appoint, and where it oc- curs in the office of second inspector, then the person who re- ceived at the previous election the second highest number of votes for judge shall act.^^ A judge so appointed can act only at that election.^^ If a tie vote for judge occurs, the inspector receiving the highest number of votes shall appoint. If such happen in the case of inspectors, the question shall be decided by lot.95 87 Porter Township Election Case, 5 Pa. C. C. 217. 88 Act July 2, 1839, P. L. 519, Sec. 7. 89 Act Jan. 30, 1874, P. L. 31, i P. & L. Dig. I72in. 90 Act May 18, 1893, P. L. loi, i P. & L. Dig. 1721. 90* See Section 53, supra. 91 Act May 5, 1897, P. L. 38, 3 P. & L. Dig. 273, amending the Act of May 18, 1893, P. L. loi, Sec. i, i P. & L. Dig. 1721. 92 McBride's Petition, 23 Pa. C. C. 437, s. c. 8 D. R. 695. 93 Act July 2, 1839, P. L. 519, Sec. 16, i P. & L. Dig. 1722. 94 Pittsburg Election Case, 30 P. L. J. N. S. 260, s. c. O'Leary's Petition, 9 D. R. 180. 95 Act May 19, 1897, P. L. 78, 3 P. & L. Dig. 273. CHAPTER XV. CONTRACTS. SECTION SECTION 140. Power to contract. 144. Bridges. 141. Interests in contracts. 145. Water troughs. 142 Contracts for road work. 146. Bounties. 143. Opening roads. Power to Contract. 140. By the Act of April 15, 1834/ townships were given capacity as bodies corporate. The power to take and hold real estate for the benefit of the inhabitants, as well as personal property, to make contracts, to sue and be sued, was conferred.^ In townships of the first class all corporate power, authority and franchise is vested in, and is to be exercised by, the board of township commissioners, who shall enact ordinances which shall be published.^ In townships of the second class this power is vested in the supervisors.* To bind the township, joint action of the supervisors, or commissioners, as the case may be, is requisite in passing upon the propriety of entering into the contract and this is the sub- ject of deliberation and the exercise of judgment.^ Whenever the business requires deliberation, consultation and judg- ment, all the members of the board should regularly convene, and no act should be done without the consent of the majority, 1 Act April 15, 1834, P. L. 537, Sec. 3, i P. & L. Dig. 997. 2 Act April IS, 1834, P. L. 537, Sec. 3, i P. & L. Dig. 997. 3 Act April 28, 1899, P. L. 104, Sec. 7, 4 P. & L. Dig. 916. 4 Act April 15, 1834, P. L. 537, Sec. 4, i P. & L. Dig. 997. 5 Cooper & Grove vs. Lampeter Twp., 8 Watts 125. 138 LAW OF TOWNSHIPS IN PENNSYLVANIA. or of both, if there are only two members.^ In such cases the supervisors must be together, and their action must be taken in their official character, and should appear upon the township books kept by the town clerk.'' The mere failure to record their action upon the minutes is not fatal when the contract was en- tered into after due consultation.* So the township will be bound, though the contract was entered into separately, where the supervisors had a public test of the machine proposed to be purchased and agreed that it was of the proper kind and quality.^ And a recovery may be had on the order. ^*^ Purchases of tools or machinery for the township are matters for consultation.^^ And the township is not bound, though the supervisors had severally given their consent. ^^ So one supervisor could not bind the township to pay damages for injuries to tools used upon the roads. ^^ Nor can one contract with an attorney at a fixed salary per year.^'* Nor surrender an easement to drain water across the land of another. ^^ Nor bind the township to pay a bounty for enlistment in the United States service. ^^ Nor can one con- tract for the erection of wing walls of a township bridge. ^'^ Nor for the building of a new road and the bridges necessary therefor.^* Or for the reconstruction of a road, though one 6 Union Twp. vs. Gibboney, 94 Pa. 534. 7 Penna. R. R. vs. Mont. Co. Pass. Ry., 167 Pa. 62, 72. 8 Climax Road Machine Co. vs. Allegheny Twp., 10 Pa. Sup. 437. 9 Austin Mfg. Co. vs. Ayr Twp., 17 Pa. Sup. 419. 10 Austin Mfg. Co. vs. Ayr Twp., 24 Pa. Sup. 91. 11 American Road Machine Co. vs. Washington Township, 9 Pa. Sup. 105; Climax Road Machine Co. vs. Corydon Twp., 5 D. R. 436; Climax Road Machine Co. vs. Allegheny Twp., 10 Pa. Sup. 437; Scraper Co. vs. Supervisors of Pine Twp., 4 D. R. 501 ; Austin Mfg. Co. vs. Ayr Township, 17 Pa. Sup. 419. 12 American Road Machine Co. vs. Washington Twp., 9 Pa. Sup. 105. 13 Somerset Twp. vs. Parson, J05 Pa. 360. 14 Bohan vs. Pittston Twp., 4 Kulp 234. 15 Eshleman vs. Martic Twp., 152 Pa. 68. 16 Bearce vs. Fairview Twp., 9 Pa. C. C. 342; 27 W. N. C. 21 r. 17 Cooper & Grove vs. Lampeter Twp., 8 Watts 125. 18 Childs vs. Brown Twp., 40 Pa. 332. CONTRACTS. 1 39 supervisor told the other to go ahead. ^^ Nor can one incur in- debtedness for such purpose, though the township had been divided into districts for convenience.^*^ The two acting jointly could have done so to repair roads or bridges in case of sud- den emergency.^ ^ This rule as to joint deliberation and con- sultation does not apply where the work is to be done by two municipalities. In such case one may build and collect the pro- portionate share or cost from the other which has failed to act after notice. ^^ One supervisor may bind the township in merely ministerial matters such as the ordinary repair of the roads, and the keep- ing of them in order.^^ So one supervisor may contract for stone for use upon the road in his district,^'* Or may employ labor to aid in repair- ing.^^ And may give the laborer a valid due bill for his com- pensation.^^ Or a certificate showing the payment of road taxes on unseated land, by which the township will be bound.^'^ But such repairs as can be authorized by one are only ordinary road repairs, and an affidavit of defense that sets forth that they are not such, and that the contract was made by but one super- visor is sufficient.^^ In all cases it must appear that the work was done or materials furnished upon request.^^ It has been held that one supervisor may bind the township for the ex- 19 Logan vs. Rochester Twp., 21 Pa. Sup. 113. 20 Union Twp. vs. Gibboney, 94 Pa. 534. 21 Maneval vs. Jackson Twp., 141 Pa. 426. 22 Pottsville Bor. vs. Norwegian Township, 14 Pa. 543. 22 Union Twp. vs. Gibboney, 94 Pa. 534; McNeal vs. Allegheny Twp., i Am. L. Reg. 124; Harshman vs. Dunbar Twp., 11 Pa. Sup. 638. 24 Sheppard vs. Township, 4 Del. 385. 25 Dull vs. Ridgway, 9 Pa. 272; Harshman vs. Dunbar Twp., 11 Pa. Sup. 638. 26 Dull vs. Ridgway, 9 Pa. 272. 27 Com. ex rel. Rawle vs. Colley Twp., 29 Pa. 121. 28 Little vs. Lower Merion Twp., 7 Montg. 205. 29 Marys vs. East Vincent Twp., 7 Pa. L. J. 7,:2y. I40 LAW OF TOWNSHIPS IN PENNSYLVANIA. pense of opening a road in his district, which has been ordered by the quarter sessions. ^"^ Subject to the principles stated the supervisors may con- tract as to those matters within the scope of their functions, even though not quahfied by taking an oath or fihng a bond within the first month after their election, since the Act of Assembly gives them thirty days within which to so qualify, and in the meantime they are at least officers de facto.^^ When the contract is entered into it is presumed to have been regu- larly done, and the contractor is not bound to determine whether all the necessary precedent facts were present. Thus he could recover from the township for the repair of roads, though it did not appear that the requisite notice had been given to the original contractor to do so, as required by a local act, and that there had been a refusal on his part to perform his duty for six days.^^ Nor is he bound to inquire whether the taxpayers had been given their statutory privilege to work out their road taxes where the plaintiff was employed to open a new road,^^ or to rebuild a township bridge for a specific sum.^* Interest in Contracts. 141. By the 66th section of the Act of March 31, 1860,^^ members of corporations or public institutions are forbidden to contract for the sale or furnishing of any supplies or materials to such corporation or institution, or to be interested therein directly or indirectly. Such conduct subjects the offender to forfeiture of his office as well as to indictment for 30 Hopewell Twp. vs. Putt, 2 W. N. C. 46 ; it was said in Union Twp. vs. Gibboney, 94 Pa. 534, that this decision "went to the verge of the power of a single supervisor, if not beyond." The contrary had been previously held in Batten vs. Brandywine Twp., 3 Clark 462. 31 Gregg Twp. vs. Jamison, 55 Pa. 468. 32 Harshman vs. Dunbar Twp., 11 Pa. Sup. 638. SS Childs vs. Brown Twp., 40 Pa. 332. 34 Oakland Twp. vs. Martin, 104 Pa. 303. 35 Act March 31, i860, P. L. 382, i P. & L. Dig. 1309. CONTRACTS. I4I the misdemeanor which it constitutes. The contract being prohibited by law is absolutely void and cannot be renewed by the ratification of subsequent officers. ^^ No reference is made to an interest in the sale of real estate, and such action does not come within the terms of the statute. At most, such a contract would be voidable, and is capable therefore of ratification.^''' It seems that the township officers come within the intent of the act, though not expressly mentioned therein.^^ In Funk vs. Washington Township ^^ the contrary was held, though the contract was declared void on the ground of public policy, and in Anderson's Appeal '^^ a like determination was made, but the claim was sustained as not involving any contract. By the weight of authority, therefore, a supervisor can- not charge the township for compensation for use of his own horse and wagon, though employed in its service.^^ This rule would be relaxed where the employment was in case of sudden emergency, it being impossible to secure other accommoda- tion.^^ Likewise no^ recovery can be had for the wages of minor sons of the supervisors, which are payable to the lat- ter,^^ though the contrary had been held, where the wages are payable directly to the minors. '^^ Contracts for Koad Work. 142. In townships of the first class the board of commis- sioners is authorized to appoint one or more supervisors or en- gineers of highways, as well as a sufficient number of work- 36 Milford Borough vs. Milford Water Co., 124 Pa. 610. 37 Trainer vs. Wolfe, 140 Pa. 279. 38 Harrison Township's Ap., 20 Pa. C. C. 54; 28 P. L. J. N. S. 196; Coxe's Case, 11 Pa. C. C. 639, 6 Kulp 379; In re Hazle Twp., 6 Kulp 491. 39 Funk vs. Washington Twp., 13 Pa. C. C. 385, (Stewart, J.) 40 Anderson's Appeal, 9 Pa. C. C. 567, (Futhey, J.) 41 Harrison Twp.'s Ap., supra; Cox's Case, supra; In re Hazle Town- ship, supra; Funk vs. Washington Twp., supra; contra, Anderson's Ap- peal, supra. 42 Harrison Township's Ap., supra. 43 Coxe's Case, supra; In re Hazle Twp., supra. 44 Funk vs. Washington Twp., supra. 142 LAW OF TOWNSHIPS IN PENNSYLVANIA. men, mechanics and laboreis for the proper care of the public roads.^^ Generally the right to employ labor for ordinary re- pairs may be exercised by one supervisor,^® though joint action is required where such are unusual.'*'^ So materials for ordi- nary repairs may be contracted for by one,"*^ but otherwise consultation and deliberation by all is requisite.^^ In every case it must appear that the materials were furnished upon the request of the proper officers.^*' The boards of township commissioners in those of the first class are authorized to purchase all necessary tools, implements, machinery and materials, which they deem necessary for use upon the roads. ^^ This power is given by Act of Assembly to all townships,^^ The same legislation provided a means of payment therefor by authorizing the annual collection in cash of a sum not exceeding twenty five per centum of the rates or assessments by them respectively laid in each year for road purposes. ^^ The entering into such a contract is a matter of deliberation for all the supervisors.^^ A separate agreement of the members to purchase is not therefore sufficient to bind the township, though all of the board subsequently met and signed the warrants. ^^ But the contract was held binding when the original order was separately made, but a subsequent public test was held at which the machine was jointly accepted by the 45 Act April 28, 1899, P. L. 104, Sec. 10, 4 P. & L. Dig. 922. 46 Dull vs. Ridgway, 9 Pa. 272; Harshman vs. Dunbar Twp., 11 Pa. Sup. 638 ; Somerset Twp. vs. Parson, 105 Pa. 360. 47 Union Twp. vs. Gibboney, 94 Pa. 534. 48 Sheppard vs. Township, 4 Del. Co. 385. 49 Little vs. Lower Merion Twp., 7 Montg. 205. 50 Marys vs. East Vincent Twp., 7 Pa. L. J. 337. 51 Act April 28, 1899, P. L. 104, Sec. 10, 4 P. & L. Dig. 922. 52 Act May 24, 1887, P. L. 202, Sec. i, 2 P. & L. Dig. 4230. 53 Act May 24, 1887, P. L. 202, Sec. 2, 2 P. & L. Dig. 4230. 54 Somerset Twp. vs. Parson, 105 Pa. 360; Climax Road Machine Co. vs. Corydon Twp., 5 D. R. 436; American Road Machine Co. vs. Washing- ton Twp., 9 Pa. Sup. 105. 55 American Road Machine Co. vs. Washington Twp., 9 Pa. Sup. 105. CONTRACTS. 143 supervisors.^^ The necessity for the purchase is a matter of judgment for the supervisors and in an action against the township, it cannot be shown that the machine was not needed. ^^ The purchase may be on credit.^^ The means of payment have been provided by the Act of 1887 and a writ of mandamus will therefore be issued against the supervisors to compel compliance with its provisions.^^ Opening Koads. 143. The supervisors may contract for the opening of a new road, but they cannot let out by contract all of the roads since the taxpayers have the privilege to work out their road taxes if they see fit.®® It hais been held that such may be done by one supervisor having control of a portion of the township in which the road is located.®^ The entire reconstruction of a road is a matter for deliberation, and the mere fact that the one supervisor told the other to go ahead is not sufficient to bind the township. ^^ Bridges. 144. Under the Act of June 13, 1836,®^ supervisors of a township have power to contract for the rebuilding of a town- ship bridge for a specific sum, and bind the township therefor. In such case the contractor is not bound to inquire whether the supervisors have accorded the taxpayers the privilege of 56 Austin Mfg. Co. vs. Ayr Twp., 17 Pa. Sup. 419; Austin Mfg. Co. vs. Ayr Twp., 24 Pa. Sup. 91. 57 Climax Road Machine Co. vs. Allegheny Twp., 10 Pa. Sup. 437. 58 Climax Road Machine Co. vs. Corydon Twp., 5 D. R. 436. 59 Scraper Co. vs. Supervisors of Pine Twp., 4 D. R. 501. 60 Childs vs. Brown Twp., 40 Pa. 332 ; see for Schuylkill County, Cooney vs. Norwegian Twp., 2 Leg. Chron. 315. 61 Hopewell Twp. vs. Putt, 2 W. N. C. 46; the contrary was held in Batten vs. Brandywine Twp., 3 Clark 462. For a discussion of this case, see Union Twp. vs. Gibboney, 94 Pa. 534. 62 Logan vs. Rochester Twp., 21 Pa. Sup. 113. 63 Act June 13, 1836, P. L. 551, 2 P. & L. Dig. 4150. 144 LAW OF TOWNSHIPS IN PENNSYLVANIA. working out their road taxes in labor.®^ But such a contract must be entered into after full deliberation by all of the su- pervisors.^^ Where the bridge is on the division line of townships, it is to be maintained by the townships jointly.*^^ It is not neces- sary in such case that the contract be let by joint action of the officers of the two municipalities. If one builds after notice to the other, and refusal on its part to join, a recovery may be had of one-half of the reasonable expense of erecting the proper bridge.^^ Water Troughs. 145. The supervisors are authorized to sanction the erection of watering troughs in their townships, and to pay annually therefor from the road fund a sum of money not exceeding five dollars, as shall be agreed upon at the time of the erection of the trough. Only one shall be erected and paid for within five miles on the same road.®^ Compensation may also be given to the person who provides a pump for the trough where no run- ning water can be had,^® In making such contracts the su- pervisors shall give preference to the owners of those troughs already erected. "^"^ If no person enters into such a contract the supervisors may, with the consent of the owner of the land, upon which the water can be obtained, erect and keep the same in repair at an annual expense not exceeding five dollars. '^^ 64' Oakland Twp. vs. Martin, 104 Pa. 303. 65 Cooper & Grove vs. Lampeter Twp., 8 Watts 125. 66 Act June 13, 1836, P. L. 551, Sec. 34, 2 P. & L. Dig. 4155; Rapho & West Hempfield Twps. vs. Moore, 68 Pa. 404. 67 Pottsville Bor. vs. Norwegian Twp., 14 Pa. 543. 68 Act June 25, 1885, P. L. 168, Sec. i, 2 P. & L. Dig. 4230. 69 Act April 28, 1876, P. L. 51, Sec. 2, 2 P. & L. Dig. 4231. 70 Act April 28, 1876, P. L. 51, Sec. 5, 2 P. & L. Dig. 4232. 71 Act April 28, 1876, P. L. 51, Sec. 3, 2 P. & L. Dig. 4231. CONTRACTS. I45 BoTinties. 146. Under the bounty laws of 1864 and 1866 ^^ townships were authorized to enter into contracts for the payment of bounties to those who enHsted in the United States service. Such a contract is a matter for dehberation, and the proof of a vaHd contract is requisite before a recovery can be had."^^ It was held that such an undertaking could be lawfully entered into by the board during the thirty days allowed for the giving of bond by a supervisor, though such had not been given, nor an oath of office taken. '^^ So the township was held bound, where the board had agreed to repay voluntary subscriptions to the bounty fund.'^^ By the Act of May 8, 1889, the right to sue for such claims was revived, but the constitutionality of the act was doubted. '^^ One of the defects suggested was reme- died by the Act of June 8, 1891,'^'^ by which the right to sue on such contracts was extended to three years from the date of that enactment. 72 Acts March 25, 1864, P. L. 85 ; Aug. 25, 1864, P. L. 986 ; May i, 1866, P. L. 114. 73 Bearce vs. Fairview Twp., 9 Pa. C. C. 342; 27 W. N. C. 211. 74 Gregg Twp. vs. Jamison, 55 Pa. 468. 75 Juniata Twp. vs. Reamer's Exr., 2 W. N. C. 91. 76 Bearce vs. Fairview Twp., supra. 77 Act June 8, 1891, P. L. 214, Sec. i, i P. & L. Dig. 435. CHAPTER XVL POWERS. SECTION 147. Fire protection. 152. Sewerage. 148. Police protection. 153. Drainage. 149. Lock-ups. 154. Nuisance. 150. License fees. 155. Eminent domain. 151. Fines and penalties. Fire Protection. 147. Townships of the first class are authorized through the board of commissioners to purchase and maintain engines for the extinguishment of fire, and to make rules and regulations for the management of the same, and to enter into contracts with any person or corporation to supply water for fire pro- tection for a period not exceeding twenty years. But this right shall not be exclusive as against any other water company, nor as against the right of such municipality to erect, maintain and operate its own water works.^ Police Protection. 148. Townships of the first class may establish and main- tain a night watch and police force and define by ordinance the duties of the same.^ In all townships the court of quar- ter sessions may appoint deputy constables to act as police- men, with the same powers as like officers in cities, upon the petition of not less than twenty-five taxpayers of the town- 1 Act July 9, 1901, P. L. 627, 4 P. & L. Dig. 920, amending the Act of April 28, 1899, P. L. 104, Sec. 7, subd. 5. 2 Act April 28, 1899, P. L. 104, Sec. 7, subd. 5 ; Act July 9, 1901, P. L. 627, 4 P. & L. Dig. 920. 146 POWERS. 147 ship, setting forth that in their opinion the safety of the citizens and the protection of property make such action necessary.^ Officers so appointed shall wear a shield or badge with the words "township police" inscribed thereon.'* They may be dis- charged whenever the court appointing them shall be satisfied that their services are no longer required, and shall be paid such compensation as it may fix.^ It has been held, however, that the county is not liable for this compensation because such re- sponsibility is not expressly imposed by statute.^ And for the same reason it has been held that it cannot be recovered from the township/ It would therefore seem that deputy constables cannot recover for services rendered if they see fit to accept the appointment. Deputy constables appointed under the Act of 1889 have the power to arrest and confine all violators of the law, and the keepers of jails, lock-ups or station houses are required to re- ceive all persons arrested by such policemen for the commis- sion of any offense against the laws of this Commonwealth within the township. They shall be appointed as aforesaid.^ The police in townships of the first class are empowered to arrest vagrants, or other persons who have violated the crimi- nal laws or township ordinances. They are authorized to set to work on the roads of the township or elsewhere all vagrants found therein.® Lock-ups. 149. The board of commissioners in townships of the first class may by ordinance provide for the erection of a lock-up or 3 Act May 9, 1889, P. L. 156, Sec. i, i P. & L. Dig. 871. 4 Act May 9, 1889, P. L. 156, Sec. 2, i P. & L. Dig. 871. 5 Act May 9, 1889, P. L. 157, Sec. 3, i P. & L. Dig. 872. 6 In re Appointment of Cawley, 5 Kulp 455. 7 Adams vs. Sweden Township, 9 D. R. 450. It is also suggested in this case that liability could not be imposed upon the township under the act because the subject is not clearly expressed in its title. 8 Act May 9, 1889, P. L. 156, Sec. i, i P. & L. Dig. 871. 9 Act April 28, 1899, P. L. 104, Sec. 7, subdivision 5 ; Act June 10, 1901, P. L. 551, 4 P. & L. Dig. 920. 148 LAW OF TOWNSHIPS IN PENNSYLVANIA. watch house for the detention and confinement of vagrants and persons duly arrested, until they can be taken before a magis- trate for a hearing and committed to prison or discharged.^^ Generally townships may provide for the erection and mainte- nance of a suitable building for lock-up purposes. It was di- rected by the Act of May 11, 1901,^^ "that the supervisors of the several townships of this Commonwealth shall have the right to levy a tax for the purpose of build- ing and maintaining a suitable place for the pur- pose of incarcerating criminals, disorderly, suspicious and intoxicated persons, until they can be dealt with according to law. Said building to be under the care of said supervisors; provided that said supervisors of townships shall not erect or maintain said buildings without obtaining the as- sent of the electors thereof, expressed by vote at an election to be held at the place, time and under the same regulations as pro- vided by law for the holding of municipal elections, and it shall be the duty of the judges, inspectors and clerks of such elec- tions to receive tickets, either written or printed, from elec- tors qualified under the Constitution of this State to vote in such district, labelled on the outside, 'Lock-up Building,' and on the inside the words, written or printed Tor lock-up build- ing' or 'Against lock-up building' to be deposited in a box provided for that purpose." The election shall be conducted as are other municipal elec- tions. Notice shall be given by the constables of said town- ships ten days prior to the date of said municipal election that the qualified electors will vote "for or against building a lock-up." License Fees. 150. Prior to the Act of 1899 by which townships were clas- sified, no power existed to enact ordinances and impose license 10 Act April 28, 1899, P. L. 104, Sec. 7, subd. 5 ; Act July 9, 1901, P. L. 627, 4 P. & L. Dig. 920. 11 Act May 11, 1901, P. L. 169, 4 P. & L. Dig. 912. POWERS. 149 fees. By certain acts such fees were imposed, but not by the township authorities. Thus, transient retail merchants were required to take out a license but the amount thereof is fixed by the county treasurer at a sum not less than twenty-five dol- lars, nor more than one hundred dollars per month, the amount being payable to the school fund.^^ Similarly the State has regulated certain employments within the township, and pro- vided for the payment of a license fee to the county treasurer. This is so of hawkers and peddlers,^ ^ of retail and wholesale venders of goods, ^^ of owners or lessees of buildings used as theatres or museums, and managers of circuses or menag- eries,^^ of retail liquor dealers,^® and of wholesale liquor deal- ers.^'' Townships of the first class are empowered generally to adopt ordinances regulating the affairs of the township, and particularly to regulate and prohibit shows, circuses and pub- lic entertainments of all sorts. ^^ They are authorized to levy and collect license fees on stages, hacks, carriages and other vehicles, carrying persons or property for pay, and to limit the rate of fares to be charged therefor by the Act of April 11, 1903.^^ Fines and Penalties. 151. Only townships of the first class have power to enact 12 Act May 10, 1893, P. L. 35, Sec. i, 2 P. & L. Dig. 2990; Act May 2i 1899, P. L. 159, 4 P. & L. Dig. 1202. 13 Act June 14, 1901, P. L. 563, 4 P. & L. Dig. 1354-6. 14 Act May 2, 1899, P. L. 184, 4 P. & L. Dig. 1193, amended as to the time of bringing suit for the license tax by the Act of June 14, 1901, P. L. 565, 4 P. & L. Dig. 1 199. 15 Act June 24, 1895, P. L. 249, 3 P. & L. Dig. 601. 16 Act June 9, 1891, P. L. 248, Sec. i, i P. & L. Dig. 2709. 17 Act June 9, 1891, P. L. 257, Sec. i, and of July 30, 1897, P. L. 164, 3 P. & L. Dig. 2,72,- 18 Act April 28, 1899, P. L. 104, Sec. 7, subd. 5, 4 P. & L. Dig. 921. 19 Act April II, 1903, P. L. 164. 150 LAW OF TOWNSHIPS IN PENNSYLVANIA. ordinances, and to prescribe fines and penalties for their viola- tion.-^ No penalty shall exceed one hundred dollars.^^ So, by virtue of the Act of April 28, 1899,^^* an ordinance may be passed limiting the speed of automobiles within the township, and providing a penalty for its violation, notwith- standing the general legislation upon that subject, as found in the Act of April 23, 1903.^^ Violators of the laws or ordinances may be arrested by the policemen or constables with or without warrant upon view and be committed to await trial, having the right to give bail for appearance at the hearing.^ ^ When arrested on view a complaint on oath or affirmation shall immediately be made.^'* If not arrested upon view the proceedings may be instituted by complaint on oath or affirmation before a justice of the peace, specifying the ofifence committed and ordinance violated, who shall at his discretion issue a warrant to be served by the policeman or constable, returnable forthwith, or a summons may issue. Pending the hearing, if bail be not entered, the ac- cused may be detained in the lock-up, if a suitable one exists, or in lieu thereof be committed to the county jail.-^ The hearing shall be conducted by the justice of the peace, whose judgment may be reviewed on certiorari or appeal. Upon default in the payment of the penalty adjudged and the costs, the defendant may be sentenced and committed to the township lock-up for a period not exceeding five days, or to the county jail for a period not exceeding thirty days. In case the defen- dant has any property from which the judgment and costs can be collected by execution, capias or other process, the plaintiff 20 Act April 28, 1899, P. L. 104, Sec. 7, subd. 9, 4 P. & L. Dig. 921. 21 Act June 10, 1901, P. L. 551, 4 P. & L. Dig. 920. 21* Act April 28, 1899, P. L. 104, Sec. 7, Pars, i, 7-8, 4 P. & L. Dig. 921. 22 Act April 23, 1903, P. L. 268 ; Radnor Twp. vs. Bell, 29 Pa. C. C. 444. 23 Act June 10, 1901, P. L. 551, Sec. i, 4 P. & L. Dig. 920. 24 Act June 10, 1901, P. L. 551, Sec. 2, 4 P. & L. Dig. 921. 25 Act June 10, 1901, P. L. 551, Sees. 2, 3, 4 P. & L. Dig. 920-1. POWERS. 151 in the action may elect to proceed to collect the same by such proceedings.^^ Sewerage. 152. No general provision for the erection of sewers in townships was made until the classification act of 1899, at which time those of the first class alone were empowered to construct such systems. The general corporation act of 1874 with its supplement of June 10, 1893,^^ provided for the incorporation of companies for "the construction and maintenance of sewers, culverts, conduits and pipes, with all necessary inlets and appli- ances for surface and under-surface and sewage drainage, for the health, comfort and convenience of inhabitants and sani- tary improvement in cities, boroughs and townships of the Commonwealth, and for this purpose to enter upon and occupy any public highway with the consent of the local authorities." Under this statutory authority numerous sewerage systems were built. By the Act of April 19, 1901,^^ the right of the municipality through which the system passes to purchase the same was given by paying therefor the actual value at the time of taking. In case of disagreement as to the amount to be paid the same is to be determined in the same manner as damages are ascertained for private property taken, injured or destroyed by reason of municipal improvements as directed by the Act of May 16, 1891.29 Townships of the first class may establish their own system of sewers and drainage and require adjoining and adjacent property owners to connect with and use the same. This right existing in the municipality may by contract be transferred to individuals or a corporation who will thereupon become entitled to exercise all the powers of the township in the construction, maintenance and operation thereof with the right to collect such 26 Act June 10, 1901, P. L. 551, Sees. 2, 3, 4 P. & L. Dig. 920-1. 27 Act June 10, 1893, P. L. 435, i P. & L. Dig. 934. 28 Act April 19, 1 90 1, P. L. 82, 4 P. Sz: L. Dig. 1307. 29 Act May 16, 1891, P. L. 75, 2 P. & L. Dig. 4215. 152 LAW OF TOWNSHIPS IN PENNSYLVANIA. charges in connection therewith, as the commissioners may prescribe in as fuh a manner as the same might have been col- lected by the township. When such contract is made, however, it is the duty of the commissioners to reserve the right to pur- chase the system at any time, or in a prescribed time for such price and on such terms as shall be agreed upon in the contract. In constructing such sewers, they shall be laid as far as possible on the public roads. But where not practicable, they may be built on private land. If the owners of such land do not agree to the use thereof it may nevertheless be occupied. The damages arising therefrom are to be assessed by three disinter- ested viewers to be appointed by the court of common pleas upon petition of the commissioners or of the owner of the lands taken. The viewers shall meet not less than 20 nor more than 30 days after their appointment upon the land, of which time and place ten days' notice shall be given by the petitioners to said viewers and the other party. After the viewers are sworn the land shall be viewed and the damages, if any, assessed, either party having the right to appeal to the court of common pleas. If damages be awarded and the report be confirmed by the court, judgment shall be entered thereon, and if the amount be not paid within 30 days after the entry of the judgment, execution to enforce the collection may be issued, as in other cases of judgments against townships. Land may also be taken where needed for the disposition of the sewage and drainage not exceeding in any one place three acres. If necessary to go beyond the limits of the township the commissioners are authorized to enter into contracts with other municipalities, and other corporations or persons. When a connection with the sewer is made by a property owner, he shall pay the cost thereof, as well as a monthly or annual rate for the use of the sewer as shall be prescribed by ordinance. These charges until paid shall constitute a lien upon the POWERS. 153 property so connected with such system, and the amount thereof may be recovered by due process of law.^" Drainage. 153. The general sewerage system enacted for townships of the first class provides for the disposition of waste water. By the Act of June 13, 1836,^^ supervisors of townships were given the power to enter upon lands and enclosures and to cut, open, maintain and repair drains or ditches through the same. By virtue of this statutory authority the supervisors may change the course of the surface water, and the court will not interfere with their discretion where the natural flow is not increased. ^^ So they may change the course of a run- ning brook, and in their discretion fix the manner of doing it.^^ Or make breaks or rests on the road where the natural drainage is not changed.^'* But where a pipe is laid by the owner of a lot, by which the plaintiff's land is injured on ac- count of the backing up of the water, the township will not be responsible where it cannot be shown that it has adopted the pipe as a part of its drainage system, though located on a town- ship road.^^ But if it adopts the drain, it is liable for damages arising from a failure to keep it in repair. ^^ Nor will the township be liable for an honest mistake of judgment on the part of the supervisors in erecting a bridge, whereby the flow of water is obstructed.^''' Where an easement has been ac- quired by the township for drainage purposes, such cannot be surrendered by the mere act of one supervisor, nor will mere 30 Act May 24, 1901, P. L. 294, 4 P. & L. Dig. 919, amending the Act of April 28, 1899, P. L. 104, Sec. 7, subd. 3. 31 Act June 13, 1836, P. L. 551, Sec. 32, 2 P. & L. Dig. 4152. 32 McCormick vs. Kinsey, 10 Pa. Sup. 607. 33 Wagner vs. Poley, 4 Del. 172. 34 Warner vs. Muncy Twp., 18 Pa. C. C. 582. 35 Matlack vs. Callanan, 19 Montg. 25. 36 Hutchinson vs. Clay Township, 14 Pa. Sup. 546. 37 Shieb vs. Collier Twp., 11 Atl. 366. 154 LAW OF TOWNSHIPS IN PENNSYLVANIA. non-user for three years destroy it.^'^* Where the land owner has acquiesced in a method of drainage for years he cannot afterwards arbitrarily close the drain, and cast the water upon the public road merely because of increased drainage, or be- cause other parties may introduce into the drain that which does not properly belong there. He should first have the matter settled by a suit at law or equity, and not interfere with public travel in the first instance.^^ In case a party diverts a water course by the substitution of a pipe, he cannot subsequently complain when the grade of the road is raised, and the town- ship authorities build a new drain, and connect it with the old pipe.^^ A turnpike company whose road is substituted for a township road succeeds to the authority of the township super- visors as to the manner of its maintenance, including the method of drainage. It may therefore construct and maintain such a gutter for this purpose as it may determine on. The owner of the abutting land may construct a private drain, pro- vided it does not interfere with the method of drainage adopted by the turnpike company. If it does, it may be abated.^° Provision has been made in certain counties ^^ for the con- struction of drains to improve wet or spouty land. The per- sons desiring such may apply to the court of quarter sessions for leave to erect such drains. Viewers shall be appointed to lay out the same in the way to do least injury, and assess the damages which may be occasioned thereby.^^ When the report 27* Eshleman vs. Martic Twp., 152 Pa. 68. 38 Lancaster Avenue Improvement Company vs. Humphreys, 12 Montg. 66. 39 Isensee vs. Shaler Twp., 32 P. L. J. N. S. 389. 40 Wenger vs. Rohrer, 3 Pa. Sup. 596. 41 For Snyder, Juniata, Dauphin, Lycoming, Bradford, Union and Indi- ana Counties; Act April 4, 1863, P. L. 293; for Bucks County, Act April 18, 1864, P. L. 459; for York County, May 4, 1864, P. L. 768; for Allegheny County, Act Feb. 18, 1870, P. L. 197, and for draining mines ; for Indiana County, March 10, 1871, P. L. 318, for like purposes ; for Warren and Mer- cer Counties, for like purposes, May 19, 1871, P. L. 987; for Lawrence County, Act March 9, 1872, P. L. 303. 42 Act April 4, 1863, P. L. 293, Sec. i, i P. & L. Dig. 1683. POWERS. 155 is confirmed and the damages paid the court shall direct the laying out of the drain which shall be kept in repair by the peti- tioners.^^ A general act for the draining of swampy and wet lands was passed April 5, 1870.'*^ By it the court of quarter sessions was authorized to appoint three disinterested commissioners to view a continuous swamp or marsh upon petition of the majority of the owners. Damages and costs are to be assessed, a portion of which expense may be charged to the townships in case the swamp is a public nuisance. The assessments shall be collected as ordinary debts. An appeal however may be taken from the judgment of the commissioners, whereupon the court shall appoint six disinterested commissioners to review the whole case and report, which report shall be final. When these pro- ceedings have been completed the owners of the swamp and the supervisors of the township or townships shall constitute a corporation whose first time of meeting shall be fixed by the court, and a yearly meeting shall be held thereafter. The cor- poration shall have power to open and repair the drains at the common expense in proportion to the assessments made by the commissioners. The court shall grant to the corporation a charter, and its officers, when authorized, shall have the power to make assess- ments. When the president issues a duplicate therefor with his warrant to the treasurer, the latter shall have authority to col- lect as county rates and levies are collected. The assessment until paid shall be a lien upon or against the real estate, and the personal estate that may be upon the same, belonging to the real owner of said swamp or part of said swamp lands.^^ Other ^® legislation was passed providing for the re-draining of such lands, and fixing the manner in which the necessity 43 Act April 4, 1863, P. L. 293, Sec. 3, i P. & L. Dig. 1684. 44 Act April 5, 1870, P. L. 47, i P. & L. Dig. 1684-5. 45 Act June 15, 1871, P. L. 388, i P. & L. Dig. 1685-6. 46 Act May 9, 1871, P. L. 263, i P. & L. Dig. 1686. 156 LAW OF TOWNSHIPS IN PENNSYLVANIA. therefor should be determined. This act was held unconstitu- tional as contrary to the bill of rights, since it provided for an ex parte appointment of commissioners without notice.^"^ Nuisance. 154. Townships of the first class have the power to make regulations respecting hog pens, slaughter houses, manure pits, drains, cesspools and manufactories that are offensive; to abate nuisances prejudicial to public health and public safety, and to collect the cost of such abatement from any person who may be responsible for having created the nuisance. Also to prohibit or regulate the running at large of animals.^^ Boards of health in townships, which are composed of the school directors, have power to abate nuisances found on any premises detrimental to the public health.^^ It has been held that the Act of June 18, 1895,^° providing for the care of those infected with infectious or contagious diseases, directing the disinfection or destruction of their clothing and compelling the vaccination of pupils in the public schools likewise applies to townships, such being within the meaning of the term "mu- nicipality" as used in the act.^^ The tree commissioners appointed in townships are given statutory authority to destroy infected and diseased orchard and nursery trees, or the fruit thereof, in their respective dis- tricts.^^ The supervisors have control of the township roads. No private party has any right to take possession of such and change the grade without permission of those having them under statutory control. ^^ If the abutting owner does so do an 47 Rutherford's Case, 72 Pa. 82. 48 Act April 28, 1899, P. L. 107, Sec. 4, 4 P. & L. Dig. 919. 49 Act April II, 1899, P. L. 38, 4 P. & L. Dig. 856. 50 Act June 18, 1895, P. L. 203, 3 P. & L. Dig. 444. 51 Sprague vs. Baldwin, 18 Pa. C. C. 568. 52 Act April 28, 1899, P. L. 92, 4 P. & L. Dig. 1488. 53 McCarthy vs. Penna. Land and Imp. Co., 5 Pa. Sup. 641. POWERS. 157 action for damages will lie by the party injured.^^ Or the nuisance may be abated by the proper municipal authorities. But the supervisor must remove an obstruction in a reasonable manner. If he acts in a reckless or wanton way he is liable in trespass. And the person who directs him to remove the ob- struction, but who does not aid in so doing will not be respon- sible for the acts of the supervisor. The person erecting the nuisance is subject to indictment.^^ But in determining whether an obstruction exists the road as opened by the su- pervisors in pursuance of a view, and not that returned by the viewers, is to control in concluding whether the obstructioti complained of is within its limits.^^ A township supervisor may maintain a bill in equity to enjoin against the erection and maintenance of a public nuisance on its highway.^'' Eminent Domain. 155. The power of townships to exercise the right of emi- nent domain in taking property for public use is very limited. We have noticed that it is given to those of the first class where it becomes necessary to enter upon private lands in the construction of sewerage systems.^^ By the Act of June 13, 1836,^^ supervisors are given power to enter upon lands lying near to roads and to there dig, gather and carry upon said roads any stones, sand or gravel found, for the purpose of mak- ing or repairing the roads, when such materials cannot be con- veniently obtained by the supervisor by contract. Compensa- tion is fixed by a majority of three referees to be selected by the supervisors and the owner. In case such cannot be agreed 54 McCarthy vs. Penna. Land and Imp. Co., supra; Knowles vs. Penna. R. R., 175 Pa. 623. 55 Kelly vs. Com., 11 S. & R. 345- 56 Com. vs. Plymouth Twp., 19 Pa. Sup. 408; Com. vs. Jackson, 10 Pa. Sup. 524; Com. vs. Marshall, 137 Pa. 170; Glenn vs. Com., 5 Cent. Rep. 492, s. c. 6 Atl. 919. 57 Township of North Manheim's Appeal, 22 W. N. C. 149. 58 Act May 24, 1901, P. L. 294, 4 P. & L. Dig. 918. 59 Act June 13, 1836, P. L. 551, Sec. 28, 2 P. 8z: L. Dig. 4151. 158 LAW OF TOWNSHIPS IN PENNSYLVANIA. Upon a justice of the peace shall be applied to who shall ap-. point one person to act with one chosen by each party. They* shall consider and decide. The judgment so reached is final.^^ The remedy thus provided is exclusive, and an action of tres- pass for the damage sustained will not lie.^^ If, however, the supervisor should appropriate other property than that men- tioned in the act, such as fences, a recovery may be had against him.®^ The taking so provided for is not an exercise of the right of eminent domain within the meaning of the eighth section of the sixteenth article of the Constitution of 1874, which requires compensation to be given or secured by municipalities before property is taken. And such is not a pre- requisite of the exercise of this power by the supervisor.^^ Except in the cases mentioned townships have no power to take private property for public use. They are not munici- palities within the meaning of section 8, article 16 of the Con- stitution.^^ Though they may injure property in opening or repairing roads, or in changing the grades of the same, no ac- tion lies for the injury sustained, nor must compensation be given or secured, with the right to appeal from the award of damages, as in the case of municipalities by virtue of the Con- stitution,^^ and the Act of June 13, 1874.^'^ Such injury is deemed to have been included in the original assessment of darnages made by the viewers who laid out the road. Even if none were assessed, the plaintiff is concluded, and cannot re- cover in an action of trespass.^^ 60 Act June 13, 1836, P. L. 551, Sees. 29, 30, 2 P. & L. Dig. 4152. 61 Marshall vs. Township of Lower Towamensing, 15 W. N. C. 235. 62 Nelson vs. Ehret, 4 Kulp 337. 6s Marshall vs. Township of Lower Towamensing, 15 W. N. C. 235. 64 Lamoreux vs. Luzerne County, 116 Pa. 195. 65 Constitution, Art. 16, Sec. 8, i P. & L. Dig. 89. 66 Act June 13, 1874, P. L. 283, i P. & L. Dig. 1849; Lamoreux vs. Luzerne County, 116 Pa. 195; Shoe vs. Nether Providence Twp., 3 Pa. Sup. 137; Wagner vs. Salzburg Twp., 132 Pa. 636. 67 Wagner vs. Salzburg Twp., 132 Pa. 636; Winner vs. Graner, 173 Pa. 43- CHAPTER XVII. FRANCHISES. 156. Street railways. 159. Oil and pipe line companies. 157. Telephone and telegraph com- 160. Gas light and heat companies. panies. 161. Water companies. 158. Natural gas companies. Street Railways. 156. Section 15 of the Act of May 14, 1889/ as amended by the Act of May 21, 1895,^ and the Act of June 7, 1901,^ pro- hibits the construction of electric street railways within the limits of a township without the consent of the local authori- ties thereof. Municipal consent is a prerequisite to the right of occupation of highways by street railway companies.^ This is a matter for the deliberation and consultation of the super- visors, and such contract can only be entered into by joint ac- tion. The consent must be given at a meeting regularly con- vened, and the proceedings should be entered in the township books kept by the town clerk. ^ It is sufficient if all meet with the town clerk in the office of their attorney and prepare the formal contract.^ But a consent signed separately gives no 1 Act May 14, 1889, P. L. 211, Sec. 15, 2 P. & L. Dig. 4022. 2 Act May 21, 1895, P. L. 93, Sec. 2, 3 P. & L. Dig. 498. 3 Act June 7, 1901, P. L. 514, 4 P. & L. Dig. 1390. 4 Larimer & L. St. Ry. Co. vs. Larimer St. Ry. Co., 137 Pa. 533. 5 Penna. R. R. vs. Montgomery Co. Pass. Ry., 167 Pa. 62 ; Lower Potts- grove Twp. vs. Pottstown Pass. Ry. Co., 9 Mont. 90. 6 Meixell vs. Railway Co., 7 North 274. l60 LAW OF TOWNSHIPS IN PENNSYLVANIA. right to the use of the highways.''' An injunction however has been refused where the franchise was so given, where the rail- way was commenced, and a large expenditure made before ob- jection.^ Where there is but one supervisor, as in the case of an independent road district created from a township, the road commissioner for that district is the proper person to give the permission.® The franchise is of no effect if it has been secured by unlaw- ful means. Thus a promise to give work to the supervisor and his son as long as they live, in consideration of the grant, renders it void.^° So if it be extorted from the supervisor by threats to have him arrested for fraudulently consenting to the con- struction of another road, followed by a promise to give him the same consideration promised by the first company.^ ^ It has been questioned whether the agreement to furnish passes to the supervisors while in office, and then to their successors, was a consideration to the township for the franchise, or a granting to the individuals rendering the consent void, but the principle has not been decided. ^^ Conditions may be attached to the franchise, and upon the failure to comply with the same, the consent may be revoked. Thus it may be stipulated that the road shall be commenced in one year.^^ But such a condition is complied with by com- mencing work upon the line in another township within the period fixed. ^^ A preliminary injunction will be refused where 7 Penna. R. R. vs. Montgomery Co. Pass. Ry., 167 Pa. 62— it was here said that a paper signed separately could give no right, but that the consent should appear by the minutes of the township clerk. It is doubted whether the consent would be invalidated where regularly given because of a mere failure to so enter. See Machine Co. vs. Allegheny Twp., 10 Pa. Sup. 437. 8 Union St. Ry. vs. Hazleton & N. S. Elec. Ry., 154 Pa. 422. 9 Hain vs. Lebanon & Annville St. Ry. Co., i D. R. 452. 10 Lehigh Coal and Nav. Co. vs. Inter-County St. Ry. Co., 167 Pa. 75. 11 Tamaqua and Lansford St. Ry. vs. Inter-County St. Ry., 167 Pa. 91. 12 Meixell vs. Railway Co., 7 North 274. 13 Plymouth Twp. vs. Chestnut Hill and Norristown Ry. Co., 168 Pa. 181. 14 Upper Providence Twp. vs. Ry. Co., 17 Montg. 167, s. c. 8 North 93. FRANCHISES. l6l an indefinite verbal condition is set up by the supervisor that the work should begin as soon as the weather permitted, the railway company having made outlays before the revocation by the supervisor, less than three months later. ^^ The consent of the township to the use of a road gives a right to the use of a bridge thereon,^!^ though the bridge be a county one.^'^ Or though it was built by a railroad company across its tracks in place of an old road,^^ A turnpike road cannot be taken by the railway without the consent of the su- pervisors, and unless that of the turnpike company be given.^® Nor will the mere consent of the turnpike company be sufficient without that of the supervisors.^^ So the consent of the town- ship authorities is not sufficient to permit the building of the railway without the consent of the abutting owners.^^ Nor is the rule changed in townships of the first class, because power has been given to the board of township commissioners to pass ordinances, as in boroughs or cities.^^ Telephone and Telegraph. Companies. 157. Telephone and telegraph companies chartered under, the general corporation Act of April 29, 1874, and its supple- ments, are authorized to occupy the highways of the State in the construction of their lines, so long as public travel is not incommoded. The consent of the supervisors is not therefore required, nor of a turnpike company within the township whose 15 Mahanoy Twp. vs. Beaver Meadow Electric Railway Co., 13 Pa. C. C. 344- 16 Conshohocken Ry. Co. vs. Penna. R. R., 10 Montg. 113. 17 Berks County vs. Reading City Pass. Ry. Co., 167 Pa. 102. 18 Conshohocken Ry. Co. vs. Penna. R. R., 15 Pa. C. C. 445. 19 Electric Ry. Co. vs. Turnpike Co., 4 D. R. 17. 20 Johnstown & S. L. Turnpike Co. vs. Johnstown Pass. Ry., 4 D. R. 594 ; Steelton Bor. vs. East Harrisburg Pass. Ry., i D. R. 667. 21 Penna. R. R. vs. Montgomery Co. Pass. Ry., 167 Pa. 62. 22 Dempster vs. United Traction Company, 205 Pa. 70. l62 LAW OF TOWNSHIPS IN PENNSYLVANIA, road is occupied.^^ But that of abutting owners must be ob- tained, or security given for damages which may result.^^ Natural Gas Companies. 158. The Act of May 29, 1885,^^ gives to natural gas com- panies the right to enter upon streets and highways. Section 13 requires municipal consent only in case the streets of a borough or city are occupied. But section 12 directs that the court of common pleas shall have jurisdiction to settle disputes as to the location of the lines arising between the corporation and the township whose roads are occupied, upon petition of either party. From the decree entered an appeal will lie as in cases of equity. Though the supervisors need not give con- sent, that of the abutting owners must be obtained, or com- pensation for his damage secured.^^ Oil and Pipe Line Companies. 159. Oil and pipe line companies have been given by statute the power to occupy with their pipe, roads and highways, with the consent of the abutting owners. Municipal consent is not required in the case of townships, but only in cities or bor- oughs. ^"^ Gas Light and Heat Companies. 160. Municipal consent by supervisors is not a prerequisite to the occupation of roads and highways in a township. Such is required only in the case of cities and boroughs.^^ Since the 23 Peoples' Telephone and Telegraph Co. vs. Berks and Dauphin Tpk. Road, 199 Pa. 411. In Bradford City vs. Penna. & N. Y. Tel. & Tel. Co., 26 Pa. C. C. 321, it was held that such was not required even in boroughs, the Act of June 25, 1885, P. L. 164, being unconstitutional. But see Pfoutz vs. Pennsylvania Telephone Co., 24 Pa. Sup. 105. 24 Penna. Tel. Co. vs. Hoover, 24 Pa. Sup. 96; Pfoutz vs. Pennsylvania Tel. Co., 24 Pa. Sup. 105. 25 Act May 29, 1885, P. L. 29, Sec. 10, 2 P. & L. Dig. 3223. 26 Sterling's Ap., ill Pa. 35. 27 Act June 2, 1883, P. L. 61, 2 P. & L. Dig. 3488-91. 28 Act June 2, 1887, P. L. 310. FRANCHISES. 1 63 leave of the township is not required, so that of a turnpike company within it is not.-^ But that of the abutting owner must be obtained, or his damages secured. ^^ Water Companies. 161. Water companies are authorized by the general Act of March ii, 1857,^^ to enter upon roads and highways in town- ships subject to such regulations as the district may adopt in regard to grades, or for the protection and convenience of public travel. Under this legislation a highway may be entered and occupied longitudinally.^^ But the corporation holds sub- ject to the right of the supervisors to make reasonable regu- lations for the protection of the public, and they may therefore compel the raising or lowering of the pipes when it is neces- sary for the drainage of the highway.^^ A corporation, chartered under the Act of July 2, 1895,^'* having the privilege of developing electric power for com- mercial purposes by means of water power, was given the power to enter upon highways, but only in case the consent of the supervisors is first obtained. 29 Berks and Dauphin Turnpike Road vs. Lebanon Steam Co., 5 Pa. C. c. 354. 30 Haverford Electric Light Co. vs. Hart, 13 Pa. C. C. 369; Zanziger vs. Wayne Electric Light Co., 6 D. R. 577. 31 Act March 11, 1857, P. L. 77, i P. & L. Dig. 2210; Act April 29, 1874, P. L. 73; Act June 2, 1887, P. L. 310, i P. & L. Dig. 2213; Act May 16, 1889, P. L. 226, I P. & L. Dig. 2217; Act May 26, 1893, P. L. 158, i P. & L. Dig. 2220. 32 Logan Twp. vs. Altoona, 2 Blair i. 3S Bryn Mawr Water Co. vs. Lower Merion Twp., 15 Pa. C. C. 527. 34 Act July 2, 1895, P. L. 425, 3 P. & L. Dig. 186. CHAPTER XVIII. EXPENDITURES. 162. Subscriptions. 169. Act of April 20th, 1874, con- 163. Appropriation of money or tinued. credit. 170. /Vet of April 20th, 1874, con- 164. Erecting buildings. tinued. 165. Disbursements. 171. Act of April 20th, 1874, con- 166. Indebtedness. tinued. 167. Limitation on the power to 172. Exchanging securities. contract debts. 173. Statement of indebtedness. 168. Act of April 20th, 1874. 174- Ratifying increases. Subscriptions to Corporation Stock. 162, Subscriptions to a corporation by the township must be by virtue of some legislative authority. Any attempt to exer- cise power not possessed is void.^ The 7th section of the 9th article of the Constitution of Pennsylvania ordains that "the General Assembly shall not authorize any county, city, borough, township or incorporated district to become a stockholder in any company association, or corporation, or to obtain or ap- propriate money for, or to loan its credit to any corporation, association, institution or individual." Prior to this constitu- tional inhibition, the power of the township to become the* owner of stock in a corporation rested on legislation. When the General Assembly authorized such subscription it was valid. ^ And an act passed after the subscription might have 1 Wimer vs. Overseers of Poor of Worth Twp., 104 Pa. 317. 2 Com. vs. Com. of Allegheny Co., s? Pa. 277 ; Com. vs. Com. of Alle- gheny Co., 37 Pa. 237 ; Com. vs. Com. of Allegheny Co., 32 Pa. 218 ; Com. vs. Pittsburg, 34 Pa. 496 ; lb. 41 Pa. 278 ; Penna. R. R. vs. City of Phila- delphia, 47 Pa. 189; Sharpless vs. Mayor of Philadelphia, 21 Pa. 147; Moers vs. City of Reading, 21 Pa. 188. 164 EXPENDITURES. 165 ratified it.^ Such power was given to the supervisors of the various townships throughout the State to encourage the build- ing of turnpikes and plank roads, after ratification of the pro- posed action at a special election to be held for the purpose.^ Appropriation of Money or Credit. 163. The constitutional provision quoted in the preceding section forbids the authorization by the General Assembly of any township to obtain or appropriate money for, or to loan its credit to, any corporation, association, institution or indi- vidual. The prohibition is not only against a legislative au- thorization, but much more against a legislative requirement that a county or township shall give its money or credit to any corporation.*^ Nor can this provision be evaded by the selec- tion of any agency for the transfer of the moneys to the asso- ciation or corporation.^ But this prohibition affected only fu- ture legislation, and did not repeal that already existing.'^ It is also noticed that it is made a misdemeanor for a township officer to loan any money or security in his possession with or without interest or return therefor.^ But the purpose of this constitutional provision was not to prevent expenditures which were intended for the material benefit and welfare of the community. Thus an appropriation to a police pension fund,^ or to a committee of citizens appointed to determine the wisdom and cost of a ship canal,^*^ or to a bounty fund for the pay of volunteers in the United States 3 Penna. R. R. Co. vs. City of Philadelphia, 47 Pa. 189. 4 Act April 5, 1842, P. L. 230, Sees. 7 and 8, 2 P. & L. Dig. 4759. 5 Wilkes-Barre City Hospital vs. County of Luzerne, 84 Pa. 55. 6 In re Northern Home for Friendless Children, 2 W. N. C. 349 ; See Earley's Ap., 103 Pa. 273. 7 Indiana County vs. Agricultural Society, 85 Pa. 357. 8 Act March 31, i860, P. L. 382, Sees. 62, 63, i P. & L. Dig. 1308-9. 9 Com. vs. Walton, 182 Pa. 2)73- 10 Com. vs. Pittsburg, 183 Pa. 202. 1 66 LAW OF TOWNSHIPS IN PENNSYLVANIA. army^^ is valid and binding. By the Act of June 25, 1895/^ townships are authorized to appropriate moneys for the ex- penses of Memorial Day exercises. Township Buildings. 164. The supervisors, road commissioners, or other officers, having charge of construction and keeping in repair the public roads in any township, are authorized at their option, to cause a suitable lot of ground to be procured, and cause a suitable building to be erected thereon for a town house, in which to hold elections, store road machinery, or for meetings of the township's officers, and for other township uses. The total in- debtedness incurred for this purpose shall not exceed one-half of one per cent, of the assessed value of real estate of such township. For this purpose money may be borrowed at a rate of interest, not exceeding six per cent, and bonds issued there- for. An annual tax shall be collected in cash not to exceed fifty per cent, of the rate of assessment laid in each year for road purposes, to be collected in the same manner as are other cash taxes, now collected by law.-^^ Disbursements. 165. In townships of the first class "all disbursements in discharge of township indebtedness duly incurred shall be made by the township treasurer, acting by virtue of warrants, drawn on him by order of the board of township commission- ers, attested by the signature of the president, or vice-president, and secretary of the board." The board shall prescribe, by or- dinance, the manner in which bills for township indebtedness shall be approved for payment. ^^ By the seventeenth section 11 Speer vs. Blairsville School Directors, 50 Pa. 150; Ahl vs. Gleim, 52 Pa. 432; Hilbisli vs. Catherman, 64 Pa. 154. These decisions were based on earlier Constitutions, having similar provisions. 12 Act June 25, 1895, P. L. 298, 3 P. & L. Dig. 454. 13 Act June 26, 1895, P. L. 324, 3 P. & L. Dig. 528-9. 14 Act April 28, 1899, P. L. 104, Sec. 8, 4 P. & L. Dig. 922. EXPENDITURES. 167 of the same act, the treasurer is directed to pay only upon these written warrants or orders. In other townships, where the office of treasurer exists, he shall receive the township funds, and pay out the same on or- ders drawn by the supervisors.^^ Where no treasurer is elected, then the township funds are received and disbursed by the supervisors who are accountable to the auditors at the time of annual settlement.^ ^ Indebtedness. 166. There are at least two different forms of indebtedness — that which springs from the borrowing of money, and that which springs from the purchase of property or the procure- ment of work to be done for which the price is not at once paid. Our statutes seem to contemplate that the expense of the ordi- nary municipal powers shall be met by the revenues derived from year to year by taxation. But the supervisors cannot in sny one year lay an assessment exceeding one cent on the dol- lar for meeting the expenses (and they cannot lay any addi- tional assessment) except for the purpose of paying any just debt due a former overseer or supervisor. But the credit of the township may be pledged for the repair of roads upon extraordinary emergency, such as the destruc- tion of roads and bridges by floods. ^'^ So statutory authority is given to purchase road machines on credit, the method of payment being defined by the act.^^ A contract for ordi- nary expenses within the current revenues is not an increase of indebtedness.^^* By the Act of April 23, 1903, the indebt- edness incurred in townships of the second class by expendi- tures upon the roads for labor, materials and machines, to an amount not exceeding two per centum of the assessed valuation 15 Act April 15, 1834, p. L. 537, Sec. 96, 2 P. & L. Dig. 4701. 16 Act April 15, 1834, P. L. 537, Sec. 90, 2 P. & L. Dig. 17 Maneval vs. Jackson Twp., 141 Pa. 426. 18 Act May 24, 1887, P. L. 202, 2 P. & L. Dig. 4230. 18* Reuting vs. Titusville, 175 Pa. 512. l68 LAW OF TOWNSHIPS IN PENNSYLVANIA, therein, was validated, though the provisions of the Act of April 20, 1874,^^ had not been complied with. The bonds or securities issued, or assessments made to pay the same, or in- terest thereon, were declared lawful. In townships of the first class the board of commissioners has greater power as to the creation of indebtedness. It may borrow money, and issue evidence of indebtedness therefor, provided the total debt so created does not exceed two per centum of the county valuation of the property within the town- ship, without the assent of the electors of the town- ship. No expenditure of a greater sum than one hundred dol- lars shall be made, however, except by a special resolution of the board. The rate of interest shall not exceed five per cent.^*^ Limitation on the Power to Contract Debts. 167. The eighth section of article nine of the Constitution enacts that "the debt of any .... township . . . except as herein provided shall never exceed seven per centum upon the assessed value of the taxable property therein, nor shall any such municipality .... incur any new debt or increase its indebtedness to an amount exceeding two per centum upon such assessed valuation of property without the assent of the electors thereof at a public election in such man- ner as shall be provided by law." The tenth section of the same article requires that "any .... municipality in- curring any indebtedness shall, at or before the time of so doing, provide for the collection of an annual tax sufficient to pay the interest and also the principal thereof within thirty years." Under this provision the contraction of indebtedness, without providing for a tax which will pay it in thirty years is void.^^ But incidental and ordinary expenses of making and keeping in repair the highways are not included.^- The word 19 Act April 20, 1874, P. L. 65, i P. & L. Dig. 566. 20 Act April 28, 1899, P. L. 104, Sec. 7, 4 P. & L. Dig. 921. 21 Witherop vs. Titusville School Board, 7 Pa. C. C. 451. 22 Lehigh Coal & Navigation Co.'s Ap., 112 Pa. 360. EXPENDITURES. 1 69 "indebtedness," as used in the Act of April 20, 1874, shall be deemed, held and taken to include all and every manner of debt, as well floating as funded, of the said municipality; and the net amount of such indebtedness shall be ascertained by de- ducting from the gross amount thereof, the moneys in the treasury, all outstanding solvent debts, and all revenues ap- plicable within one year to the payment of the same.^^ Act of April 20, 1874. 168. The Act of April 20, i874,^'* as amended by the Act of April 13, 1897,^^ gives effect to the constitutional prohibition against increasing the indebtedness of townships, which already equals seven per centum upon the assessed value of their tax- able property, by declaring such increase void and by making every officer who wilfully authorizes such increase guilty of and punishable for a misdemeanor. The second section au- thorizes any municipality to incur an indebtedness to an amount in the aggregate not exceeding two per centum upon the assessed value of the taxable property therein, by a vote of the corporate authorities duly recorded on its minutes. It also empowers them to issue coupon bonds or other securities for such indebtedness at not less than their par value in sums not less than $100.00, each bearing interest at a rate not ex- ceeding six per centum per annum, payable semi-annually, the principal to be reimbursable at a period not exceeding thirty years from the time of authorization. An annual tax is to be levied commencing the first year after the incurring or in- creasing of the indebtedness sufficient to pay interest and the principal in thirty years. The following provision of the Act of April 20, 1874, was stricken out by the amending Act of April 13, 1897,^*^ to-wit: "Equal to at least eight per centum of the amount thereof must be assessed to provide for the pay- 23 Act April 20 1874, P. L. 65, Sec. S, i P. & L. Dig. 570. 24 Act April 20, 1874, P- L. 65, I P. & L. Dig. 566. 25 Act April 13, 1897, P. L. 17, 3 P. & L. Di?-. 439. 26 Act April 13, 1897, P. L. 17, 3 P. & L. Dig. 439. 170 LAW OF TOWNSHIPS IN PENNSYLVANIA. ment of the interest and the liquidation of the principal. The moneys arising from this tax must be applied annually, and as they accumulate, to the redemption at par of the obligations." Before issuing such bonds or other securities the principal offi- cer or officers of the township must prepare a statement show- ing its actual indebtedness, the amount of the last preceding assessed valuation of the taxable property therein, the amount of debt to be incurred, the form, number and date of maturity of the obligations to be issued therefor, and the amount of the annual tax levied and assessed to pay this indebtedness.^''' This statement, to which must be appended his or their oath or affir- mation of the truth of the facts therein stated, must be filed in the office of the clerk of the court of quarter sessions of the county.-^ A certified copy of the record of it is made com- petent evidence in all courts. Under this act, where a municipality incurred an aggregate indebtedness in excess of two per cent, of the taxable property, the borough might issue a new loan for the entire indebted- ness, if approved at an election duly advertised, all old bonds to be retired, with the proceeds of the new loan.^^ Act of April 20, 1874, Continued. 169. The third section, as amended by the Act of June 9, 1891,^^ makes provision for the increase of the indebtedness of the township to an amount greater than two and less than seven per centum of the last preceding valuation, of its taxable prop- 27 Perhaps the omission to file the statement will not vitiate the securi- ties, issued, but those who take them should be affected with notice of all the facts that would properly have appeared in the statement. If all facts, other than the filing, necessary to the validity of the securities exist, they will be valid; if any of them are wanting, the securities will be void. Rainsburg Borough vs. Fyan, 127 Pa. 74; Fyan vs. Rainsburg Borough, 5 Pa. C. C. 443- 28 Omission to comply with this provision concerning a statement is made a misdemeanor. Laird vs. Greensburg Bor., 8 Pa. C. C. 621. 29 Roye vs. Columbia Borough, 192 Pa. 146. 30 Act June 9, 1891, P. L. 252, i P. & L. Dig. 568. EXPENDITURES. 1 71 erty, with the assent of its electors, duly obtained at a public election, to be held in it. The corporate authorities by their vote, having signified a desire to make such an increase of in- debtedness, must give notice during at least thirty days, by weekly advertisements in newspapers, not exceeding three, in the township; or if there be no newspapers published therein, by at least twenty printed hand bills posted in the most public parts thereof, of an election at the places of holding municipal elections, on a day prescribed by them which day, however, must be that of the ordinary municipal or of the general elec- tion, unless more than ninety days elapse between the date of the ordinance or vote in favor of the increase of indebtedness, and the day for such municipal or general election. The publi- cations by newspapers must be weekly. The notices should ap- pear during the thirty days immediately preceding the elec- tion. This provision concerning notice is not directory but mandatory. ^^ Substantial compliance as to notice is all that is required. ^^ At this election the electors will indicate their will in regard to increasing the indebtedness. The notice must con- tain a statement of the amount of the last assessed valuation; of the amount of the existing debt ; of the amount and percentage of the proposed increase, and of the purposes for which the in- debtedness is to be increased. The election will be held under the same regulations as other municipal elections. It is the duty of the judges and inspectors to receive tickets, written or printed, from electors qualified under the Constitution to vote, labeled on the outside, "Increase the debt," and containing on the inside the words "No increase of debt" or "Debt may be in- creased," together with a brief statement of the purpose and amount of increase. These tickets, deposited, as in other elec- tions, in a box provided for that purpose, must be counted and a return thereof made to the clerk of the court of quarter ses- sions of the proper coimty, duly certified, together with a certi- 31 Witherop vs. Titusville School Board, 7 Pa. C. C. 451. 32 Harrisburg vs. Bank, 6 Dauphin 4. 172 LAW OF TOWNSHIPS IN PENNSYLVANIA, fied copy of the ordinance and the advertisement. The clerk must make a record of the same and furnish a certified copy thereof, showing the result under seal, to the corporate au- thorities, which must be placed of record upon their minutes. ^^ The fourteenth section of the Act of June 10, 1893,^^ which directs the form of ballot with respect to constitutional amend- ments and other questions submitted to the people, is unconsti- tutional, because the title to the act gives no notice of this sub- ject,^^ and it does not therefore repeal former acts.^^ By the Act of May 25, 1897,^^ elections held since June 19, 1891, for increasing indebtedness were validated, though the form of ballot deviated from the standard fixed in that act, where the votes have been properly certified and counted, improvements made and indebtedness created on the strength of the election held.38 The ballots for the voting upon the question are to be fur- nished by the township,^^ and not by the county commissioners. Where several debts are to be created, each should be separ- ately submitted to the people so that they will not be compelled to choose between the loss of a measure which they desire car- ried out, and the adoption, along with it, of a measure to which they are opposed. The court will enjoin against the holding of an election if this rule is broken in the form of the submis- 33 The Act of June 9, 1891, P. L. 252, i P. & L. Dig. 568, also provides that "the vote shall be counted by the court, as is now provided by general laws governing municipal elections." But, as there is no general law requir- ing the court to so count the votes, such provision can have no application to a vote in a township for the increase of indebtedness. Such ruling has been made in the case of a borough. Clough vs. Shreve, 10 Pa. C. C. 398. 34 Act June 10, 1893, P. L. 419, i P. 8z: L. Dig. 1771. 35 Evans vs. Willistown Borough, 168 Pa. 578 ; Millville Borough An- nexation, 18 Pa. C. C. 155, 5 D. R. 726; Com. vs. Weir, 15 Pa. C. C. 425. 36 Evans vs. Willistown Township, supra; here the election which con- formed to the Act of June 9, 1891, was held valid. 37 Act May 25, 1897, P. L. 91, 3 P. & L. Dig. 442. 38 See also Act April 23, 1903, P. L. 282. Act Feb. 13, 1901, P. L. 8, 4 P. & L. Dig. 1310; Act April 19, 1901, P. L. 80, 4 P. & L. Dig. 1310. 39 Com. vs. Weir, 15 Pa. C. C. 425. EXPENDITURES. 1 73 sion.'**' After the electors have authorized a debt, no inquiry will be made into their motives, or into any misrepresentations by which their assent was secured. ''^ Act of April 20, 1874, Continued. 170. The fourth section of the Act of April 20, 1874,'*^ was amended by the Act of April 18, 1895,^*^ and again by the Act of May II, 1897,*^ as follows: "Whenever, by the returns of such election, it shall appear that there is a majority voting for 'no increase of debt,' such in- crease shall not be made. Nor shall any other election upon the same subject be held in that municipality for one year from the date of such preceding election. If the return of such elec- tion shall show a majority voting 'that debt may be increased,' the corporate authorities of the municipality may increase the same to the amount named and specified in the notice given for the holding of such election, not exceeding seven per centum of the last assessed valuation of such municipality in the manner and subject to all the requirements provided by the second section of this act for increasing indebtedness, to an amount not exceeding two per centum of the last assessed valuation, including the amount named in the sworn statement to be filed in the office of the court of quarter sessions of the proper county ; and they shall, before issuing any obligations, therefor, assess and levy an annual tax, the collection whereof shall com- mence the first year after the said increase, which tax shall be equal to and sufficient for and applied exclusively to the pay- ment of the interest and the principal of such debt within a period not exceeding thirty years from the date of such in- 40 Bloomsburg Town Election, 18 Pa. C. C. 449, 4 D. R. 671. 41 Howard's Appeal, 162 Pa. 374. It was here alleged that the voters believed that the money secured was to be used for street improvements, whereas it was intended to be spent by councils in erecting water works. 42 Act April 20, 1874, P. L. 65, i P. & L. Dig. 569. 43 Act April 18, 1895, P. L. 36. 44 Act May 11, 1897, P. L. 53, 3 P. & L. Dig. 440. 174 LAW OF TOWNSHIPS IN PENNSYLVANIA. crease; and the moneys arising from such tax shall be applied, at such periods as the municipality may stipulate in such obli- gations, to the redemption, at par, of the said outstanding ob- ligations according to their terms." Under the Act of April i8, 1895, it was held that the munici- pality could increase its debt by vote of the people to only two per centum at any time.^^ Act of April 20, 1874, Continued. 171. "The existing indebtedness of any such municipality evidenced by outstanding bonds or certificates of indebtedness heretofore issued, may be provided for as the same shall ma- ture, by a re-issue of bonds or certificates of indebtedness to the holders of said outstanding bonds or certificates, or by the issue and sale at not less than par of new bonds or certificates ; and the present floating indebtedness of any such municipality, may be funded by the issue and sale at not less than par of bonds or certificates of indebtedness in sums not less than one hundred dollars each: Provided, That no such bonds or certificates shall be issued for a longer period than thirty years from the date thereof; and it shall be the duty of the proper corporate authorities of such municipality to pro- vide for the payment of principal and interest of all such bonds, in the manner pointed out in the fourth section of this act." ^® Exchanging Securities. 172. The Act of April 14, 1881,^^ amended by the Act of March i, 1899,^^ enacts that when any county, city, borough, etc., has issued bonds or other interest-bearing evidences of in- debtedness, with or without coupons, such county, city, bor- ough, etc., may redeem or pay off any or all of the bonds or other interest-bearing evidences of indebtedness, when these 45 Sener vs. Ephrata Borough, 176 Pa. 8. 46 Act April 20, 1874, P. L. 65, Sec. 7, i P. & L. Dig. 570. 47 Act April 14, 1881, P. L. ID. 48 Act March i, 1899, P- L- 6, 4 P. & L. Dig. 131 1. EXPENDITURES. 1/5 have matured, but remain unpaid or are about to become pay- able, or when the county, city, borough, etc., has the option to redeem or pay them or whenever the holders of unmatured bonds are willing to surrender the whole or part of the issue. For this purpose the county, city, borough, etc., may issue and sell registered or coupon bonds, either with or without coupons, bearing interest not exceeding the rate which the issue to be refunded bears, redeemable at the option of the county, city, borough, etc., in five years and payable at a time not exceeding thirty years from their date and not exceeding in the aggregate the amount of the bonds or other evidences of indebtedness so redeemed or paid. These new bonds are exempted from taxa- tion except for State purposes. All moneys for the redemption of the issue of bonds proposed to be refunded, placed in the sinking fund, if any, shall be first applied to the payment, as far as applicable, of the principal of such bonds, and the bal- ance of such issue only shall be redeemed by the issue of new bonds. The second section of the Act of 1881 provided that the bolder of any of the bonds or evidences of indebtedness to be superseded shall first have the right to surrender them and to accept new bonds. Of this right notice by publication was to be given for three weeks in at least one newspaper published in the county before any new bonds should be sold. But this legislation was repealed by the Act of March i, 1899."*^ statement of Indebtedness. 173. "The corporate authorities of every such municipality or district shall, annually, in the month of January, prepare and publish in at least two newspapers of said municipality, or of the county in which the same is situate, if so many be printed therein, a statement showing in detail the actual indebtedness, the amount of the funded debt, the amount of the floating debt thereof, the valuation of taxable property therein, the assets 49 Act March i, 1899, P. L. 6, Sec. 2, 4 P. & L. Dig. 1312. 176 LAW OF TOWNSHIPS IN PENNSYLVANIA. of the corporation, with the character and nature thereof, and the date of maturity of the respective forms of funded debt thereof, and a neglect or failure so to do shall be a misde- meanor, punishable by fine not exceeding one thousand dol- lars." ^« Ratifying Increases. 174. By the Act of May 19, 1897,^^ bonds issued by munici- palities in excess of two per centum, since April 18, 1895, were ratified and made valid obligations according to their tenor. By the Act of May 25, 1897,^^ indebtedness incurred since June 19, 1 89 1, where the assent of the electors had been ob- tained, and the vote duly certified and counted, and improve- ments made and debt incurred in good faith on the strength thereof, was validated, though the form of ballot was improper. By the Act of June 23, 1897,^^ elections were approved, al- though notice of the election therefor was not published in the newspapers in the said district, but in three papers of the county of general circulation in the district in which said election was held, if notice was given by hand bills as required by law. By the Act of February 13, 1901,^'* defects in time or man- ner of calling the election, in the form of ballot, or mode of conducting the election, were condoned, and the increase validated.^^ By the Act of April 19, 1901,^^ elections held after June 19, 1 89 1, were ratified, where the assent of the electors was ob- tained, and the vote was duly returned and counted. By the Act of April 23, 1903,^'^ like provision was made 50 Act April 20, 1874, Sec. 6. Amended so as to read "at the end of their fiscal year" by Act of April 12, 1875, P. L. 46, Sec. 6, i P. & L. Dig. 570. 51 Act May 19, 1897, P. L. 76, Sec. i, 3 P. & L. Dig. 442. 52 Act May 25, 1897, P. L. 91, 3 P. & L. Dig. 441. 53 Act June 23, 1897, P. L. 201, 3 P. & L. Dig. 442. 54 Act Feb. 13, 1901, P. L. 8, 4 P. & L. Dig. 1310. 55 See also the Act of June 4, 1901, P. L. 363, 4 P. & L. Dig. 1310. 56 Act April 19, 1901, P. L. 80, 4 P. & L. Dig. 1310. 57 Act April 23, 1903, P. L. 282. EXPENDITURES. 1 77 though there were defects in the l^allots, and though general official ballots were used, instead of separate ones. By the Act of April 23, 1903,^*^ indebtedness incurred since April 20, 1874, in townships of the second class, not exceeding two per centum of the valuation, for the repairs of roads or the purchase of machinery, for which evidences of indebtedness have been issued and taxes levied, are declared valid. 58 Act April 23, 1903, P. L. 279. CHAPTER XIX. TAXATION. 175. Assessment of tax. 182. Making roads or bridges. 176. Basis of levy. 183. Contract with petitioners. 177. Special taxes under the Act 184. General road system tax. of 1835. 185. Liquor license fees. 178. Special tax under the Act of 185a. Income from forests. 1864. 186. Dog tax. 179. Road taxes. 187. Exonerations. 180. Cash road tax. 188. Penalty for non-payment of 181. Rebates. taxes. (a) Rebate for planting trees. 189. Returns. (b) Rebate for forests. Assessment of Tax. 175. "It shall be lawful for the supervisors of any township to lay a rate or assessment not exceeding one cent on the dollar upon real and personal estate, offices, trades and occupa- tions for the purpose of laying out, opening, making, amend- ing or repairing of roads and highways and for the making or repairing of bridges, and for such other purposes as may be authorized by law." ^ The township's assessors shall aid in this work, and for this purpose shall furnish a correct copy of the last adjusted valuation in the township.^ The rates or assessments laid are to be entered in books pre- pared for that purpose and deposited with the town clerk, if there be one; but if not, it shall remain with the supervisor, and any inhabitant or person charged within the township is 1 Act April 15, 1834, P. L. 509, Sec. 25, 2 P. & L. Dig. 4595. 2 Act April 15, 1834, P. L. 509, Sec. 28, 2 P. & L. Dig. 4596. 178 TAXATION. 179 entitled to inspect the same without cost, and shall be furnished a copy upon demand upon the payment of ten cents for every twenty-four names. ^ The books for this purpose are to be furnished by the supervisors."* If the assessment is not so en- tered it has been held to be void.^ But in Kitchen vs. Smith ^ it was said that such provision was merely directory, and that the validity of the tax did not rest on it. Duplicates of the assessments shall be signed by the supervisors, and they shall issue their warrants with such duplicate to the collector of rates and levies.''' The duplicates shall be delivered to the tax col- lectors.^ The Act of April 15, 1834,^ had previously directed the issue of the warrant to the township's treasurer, if such officer existed. Otherwise the supervisors could collect them- selves, or appoint another.^ ^ They may now collect the road taxes not worked out, themselves, or place their warrant for such collection in the hands of the township's collector,, but they cannot give the same to a third party.^^ Basis of Levy. 176. The assessment laid for township purposes is to be levied upon the basis of the last adjusted valuation made for the purpose of regulating county rates. ^^ If this is done the taxpayer cannot object to the valuation as raised by the county commissioners, if he has failed to appeal from their assess- ment.^^ During the pendency of the appeal, the tax is to be 3 Act April 15, 1834, P. L. 509, Sec. 29, 2 P. & L. Dig. 4596. 4 Laubach vs. Dodson, i Kulp. 83. 5 Laubach vs. Dodson, i Kulp 83. 6 Kitchen vs. Smith, loi Pa. 452. 7 Act April 15, 1834, P. L. 509, Sec. 33, 2 P. & L. Dig. 4600. 8 Act June 25, 1885, P. L. 187, Sec. 4, 2 P. & L. Dig. 4604. 9 Act April 15, 1834, P. L. 509, Sec. 39, 2 P. & L. Dig. 4600. 10 See also Act March 29, i860, P. L. 337, Sec. i, 2 P. & L. Dig. 4601 ; Roche vs. Sommers, 3 Luz. Law Times (N. S.) 73. 11 Magill vs. Hellyer, 2 D. R. 644, s. c. 13 Pa. C. C. 257. 12 Act April 15, 1834, P. L. 509, Sec. 27, 2 P. & L. Dig. 4596. 13 Stewart vs. Maple, 70 Pa. 221. l80 LAW OF TOWNSHIPS IN PENNSYLVANIA. paid on the revised valuation, but if it is determined, that fixed by the court becomes the true assessment.^'* From the rate as fixed by the supervisors, any party ag- grieved may petition the next court of quarter sessions for re- lief. A bond in such case shall be given by the appellant in the name of the township, and if deemed expedient, the court may stay all proceedings for the collection of the sum with which such person stands charged until the appeal is determined.^ ^ Since an appeal has been provided, the court will not enjoin because of an excessive valuation.^^ Jurisdiction under this legislation is limited to road and poor taxes levied. The court of quarter sessions has therefore no jurisdiction on an appeal from the action of a school board in levying and collecting taxes. ^'^ Nor would it have in the case of an assessment made by virtue of the Act of February 28, 1835, for the purpose of discharging debts due former supervisors.^^ If the tax has been assessed and is payable to a township be- fore its division, the sum received by the county treasurer from the sale of unseated land and due to the township is to be paid to the old township, though the land assessed is in the new one.-^® Special Taxes Under Act of 1835. 177. By the Act of February 28, 1835,^'^ the supervisors of the township are given power to levy a rate or assessment, and collect the same, for the purpose of discharging any just debt due a former supervisor or overseer of the poor.^^ Such assessments must be made by the supervisors themselves, and 14 Plains Township's Appeal, 21 Pa. Sup. 68. 15 Act April IS, 1834, P. L. 509, Sees. 36, 37 and 38, 2 P. & L. Dig. 4600. 16 Manor Real Estate Co. vs. Cooner, 13 D. R. 83. 17 Smith vs. Middle Smithfield School District, 7 Pa. C. C. 256. 18 Dunne vs. Degan, 43 Pa. 334; see also Delaware & Hudson Canal Co. vs. Walker, 2 Luz. L. R. 127. 19 Barnett Township vs. Jefferson County, 9 Watts 166. 20 Act Feb. 28, 183s, P. L. 45, Sec. 7, 2 P. & L. Dig. 459s. 21 Delaware & Hudson Canal Co. vs. Walker, 2 Luz. L. Reg. 127. TAXATION. lOl overseers of the poor would have no such power.^^ The right to so levy is vested directly in the supervisors, and no application to court is required.^^ The tax is to be levied in addition to the regular assessment for township purposes, as provided by the twenty-fifth section of the Act of April 15, 1834,^^ And can only be assessed to pay indebtedness due to the individual men- tioned, and not to satisfy claims of outside parties from whom the supervisors or auditors have borrowed money.^^ For the purposes designated in the act, the supervisors may be com- pelled by mandamus to make the necessary levy.^^ In deter- mining the existence of such indebtedness a judgment ob- tained by the supervisors is conclusive as to the township's lia- bility.^''^ No right is given to the taxpayer to work out this tax, or to appeal from the assessment of it.^^ Special Tax Under the Act of 1864. 178. By the Act of March 31, 1864,^^ the court of quarter sessions is given jurisdiction to order the levy of a special tax when it is made to appear that the debts due by the township exceed the amount which the supervisors may collect in any year by taxation as at present regulated, or when the proper officer refuses to levy a tax for the purposes set forth in seventh section Act 25th of, February, 1835. It is the duty of the court in such case to ascertain the amount of indebtedness and to order a tax sufficient to pay the same. If the sum is so great that the court deems it unwise to collect the entire 22 Delaware & Hudson Canal Co. vs. Higgins, 2 Luz. L. R. 171. 23 Blanchard vs. Tioga Improvement Company, 3 Gr. 216. In re In- debtedness of Marcy Township, 9 Kulp 424. 24 Act April 15, 1834, P. L. 509, 2 P. & L. Dig. 4595. In re Indebted- ness of Marcy Township, 9 Kulp 424. 25 Chanceford Township vs. Craley, 11 D. R. 724, s. c. 15 York 149. 26 Lehigh Coal & Navigation Co.'s Appeal, 112 Pa. 360. In re Indebted- ness of Marcy Township, 9 Kulp 424. 27 In re Wilkes-Barre Township, 4 Kulp 83. 28 Dunne vs. Deegan, 43 Pa. 334. 29 Act March 31, 1864, P. L. 162, Sec. i, 2 P. & L. Dig. 4602, amended by the Act of May 24, 1887, P. L. 183. l82 LAW OF TOWNSHIPS IN PENNSYLVANIA. amount in one year, it may direct the same to be levied and collected by annual installments. In no case shall the tax ex- ceed five mills in any one year. The court must have before it the amount of the indebtedness with a statement of the valua- tion and classification of the taxable objects within the town- ship, so that an intelligent and satisfactory decree can be made.^*^ It must find that there will not be sufficient money in one year to pay the indebtedness.^^ The Act of 1864 pre- supposes that the total amount of the debt has been previously ascertained by auditor's settlement, judgment or otherwise.^^ If a commissioner is appointed to marshall the debts, he cannot try on the merits the validity of a claim contested before him.^^ Judgments of the court of common pleas, or rendered by justices of the peace cannot be collaterally attacked in such proceedings in the absence of jurisdictional defects.^* The amount of the levy is to be based upon the assessed valuation as revised and equalized by county commissioners, and not upon the return of the assessors to the commissioners.^^ After the indebtedness is ascertained, and the rate fixed, the court may direct the proper officer to collect the special tax.^^ The collec- tion may be enforced by mandamus.^''' It would seem that tax- payers could not intervene in such proceedings, since this right is limited by Act of March 23, 1877,^^ to proceedings in the common pleas.^^ Appeals may be taken from the decree en- tered by the court, but in such case nothing is brought up for review except the regularity of the proceedings.^*^ 30 Brown vs. Rush Township No. i, 18 Pa. C. C, 394, s. c. 5 D. R. 517. 31 Brown vs. Rush Township No. 2, 18 Pa. C. C. 397, 5 D. R. 518. 32 Lehigh Coal & Navigation Co.'s Appeal, 112 Pa. 360. 33 In re Lackawanna Township, 15 York 202, s. c. 8 Lack. L. News 113. 34 Plains Township Appeal, 206 Pa. 556, affirming 21 Pa. Sup. 68. 35 Plains Township's Appeal, 21 Pa. Sup. 68. 36 In re Lackawanna Township, 8 Lack. L. News 113, s. c. 15 York 202. 37 Lehigh Coal & Navigation Company's Appeal, 112 Pa. 360. 38 Act March 23, 1877, P. L. 20, i P. & L. Dig. 1000. 39 Lehigh Coal & Navigation Company's Appeal, 112 Pa. 360. 40 Plains Township's Appeal, 206 Pa. 556. TAXATION. 183 The tax is to be collected by the proper officer. Since the Act of June 25, iSSs,"*^ this would be the tax collector. From him a special bond may be required.'^" For his services he is entitled to a commission of five per cent. ^^ The sum collected is payable to the township treasurer, if such exists,^^ or other- wise to the supervisors. The court has no power to appoint a receiver for the funds collected.^^ Such officer is not entitled to commissions on the fund."^^ In the payment of the indebt- edness, the amount ascertained by the court to be due, is the sum payable. So where the tax was levied to pay a debt with interest to a certain date, the treasurer cannot be compelled by mandamus to pay interest to the date of payment.^'^ When the creditor has been paid, the court has no power to compel him to appear and enter satisfaction upon the record. This should appear by the return of the officers to the mandamus.^^ Koad Taxes. 179. The supervisors are authorized to make an assessment for the purpose of laying out, opening, making or the repair- ing of roads and highways. ^^ Such tax is a public one within the meaning of the ninth section of the Act of June 13, 1836, providing that a pauper may secure a settlement by the pay- ment of a tax for two successive years. ^^ The assessment is to be based upon the last valuation unless the supervisors receive notice of a successful appeal from it.^^ The real estate of the directors of the poor is exempt, though an act provides that the 41 Act June 25, 1885, P. L. 187, Sec. 4, 2 P. & L. Dig. 42 Act May 25, 1878, P. L. 150, P. & L. Dig. 4604. 43 Breisch vs. Brennan, 15 Phila. 641, s. c. i Walker 522. 44 In re Foster Township, 7 Kulp 21, s. c. 2 D. R. 415. 45 In re Foster Township, 2 D. R. 415, s. c. 7 Kulp 21. 46 Brennan's Appeal, i Walker 522, s. c. 15 Phila. 641. 47 In re Plains Township, 7 Kulp 234. 48 In re Marcy Township, 10 Kulp 43. 49 Act April IS, 1834, P. L. 509, Sec. 25, 2 P. & L. Dig. 4595. 50 Overseers of Houston Twp. vs. Overseers of Benezette Twp., 135 Pa. 393- 51 Birmingham Twp. vs. Brandywine Summit Kaolin Co., S Del. Co. 378. 184 LAW OF TOWNSHIPS IN PENNSYLVANIA. real estate of the county shall be liable.^^ The road tax is pay- able by the owner of the real estate/'^ But a wife is not consid- ered an occupant of the land, while the husband is residing upon the same, so as to render her separate property liable for road tax assessed and levied against him.^^ The tax is to be levied at the beginning of the year and not at the end.^^ The amount is fixed by the supervisors and their discretion cannot be controlled by the court so long as the rate does not exceed the amount allowed by law.^^ But the supervisors will not be compelled by mandamus to levy a road tax where the taxpay- ers have voluntarily provided funds and paid for all necessary work.^''^ Before issuing a duplicate or warrant for the collection of road taxes, it is the duty of the supervisors of every township to give notice to all persons rated for such taxes, by adver- tisement or otherwise, to attend at such times and places as the supervisors may direct, so as to give said persons full oppor- tunity to work out their respective taxes.^^ The opportunity to work out the taxes is a condition precedent to a collection by legal process.^^ If the persons assessed are not residents, the supervisors may give notice by advertisement.^" The super- visors have no power to enter into any contract which will de- prive the taxpayer of any privilege to so work it out.®^ The tax may be worked out by the construction of a macadamized road under the direction of the supervisors.®^ But the tax- 52 Cumru Township vs. Directors of the Poor of Berks Co., 112 Pa. 264. 53 Miller vs. Gorman, 38 Pa. 309. 54 Ferguson vs. Moore, 5 Pa. Sup. 349. 55 Williams vs. Wright, 6 Pa. C. C. 497; Shaeffer vs. Shaeffer, 7 Lane. L. R. 307. 56 Hummel's Petition, 2 Pearson 454. 57 Com. vs. Crane, 5 Pa. C. C. 421. 58 Act April 15, 1834, P. L. 509, Sec. 34, 2 P. & L. Dig. 4597. 59 See Ferguson vs. Moore, 5 Pa. Sup. 349. 60 Miller vs. Gorman, 38 Pa. 309. 61 Childs vs. Brown Township, 40 Pa. 332. 62 Vandegrift's Appeal, 4 Del. Co. 113. TAXATION. 185 payer must obey the call of the supervisor, and has no privilege to choose his own time and place for doing the work.^^ Re- lief will not be granted where he has made no demand for op- 13ortunity to work until long after the notice to so do has been given to him.®* The supervisor will not be compelled to deliver to the tax collector the duplicate of the road taxes. The Act of June 25, 1885, refers to only such taxes as remain and become collectible after the taxpayers have worked out as much as they elect.®^ And the supervisors may collect themselves. ^^ The warrant cannot issue where there has been no notice or bona fide oppor- tunity given to work out the taxes;^^ And the work may be done by the tenants on the land, if they so offer.^® Where the warrant is regularly issued the tax collector is authorized to sell by the Act of May 22, 1895.®^ I^ unseated lands, chargeable with road tax, are sold by the county commissioners the sum due the township becomes payable upon the date of the sale; and if not enough is received to pay both the county and the township, each is entitled to its proportion.''^ If there has been a failure to furnish the opportunity to work out the tax, the collector may be restrained by injunction from collecting it in money. '^^ But the injunction will not be granted where the taxpayer is in default.'^^ Nor to restrain until a credit is given, 63 Cresswell vs. Montgomery, 13 Pa. Sup. 87; Utt vs. Yocum, 8 Luz. L. R. 277. 64 Williams vs. Wright, 6 Pa. C. C. 497. 65 Magill's Case, 13 Pa. C. C. 257. 66 Cresswell vs. Montgomery, 13 Pa. Sup. 87. 67 Coal Co. vs. Kelley, 2 Kulp 41. 68 Miller vs. Gorman, 38 Pa. 309. 69 Act May 22, 1895, P. L. iii; see Rice vs. Burns, 9 Pa. Sup. 58; Pearce vs. Torrence, 2 Gr. 82. 70 Township of Rush vs. Schuylkill County, 100 Pa. 356. 71 Miller vs. Gorman, 38 Pa. 309; R. R- Co. vs. O'Hara, I Lane. L. R. 147. 72 Williams vs. Wright, 6 Pa. C. C. 497; Black vs. Boyd, 155 Pa. 163; Alderfer vs. Snyder, 2 Montg. Co. 53. l86 LAW OF TOWNSHIPS IN PENNSYLVANIA. where such is not properly allowable.'''" If the relief is proper, supervisors may also be enjoined from incurring debts to an amount greater than the cash to be received.'^* Where a set- tlement has been made between the taxpayer and the supervisor of the taxes in contention, after an action before a justice of the peace, the township will be estopped from bringing a sub- sequent suit for the same."^^ Neither the township treasurer, nor the collector is entitled to commissions on such road taxes as are worked out.'^® The sum received is to be used for the purposes mentioned in the act. Only such as is surplus is applicable to the payment of other indebtedness.'^'^ Where a proportion of the road tax is made payable by Act of Assembly to a commission appointed for the building of a State road, until the same is completed, no portion of such tax can be used for such purpose after its completion, though a part of the debt remains unpaid. '^^ Cash Eoad Tax. 1 80. Townships are authorized to levy cash road taxes to meet the cost of permanent road improvements as provided for by the Act of April 15, 1903.'^^ Bebates. 181. The Act of June 25, 1885, authorizing a reduction of five per cent, from township taxes paid within sixty days, does not include road taxes.^*^ By the Act of April 24, 1901,^^ sup- 72 Porter Township Road, i Walker 10. 74 Coxe vs. Sweeney, 10 Pa. C. C. 289. 75 French Creek Township vs. Moore, 165 Pa. 229. 76 Brennan's Appeal, i Walker 522, sub nom.; Breisch vs. Brennan, 15 Phila. 641. yy Lydon vs. Lackawanna Township, 4 Lack. Jur. 33; Larimer vs. Pitt Township, 2 Pitts. 352. 78 Lumber Township vs. Cameron County, 134 Pa. 105. 79 Act April IS, 1903, P. L. 188, Sec. 8. 80 Kemmerer vs. Foster Township, 120 Pa. 153. 81 Act April 24, 1901, P. L. 99, 4 P. & L. Dig. 1473. TAXATION. 1 87 planting the Act of June 25, 1895,^- a rebate is allowed of one- fourth of the assessed highway tax (provided such rebate shall not exceed in any one year five days' labor on the highways for road or highway tax, or its equivalent in cash, to any one person), where the taxpayer shall only use draft wagons on the public highways with tires not less than four inches in width for hauling loads of not less than 2,000 pounds weight. This rebate is allowable, notwithstanding the taxpayer owns wagons having tires of less width, provided he does not carry two thou- sand pounds in such wagons.^^ A tenant, who has contracted to pay the road taxes, may also secure the benefits of this legis- lation. In all cases an affidavit as to the facts must be made. The supervisor may administer the requisite oath.^^* If loads of more than 10,000 pounds are carried in wagons having tires of a less width than four inches, the person so doing is liable to a fine of $5.00 for each offence, the funds so received being used for road purposes.^^ (a) Rebate for Planting Trees. By the Act of July 2, 1901,^^ supplanting the Act of May 2, 1879,^^ owners of property, subject to road tax, are entitled to an abatement of $1.00 for every two trees of suitable size set along a road which runs through or adjoins cultivated fields. Such abatement shall not be for a greater sum in any one year than one-fourth of the road tax. It is to be granted for the planting of new trees or for trees already growing or for trees transplanted, to take the place of those which have died. No row of elms shall be placed nearer than seventy feet; no row of maples or other forest trees nearer than fifty feet, ex- cept locusts and Carolina poplars, which may be set thirty feet apart, and except fruit trees, which may be set forty feet apart. 82 Act June 25, 1895, P. L. 288. 83 Highway Tax Rebate, 5 D. R. 208, s. c. 17 Pa. C. C. 517. 83* Act April 24, 1901, P. L. 99, 4 P. & L. Dig. 1473- 84 Act April 24, 1901, P. L. 99, Sec. 2, 4 P. & L. Dig. 1473. 85 Act July 2, 1901, P. L. 610, 4 P. & L. Dig. 1474. 86 Act May 2, 1879, P- L- 47, 2 P. & L. Dig. 4703. l88 LAW OF TOWNSHIPS IN PENNSYLVANIA. The allowance is not to be made unless the trees have been set cut the year preceding to the demand, and are living and well protected from domestic animals at the time of such demand. The supervisors are required to keep a permanent record in a book especially prepared for that purpose of all the trees upon which the said abatement has been granted. And if any such are removed, the date thereof is to be distinctly entered in this book. Should any trees be negligently injured by horses or other domestic animals, or be cut down, the offender is subject to a penalty of $5.00 for each tree so injured. In case there is a failure to pay after judgment is rendered, the offender may be committed to the county jail for a period not less than one day for each dollar of penalty imposed and the costs. The owner of the land, however, may remove such trees, on con- dition that he immediately plant and maintain another tree or trees in the place of those removed by him, or refund to the township the abatement allowed. (&) Rebate for Forests. To preserve the forests of the State a rebate is allowed of not more than eighty per cent, of the taxes assessed against land having at least fifty trees per acre of eight inches in diam- eter six feet from the ground, and provided that the rebate shall not exceed forty-five cents per acre.^^ A judgment by a justice for such rebate for the aggregate tax, estimated on the average tax per acre, instead of eighty per cent, thereof, will be reversed.^^ Xakiug Koads or Bridges. 182. By the Act of June 13, 1893,^^ taxpayers may acquire 87 Act April II, 1901, P. L. TJ, 4 P. & L. Dig. 1472. 88 Kriebel vs. Malsberger, 2 Just. Law Rep. 136. 89 Act June 12, 1893, P. L. 451, 2 P. & L. Dig. 4598. This legislation is not unconstitutional because adopted in only certain townships of the State. Lehigh Valley Coal Company's Appeal, 164 Pa. 44, reversing 7 Kulp 271 ; Phila. & Reading Coal and Iron Co.'s Petitions, 194 Pa. 248; For town- ships of the first class, see the Act of May 24, 1901, P. L. 297, 4 P. & L. Dig. 917. The Act of 1899 had repealed the Act of 1893, as to such town- ships ; Phila. & Reading Coal and Iron Co.'s Petition, 200 Pa. 352. TAXATION. 189 the right to make and repair the public highways and bridges of the township by presenting before the beginning of any township's fiscal year, a petition to the court of quarter ses- sions setting forth that the petitioner is the owner of property taxed for road purposes, giving the approximate number of miles of public roads, and stating the desirability of the peti- tioner's laying out, making, amending or repairing the public highways and bridges, wholly at his or their expense, and to pay the other expenses of the township, as hereinafter pro- vided, without any claims against the township, by reason of the materials and money so furnished. This petition shall be accompanied by a bond in a sum equal to five hundred dollars for each and every mile of public road in the township, condi- tioned to save the township harmless from any loss or claim by reason of any failure to perform said duty. Notice of inten- tion to present the petition and bond, at least ten days before the same are so presented, must be given to the supervisor or supervisors and auditors of the said township, or to the road commissioners of said road. Contract with Petitioners. 183. "Upon said petition, bond and proof of the notice re- quired in the preceding section hereof being presented to the said court, the same shall be ordered to be filed, and the court being satisfied of the good faith of the petitioners and the suffi- ciency of the petition, bond and notice shall order and direct the supervisor or supervisors of such township or road com- missioners of such road district, on behalf of the township or road district they represent, to enter into a contract with the said petitioner or petitioners whereby the said petitioner or petitioners shall bind him, her or itself or themselves: "I. To open, make, amend and repair the public highways and bridges of said township or road district for the ensuing fiscal year thereof in a lawful and workmanlike manner, wholly at the expense of the said petitioner or petitioners, and without 190 LAW OF TOWNSHIPS IN PENNSYLVANIA. creating thereby any claim upon or right against said town- ship for or by reason of the materials, labor or money for such person employed. "II. To indemnify and save harmless the said township or road district from all claim, damage, cost or expense of what- ever kind for or by reason of any act or omission of said pe- titioner or petitioners, whereby any claim, suit or other de- mand may be set up or recovered against said township or road district. "III. To pay, within sixty days from the beginning of said fiscal year, to the following officers of such township or road district, the following sums to be received by said officers in full for all demands against such township or road district for their respective services as such officers to said township or road district for the fiscal year for which the said contract is made with such petitioner or petitioners, namely : To the town- ship clerk, the sum of fifty dollars ; to each of the auditors of such township, the sum of twenty-five dollars ; and to an attor- ney to be elected by such supervisors or road commissioners as counsel for said township or road district, the sum of fifty dollars; to each supervisor or road commissioner, the sum of two hundred and fifty dollars." ^^ In consideration of the obligation assumed the supervisor or supervisors or road commissioner, on behalf of such township or road district shall stipulate that said township will not assess, collect or levy any tax during the fiscal year, in which such contract is made.^^ Supervisors nevertheless are re- quired to inspect the public roads, at least once in every month, and if repairs be needed, they shall notify the petitioners to make the necessary changes. In case they fail to do so, within five days after notice, the supervisor is empowered to purchase such material and employ such men as may be necessary to 90 Act June 10, 1893, P. L. 451, Sec. 5, 2 P. & L. Dig. 4599- 91 Act June 10, 1893, P. L. 451, Sec. 6, 2 P. & L. Dig. 4600. TAXATION. 191 repair the said road, and to charge the same to the petitioners.^^ Those employed may maintain an action against the town- ship.»3 General Road System Tax. 184. A general system in the construction of township roads was provided by the Act of June 23, 1897,^'* which regulates the levying and collection of road taxes, for the purposes men- tioned in the act. This legislation, however, has never become effective, because of the requirement of section 21, that it should not operate until the sum of one million dollars had been appropriated by the Act of Assembly, or received in the State Treasury for taxes for road purposes. Liquor License Fees. 185. Under the Act of June 9, 1891,^^ amending the Act of May 13, 1887,^^ the county treasurer is the proper officer to collect the liquor license fees. The duty then devolves upon him to pay over the proper proportion to the proper municipal- ity.^"^ One-half of the fee paid, less the proportionate share of the expense attending the collection of it, is for the town- ship. The money thus paid to the township treasurer is to be applied to keep the road in good repair.^^ The sum received can be applied to no other purpose unless there be a sur~ plus.^^ The fund is payable to the township treasurer, or if there is no such officer, to the supervisors. When this has been done, and the auditors have charged the supervisors, and their report is unappealed from, the sureties of the supervisors 92 Act June 10, 1893, P. L. 451, Sec. 2, 2 P. & L. Dig. 4598. 93 Wilkes-Barre Twp. Indebtedness, 8 Kulp 516. 94 Act June 23, 1897, P. L. 194, 3 P. & L. Dig. 515. 95 Act June 9, 189 1, P. L. 248, Sec. i, i P. & L. Dig. 2709. 96 Act May 13, 1887, P. L. 108. 97 Kittanning Borough vs. Mast, 15 Pa. Sup. 51 ; Liquor License Fees, 6 Pa. C. C. 27. 98 Act June 9, 189 1, P. L. 248, i P. & L. Dig. 2709. 99 Dailey vs. Wilkes-Barre Twp., 6 Kulp 43 ; Flannigan vs. Wilkes-Barre Township, 10 Kulp 100; See In re Marcy Twp., 10 Kulp 42. 192 LAW OF TOWNSHIPS IN PENNSYLVANIA. are bound/'^° The township was entitled to its share, prior to 1903, though a contract was made for the entire work of mak- ing and repairing roads, as provided by the Act of June 12, 1893,^"^ By the Act of April 22, 1903,^*^^ the money is made payable to the treasurer of the school district of such town- ship for school purposes during the period the roads are thus being made and repaired. And mandamus will lie to compel its payment.^^^ If the township contains one, or more than one independent school district, the license money shall be di- vided among all the school districts thereof, each district re- ceiving the proportion of license money that its assessed valua- tion of property bears to the assessed valuation of property in the entire township. Income from Forests. 185a. By the Act of February 25, 1901,^'^^ establishing the department of forestry, townships are entitled to one-half the net revenue derived from leases or contracts for the removal of minerals and sale of timber from land purchased by the State to be applied to the reduction of local tax levies. In no case shall the township in one year receive more than twice the amount of taxes that would be received by the township from such lands if they were owned by individuals. Dog Tax. 186. Assessors in the various townships are directed to as- sess all owners of dogs, for the purpose of levying and collect- ing in such amounts as shall be jfixed by the county commission- ers. The money so received is payable to the county commis- sioners for a fund to reimburse the owners of sheep which have been killed by dogs.^*^^ Where a township has been created 100 Commonwealth vs. Sweigart, 9 Pa. Sup. 455. loi Act June 12, 1893, P. L. 451, 2 P. & L. Dig. 4598; Williams vs. Reed, 4 D. R. 690. 102 Act April 22, 1903, P. L. 259. 103 Kennedy vs. Scranton, 4 Lack. J. 357. 104 Act Feb. 25, 1901, P. L. 11, Sec. i, 4 P. & L. Dig. 1046. 105 Act May 25, 1893, P. L. 136, i P. & L. Dig. 1651. TAXATION. 193 from portions of several others, having different and inconsis- tent local laws providing for the levying and collection of dog taxes, such tax under one of the special laws, cannot be levied and collected. ^°^ If in any year the treasurer shall have on hand more than two hundred dollars after the payment of sheep claims, the excess is to be divided ratably among the districts and be used for school purposes, ^'^'^ Exonerations. 187. The commissioners of the proper county, and the su- pervisors and overseers of the poor of the proper township, as the case may be, shall at all times make abatement or exonera- tions for mistakes, indigent persons, unseated lands, etc., as to them shall appear just and reasonable, and the commissioners shall direct their clerk to enter in a book or books, to be kept for that purpose, the names of all persons abated or exoner- ated, together with the reason why, the amount and date, when made, and give to the collector a certificate directed to the county treasurer, stating the nature of the tax, and the amount exonerated, in order to make settlement accordingly, and the same course shall be pursued by the supervisors and overseers of the poor, with respect to exonerations of township rates and levies.^"® Penalty for Non-Payment of Taxes. 188. All persons who shall fail to make payment of any tax made by a board of township commissioners in townships of the first class, within a period of six months from the date of publication of notice thereof by the township treasurer, as pro- vided by Act of April 28, 1899,^*^^ shall be charged with a pen- alty of five per cent, additional to the amount of the taxes so 106 Commonwealth vs. Baker, 4 Pa. C. C. 34. 107 Act April 23, 1901, P. L. 92, 4 P. & L. Dig. 967. 108 Act April 15, 1834, P. L. 509, Sec. 48, 2 P. & L. Dig. 4650; See also Act of June 25, 1885, P. L. 187, Sec. 10, 2 P. & L. Dig. 4610. 109 Act April 28, 1899, P. L. 104, Sec. 15, 4 P. & L. Dig. 924. 194 LAW OF TOWNSHIPS IN PENNSYLVANIA. left unpaid. ^^^ When seated lands are returned for non-pay- ment of taxes, the collector of taxes or other persons making the return, shall add to the amount of each item of tax, for which the same is returned, five per cent, thereof, which shall be recovered and collected along with said taxes, and when so recovered and collected the additional sum shall be paid to the collector of taxes or other person making the return."^ Returns. 189. Tax collectors of the various townships must furnish to each person, on the payment of taxes, numbered receipts, set- ting out the date, name of taxpayer, the amount of tax, and the district in which the taxpayer is assessed, from books to be furnished by the county commissioners, containing a stub, and on the stub, memoranda shall be made in ink of the number of the receipt, the name of the taxpayer, the amount of the tax, and the district in which the taxpayer is assessed. Twenty days before each election, he shall send a sheet to the office of county commissioners, containing the number of each receipt issued, the date of payment, the name of the taxpayer, the amount of tax, and the district in which the taxpayer is as- sessed, for the period since the last report. These reports are to be bound and kept for public inspection. A violation of this act is a misdemeanor.^^^ Township tax collectors shall also make monthly returns, showing the amounts collected by them, during the preceding month, and the amount of uncollected taxes, from their re- spective duplicates, or exhibit the duplicate showing the said uncollected taxes, at the close of each month, during their re- spective terms of office, and shall also pay over monthly the sum collected, less the legal commission or fees. A failure to comply with the requirements of this act is made a misde- meanor.^ ^^ no Act June 4, 1901, P. L. 361, 4 P. Sz: L. Dig. 924. 111 Act April 19, igoi, P. L. 81, 4 P. & L. Dig. 1466. 112 Act June 25, 1895, P. L. 296, 3 P. & L. Dig. 593. 113 Act July 9, 1897, P. L. 242, 3 P. & L. Dig. 594. CHAPTER XX. ROADS. 190. In townships of the first class. 194. Issuance of order to open. 191. In townships under special 195. Duty to open. acts. 196. Location of the route. 192. Notice to supervisors. 197. Effect of location. 193. Notice to auditors. 198. Damages. In Townships of the First Class. 190. By the Act of April 28, 1899,^ and the Act of May 24, 1901,^ the board of township commissioners was given au- thority to open all public highways within a township laid out by lawful authority. By the Act of June 7, 1901,^ the addi- tional power was given to enact ordinances ordaining, sur- veying, laying out, widening, straightening, vacating or relay- ing all roads, streets, lanes and alleys within the township upon the petition of any owner or owners of property, through whose land such highway shall pass or abut, if in the judgment of the board of commissioners, the same is deemed proper and necessary for public convenience or benefit. In such case ten days' notice to the property owners affected, of the time and place, when and where, all parties interested may meet and be heard, shall be given. Witnesses may be summoned to testify at the hearing. If a majority decide in favor of the granting of the petition, they shall make a written report, together with a draft or survey of the said road, street, lane or alley fixing 1 Act April 28, 1899, p. L. 104, Sec. 9, 4 P. & L. Dig. 922. 2 Act May 24, 1901, P. L. 297, 4 P. & L. Dig. 916. 3 Act June 7, 1901, P. L. 510, 4 P. & L. Dig. 1428. 13 195 igG LAW OF TOWNSHIPS IN PENNSYLVANIA. the width thereof, and note the improvements along the line, together with the names of the owners of property, through which the same shall pass, or where it shall abut, which report and draft shall be filed in the office of the clerk of the court of quarter sessions of the county in which the township is situ- ated. After the passage or approval of such an ordinance, no- tice shall be given within ten days by hand bills posted in con- spicuous places along the line of the proposed improvement. Any citizen may within thirty days after the filing of the re- port, file exceptions thereto, together with a petition for a re- view, as in other road cases, upon entering in said court suffi- cient surety to indemnify the board for all costs incurred in the proceeding. If no exceptions are filed, and the damages have not been agreed upon, the court of quarter sessions may appoint three viewers upon petition of the board of commissioners. These viewers after giving due notice of the meeting, shall prepare a schedule of the damages sustained, and of the benefit accruing, and assess the same. Exceptions may be filed to their report within thirty days thereafter, and any party whose property is taken or injured may appeal and demand a trial by jury, and may, after that, appeal to the Supreme Court within thirty days after the entry of a final decree. In TownsMps Tinder Special Acts. 191. By virtue of special legislation for many townships, road commissioners were given power to lay out roads. Their acts were not subject to review unless such was specially pro- vided for in the statute.^ To meet this the Act of July 2, 1901,^ was passed. Provision was made by it for the removal of the proceedings of such road commissioners to the court of common pleas by a writ of certiorari to be directed to the commissioner of the township in which the road lies, and to the 4 Nobles vs. Piollet, 16 Pa. Sup. 386. 5 Act July 2, 1901, P. L. 607, 4 P. & L. Dig. 1428. ROADS. 197 town clerk having in charge the record of such road. The proceeding may be set aside if found to be contrary to law, or if the return made to the town clerk, by the road commission- ers, either in laying out or vacating the road, is not according to law, or if the road commissioners are for any reason without jurisdiction, or for any reason incapacitated to act in the partic- ular case. Such may be shown by evidence outside of the rec- ord.^ This legislation does not give the court power by man- damus to reviewers to cure fatal defects in their report.''' The writ of certiorari acts as a supersedeas, but no such writ shall issue more than thirty days after the report of the road com- missioners has been filed with the town clerk.^ Notice to Supervisors, 192. Ordinarily the public road in the township is laid out under the general road law of June 13, 1836,^ and its supple- ments. By the Act of May 2, 1899,^^ it is made the duty of the par- ties applying for a road to give written notice to the supervis- ors of the territory through which such new public road is de- signed to be laid out and constructed, of the time and place of any views, reviews or rereviews therein, and a copy of such written notice properly attested shall be filed among the records of the court having cognizance of the matter, and fail- ure to comply with these directions is sufficient ground for the setting aside of the proceeding. This legislation is not ef- fective where the township is regulated by local road sys- tems." By local acts or by rules of court notices had frequently been directed to be given to auditors, supervisors 6 Frost vs. Scott, 12 D. R. 339. 7 Overton Township Public Road, 12 D. R. 317. 8 Act July 2, 1901, P. L. 607, Sec. 3, 4 P. & L. Dig. 1428. 9 Act June 13, 1836, P. L. 551, 2 P. & L. Dig. 4128. 10 Act May 2, 1899, P. L. 176, 4 P. & L. Dig. 1423. 11 Road in Greene and Guilford Townships, 21 Pa. Sup. 418. 198 LAW OF TOWNSHIPS IN PENNSYLVANIA. or both.'- The notice must be in writing.'" It must be served upon both of the supervisors.'^ And give notice of the time and place of meeting.'^ An acceptance of service of it for the supervisors by the attorney for the petitioners is not suffi- cient.'® If there has been no notice given, it is immaterial that one of the supervisors was present by accident.''^ The supervisors may waive the giving of such notice, but the proof of such waiver must be clear and indubitable.'^ If the effort is made to set aside the proceedings because of a failure to no- tify, the exception must be supported by evidence.'^ And the proceedings will not be set aside because of the failure of the record to show that notice was given, where there is no denial that it was.^^ Objection to the defect should be made before the confirmation of the report.^^ And the supervisors cannot take advantage of it as a defence to the payment of damages for the opening of the road, where no notice had been given as required by rules of court, when they had not complained be- fcre.^^ The notice is to be filed, but a failure to do so will not be sufficient ground for setting aside the report, though it will place the burden upon the petitioners of proving that it was 12 Ryan Township Road, 3 Kulp 158. 13 Taylor Township's Road, 2 Blair 361. 14 Chartiers Township Public Road, 47 Pitts. Legal Journal O. S. 268; Rush Twp. Road, 10 D. R. 650; Taylor Township's Road, 2 Blair 361. 15 Rush Township Road, 10 D. R. 650; Frankford Township Road, 11 D. R. 78, s. c. 24 Pa. C. C. 649; Chartiers Township Public Road, 47 Pitts. Legal Journal O. S. 268. 16 Lower Saucon Township's Road, 5 North. Co. 66. 17 Lower Saucon Township's Road, i North. Co. 41 ; Upper Fairfield Road, I D. R. 660, 11 Pa. C. C. 396. 18 Upper Fairfield Road, i D. R. 660, 11 Pa. C. C. 396. 19 East Penn Township Road, 2 Pa. C. C. 453 — here the notice was re- quired by a rule of court. 20 Sewickley Township Road, 23 Pa. Sup. 170. 21 Sewickley Township Road, 23 Pa. Sup. 170. 22 Brodhead vs. Lower Saucon Township Supervisors, 2 I ehigh Val- ley 381. ROADS. 199 given.^^ The Act of 1899 has been held to apply only to a new road, and not to an alteration of an old one.^^ But in Curtin and Bogg Township Road ^^ the proceedings were set aside, where the purpose was the changing of the route, for this de- fect. In Abington Road ^^ it was said by the court that a no- tice should always be served upon the supervisors, though there is no act or rule of court requiring it.^''^ Notice to Auditors. 193. In those townships in which roads are laid out by su- pervisors or road commissioners, it is made the duty of the supervisors or commissioners, whenever they have decided in favor of laying out a road to notify the auditor of the town- ship of such decision. The auditor with the supervisors or commissioners shall endeavor to obtain releases from claims for damages, and to assess the same where necessary. Any person interested, who may feel aggrieved by the assessment, may appeal within thirty days after the road has been opened.^^ By the second section of the same act similar provisions were made where a road had been laid out, but was not as yet opened.^^ Issue of Order to Open. 194. When the report of the viewers has been submitted to the court and is confirmed, the judicial power is exhausted. For one term all proceedings are stayed. At the expiration of that time, the road becomes a public one by operation of law, 23 Towamencin Road, 9 D. R. 650, s. c. 23 Pa. C. C. 113, see Springfield Township Road, ii D. R. 7, s. c. 24 Pa. C. C. 625. 24 Potter and Tioga County Public Road, 10 D. R. 456. 25 Curtin and Boggs Township's Road, 23 Pa. C. C. 328. 26 Abington Road, 3 D. R. 226. 27 In Todd Township Public Road, 11 D. R. 332, a notice to the county commissioners under Act April 3, 1899, P. L. 26, 4 P. & L. Dig. 1423, was held not to be requisite, as the road was merely vacated. 28 Act May 8, 1876, P. L. 145, Sec. i, 2 P. & L. Dig. 4180. 29 Act May 8, 1876, P. L. 145, Sec. 2, 2 P. & L. Dig. 4180. 200 LAW OF TOWNSHIPS IN PENNSYLVANIA. and the clerk of the quarter sessions issues the order to the su- pervisors to open. His act in so doing is ministerial. The court cannot confirm the report nunc pro tunc, and issue an immediate order to open.^" Nor can it direct the supervisors to open to the full width many years after the approval of the re- port.^^ The court fixes the width of the road,^^ and the clerk may certify this in the order which he issues.^^ The width cannot be fixed nunc pro tunc at a subsequent term.^"* A full term must elapse before he so certifies.^^ After the order for opening has been properly issued, the actual location of the road upon the ground will not be delayed until the damages assessed have been reviewed. ^"^ Defects apparent upon the face of the record may justify the court in quashing the proceedings upon the application of the supervisors, even after the order to open has been issued. So where it was impossible to carry out the order, because of the indefiniteness of the termini fixed, the court properly set aside the proceedings.^''' Duty to Open. 195. The opening of the road is a ministerial act and can be performed by one supervisor.^^ The execution of the order cannot be restrained by the court of quarter sessions upon pe- tition to enjoin the supervisors from opening the road con- firmed and laid out on the ground, though it makes an unneces- 30 Road to Ewing's Mill, 32 Pa. 282. 31 Glenn vs. Commonwealth, 6 Atl. 919, s. c. 5 Cent. 492. 32 Springfield Twp. Road, 24 Pa. C. C. 625; Catawissa and Main Twp. Road, 17 Pa. Sup. 21; Bloomsburg and Scott Twp. Road, 11 D. R. 93; Stowe Twp. Road, 20 Pa. Sup. 404. 2:i Beigh's Road, 23 Pa. 302. 34 Lower Allen Twp. Road, 18 Pa. C. C. 298, s. c. 5 D. R. 764; Derry Twp. Road, II Pa. Sup. 232; Com. vs. Plymouth Twp., 13 Pa. Sup. 209. 35 Pitt Township Road, i Pa. 356; McConnell's Mill Road, 32 Pa. 285 ; Middle Creek and Union Township's Road, 9 Pa. 69 ; Bucks County Road, 3 Whart. 105. 36 Lower Chanceford Township Road, 4 York 197. Z7 Dunbar Township Road, 12 Pa. Sup. 491. 38 Brodhead vs. Lower Saucon Township, 2 Lehigh Valley Reports 381. ROADS. 20 1 sary grade crossing.^^ That the supervisors may act intelH- gently, it is necessary that the termini of the road be distinctly fixed. If indefinite, so as to render the locating of the route impossible, the court may quash the proceedings, even after the order to open has issued.^^ But, if one of the termini is given, and the other can be found by following the courses and dis- tances, it is sufificient.^^ The court of common pleas has no jurisdiction to enforce by mandamus an order of the court of quarter sessions directed to the supervisors of the township to open a public road. The latter court has ample power to com- pel compliance with its own orders. ^^ The supervisors are di- rected to open the roads as soon as practicable.^^* In case of neglect to perform this duty, they may be indicted.^^ Like- wise if they refuse to open the road to its full width. "^^ Or for a failure to keep the road in repair.'*^ Or for changing a road as laid out, though they are following a change made by pre- decessors.''^ And they are likewise liable, though the work has been given to a contractor, who fails to properly repair.^^ A charge of neglect to open and to repair may be joined in one 39 Bonsall Avenue, 16 Pa. Sup. i. 40 Dunbar Township Road, 12 Pa. Sup. 491 ; Hector Township Road No. 2, 19 Pa. Sup. 124; Crescent Township Road, 18 Pa. Sup. 160; O'Hara Twp. Road, 152 Pa. 319; Bean's Road, 35 Pa. 280. 41 Hector Township Road No. i, 19 Pa. Sup. 120. 42 Commonwealth vs. Holland, 153 Pa. 233 ; In re Roaring Brook Town- ship Road, 140 Pa. 632. Note. — In the matter of the mandamus to the commissioners of Dauphin County, i Pearson 144, the mandamus was awarded to compel the opening of the road. And in Com. vs. Doylestown Supervisors, 16 Pa. C. C. 161 to compel the repair of a highway. 42* Act June 13, 1836, P. L. 551, Sec. 6. 43 Commonwealth vs. Reiter, 78 Pa. 161 ; Edge vs. Commonwealth, 7 Pa. 275. 44 Hamiltonban Township Supervisors, i D. R. 456, s. c. 11 Pa. C. C. 369. 45 Commonwealth vs. Cassatt, 3 Montg. Co. 19; Com. vs. Fehr, 2 North. Co. 275. 46 Commonwealth vs. Johnson, 134 Pa. 535. 47 Phillips vs. Commonwealth, 44 Pa. 197. 202 LAW OF TOWNSHIPS IN PENNSYLVANIA. count of the bill of indictment.^^ But as the duty is a joint one, both supervisors should be indicted.'*^ If the laying out of the road is discretionary, though the power to so act upon the written request of citizens is given by Act of Assembly, no indictment can be sustained in case of refusal.^" The costs of the proceedings resulting in the conviction of the supervisor are not chargeable against the township.^^ Since the Act of Assembly requires the opening as soon as practicable, the supervisors are bound to so act, and are not the judges of the necessity of the road, and it is no answer to an attachment for failure to open, that there are not sufficient taxes, when it does not appear that the power of taxation has been exhausted. ^^ Nor to say that the funds were needed for other purposes. Or that the cost of opening would increase the indebtedness of the township beyond the constitutional limit, where the tax limit is not shown, and no bona fide attempt of the supervisors to comply with the order appears.^^ Location of the Route. 196. It is the duty of the supervisors to follow the survey as returned by the viewers, and approved by the court. No dis- cretion rests in them to materially alter the route, although great saving would be effected thereby. In such case it is their duty to apply to the court to vacate the objectionable part, and it is no defence to an indictment, that the change had been be- gun by their predecessors in office.^^ After the confirmation the court cannot alter the courses and distances as fixed by 48 Edge vs. Commonwealth, 7 Pa. 275. 49 Commonwealth vs. Oberdorfer, i Kulp 102; Commonwealth vs. Grove, 7 Phila. 660. 50 Commonwealth vs. Thompson, 126 Pa. 614. 51 Benton Township vs. Kennedy, 5 Kulp 401. 52 Lower Merion Township Road No. i, 8 D. R. 561, s. c. 22 Pa. C. C. 207. 53 Roaring Brook Twp. Road, 140 Pa. 632. 54 Commonwealth vs. Johnson, 134 Pa. 635; Calder vs. Chapman, 8 Pa. £22. ROADS. 203 viewers.^^ Nor can the supervisors and the owner of the land agree upon a change.^^ Though it is the duty of the supervis- ors to follow the survey, yet if an altered route is actually lo- cated, no power exists thereafter to change to the true route,^''' at least without the consent of the owner of the land.^^ In opening roads as little injury is to be done as possible. So there should be no interference with the embankment and abutments of a railroad across whose located line the road ex- tends.^^ Likewise roads across canals must be so constructed as to interfere the least with the navigation of the canal or the use of the towpath.^^ And the same care must be exercised in changing the course of running water.^^ Any unlawful in- terference may be restrained.^- Or improper obstructions may be removed.*^^ Effect of Location. 197. A located road cannot be altered although it fails to conform to the survey returned by the viewers.^"* But mere use of a strip of land by the public will not necessarily constitute a location by supervisors.^^ In determining whether or not an obstruction is within a public highway, the original location by 55 Beeler's Road, 9 Pa. 217. 56 Furniss vs. Furniss, 29 Pa. 15 ; Calder vs. Chapman, 8 Pa. 522. 57 McMurtie vs. Stewart, 21 Pa. 322; Morrow vs. Commonwealth, 48 Pa. 305; Clark vs. Commonwealth, 33 Pa. 112. 58 Gray vs. North Versailles Twp., 208 Pa. yj. 59 Williamsport & N. B. R. R. Co. vs. La Porte Twp. Supervisors, 4 Pa. C. C. 588. 60 Commonwealth vs. Ruddle, 142 Pa. 144; Lehigh Twp. Road, i North- ampton Co. 220. 61 Warfel vs. Cochran, 34 Pa. 381 ; Wagner vs. Foley, 4 Del. Co. 172. 62 Williamsport & N. B. R. R. Company vs. La Porte Township Super- visors, 4 Pa. C. C. 588. 63 Commonwealth vs. Ruddle, 142 Pa. 144. 64 McMurtrie vs. Stewart, 21 Pa. 322 ; Holden vs. Cole, i Pa. 303 ; Cook vs. Deerfield Township, 64 Pa. 445; Clark vs. Commonwealth, 33 Pa. 112; Gray vs. North Versailles Twp., 208 Pa. yy. 65 Morrow vs. Commonwealth, 48 Pa. 305. 204 LAW OF TOWNSHIPS IN PENNSYLVANIA. the supervisors must control, and not the lines as fixed by the viewers.*'^ What location was made by the supervisors is a question of fact and the testimony of one who was a viewer and a surveyor is admissible to show this.^''' Or the testimony of a viewer.®* As there is no power to change the location of a road, so there is none to open a new road until the court should order it.®^ Or to open a road, while a new bridge is building. ''^^ Nor to contract bills for making such changes.'^ ^ Though the road be not originally laid out at its full width, the public has a right to that width. ''^^ In widening, the mid- dle line of the road as laid out is to be found, and one-half of the prescribed width is to be measured toward each side,^^ un- less the beaten track is within the limit of the originally located road, which is clearly defined on each side by marks on the ground.'^'* This principle has been modified in part by the Act of June 19, 1901,'^^ which provides that 'Tn all cases where pub- lic roads in this Commonwealth have been or may hereafter be laid out by viewers, and the same have been, or may hereafter be opened with the roadbed or track traveled by the public, lo- cated within the lines of such road, originally laid out, such line shall be and remain the boundary line of such road, unless 66 Commonwealth vs. Jackson, 10 Pa. Sup. 524; Glenn vs. Common- wealth, 5 Cent. 492, s. c. 6 Atl. 919; Commonwealth vs. Plymouth Town- ship, 19 Pa. Sup. 408; Commonwealth vs. Dicken, 145 Pa. 453; Common- wealth vs. Marshall, 137 Pa. 170. 67 Morrow vs. Commonwealth, 48 Pa. 305. 68 Stephens vs. Potter, 4 W. N. C. 375. 69 Holden vs. Cole, i Pa. 303. 70 Brewer vs. Sullivan Co., 199 Pa. 594. 71 Cook vs. Deerfield Township, 64 Pa. 445. 72 Commonwealth vs. Plymouth Twp., 13 Pa. Sup. 209; Com. vs. Shoe- maker, 14 Pa. Sup. 194. y2 Athens Borough vs. Carmer, 169 Pa. 426; Furniss vs. Furniss, 29 Pa. IS- 74 Commonwealth vs. Shoemaker, 14 Pa. Sup. 194; Gray vs. North Ver- sailles Twp., 208 Pa. 77, affirming 51 Pitts. L. J. O. S. 56. 75 Act June 19, 1901, P. L. 573, 4 P. & L. Dig. 1424. ROADS. 205 the location of such road, has been or may be changed by due course of law." This legislation does not apply where the old road is not within the line located.'^® Damages. 198. In the absence of special legislation, damages assessed by viewers for the opening of roads are to be paid by the county treasurer out of the county stock. ^''^ The township is not liable for consequential damages suffered by reason of the opening of a road. It is not a corporation vested with the priv- ilege of taking private property for public use within the mean- ing of section 8, article 16 of the Constitution.'^^ Nor is it liable for such damage arising from widening of a road.'^^ Or for such damage arising from a change of grade.^*^ Or for damages arising from necessary repairs to the highway such as causing water to flow upon the plaintiff's land, where the na- tural course of the flow has not been changed. ^^ By virtue of many local acts the damages assessed upon the opening of roads are chargeable to the townships. In such case the township is an interested party in the proceedings.^^ And may intervene in the proceedings upon appeal.^^ Townships of the first class are likewise chargeable with the damages, when roads are laid out by ordinance, under the Act of June 7, 1901.^^ Though no provision is made for the payment of damages, when a road has been laid out by the Act of Assembly, the leg- islation is not unconstitutional, since the six per cent, allowance for roads embraced in all the original grants from the proprie- 76 Gray vs. North Versailles Township, 208 Pa. 77. 77 Act June 13, 1836, P. L. 551, Sec. 8, 2 P. & L. Dig. 4135. 78 Wagner vs. Salzburg Township, 132 Pa. 636. 79 Winner vs. Graner, 173 Pa. 43. 80 Shoe vs. Nether Providence Township, 3 Pa. Sup. 137. 81 Warner vs. Muncy Township, 18 Pa. C. C. 582. 82 Stauflfer vs. Lower Swatara Township, 8 D. R. 104. 83 Hibberd's Appeal, 2 D. R. 28 s. c. 6 Kulp 497. 84 Act June 7, 1901, P. L. 510, 4 P. & L. Dig. 1432. 206 LAW OF TOWNSHIPS IN PENNSYLVANIA. taries or the Commonwealth, makes a claim for compensation in such case a matter of grace on the part of the Legislature, and not of constitutional right. So the townships cannot de- fend on such ground an action upon the warrants drawn in favor of contractors as directed by the special Act of Asseni- bly.85 85 Township of East Union vs. Comrey, 100 Pa. 362. CHAPTER XXI. ROADS. CONTINUED. SECTION SECTION 199. Cost of opening. 208. Guard walk. 200. Roads on township lines. 209. Removing stones. 201. Roads on State line. 210. Snow drifts. 202. Grading roads. 211. Index boards. 203. Widening roads. 212. Obstructing highways. 204. Widening roads between cities 213. Obstruction of crossings by and boroughs. railroad companies. 205. Repairs by contract. 214. Extortion by workmen. 206. Road machinery. 215. Operation of machinery on 207. Drains. highways. Cost of Opening. 199. "Public roads or highways laid out, approved and en- tered on record as aforesaid, shall as soon as may be practic- able, be effectually opened and constantly kept in repair, and all public roads or highways made, or to be made, shall at all sea- sons, be kept clear of all impediments to easy and convenient travel at the expense of the respective townships, as the law shall direct." ^ Contracts for the opening of new roads cannot be made by one supervisor without the concurrence of his fel- lows, but he has the power to employ men to do the ordinary repairs or work upon the roads.^ Supervisors are authorized to open and care for only such highways as have been lawfully laid out. They, therefore, cannot agree to pay compensation to a canal company for leave to use its tow path as a public 1 Act June 13, 1836, P. L. 551, Sec. 6, 2 P. & L. Dig. 4150. 2 Batten vs. West Brandywine, 3 Clark 462. 207 208 LAW OF TOWNSHIPS IN PENNSYLVANIA. highway.^ Credit must be given by the auditors for the cost of opening though the petitioners for the road had agreed that the expenses should be taken from their taxes.^ The supervisors may purchase, at the expense of the respect- tive townships, wood, timber and all other materials necessary for the purpose of making or repairing the roads, and employ a sufficient number of laborers to execute promptly and effec- tually these duties.^ They may also enter upon lands lying near the said roads and dig, gather and carry upon said roads, any stone, sand or gravel found on the same, necessary for the making or repairing of them, when the same cannot be con- veniently obtained by contract, at reasonable prices, doing, however, no unnecessary damage to the owners of the said land, and repairing any breaches of fences which they shall make.^ This legislation does not give the right to appropriate the fences of the land owner/ When such materials are taken, and the price therefor cannot be agreed upon, three referees are to be appointed, the decision of two of whom shall fix the amount But if referees cannot be agreed upon,, the owner may apply to a justice of the peace residing near the place where such materials were taken, or may be, and the justice shall appoint three persons, one at the suggestion of the su- pervisors, one at the suggestion of the land owner, and the third of his own selection. In case either party fails to so choose, the justice is authorized to do so.^ Since this right is given, and the remedy for the collection of the/lamages pro- vided, an action of trespass will not lie against the township to recover for the injury sustained.^ 3 Pennsylvania Canal Company vs. Shirley and Union Townships, i8 W. N. C. 397- 4 McDermott vs. Auditors of La Porte Township, 3 Atl. 437, s. c. 2 Cent. 592. 5 Act June 13, 1836, P. L. 551, Sec. 27, 2 P. & L. Dig. 4151. 6 Act June 13, 1836, P. L. 551, Sec. 28, 2 P. & L. Dig. 4151. 7 Nelson vs. Ehret, 4 Kulp 337. 8 Act June 13, 1836, P. L. 551, Sees. 29, 30, 2 P. & L. Dig. 4152. 9 Marshall vs. Lower Towamensing Township, 15 W. N. C. 235. ROADS. 209 In townships of the first class the board of township commis- sioners is required to effectually open and constantly keep in repair at all seasons the highways, and clear them of all impedi- ments to easy passing and traveling. If they see fit, they may by ordinance, appoint supervisors or engineers of the high- ways for such purposes, and are authorized to employ laborers, and purchase such tools, machinery and materials as may be requisite.^ ^ Boads on Township Lines. 200. Public roads or highways, which have been, or shall be laid out on a line, which divides two townships, shall be opened, made, kept clear and in repair at the joint and equal charge of such township, and if either township shall in any case nec- essarily incur more than its due proportion of such charge, it may recover from the other township the excess so in- curred.^ ^ If supervisors of either of such townships neglect or refuse to join with the supervisors of the other township in opening or repairing such road, the supervisors of the one township may do so, and those guilty of neglect shall be liable to the same penalties as if they did neglect or refuse to open and repair a public road situated wholly within their own township.^ 2 Roads on State Lines. 201. By the Act of March 30, 1848,^^ provision is made for the repairing of roads upon the line between the State of Pennsylvania and Ohio, The supervisors or other officers hav- ing charge of the roads in any two adjoining townships, through which such road passes, one of which shall be on either side of the line, are authorized to meet annually on the first day of April, or as soon thereafter as conveniently may be and lay 10 Act April 28, 1899, p. L. 104, Sees. 9, 10, 4 P. & L. Dig. 922-3. 11 Act June 13, 1836, P. L. 551, Sec. 10, 2 P. & L. Dig. 4151. 12 Act June 13, 1836, P. L. 551, Sec. 33, 2 P. & L. Dig. 4153. 13 Act March 30, 1848, P. L. 308, Sec. i, 2 P. & L. Dig. 4153- 210 LAW OF TOWNSHIPS IN PENNSYLVANIA, off SO much of the road as shall lie between the adjoining townships into sections, not exceeding one mile in length, and divide such sections equally between them. A record of the division is to be made in the book of the township clerk, and the supervisors are then required to open and keep in repair such portion or portions of the roads as may be allotted to their township. ^^ Grading Roads. 202. Roads between first class townships and adjoining bor- oughs may be graded, paved, curbed or macadamized, and the officers of the two municipalities may enter into an agreement with each other for the doing of such work, and provide for the division of the damages, costs and expenses. The damages in such case are to be assessed by viewers to be appointed by coun- cils, upon petition of a majority of the property owners in in- terest and number abutting upon the portion of the proposed line of improvement within the borough. And the same view- ers shall ascertain the share of the township. ^^ By the Act of May 24, 1901,^^ townships of the first class were given power to open, grade, construct and pave all the public highways in the township, which are laid out. Where the center line of the road is the boundary between a borough and a township, the borough is charged with the duty of keeping in repair the half of the road within the bor- ough line, but it cannot make any change of grade on its own half of the road so as to interfere with the use of the public highway in its entirety. It may, however, with the acquies- cence and consent of the authorities of the township change the grade of the whole width of the road, and in that manner discharge its duty to maintain the highway. Damages for the injury to property in such case are chargeable to the borough.^'' 14 Act March 30, 1848, P. L. 308, Sec. i, 2 P. & L. Dig. 4153. 15 Act July 10, 1901, P. L. 637, Sec. i, 4 P. & L. Dig. 1431. 16 Act May 24, 1901, P. L. 297, 4 P. & L. Dig. 916. 17 Rothwell vs. California Borough, 21 Pa. Sup. 234. ROADS. 211 In townships of the second class as an incident to the keeping of roads in repair, the supervisors may make proper grades. In such case no action Hes against the township by the abutting owner for the injury sustained. ^^ Widening Boads. 203. The Act of June 13, 1836, conferred no power to widen roads.^^ It is provided by the eighth section of the Act of May 8, 1850,^'^ that, "In addition to the powers now given to the courts of quarter sessions by the Act of the 13th June, in the year of our Lord, 1836, it may be lawful for them, on petition, under the same rules and restrictions regulating proceedings for laying out and vacating public roads, to grant the orders for widening all such roads as are now, or hereafter may be, laid out, reserving to those persons who may consider themselves damnified the right of submitting their claims to a board of viewers, as is now provided in cases of laying out roads : Pro- vided, That no road shall in any case exceed fifty feet in width." This power to widen must be exercised in analogy to the Act of June 13, 1836.21 The Act of May 14, 1874,^2 re^ quiring viewers to endeavor to secure releases from all claims for damages applies in proceedings to widen.^^ But the Act of May 8, 1889,^^ reducing the number of viewers to three, does not.25 Widening Roads Between Cities and Boroughs. 204. Provision has been made by the Act of April 3, 1903,^^ 18 Shoe vs. Nether Providence Township, 3 Pa. Sup. 137. 19 Church Road, 5 W. & S. 200. 20 Act May 8, 1850, P. L. 713, 2 P. & L. Dig. 4148. 21 Reserve Township Road, 80 Pa. 165. 22 Act May 14, 1874, P. L. 164, 2 P. & L. Dig. 4179. 23 In re Widening of Merion Avenue, 7 Montg. 102. 24 Act May 8, 1889, P. L. 129, 2 P. & L. Dig. 4129. 25 Widening of East Avenue, 7 Lane. L. R. 164; Widening of Locust Street, 10 Lane. L. R. 206. 26 Act April 3, 1903, P. L. 137. 14 212 LAW OF TOWNSHIPS IN PENNSYLVANIA. for the altering and widening of public roads in townships con- necting cities and borough. Application is to be made to the court of quarter sessions for the appointment of viewers to as- sess the damages resulting. They shall divide them in such proportion as they deem equitable and just. Repairs by Contract. 205. Taxpayers were given the ri^ht to enter into contracts to make and repair the public highways, by the Act of June 12, 1893,^^ as has already been noted. Townships of the first class are likewise authorized to enter into contracts with taxpayers, who shall apply to the court of quarter sessions for leave, to furnish all the materials and la- bor necessary for the opening and repairing of the public high- ways. The contract shall be made as directed for townships generally, by the Act of June 12, 1893,^^ Boad Machinery. 206. By the Act of May 24, 1887,^^ the road commissioners or supervisors of the township are authorized to purchase plows, scrapers, road machines and such other implements and materials as are found necessary for the construction and re- pair of the roads, highways and bridges. By the second sec- tion of the same act, a tax was authorized in cash, to provide for such payments, not to exceed twenty-five per centum of the rates or assessments laid for road purposes in any one year. The Act of April 23, 1903,^° validated the increasing of the in- debtedness created for such purposes where it did not exceed two per centum upon the assessed value of the taxable property therein, and made lawful the evidences of indebtedness issued therefor. 27 Act June 12, 1893, P. L. 451, 2 P. & L. Dig. 4232. 28 Act May 24, 1901, P. L. 297, 4 P. & L. Dig. 917. 29 Act May 24, 1887, P. L. 202, 2 P. & L. Dig. 4230. 30 Act April 23, 1903, P. L. 279. ROADS. 213 The Act of April 28, 1899,^^ provided for the purchase of all necessary tools, implements and machinery in townships of the first class. Drains. 207. In townships of the first class, the board of commis- sioners has power to enter upon any land or inclosure, to cut, open, maintain and repair all necessary ditches and drains which they shall judge necessary to carry the water from the roads.^- By the general Act of June 13, 1836,^^ supervisors were also given the same right. The stopping, filling up or injuring of any such drains, without the consent of the supervisors, is made an offense, punishable by pen- alty of not less than four dollars and more than $20.00.^* One who fills up a drain, so that the water cannot cross the road is liable to the penalty.^^ Evidence is not admissible in such case to show that the act done did not injure the road, the question being merely whether the obstruction was with the consent of the supervisors.^^ Guard Walls. 208. When a road or highway runs along the edge of a precipice along which it may be necessary to erect guards or barriers for the proper protection of the traveling public, and to erect such guards or barriers requires more expense than it is reasonable that the township should bear, the court having jur- isdiction may, on the presentation of the supervisors, or the pe- tition of any officers of the township, order a view, as in the case of roads. If on the report of viewers, it shall appear to the court, grand jury and commissioners of the county, that 31 Act April 28, 1899, p. L. 104, Sec. 10, 4 P. & L. Dig. 922. 32 Act April 28, 1899, P. L. 104, Sec. 11, 4 P. & L. Dig. 923. 33 Act June 13, 1836, P. L. 551, Sec. 32, 2 P. & L. Dig. 4152. 34 Act June 13, 1836, P. L. 551, Sec. 67, 2 P. & L. Dig. 4190. 35 Commonwealth vs. Betts, 76 Pa. 465. 2,6 Meeker vs. G^mmonwealth, 42 Pa. 283. 214 LAW OF TOWNSHIPS IN PENNSYLVANIA. such guards are necessary, and it will be too expensive for such township, the same shall be erected and maintained, as county bridges are now erected.^" Removing Stones. 209. The Act of May 2, 1899,^^ as amended by the Act of July 2, 1901,^^ provides for the removal by the township su- pervisors and road commissioners of the several townships, by contract or otherwise, of all loose stones from the trav- eled roads or highways in the township, at least once each month during the months of May, June, August and October in each year. This authority may be delegated to the path masters, but in any case the compensation to be paid to any person doing such work must be credited upon the road tax. In case of neglect to perform this duty a penalty not to exceed 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 proceeding, may be imposed. One-half of such fine is payable to the informer or prosecutor and the other half is to be used for road purposes of the town- ship. Snow Drifts. 210. It is the duty of the supervisors to make travel "easy and convenient," as directed by the Act of 1836. If there is a negligent failure to make reasonable efforts to remove snow and ice, the township will be liable for injury resulting.^*' But the highway need only be opened to a reasonable width, depending upon the circumstances.'*^ So it is sufficient if the supervisors clear a single track, with the necessary turnouts, so as to make the road passable for sleighs and sleds, if, since the fall of snow, 37 Act May 25, 1878, P. L. 150, Sec. i, 2 P. & L. Dig. 4154. 38 Act May 2, 1899, P. L. 164, 4 P. & L. Dig. 1425. 39 Act July 2, 1901, P. L. 611, 4 P. & L. Dig. 1424. 40 Wright vs. Lehman Township, 19 Pa. Sup. 653. 41 Lynn vs. Ralpho Township, 186 Pa. 420. ROADS. 2 1 5 travelers almost universally employ such sleighs and sleds, al- though the road remains impassable for wagons.^^ "In all cases where any of the public highways within this Commonwealth are so located as to render them liable, on ac- count of high wind during the winter season, to be so filled with snow as to cause them to be impassable, and where, in the judg- ment of the supervisors of roads of the several townships in which such public highways are situated, such drifts of snow can be avoided by the removal of any board, rail or other fence that may be erected along either side of such public highways and replacing the same by a fence constructed of posts, wire and boards, or rail combined, it may be lawful for such super- visors to agree with the owners of such fences upon a plan for the erection of a fence constructed of posts, wire and board or rail combined. And it may be lawful for supervisors to pay the owners of such fences a sum not to exceed the first cost of the wire used in the construction of such fences : Pro- vided, That the wire used in the construction of such fences shall be without barbs : Provided, That this act shall not apply to any stone wall, hedge or ornamental fence that is now or may hereafter be constructed." *^ Index Boards. 211. "The supervisors aforesaid, shall cause posts to be erected at the intersection of all public roads within their respective townships, (where trees are not convenient) with boards firmly fixed thereon, and index hands pointing to the direction of such roads, on which boards shall be inscribed in large and legible characters, the name of the town, village, or place to which such roads may lead, and the distance thereto, computed in miles." ^^ 42 Com. vs. Billheimer, i North. 145. The supervisors will be indictable only when the state of the road makes it a public nuisance. When it is passable for the vehicles employed by all except five or six persons, it cannot be called a public nuisance. 43 Act May 26, 1897, P. L. 98, 3 P. & L. Dig. 529. 44 Act June 13, 1836, P. L. 551, Sec. 61, 2 P. & L. Dig. 4153. 2l6 LAW OF TOWNSHIPS IN PENNSYLVANIA. If the supervisor neglects this duty after ten days' personal notice, he is subject to a penalty not to exceed ten dollars.^^ Anyone wilfully destroying, defacing or injuring any guide post, erected at or near a public road or any notice put up at any public bridge, shall be subject to a penalty of not less than five dollars, nor more than fifteen dollars,'*''' Obstructing Highways. 212. Any person obstructing any public road or highway, or committing a nuisance therein, and who fails on notice given by the supervisors to forthwith remove the nuisance and repair the damage done, shall be subject to a penalty of not less than ten dollars, nor more than forty dollars.^'^ To obstruct a high- way was indictable at common law.'*^ It does not apply to the reasonable and temporary use of the highway for the placing of building material thereon. ^^ By the Act of May 2, 1901,^*^ disorderly conduct upon a highway is defined, and made punishable by a fine, or upon default in its payment, by commitment to the county jail for a period not exceeding thirty days. From the conviction an appeal to the court of quarter sessions is given without special allowance upon entering into a recognizance in double the amount of the costs and fine, conditioned upon the appearance of the defendant at the next term. Obstruction of Crossings by Railroad Companies. 213. The obstruction of crossings by railroad companies or their employes subjects the agent so acting to a penalty of $25.00, to be recovered with costs in the name of the Common- 45 Act June 13, 1836, P. L. 551, Sec. 62, 2 P. & L. Dig. 4153. 46 Act June 13, 1836, P. L. 551, Sec. 69, 2 P. & L. Dig. 4190. 47 Act June 13, 1836, P. L. 551, Sec. 68, 2 P. & L. Dig. 4190. 48 Kelly vs. Commonwealth, 11 S. & R. 345. The Act of April 6, 1802, 3 Sm. L. 518, had made it a statutory offense to fail to remove such ob- struction on notice. 49 Mallory vs. Griffey, 85 Pa. 275. 50 Act May 2, 1901, P. L. 132, 4 P. & L. Dig. 941. ROADS. 217 wealth of Pennsylvania before a justice of the peace. One- half of such penalty is payable to the informer, and the remain- ing half into the treasury of the Commonwealth.^^ Extortion by Workmen. 214. Workmen extorting money from travelers upon the highways are subject to a penalty not to exceed five dollars.^^ And if such be done with the connivance of the supervisor he shall forfeit a sum not to exceed ten dollars.^^ Operation of Machinery on Highways. 215. By the Act of June 30, 1885,^^ the Legislature recog- nized the right to take steam machinery over public highways, by providing certain regulations for its exercise.^^ The legis- lation referred to provided for the conduct of the owner in passing other vehicles, and directed the stopping to allow others to pass. But the act was not intended to license the unre- stricted use of steam upon the public highways of the Com- monwealth. And a conviction for maintaining a public nuis- ance was sustained where the traction engine was used con- tinuously in drawing stone from a quarry to a railroad sta- tion.^^ 51 Act March 20, 1845, P- L. 191, 2 P. & L. Dig. 4191. 52 Act June 13, 1836, P. L. 551, Sec. 65, 2 P. & L. Dig. 4189. 53 Act June 13, 1836, P. L. 551, Sec. 66, 2 P. & L. Dig. 4189. 54 Act June 30, 1885, P. L. 251, 2 P. & L. Dig. 4235. 55 CIulow vs. McClelland, 151 Pa. 583. 56 Com. vs. Allen, 148 Pa. 358. CHAPTER XXIL ROADS. — CONTINUED. SECTION SECTION 2i6. Vacation of roads. 222. Sidewalks. 217. State roads. 223. Sidewalks in townships of the 218. State roads, continued. first class. 219. State roads, continued. 224. Sidepaths. 220. Maintenance. 225. Water troughs. 221. Turnpikes. Vacation of Soads. 216. The route as opened by the supervisors, and not the survey as returned by the viewers controls the location. If a change is desired, it is the duty of the supervisors to apply to the court to vacate the objectionable part.^ So in narrowing a road, the old one should be vacated, and a new one laid out.^ But a mere public user without a location by the proper offi- cer, is not enough.^ Where the line is not followed as fixed by the viewers, the land included within their survey is considered abandoned, and the owner is not answerable for subsequent obstructions placed thereon.^ The land owner cannot vacate a portion of the road and supply a new part.® Provision is made for the vacation of roads, opened or un- opened, by the Act of June 13, 1836,^ and its supplements. And by the Act of May 3, 1855,'^ for roads partly opened. The 1 Commonwealth vs. Johnson, 134 Pa. 635. 2 Cheltenham Twp. Road, 20 Montg. 19. 3 Morrow vs. Commonwealth, 48 Pa. 305. 4 Commonwealth vs. Miltenberger, 7 Watts 450. 5 Commonwealth vs. Moore, 4 Kulp 71. 6 Act June 13, 1836, P. L. 551, Sees. 18, 19, 2 P. & L. Dig. 4I44-S- 7 Act May 3, 1855, P. L. 422, 2 P. & L. Dig. 4145- 218 ROADS. 219 twenty- fourth section of the Act of 1836 enacts that whenever the whole or any part of the road shall be changed, the same shall not be shut up or stopped until the road laid out to take the place thereof, shall be actually opened. The supervisors cannot therefore close the old road until a new one is sup- plied.^ This legislation necessarily implies an interval be- tween the making" of the order and the actual vacation.® The road cannot therefore be vacated, when it is the terminus of another road until provision has been made to supply a new outlet.^" In cases of necessity the old road may be closed be- fore the actual opening of the new one, but this must be a real necessity and clearly proved, and the onus of so proving it is on him who so acts. That it is easier, cheaper and quicker to close it, will not avail. So a contractor for the construction of an approach to a county bridge has no right to obstruct the public road lying at right angles to the approach to the bridge without real necessity.^ ^ By the Act of May i, 1901,^- provision is made for the vaca- tion of county roads improved under the provision of the Act of June 26, 1895,^^ In such case a portion of roads so va- cated shall become and be township roads. By the Act of June 7, 1901,^^ the procedure in the case of the vacation of high- ways in townships of the first class is regulated. Provision has also' been made for the temporary vacation of roads by the court of common pleas when necessary for the holding of any agricultural fair or exhibition. ^^ And for the substitution of 8 Bridgeport & N. C. T. Road, 171 Pa. 312. 9 Susquehanna River Road, i Pearson 59; In re Roads in Londonderry Township, 129 Pa. 244. 10 Susquehanna River Road, i Pearson 59. 11 Mellick vs. Penna. R. R., 203 Pa. 457. 12 Act May i, 1901, P. L. no, 4 P. & L. Dig. 1427. 13 Act June 26, 1895, P. L. 336, 3 P. & L. Dig. 520. 14 Act June 7, 1901, P. L. 510, 4 P. & L. Dig. 1428. 15 Act March 18, 1875, P- L. 34, 2 P. & L. Dig. 4193. 220 LAW OF TOWNSHIPS IN PENNSYLVANIA. roads by railroad companies at their expense when necessary.^® So the location may be changed to avoid grade crossings.^ '^ State Roads. 217. Section 7 of article 3 of the Constitution provides that the General Assembly shall not pass any local or special law authorizing the laying out, opening, altering or maintaining of roads, highways, streets or alleys. Prior to 1874 local acts providing for the laying out of special roads were frequent. Such usually designated the road commissioners, who should lay out the highway, as well as the manner in which the ex- pense should be met. These acts were construed strictly. So where provision was made for the payment of one-half of the road taxes collected in a township yearly, until the highway was completed, the liability ceased upon the completion of the work, though the indebtedness was not liquidated.^ ^ Such local acts were constitutional though the township might be compelled to pay a greater sum than would be expended in building the portion of the road within its own limits.^ ^ And it was held to be immaterial that no provision was made for the securing of rights of way, and that the obtaining of such was not a prerequisite to the awarding of contract for con- struction.^^ They were unconstitutional, where the costs were directed to be paid by individuals living within certain dis- tances of the road to the exclusion of the other inhabitants of the township.2^ Warrants issued in payment by such road commissioners were not negotiable, and the holder could not sue in his own name.^^ A demand upon the treasurer was necessary before 16 Act Feb. 19, 1849, P. L. 79, Sec. 13, 2 P. & L. Dig. 3924. 17 Act June 7, 1901, P. L. 531, 4 P. & L. Dig. 1384. 18 Lumber Township vs. Cameron County, 134 Pa. 105. 19 Mahanoy Township vs. Comry, 103 Pa. 362. 20 East Union Township vs. Comrey, 100 Pa. 362. 21 Washington Avenue, 69 Pa. 352. 22 East Union Township vs. Ryan, 86 Pa. 459; Comrey vs. East Union Township, 202 Pa. 442. ROADS. 22 1 the institution of an action to recover.^^ But not upon the su- pervisors."'* From the time the right of action accrued, inter- est was allowable, although the warrants did not bear interest from their dates.^^ Payment of the certificate holders could not be enforced by mandamus against the township treasurer, tax collectors and the county treasurer, without joining the su- pervisors. It was a duty to first bring suit and obtain judg- ment.^® Nor could the treasurer be compelled by mandamus to pay money to road commissioners appointed under an act subsequently repealed."'^ The township could compel by man- damus the payment to it of moneys in the hands of the county treasurer received from road taxes and belonging to the town- ship, since his duty was purely ministerial.^^ And the certificate holder could recover in an action of assumpsit against the town- ship, though he was not entitled to set off the same against his road taxes. ^^ The sum collected was to be appropriated to the purposes named in the act, and was not to be used for the pay- ment of attorney fees.^^ The fact that suit had been brought upon one warrant drawn, during the course of the work, did not prevent a second action on subsequent warrant issued. ^^ It was no defense to such actions that the road had not been com- pleted.^^ Where the road commissioners have been directed to open the road, they may be indicted for failure to do so.^^ State Roads, Continued. 2 1 8. By the Act of May 23, 1878,^^ the supervisors of the 23 East Union Township vs. Ryan, 86 Pa. 459. 24 East Union Township vs. Comrey, 100 Pa. 362. 25 Mahanoy Township vs. Comry, 103 Pa. 362. 26 Commonwealth vs. Thompson, 86 Pa. 442. 27 Thompson vs, Commonwealth, 81 Pa. 314. 28 Porter Township Road, i Walker 10. 29 Porter Township Road, i Walk. 16. 30 Porter Twp. Road, i Walk. 21. 31 East Union Township vs. Comrey, 9 Atl. 290, s. c. 8 Cent. 434. 32 East Union Township vs. Comrey, 100 Pa. 362 ; East Union Township vs. Comrey, 9 Atl. 290, s. c. Cent. 434. 23 Commonwealth vs. Reiter, 78 Pa. 161. 34 Act May 23, 1878, P. L. 102, 2 P. & L. Dig. 4139. 222 LAW OF TOWNSHIPS IN PENNSYLVANIA. several townships are authorized to take full charge of the State roads, which have been laid out and to keep them in order. The same legislation authorizes the levy of a special tax to pay the expense of opening or laying out any such public highway. The accounts of the supervisors, in such case, are to be settled with the auditors of the respective townships in the same man- ner as the other accounts are settled. The provisions of this act do not apply to counties having a population greater than 75,000 inhabitants ; nor to any State road the accounts of which have been closed up, and the money distributed by virtue of any Act of Assembly or decree of court. State roads author- ized prior to the Constitution of 1874, but not opened before 1876 cannot be now, unless the provisions of the Act of May 2, 1876,^^ have been complied with, which directed a vote of the inhabitants of said township within two years after the pas- sage of the act, and unless such vote was in favor of such com- pletion. State Koads, Continued. 219. By the Act of June 26, 1895,^^ a general system for the construction of State highways was provided. This legis- lation was constitutional.^" By subsequent enactment,^^ the Act of 1895 was practically supplanted. All that is left of it is the authority given to the county commissioners to take over a township road as a county road and pay the local part of the expense of so doing.^^ The Act of 1903 created a State highway department and provided for the improvement of highways in townships or be- tween boroughs and townships on petition of the county com- missioners. When such request is granted, plans are to be pre- pared, with estimates, of the expense of the work, and the re- 35 Act May 2, 1876, P. L. 95, Sec. i, 2 P. & L. Dig. 4137. 36 Act June 26, 189S, P. L. 336, 3 P. & L. Dig. 520. 37 Middletown Road, 15 Pa. Sup. 167. 38 Act April IS, 1903, P. L. 188. 39 Township Roads, 28 Pa. C. C. 497. ROADS. 223 suit of the same reported to the county commissioners, and the supervisors of the township or townships in which the said highway hes. If the commissioners and supervisors decide that it is available to undertake the work, the State highway de- partment may contract jointly with the county, township or townships to carry out the recommendation. The cost of the same is to be borne 662-3 P^^" centum by the State, 16 2-3 per centum by the county and 16 2-3 per centum by the township or townships in which the portions of the highway to be improved may lie. All of the work is to be done by contract according to the plans and specifications prepared by the State highway commissioner and approved by the county commissioners and supervisors. In awarding the contract to the lowest bidder, the State highway commissioner, the county commissioners or the township supervisors retain the right to reject any of the bids, if they consider the same imreasonable. The township through its supervisors may bid for the construction of the portion of the road within its own limits. Upon completion of the work, the cost is to be apportioned in the ratio already stated. The share of the township or townships shall be paid by the township su- pervisors or the commissioners, as other debts of the said town- ship or townships are paid. Partial payments of not more than two-thirds of the contract price may be made in advance of the full completion of the work upon the approval of the State highway commissioner. For the purpose of securing the fund necessary for the payment of the township's share a cash road tax is authorized. No work shall be begun, however, until the county commissioners and supervisors of the township enter into a contract to assume their respective share of the costs. In addition to the cash road tax provided by this act, the township is authorized to incur indebtedness or to issue bonds in the manner authorized by law for the payment of the town- ship's share of the cost of the highway's improvement. The township supervisors may petition the county commis- sioners for the reconstruction of a highway, who in turn, by 224 LAW OF TOWNSHIPS IN PENNSYLVANIA, resolution, may petition the highway department. If the county commissioners fail to act upon such petition, the super- visors may apply to the court of quarter sessions for the ap- pointing of a jury of viewers to examine into the necessity of the proposed improvement. The supervisors of adjacent town- ships may join in such petition. If within thirty days after the receipt of any petition for highway improvement in any township, under the provisions of this act, a petition signed by the owners of a majority of the assessed valuation of real estate in said township is received by the county commissioners of the county in which the town- ship is located, protesting against said proposed expenditure on the part of the township, then the county commissioners will take no action on the petition, but shall return the same to the supervisors. So the owners of a majority of the assessed valuation of real estate may request the supervisors or the commissioners of the township to petition the county com- missioners.^^ Maintenance. 220. Ten per centum of the amount available for highway purposes shall be set aside for the maintenance of highways, and shall be apportioned by the State highway commissioner among the townships or counties applying for the same in pro- portion to the mileage of improved highways made under the provision of this act, or which have already been made, or may hereafter be made, at the expense of such township or counties, and which are of the standard prescribed by the State highway department for im- proved highways. To secure this assistance, a sworn petition of the supervisors or commissioners must be filed with the State highway department, giving the number of miles of highways improved, and the cost of the same to the township, together with the condition of said improved highways, and 40 Act April IS, 1903, P. L. 188. ROADS. 225 the average annual cost of maintaining the same. The State commissioner of highways may, if conditions warrant it, ap- portion to the said township its proportion of the total amount available, but in no case shall more be paid than one-half of the annual cost of maintaining the improved highway.^ ^ Under this act a township is entitled to State aid in reconstructing a road destroyed by an extraordinary rain storm and originally built under the provisions of the Act of June 26, 1895.'*^ Turnpikes. 221. By the Act of April 19, 1844,*^ turnpike roads con- demned or abandoned were declared to be county roads, and the supervisors of the various townships were directed to keep the same in repair. This act was extended to plank roads by the Act of March 16, i867.'*'^ The abandonment of a turnpike road does not affect the existence of the road as a public highway, but it is thenceforth, to be maintained in good order by the mu- nicipality within which the road is located.^^ Turnpike roads condemned under the provision of the Act of June 2, 1887,'*^ are to be properly repaired and maintained at the expense of the proper city, township or district, as other public roads or streets therein are by law repaired and maintained. This lia- bility to keep the condemned roads in repair is only incidental, and the township is not a party to the condemnation proceed- ing, and there is therefore no necessity of giving notice to it.^'^ Like provisions for care of roads condemned, where they are located in whole or in part upon a line dividing two counties are made by the Act of April 28, 1899.^^ 41 Act April 15, 1903, P. L. 188. 42 South Bethel Twp. Road, 29 Pa. C. C. 95. 43 Act April 19, 1844, P. L. 314, Sees. 8 and 9, 2 P. & L. Dig. 4154. 44 Act March 16, 1867, P. L. ZT, 2 P. & L. Dig. 4154. 45 Pittsburg M. & Y. R. Co. vs. Com. 104 Pa. 583. 46 Act June 2, 1887, P. L. 306, 2 P. & L. Dig. 4769. 47 In re Condemnation of Harrisburg & Cornwall Turnpike, 2 Dauphin Co. 51. 48 Act April 28, 1899, P. L. 79, Sec. 11, 4. P. & L. Dig. 1502. 226 LAW OF TOWNSHIPS IN PENNSYLVANIA. By the Act of April 5, 1870/'"* the supervisors are authorized to take possession of abandoned turnpikes or plank roads, when the company has failed, after a space of thirty days, to keep the same in repair. From such time, it shall be considered a county road, free of tolls, until the company or other person claiming the same, shall pay the supervisors of the township for the use of the township, all sums of money, and for all la- bor, with interest, by the several supervisors expended on such road. It would seem that the supervisors may restrain the taking possession of the abandoned road, and the charging of tolls thereon until the township has been reimbursed. ^*^ But equitable relief must be promptly asked for, and it will not be granted where no objection has been made for sixteen years after repossession has been taken and money expended.^ ^ A turnpike company whose road runs through unseated lands may by its proper authorities abandon its road and give official notice to the supervisors of the proper township that it has abandoned all its right, interest and title in such turnpike, or a part thereof, and where by acceptance or user, such aban- doned turnpike, or part thereof, has become a township road, in every such case, such road or part thereof, shall become a county road, and kept in proper condition and repair by the county commissioners of the proper county.^^ Sidewalks. 222. Unless by virtue of special legislation,^^ there is no general statutory duty requiring the township to make foot- walks. The construction of such by a citizen, even though the work was done in part by the supervisor, will not impose lia- bility upon the township, for injury resulting from its defec- 49 Act April 5, 1870, P. L. 48, Sec. 2, 2 P. & L. Dig. 4763. 50 Schload vs. Clay and Hinkletown Turnpike Company, 192 Pa. 40. 51 Nesinger vs. Clay and Hinkletown Turnpike Co., 203 Pa. 265. 52 Act July 10, 1901, P. L. 650, 4 P. & L. Dig. 1496. 53 Note. — E. g. the Act of April 15, 1869, for Bucks County; Benjamin Borough Incorporation, 17 Pa. C. C. 531. ROADS. 227 tive condition.^'* By the Act of May 7, 1889,^^ the right was given to abutting owners of land to lay out and build one side- walk along the public highway as far as said persons' lands extended along the same. Such footwalks cannot be of greater width than four feet, and are to be constructed and kept in repair by the land owner at his own expense. By the Act of June 26, 1895,^^ the supervisors are authorized upon the request of any land owner, whose land fronts upon the public highway, within such township, to establish a proper width and location for a sidewalk along each side of said highway along the lands of said owner, which width of walk on each side of said highway shall not be less than six feet for roads of fifty feet in width or less, and for roads in excess of fifty feet in width shall be ten feet in width, and when said sidewalks are established it shall be the duty of such land owner to pay for and keep the same in repair. When the footwalk has been es- tablished, any person wilfully injuring or obstructing it is guilty of a misdemeanor, and upon conviction may be punished by a fine not to exceed $10.00, or imprisonment in the county jail for a period not to exceed thirty days, or either, in the dis- cretion of the court.^^ By the Act of April 6, 1868,^^ a pen- alty was imposed for driving upon sidewalks, and by the Act of May 7, 1889,^^ a penalty was imposed for obstructing any footwalk. Sidewalks in Townships of the First Class. 223. Whenever the owner of property fronting on either 54 Chartiers Township vs. Langdon, 114 Pa. 541; Langdon vs. Char- tiers Township, 131 Pa. 77; Chartiers & Robinson Turnpike Road Co. vs. Nester, 7 Atl. 162. 55 Act May 7, 1889, P. L. no, 2 P. & L. Dig. 4230. 56 Act June 26, 1895, P. L. 324, 3 P. & L. Dig. 529. 57 Act April 28, 1899, P. L. 78, 4 P. & L. Dig. 945. Query. — Does this act apply only to sidepaths as provided for by the Act of April 11, 1899, P. L. 36, or to all sidewalks ; See Porter vs. Shields, 200 Pa. 241. 58 Act April 6, 1868, P. L. 67, 2 P. & L. Dig. 4192. 59 Act May 7, 1889, P. L. no, 2 P. & L. Dig. 4192. 15 228 LAW OF TOWNSHIPS IN PENNSYLVANIA. side of a public highway in any village in the township re- quests by petition that a sidewalk, with or without curbing, be constructed along the side of streets or highways at the ex- pense of the property owners, and it shall appear that the pe- tition includes the owners of a majority of frontage in lineal feet on that side of the highway where the sidewalk is desired, it shall be lawful for the board of township commissioners, by ordinance duly adopted to require the owners of property abut- ting on that side of the highway, where the sidewalk is desired, between designated points, to grade and pave and, if necessary, to curb the sidewalk in front of their respective property, in the manner prescribed by the or- dinance. If the owners fail to cause such paving and curbing to be done within sixty days from notice, it shall be lawful for the board of township commissioners to cause the same to be done, and to collect the cost thereof from the abut- ting property owners, in proportion to their frontage. And if the same shall not be paid, to file a lien therefor, in the nature of a municipal lien on the abutting property in the court of common pleas of the county, and to include therein a penalty of 20 per centum of the amount of the cost of the work.^*^ Section seven of the same act,^^ provides for the paving and curbing of sidewalks in villages. ^^ By Act of April 23, 1903,®^ township commissioners are given power to survey, lay out, enact and ordain footwalks, pavements, boardwalks, culverts and drains over and upon lands abutting on or alongside of turnpike roads, where the same pass through any town or village, and fix the size and width thereof, and require the paving and curbing by owners of land fronting thereon, in accordance with the terms of the ordinance. Damages and benefits to property caused by 60 Act April 28, 1899, P. L. 104, Sec. 12, 4 P. & L. Dig. 923, see Act April 23, 1903, P. L. 265, Sec. I. 61 Sec. 7 same Act, 4 P. & L. Dig. 917. 62 Re-enacted May 24, 1901, P. L. 297. 63 Act April 23, 1903, P. L. 265. ROADS. 229 such action shall be assessed and paid for as provided by ex- isting" laws relating to the widening of roads and streets by township commissioners. On the failure of owners of land to comply with the provision of the ordinance, within the time prescribed, the township commissioners may cause the work to be done, and collect from the owners the costs of the work and materials, with a penalty of ten per centum to cover the expense of collection and file a municipal claim therefor against the abutting property in the manner prescribed by law. No claim shall be filed for curbing, recurbing, paving, re- paving or repairing the footways of any highway, unless the owner shall neglect to do such work in such a length of time as may be prescribed by the ordinance, after notice so to do is served upon him or his agent, or the person in possession of the property ; except when in the case of curbing or recurbing or repaving the footway, it shall form part of an improvement resulting also in the paving, macadamizing or otherwise im- proving the cartway of said highway. If there be no agent or party in possession, it may be posted on the most public part of the property.^^ Sidepaths. 224. By the Act of April 11, 1899,^^ provision was made for the construction and maintenance of sidepaths along the high- way in townships for the use of bicycles and pedestrians. This legislation provided for the appointment of sidepath commis- sioners and prescribed their duties. By it a tax was to be levied for the payment of the expenses. This legislation has been held to be unconstitutional, in that it provides for the appoint- ment of special commissioners to exercise municipal functions, and is therefore contrary to article 3, section 20 of the Consti- tutioni^^ Even if the intention of the act was not to create special commissioners, but to provide for officers with powers 64 Act June 4, 1901, P. L. 364, Sec. 8, 4 P. & L. Dig. 1256. 6s Act April 11, 1899, P. L. 36. 66 Commonwealth vs. Smith, 9 D. R. 350, s. c. 23 Pa. C. C. 646. 230 LAW OF TOWNSHIPS IN PENNSYLVANIA. not now possessed by townships, then the act is open to the constitutional objection that the sidepath commissioners are county officers, and as such cannot be appointed by the court of quarter sessions as provided by the act, but must be elected at the general election. ^'^ Water Troughs. 225. Under the supervision of the supervisors or road com- missioners, any person may erect and maintain a water trough along a public road of not less than six feet in length, twelve inches in width and ten inches in depth in the clear, of either wood or iron or stone, and have pure, clear water continually running in the same, except in freezing weather, and erected of sufficient height and easy access suitable for the watering of horses and cattle. For such, an allowance of five dollars an- nually is to be made from the road tax for the service. Only one trough within a distance of five miles is to be paid for. If the water cannot be secured by pipes, a pump may be provided, for the use of any person desiring water. In such case the owner shall be entitled to the same annual pay. If individuals fail to furnish such trough, the supervisors or road commissioners may, with the consent of the owner of the land, erect such trough and keep the same in proper repair at an annual expense not to exceed five dollars.^^ Any person who shall wantonly destroy or injure a trough, or who shall commit any nuisance upon or near the same, shall be liable to prosecution before a justice of the peace, and upon conviction be punished by a fine not to exceed $20.00. If he shall refuse to pay the same, he may be committed to the county prison for a period not to exceed ten days.^^ (ij Porter vs. Shields, 200 Pa. 241. This decision renders it unnecessary to consider the cases of Westgate vs. Spalding, 8 D. R. 490, and Armitage vs. Crawford County, 24 Pa. C. C. 207, in which the question of the con- stitutionality of the act was not raised. 68 Act April 28, 1876, P. L. 51, as amended by Act of June 25, 1885, P. L. 168, 2 P. & L. Dig. 4230-1. 69 Act April 28, 1876, P. L. 51, Sec. 4, 2 P. & L. Dig. 4232. CHAPTER XXIII. BRIDGES. 226. Duty as to bridges. 233. Rebuilding bridges. 227. Cost of bridge. 234. Abandoned and destroyed 228. Bridges on boundaries. bridges. 229. Bridges on county lines. 235. Bridges over railroads. 230. Approaches. 236. Notices on bridges. 231. Repairs. 237. Penal provisions. 232. Alterations in county bridges. Duty as to Bridges. 226. It is the duty of the supervisors in making and repair- ing pubHc roads to make and maintain within their respective townships sufficient causeways of stone or timber on marshy or swampy ground ; and also to maintain sufficient bridges over all small creeks and rivulets and deep gullies, where the same shall be necessary for the use and safety of travelers.^ Con- tracts for the building of such bridges must be entered into by the supervisors jointly.^ They may contract for the building of roads with bridges, though the effect might be to deprive some of the taxpayers of their power to work out their road taxes. ^ And it is no defense to an action upon such contract, that taxes remain unpaid, and that carpenters reside in the township, who are willing to work out their road taxes in the construction of the bridge.^ The duty imposed upon the super- visors to erect proper bridges may be enforced by indictment, 1 Act June 13, 1836, P. L. 551, Sec. 31, 2 P. & L. Dig. 4152. 2 Commonwealth vs. Killinger, i Pearson 257 ; Cooper vs. Lampeter Township, 8 Watts 125. 3 Childs vs. Brown Twp., 40 Pa. 332. 4 Oakland Twp. vs. Martin, 104 Pa. 302. 231 232 LAW OF TOWNSHIPS IN PENNSYLVANIA. and therefore a writ of mandamus will not be granted.^ The same determination was made in Garman vs. Carroll and Spring Townships * on the ground that the necessity for the erection of a foot log was a matter within the discretion of the supervisors. In Billman vs. Carroll Township Supervisors "^ a writ of mandamus was granted to compel supervisors to re- place a foot bridge, the duties having been ascertained. Cost of Bridge. 227. When a river, creek or rivulet, over which it may be necessary to erect a bridge, crosses a public road or highway, and the erection of such bridge requires more expense than it is reasonable that one or two adjoining townships should bear, the court of quarter sessions having jurisdiction shall, on rep- resentation of the supervisors, or on petition of inhabitants of any township, order a view in the manner provided for in the case of roads. And if on the report of the viewers, it shall ap- pear to the court, grand jury and commissioners that such bridge is necessary, and would be too expensive for such town- ship, it shall be entered on the record as a county bridge.* The commissioners, after the report of the viewers is approved by the court and grand jury, may assist one or two adjoining townships in the expense of building the bridge, when it is too great for the township to bear, though they do not think it ad- visable to enter such bridge on record as a county bridge. The effect of this legislation is to empower county commissioners to aid local communities in building county bridges, without adopting any bridge in question, wholly as a county bridge.® 5 Commonwealth vs. Killinger, i Pearson 257. 6 Garman vs. Carroll and Spring Twps., i D. R. 530. 7 Billman vs. Carroll Twp. Supervisors, i Pa. C. C. 129. 8 Act June 13, 1836, P. L. 551, Sec. 35, 2 P. & L. Dig. 4156; Common- wealth vs. Commissioners of Monroe Co., 2 W. & S. 495 ; Act May 25, 1887, P. L. 267, 2 P. & L. Dig. 4167, amended by Act March 27, 1903, P. L. 74; See Act April 28, 1899, P. L. 91, Sec. i, 4 P. & L. Dig. 1435. 9 Westfield Borough vs. Tioga County, 150 Pa. 152. BRIDGES. 233 They may either build the bridge, or a portion thereof, or furnish money with which this is to be done.^*^ When such assistance is given a record of the proceedings is to be kept,^^ and such bridge shall be maintained, kept in repair and rebuilt when necessary by the respective township or townships, and the county shall in no event be liable for the same.^- Bridges on Boundaries. 228. Where a small creek, over which a bridge may be nec- essary shall be on the boundary or division line of townships, the bridge shall be built and maintained at the joint and equal expense of the said townships by their respective supervisors, in the manner directed by law in the case of public roads, which may be the division line of townships.^ ^ Where one of the districts refuses upon notice to aid the other in the con- struction of the bridge, one may build and collect the pro- portionate share from the other township.^* Where the lines of the districts do not abut, but end respectively upon the bank of a stream, the act does not apply, and a recovery cannot be had from the township which refuses to join.^^ In building causeways, the supervisors must act in such a manner as to do as little damage as possible, but no recovery can be had from them for injury to private property caused by the obstructing of water by causeways, where it is not shown to have been done with malicious intent; or with such reckless and wanton disregard of the interests of others as would be equivalent thereto.^® Where a joint bridge has been erected, it is the duty of the districts jointly to keep the same in repair.^^ And 10 Westfield Borough vs. Tioga County, 150 Pa. 152; Com. vs. Swatara Twp., 5 Dauph. 173. 11 Com. vs. Swatara Twp., 5 Dauph. 173. 12 Act June 11, 1879, P. L. 146, Sec. 2, 2 P. & L. Dig. 4168. 13 Act June 13, 1836, P. L. 551, Sec. 34, 2 P. & L. Dig. 4155. 14 Pottsville Borough vs. Norwegian Township, 14 Pa. 543. 15 Gouldsboro Borough vs. Coolbaugh Township, 87 Pa. 48. 16 Yealy vs. Fink, 43 Pa. 212. 17 Rapho & West Hempfield Twp. vs. Moore, 68 Pa. 404. 234 LAW OF TOWNSHIPS IN PENNSYLVANIA. where the supervisors of each district have fixed a dividing Hne, each must repair its share of the bridge, and each will be liable for injury resulting from the negligence upon its own part.^^ By the Act of July g, 1897,^^ the county is directed to build bridges or culverts between cities and boroughs or townships, if directed by the court of quarter sessions after petition there- for by not less than twenty-five resident taxpayers of the county, and a favorable report of the viewers appointed to de- termine the necessity. Bridges on County Lines. 229. Such bridges, and those within one- fourth mile of the line necessary for the accommodation of both counties are to be built as other county bridges, except that the court of quarter sessions of each county shall appoint three of the viewers, and a report as in other cases is to be made to the respective courts, and said courts shall together with the grand juries and com- missioners of the respective counties in all other respects have and exercise all concurrent jurisdiction therein.^" In such case it is the duty of the county and not of the township to build sufncient approaches to the end by filling up the adjacent road to the bridge level. ^^ Approaches. 230. When a bridge is erected by the county, it is the duty of the county commissioners to build the approaches necessary for its proper use.^^ And this is a duty not affected by the Act of April 15, 1869,^^ which gives to the county power to assist a township in the construction of approaches, where it is too ex- 18 Sheridan vs. Palmyra Twp., 180 Pa. 439. 19 Act July 9, 1897, P. L. 218, 3 P. & L. Dig. 540. 20 Act June 13, 1836, P. L. 551, Sec. 46, 2 P. & L. Dig. 4159, amended by the Act of April 23, 1903, P. L. 289. 21 Penn Twp. vs. Perry Co., 78 Pa. 457. 22 Penn Township vs. Perry County, 78 Pa. 457. 23 Act April IS, 1869, P. L. 46, 2 P. & L. Dig. 4163. BRIDGES. 235 pensive for the latter to bear.^'* But this obligation cannot be enforced where the bridge does not end upon the highway, but there is land between it and the road. In such case they may await until a highway is laid out.^^ Where the construction of an embankment or causeway lead- ing to either end of a bridge requires more expense than it is reasonable that the township should bear, the court having jur- isdiction may, upon the representation of the supervisors, or on the petition of any of the inhabitants of the township order a view. If the viewers report that such construction is neces- sary, the court may approve the finding, and order it entered, and recorded as a county improvement, and constructed as county bridges are erected.^^ The power to assist the township by paying the entire costs, or a portion thereof, after a report of viewers, approved by the court ^nd grand jury, was given by the Act of May 25, 1887,^''' Such a contract with the township should be in writing, signed by both supervisors.^^ Public roads laid out and confirmed, but not opened, leading to either end of a county bridge across a stream of water one thousand feet wide or more, may be ordered, upon petition of taxpayers showing that the construction would be too burden- some for the township, to be constructed by the county, for a distance not exceeding one-fourth mile. The court, if no cause be shown to the contrary, may authorize the county commis- sioners to construct the road, and upon the approval of the same by the county commissioners, or a majority of them, it shall be opened. ^^ 24 Commonwealth vs. Swatara Twp. Supervisors, 4 D. R. 468; 16 Pa. C, C. 490. 25 Commonwealth vs. Loomis, 128 Pa. 174. 26 Act April 15, 1869, P. L. 46, Sec. i, 2 P. & L. Dig. 4163. 27 Act May 25, 1887, P. L. 267, 2 P. & L. Dig. 4167, amended by the Act of March 27, 1903, Sec. i, P. L. 74. 28 Commonwealth vs. Supervisors of Swatara Township, 4 D. R. 468; 16 Pa. C. C. 490. 29 Act May 21, 1901, P. L. 268, 4 P. & L. Dig. 1425. 236 LAW OF TOWNSHIPS IN PENNSYLVANIA. Kepairs. 231. Bridges are treated as portions of the highway, and are to be maintained by the same persons as the highway. Where the bridge crosses a stream dividing townships, the duty to maintain it is on the two townships jointly.^^ By the Act of April 13, 1843,^^ this duty was transferred in certain counties to the county commissioners, who were directed to pay the sum from the county treasury. This act applied to all of the counties of the State except Bedford, Washington, West- moreland, Tioga, Potter, Cambria, Somerset, Armstrong, Allegheny, and Susquehanna counties. ^^ By the Act of April 21, 1903,^^ the commissioners were au- thorized to further repair iron and steel bridges by painting and tightening them. Where the Act of 1843 applies, the 30 Rapho and West Hempfield Township vs. Moore, 68 Pa. 404; Com- monwealth vs. Commissioners of Monroe Co., 2 W. & S. 495. 31 Act April 13, 1843, P. L. 221, Sec. i, 2 P. & L. Dig. 4160. 32 Note. — "The provisions of this act are extended to Armstrong county, by the Act of 1854, May 5, P. L. 295 ; to Bedford, by the Act of 1854, March 31, P. L. 247; to Susquehanna county by the Act of 1899, April 13, P. L. 47 ; to Erie, by the Act of 1854, April 6, P. L. 295, and to Washington and Westmoreland, by the Act of 1850, April 26, P. L. 616, sec. 2. But by the Act of 1853, April 18, P. L. 482, Sec. 2, in Westmoreland county such bridges are to be repaired in the manner prescribed by law for public roads at the expense of the townships. The Act of 1843, April 13, P. L. 221, Sec. I, was repealed as to Centre, Crawford, Elk, Huntingdon, Luzerne, Mifflin, Warren and Wyoming counties, by the Act of 1844, March 11, P. L. 86. As to Clinton county, the repealing act was repealed by the Act of 1876, May 4, P. L. 290. "The Act of 184s, Feb. 24, P. L. 52, Sec. 5, making it the duty of the commissioners of Allegheny county to repair county bridges, and pay the expenses out of the county treasury, was repealed by the Act of 1849, April 5 P. L. 342, Sec. 4; and by the Act of 1851, April 12, P. L. 536, Sec. 4, the commissioners are authorized to make such repairs. "As for repairs in Crawford county, see the Act of 1861, March 25, P. L. 206; in Washington, the Act of 1859, March 30, P. L. 309; in Wayne, the Act of 1870, March 21, P. L. 498. "See Howe vs. Commissioners, 47 Pa. 361, 1864, as to the powers and duties of commissioners in Crawford county, in relation to repairs ot bridges." 33 Act April 21, 1903, P. L. 228. BRIDGES. 237 bridge becomes a county bridge, and the county is liable for damages, resulting from a failure to repair it.^"* And the county is liable for the cost of the repairs.^^ Where the repairs are needed the county commissioners may order them, if in their judgment, they are necessary for the accommodation of pub- lic travelers, without first obtaining the consent of the court and a grand jury.^® If the evidence clearly shows the necessity, the duty may be enforced by mandamus.^^ The duty of the su- pervisors to repair still exists in those counties to which the Act of 1843 ^s not applicable. ^^ The repairs referred to in the Act of 1843 ^^^ ordinary repairs, and this legislation does not au- thorize the rebuilding of the superstructure.^^ Bridges built across canals must be repaired.^*^ Or a rail- road bridge opened for the benefit of the township.^ ^ Or a bridge across a condemned turnpike.^^ Private bridges are to be repaired by the owners of the land, but, if the work is done by the supervisors, the cost may be recovered from them.^^ Alterations in County Bridges. 232. Where bridges have been contracted for, and it is de- sired to deviate from the plan agreed upon, the county commis- sioners may so direct, and in such case, if compensation cannot 34 Francis vs. Franklin Township, 179, Pa. 195. 35 Dougherty vs. Upper Allen Township Supervisors, 12 Pa. C. C. 304. 36 Commonwealth vs. County Commissioners, 14 Pa. C. C. 299. 37 Commonwealth vs. County Commissioners, 14 Pa. C. C. 299. 38 Erie Co. vs. Commonwealth, 127 Pa. 197; Whitmire vs. Muncy Creek Township, 17 Pa. Sup. 399; Smith vs. Muncy Creek Twp., 206 Pa. 7; Rush Township vs. Susquehanna Co., 6 Pa. C. C. 160. The act now applies to Susquehanna county since the Act of April 13, 1899, P. L. 47. 39 Erie County vs. Commonwealth, 127 Pa. 197; Commonwealth vs. Commissioners of Northampton Co., i North. 198; Commonwealth vs. County Commissioners, 14 Pa. C. C. 299; Howe vs. Commissioners of Crawford Co., 47 Pa. 361. 40 Meadville vs. Erie Canal Co., 18 Pa. 66. 41 Newlin Township vs. Davis, yy Pa. 317. 42 Bedford & Stoystown Turnpike Bridge, 3 D. R. 709, s. c. 14 Pa. C. C. 296. 43 Woodring vs. Forks Twp., 28 Pa. 355 ; Book vs. P. R. R., 207 Pa. 138 ; See North Lebanon Twp. vs. Lebanon Co., 6 Pa. C. C. 538. 238 LAW OF TOWNSHIPS IN PENNSYLVANIA, be agreed upon, the builder may recover the reasonable value of his services.** Additions or alterations, unless directed by the county commissioners cannot be recovered for.*^ Bebuilding Bridges. 233. County commissioners are required to reconstruct bridges destroyed or partially destroyed by storm or fire.**' For this purpose money may be borrowed not exceeding, how- ever the constitutional limitation, at a rate of interest not to exceed six per cent., and bonds may be issued therefor in sums not exceeding $500.00.*^ This relieves the supervisors of the duty to rebuild the bridge or the causeway leading thereto.** And the duty may be enforced by mandamus.*^ Ordinary re- pairs do not come within the provisions of this legislation.^'^ Abandoned and Destroyed Bridges. 234. County commissioners are authorized to take charge of rebuilding and reconstructing bridges within the county which have been destroyed or abandoned. And where such bridges pass between two counties, the commissioners of both may so act. If the commissioners neglect or refuse to rebuild, upon petition of ten citizens, and taxpayers, residing in the township in which the bridge is to be located, setting forth the facts, and supported by the affidavits of two citizens, the court of common pleas may issue a mandamus to compel them to pro- ceed. ^^ For such purposes money may be borrowed.^^ By the Act of April 19, 1895,^^ power to rebuild is given to 44 Act April II, 1848, P. L. 506, Sec. 2, 2 P. & L. Dig. 4162. 45 In re White Clay Creek Bridge, 5 Pa. C. C. 366. 46 Act May 5, 1876, P. L. 112, Sec. i, 2 P. & L. Dig. 4163. 47 Act May 5, 1876, P. L. 112, Sec. 2, 2 P. &. L. Dig. 4164. 48 Taylor Township vs. Lawrence County, 17 Pa. C. C. 396. 49 Myers vs. Commonwealth, no Pa. 217. 50 Commissioners of Erie County vs. Commonwealth, 127 Pa. 197. 51 Act June 16, 1891, P. L. 305, Sec. i, 2 P. & L. Dig. 4166; See Keiser vs. Commissioners, 156 Pa. 315. 52 Act June 8, 1881, P. L. 67, Sec. 2, 2 P. & L. Dig. 4167. 53 Act April 19, 1895, P. L. 39, 3 P. & L. Dig. 535. BRIDGES. 239 the county commissioners where bridges of corporations have been destroyed by ice or otherwise within ten years, and aban- doned by the owners thereof. By the Act of April 21, 1903,^^ the Commonwealth was di- rected to erect destroyed bridges across navigable rivers, and such of the streams as have been declared public highways by Act of Assembly. Bridges so erected are to be maintained by the county in which they are located. ^^ By the Act of May 6, 1897,^® and May 13, 1901,^'^ amended by the Act of July 9, 1901,^^ the county commissioners, with the State board of property, are authorized to rebuild and reconstruct bridges over streams or rivers forming the boundary line between counties, the State to pay one-half the cost. Under this act the county commissioners have discretion as to rebuilding the bridge, but the court of common pleas must issue a mandamus to proceed upon petition of fifty taxpayers setting forth the facts, and sworn to by five.^^ Bridges Over Kailroads. 235. Where a road hereafter to be opened crosses a rail- road, and it is deemed advisable for the protection of travelers to erect a bridge, and the expense thereof is more than it is reasonable for the township to bear, the court of quarter ses- sions, on the representation of the supervisors, or on petition of the inhabitants of the township, may order a view. If on the report of the viewers, it shall appear to the court, grand jury and commissioners, that such bridge is necessary, and would be too expensive for the township, it shall be entered on record as a county bridge. After such entry, it is the duty of the 54 Act April 21, 1903, P. L. 230. 55 Act June 3, 1895, P. L. 130, Sec. 8, 3 P. & L. Dig. 535. 56 Act May 6, 1897, P- L. 46, 3 P- & L- Dig. 536. 57 Act May 13, 1901, P. L. 191, 4 P. & L. Dig. 1440. 58 Act July 9, 1901, P. L. 620, 4 P. & L. Dig. 1439. 59 See Seabolt vs. Northumberland County Commissioners, 197 Pa. no, in which the Act of May 6, 1897, 3 P. & L. Dig. 536 is considered. 240 LAW OF TOWNSHIPS IN PENNSYLVANIA. county commissioners to provide for its erection. ^"^ This leg- islation did not apply to roads and highways then existing. ITotices on Bridges. 236. Supervisors are required to put up and maintain in conspicuous places at or near the end of a bridge erected at the expense of the public, having an arch of the length or span of forty-five feet or upwards, a notice in large and legible let- ters of the fine and penalty provided for the protection of such bridge, under penalty of a sum not to exceed $20.00.'®^ This legislation is extended to iron bridges of the same dimensions, by the Act of March 18, 1864,^^ Where the bridge is on a township line, the supervisors of the township shall be liable to put up and maintain such notices only at or near the end of the bridge within their own township.^^ Penal Provisions. 237. "If any person shall wilfully ride, drive or lead, or cause another person to ride, drive or lead any horse or beast of burden faster than a walk in crossing a bridge having an arch of the length or span of forty-five feet or upwards, such person shall for every such offense, forfeit and pay a sum of not less than five dollars or more than thirty dollars, provided, nevertheless, that notice of the provision be set up in the manner hereinbefore required." ^^ A like penalty is provided for driving cows faster than a walk.^^ A penalty of five dollars is to be imposed upon any person who shall carry fire across a bridge, except in a lantern or other vessel, in which it will be fully secured.^® This pro- 60 Act April II, 1903, P. L. 164. 61 Act June 13, 1836, P. L. 551, Sec. 63, 2 P. & L. Dig. 4160. 62 Act March 18, 1864, P. L. 68, 2 P. & L. Dig. 4191. 63 Act June 13, 1836, P. L. 551, Sec. 64, 2 P. & L. Dig. 4160. 64 Act June 13, 1836, P. L. 551, Sec. 70, 2 P. & L. Dig. 4190. 65 Act June 13, 1836, P. L. 551, Sec. 71, 2 P. & L. Dig. 4191. 66 Act June 13, 1836, P. L. 551, Sec. 72, 2 P. & L. Dig. 4191. BRIDGES. 241 vision is not to be construed so as to infringe upon the chartered rights of any corporation.^^ All of these fines are recoverable in the name of the Commonwealth, at the instance of any per- son vi^ho shall sue therefor, in the same manner as debts of like amount are recoverable with costs of suit. Of the sum collected, one-half is payable into the county treasury of the respective townships for the use of the supervisors of the pub- lic road, and the remainder to the person suing for and re- covering the same.^^ 67 Act June 13, 1836, P. L. 551, Sec. jz, 2 P. & L. Dig. 4191. 68 Act June 13, 1836, P. L. 551, Sec. 75, 2 P. & L. Dig. 4191. CHAPTER XXIV. ACTIONS BY AND AGAINST TOWNSHIPS. SECTION SECTION 238. Power to sue. 242. Mandamus. 239. Actions against townships. 243. Mandamus, continued. 240. Actions by supervisors. 244. Mandamus, continued. 241. Intervention of taxpayers. 245. Execution. Power to Sue. 238. The township may bring and conduct actions in its own name.^ Thus it may sue on the bond of a tax collector.^ Or may maintain an action against a delinquent supervisor.^ And the suit may be brought in the name of the township, though the bond has been taken in the name of the auditors for the use of the township.^ Or in the name of the road com- missioners individually.^ So the township may institute man- damus proceedings to compel a railroad company to make a road for public accommodation, as required by its charter.® And the local authorities may be made parties to a bill in equity, filed by one street railway company against another, each of which claims to have local consent for the construction of the road.'^ If compelled to undergo expense in the perform- 1 Act April 15, 1834, p. L. 537, Sec. 5, i P. & L. Dig. 998. 2 Commonwealth vs. Gruver, 13 Pa. Sup. 553 ; Commonwealth vs. Piroth, 17 Pa. Sup. 586. 3 Shronk vs. Supervisors of Penn Twp., 3 Rawle 347, following Wil- lard vs. Parker, i Rawle 448 ; Com. vs. Smythe, 21 Lane. L. R. 109. 4 Dyer vs. Covington Township, 28 Pa. 186. 5 Anderson vs. Hamilton Township, 25 Pa. 75. 6 Whitemarsh Twp. vs. Philadelphia, Germantown & Norristown R. R. Co., 8 W. & S. 365. 7 Middletown, etc. R. Co. vs. Middletown Elec. Ry. Co., 16 Pa. C. C. 127. 242 ACTIONS BY AND AGAINST TOWNSHIPS. 243 ance of work, which should have been done by individuals, the sum expended, may be recovered.^ In townships of the first class suit may be brought for the violation of ordinances, where fines and penalties have been provided.^ So they may collect license charges, where such are required to be taken out for ve- hicles used for carrying persons or property for hire.^° Or collect costs of sidewalks constructed by the board of township commissioners.^^ Actions Against Townships. 239. The supervisors of the township may confess judgment in an action brought. They are not bound to defend where such would be useless. ^^ And though the judgment be con- fessed by but one supervisor, it will be only irregular and not void.^" An action will lie for the amount of an order legally drawn on the township treasurer, and which has been duly pre- sented to him and payment refused.^ ^ It would seem, however, that the action should not be based upon the warrant issued, but the suit be brought on the original claim.^^ Actions against the township should be brought against it, and not against the supervisors.^^ And it is not necessary that the supervisors be joined.^ "^ The summons is to be served upon the supervisors.^^ 8 Woodring z'S. Forks Township, 28 Pa. 355. 9 Act April 28, 1899, P. L. 104, Sec. 7, 4 P. & L. Dig. 921 ; Act June 10, 1901, P. L. 551, 4 P. & L. Dig. 921. 10 Act April II, 1903, P. L. 164. 11 Act April 28, 1899, P- L. 104, Sec. 12, 4 P. & L. Dig. 923. 12 Maneval vs. Jackson Township, 141 Pa. 426. 13 Brown vs. Rush Township No. i, 5 D. R. 517; Sheetz vs. Rush Town- ship, 5 D. R. 516; Merold vs. Rush Township, 5 D. R. 514. 14 Township of East Union vs. Comrey, 100 Pa. 362. 15 Allison vs. Juniata Co., 50 Pa. 351. This question is not decided in Maneval vs. Jackson Twp., 141 Pa. 426, on the ground that it was not raised by the proper party. But see Stebbins vs. Twp., 13 D. R. 64. 16 Laughlin vs. Township, i Just. Law Rep. 117; Eisenhart vs. Hykes, 4 Lane. L. R. 98. 17 Shea vs. Plains Township, 7 Kulp 554 ; Commonwealth vs. Thomp- son, 86 Pa. 442. 18 Eisenhart vs. Hykes, 4 Lane. L. R. 98. 16 244 LAW OF TOWNSHIPS IN PENNSYLVANIA. And it would seem that a service upon one is sufficients^ But a return setting forth that the summons was left at the residence of a supervisor is not a sufficient service ^^ since this is not a compliance with the Act of March 20, iSio.^^ The orders issued by the township are not negotiable, and the action cannot be brought in the name of the holder, when not issued to him.^^ Even though the warrant be made payable to bearer.^^ Before the action is brought, a demand should be made upon the township treasurer; but it is not essential that such be made upon the supervisors.^^ But a demand need not be shown where the defendant avers that the order was taken by the plaintiff with the knowledge that there were no funds in the treasury.^^ By the Act of April, 21, 1858,^*^ the legislation requiring municipal corporations to file affidavits of defense to actions brought against them was repealed, and judgment for want of such is therefore to be refused.-^ This enactment was supple- mented by the Act of April 26, 1893,^^ which provided that municipal corporations shall not be required to file affidavits of 19 Merold vs. Rush Township, 5 D. R. 515, following Kleckner vs. County of Lehigh, 6 Whart. 66; See also Sheetz vs. Rush Township 5 D. R. S16. 20 Bailey vs. Jefferson Township, 7 D. R. 550. 21 Act March 20, 1810, 5 Sm. L. 261, Sec. 2, i P. & L. Dig. 2555. 22 Snyder Twp. vs. Bovaird, 122 Pa. 442 ; First National Bank of North- umberland vs. Rush School Dist., 81^ Pa. 307; Central School Supply Co. vs. South Middleton Twp. School Board, 9 Pa. Sup. no; Livingston vs. South Middleton Twp. School Board, 15 Pa. Sup. 358; Stephen vs. Wy- oming School Dist., 10 D. R. 135; Warner vs. Commonwealth, i Pa. 154. 23 Comrey vs. East Union Township, 202 Pa. 442. 24 East Union Township vs. Comrey, 100 Pa. 362. 25 Stebbins vs. Leidy Township, 13 D. R. 64. 26 Act April 21, 1858, P. L. 385, Sec. 8, 2 P. & L. Dig. 3608. This act is entitled a supplement to the act incorporating the city of Philadelphia, yet the 8th section has a general application. Garrard vs. County of Alle- gheny, 2 Pitts. 338. 27 Halsey vs. Denison Twp., 2 Luzerne L. Obs. 212; See Little vs. Lower Merion Twp., 7 Montg. 205. 28 Act April 26, 1893, P. L. 26, i P. & L. Dig. 388. ACTIONS BY AND AGAINST TOWNSHIPS. 245 defense in actions of assumpsit. It is not necessary, therefore, for the township to file an affidavit of defense, and judgment cannot be taken for failure to do so.-^ It is proper for the township to defend to the action on the ground that the indebtedness was contracted by but one super- visor, where the expenditure was a matter requiring delibera- tion.'^*^ But one supervisor may contract indebtedness in case of extraordinary emergency, and bind the township.^ ^ And it will be bound where the township has been divided, each su- pervisor taking a certain portion, the supervisor in control hav- ing contracted the indebtedness. ^- Ordinarily no interest is recoverable upon a suit on the township order.^^ But such is allowable in an action upon the original indebtedness from the time of a demand and refusal to pay.^^ Where a judgment has been rendered, it cannot be impeached collaterally for mere irregularities.^^ But it can be stricken off if void, and not merely irregular.^^ Actions of Supervisors. 240. The supervisor having a claim for work performed or money expended must present his claim to the auditors, and if lefused payment must appeal to the court of common pleas. 29 Barrett vs. Plymouth Twp., 6 Del. Co. 428, s. c. 12 Montg. 120; 13 Lane. Law Review 399; James vs. Fell Twp. Poor Board, 3 Lack. Leg. News 338, s. c. 7 D. R. 12. 30 Wolf vs. Sterling Township, 3 Luz. Leg. Obs. 276; Union Twp. vs. Gibboney, 94 Pa. 534; Logan vs. Rochester Twp., 21 Pa. Sup. 113; Somer- set Twp. vs. Parson, 105 Pa. 360. 31 Maneval vs. Jackson Twp., 141 Pa. 426. 32 Commonwealth vs. Colley Township, 29 Pa. 121. 33 Snyder Twp. vs. Bovaird, 122 Pa. 442; Dyer vs. Covington Township, 19 Pa. 200; East Union Township vs. Ryan, 86 Pa. 459; Stebbins vs. Leidy Twp., 13 D. R. 64. 34 Mahanoy Township vs. Comry, 103 Pa. 363; Snyder Twp. vs. Bo- vaird, 122 Pa. 442; Allison vs. Juniata Co., 50 Pa. 351; Friend vs. Pitts- burgh, 131 Pa. 305. 35 Brown vs. Rush Township No. i, 5 D. R. 517; Merold vs. Rush Twp., 5 D. R. 514. 36 Sheetz vs. Rush Twp., 5 D. R. 516. 246 LAW OF TOWNSHIPS IN PENNSYLVANIA. The claim should consist of an itemized account of the work done and expense incurred, and not merely a lump credit. ^'^ His remedy is given to him by statute, and there is no common law right of action. •^'^ But he may sue for the amount found due to him by the auditors.^^ In Barrett vs. Plymouth Town- ship,^*^ it was said that the certificate was as binding as a judg- ment, and the remedy was to compel the levy of a special tax. Intervention of Taxpayers. 241. The Act of March 23, 1877,^^ provides that in case of any unsatisfied judgment or any suit or process of law, against any township, borough, school, or poor district, or other muni- cipal district in Pennsylvania, any taxpayer of such township, borough, etc., may inquire into the validity of any judgment, or defend the township, borough, etc., in any suit or judgment. Upon petition accompanied by affidavit that the petitioner be- lieves that injustice will be done to the township, borough, etc., in the suit or judgment, presented to the court of com- mon pleas in which the suit may be pending or the judgment exist, he shall have the right to come into court and defend the township, borough, etc., in any suit, and inquire into the va- lidity of any judgment against it, as fully and completely as the officers of the township, borough, etc., would by law have the right to do. But the court may, if it deems necessary, compel such taxpayer to file in the court of common pleas a bond with one or more sureties approved by itself, to indemnify and save harmless the township, borough, etc., from all costs that may accrue in the suit, subsequently to the filing of the petition. As the right thus conferred does not exist at common law it exists only under the circumstances mentioned in this act, one of which is that the suit or judgment is in the common pleas. 27 Stolpe's Appeal, 11 Kulp 143. 38 Brown z>s. White Deer Township, 27 Pa. 109; Willard vs. Parker, r Rawle 448. 39 Carney vs. Wheatfield Township, 4 W. & S. 215. 40 Barrett vs. Plymouth Twp., 13 Montg. Co. 46. 41 Act March 23, 1877, P. L. 20, i P. & L. Dig. 1000. ACTIONS BY AND AGAINST TOWNSHIPS. 247 The taxpayer cannot therefore intervene by writ of certiorari in proceedings in the court of quarter sessions, under the Act of March 31, 1864, providing for a mandamus to collect a special tax.^^ Mandamus. 242 By the Act of June 8, 1893,"^^ the courts of common pleas of the respective counties are given the power to issue writs of mandamus to all township officers within the county, and to corporations having their principal place of business within such county, or having its property in whole or in part within the county.^** This legislation is not intended to substi- tute the writ of mandamus for the ordinary proceedings and trial.^^ And it will not be granted where there is an adequate legal remedy.'*^ Suit should first be brought to recover a judg- ment against the township before the writ of mandamus is re- sorted to for the collection of the amount due.'*^ The pro- visions of the act of April 15, 1834,^^ relating to suits against townships are not affected by the power given to levy a special tax under the act of March 31, 1864.^^ Mandamus, Continued. 243. It may be granted to compel the supervisors to repair 42 Lehigh Coal and Navigation Company's Appeal, 112 Pa. 360. The same principle in the case of a borough is recognized in Hower's Ap., 127 Pa. 134. 43 Act June 8, 1893, P. L. 345, 2 P. & L. Dig. 2857. This act supplanted the Act of June 14, 1836, P. L. 621, and was subsequently amended, as to its first section by the Act of April 28, 1899, P. L. 884, 4 P. & L. Dig. 1145, and the Act of March 19, 1903, P. L. 32. 44 The latter provision was supplied by the Act of March 19, 1903. Prior to that legislation, the writ of mandamus could not be granted where the chief place of business was not within the county. Whitemarsh Twp. vs. Philadelphia, Germantown and Norristown R. Co., 8 W. & S. 365 ; Com- monwealth vs. Penna. R. R., 11 Montg. Co. 52. 45 Commonwealth vs. Philadelphia, 176 Pa. 588. 46 Commonwealth vs. Colley Township Supervisors, 29 Pa. 121. 47 Commonwealth vs. Thompson, 86 Pa. 442. 48 Act April 15, 1834, P. L. 537, Sec. 5, i P- & L- Dig- 998. 49 Act March 31, 1864, P. L. 162; Marcy Twp. Indebtedness, 9 Kulp 424, 248 LAW OF TOWNSHIPS IN PENNSYLVANIA. the roads.'^^ Or to compel a railroad to construct a highway necessary for public accommodation.^^ Or to compel the wid- ening of a bridge erected by a railroad. ^^ Or to enforce com- pliance with an order for removal issued to the township over- seers.^^ Or to compel the erection of a foot log, where the duty has been ascertained.^^ But it will not be granted to compel the countersigning of bonds by auditors where no such duty is imposed by statute.^^ Nor will it be granted to compel the levying of a tax for the payment of bounties to soldiers, under the Act of April 14, 1864,^^ and the Act of August 22, 1864,^''' since such payment is discretionary.^^ But it will be to compel the levying of a special tax under the Act of March 31, 1864, where the in- aebtedness of the township has been ascertained.^^ In such case the court must first ascertain the necessary facts. ^*^ The order directing the levying of the special tax will not be re- voked after it has been executed, where the objection raised could have been made at the time.^^ Writs of mandamus may be issued to compel the tax collector 50 Commonwealth vs. Doylestown Supervisors, 16 Pa. C. C. 161. 51 Whitemarsh Township vs. Phila., Germantown and Norristown R. Co., 8 W. & S. 365. 52 Commonwealth vs. Penna. R. R., 11 Montg. 52. 53 Porter Township Overseers vs. Jersey Shore Overseers, 82 Pa. 275. 54 Billman vs. Carroll Twp. Supervisors, i Pa. C. C. 129. In Carman vs. Carroll Twp., i D. R. 530, it was said that the remedy in such case was by indictment, since the erection was discretionary with the supervisors. And the same was held in case of a bridge in Commonwealth vs. Killinger, i Pearson 257. 55 Commonwealth vs. Upper Darby Township Auditors, 5 Del. Co. 22. 56 Act April 14, 1864, P. L. 420, Sec. i, i P. & L. Dig. 435. 57 Act August 22, 1864, P. L. 980, Sec. i, i P. & L. Dig. 435. 58 Keasy vs. Bricker, 60 Pa. 9; Jefferson Township School Directors, i Pearson 252. 59 Lehigh Coal and Navigation Co.'s Ap., 112 Pa. 360; Brown vs. Rush Township No. i, 5 D. R. 517, s. c. 18 Pa. C. C. 394 ; Brown vs. Rush Town- ship No. 2, 5 D. R. 518, s. c. 18 Pa. C. C. 397 ; In re Indebtedness of Marcy Township, 10 Kulp 43. 60 Wilkes-Barre Township Indebtedness, 4 Kulp 83. 61 Tax in Cass Twp., 2 Leg. Rec. Report 227. ACTIONS BY AND AGAINST TOWNSHIPS. 249 to collect the taxes.^^- Or to compel the tax collector to pay- over the amount collected to the treasurer.^^ Or to compel the supervisors to pay over money collected to the township treas- urer.^^ Or to compel the proper officers to furnish the dupli- cates to the tax collector/^ Or to compel the county treasurer to pay money in his hands upon a judgment. ^^ Or to pay over liquor license fees.^'^ Or to compel the township treasurer to pay out the moneys received by virtue of a special tax ; but he will not be compelled to pay interest from the date of the de- cree fixing the indebtedness.^^ Or to compel the supervisors to pay for a road scraper. ^^ Or to pay an order drawn upon them by justices of the peace by virtue of a provision of a special Act of Assembly.'''*' But a tax collector will not be directed to pay an order drawn upon the township treasurer, since such is not his duty, though there be no treasurer.'^^ Mandamus, Continued. 244. If the term of office of the person to whom the writ is directed expires before compliance with the order an alias writ should be issued to his successor.'^^ From the decree of the court an appeal may be taken, but only from a final decree.'''^ A taxpayer does not have the right to intervene in such appeal where the mandamus was to compel the levying of a special tax under the Act of March 31, 1864,'''^ since such right is given 62 Somerville vs. Gallaher, 13 Pa. C. C. 666. 63 Commonwealth vs. O'Day, 6 Kulp 167 ; Commonwealth vs. Thomp- son, 2 Foster 394. 64 Commonwealth vs. Norton, 3 Kulp 231. 65 Commonwealth vs. Bitting, 2 Pa. C. C. 298 ; Commonwealth vs. Philadelphia Commissioners, 2 Parsons 220. 66 Commonwealth vs. Thompson, 86 Pa. 442. 67 Kennedy vs. Scranton, 4 Lack. J. 357. 68 Shea vs. Plains Twp., 7 Kulp 554. 69 Scraper Co. vs. Pine Township Supervisors, 4 D. R. 501. 70 Commonwealth vs. Johnson, 2 Binney 275. 71 Hoover vs. Reap, 14 York 62. 72 Bonner vs. Foster Twp., 10 Pa. C. C. 477, s. c. 6 Kulp 328. 73 Supervisors of Saucon Township vs. Broadhead, 9 Atl. 63. 74 Act March 31, 1864, P. L. 162, 2 P. & L. Dig. 4602. 250 LAW OF TOWNSHIPS IN PENNSYLVANIA. under the Act of March 23, 1877/^ only in proceedings in the court of common pleas.'^^ Execution. 245. If a judgment is obtained against the township, the court in which such judgment is obtained, or to which it is re- moved by transcript, may issue a writ commanding the officers to pay the same with the interest and costs out of unappropri- ated moneys, or if there be no such moneys, out of the first money that shall be received for the use of the township. Obedience to the writ may be enforced by the attachment.^ '^ There is no power in a justice of the peace to issue an execu- tion upon the judgment and attach money in the hands of a taxpayer. All proceedings in such case, subsequent to the entry of the original judgment will be set aside. ^^ If a judgment is recovered, the township has no right to a stay of execution.^^ 75 Act March 23, 1877, P- L. 20, i P. & L. Dig. 1000. 76 Lehigh Coal & Navigation Co.'s Appeal, 112 Pa. 360. T] Act April 15, 1834, P. L. 537, Sees. 6, 7, i P. & L. Dig. 998-9. 78 Hilbert vs. North Codorus Twp., 14 York 21. 79 Morgan vs. Moyamensing Township, 2 Miles 397. CHAPTER XXV. NEGLIGENCE. SECTION SECTION 246. Liability of township for neg- 250. Liability where third parties ligence. are negligent. 247. Liability, continued. 251. Evidence of negligence. 248. Guards. 252. Sidewalks. 249. Bridges. 253. Notice. Liability of Townships for Negligence. 246. The township is liable to persons who may suffer from the neglect of the supervisors to keep the roads and bridges in proper condition and repair.^ The negligence for which the township may be responsible to one injured by it, may for con- venience, be divided into three classes : ( i ) Negligence in the prosecution of its own improvements; (2) negligence in not removing or preventing dangers put by nature upon its high- way; and (3) negligence in not removing dangers put thereon by the acts of individuals. The topographical features, population and taxable ability of the township necessarily governs the original construction of the highway.^ Though the road as originally laid out may suffice, yet where the travel greatly increases, the duty of vigi- lance on the part of the township authorities rises with the in- creased travel upon the road.^ Streets and sidewalks in the built-up portions of towns or cities must be kept in a safe condi- tion over their entire width. "But this has never been held to be a rule as regards country roads. They are seldom, if ever, 1 Dean vs. New Milford Twp., 5 W. & S. 545. 2 Perry Twp. vs. John, 79 Pa. 412. 3 Davis vs. Snyder Twp., 196 Pa. 273. 252 LAW OF TOWNSHIPS IN PENNSYLVANIA. kept repaired from side to side. A sufficient portion of the middle only is kept in a smooth condition, and safe and con- venient for travel. The rest is often left dangerous by reason of ditches and obstructions of various kinds." ^ This duty of repairing the highway exists though the road has never been opened by order of court, but has been kept in repair by the supervisors.^ And this is true where the road is not ordinarily used beyond a certain point, but has not been vacated.*^ The duty to repair exists in the case of a road substi- tuted by a railroad company. ''^ And the same is true of a bridge built as a substitute for the road.^ If a part of the highway be taken by the railroad and the remaining portion be- comes dangerous, and is not repaired, the township is liable for the injury resulting.® If the road be occupied, pending a re- location, the municipal authorities must erect barriers to notify others not to use the same, or liability will attach.^^ The right to secure indemnification from the railroad company does not relieve the township of its liability. ^^ The fact that the supervisors are personally liable does not relieve the municipality.^^ Nor is it material that the repairing of the roads has been let by contract as provided by a local Act of Assembly.^ ^ 4 Paxron, J., in Monongahela City vs. Fischer, iii Pa. 13: "If there is a country road in Pennsylvania where a man groping about in the darkness of the night without a stafif or Hght, may not be injured, I do not know of it. There are ditches, bridges, rocks, stumps and other elements of dan- ger outside of the travelled portion. The rule applicable to paved streets in cities has never been applied to country roads, and cannot be without serious injustice to the rural portions of the State." 5 Township of Lower Windsor vs. Gemmill, 16 W. N. C. 265. 6 Bishop vs. Schuylkill Township, 20 W. N. C. 105. 7 Dalton vs. Upper Tyrone Township, 137 Pa. 18. 8 Newlin Twp. vs. Davis, 77 Pa. 317. 9 Aston Township vs. McClure, 102 Pa. 322. 10 Snyder vs. Penn Twp., 14 Pa. Sup. 145. 11 Aston Twp. vs. Chester Creek R. R. Co., 2 Del. Co. 9. 12 Dean vs. New Milford Township, 5 W. & S. 545. 13 Mahanoy Twp. vs. Scholly, 84 Pa. 136; Munnell vs. Peters & N. S. Twps., 22 P. L. J., O. S. 78. NEGLIGENCE. 253 Liability. — Continued. 247. The township is not an insurer against latent defects, but the supervisors are bound to make a reasonable inspection to discover such.^^ Thus where the injury occurs from the na- tural decay of a bridge, no reasonable effort having been made to discover the same, the township is liable.^ ^ A recovery may be had where the injury occurred from the falling into a hole excavated by miners and not guarded against.^ ^ Or where the injury occurred by reason of a hole in a bridge.^ ''^ Or where the approach to the bridge is filled with loose dirt so as to cause injury when stepped upon by a horse. ^* The obstruction of a stream, not merely the result of an error of judgment, raises liability.^ ^ And the same is true where the injury results from the negligent allowance of a snow drift upon the highway.^" But no recovery can be had where reasonable diligence in re- moving the snow has been used.^^ Injury resulting from neg- ligent permissive accumulation of ice may be recovered for from the municipality.^^ So it is negligent to permit a rut on a hillside which causes the overturning of a wagon.^^ But though a wagon is found with the wheels in a rut, no re- covery can be had for the death of the driver, when it does not appear how the accident occurred, and the evidence shows the road to have been freely traveled with no other injury re- sulting.^^ Liability may exist where the injury resulted from a mud hole, but it must appear that such was the proximate cause of the loss. So if the harm comes from the choking of 14 Rapho Twp. vs. Moore, 68 Pa. 404. 15 Whitmire vs. Muncy Creek Twp., 17 Pa. Sup. 399; Rapho Twp. vs. Moore, 68 Pa. 404. 16 Lower Macungie Twp. vs. Merkhoffer, 71 Pa. 276. 17 Heisey vs. Rapho Twp., 181 Pa. 561. 18 Hager vs. Wharton Twp., 200 Pa. 281. 19 Shieb vs. Collier Twp., il Atl. 366. 20 Wright vs. Lehman Twp., 19 Pa. Sup. 653. 21 Lynn vs. Ralpho Twp., 186 Pa. 420. 22 Fry vs. Perkiomen Twp., i Montg. Co. 31. 23 Sutter vs. Young Twp., 130 Pa. 72. 24 Stringert vs. Ross Township, 179, Pa. 614. 254 LAW OF TOWNSHIPS IN PENNSYLVANIA. a horse in pulling a wagon from such a hole, no recovery can be had.^^ For the same reason no recovery can be had where a wagon was dragged into a hole, the horse having taken fright at an outside object.^® Though the road be in a bad condition, if such is the result of the weather and nature of the soil, and is not due to the failure to make repairs, no recovery can be had.^^ The negli- gent permitting of a stone heap to remain in the highway, caus- ing an accident, gives a right of action, but if such was not the proximate cause of the loss, the contrary is true.^^ Or where a tree though standing in the highway is not the cause of the damage.^^ A failure to provide a passage of sufficient width at a curve upon a hill is evidence of neglect.^*^ The municipality is bound to foresee that the ordinary horse may be frightened. ^^ But it is not bound to provide a road for exceptionally vicious animals.^^ The highway must be kept in such repair that skittish animals can be used.^^ In Trexler vs. Greenwich Township,^^ it is stated that the rule that the highway must be kept in such repairs that skittish animals can be employed without risk is to be qualified. "The duty is to make provision against such dangers as are probable in the use of ordinarily manageable horses and not in the use of untrained and uncontrollable horses. This duty is per- formed when the roads are maintained in a reasonably safe condition for the ordinary public travel." 25 Chartiers Twp. vs. Phillips, 122 Pa. 601. 26 Schaeffer vs. Jackson Twp., 150 Pa. 145. 27 Brendlinger vs. New Hanover Twp., 148 Pa. 93. 28 Jackson Twp. vs. Wagner, 127 Pa. 184. 29 Worrilow vs. Upper Chichester Twp., 149, Pa. 40. 30 Menges vs. Muncy Creek Twp., i Penny 179. 31 Boone vs. East Norwegian Twp., 192 Pa. 206; Yoders vs. Amwell Twp., 172 Pa. 447. 32 Bitting vs. Maxatawny Twp., 177 Pa. 213. 33 Lower Macungie Twp. vs. Merkhoffer, 71 Pa. 276 ;Dixon vs. Butler Twp., 4 Pa. Sup. 333. 34 Trexler vs. Greenwich Twp., 168 Pa. 214. NEGLIGENCE. 255 Guards. 248. If a public road through a township is so dangerous, by reason of the proximity to a precipice, that common pru- dence requires precaution in order to secure safety to travelers, the township is bound to use such precaution, and the omis- sion to do so is negligence. It is immaterial that the township is not given the power to tax itself for road purposes beyond one per cent, on the county valuation. ^^ And barriers must be erected to protect the public from defects resulting from the repairs of the road.^^ It must protect the highway from a canal.^'^ And from a railroad. ^^ And shut off an un- safe and dangerous road, taken by a railroad company under legal authority, pending relocation."'-^ It is no excuse for the failure to erect barriers that such action would interfere with a log-way used by the public.^*^ Though guards have been erected, the duty of the municipality is not performed, unless the same are kept in repair."*^ Whether the township has been negligent in failing to erect such barriers is a question of fact for the jury.^^ And if a sufficiently wide and level road is pro- vided, a recovery cannot be had for the injury sustained from the falling over the bank, though the presence of a guard at such a point might have reduced the amount of injury.^^ If the municipality is negligent in failing to provide the proper barriers a recovery can be had, though the injury was caused by the combined negligence of the township and of a third person. So where a horse, frightened by a steam thresher, standing by the road, jumps over an unguarded de- 35 Scott Twp. vs. Montgomery, 95 Pa. 444. 36 Millcreek Twp. vs. Perry, 20 W. N. C. 359. 37 Lower Windsor Twp. vs. Gemmill, 16 W. N. C. 265. 38 Ewing vs. North Versailles, 146 Pa. 309. 39 Snyder vs. Penn Twp., 14 Pa. Sup. 145. 40 Kelley vs. Mayberry Twp., 154 Pa. 440. 41 Aston Twp. vs. McClure, 102 Pa. 322. 42 Glaub vs. Goshen Township, 7 Kulp 292. 43 Heister vs. Fawn Twp., 189 Pa. 253; Bishop vs. Schuylkill Twp., 20 W. N. C. 105. 256 LAW OF TOWNSHIPS IN PENNSYLVANIA. clivity, a recovery may be had.^^ Or where the horse shied at a sewer pipe placed by a contractor at the side of a road, and as a result backed the team over the unguarded embankment.^^ But it must appear that the negligence was the proximate cause of the injury, as it does where the fright of the horse was caused by a splash in the stream at the base of the declivity, causing its fright and the consequent backing over the bank.^^ But if the fright was the result of the breaking of the wagon, the cause is too remote.^'^ So it must appear that the plaintiff was free from contributory negligence. Thus the plaintiff could not recover where a horse, which he was leading by a strap around his body, fell over the bank, pulling him from his buggy, and causing the injury.^^ On the same principle, the plaintiff, found by the jury to be intoxicated at the time of the accident cannot recover.^^ But it is not negligence per se to drive on a road known to be unguarded. ^*^ The municipality is also under the obligation to guard the public road from mine holes.^^ But no recovery could be had in such case where the road was of sufficient width, and the hole was not in the traveled way.^^ And it is for the jury to say whether the plaintiff was guilty of contributory negligence, where the plaintiff fell into a mine hole which was unguarded, but not in the traveled portion of the road, while he was walk- ing in the dark without a lamp.^^ But it is no defense to the township that the accident might have been avoided at the place in question by careful driving, since the road must be kept in 44 Burrell Twp. vs. Uncapher, 117 Pa. 353. 45 Davis vs. Snyder Twp., 196 Pa. 273. 46 Closser vs. Washington Twp., 11 Pa. Sup. 112. 47 Card vs. Columbia Twp., 191 Pa. 254. 48 Bailey vs. Brown Twp., 190 Pa. 530. 49 Hershey vs. Commissioners of Mill Creek Twp., 9 Atl. 452. 50 Wilson vs. O'Hara Twp., 14 Pa. Sup. 258. 51 Hogan vs. West Mahanoy Twp., 174 Pa. 352; Ammerman vs. Coal Twp., 187 Pa. 326; Lower Macungie Twp. vs. Merkhoffer, 71 Pa. 276. 52 Ammerman vs. Coal Twp., 187 Pa. 326. 53 Hogan vs. West Mahanoy Twp., 174 Pa. 352. NEGLIGENCE. 257 such repair that skittish animals may be employed without risk or danger on it, by reason of the condition of the road.^^ A municipality must also protect by a guard an embankment erected in the construction of a culvert under the highway.^^ Bridges. 249. The township is liable for injuries resulting from the negligent construction or care of the township bridges, unless that duty has been shifted by the Act of April 13, 1843, to the county. Where that legislation applies the latter must re- pair the bridge, as well as the approaches. And the fact that the supervisors of the township have made certain repairs is immaterial.^® Where a joint township bridge has been erected, and it has been agreed that each municipality shall maintain a certain portion of it, each will be liable for injuries resulting from negligence in the care of the part belonging to it.^^ In the construction of a bridge by the township, and the care of it, its length, width, the nature of the approaches, the amount of the travel, and all of the surrounding circumstances must be considered. ^^ The approaches to the bridge must be kept in a reasonably safe condition. So where a horse was injured by stepping into a depression at the end of the bridge, filled with loose dirt, and is thus injured, a recovery can be had.^^ Where the circumstances require the erection of a guard rail in order to make the bridge reasonably safe, the supervisors must erect it, or the township will be responsible for the injuries result- ing from their negligence.*^^ Whether or not the failure to erect the barrier is negligence, is a question of fact for the jury.®^ And the same duty exists in the case of the abutments 54 Lower Macungie Twp. vs. Merkhoffer, 71 Pa. 276. 55 Hitchcock vs. Amity Twp., 200 Pa. 247. 56 Francis vs. Franklin Twp., 179 Pa. 195. 57 Sheridan vs. Palmyra Township, 180 Pa. 439. 58 Finnegan vs. Foster Twp., 163 Pa. 135. 59 Hager vs. Wharton Twp., 200 Pa. 281. 60 Finnegan vs. Foster Twp., 163 Pa. 135. 61 Mechesney vs. Unity Twp., 164 Pa. 358; Worley vs. Dover Twp, 7 York 160. 258 LAW OF TOWNSHIPS IN PENNSYLVANIA. to the bridge.^^ Since the fright of a horse is an ordinary circumstance, which is to be foreseen, a recovery may be had where the bridge has been negligently left unguarded and an accident from such cause follows."'^ Or where the horse backs from the bridge.^^ The floor of the bridge must also be kept in reasonably safe condition, and it is for the jury to say whether the leaving of the planks unspiked is negligence. ^^ And a recovery may be had where the horse is injured by reason of a depression at the edge of the bridge, not properly protected.''^ Or where the planks have become warped or dangerous.*'' Though the township is not liable, where the injury results from latent defects, yet it is reasonable to expect that timbers will decay, and a proper examination to determine this fact must be made in order to relieve the municipality where an accident re- sults. ^^ Where the bridge is closed for repairs, the party who tests the safety of it by crossing, or who drives through the stream, no road having been opened at such place by the township, cannot recover, he being guilty of contributory neg- ligence.®^ Liability Where Third Parties Are Negligent. 250. Acts of individuals may put the highway into a condi- tion of perilousness, and after notice, express or constructive, the municipality must correct this condition within a reason- able times. Thus, if the accident occurred by striking an ash 62 Dalton vs. Upper Tyrone Twp., 137 Pa. 18; Corbalis vs. Newberry Twp., 132 Pa. 9. 6:i Boone vs. East Norwegian Twp., 192 Pa. 206; Wilson vs. O'Hara Twp., 14 Pa. Sup. 258 ; Worley vs. Dover Twp., 7 York 160. 64 Yoders vs. Amwell Twp., 172 Pa. 447; Cage vs. Franklin Twp., 11 Pa. Sup. 533. 65 Zimmerman vs. Conemaugh Twp., 2 Cent. 361, s. c. 5 Atl. 45. 66 Hager vs. Wharton Twp., 200 Pa. 281. 67 Kingston Twp. vs. Gibbons, 18 W. N. C. 334, s. c. 6 Atl. 115. 68 Rapho Twp. vs. Moore, 68 Pa. 404 ; Ford vs. Roulet Twp., 9 Pa. Sup 643. 69 Crescent Twp. vs. Anderson, 114 Pa. 643. NEGLIGENCE. 259 heap negligently left upon the highway, recovery may be had.'^^ Or where a contractor under the direction of a supervisor placed materials upon the road J ^ Or a recovery may be had where the horse shied at a sewerpipe placed by the side of the road, as a result of which injury occurred,'^^ Or under similar circumstances, where the obstruction was a pile of lumber.'^® Or 3) boiler left upon an untraveled part of the roadJ^ Or a steam thresher."^^ Or a derrick operated in a quarry by the side of the road/® But no recovery can be had where there was no actual or constructive notice to the township.'^ "^ Nor will the township be liable for an injury resulting to the owner of a horse who alighted from his buggy because of the fear that a log might jump from a log slide erected on adjoining land, and who would not have been injured had he remained in the vehicle. There is no power in such case vested in the super- visors to destroy, remove or prevent the use of such structure erected for the prosecution of legitimate business. '^^ It is the duty of the township to prevent the use of a road taken by a railroad pending re-location, by the erection of a barrier, and if it fails to do so, and injury occurs, a recovery may be had.^^ So it is bound to protect frightened horses from a railroad par- allel with the highway.^^ But it is error to leave to the jury the question of negligence of the township based upon the assumption that a grade crossing was dangerous, and that the 70 West Mahanoy Twp. vs. Watson, 116 Pa. 344; West Mahanoy vs. Watson, 112 Pa. 574. 71 Hedricks vs. Schuylkill Twp., 16 Pa. Sup. 508. 72 Davis vs. Snyder Twp., 196 Pa. 273. 73 North Manheim Twp. vs. Arnold, 119 Pa. 380. 74 Ide vs. Lake Twp., 191 Pa. 182. 75 Burrell Twp. vs. Uncapher, 117 Pa. 353. 76 Kitchen vs. Union Twp., 171 Pa. 145. 77 Allen vs. East Buffalo Twp., 22 Pa. C. C, 346. Here the abutting owner failed for six days to fill in an excavation made for a gas pipe. 78 Haines vs. Barclay Twp., 181 Pa. 521. 79 Snyder vs. Penn Township, 14 Pa. Sup. 145. 80 Plymouth Twp. vs. Graver, 125 Pa. 24. 17 26o LAW OF TOWNSHIPS IN PENNSYLVANIA. municipality is by law required to provide means of wholly avoiding such danger.^^ Evidence of Negligence. 251. The burden is upon the plaintiff to prove the negligence of the defendant. If there be no evidence of a defect, or that such caused the injury, no recovery can be had.^^ The negli- gence on the part of the municipality in failing to keep its high- way in repair may be shown by circumstantial evidence.^ ^ It is proper to show by plans or photographs the condition of the highway.^'* Though the photographs have been taken after changes have been made in the road.^^ Before such are ad- mitted in evidence preliminary proof as to the care in the tak- ing of them should be offered. ®® Where plans or photographs are in evidence, it is error to permit witnesses to give their opinion as to the safety of the road.^''^ Subsequent alterations made by the township after the accident may be proven.^* But such repairs must not be too remote in time, or they cannot be shown. Thus it is too late to prove a change made a month after the accident.^^ The proof should conform to the allega- tion made in the statement, but the variance was not fatal, where the accident was alleged to have occurred upon a road leading from E to M, the proof showing that it did not occur between those points, it appearing that the defendant was not misled.^" 81 Dixon vs. Township of Butler, 4 Pa. Sup. 333. 82 Tompsett vs. Glade Twp., 198 Pa. 376; Stringert vs. Ross Township, 179 Pa. 614; Ohl vs. Bethlehem Twp. No. i, 199 Pa. 588; Ohl vs. Bethle- hem Twp. No. 2, 199 Pa. 590. 83 Rockefeller Twp. vs. Rhodes, 4 Walker 410. 84 Closser vs. Washington Twp., 11 Pa. Sup. 112. 85 Beardslee vs. Columbia Twp., 188 Pa. 40. 86 Beardslee vs. Columbia Twp., 188 Pa. 496. 87 Beardslee vs. Columbia Twp., 188 Pa. 496; Closser vs. Washington Twp., II Pa. Sup. 112; Platz vs. McKean Township, 178 Pa. 601. 88 Card vs. Columbia Twp., 191 Pa. 254. 89 Hager vs. Wharton Twp., 200 Pa. 281. 90 Platz vs. McKean Twp., 178 Pa. 601. NEGLIGENCE. 26 1 Sidewalks. 252. Since there is no statutory obligation upon the town- ship to build sidewalks, or to keep the same in repair, no liability attaches for injury resulting from their use. Even though a local Act of Assembly provides for the construction of such, the cost to be deducted from the road taxes, a recovery cannot be had from the municipality. This is true though the work is done by a supervisor, for in so acting he is merely the agent of the owner of the land.^^ Even if any liability existed, no re- covery could be had where the plaintiff cannot show that the injury was occasioned by reason of the defect.^^ A turnpike company which permits a sidewalk in the township to be built along its roadway must keep the same in reasonable repair or remove it. If it fails a recovery may be had against it.^^ Notice. 253. The township is liable for obstructions placed upon the highway by others, if it has actual notice or constructive no- tice. Information obtained by the supervisor is notice to the township, since he is an officer or agent of it charged with the care of its highways.^^ This notice may be shown by proving that similar obstructions had been placed there before.^^ Or that the actual impediment was known of for a reasonable period.^^ If the defect could have been discovered by the use of reasonable diligence, it will be imputed to the township. Thus, it is reasonable to expect that the timber of a bridge will decay, and a proper examination must be made to detect this fact.®^ 91 Langdon vs. Chartiers Township, 131 Pa. yy; Chartiers Township vs. Langdon, 114 Pa. 541. Note: — For sidewalks in townships of the first class, see the Acts of April 28, 1899, P. L. 104, Sees. 7, 12, 4 P. & L. Dig. 917. 923, and April 23, 1903, P. L. 265. 92 Tompsett vs. Glade Twp., 198 Pa. 376. 93 Chartiers & R. Turnpike Road Co. vs. Nester, 7 Atl. 162. 94 Platz vs. McKean Township, 178 Pa. 601. 95 North Manheim Township vs. Arnold, 119 Pa. 380. 96 Ide vs. Lake Twp., 191 Pa. 182; Heisey vs. Rapho Twp., 181 Pa. 561. 97 Rapho Twp. vs. Moore, 68 Pa. 404; Ford vs. Roulet Twp., 9 Pa. Sup. 643; Whitmire vs. Muncy Creek Twp., 17 Pa. Sup. 399; Smith vs. Muncy Creek Twp., 206 Pa. 7. 262 LAW OF TOWNSHIPS IN PENNSYLVANIA. But the defect must have existed for a sufficient length of time so that by the exercise of reasonable care and diligence the supervisors could have learned of it. Thus constructive notice will not be presumed where there has been a failure to close a ditch made by the owner of an abutting property six days be- fore the accident occurred.®^ 98 Allen vs. East Buffalo Twp., 22 Pa. C. C. 346. CHAPTER XXVI. NEGLIGENCE. CONTINUED. SECTION SECTION 254. Injury the natural conse- 258. Jurisdiction of actions for quence. negligence. 255. Contributory negligence. 259. Parties to actions. 256. Contributory negligence, con- 260. Damages. tinued. 261. Functions of court and jury. 257. Imputation of contributory negligence. Injury the Natural Consequence. 254. The negligence of the township in respect to the high- way or otherwise, is not a ground of liability for damages until injury arises to someone, nor unless this injury is caused by the negligence. To determine whether the negligent act was the proximate cause of the injury, the rule is that the injury must have been the natural and probable consequence of the negli- gence; such a consequence as under the circumstances of the case, might and ought to have been foreseen by the defendant as likely to flow from his act.^ Thus the fact that an accident happens near a large tree, improperly allowed to stand in the road, or near a deep mud hole, but to which neither tree nor mud hole in any manner contributed, will not make the town- ship liable.^ And no liability will attach to the township where by reason of the breaking of the wagon the horse ran away and overturned it upon a stone heap.^ Or threw the traveler over an unguarded embankment.^ Or fell into an unguarded 1 West Mahanoy Twp. vs. Watson, 116 Pa. 344. 2 Chartiers Twp. vs. Phillips, 122 Pa. 601. 3 Jackson Twp. vs. Wagner, 127 Pa. 184. 4 Card vs. Columbia Twp., 191 Pa. 254. 263 264 LAW OF TOWNSHIPS IN PENNSYLVANIA. quarry pit.^ And the failure to guard an embankment, over which the plaintiff is thrown, is not the proximate cause of the injury where the plaintiff was pulled from his carriage by a horse which he was leading by a strap.^ Or where the injury occurred because of imperfection in the harness, causing the choking of the horse in the pulling of the load through a mud holeJ Nor is there any liability where the injury is the re- sult of an extraordinary accident.^ Or where a horse is killed by reason of running upon a railroad track unguarded by bar- riers, as the result of the overturning of a sleigh.^ The munici- pality is bound to foresee that the fright of horses is an ordi- nary circumstance, and where injury occurs by reason of the backing of the horse from an unguarded bridge a recovery can be had.^^ But where the fright is the result of an outside cause, which could not have been foreseen, such as scaring at cattle, no recovery can be had.^^ And though the tendency to take fright is common, such is not true of balking or backing, and where the horse does back across a space of seventy feet, and over an unguarded wall of a bridge, no recovery can be had.^^ But the injury resulting from the backing over an un- guarded embankment may be recovered for, though the fright was caused by a splash in the stream at the bottom of the bank.i3 5 Habecker vs. Lancaster Twp., 9 Pa. Sup. 553. 6 Bailey vs. Brown Twp., 190 Pa. 530. 7 Chartiers Twp. vs. Phillips, 122 Pa. 601. 8 Bishop vs. Schuylkill Twp., 20 W. N. C. 105; Dixon vs. Butler Twp, 4 Pa. Sup. 333. 9 West Mahanoy Twp. vs. Watson, 116 Pa. 344; West Mahanoy Twp. vs. Watson, 112 Pa. 574. 10 Yoders vs. Amwell Twp., 172 Pa. 447; Boone vs. East Norwegian Twp., 192 Pa. 206. 11 Worrilow vs. Upper Chichester Twp., 149 Pa. 40; Heister vs. Fawn Twp., 189 Pa. 253 ; Schaeffer vs. Jackson Twp., 150 Pa. 145. 12 Cage vs. Franklin Twp., 11 Pa. Sup. 533. 13 Closser vs. Washington Twp., 11 Pa. Sup. 112. NEGLIGENCE. 265 Contributory Negligence. 255. It is a general principle that there can be no recovery of damages by one who has suffered a hurt from negligence of an- other, whether it be an individual or a corporation, a munici- pality or municipal corporation, if the plaintiff has by his own negligence contributed to the hurt ; that is, if the hurt would not have occurred, although the defendant was negligent, but for the concurrent negligence of the plaintiff.^* And this con- tributory negligence relieves from liability though the de- fendant was also negligent.^^ It is not the degree of negli- gence, but its presence, which cuts off the right to recover.^® The plaintiff is not required to disprove contributory negli- gence, but only to make out a case clear of it. Unless there- fore his negligence appear affirmatively, he is entitled to go to the jury on the general presumption against it.^'^ Where the facts are uncontested, or the inference of negligence is the only one which can be drawn, the court must pronounce the result as a matter of law. But where the facts are in dispute, or the in- ferences to be drawn from them are open to debate, the ques- tion is for the jury.^^ And in considering the question the plaintiff is entitled to every right inference of fact that the jury might draw from the evidence, and every relevant fact which the testimony tends to establish is to be treated as ad- mitted by the defendant in determining whether a compulsory non-suit should be entered. If the plaintiff's testimony tends to make out a prima facie case, it is error to enter such judg- ment.^® 14 Brendlinger vs. Twp. of New Hanover, 148 Pa. 93 ; Fry vs. Perkio- men Twp., i Montg. 31. 15 Chartiers Twp. vs. Phillips, 122 Pa. 601. 16 Walters vs. Wayne Twp., 16 Pa. C. C. 613. 17 Allen vs. Warwick Twp., 9 Pa. Sup. 507 ; Worrilow vs. Upper Chi- chester Twp., 149 Pa. 40. 18 Allen vs. Warwick Twp., 9 Pa. Sup. 507; Mechesney vs. Unity Twp., 164 Pa. 358; Hill vs. Tionesta Twp., 146 Pa. 11. 19 Corbalis vs. Twp. of Newberry, 132 Pa 266 LAW OF TOWNSHIPS IN PENNSYLVANIA. Contributoiy Negligence, Continued. 256. It is not contributory negligence to use upon the high- ways skittish horses.^^ But there is no duty on the part of the township to provide for vicious or untrained animals, and it is contributory negligence to use such.-^ If the danger was known by the plaintiff, and was voluntarily tested by him, no recovery can be had.^^ But mere knowledge of the defect will not necessarily defeat a recovery where the plaintiff took proper care and used due caution.^^ If the plaintiff could have traveled by a safer road and voluntarily chose the more dan- gerous, he is guilty of contributory negligence.^* But if the evidence is conflicting as to which of the highways is safer, the question is for the jury.^^ So the plaintiff cannot re- cover, if he could have avoided the danger by passing on the opposite side of the road.^'^ But even in such case, the ques- tion is for the jury, where the plaintiff uses due caution in passing the obstruction.^"^ So if the road is known to be dan- gerous, and that danger is voluntarily tested, no recovery can be had.^^ But the knowledge of the husband cannot be imputed to his wife.^^ Though the defect was known, the township is liable, unless the danger of passing was so apparent, that in the use of ordinary care it ought not to have been undertaken.^^ 20 Lower Macungie Twp. vs. Merkhoffer, 71 Pa. 276; Dixon vs. Butler Twp., 4 Pa. Sup. 333. 21 Trexler vs. Greenwich Twp., 168 Pa. 214; Bitting vs. Maxatawny Twp., 177 Pa. 213. 22 Winner vs. Oakland Twp., 158 Pa. 405. 23 Millcreek Twp. vs. Perry, 20 W. N. C. 359; Wilson vs. O'Hara Twp., 14 Pa. Sup. 258. 24 Forks Twp. vs. King, 84 Pa. 230; Hill vs. Tionesta Twp., 146 Pa. li ; Glaub vs. Goshen Twp., 7 Kulp 292. 25 Ide vs. Lake Twp., 191 Pa. 182; Mechesney vs. Unity Twp., 164 Pa. 358. 26 Brendlinger vs. New Hanover Twp., 148 Pa. 93. 27 Wright vs. Lehman Twp., 19 Pa. Sup. 653. 28 Winner vs. Oakland Twp., 158 Pa. 405 ; Walters vs. Wayne Twp., 16 Pa. C. C. 613 ; Snyder vs. Penn Twp., 14 Pa. Sup. 145. 29 Allen vs. Warwick Twp., 9 Pa. Sup. 507. 30 Stokes vs. Ralpho Twp., 187 Pa. 333. NEGLIGENCE, 267 If the general public continues to use the road or bridge, though known to be unsafe, and reasonable care is exercised, no dis- tinct notice not to use the same having been given, the munici- pality is liable.^^ It is for the jury to say whether the use of a blind horse, which drew the carriage against a tree, is con- tributory negligence.^^ Or whether it is such to walk upon the highway without a light.^^ Or to drive upon the highway with- out a light.^^ Or whether proper care was used in approaching another team which the plaintiff saw.^° Or in using a steam en- gine upon a bridge. ^^ Or in driving a traction engine across a bridge.^^ Or whether the driving in broad daylight over a bank is such.^^ Or the driving a blind horse across a bridge, in the floor of which was a hole.^^ Or whether proper caution was taken in passing a bridge in which there was a hole, which the plaintiff had no- ticed upon a previous trip had been covered by a board.*" Or whether due caution was used in crossing the plank, covering a culvert, with which the plaintiff was familiar.*^ It is contributory negligence to gallop a horse across a bridge.'*^ So it is contributory negligence to drive off the road upon an intervening space, between it and a railroad, in which there is a pit.*^ Or to walk upon the side rather than 31 Sheridan vs. Palmyra Twp., 180 Pa. 439; Humphreys vs. Armstrong Co., 56 Pa. 204. 32 Long vs. Milford Twp., 137 Pa. 122. 33 Hogan vs. West Mahanoy Twp., 174 Pa. 352. 34 Conrad vs. Upper Augusta Twp., 200 Pa. 337; Bitting vs. Maxataw- ny Twp., 180 Pa. 357. 35 Perry Twp. vs. John, 79 Pa. 412. 36 McCormick vs. Washington Twp., 112 Pa. 185; Whitmire vs. Muncy Creek Twp., 17 Pa. Sup. 399 ; Smith vs. Muncy Creek Twp., 206 Pa. 7. 37 Coulter vs. Pine Twp., 164 Pa. 543. 38 Hitchcock vs. Amity Twp., 200 Pa. 247. 39 Heisey vs. Rapho Twp., 181 Pa. 561. 40 Smith vs. Jackson Twp., 20 Pa. Sup. 337. 41 Kingston Twp. vs. Gibbons, 18 W. N. C, 334, s. c. 6 Atl. 115. 42 Zimmerman vs. Conemaugh Twp., 5 Atl. 45, s. c. 2 Cent. 361 ; Mc- Cormick vs. Washington Twp., 112 Pa. 185. 43 Ammerman vs. Coal Twp., 187 Pa. 326. 268 LAW OF TOWNSHIPS IN PENNSYLVANIA. the middle of the road.^'* Or to permit a bicycle to strike the guard log- of a bridge upon which there is no guard rail.^^ Or to allow the horse to travel at will.*^ To ride on the top of milk cans is not negligence per se, but greater caution must be taken, and the question is for the jury to pass upon.^'' Or to drive on a road known to be unguarded.^^ It may be contributory negligence on the part of the plaintiff to travel at night, when he knows of the great danger and the trip could have been made as well upon the following day.^® But it is error for the court to suggest to the jury that the plaintiff might have been guilty of contributory negligence in joining a sleighing party upon the night in question.^^ Where the plaintiff has been placed in a sudden danger by the act of another, he is not to be held responsible for an error of judg- ment in attempting to extricate himself. Whether he acted as would a reasonably prudent man, is for the jury.^^ Imputation of Contributory Negligence. 257. When the plaintiff sues for an injury to another hold- ing some special relation to him, such as wife or child, the negligence of the person injured, if it contfibuted to the hurt will prevent recovery. Thus the negligence of a husband killed by an accident will prevent the wife recovering.^^ So if the vehicle was driven by an agent, who is guilty of contributory negligence, no recovery can be had.^^ Or by one to whom the horse has been lent.^^ But the knowledge of a defect by a 44 Siegler vs. Mellinger, 203 Pa. 256. 45 Beer vs. Clarion Twp., 17 Pa. Sup. 537. 46 Mueller vs. Ross Twp., 152 Pa. 399; Hartman vs. Hellam Twp., 4 York 23. 47 Smith vs. Jackson Twp., 20 Pa. Sup. 337. 48 Wilson vs. O'Hara Twp., 14 Pa. Sup. 258. 49 Bailey vs. Brown Twp., 190 Pa. 530. 50 Templeton vs. Warriorsmark Twp., 200 Pa. 165. 51 Sprowls vs. Morris Twp., 179 Pa. 219. 52 Lancaster vs. Kissinger, 11 W. N. C. 151. 53 Brendlinger vs. New Hanover Twp., 148 Pa. 93. 54 Forks Twp. vs. King, 84 Pa. 230. NEGLIGENCE. 269 husband is not imputed to the wife so as to charge her with 11.°^ One driving with another is not precluded from recover- ing because of the contributory neghgence of his companion.^''' But if the plaintiff knew of the danger, and nevertheless per- sisted in testing it, such negligence will be imputed.^^ Jurisdiction of Actions for Negligence. 258. Prior to the Act of 1887 it was proper to maintain ac- tion on the case to recover damages for the injury sustained by reason of the negligence of the supervisors.^^ Now the ac- tion of trespass will be proper. A justice of the peace has no jurisdiction in an action to recover for the negligence of the officers in failing to keep a highway in repair, and this defect may be taken advantage of in the appellate court after the trial of an appeal in the court of common pleas, where the question of jurisdiction was not raised.^® Parties to Actions, 259. The owner of the property injured by the negligence of the township can maintain an action against it. If the injuries are of the person and not of property, he who suffers those injuries has the right of action. In such cases it is not necessary that a demand be first made upon the township.^" The action may be brought by the widow of the individual killed.®^ Or an action may be maintained in the name of the husband for the use of his wife, where the injury was to her.^^ Or the suit may be instituted by minor children through their 55 Allen vs. Warwick Twp., 9 Pa. Sup. 507. 56 Finnegan vs. Foster Twp., 163 Pa. 135. 57 Crescent Twp. vs. Anderson, 114 Pa. 643; Winner vs. Oakland, 158 Pa. 405. 58 Dean vs. New Milford Twp., 5 W. & S. 545. 59 Hill vs. Tionesta Twp., 129 Pa. 525. 60 Rockefeller Twp. vs. Rhodes, 4 Walker 410. 61 Worley vs. Dover Twp., 7 York 160; Ammerman vs. Coal Twp., 187 Pa. 326. 62 Burrell Twp. vs. Uncapher, 117 Pa. 353 ; Kelly vs. Mayberry Twp., 154 Pa. 440. 270 LAW OF TOWNSHIPS IN PENNSYLVANIA. guardian.*^ The action may be brought against the township, or if the obligation does not rest upon it but upon the county, then the latter is the proper defendant.^^ The supervisors are individually responsible, but this fact does not relieve the town- ship from liability.^^ The township may in any case secure indemnity from the third party causing the injury.*'^ A joint action against the township and a street railway company to re- cover damages for personal injuries resulting from the bad condition of the road and the tracks, cannot be maintained where it does not appear that there was any concert of action between the two defendants. In such case the proceeding will be re- versed with a venire, so that the plaintiff may elect whom to follow.^^ Damages. 260. In estimating the damages it is proper to allow for the direct expenses incurred by the plaintiff by reason of the in- jury, for the privation and inconvenience he is subjected to, for the pain and suffering he has already endured bodily and mentally, and which he is likely to experience, as well as the pecuniary loss he has sustained and is likely to sustain during the remainder of his life from his disabled condition.®^ The plaintiff is also entitled to recover for the injury to his per- sonal property, such as his horse and wagon.^^ In an action by the husband for injury to his wife, he is entitled to recover money expended, or which he has become liable to pay, for the medical care and attention bestowed upon his wife during her illness, and for the loss of her services while unable to attend to 63 Bailey vs. Brown Twp., 190 Pa. 530. 64 Francis vs. Franklin Twp., 179 Pa. 195. 65 Rockefeller Twp. vs. Rhodes, 4 Walker 410; North Manheim Tvrp. vs. Arnold, 119 Pa. 380. 66 Aston Twp. vs. Chester Creek R. R. Co., 2 Del. Co. 9. 67 Goodman vs. Coal Twp., 206 Pa. 621. 68 Scott Twp. vs. Montgomery, 95 Pa. 444, 69 Glaub vs. Goshen Twp., 7 Kulp 292. NEGLIGENCE. 2/1 her domestic duties. And in such case the term services implies whatever of aid, assistance, comfort and society the wife would be expected to render to or bestow upon her husband under the circumstances and in the condition in which they may be placed, and it is immaterial that services in the ordinary sense were not rendered at a.W^ Where death has resulted, and insurance has been paid upon the life of the deceased, no right exists on the part of the township to set off this sum.'^^ But in order to prove the value of the decedent's life to his family, it is proper for the jury to consider the probable care which he would have taken for its preservation, and may offer his declaration to show that he was tired of life, and that he had been a failure as well as his family.'^^ Where a verdict has been rendered it will not be set aside because all of the elements of damages were not mentioned to the jury by the court, where no request had been made by him for such instructions.*^^ And if the charge as to the measure of damages has been proper the appellate court will not reverse because of failure to exclude certain evidence, which could not have injured the defendant.^* If the verdict rendered by the jury is excessive, a new trial may be granted, or ordered, unless there shall be a remission of the claim to such sum as the court believes proper.*^ ^ Functions of Court and Jury. 261. Where the facts are undisputed, and the inferences to be drawn are uncontested, the court must determine as a mat- ter of law whether or not a recovery can be had.'^^ But the extent of the injury and the negligence of the defendant is a 70 Platz vs. McKean Twp., 178 Pa. 601; Kelley vs. Mayberry Twp., 154 Pa. 440. 71 Coulter vs. Pine Twp., 164 Pa. 543. 72 Disbrow vs. Ulster Twp., 8 Atl. 912. 73 Menges vs. Muncy Creek Twp., i Penny. 179. 74 Qosser vs. Washington Twp., 11 Pa. Sup. 112. 75 Gibbons vs. Kingston Twp., 10 Kulp 25. 76 Allen vs. Twp. of Warwick, 9 Pa. Sup. 507. 2^2 LAW OF TOWNSHIPS IN PENNSYLVANIA. question for the jury.'^''' Where the evidence of the plaintiff shows that there is no negHgence, or that he was guilty of contributory negligence, it is proper for the court to enter a compulsory non-suit; or binding instructions may be given, where the facts are uncontested, as well as the inference to be drawn. "^^ But where this is not so, the question is for the juryJ^ 'jy Smith vs. Muncy Creek Twp., 206 Pa. 7. 78 Bailey vs. Brown Twp., 190 Pa. 530 ; Hill vs. Tionesta Twp., 146 Pa. II. 79 Hedricks vs. Schuylkill Twp., 16 Pa. Sup. 508 ; Dalton vs. Upper Ty- rone Twp., 137 Pa. 18 ; Corbalis vs. Newberry Twp., 132 Pa. 9. CHAPTER XXVII. ACT OF 1903 CREATING THE STATE HIGHWAY DEPARTMENT. 262. State Highway Department. Commissioner. Assistant Commissioner. 263. Offices. Records of Depart- ment. Report to the Gov- ernor. 264. Petition of County Commis- sioners. Plans, etc. Exam- ination. Commissioner to Prepare Plans, etc. Report to County Commissioners and to Supervisors. Con- tract with County and Township. Aooortionment of Cost. Proviso. Appor- tionment of State Aid. Pro- viso. Roads Constructed Under Provisions of Act of June 26, 1895. Proviso. If Appropriation is not Ap- plied for Within Two Years. Proviso. Apportion- ment of a Larger Sum. Pro- viso. Agreement Between County and Townships. Proviso. Sworn Statement of Miles of Road. 265. Highways Shall Conform to Standard. Minimum Length and Width of Improved Section. General System of Highway Improvement. 266. All Work Shall be Done by Contract. Bids and Option. Contractor's Bond. 267. Townships May Bid and Con- tract. 268. Apportionment of Total Ex- pense. Commissioner to Cer- tify to Total Expense to County Commissioners, etc. 269. Payment of the State's Share. Payment of the County's Share. Payment of the Township's Share. Partial Payments to Contractor. Proviso. Cash Road Tax. 270. Contracts to Be Made in the Name of the Common- wealth. To Be Approved by the Attorney General. Writ- ten Agreement of County and Township Officers to be Filed. 271. Petition of Township Offi- cers. Resolution of County Commissioners. Map, plan, etc. Proviso. 272. Petition. Resolution. Town- ship May Incur Indebted- ness or Issue Bonds. Peti- tion of Owners of Real Es- tate, Protesting Against Ex- penditure. Petition ol Own- ers of Real Estate, Favor- ing Improvement. 273. In Case County Commission- ers Neglect or Refuse to Act Upon Township's Peti- tion. Township May Peti- tion Court. Report of Jury of View. Order of Court. Appointment of and Com- pensation of Jury of View. 274. Joint Petition of Townships. 275. Advertisements for Propos- als. 274 LAW OF TOWNSHIPS IN PENNSYLVANIA. 277- 278. 276. Maintenance of Highways. Apportionment of Mainten- ance Fund. State Aid for Maintenance. Sworn Petition. Apportion- ment to Township. Limited to One-half of Annual Cost. "State Highways." Duty of Supervisors, etc. 279. "Highway" Construed. 280. When Portion of Highway is Within a Borough. Agree- ment with Borough. State May Bear a Portion of Ex- pense. Limit of. Borough Highways. Plans and Speci- fications. Approval of Work. Duty of Borough Ofificers. 281. Commonwealth Not to Be Liable for Damages. Dam- ages. Petition. Viewers. Proceedings. 282. Highway Plan of the State, etc. Duties of the Commis- sioner. He May Be Con- sulted by Officers. Promo- tion of Improvement. 283. Duty of County, City, Bor- ough and Township Officers. 284. Construction of Improved Highways. Selction of Ma- terial for Road. 285. $6,500,000 Appropriated When Available. 286. Repeal. Proviso. Providing for the establishment of a State Highway Department, by the appointment of a State Highway Commissioner and staff of assistants, and defining the powers and duties thereof; authorizing the State High- way Department to Co-operate with the several counties and townships, and with boroughs in certain instances, in the improvement of the public highways and the maintenance of improved highways; providing for the application of counties and townships for State aid in highway improve- ment and maintenance ; providing for the payment of the cost of highway improvements, made under the provisions of this act, by the State, the counties, and the townships, and making an appropriation for this pur- pose. 262. State Highway Department. Commissioner. Assistant Com- missioner. Section i. Be it enacted, &c., That immediately upon the approval of this act, a State Highway Department shall be es- tablished by the appointment, by the Governor of the Common- wealth, with the advice and consent of the Senate, for a term of four years, of a State Highway Commissioner, who shall be a competent civil engineer, and experienced in the construc- tion and maintenance of improved roads. Said State Highway Commissioner shall receive a salary of three thousand five hun- dred dollars per annum, and shall be allowed his actual travel- ing expenses, not exceeding five hundred dollars, while offici- ACT CREATING STATE HIGHWAY DEPARTMENT. 275 ally employed. He shall furnish a bond in the sum of twenty- five thousand dollars for the faithful performance of his duty, said bond to be approved by the Governor, and he shall give his whole time and attention to the duties of his position. The said State Highway Commissioner may appoint, as the work of the department requires it, and subject to the approval of the Governor, one assistant, who shall be a capable and competent civil engineer, and experienced in road building, who shall re- ceive an annual salary of two thousand dollars, and shall be al- lowed his actual travelling expense, not to exceed five hundred dollars, when on official business; and he shall also appoint a chief clerk, at an annual salary of fifteen hundred dollars per annum, and may employ an additional clerk who shall be a competent stenographer, at an expense not to exceed one thou- sand dollars per annum. The State Highway Commissioner may require the employes of the Department to give bond for the faithful performance of their duty, in suitable and reason- able amounts. 263. Offices. Records of Department. Report to the Governor. Section 2. The State Highway Department shall be provided with suitable rooms in the State buildings at Harrisburg, and its offices shall be open at all reasonable times for the transac- tion of public business. The State Highway Commissioner shall carry into effect the provisions of this act and all acts of Assembl" providing for the co-operation of the State in the constrrj!5;son and maintenance of public highways. He shall have charge of the records of the State Highway Depart- ment ; and shall each year submit to the Governor of the Com- monwealth a full report of the operations of the Department, the number of miles, cost and character of the roads built under its direction, detailed statements of the expenses of the Depart- ment, and such other information concerning the condition of the public roads of the State and the progress of their improve- ment as may be proper. 18 2/6 LAW OF TOWNSHIPS IN PENNSYLVANIA. 264. Petition of County Commissioners. Plans, etc. Examination. Commissioner to Prepare Plans, etc. Report to County Com- missioners and to Supervisors. Contract witli County and Township. Apportionment of Cost. Proviso. Apportion- ment of State Aid. Proviso. Roads Constructed Under Pro- visions of Act of June 26, 1895. Proviso. If Appropriation is not Applied for Within Two Years. Proviso. Apportion- ment of a Larger Sum. Proviso. Agreement Between County and Townships. Proviso. Sworn Statement of IVEiles of Road. Section 3. Whenever the county commissioners of any county shall represent by petition to said State Highway De- partment that any principal highway in said county, outside of the corporate limits of any city or borough, is not in a satisfac- tory condition for comfortable or economical travel, and ought to be reconstructed under the provisions of this act, and shall furnish to the said Department an accurate plan of the layout, lines, profile and established grade of such highway, it shall be the duty of the State Highway Commissioner to examine such highway, or instruct one of his assistants so to do; and if in the judgment of the State Highway Commissioner said rep- resentation is well founded, he shall determine what changes should be made in said existing highway, what portion of it should be improved and in what manner, and shall prepare ac- curate plans and make careful detailed estimates of the expense of the work which, in his opinion, should be done, and report the same to the county commissioners of the county and the supervisors or commissioners of the township or townships in which the said highway may lie. If the said county commis- sioners and township supervisors or commissioners then decide that it is advisable to go on with the work as hereinafter pro- vided, and make the required agreements as hereinafter speci- fied, the State Highway Department may, if the funds at its disposal permit of so doing, contract jointly with the county ?nd township, or townships, in which said highway lies, to larry out the recon'tnendations of the State Highway Commis- sioner; the cost '/ the same, including all the necc^ssary sur- veys, grading, material, construction, re-location, changes of grade, and expenses in connection with the improvement of ACT CREATING STATE HIGHWAY DEPARTMENT. 2/7 said highway, to be borne in sixty-six and two-thirds per centum by the State, sixteen and two-thirds per centum by the county, and sixteen and two-thirds per centum by the town- ship or townships in which the portions of said highway, im- proved as herein provided, may He : Provided, That the State aid shall be apportioned among the several counties of the Commonwealth according to the mileage of township or county roads in each county, but the said amount shall remain in the State Treasury until applied for under the provisions of this act : And provided, That any county constructing county roads under the provisions of the Act of June twenty-sixth, one thousand eight hundred and ninety-five (Pamphlet law, three hundred and thirty-six), and supplements and amend- ments thereto, shall be entitled to receive the same amount of State aid as if said roads were constructed under the provisions of this act : And provided further, That if the appropriation, so apportioned by the State, shall not be so applied for a period of two years after it has become available, the amount so ap- portioned and set aside for that county shall be returned to the State Treasury, and added to the appropriation for the current year, and distributed anew under the provisions of this act : And provided further. That nothing herein contained shall prevent any county and townships from agreeing to appro- priate a larger amount for such road improvement than the amounts specified in this act : And provided, That counties and townships may agree among themselves to contribute their combined proportion of the thirty-three and one-third per centum of the total expense of construction, herein provided to be borne by them in different proportions from that herein- above specified; but in no case shall any township or county pay less than five per centum of the entire expense of such im- provements : Provided, That the county commissioners shall furnish, under oath, to the State Highway Commissioner the total number of miles of township or county public roads, by townships, to the State Highway Commissioner. 278 LAW OF TOWNSHIPS IN PENNSYLVANIA, 265. High.ways Shall Conform to Standard. Minimum Length and Width of Improved Section. General System of Highway Improvement. Section 4. All highways improved under the provisions of this act shall conform to the standard of construction estab- lished by the State Highway Department, as best adapted to the locality in which they may be located, with due regard to the topography and natural conditions and the availability of road-building materials, and shall be constructed according to the best engineering practice. No section of highway im- proved under this act shall be less than one-fourth mile in length, nor shall the improved portion thereof be less than twelve feet in width. So far as is consistent with the just and equitable administration of this act, the State Highway De- partment shall encourage a general system of highway im- provement. 266. All Work Shall Be Done by Contract. Bids and Option. Con- tractor's Bond. Section 5. All work done under the provisions of this act shall be by contract, according to plans and specifications to be prepared by the State Highway Commissioner and approved by the county commissioners of the county and the supervisors or commissioners of the township or townships, as hereinbe- fore provided ; and in awarding said contracts the work shall be given to the lowest and best bidder, with the option upon the part of the State Highway Commissioner, the county commis- sioners, or the township supervisors or commissioners, to reject any or all bids if they consider the same unreasonable, or if the prices named are materially higher than the estimated cost of the work as provided for. Every person, firm or corpora- tion, before being awarded any contract for the construction or improvement of any highway under the provisions of this act, shall furnish a bond, acceptable to the State Highway Commissioner, in a sum equal to the contract price of the work, conditioned upon the satisfactory completion of the same and to save harmless the State, county and the township or town- ACT CREATING STATE HIGHWAY DEPARTMENT. 279 ships, in which the work may lie, from any expense incurred through the failure of said contractor to complete the work as specified, or for any damages growing out of the carelessness of said contractor or his or its servants. 267. Townships May Bid and CJontract. Section 6. Any township may, through its supervisors or commissioners, be authorized to bid for the construction of such portion of any highway improvement, undertaken under the provisions of this act, as may lie within its limits ; and any township submitting such bid shall have the same considera- tion as other bidders, and, if awarded the contract, shall fulfill the same and be subject to the same regulations as are laid down for other bidders. 268. Apportionment of Total Expense. Commissioner to Certify to Total Expense to County Commissioners, etc. Section 7. Upon the completion of any highway, rebuilt or improved under the provisions of this act, the State Highway Commissioner shall immediately ascertain the total expense of the same, and apportion the said total expense between the State, the county and the township, or townships, in the pro- portion hereinbefore provided; and in case the said improved highway shall extend into or through two or more townships, he shall apportion the proportion of the expense, aforesaid, to be borne by each township among the several townships, in the same proportionate parts as the cost of the improvement within each township shall bear to the whole expense of the improve- ment which has been made according to the provisions of this act; and the said State Highway Commissioner shall certify the total expense of said improvement to the county commis- sioners and to the supervisors or commissioners of the town- ship, or townships, in which the improved highway has been constructed, respectively, specifying the amounts to be borne by the State, the county and the township, or each township, as provided by this act. 280 LAW OF TOWNSHIPS IN PENNSYLVANIA. 269. Pajrment of the State's Share. Payment of the County's Share. Payment of the Township's Share. Partial Pajrments to Contractor. Proviso. Cash Road Tax. Section 8. The State's share of the expense of highway im- provement or maintenance, under the provisions of this act, shall be paid by the State Treasurer upon the warrant of the State Highway Commissioner, attested by the chief clerk of the State Highway Department, out of any specific appropria- tions made by the Legislature to carry out the provisions of this act; and the share of the county in which said highway im- provement, as herein provided, has been made, shall be a charge upon the funds of said county, and shall be paid by the county treasurer upon the order of the county commissioners. The share of the township or townships in which the said highway improvement, as herein provided, has been made, shall be paid by the township supervisors or commissioners, as other debts of said township or townships are paid. The State Highway Department, the county commissioners of the county, and the supervisors or commissioners of the township, or townships, in which any highway is being improved under the provisions of this act, may, with the approval of the State Highway Com- missioner, make partial payments to the contractor or contrac- tors performing the work, as the same progresses ; but not more than two-thirds of their proportionate shares of the contract price for the work shall be paid, in advance of the full comple- tion of the same, by either the State Highway Department, the county, and the township or townships, so that at least one- third of the full contract price shall be withheld until the work is satisfactorily completed and accepted, and the exact propor- tions of the cost thereof apportioned to the State, county and township, or townships: Provided, That a cash road tax be levied by each township, where such road improvement is being made, to meet the cost of such permanent road improvement as is provided in this act. ACT CREATING STATE HIGHWAY DEPARTMENT. 281 270. Contracts to Be Made in the Name of the Commonwealth. To Be Approved by the Attorney General. Written Agreement of County and Township Oflo^cers to Be Filed. Section 9. Every contract authorized to be made by the State Highway Department, under the provisions of this act, shall be made in the name of the Commonwealth of Pennsyl- vania, and shall be signed by the State Commissioner of High- ways and attested by the Chief Clerk of the Department, and shall be approved, as to form and legality, by the Attorney General or Deputy Attorney General of the Commonwealth. No contract for any highway improvement shall be let by the State Highway Department, nor shall any work be authorized under the provisions of this act, until the written agreement of the county commissioners of the county and the supervisors or commissioners of the township, or townships, in which said proposed improvement is to be made, agreeing to assume their respective shares of the cost thereof, as hereinbefore provided, shall be on file in the office of the State Highway Department, and shall have been approved as to form and legality by the Attorney General or the Deputy Attorney General of the Com- monwealth. 271. Petition of Township Oflacers. Resolution of County Commis- sioners. Map, Plan, etc. Proviso. Section 10. The county commissioners of any county may, upon the presentation to them of a petition from the supervis- ors or commissioners of any township, or of two or more ad- joining townships, representing that any principal highway or section thereof, lying within said township or townships, is in need of reconstruction, and setting forth that said township or townships desire to take advantage of the provisions of this act to improve said highway, pass a resolution petitioning the State Highway Department to undertake the improvement of the highway or section thereof specified in the petition from the township or townships aforesaid, and authorizing the as- sumption by the county of its share of the expense of said im- provement ; accompanying the said petition to the State High- 282 LAW OF TOWNSHIPS IN PENNSYLVANIA. way Department with a map or plan showing the layout, lines, profile and grade of such highway, as hereinbefore provided: Provided, That where the county commissioners petition the State Highway Commissioner for the improvement of a public road or parts thereof, they shall state the kind of material to be used or available for such road. 272. Petition. Resolution. Township May Incur Indebtedness or Issue Bonds. Petition of Owners of Real Estate, Protesting Against Expenditure. Petition of Owners of Real Estate, Favoring Improvement. Section 11. The supervisors or commissioners of any town- ship in any county of the Commonwealth may petition the county commissioners of said county to make application to the State Highway Department for the co-operation of the State in the reconstruction or permanent improvement of any principal highway within the said township, or any section thereof which is much used as a thoroughfare by the people of said township and the neighboring townships, cities and bor- oughs, agreeing by resolution to assume, for said township, the proportionate share of the expense of said improvement, as hereinbefore provided. It shall be lawful for any township to incur indebtedness or to issue bonds, in the manner author- ized by law, for the payment of the said township's share of the cost of any highway improvement undertaken under the pro- visions of this act. If within thirty days after the receipt of any petition for highway improvement in any township, under the provisions of this act, a petition, signed by the owners of a majority of the assessed valuation of real estate in said town- ship, is received by the county commissioners of the county in which said township is located, protesting against said pro- posed expenditure upon the part of the township, then the county commissioners shall take no action on said petition for improvement, but shall return the same to the supervisors or commissioners from whom it was received. Upon the re- ceipt of a petition, signed by the owners of a majority of the assessed valuation of real estate in any township, requesting ACT CREATING STATE HIGHWAY DEPARTMENT. 283 the application by said township for the improvement of any highway 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. 273. In Case County Commissioners Neglect or Refuse to Act Upon TownsMp's Petition. Township May Petition Court. Be- port of Jury of View. Order of Court. Appointment of and Compensation of Jury of View, Section 12. In case the county commissioners of any county shall neglect or refuse to act upon the petition of any township or townships for highway improvement, as herein provided, or shall refuse to petition the State Highway Department for State aid in such proposed improvement, after said township or townships shall have complied with the conditions of this act in petitioning said county commissioners, the supervisors or commissioners of said township or townships may, through their proper officers, petition the court of quarter sessions of said county for the appointment 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 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. 274. Joint Petition of Townships. Section 13. The supervisors or commissioners of any ad- jacent 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 petition the county commis- 284 LAW OF TOWNSHIPS IN PENNSYLVANIA. sioners of their county to make application to the State High- way Department for the co-operation of the State in repairing or rebuilding said highway, as herein provided. 275. Advertisements for Proposals. Section 14. Advertisements for proposals for the recon- struction 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 no- tice 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. 276. Maintenance of Highways. Apportionment of Maintenance Fund. 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 highways, as herein- after provided, and shall be apportioned 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 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. 277. state Aid for Maintenance. Sworn Petition. Apportionment to Township. Limited to One-half of Annual Cost. Section 16. Whenever the supervisors or commissioners of any township or county shall desire State aid for the purpose of maintenance of improved highways, whether State high- ways 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 ACT CREATING STATE HIGHWAY DEPARTMENT. 285 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 high- ways 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 maintain- ing said highways, shall apportion to said township its propor- tion of the total amount available for the maintenance of im- proved highways, as hereinbefore provided, and the said amount shall be paid to the supervisors or commissioners of said township by warrant 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 judgment and experience of the State Highway Commissioner, 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 main- tenance, as set forth in the petition of the supervisors or com- missioners of the said townships. 278. "State Highways." Duty of Supervisors, etc. Section 17. All highways, or portions of highways, con- structed 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 Department, at the expense of said township ; but the supervisors or commissioners of any township possessing im- proved 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 commissioners of every town- ship 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. 286 LAW OF TOWNSHIPS IN PENNSYLVANIA. 279. "Highway" Construed. Section i8. The word "highway," as used in this act shall be construed to include any existing causeway or bridge, or any new causeway or bridge, or any drain 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 town- ships ; but shall not include causeways or bridges which should properly be built by a county, or adjoining counties, or by the State. 280. When Portion of Highway is Within a Borough. Agreement with Borough. State May Bear a Portion of Expense. Limit of. Borough Highways. Plans and Specifications. Ap- proval of Work. Duty of Borough Officers. Section 19. Where a portion of an important main high- way, traversing one or more townships, and for the improve- ment of which according to the provisions of this act applica- tion has been made by said township or townships, shall lie within the limits of any borough or boroughs, and where the failure of said borough or boroughs to improve the said high- way would leave a break or unimproved section in a continu- ous improved highway, it shall be lawful for the county com- missioners of the county in which said highway is 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 lim- its, 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 im- provement, and boroughs shall only receive aid from the State, as aforesaid, in cases where failure to receive such aid would prevent a continuous improvement of an important main high- way, provision for the rebuilding of which has been made in the township or townships adjoining said borough or bor- ACT CREATING STATE HIGHWAY DEPARTMENT. 28/ oughs. All improvements made in borough highways, as herein provided, shall be of a character similar to that specified for the township or townships through which the highway to be improved passes in reaching said borough and boroughs, and the plans and specifications for the work shall be approved by the State Highway Department; and the completed work shall be approved by said department before any warrant shall be issued for the State's share in such improvement, as herein provided. 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 Department for the maintenance of similar highways. 281. Commonwealth Not to Be Liable for Damages. Damages. Pe- tition. Viewers. Proceedings. Section 20. The Commonwealth of Pennsylvania 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 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 damage by any change in grade or by the taking of land to alter the loca- tion of any highway which may be improved under this act, and the county commissioners and the parties so injured can- not agree on the amount of damages sustained, such persons or corporations may present their petition to the court of quar- ter sessions for the appointment of viewers to ascertain and assess such damage; the proceedings upon which 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 ascertained, shall be paid by the respective counties, and afterwards apportioned by the Commissioner of Highways, according to the provisions of section seven. 288 LAW OF TOWNSHIPS IN PENNSYLVANIA, 283. Highway Plan of the State, etc. Duties of the Commissioner. He May Be Consulted by Officers, Promotion of Improve- ment, Section 21. In addition to his other duties, the State High- way Commissioner shall cause to be made and kept for the State Highway Department a general 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 determine 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 topog- raphy 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 times, be consulted by county, city, borough or township officers having authority over highways and bridges, and shall, when re- quested, advise and give information to such officers relative to the construction, repairing, alteration and maintenance of the said highways and bridges. He shall at all times lend his aid in promoting improvement throughout the State, and shall prepare and disseminate useful information relative to road building and improvement. 283. Duty of County, City, Borough and Township Officers. Section 22, County commissioners or county engineers of the several counties of this State, and the 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, con- dition and character of the highways under their jurisdiction, and with any other needful information relating to the said highways. ACT CREATING STATE HIGHWAY DEPARTMENT. 289 284. Construction of Improved Highways. Selection of Material for Boad. Section 23. All highways improved under the provisions of this act shall require the construction of a macadamized road, or a telford or other stone road, or 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 commis- sioners 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 road to be built, shall be decided by the State High- way Commissioner. The State Highway Commissioner shall furnish to the county commissioners and township road au- thorities information as to the probable cost of improved high- ways, as defined in this section. 285. $6,500,000 Appropriated. When Available. Section 24. The sum of six millions five 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 hundred thousand dollars shall be available in the second year, one million two hundred and fifty thousand dollars in each of the two next following years, and one million five hundred thousand dollars in each of the two years next following. 286. Repeal. Proviso. 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 ninety-five (Pamphlet laws, three hundred and thirty-six), and June twenty-three, one thousand eight hun- 290 LAW OF TOWNSHIPS IN PENNSYLVANIA. dred and ninety-seven (Pamphlet laws, one hundred and ninety- four), and July ten, one thousand nine hundred one (Pamphlet laws, six hundred and thirty-six). Approved — The 15th day of April, A. D. 1903. CHAPTER XXVIII. INSTRUCTIONS ISSUED BY STATE HIGHWAY DEPARTMENT. 287. Instructions to Township way Law of 1903 ; and Also Supervisors and County to Engineers Making Sur- Commissioners as to Method veys. of Procedure Under High- 287. Instructions to Township Supervisors and County Commission- ers as to Method of Procedure Under Highway Law of 1903; and Also to Engineers Making Surveys. When it is desired to have a section of road in any town- ship permanently improved, under the Act of April 15, 1903 (P. L. 188), making provision for State aid, the supervisors of said township should meet in regular session, the town clerk or secretary of the board of supervisors being present to make proper record of the action taken. A resolution should be passed and entered, without fail, on the township records, set- ting forth that the road in question is in need of reconstruc- tion, stating between what points such reconstruction is de- sired, agreeing to pay one-sixth of the cost thereof and for the levying of a cash road tax, and petitioning the county com- missioners to ask for State aid. A certified copy of this resolution, signed by the supervisors and attested by the town clerk or secretary of the board of supervisors, should be sent to the county commissioners, with the petition requesting their co-operation. In townships of the first class the township commissioners should follow the foregoing instructions to township super- visors. The county commissioners should then pass a resolution set- ting forth that they have been petitioned by the township supervisors of the said township to join in asking State aid, authorizing the assumption by the county of its share (one- sixth) of the cost of the improvement, and petitioning the 291 19 292 LAW OF TOWNSHIPS IN PENNSYLVANIA. State Highway Department to undertake the said improve- ment. This resolution should be properly recorded and a cer- tified copy, signed by the county commissioners and attested by the commissioners' clerk, be sent to the State Highway De- partment. The county commissioners should also state what kind of material is available for such road and its proximity to the proposed improvement. All the necessary blanks for the foregoing can be obtained upon application to the State Highway Department. Accompanying the petition of the county commissioners should be the petition and copy of the resolution as certified to by the township supervisors, and an accurate map or plan of the layout, lines, profile and grade of said highway. This map or plan should be continuous and drawn on a scale of 50 feet to one inch, the profile or grade plan on a scale of 50 feet horizontal and 10 feet vertical, cross sections on a scale of 10 feet horizontal and vertical, and should show all buildings within 100 feet of the road, property lines, names of owners, location of fences, drains, culverts, bridges, elevations every 100 feet and at all changes of grade and cross sections every 200 feet, or oftener if the ground is irregular, being careful to show width of roadbed as found. Elevations of the tops of all bridges and the surface of water in all streams, and elevations every 100 feet should be marked in figures on the profile oppo- site their respective locations. In fact, all the details neces- sary from which to make an accurate estimate of the work re- quired to be done in the reconstruction of the road proposed to be improved must be given. The plan should bear the name and address of the engineer who made the surveys, and if on tracing cloth should be made on the dull side of the cloth and not on the smooth side. The original plan must be sent to the Department with the application. In making the survey, iron pins should be driven at every angle point, and a guard stake placed near by with the station and plus marked thereon. A stake should be placed at each hundred feet and numbered with a continuous enumeration, using zero ° for the beginning. INSTRUCTIONS BY HIGHWAY DEPARTMENT. 293 When the stations come in the middle of the road, stakes can be placed at a reasonable distance at right angles, with the dis- tance marked on each stake. After the application has been filed with the State Highway Department it is the duty of the Highway Commissioner, or his Assistant, to examine the road in the reconstruction of which State aid is asked ; and if in the judgment of the State Highway Commissioner said represen- tation is well founded he shall determine what changes shall be made in said existing highway, what portions shall be im- proved and in what manner. After this has been determined and plans prepared the county commissioners will advertise for 30 days for bids on the work to be done. These bids will be received at the State Highway Department, at Harrisburg, Pa. CHAPTER XXIX. FORMS. 288. Petition of Real Estate Own- ers. 289. Petition of Township Super- visors. 290. Petition of Township Com- missioners of Townships of the First Class. 291. Petition of County Commis- sioners. 292. Agreement Between Com- monwealth, County and Township, for Road Im- provements. 293. Contract Between the Com- monwealth and Contractor. 294. Bond to Be Given by the Con- tractor for Road Improve- ment. 295. Maintenance Petition for the Use of Township Super- visors. 296. Maintenance Petition for the Use of Township Commis- sioners and County Com- missioners. 297. Form of Standard Specifica- tions. 298. Form of Bid. 288. Petition of Real Estate Owners. To the Supervisors of Township: We, the undersigned, owners of a majority of the assessed valuation of real estate in Township, County, Commonwealth of Pennsylvania, respectively represent that a certain section of highway, about feet in length and situated as follows : is in need of reconstruction, and that it is our desire to take advantage of the provisions of the Act of Assembly of the Commonwealth of Pennsylvania, ap- proved April 15, 1903, providing for the establishment of a State Highway Department, etc. We do therefore ask you, the supervisors of said Township, to petition the County Commissioners to make application to the State Highway Department for State aid in the improve- ment of the highway hereinbefore described, under the pro- visions of the said act, and we will ever pray, etc. 294 FORMS. 295 289. Petition of Township Supervisors. To the Commissioners of County : Whereas, The section of highway in Township, County of , Commonwealth of Pennsylvania, being about feet in length and situated as follows, is in need of reconstruction, and Whereas, State aid is desired for the permanent improve- ment of said section of highway, under the Act approved April 15, 1903, providing for the establishment of a State Highway Department, etc., therefore be it Resolved, That the supervisors of said Township, in regular session assembled on this day of , 190 , do on behalf of said township hereby petition for State aid as hereinbefore stated, and be it further Resolved, That the said supervisors do agree for themselves and their successors in office to pay from the township funds, in the manner provided by the said Act, one-sixth part of the expense of said improvement, and be it further Resolved, That a cash road tax be levied to meet when due one-sixth part of the expense of said improvement, and be it further Resolved, That the commissioners of said County of be and are hereby petitioned to join in requesting the State Highway Department to extend State aid for the said road improvement, under the said Act. (Signed) Attest : Supervisors of Township. Town Clerk. 296 LAW OF TOWNSHIPS IN PENNSYLVANIA. 290. Petition of Township Commissioners of Townships of the First Class. To the Commissioners of County : Whereas, The section of highway in Township, County of , Commonwealth of Pennsylvania, being about feet in length and situated as follows, is in need of reconstruction, and Whereas, State aid is desired for the permanent improve- ment of said section of highway, under the Act approved April 15, 1903, providing for the establishment of a State Highway Department, etc., therefore be it Resolved, That the commissioners of said Town- ship, in regular session assembled on this day of ,190 , do on behalf of said township hereby peti- tion for State aid as hereinbefore stated, and be it further Resolved, That the said commissioners do agree for them- selves and their successors in office to pay from the township funds, in the manner provided by the said Act, one-sixth part of the expense of said improvement, and be it further Resolved, That a cash road tax be levied to meet when due one-sixth part of the expense of said improvement, and be it further Resolved, That the commissioners of said County of be and are hereby petitioned to join in requesting the State Highway Department to extend State aid for the said road improvement, under the said Act. (Signed) Commissioners of Township. Attest : Town Clerk. FORMS. 297 291. Petition of County Commissioners. To the State Highway Department : Whereas, There has been presented to the undersigned, com- missioners of County, Commonwealth of Pennsyl- vania, a petition from the supervisors of Township, County, representing that a section of highway in said Township, being about feet in length and situated as follows: is in need of reconstruction, and setting forth that said township desires to take advantage of the provisions of the Act approved April 15, 1903, providing for the establishment of a State Highway Department, etc., therefore be it Resolved, That we, the said commissioners of County, Commonwealth of Pennsylvania, do hereby petition the said State Highway Department to undertake the improve- ment of the section of highway specified in the petition from the township aforesaid, and be it further Resolved, That we, the said commissioners of County, Commonwealth of Pennsylvania, do hereby authorize the assumption by said county of its share of the expense of said improvement, and be it further Resolved, That a map or plan accompany this petition to the State Highway Department, showing the layout, lines, profile and grade of the section of highway hereinbefore de- scribed. We, the commissioners of County, Commonwealth of Pennsylvania, do hereby state that there is available for such highway improvement the material described and located as follows : (Signed) Commissioners of County. Attest : Commissioners' Clerk. 298 LAW OF TOWNSHIPS IN PENNSYLVANIA. 292. Agreement Between Commonwealtli, County and Township, for Road Improvements. Whereas, The State Highway Commissioner has, under the provisions of the Act approved April 15, 1903, P. L. 188, re- commended the improvement of a section of highway about feet in length, lying in Township, County, at an approximate cost of $ , Now, this agreement witnesseth that the Commonwealth of Pennsylvania agrees to carry out the recommendations of the State Highway Commissioner and to defray two-thirds of the total expense of such improvement. The said county of and the said township of , by their authorized representatives whose signa- tures are hereunto attached, do hereby jointly and severally agree to pay each one-sixth of the total expense of such im- provement. In testimony whereof we have this day of , A. D. 190 , set our hands and seals. Commonwealth of Pennsylvania, By , L. S. State Highway Commissioner. Attest : ,L. S. Chief Clerk. County of By , L. S. , L. S. , L. S. Commissioners. Attest : ,L. S. Commissioners' Clerk. FORMS. 299 Township of By ,L. S. , L. S. , L. S. Supervisors or Commissioners (as the case may be.) Attest : ,L. S. Town Clerk. 293. Contract Between the Commonwealth and Contractor. This agreement, made this day of , A. D. 190 , between the Commonwealth of Pennsylvania, herein- after called the party of the first part, and of , or successors, executors, administrators and assigns, hereafter called the party of the second part, Witnesseth, That the party of the second part, for and in consideration of the payment or payments hereinafter specified and agreed to by the party of the first part, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required in the improve- ment of a certain section of highway in Township, County of , Commonwealth of Pennsylvania, being about feet in length and situated as follows: The party of the second part further covenants and agrees that said materials of each and every kind shall be of the best of their several kinds, and that all of said work and labor shall be done and performed in the best and most workmanlike manner, and that both materials and labor shall be in strict and entire conformity with the specifications and plan, a copy of each of which is hereto attached and forms part of this agree- ment; and that all of said materials and labor shall be subject to the inspection and approval of the State Highway Commis- sioner, or his duly authorized assistant, and in case any of said materials or labor shall be rejected by the said State Highway Commissioner, or his assistant, as defective or unsuitable, then 300 LAW OF TOWNSHIPS IN PENNSYLVANIA, the said materiak shall be removed and replaced with other materials, and the said labor shall be done anew to the satisfac- tion and approval of the said State Highway Commissioner, or his assistant, at the cost and expense of the party of the sec- ond part. The party of the second part further covenants and agrees that all of said materials shall be furnished and delivered, and all of said labor shall be done and performed to the satisfaction and approval of the said State Highway Commissioner on or before the expiration of from the date of this con- tract, and if for any reason, except for the written consent of the said State Highway Commissioner, the completion of the said work shall be delayed beyond that date, then the party of the second part shall pay and forfeit to the party of the first part the sum of dollars ($ ) per for each and every during which the said work shall be delayed; provided that upon receipt of written notice from said party of the second part of the existence of causes over which said party of the second part has no control and which must delay the completion of said work, the said State High- way Commissioner may, in his discretion, extend the period al- lotted for its completion, and in such case the damages for de- lay shall become operative at the date at which such extension shall expire. And it is further expressly understood and agreed by and between the parties to this agreement that if in the opinion of the said State Highway Commissioner the party of the second part shall be prosecuting the said work with an insufficient force of workmen or with an insufficient supply of materials for the prompt completion of said work, or shall be improperly performing the said work, or shall discontinue the perform- ance of said work before completion, or shall neglect or refuse to remove such materials or to perform anew such labor as shall be rejected by the said State Highway Commissioner as defective or unsuitable, then in any such case it shall be lawful for the said State Highway Commissioner, and he is hereby au- FORMS. 301 thorized and empowered to employ such contractors as in his opinion shall be required for the proper completion of the said work, at the cost and expense of the said party of the second part. And it is further expressly understood and agreed by and between the parties to this agreement that the party of the sec- ond part shall during the progress of said work properly safe- guard the same against injury or damage to the public, and that said party of the second part shall alone be responsible for any such injury or damage sustained by any person or per- sons. In consideration of the foregoing premises the said party of the first part hereby agrees to pay to the party of the second part the sum of dollars ($ ), payment to be made as follows : In Witness Whereof, the party of the first part hath here- unto subscribed by the hand and seal of the State Highway Commissioner, and the party of the second part hath set his hand and seal. Attest : Commonwealth of Pennsylvania, By , L. S. State Highway Commissioner. ,L. S. Chief Clerk. , L. S. Contractor. 294. Bond to Be Given by the Contractor for Koad Improvement. Know all Men by These Presents, That we, are held and firmly bound to the Commonwealth of Pennsylvania, in the sum of Dollars ($ ), lawful money of the United States, for which payment, well and truly to be made, we bind ourselves and each of us, our and each of our heirs, executors and administrators, for and in the whole, jointly and severally, firmly by these presents. 302 LAW OF TOWNSHIPS IN PENNSYLVANIA. Whereas, did on the day of A. D. 190 , make and enter into a contract with the Common- wealth of Pennsylvania in the sum of dollars ($ ) for the construction of a section of highway in Township, County, Pennsylvania, under the provisions of the Act approved April 15, 1903, (P. L. 188), Now, the condition of this obligation is such that if the above bounden shall well and truly and in a manner satis- factory to the State Highway Commissioner complete the work contracted for and shall save harmless the Commonwealth of Pennsylvania from any expense incurred through the failure of said contractor to complete the work as specified, or for any damages growing out of the carelessness of said contractor or his or its servants, then shall this obligation be void ; otherwise shall remain in full force and virtue. In testimony whereunto we have this day of A. D. 190 , set our hands and seals. In the presence of [L. S.] [L. S.] [L. S.] [L. S.] [L. S.] 296. Maintenance Petition for the Use of Township Supervisors. To the State Highway Department : Whereas, The Supervisors of Township, County, are desirous of procuring State aid in the mainte- nance of highways in said township ; Now, Therefore, We do hereby make application to the State Highway Department, as provided for in the Act ap- proved April 15, 1903, for a share in the apportionment of the Maintenance Fund.* And for the purpose of procuring such State aid, and in compliance with the requirements of said Act, we state that there are in the said Township, County, *Note.— To' be returned on or before the first day of April in each year. FORMS. 303 miles of roads improved according to the standards of the State, the condition of such roads being . The average annual cost, per mile, of maintaining said roads has been Dollars, ($ ). Being duly qualified according to law, we depose and say that the statements herein contained are correct, as we verily believe. Supervisors. Sworn and subscribed to before me this day of , A. D. 190 . 296. Maintenance Petition for the ITse of Township Commissioners and County Commissioners. To the State Highway Department: Whereas, The Board of Commissioners of Town- ship, County, is desirous of procuring State aid in the maintenance of highways in said township ; Now, therefore, application is hereby made to the State Highway Department, as provided for in the Act approved April 15, 1903, for a share in the apportionment of the Main- tenance Fund.* And for the purpose of procuring such State aid, and in com- pliance with the requirements of said Act, the said board au- thorizes the statement that there are in the said Township, County, miles of roads improved according to the standards of the State, the condition of such roads being The average annual cost, per mile, of maintaining said roads has been dollars ($ ). *Note.— To be returned on or before the first day of April in each year. 304 LAW OF TOWNSHIPS IN PENNSYLVANIA. i Being duly qualified according to law, I hereby certify that the statements herein contained are correct, as I verily believe. President of the Board of Commissioners of Town- ship. Attest : Clerk of the Board. Sworn and subscribed to before me this day of A. D. 190 . 297. Form of Standard Specifications. Commonwealth of Pennsylvania — State Highway Depart- ment. MACADAM AND TELFORD SPECIFICATIONS. For a section of Highway in Township, County, Commonwealth of Pennsylvania, extending from to a distance of about linear feet, feet wide. I. LABOR AND MATERIALS. The contractor is to furnish all labor, materials, tools and machinery necessary to the prompt and efficient execution of the provisions of these specifications ; all work to be done to the satisfaction of the State Highway Commissioner. 2. PLANS AND DRAWINGS. The plans and drawings prepared by the State Highway Department form part of these specifications, and must be fol- lowed without variation, unless specially authorized in writing FORMS. 305 by the State Highway Commissioner. In case of discrepancy between scale and figured dimensions the latter are to govern. 3. GRADING. The contractor shall do all grading, either by cutting or filling as the case may be, and shall remove from the highway all trees, stumps, roots, poles, fences, walls, buildings or other encumbrances upon or in the roadway, and all spongy or un~ stable material, replacing the same with solid material. In all cases where the earth fill exceeds one foot in depth, the filling must be deposited in layers, or courses, not exceeding one foot in depth, loose measurement. Each course shall be graded across the entire fill before starting another course. The grad- ing must conform to stakes placed by the State Highway Com- missioner, or under his direction. The contractor is to furnish the necessary material to make the required fills. The completed grade is to have a slope of one-half inch to one inch to the foot from the center to the sides, according to the percentage of grade of the road, and the side road is to conform to the surface grade of the completed road bed, so that an unbroken slope shall be presented from the center to the shoulders or ditches on either side. In rock cuts the rock must be blasted out at least eight inches below the surface line of the finished grade of the road. Rock used in filling must not come within eight inches of the sur- face line of the finished grade, and must not be allowed to nest, but must be distributed so as to avoid pockets, 4. SLOPES. Slopes in solid earth must be one foot horizontal to one foot vertical ; in sand or loam, one and a half feet horizontal to one foot vertical; in hard shale, one-half foot horizontal to one foot vertical ; in rock, one foot horizontal to six feet ver- tical. Where slopes are liable to be washed, they shall be pro- tected by riprap. 306 LAW OF TOWNSHIPS IN PENNSYLVANIA. 5. ROADBED. The graded roadbed must be rolled until firm with a roller weighing not less than 12,000 pounds nor more than 20,000 pounds. Any depressions formed under such rolling must be filled and rolled again, until the sub-grade presents a uniform appearance and is identical in form with the cross section of the road when finished. 6. MACADAM. Only good solid stone shall be used in macadamizing. Bid- ders will name the kind of stone they propose using in said work, and also its location. On the prepared roadbed shall be placed the bottom course, extending feet on each side of the center line, and composed of stone not larger than will pass through a three-inch ring in all directions. After being evenly spread, the course shall be thoroughly rolled with the roller hereinbefore specified until none of the stone move under the roller. All material must be added dry, but water must be applied ahead of the roller. The bottom course must be inches deep after rolling. After completion of the bottom course, the second course, to be inches deep after rolling, shall be applied, of stone not larger than will pass through a one and a half-inch ring in all directions, and rolled as previously directed until firm and solid, water being applied ahead of the roller. The rolling must be done with the utmost thoroughness in both these courses. The finishing course shall be one inch thick, and composed of rock screenings not exceeding one-half inch in diameter. It shall be applied dry and rolled once before wetting, then alternate applications of water and rolling until finally com- pleted, when the surface must present a uniform appearance and conform to the shape and grade fixed by these specifica- tions and the accompanying plans. FORMS. 307 In all rolling the roller must start from the side lines of the roadbed and work toward the center, unless otherwise directed by the State Highway Commissioner. 7. TELFORD. Only good solid stone shall be ul«d in Telford construction. Bidders will name the kind of stone they propose using in said work, and also its location. On the proposed roadbed shall be placed the bottom course, extending feet on each side of the center line, the stones composing the course to be nine to twelve inches long, by three to five inches wide and inches deep, placed vertically by hand on their broad- est edges. Stones to be laid in lengthwise courses across the road and all interstices filled with broken stone, wedged with a hammer. All projecting points must be broken off to bring the surface of the stone true to grade. The course to be thor- oughly rolled with the roller hereinbefore specified until the stone do not rock under the roller. After completion of the bottom course, the second course^ to be inches deep after rolling, shall be applied, of stone not more than one and a half inches in diameter, and rolled as previously directed until firm and solid, water being applied ahead of the roller. The finishing course must be applied and rolled the same as for macadam. The rolling must be done with the utmost thoroughness on each course. 8. CULVERTS AND DRAINS. Culverts and drains to be built or laid at the points and in the manner designated by the plans. No stone to be used in building walls of culverts or wing walls, of less rise than three inches, width eight inches and length twelve inches. All stone to be well bedded and no stone set on edge. Only best grades of hydraulic cement to be used, one part cement to two parts sand. All covering stones to be 308 LAW OF TOWNSHIPS IN PENNSYLVANIA. free of cracks or seams, and edges at joints to be dressed so as to fit tightly together. 9. GUTTERS. Gutters to be constructed in conformity with the plans. All earth gutters shall be not less than inches wide at the bottom, with an even grade, with no pockets or loose earth left •n the bottom. All cobble gutters shall be made from stone not over inches longest diameter, well bedded in sand or gravel, laid with the longest diameter parallel with the road, and thoroughly rammed into place. No rotten stone shall be used, and stone broken in ramming shall be replaced. 10. NO EXTRAS. No extra work will be allowed unless authorized in writing by the State Highway Commissioner at a price agreed upon before the work is done. The decision of the State Highway Commissioner shall be final in all matters pertaining to the construction of the proposed work. II. LIABILITIES OF CONTRACTORS. The contractor must keep the roadway open to the public at all times during the progress of the work, and shall maintain sufficient guards by day and night to prevent accidents. The contractor will be held responsible for all damages to property, personal injury or any other damages that may result by rea- son of construction. The contractor is to begin work within days and shall complete it within months from the signing of the contract, unless an extension of the time is authorized in writing by the State Highway Commissioner. The contractor is to keep the finished road in repair for the FORMS. 309 period of months from its acceptance by the State Highway Commissioner. 12. SUBLETTING OF CONTRACT. The contract is not to be sublet unless with the written ap- proval and consent of the State Highway Commissioner. 13. BIDS. Bids will be received only for the road complete, but no bid will be received in which all of the following items are not filled out. They are designed for the use of the State High- way Department in making estimates . Price per cubic yard for earth excavation, $ Price per cubic yard for rock excavation, $ Price for grading, complete, $ Price per cubic yard for macadam and laying, $ Price per cubic yard for telford and laying, $ Price per square yard for riprap, $ Price per cubic yard masonry in culverts, $ Price per lineal foot for fencing, $ Price per lineal foot for tile drain, specifying sizes, $ Price per lineal foot for iron drain, specifying sizes, $ Price per square yard for cobble gutters, $ Price (lump) for finished road, complete in all details^ accord- ing to plans and specifications, $ Each bid must be accompanied by a bond in the sum of $1,000, conditioned upon the bidder's acceptance of the con- tract if awarded to him. After the contract has been awarded a new bond, with corporate security, must be given, in a sum equal to the contract price of the work, conditional upon the satisfactory completion of the same and to save harmless the State, County and the Township or Townships, in which the work may lie, from any expense incurred through the failure of said contractor to complete the work as specified, or for any 3IO LAW OF TOWNSHIPS IN PENNSYLVANIA. damages growing out of the carelessness of said contractor, his or its servants. The right is reserved to reject any or all bids. Bids to be received by the State Highway Department not later than 14. ESTIMATES AND QUANTITIES. The following estimates are the result of calculation but are not to be taken as exact. The contractor must himself be responsible for the data upon which he bases his bid. Cubic yards earth excavation, Cubic yards rock excavation, Cubic yards macadam, Cubic yards telford. Square yards of riprap. Cubic yards masonry in culverts, Lineal feet fencing, Lineal feet inch tile drain, Lineal feet inch iron drain. Square yards cobble gutters. 298. Form of Bid. Bid of address, for Road in County, Township. To the State Highway Commissioner, Harrisburg, Pa. : Dear Sir: I hereby propose to construct a section of highway in County, Township, about linear feet in length feet wide, for the sum of Dol- lars ($ ), for the finished road complete in all par- ticulars, in accordance with the plans and specifications pre- pared by the State Highway Department. I accompany this bid with bond in the sum of ONE THOU- SAND Dollars ($1,000), the sureties thereon being FORMS. 311 For the purpose of comparison and estimates I submit the following itemized statement : . . lineal feet . , . lineal feet . . . lineal feet . . . lineal feet . . . lineal feet . . . lineal feet . . . lineal feet . Ittms not Items specified inspeeified in specifica- specifica- tions, tions. . cubic yards earth excavation, . . at $ . cubic yards rock excavation, . . at $ . cubic yards macadam, at $ .cubic yards telford, at $ . square yards riprap at $ , cubic yards masonry in culverts, at $ . lineal feet fencing, at $ . lineal feet .... inch tile drain, . . at $ . inch tile drain, . . at $ . inch tile drain, . . at $ . inch tile drain, . . at $ .inch iron drain, .at $ .inch iron drain, .at $ .inch iron drain, .at $ .inch iron drain, .at $ square yards cobble gutters, . . at $ Price for grading complete, AMOUNT OF LUMP BID, .... The stone I propose using in the construction is from quarry. Signature of Bidder, Address, $. $. $. $. $. $. $. $. $. $. $. $. $. $. $. $. $. Note. — The State Highway Department will not receive or consider any bid in which all of the foregoing items are not filled out. The column headed "Items Specified in Specifications," must aggregate the amount of the lump bid. Prices stated in the other column will be used in case it is found necessary during the progress of the work to include details not foreseen when the plans and specifications were prepared. No bid unac- companied by bond will be given consideration. Bidders will name the kind of stone they propose using in said work, and also its location. APPENDIX. LIST OF SPECIAL ACTS RELATING TO TOWNSHIPS IN THE SEVERAL COUNTIES. References in bold face type designate the year in which the Act was passed and are followed by the page of the Pamphlet Laws on which the Act may be found. Ch. indicates the Chapter in Smith's Juaws in which an Act may be found, this system having been adopted as Smith's Laws are accessible to a greater number than the original session laws. When an unrepealed law affects one of the older counties, the same law would be operative in a county subsequently erected from the older coiinty. ADAMS COUNTY. Organized from a part of York County, January 22, 1800. Chapter 2086. BUFFALO TOWNSHIP divided '47-398 BUTLER TOWNSHIP— Polling places fixed '50-173, '52-238 Snaring rabbits prohibited '63-414 Protection of trees '63-414 Bounty tax authorized '68-930 CATTLE '34-537 COLLECTORS '70-1179 CONEWAGO TOWNSHIP Land of D. Geiselman annexed to, for school purposes '63-257 CUMBERLAND TOWNSHIP— Special tax authorized '74-470 Tax authorized to pay bounty debts '67-1172, '69-1226 DIRECTORS OF THE POOR Election and duties of Ch. 4415, '40-245, '42-312 Compensation of Act of March 24, '17, repealed '87-53 314 APPENDIX. Adams County — Continued. ELECTIONS REGULATED '55-99 FENCES '34-537 FOOT WALKS— Construction and protection of '63-172 FREEDOM TOWNSHIP— Surplus bounty money to school fund '67-1159 GERMANY TOWNSHIP Land of William McSherry, Act of March 4, '65, repealed '69-195 Levy of bounty taxes legalized '69-705 Farm of Daniel Sell Act of April 8, '67, repealed '83-86 HAMILTON TOWNSHIP— Polling place fixed '42-322 Sale of school house '50-58, '52-568 Re-audit of bounty accounts '68-118 HAMPTON— Separate District '50-151 HUNTINGDON TOWNSHIP— Polling place fixed '56-109 Audit of bounty accounts '69-1005 LATIMORE TOWNSHIP— Acceptance of common school law '38-594 Polling place changed '56-109 Bounty tax authorized '66-548, '67-1172, '68-895 Supervisors' pay fixed '69-1051 Audit of bounty accounts '69-1005 MENALLEN SCHOOL DISTRICT— Bounty tax authorized '68-950 MOUNT PLEASANT TOWNSHIP— Polling places fixed '42-44 ORCHARDS- Protection of '54-430 OVERSEERS OF POOR abolished Ch. 4415 POOR HOUSE— Erection of Ch. 4415, '40-245, '42-312 READING TOWNSHIP— Duties of Assessors '50-151 Boundaries enlarged '53-589 Polling places fixed '50-88, '62-143 ROADS— Damages for opening '47-129, '59-508 ROAD VIEWERS— Pay fixed '45-184 SCHOOL TAX— To regulate the collection of '68-960, '72-1036 SIDEWALK — Construction and protection of '63-172 STRABAN TOWNSHIP— Disposition of surplus bounty '68-673 STRAYS '34-537 TAX, SCHOOL— To regulate collection of '68-960, '72-1036 TAXES— Prompt collection of. See 1901-396 '70-1179 TRESFASiS on orchards, etc. '54-430 VERDICTS— Judgments on certain, validated '42-213 YOUNG TIMBER— Protection of '63-414 LIST OF SPECIAL ACTS. 315 ALLEGHENY COUNTY. Organized from parts of Westmoreland and Washington Counties, Sep- tember 24, 1788. Ch. 1348. ASSESSMENT OF TAXES— See Taxes '50-707, '54-571 ASSESSORS— Compensation of '64-863, '67-1096 Assistants, compensation of '68-880 Election of '29-77 To make returns by February 15th '69-981 BALDWIN TOWNSHIP— Separate election district '44-243 J3oimty tax authorized '65-355 Collection of school taxes regulated '52-245, '70-618 BELLEVUE TOWNSHIP— School loan authorized '70-300 School per capita tax Act of March 17, '68, repealed '71-1239 CATTLE prohibited from running at large. See Strays '62-496 CEKTIOKARI in road cases, effect of '69-1235 CHAKTIEKS TOWNSHIP— Erection of '51-457 Polling places fixed '54-107 Bounty tax authorized '65-355 Koads Act of March 20, '62, repealed '66-1000 Sidewalks '69-625, Rep. 1901, 131 Sale of liquors regulated '69-407 COLLINS TOWNSHIP— Polling places fixed '51-42 Election and qualification of supervisors and overseers '51-149 Assessment and collection of road taxes '64-875 Bounty tax authorized '65-213 Improvement of Highland Avenue '65-606, '66-573 Sidewalks — Pay of Supervisors and Auditors '67-896 Part of Lawrenceville & Sharpsburg Passenger Railway vacated '68-791 School loan authorized '53-386, '68-907 To ascertain interest in Allegheny County House '71-1139 CONSTABLES Eligible to re-election '27-24, '32-148 To commit paupers '59-418 COUNTY COMMISSIONERS Bridges, certain, repair of '45-53, '51-536 County '72-683, '73-471 County bridges, construction of approaches to '72-683 3l6 APPENDIX. Allegheny County — Continued. COURTS Tolls to be fixed by Ch. 4110 Townships, name of may be changed '35-291 CRESCENT TOWNSHIP— Ferry authorized over Ohio River '72-420 DEER TOWNSHIP— Election of two constables '36-307 DELINQUENT TAXES— Collection of '64-310 DIRECTORS OF THE POOR— Election of '41-263, '53-646, '70-1205 Purchase of farm '53-104 Powers and duties of '41-263, '53-12, 104, '55-243, '59-418 To seize property in case of wife desertion '59-418 Relief of paupers '64-760 DISORDERLY CONDUCT— Two Justices of the Peace to hear cases '68-971 DISPUTED BOUNDARIES-^Settlement of '63-499 DOG TAX '44-513, '51-541 DOGS— Registry of '54-286 DRAINAGE of wet lands '70-197 DRUNKENNESS— Hearing before two Justices of the Peace '68-971 EAST DEER TOWNSHIP— Polling place changed '61-600 Bounty tax authorized '65-213 School loan authorized '68-474 Acts of Bounty Committee legalized '69-575 A vote for and against liquor licenses authorized '72-804 EATING HOUSES regulated '67-509 ELECTION OFFICERS- Compensation of, fixed '32-416, '72-158 ELECTION PRECINCTS defined '68-234 ELECTIONS regulated '64-322 ELIZABETH TOWNSHIP— Additional tax authorized '46-460, '47-425 School Directors to sell real estate '52-472 Election of Supervisors '61-71, '63-135, '69-748 Roads Act of April 5, '71, rep. '79-58 Sale of liquor prohibited '71-815 FAWN TOWNSHIP— Bounty tax authorized '65-279 School loan authorized '67-1208 FAYETTE TOWNSHIP— Special road tax '23-270, '25-101 FINLEY TOWNSHIP— Independent School District '51-457 New election district erected '52-488 New school district erected '52-531 Bounty tax authorized '65-258 Hunting game prohibited '68-274 Sale of liquor prohibited '69-456 LIST OF SPECIAL ACTS. 31/ Allegheny County — Continued. J^•KAJSKL1JM TUWJN SHIP— Cash road tax, Act April 1, '34, repealed '46-239 Boundaries enlarged '46-227 FRUIT— Protection of '53-387, '60-362 Small, to provide for sale of by producers '74-403 GARDENS— Protection of '60-362 HAMPTON TOWNSHIP— Bovinty tax authorized '68-258, '69-606 Annexation of land to McCandless Township, Act March 21, '65, rep. '83-14 HARRISON TOWNSHIP— School loan authorized '67-663 Protection of sheep and taxing of dogs '72-640 A vote for or against liquor licenses, authorized '72-804 HOGS — See Swine HORSES— Prohibited from running at large '62-496 INDIANA TOWNSHIP- Polling places fixed '49-589 Election of Supervisors '52-147, '58-30 Bounty tax authorized '65-213 Enlargement of Lower Guysuta Island '70-780 Part of road tax applied on Sharpsburg and Kittaning T. R. '71-968 Roads Act of April 27, '71, repealed '75-63 JEFFERSON TOWNSHIP— Sale of liquor prohibited. Act of May 13, '71, repealed '91-210 KILLBUCK TOWNSHIP— School loan authorized '69-1179 Roads and bridges '70-644 A vote for or against liquor licenses, authorized '72-804 Issue of liquor licenses to be prohibited '70-1116 School Treasurer authorized to collect school tax '73-312 JElection and duties of Supervisors '73-727 LEET TOWNSHIP— Maintenance of roads '70-328 Issue of liquor licenses prohibited '70-1116 LIBERTY TO WNiSHlP— Construction of sidewalks '67-1282 To ascertain interest in Allegheny County Home '71-1138 LICENSE— Mercantile, granting of '47-495, '49-589 To allow voters of certain townships to vote for or against '72-804 LINCOLN TOWNSHIP— Sale of liquor prohibited, '71-815, Glassport excepted '03-540 School Directors authorized to levy special tax '70-495 Pay of Supervisors Act of April 10th, '73, repealed '79-86 LOWER ST. CLAIR TOWNSHIP— Election of William Wilson, Justice of the Peace, validated '48-10 Annexed to South Pittsburg '48-106 Polling places fixed '53-10 3l8 APPENDIX. Allegheny County — Continued. Boardwalks, penalty for injuring '54-328 Scott Township line changed '62-91 Supervisors, election and duties of '62-140, '72-346 Roads— Act of February 21, '62, repealed '63-168 Bounty tax authorized '65-213 Additional school tax authorized '70-358 Additional tax Act of March 8, '70, repealed '70-958 But one Supervisor to be elected '72-346 MARSHALL TOWNSHIP— Bounty fund transferred to school fund '67-521 M'CANDLESS TOWNSHIP— Polling places fixed '51-427, '52-446 Annexation of land of Benjamin Herr. Act of March 21, '65, repealed '83-14 M'CLURE TOWNSHIP— Bounty tax authorized '55-379, '65-279, 381 Election and duties of Supervisors '65-381 Annexed to Allegheny City '67-979, '70-562, '73-787 School loan authorized '69-497 M'NAIR'S TOWNSHIP— Polling places fixed '51-42 MIFFLIN TOWNSHIP— Roads, repair of, by contract '52-150 Road tax, payment of '32-151 Election of Treasurer '53-427 Erection of town hall '56-268 Bounty tax authorized '65-279 Supervisors, additional '66-598 And duties of '36-307 To regulate sale of liquors '73-576 To prohibit sale of liquors '71-815 MOON TOWNSHIP— Polling places fixed '55-45 Election of Supervisors '57-131 Bounty tax authorized '65-355 Roads and bridges Act of May 11, '71, repealed '87-103 Erection of new election district '52-488 Hunting game prohibited '68-274 MOORE TOWNSHIP— Independent School District '51-457 NEVILLE TOWNSHIP— Polling places fixed '54-357 Bounty tax authorized '66-5 School loan authorized '71-839 NORTH END DISTRICT— Erection of '71-304 NORTH PENN TOWNSHIP— Issue of liquor licenses for, pro- hibited '70-1116 NORTH VERSAILLES TOWNSHIP— Liquor licenses, popular vote authorized '72-804 LIST OF SPECIAL ACTS. 3 19 Allegheny County — Continued. OAKLAND TOWNSHIP— Sidewalks '67-1179 To ascertain interest in Allegheny County Home '71-1138 OHIO TOWNKHIP— Election of Treasurer '53-427 Polling places fixed '54-170 Hoimty tax authorized '65-279 OVERSEERS OF POOR— To give official bond '53-217 Abolished '41-267 Compensation of '56-48 PATTON TOWNSHIP— Polling places fixed '49-589, '51-422 Liquor licenses '69-1022 PAUPERS — Care and employment of. See Constables '41-265, '53-12, 104, '64-760 Disposal of dead bodies of '67-497 PEEBLES TOWNSHIP— To ascertain interest in Allegheny County Home '71-1138 Polling place fixed '40-340 PENN TOWNSHIP— Bounty tax authorized '65-279 iSchool tax authorized to build town hall '73-668 Roads Act of March 18, '69, repealed '81-14 Issue of license for, prohibited '70-1116 PINE TOWNSHIP— Polling place fixed '51-427 Repairs of roads '53-326, repealed '63-168 Bounty tax authorized '65-279 Liquor licenses, popular vote authorized '72-804 PITT TOWNSHIP— Duties of Auditors '44-86-245 Duties of Supervisors '44-85, '46-468 Regulating expenses of roads and poor '59-422 Poorhouse, erection of '59-418 Roadways '44-86 Middle Street changed to Madison Street '64-129 Duties of Supervisors '41-244 Bounty tax authorized '65-213 Treasurer to give bond and collect taxes '41-244, '57-224 To ascertain interest in Allegheny County Home '71-1138 PITTSBURG Birmingham Township — Polling place fixed '42-54 Reserve Township — Polling places fixed '50-414 Part annexed to Allegheny City '67-979, '72-926 Long Lane — Part vacated '55-403 Reserve and McClure Townships — Erected into City Districts '71-304 320 APPENDIX. Allegheny County — Continued. Ross Township — Part of Cross Cut Street, vacated '57-281 Versailles Township — Polling places fixed '50-88 PLUM TOWNSHIP— Polling place fixed '49-589 POLLING PLACES designated '68-234 POOR DIRECTORS— See Directors of the Poor POOR — Guardians of, indenture of children without parents, by '73-773 POOR HOUSE— Erection of. See Insane '41-262, '53-104 REGISTRY OF DOGS '54-286 RENTS, GROUND— Exempt from taxation '71-868 RESERVE TOWNSHIP— Annexation to Allegheny City, of part of '67-979, '72-926 Auditors not to be paid out of township funds '68-917 Election district separate '49-391 Incorporated into a borough '49-390 Part of Long Lane vacated '55-403 Lowrie Street, opening of '71-961 Polling place fixed '44-573 Poor, expenses of '48-226 Roads, expenses of '48-226, '53-259. See '01-389 Separate election district '49-391 School District. See Allegheny City '69-624, '70-327 Sidewalks '70-605 School loan authorized '70-327 Supervisors, pay of oQicial bond of '53-259 RESTAURANTS, regulated '67-509 RICHLAND TOWNSHIP— Popular vote on new township authorized '60-741 Popular vote on liquor licenses authorized '72-804 ROAD TAX— One-half to be worked before September 1st '30-27 ROAD VIEWERS— Appointment and duties of '45-52, '67-1108 Compensation fixed '66-227, '72-669 ROBINSON TOWNSHIP— Election of officers '69-195 Collection of taxes '51-559, '66-195, '67-345 Hunting game prohibited '68-274 Police district created '70-881, '71-985 Sale of liquors '69-407 Sidewalks '69-625 School Directors to erect a lock-up '71-985 ROiSS TOWNSHIP— Election of Supervisors '34-108 Levy of road tax '29-78 Land of Martha S. Irwin annexed '64-876 LIST OF SPECIAL ACTS. 321 Allegheny County — Continued. liounty tax authorized '65-279 iScliool loan authorized '71-1299 SAINT CLAIR TOWNSHIP— Election of constables and other officers '23-53 Election of Supervisors, Assessors and Auditors '31-484, '32-151 Repair of roads Act of April 8th, '33, repealed '35-14 Disorderly persons, prosecution of '71-1039 SCHOOL DIRECTORS— Term of office '66-492 Authorized to levy bounty taxes '66-719 May condemn land for school sites '64-411 SCHOOLS FOR POOR CHILDREN regulated Ch. 5023 SCOTT TOWNSHIP— Lower St. Clair Township line changed '62-91 Supervisors, election and duties of '62-140 Bounty tax authorized '65-258 Hunting game prohibited '68-274 Election of Supervisors and maintenance of roads — Obstructing Highway '69-398 Sale of liquors regulated '69-407 tSidewalks '69-625, rep. '01-131 Better prosecution of disorderly persons '71-1268 Pittsburg and Noblestown Plank Road — Location changed '72-684 SEWICKLEY TOWNSHIP— Polling place fixed— Election of Treas- urer '54-194, 353 SHADE TREES— Planting of '73-823 SHALER TOWNSHIP— Bounty tax authorized '65-301 Boundaries changed '71-941 SNOWDEN TOWNSHIP— Collection of school taxes '51-559 Bounty tax authorized '66-483 SOUTH FAYETTE TOWNSHIP— Additional Supervisors, election of '69-383 Sale of liquor regulated '69-407, '70-1116 Popular vote on liquor licenses '72-804 STRAYS — Advertisement and sale of. See Cattle Ch. 4680 SUPERVISOR— Duties of Act of March 15, '32, repealed '36-307 May appeal from action of Auditors '30-26 To give official bond '53-217 Pay fixed '64-863 SURVEYORS, ROAD— Pay fixed '66 227 Pay of, increased, when witnesses '70-1030, '72-669 And Civil Engineers for County, to be appointed by Court '73-155 Duties of '73-155 SWAJMPS — Drainage of '70-197 SWINE — Prohibited from running at large '62-496 322 APPENDIX. Allegheny Ckiunty — Continued. TAX COLLECTORS— Compensation of '64-863 TAXES — To be a lien on real estate '44-199 Collection of '54-571, '61-230, 390, 450, '64-316 On sales of stock repealed '67-1313 TOWN CLERK— Appointment of Ch. 4680 TOWNSHIPS— Names may be changed by Court '35-291 TRESPASS— By cattle, and damage by Ch. 2981 On orchards, etc. '53-387, '60-362 UNION TOWNSHIP— Hunting game prohibited '68-274 Poot walks '68-274, '69-625 Liquor licenses '69-407 School loan authorized '71-979 UNSEATED LANDS— Collection of taxes on Act of May 1, '61, repealed '63-528, '64-316 UPPER ST. CLAIR TOWNSHIP— School taxes '52-646 Bounty tax authorized '65-279 Bounty fund transferred to school fund '67-917 Powers and duties of road Supervisors defined '73-158 VAGRANTS— Employment of '59-624 Magistrates' costs '61-457 VERSAILLES TOWNSHIP— Additional school tax '49-480 Polling place fixed '54-272 Per capita school tax '65-222 Sale of liquor prohibited '70-1116, '71-815 VIEWERS, ROAD— Compensation fixed '66-227, '72-669 Appointment and duties of '45-52, '76-1108 WEST DEER TOWNSHIP— Election of Supervisors and repair of roads '70-191 Powers of Supervisors to levy taxes '79-678 Popular vote on liquor licenses authorized '72-804 Protection of sheep and taxing of dogs. Act of March 9, '72, repealed '78-51 WET LANDS— Drainage of '70-197 WILKINS TOWNSHIP— Polling place fixed '51-42 Bounty tax authorized '65-355 Rates and levies Act of April 15, '34, repealed '69-978 Roads Act of April 27, '71, repealed '78-24 Issue of license for, prohibited '70-1116, rep. as to East Pittsburg formerly a part of '95-254 LIST OF SPECIAL ACTS. 323 ARMSTRONG COUNTY. Organized from Allegheny, Westmoreland and Lycoming Counties, March 12, 1800. Ch. 2119. ALLEGHENY TOWNSHIP— Separate election district '49-560 Polling place fixed '50-414 (Separate election district Act of March 16, '47, repealed '50-414 Additional Supervisor authorized '61-41 Election of School Directors and Supervisors '67-477 Minimum road tax of two days' work '67-68.5 Additional road tax '68-599 Overseers of Poor and Assistant Assessors, election of '70-187 ALMSHOUSE— See Poorhouse ASSESSORS— Pay fixed. See Taxes '65-635 Duties of, in relation to extra assessments '73-359 BRIDGES AND ROADS '54-561 BUFFALO TOWNSHIP— See North Buffalo, South Buffalo. Election of Constable '31-113 Division of '47-398 BURRELL TOWNSHIP— Polling place fixed '55-5 Acts of County Commissioners legalized — Bounties '68-546 COLLECTORS — See Taxes CONSTABLES— Duties of in relation to collection of taxes '73-358 Costs to be paid before appeal taken '73-126 COWANSHANNOCK TOWNSHIP— Separate election district '49-60 Supervisors Act of April 8, '67, repealed '69-230 DAMAGES — See Road Damages DIRECTORS OF THE POOR— Election and duties of '71-832 DOG TAX Act of April 20, '54, repealed '55-30 Authorized '67-691, '68-403, '70-1107. See '99-251 DRAINAGE of swamps and mines '68-438 ELECTION— Time of holding '45-46 Regulation of '69-205 FENCES— Act of March 27, 1784, repealed. See Act of May 31, '93-185 FRANKLIN TOWNSHIP— Polling places fixed '44-77 Duties of Supervisors '48-429 FRUIT AND GARDENS— Protection of '53-491 INDEPENDENT SCHOOL DISTRICT— At Mellville. Act of April 4, '66, repealed '85-183 At Milton '51-142 21 324 APPENDIX. Armstrong County — Continued. JUSTICE OF THE PEACE— County divided into districts Ch. 3868 Election of '45-528 KliSKlMINETAS TOWNSHIP Election and pay of Supervisors '70-406 KiTTANNING TOWNSHIP. Election of Justices of the Peace '43-'60, 104, 380 Election of school directors and supervisors '69-427 Act relating to supervisors, May 24, '71, repealed '72-129 LAND— Drainage of '68-438 MANOR TOWNSHIP— Separate election district '50-110 Erection of poor house '71-832 MILLVILLE SCHOOL DISTRICT Act repealed '85-183 MILTON INDEPENDENT SCHOOL DISTRICT— Location of '51-142 Erection of '50-186 NORTH BUFFALO TOWNSHIP— Erection of. See Buffalo '47-398 Polling places changed '70-60 Election of supervisors. Act of March 24, '71 repealed '78-36 ORCHARDS— Protection of '53-491 PAUPERS — Care and employment of '71-832 PERRY TOWNSHIP— Boundaries enlarged '43-51 Annexation of land Act of March 11, '50, rep. '57-359 PINE TOWNSHIP— Polling places fixed '42-333 Farm of John Koumerduion annexed to '53-184 School directors of, to pay county indebtedness '69-573 PLUM CREEK TOWNSHIP— Supervisors to open a certain road in '49-396 Four supervisors authorized '54-146 POOR HOUSE— Erection of '71-832 RED BANK TOWNSHIP— Polling places fixed '44-14, 76 Auditors' pay, misdemeanors, supervisors, road tax, township treasurer, unseated land tax '68-207, repealed '01-104 ROAD COMMISSIONERS— Election of '46-265 ROAD DAMAGES '27-326 ROAD VIEWERS— Number, qualification and duties of '60-52 ROADS AND BRIDGES '47-129, '54-561 SCHOOLS— Dog tax authorized for. See Dog Tax '70-1107 SHEEP— To improve breed of. See Dog Tax '45-476 Damages '67-691, '68-403, repealed '99-251, see '01-56 SOUTH BUFFALO TOWNSHIP— Erection of. See Buffalo '47-398 Election of supervisors. Act of March 24, '71, repealed '78-36, '81-104 LIST OF SPECIAL ACTS. 325 Armstrong County — Continued. SUGAR CREEK TOWNSHIP— Separate election district '44-574 Part annexed to Perry To\vnsliip '43-51, '57-359 SUPERVISORS— Pay fixed '65-635 SWAMPS— Drainage of '68-438 SWINE— Act of March 27th, 1784 repealed. See Act of May 31, 1893. TAXES to be collected by County Treasurer. — See Assessor '73-357, '85-204, 1st repealed '95-239 TOWNSHIP AUDITORS— Compensation of '73-180 Election of '56-418 VALLEY TOWNSHIP— Erection of poorhouse '71-832 Polling places fixed '64-649 VIEWERS — (Road and Bridge.) Nxunber, qualifications and duties of '60-52 WAYNE TOWNSHIP— Polling places fixed '50-88 School directors to le\'y tax and pay bounties '73-641 BEAVER CGITNTY. Organized from Allegheny and Washington Coimties, March 12, 1800, Ch. 2119. ALMSHOUSE^See Poorhouse. BIG BEAVER TOWNSHIP— Sale of lots of Commonwealth Ch. 3377, '26-350 To elect four supervisors '45-21 Erection of '50-107 Darlington Township road law extended to '70-705 Roads and supervisors '71-152 Popular vote on act relative to roads '72-855 BOROUGH TOWNSHIP— Preservation of game '46-172 'School loan authorized '62-251 Bounty tax authorized '64-514, '65-402 Part annexed to Bridgewater Borough '68-390, 1118, '69-246 BRIGHTON TOWNSHIP— Election of supervisors '36-97 Separate from Fallstown Borough '31-24 Separate School District '38-612 Preservation of game '46-172 Certain lanes vacated '71-316, '72-598, 798 Certain streets vacated '72-598 Caucuses regulated '79-76 326 APPENDIX. Beaver County — Continued. CHIPPEWA TOWNSHIP— Election of supervisors '42-125 Lands annexed to Patterson township '69-1227 CONSTABLES— Eligibility to re-election '30-117 Duties of in relation to collection of taxes '53-5 DARLINGTON TOWNSHIP— To prevent cattle, etc., from running at large '67-1071 Election of Justices of the Peace '47-136 Land of D. A. McKean annexed to Little Beaver School Dis- trict, Lawrence Coimty '68-1067, '70-317 Roads and Supervisors '71-152, '72-855 Roads Act March 3, '70, and Mar. 31, '70, repealed '73-339 Repealed 1901-193 DIRECTORS OF THE POOR— Election and duties of '44-277, '51-260, '52-280 Authorized to sell land '57-160, repealed '01-193 Pay fixed '66-224, repealed, '01-193 DOGS— Relative to '68-238 ECONOMY TOWNSHIP— Two election districts '44-578 Erection of '51-311 Sale of liquor prohibited '67-440 ELECTIONS— Mode of voting Act of May 5, '54 repealed '56-292 FINES, PENALTIES AND FORFEITS- Certain, to be applied to road repairs '44-281 FRANKLIN TOWNSHIP— Erection of '50-106 Elections regulated '68-513 FRUIT- Protection of '53-387, '61-478, '64-582 GARDENS— Protection of. See Orchards '61-478 GREENE TOWNSHIP— Sale of liquor prohibited '68-333 HANOVER TOWNSHIP— Acceptance of School Law '38-594 Four supervisors authorized '57-130 Supervisors to repair a certain road '28-266, '69-279 Roads— Election of supervisors '69-229, '70-747 HARMONY TOWNSHIP— Erected '51-311 HOPEWELL TOWNSHIP— New school district erected '52-488 Polling place fixed '44-77, '49-114, '54-173, '57-23 INDEPENDENCE TOWNSHIP— Polling place fixed '49-115 New school district erected '51-457, '52-488 Sale of liquor prohibited '67-440 LIST OF SPECIAL ACTS. 327 Beaver County — Continued. INDUSTRY TOWNSHIP— Election districts erected '51-426 Bounty tax authorized '67-883 Sale of liquor prohibited '68-333 Audit of bounty accounts '71-15 LIQUORS— Sale of Act of April 11, '66, repealed '68-184 Sale of, submitted to vote of the people '46-248, '67-924 LITTLE BEAVER TOWNSHIP— Election of supervisors '42-125 Polling place fixed '44-20 MOON TOWNSHIP- Polling place changed '61-32 MURDOCKVILLE INDEPENDENT SCHOOL DISTRICT '68-282 NORTH BEAVER TOWNSHIP— Election of supervisor '34-108 NORTH SEWICKLEY TOWNSHIP— Election of supervisors '33-10 Election districts '40-342, '46-90 Election of constable '35-62 Payment of boimties. Act of April 11, '68, April 9, '72, repealed '74-294 Preservation of game '46-172 OHIO TOWNSHIP— Election of supervisor '39-46 Polling place fixed '60-280 Sale of liquors prohibited '66-337 ORCHARDS— Protection of '53-387, '61-478, '64-582 OVERSEERS OF POOR abolished '51-260 PATTERSON TOWNSHIP— Preservation of game '46-172 Certain lands annexed to, for schools '69-1227 PAUPERS— Care and employment of '44-277, '51-260 POOR DIRECTORS— See Directors of the Poor. POOR HOUSE— Erection of '44-277, '51-260, '52-280 repealed '01-193 PULASKI TOWNSHIP— Opening and maintenance of roads '72-387 Pay of supervisors '69-418 Polling place fixed '54-446 RACCOON TOWNSHIP— Polling place fixed '46-420, '48-56, '50-331 ROAD DAMAGES '44-137 ROAD VIEWERS— Powers and duties of '45-53, '54-62 Artists employed as '45-53, '68-437 Pay fixed '68-437 ROAD TAX— When worked out '30-25 ROADS — Certain fines, etc., to be applied to. See Supervisors '44-281 Opening of '44-137, '54-62 Labor tax on '68-437 ROCHESTER SCHOOL DISTRICT— Erected • '40-341 328 APPENDIX. Beaver County — Continued. ROCHESTER TOWNSHIP— Erection of '40-341 Preservation of game '46-172 Time of holding elections '49-502 SCHOOL DISTRICT— Independent '51-457, '57-62, '68-282 SEWICKLEY TOWNSHIP— Polling place fixed '54-824 SHEEP— To improve the breed of Ch. 3867 SLIPPERY ROCK TOWNSHIP— Polling place fixed '49-557 SOUTH BEAVER TOWNSHIP— Election of supervisors '41-71, '52-47 Polling place fixed '54-173, 824 SUPERVISORS to expend one-half of road tax before Sept. 1 — See Roads '30-25 Not required to give official bond '61-304 Pay fixed '70-354 SURVEYORS— Pay as road viewers '45-53, '68-438 TAXES— Collection of.— See Roads '53-5, '54-600, '63-23, '85-204 See '97-44. TOWNSHIP AUDITORS— Pay fixed '70-354 Election of '30-25 TRESPASS— Fruit '53-387, '61-478, '64-582 VIEWERJS— See Road Viewers. VOTING— See Elections BEDFORD COUNTY. Organized from a part of Cumberland County, March 9, 1771, Ch. 629. AIR TOWNSHIP— Polling place fixed '50-331 ALMSHOUSE— See Poorhouse. APPRAISERS FOR LINE FENCES. Act of March 27th, 1784, re- pealed '73-665 AUGHWICK TOWNSHIP— Polling place fixed '50-331 BEDFORD TOWNSHIP— Cattle running at large. Act April 10th, '73, repealed '74-294 BETHEL TOWNSHIP— Polling place fixed '42-44, '50-331 BRIDGES AND ROADS— Act of April 9, '70, repealed '71-423 BROAD TOP TOWNSHIP— Polling place fixed '49-500, '51-602 Pay of supervisors fixed '64-74 CUMBERLAND VALLEY TOWNSHIP— Polling place fixed '69-374 LIST OF SPECIAL ACTS. 329 Bedford County — Continued. DIRECTORS OF POOR— To levy and collect poor tax '52-285 Authorized to borrow money '56-451 Pay fixed '67-598 To provide for election of '41-124, '70-1122 Sale of poor house property '60-292, '70-1122, '71-803 County commissioners to provide funds for '70-1122, '72-929 DUBLIN TOWNSHIP— Separate election district '49-560 ELECTIONS regulated '50-331 FENCES Act of March 27th, 1784, repealed '73-665 FRUIT— Protection of '54-430, '55-234 HARRISON TOWNSHIP— Polling place fixed '42-50, '67-368 HOGS — See Swine. HOPEWELL TOWNSHIP— Election of constable Ch. 5474 Divided into two election precincts '38-607 Polling place fixed '51-131, '52-286 Sale of bridge '57-356 Pay of supervisors fixed '70-814 JUNIATA TOWNSHIP— Polling place fixed '53-184 JUSTICE OF THE PEACE— County divided into two districts Ch. 3868 Act of February 5, '49 extended '52-198 Duties of, in relation to collection of taxes '68-1017 Defining duties of '72-864 Duties of, in relation to paupers '73-399 LIBERTY TOWNSHIP— Polling place fixed '51-602 LINE FENCES Act of March 27, 1784, repealed '73-665 LONDONDERRY TOWNSHIP— School district enlarged '44-78 Polling place fixed '54-272 MIDDLE WOODBURY TOWNSHIP— Polling place fixed '42-244, '50-414, '51-333 MONROE TOWNSHIP— Polling place fixed '51-40 NAPIER TOWNSHIP— School district enlarged '41-306 Election of constable '25-66, '43-49 School district diminished '63-223, '67-934 Polling place changed '61-694 NORTH WOODBURY TOWNSHIP— Polling place changed '44-577 ORCHARDS— Protection of '54-430, '55-234 OVERSEERS OF THE POOR abolished '41-128 PAUPERS— Care and employment of '41-124 To regulate admission into almshouse '73-399 POOR DIRECTORS— See Directors of the Poor. 330 APPENDIX. Sedford County — Continued. POOR FARM— Title to be in commissioners '72-658 Sale of '60-292, '70-1122, '71-803 POOR FUNDS— How provided '72-929 POOR HOUSE— Erection of '41-124, '42-200, '69-753, '70-585 Sale of Poor House property authorized '60-292 Property, election for or against sale of '70-1122, '71-803 To authorize ejectment of steward in case of removal '72-829 To regulate the admission of paupers to '73-399 POOR TAX— Levy and collection '52-285 RIDGBURY TOWNSHIP— Polling place fixed '44-572 ROADS— Opening and repairs of '54-247, '55-139 And bridges Act April 9, '70, repealed '71-423 To be opened by county in certain cases '73-368 ST. CLAIR TOWNSHIP— Polling place fixed '51-602 SCHOOL TAXES— Collection of '68-1027 SNAKE SPRING TOWNSHIP— To prevent cattle, horses, mules, sheep, goats and swine from running at large '73-621, '74-294 SOUTHAMPTON TOWNSHIP— Polling place fixed '42-322 Divided into three election districts '73-740 SOUTH WOODBURY TOWNSHIP— Polling place fixed '42-49, '44-573, '49-559, '51-265, '52-274 SUPERVISORS— Duties of, relative to paupers '41-128 Settlement of accounts of '32-252 Expenses of '71-1307 SWINE Act of March 27th, 1784, repealed '73-665 TAXES — Directors of poor to levy and collect. See Directors of the Poor — Justices of the Peace '52-285 Collection of '68-1017, '85-204, See '01-393-395 School, collection of '68-1027, repealed '95-56 TOD TOWNSHIP— Polling place fixed '50-331 TOWNSHIP AUDITORS— Duties of '32-252 TRESPASS— On orchards, etc. '54-430, '55-234 UNION TOWNSHIP— Polling place fixed '44-574 LIST OF SPECIAL ACTS. 331 BERKS COUNTY. Organized from parts of Philadelphia, Chester and Lancaster Counties, March 11, 1752, Ch. 392. ALBANY TOWNSHIP— Collection of taxes '64-92 Koads and bridges '46-108 Bounty tax authorized '65-615, '68-589 ALMSHOUSE— See Poorhouse. ALSACE TOWNSHIP— Part annexed to Cumru Township '50-441 Polling place fixed '51-149 Sale of School house '52-527 Boundaries changed '58-216 Bounty tax authorized '64-1025 Collection of taxes '71-567 AMITY TOWNSHIP— Taxes to be collected by lowest bidder '48-444 School loan authorized '51-240 Part annexed to Oley Township '52-154 ASSESSORS Act of July 7, '42, repealed '47-133 Pay fixed '65-290, 609 To commence their duties first Monday in April '71-1299 ASiSlSTANT ASSESSORS— Pay fixed '69-581 AUDITORS— See Township Auditors. Appointed by Court, pay fixed '45-358 For special examination of county accounts '55-326, '61-3 BERN TOWNSHIP— Polling place fixed, '42-45, 326, '43-48, '49-560, '50-703 To prevent cattle, etc., from rimning at large '71-1293 Collection of taxes '51-667 BETHEL TOWNSHIP— Taxes to be collected by lowest bidder '52-154 BRECKNOCK TOWNSHIP— Taxes to be collected by lowest bidder, '52-387 Sale of school house '52-456 Surplus of bounty funds '68-214 BRIDGE VIEWERS— How paid '44-103, '53-120 CAERNARVON TOWNSHIP— Polling place fixed '42-108, 337, '44-21 Supervisors authorized to subscribe for turnpike road stock '47-293 Elections regulated '52-709 Assessor to act as constable '67-422 CENTRE TOWNSHIP— Separate election district '43-54 Collection of taxes by lowest bidder '52-155 332 APPENDIX. Berks County — Continued. COLEBROOKDALE TOWNSHIP— Road damages '45-328, '47-95 Collection of taxes '51-242 Bounty tax authorized '64-1025 COUNTY COMMISSIONERS— Act of, to be examined '55-326 Boundaries, road and township, to be recorded Ch. 3284 Road tax in Cumru Township, to be paid by '48-338 CUMRU TOWNSHIP— Real estate of county, liable for road tax '48-338 Part of Alsace Township, annexed to '50-441 Polling places fixed '53-121 DIRECTORS OF POOR— Authorized to administer oaths '27-159 To fix fees for conveying paupers '50-209 Authorized to lease Poorhouse lands '68-1060 Pay fixed '65-609, '69-581. See '97-42 May appropriate money for Reading dispensary '72-101 DISTRICT TOWNSHIP— Collection of taxes '68-395 DOG TAX '67-882 DOGS— Hunting deer with, prohibited '59-220 DOUGLASS TOWNSHIP School trustees authorized to sell lands '27-334 Lowest bidder to collect taxes '48-444 Polling place fixed '50-466 EARL TOWNSHIP— Bounty tax authorized '66-972 ELECTIONS regulated ' '51-450, '73-475 EXETER TOWNSHIP— Polling place fixed '50-413 Collection of taxes by lowest bidder '52-155 To prevent cattle, etc., from running at large '71-1293 FRUIT— Protection of '55-55, '60-362 GARDENS— Protection of '55-55, '60-362 GREENWICH TOWNSHIP— Collection of taxes '51-243 Polling place fLxed '53-294 Bounty tax authorized '65-615 HAYCREEK TOWNSHIP— Erection of '46-54 HEIDELBERG TOWNSHIP— Election of constable '25-66 Separate district '36-20 Polling place fixed '43-55, '44-573, '54-872 HEREFORD TOWNSHIP— Polling place fixed '42-43 Lowest bidder to collect taxes '54-249 JEFFERSON TOWNSHIP— Polling place fixed '52-127 Collection of taxes '52-155, '64-365 Bounty tax act repealed '67-899 Cattle, etc., running at large '71-1279 LIST OF SPECIAL ACTS. 333 Berks County — Continued. JUSTICE OF THE PEACE — County divided into districts Ch. 3868 Duties of, in relation to paupers '24-204 LONGSWAMP TOWNSHIP— Polling place fixed '42-333 Lowest bidder to collect taxes '52-154 LOWER HEIDELBURG TOWNSHIP— Polling place fixed '44-80, '50-413 To prevent cattle, etc., from running at large '71-1293 MAIDEN CREEK TOWNSHIP— Lowest bidder to collect taxes '48-444 To prevent cattle, etc., from running at large '66-562, '70-1125 MARION TOWNSHIP— Polling place fixed '44-243 Erection of new townsbip '45-43 Assessors to collect taxes '65-291 MAXATAWNY TOWNSHIP— Collection of taxes '51-243, '63-217 Erection of school district '61-247 Protection of a certain sidewalk '63-386 Levy of road tax '63-256 Footpath across Saccony creek, protection of '70-606 To prevent cattle, etc., from running at large '70-1170, '71-1295 MUHLENBURG TOWNSHIP— Polling place fixed '51-43 Collection of taxes '51-240 Supervisors to give bonds '51-240 School loan authorized '52-38 NORTH HEIDELBURG TOWNSHIP— Polling place fixed '51-450 Bounty tax Act of March 26, '67, repealed, '68-912 Cattle, etc., running at large '69-1152, '71-1323 OLEY TOWNSHIP— Lowest bidder to collect taxes '48-444 School loan authorized '51-240 Part of Ruscomb Manor annexed to '51-242 Part of Amity Township annexed to '52-154 Construction of certain drain '51-497, '68-1058 Moravian School Association '39-139, '67-1010, '71-982 Odd Fellows Hall exempted from taxation '69-1320 ONTELAUNEE TOWNSHIP^See Supervisors Act of April 14, '53, repealed, '66-159 Separate election district '50-113, 172 Collection of taxes '70-395 Cattle, etc., prohibited from running at large '66-562, '70-1125 ORCHARDS— Protection of '55-55, '60-362 OVERSEER OF POOR abolished '24-204 PAUPERS— Maintenance of Ch. 3714, '24-204 Care and employment of '24-204, '50-209 334 APPENDIX. Berks County — Continued. PENN TOWNSHIP— Separate election district '42-45, 451 Collection of taxes by lowest bidder '52-155 Bounty tax authorized '63-183 Taxes to be collected by assessor '70-890 To prevent cattle, etc., from running at large '70-1170 PERRY TOWNSHIP— Erection of '50-142 Lowest bidder to collect taxes '53-401 PIKE TOWNSHIP— Polling place changed '43-56 POOR DIRECTORS— See Directors of Poor— Paupers. POORHOUJSE— Erection of '24-204 Lands adjoining may be leased for mining purposes '68-1060 RICHMOND TOWNSHIP— Lowest bidder to collect taxes '54-249 Bounty tax authorized '64-1025 Cattle, etc., running at large '70-1170 ROAD TAX— One-half to be worked out before Sept. 1st '30-27 ROADS — Opening and repair of '56-454 ROAD SURVEYS to be recorded Ch. 3284 ROAD VIEWERS— Expenses of '44-103, '53-120 ROBESON TOWNSHIP— Part annexed to Union Township '34-480 Erection of new townships '46-54 St. John's Church '51-450 Supervisors to subscribe for turnpike road stock '47-293 Collection of taxes '63-217 Lowest bidder to collect school taxes '66-213 ROCKLAND TOWNSHIP— Lowest bidder to collect taxes '53-121 RUSCOMBMANOR TOWNSHIP— Part annexed to Oley Township '51-242 Collection of taxes '52-154, '62-130 SHEEP— See Dog Tax. SPRING TOWNSHIP— Polling place fixed '51-148 Collection of taxes Act of April 23, '52, repealed '54-272 Collection of taxes by lowest bidder '52-387 Cattle, etc., running at large '71-1293 SUPERVISORS to take charge of Little Conestoga Turnpike Road, '42-328 May appeal from finding of Auditors '30-27 Pay fixed '65-609, '69-581 TAXES — See Assessors. TOWN CLERK— Election of Ch. 3899 TOWNSHIP AUDITORS— Pay fixed '65-609, '69-581 Election of '30-27 Supervisors may appeal from '30-27 LIST OF SPECIAL ACTS. 335 Berks County — Continued. TOWNSHIP LINES to be recorded Ch. 3284 Survey of '45-358, '51-498 TKESFASS on orchards, gardens, etc., penalty for '55-55, '60-362 UNION TOWNSHIP— Part of Robeson Township annexed to '34-480 Polling place fixed '42-53, 326 Elections regulated '44-78 Supervisors authorized to subscribe for turnpike road stock '47-293 Collection of taxes by lowest bidder '52-155 UPPER BERN TOWNSHIP— Polling place fixed '42-45 UPPER HEIDELBURG TOWNSHIP— Polling place fixed '54-872 UPPER TULPEHOCKEN TOWNSHIP— Polling place fixed '52-128 Election of Justice of the Peace '44-576 Schools '56-274 Erection of new township '45-43 VIEWS — Road and bridge, how expenses paid '44-103, '53-120 VOTERS— See Elections. WASHINGTON TOWNSHIP— Bounty tax authorized '64-1025 Collection of taxes by lowest bidder '52-155 WINDSOR TOWNSHIP— Part annexed to Hamburg '38-562 BLAIR COUNTY. Organized from parts of Huntingdon and Bedford Counties, February 26, 1846, P. L. Page 64. ALLEGHENY TOWNSHIP— Pay of supervisors and auditors fixed, '65-654 Cash road taxes, repair of roads by contract '51-401, '52-146 Swine running at large '6T-738, '69-811 Polling places fixed '51-12 Boundaries extended '52-253 ANTIS TO^VNSHIP— Road taxes '50-323, '52-146 Bounty tax authorized '66-834 Supervisors' and Auditors' pay fixed '68-601 BLAIR TOWNSHIP— Part of, attached to Hollidaysburg School District '46-227, '52-302 Hunting deer with dogs prohibited '52-300, '57-606 Part attached to Allegheny Township '52-253 Swine running at large Act of April II, '66, repealed '70-123 CATHARINE TOWNSHIP— Independent School District erected '70-1084 DIRECTORS OF THE POOR— Election and duties of '48-323 Pay fixed '52-377, 446, '57-606 Sale of Poor Farm '52-254 336 APPENDIX. Blair County — Continued. DOGS— Hunting deer with, prohibited '57-606 Taxation of Act of May 20, '57, repealed '59-192 distribution of proceeds '65-196 ELECTION— Time of holding '48-196 FRANKSTOWN TOWNSHIP— Separate School District '37-263 Hunting deer with dogs, prohibited '53-300, '57-606 Certain lands annexed to, for schools '63-253 FKUIT- Protection of '55-169, 234, '61-478 GREENFIELD TOWNSHIP— Polling place fixed '52-68 Dog tax repealed '58-312 HOGS — See Swine. HUSTON TOWNSHIP— Hunting deer with dogs prohibited '52-300 JUNIATA TOWNSHIP— Election of Justice of the Peace '49-133 Polling place fixed '54-194, 272 Dox tax repealed '58-312 LOGAN TOWNSHIP— Polling place fixed '51-49 Hunting deer with dogs prohibited '54-831 Auction sales regulated '63-561 Pay of supervisor fixed '67-675 NORTH WOODBURY TOWNSHIP— Hunting deer with dogs prohib- ited '52-300, '57-606 Dog tax repealed '58-312 Bounty tax authorized '66-284 Sale of liquor near ore mines '72-898 ORCHARDS— Protection of '55-169, 234, '61-478 OVERSEERS OF THE POOR abolished '48-326 POOR DIRECTORS— See Directors of the Poor. POOR HOUSE— Election of '47-326, '48-323 ROAD AND BRIDGE VIEWERS— Pay fixed '57-606 SCHOOL DIRECTORS may condemn land for school houses '65-582 SHEEP Act of May 20, '57, repealed '59-192 SNYDER TOWNSHIP— Polling place fixed '52-146 Dog tax repealed '58-312 Pay of supervisors and auditors fixed '69-601 To prevent growth of noxious weeds '70-998 SWINE— Running at large Act of April 11, '66, repealed '70-123 TAYLOR TOWNSHIP— Dog tax repealed '58-312 TRESPASS ON ORCHARDS, GARDENS, ETC.— Penalty for '55-169, 234, '61-478 LIST OF SPECIAL ACTS. 33/ Slair County — Continued. TYRONE TOWNSHIP— Polling place fixed '49-555 Cash road tax authorized '67-1050 To prevent growth of noxious weeds '70-998 VIEWERS— Road and Bridge— Pay fixed '57-606 WOODBURY TOWNSHIP— Road taxes Act of April 2, '50, repealed '52-206 Polling place fixed '49-558, '52-37 BRADFORD COUNTY. Ontario Coimty, organized from parts of Luzerne and Lycoming Coun- ties, February 21, 1810. Chap. 3147; name changed to Bradford County in 1812. Chapter 3513. ALBANY TOWNSHIP— Polling place fixed, '30-312, '43-56, '48-461, '52-38 ALMSHOUSE— See Poorhouse. ARMENIA TOWNSHIP— Polling place fixed '44-78, '47-151, '48-57 Separate election district '44-19 Elections regulated - '46-21 ASSESSORS not required to attend elections '44-220 ASYLUM TOWNSHIP— Time fixed for settlement of accounts '36-448 Polling place fixed '40-339, '44-574 Assessment of taxes in '50-30 Erection of poorhouse authorized '63-234, '72-818 ATHENS TOWNSHIP— Additional constable in Milltown '29-340 Sale of lands by trustees confirmed '27-147, '35-222, '43-179 Election, borough, time of holding, '42-333 Election of trustees '35-320, '58-75 Polling places fixed '24-232, '53-404 Boundaries extended '55-294 Dog tax '65-720, '73-489, '83-165 School Purposes — Dog taxes for '65-720 Sheep— Protection of '73-489, '83-165 Tax, dog '65-720, '73-489, '83-165 Trustee authorized to sell land '27-147, '35-222, '43-179 Trustees— Township, election of '35-220, 58-75 Town Hall — Road Commissioners to erect '73-400 BARCLAY TOWNSHIP— Assessment and collection of taxes '71-971 BRIDGE VIEWERS— Appointment of '65-203 338 APPENDIX. Bradford County — Continued. BRIDGES— How repaired. See North Branch Canal '44-200 Approaches to, when to be built by County '69-47 Act of March 18, '69 repealed '70-146 Act of June 13, '36, repealed '70-281, '91-24 In what cases the County to build '70-146, 1308, 73-396 Over North Branch Canal 70-1308 BURLINGTON TOWNSHIP '26-405, '38-611 CANADA THISTLES Act of March 22, '62, repealed, '67-608 CANTON TOWNSHIP— Polling place fixed '33-416, '54-3, 58-1 Auditors to meet first Monday in May '66-817 Surplus bounty fund '68-638 CATTLE— Prohibited from running at large '64-369 Protection of, from railroad " '69-1125 COLLECTOR— See Taxes. COLUMBIA TOWNSHIP— Election of constables '31-468, '47-427 Surplus bounty funds '69-361 COUNTY BRIDGES. Act of March 18, '69, repealed, '70-146, 1308, '73-396 Court, Grand Jury and County Commissioners to act on peti- tions for '70-146 DAMAGES — See Roads. DRAINAGE of wet and spouty lands '63-293 DURELL TOWNSHIP— Election legalized '43-375 Polling place fixed '43-48, '49-558 ELECTION OFFICERS— Compensation of '47-422, '70-843, '73-146 ELECTIONS— Time of holding '39-598, '40-76, '47-58, '64-20, 743 Tickets, form of '49-89 Regulated '44-220, '51-275, '64-743 FRANKLIN TOWNSHIP— Time of holding township elections '36-97 Polling place fixed '36-439 Application of unseated land tax '41-361 Taxes Act of May 6, '41, repealed '44-138 FRUIT— Protection of '55-55, '61-478 GARDENS— Protection of '55-55, '61-478 GRANVILLE TOWNSHIP— Polling place fixed '31-482, '44-574 Re-audit of accounts '58-157 HERRICK TOWNSHIP— Polling place fixed '38-606, '50-87 Road commissioners to have jurisdiction over State road '61-202 Bounty tax authorized '65-513 School tax '51-675 HOGS — See Swine. LIST OF SPECIAL ACTS. 339 Bradford County — Continued. HORSES prohibited from running at large '64-369 Protection of from railroads '69-1125 JUSTICE OF THE PEACE— County divided into districts Ch. 3868 LAND— Drainage of '63-293 To prevent overflow of '69-170 LEROY TOWNSHIP— Duties of supervisors '44-138 Polling place jfixed '36-440 LITCHFIELD TOWNSHIP— Polling place fixed '52-8 MONROE TOWNSHIP— Application of unseated land tax, '36-440, '41-361 Erection of Poorhouse '63-234 Certain dockets of Justices of the Peace '63-485 MULES— Prohibited from running at large '64-369 NORTH TOWANDA TOWNSHIP— Polling place fixed '53-8 ORWELL TOWNSHIP— Polling place fixed '54-349, '59-1 OVERTON TOWNSHIP— Polling place fixed '53-182 Election validated '53-729 Assessment of unseated lands '61-538 PATHMASTERS— Appointment and duties of '44-200, '67-273 PAUPERS— Care and employment of '60-113, '61-555 PIKE TOWNSHIP— Polling place fixed '54-107, '64-39 Two constables to be elected '73-395 Collection of school tax '74-404 POOR HOUSE— Erection of '60-113, '61-555 Election for or against erection of '70-1013 POOR TAXES '60-113 POLLS— When to be closed '64-743 RIDGEBURY TOWNSHIP— Appointment of Justice of the Peace '29-51 Polling place fixed '26-401, '39-595, '41-69, '45-151 Bounty tax authorized '66-493 Road commissioners to add penalty to unpaid taxes '70-868 Authorized to erect a town hall '73-684 ROAD COMMISSIONERS— Election powers and duties of See Supervisors '44-200, '45-202, '46-199 To improve State road from Pennsboro to Meansville '26-272 To view and lay out private roads '52-344 May change location of roads '52-622 Jurisdiction extended to State roads '65-302 When road extends through more than one township '57-204 Pay fixed '67-456, '68-555 Appeal from decision of '68-1004 Act of February 27, '67, repealed '69-121 To repair bridges Act of March 18, '69, repealed, '70-146 22 340 APPENDIX. Bradford County — Continued. ROAD DAMAGES Acts of May 6, '52 and March 13, '46 repealed '55-381 ROAD over Moosic Mountain, improvement of Ch. 4171 ROADS— Alteration and opening '46-199, '52-622 Vacation of, in two townships '57-204 ROADS, HIGHWAYS AND BRIDGES— See Pathmasters. Act June 13, '36, repealed, '70-281, '91-24 Private '52-344 ROAD TAX ON UNSEATED LANDS '26-272, '27-405, '44-137, '45-201, '46-199 Supervisors authorized to levy ten mills Ch. 4373 Collection of '44-200 Minimum to be one day's work '67-273, '69-121 ROME TOWNSHIP— Polling place fixed '52-47 Dog tax repealed '54-291 May erect school building in Rome Borough '68-653, '69-666 feCHOOL HOUSES— Appointment of viewers of '43-77 SHEEP— To improve the breed of Ch. 3779 Prohibited from running at large Ch, 3779 '64-369 Protection of, from railroads '69-1125 SHESHEQUIN TOWNSHIP— Act to annex A. B. Smith's island, repealed '40-271 Polling place fixed '31-483 Construction of sidewalks '66-673, '67-1223 SMITHFIELD TOWNSHIP— School loan authorized '71-598 Road tax on unseated lands '27-405 Polling place fixed '42-55 Protection of sheep and taxing of dogs '73-489, '83-165 Application of surplus bounty fund '66-700 Election of School Directors Act of June 2, '71, rep. '73-532 SOUTH CREEK TOWNSHIP— Polling place fixed '44-577, '62-96 25 per cent, penalty on delinquent road taxes '71-867 SOUTH TOWANDA TOWNSHIP— Erection of Poor House. See To- wanda '63-234 Polling place fixed '52-47 Qualifications of constable '52-48 SPRINGFIELD TOWNSHIP— Partition of land in which Common- wealth is part owner '29-134 Polling place fixed '45-525, '51-427 SPRING HILL TOWNSHIP— Name of Tuscarora changed to '44-541, '51-427 LIST OF SPECIAL ACTS. 341 Bradford County — Continued. STANDING 5T0NE TOWNSHIP— Separate election district '42-49 Officers hold over '42-197 Polling place fixed '44-574 STATE ROADS — Road Commissioners to have jurisdiction of '65-302 STRAYS — Horses, cattle, sheep and swine running at large '64-369 SUPERVISORS— Election of '32-418, '35-40 Authorized to lay ten mill road tax. See Road Commissioners Ch. 4873 SWAMPS— Drainage of '63-293 SWINE— Prohibited from running at large '64-369 Protection of, from railroads '69-1125 TAX — Unseated land, collection of Ch. 4565, '44-137, 220 '46-201, '47-253, '67-214 '70-282 Road, collection of '44-200 Township, assessment and collection of '46-199, '52-622 Poor '60-113 Road, minimum of one day's work '67-273, '69-121 Sales '67-214, '70-282 TAX COLLECTOR'S OATH on return of unseated land to be con- clusive '67-214 TERRY TOWNSHIP— Polling place fixed '60-145 THISTLES, CANADA— To prevent spread of '67-608 TICKETS— Election, form of '49-89 TOWANDA TOWNSHIP— Separate assessment district. See South Towanda— North Towanda '39-59 Polling place fixed '40-338, '42-333, '44-18, '52-8 Eire apparatus '59-349 TOWN CLERK— Election, duties and pay of '32-418 TOWNSHIP AUDITORS— Pay fixed '67-456, '68-555 Time of meeting '55-483 TOWNSHIP OFFICERS— Election of '39-598 Power of, over Susquehanna & Tioga Turnpike Road '69-325 TOWNSHIP TAXES— Assessment and collection of '46-199, '52-622 TRESPASS on orchards, gardens, etc., penalty for '55-55, '61-478 TROY TOWNSHIP— Roads not opened declared vacant '69-1057 Polling place fixed '48-366 TUSCARORA TOWNSHIP— Elections regulated '53-167 Name changed '42-541, '44-541, '51-427 Taxation of dogs for protection of sheep '69-1115, see '95-398 Road Commissioners to act under sheep law '70-910 342 APPENDIX. Bradford County — Continued. ULSTER TOWNSHIP— Island of Alanson B. Smith annexed to '40-271 rolling place fixed '28-391, '38-595 Methodist Episcopal Parsonage exempted from taxation '73-1082 UNSEATED LAND TAX— Collection of Ch. 4565, '44-137, 220, '45-201, '47-253, '67-214 '70-282 Tax Collector's oath on return of, to be conclusive '67-214 Koad taxes on, appropriated to a certain road '26-272 Taxes on '27-404, 405, '44-200, '45-201, '46-199 Of Isaac Barclay's heirs, taxes on '44-137, 607 Sale of '67-214, '70-282 VACATION OF ROADS lying in two townships '57-204 VIEWERS OF DRAINS for wet and spouty lands— Duties of '63-293 Of school house sites '43-77 Bridge, appointment of '65-203 VOTERS — See Elections VOTING— Form of tickets '49-89 WARREN TOWNSHIP— Polling place fixed '40-338 WET LANDS— Drainage of '63-293 WELLS TOWNSHIP— Polling place fixed '48-365 WILMOT TOWNSHIP— Assessment of taxes '50-30 Collection of taxes. See Road Tax '44-137, '47-253 Separate election district '50-30 Polling place fixed '54-247 Hunting deer with dogs '65-476 WINDHAM TOWNSHIP— Polling place fixed '53-466 WYALUSING TOWNSHIP— Settlement with Auditors— election of Supervisors '42-195 Polling place fixed '45-525, '53-294 Use of billiard tables, bowling alleys, dice or card tables pro- hibited '72-751 Second Presbyterian parsonage exempted from taxation '73-108 Dog tax Acts of April 3, '72, and April 2, '73, repealed '83-165 WYSOX TOWNSHIP— School Directors may institute suits '39-578 Polling place fixed '42-195, '44-577 Election of Supervisors '44-18 LIST OF SPECIAL ACTS. 343 BUCKS COUNTY. One of the three original coimties organized in 1682. BENSALEM TOWNSHIP— Bounty tax authorized '65-442 School Directors authorized to hold Red Lion School property in Philadelphia '69-537 BRISTOL TOWNSHIP— Election of constable '40-348 Dog tax '64-849 Drainage of Birch Pond '55-419 Pennsylvania Hall exempted from taxation '69-558 Collection of school taxes '70-179. Bee '01-395 BUCKING HA M TOWNSHIP— Two additional Supervisors authorized '66-772 Water Company '48-389, '52-1^8 Collection of school tax '69-802, '01-394 COMMISSION on tax collecting. See Taxes '44-110 DIRECTORS OF THE POOR— Election and duties of Ch. 2849, 2865 '46-338 Authorized to convey land of Jacob Fox Ch. 4422 Compensation of Ch. 5233, '65-107 DOG TAX Ch. 3048, 4597, repealed '25-226 Applied to county purposes '31-323 DOYLESTOWN TOWNSHIP— Polling place fixed '41-70, '48-56 Collection of school tax '67-845 DRAINAGE of wet lands '64-459 DURHAM TOWNSHIP— Bounty tax authorized '65-526 Taxes to be collected by lowest bidder *47-395 Elections regulated '53-30 ELECTION OF OFFICERS— Appointment of '74-54 FALLS TOWNSHIP— Free school established Ch. 2781 Fencing Brown's grave yard '55-401 Dog tax repealed '58-23 Tax on dogs '64-849 Bounty tax authorized '65-442 Collection of school tax '69-802, repealed, '99-230. See '01-395 FRUIT— Protection of '55-234 GARDENS— Protection of '55-234 HAYCOCK TOWNSHIP— Sale of school house '53-411 Supervisors to give official bond '54-469 Bounty tax authorized '66-807 Additional Supervisor Act of March 3, '68, repealed '69-1048 Annuities granted to be used for schools '63-105 344 APPENDIX. Bucks County — Continued. HILLTOWN TOWNSHIP— Part embraced in Line Lexington Inde- pendent iSchool District '73-535| HOGS — ^See Swine HORSES prohibited running at large '65-444, '66-23^ INDEPENDENT LINE LEXINGTON SCHOOL DISTRICT erected '73-535 JUSTICE OF THE PEACE— Duties of in relation to paupers Ch. 5233 Duties of in relation to collection of taxes '64-177 Fees fixed Ch. 5233, '64-365, '65-26 Allowed 4 per cent, for collection of taxes '67-201 Fees may be exacted before appeal is taken '73-360 Not to hold inquests '73-348 LAND— Drainage of '64-459 LINE LEXINGTON SCHOOL DISTRICT erected '73-535 LOWER MAKEFIELD— Dog tax repealed '58-23 Tax on dogs '64-849 Collection of school tax, '69-802. See '01-394 MIDDLETOWN TOWNSHIP— Dog tax repealed '57-413 Bounty tax authorized '65-442 MILFORD TOWNSHIP— Polling place changed '48-367, '54-152 Bounty tax authorized '66-216 NEW BRITAIN TOWNSHIP— Acceptance of common school law '43-388 Polling place fixed '49-545 Bounty tax authorized '65-442 Part of, embraced in Line Lexington Independent School Dis- trict '73-535 NEWTOWN TOWNSHIP— Polling place fixed '40-340 Erection of town hall '42-181 Annual statements — Vacancies, how filled '42-54 Time of holding borough elections '42-54 *School funds consolidated '58-94 Loan authorized '71-33 Dog tax repealed '58-145 NORTHAMPTON TOWNSHIP— Division of '43-384, '53-29 Relative to collection of school taxes '72-694 To subscribe for turnpike road stock '44-301 NOCKAMIXON TOWNSHIP— Division of '42-38 Bounty tax authorized '65-229 Lowest bidder to collect taxes '54-580 Election of township officers '57-578 OFFICERS— Election and duties of '35-537 ORCHARDS— Protection of '55-234 LIST OF SPECIAL ACTS. 345 Bucks County — Continued. OVERSEERS OF THE POOR abolished Ch. 2849 PAUPERS— Settlement of Ch. 5233 Care and employment of Ch. 2849, 2865, '25-79, '46-333 PLANK WALKS '69-1038 POINT PLEASANT SCHOOL DISTRICT— Act repealed '52-151 POOR— Requirements of '46-338 POOR DIRECTORS — See Directors of the Poor POOR HOUSE— Erection of Ch. 2849, '25-79 RICHLAND TOWNSHIP— Polling place fixed '38-610 Sale of school house '53-411 Tax on money at interest '51-212 Bounty tax authorized '66-405 ROAD DAMAGES '57-366 ROAD VIEWS— How paid '44-103 ROAD VIEWERS— Pay and duties of '57-297, 366 Appointment of '55-419 ROCKHILL TOWNSHIP— Bounty tax authorized '66-407 Sale of school house '60-547 Polling places fixed '70-357 SCHOOL DIRECTORS authorized to levy a bounty tax '66-257 SIDEWALKS in unincorporated towns and villages '69-1033 SOLEBURY TOWNSHIP— Polling place to be decided by an election '49-556 Supervisors to pay for polling place '49-556 Election of Supervisors '51-84 Bounty tax authorized '66-776 Pay of Supervisors '67-325 Collection of school tax '69-329, '71-1197, see '99, 230, '01, 393, 398 SOUTHAMPTON TOWNSHIP— Erection of school house '52-512 To subscribe for turnpike road stock '44-301 SPOUTY LANDS— Drainage of '64-459 SPRINGFIELD TOWNSHIP— Collection of taxes '47-395 Divided into four road districts '50-85 Bounty tax authorized '65-442, '66-401, '67-492 STRAYS — Impounding and sale of Ch. 5865 SUPERVISORS— Duties of— in relation to paupers Ch. 2849, '25-79, '51-84 To act as overseers of the poor '25-79 To fix fees of Township Treasurer '34-555 To give official bond '55-488 Pay fixed '67-613 SWAMPS- Drainage of '64-459 346 APPENDIX. Bucks County — Continued. SWINE— Prohibited running at large Ch. 158, '65-444, '66-23 TAXES— Assessment of '28-239, '35-45 Commission fixed '44-110 Collection of Act of April 15, '34, repealed '45-334 Collection of '28-239, '59-294, '64-177, '67-201, '68-588, '73-604 «ee '01-391 TINICUM TOWNSHIP— Polling place fixed '51-603 Bounty tax authorized '67-492 Numbers of Supervisors fixed '67-434, '69-1174 TOWN CLERKS— Election of Ch. 2865 TOWNSHIP AUDITORS— Pay fixed '65-107 TOWNSHIP TREASURER— Fees '34-555 Abolished '35-46 UPI'ER MAKEFIELD TOWNSHIP— Election of Supervisors '42-54 Overseers of Poor and Supervisors to give official bond '52-656 Dog tax '55-344 VIEWS— Bridge and road, how paid '44-103, '57-297, 366 VILLAGES— Sidewalks in '69-1038 VOTERS— See Elections. WET LANDS— Drainage of '64-459 WRIGHTSTOWN TOWNSHIP— To prevent growth of noxious weeds '69-684 Collection of school tax '69-802. See '01-394 To prevent cattle, etc. from running at large '70-489 Dogs taxed for school purposes '70-1015 BUTLER COUNTY. Organized from part of Allegheny County, March 12, 1800. Ch. 2119. ADAMS TOWNSHIP— Polling place fixed '54-313 Cranberry Township line defined '63-417 Cattle, etc. rimning at large '66-737 Bounty tax '66-908 ALLEGHENY TOWNSHIP— Polling place fixed '54-312 Land of E. Robinson attached to Hovey School District in Arm- strong County '67-1552 ASSESSORS— Election of '46-92 BRADY TOWNSHIP— Polling place fixed '54-313 Bounty tax authorized '67-185, 1075, 1555 Worth Township road law extended to '70-406 BRIDGES to be erected by contract '46-292 Over BuflFalo Creek at Freeport declared a county bridge '62-139 County, Supervisors to remove driftwood from '66-257 LIST OF SPECIAL ACTS. 347 Butler County — Continued. BUFFALO TOWNSHIP— Polling place fixed '54-312 Cattle, horses, sheep and swine running at large '72-280 Kepairing roads by contract — Election of Road Commissioners '73-628 Koads — ^All local acts passed since '36 repealed '78-25 BUTLER TOWNSHIP— Polling place fixed. See South Butler- North Butler '49-545, '50-26, 111, '51-533, '54-312 Bounty tax Act repealed '65-117 Cattle, etc. running at large 69-670, '70-431 CASH ROAD TAX '52-526 CENTER TOWNSHIP— Polling place fixed '44-21, '54-312 Boimty tax Act of February 18, '65, repealed '65-201 Bounty tax authorized '68-441 Relative to roads '72-668 CHERRY TOWNSHIP— Erection of '40-79 Slippery Rock Township line established '42-334 Polling place fixed '44-75, '64-22 CLAY TOWNSHIP— Polling place fixed '54-313 Roads Act of March 24, '73, repealed '81-69 CLEARFIELD TOWNSHIP— Polling place fixed '54-312 CLINTON TOWNSHIP— Polling place fixed '54-312 Bounty tax Act of March 23, '65, repealed '66-261 Duties of Road Commissioners and maintenance of roads '69-668 Money road tax authorized '71-716 CONCORD TOWNSHIP— Polling place fixed '69-708 CONNOQUENESSING TOWNSHIP— Election of additional constable '29-84 Division of — Two constables to be elected 42-325 Fishing regulated '48-224 Polling place fixed '54-313 Bounty tax authorized '66-908 Surplus bounty '70-695 Cattle, horses, sheep and swine riuining at large '71-102 Roads Act extending Worth Township road law repealed '73-745 CRANBERRY TOWNSHIP— Polling place fixed '54-313 Adams Township, line defined '63-417 Bounty tax authorized '66-261 Cattle, etc. running at large '69-670 Worth Township road law extended to '73-394 CROW AND SQUIRREL SCALPS— Bounty on Ch. 3290, '31-137 Receivable for taxes '31-137 DOG TAX '46-460, '47-211 348 APPENDIX, Butler County — Continued. DONEGAL TOWNSHIP— Polling place fixed '54-312 (Supervisors — Pay fixed '44-21 Overseers of Poor authorized to sell certain lands in Millertown '74-403 Unseated land tax to be paid in cash '44-21 ELECTION of toAvnship officers '54-169, 311, '68-1053 FAIRVIEW TOWNSHIP— Polling place fixed '54-312 School district erected '46-93 FORWARD TOWNSHIP— Polling place fixed '54-313 Bounty tax authorized '66-261 Cattle, horses, sheep and swine running at large '72-280 FRANKLIN TOWNSHIP— Land leased for a town hall '43-65, 66 Polling place fixed '54-313 Bounty tax authorized '66-324 Repealed '42-125 Cattle, horses, sheep and swine running at large '72-895 FRUIT AND FRUIT TREES— Preservation of '55-234, '67-907 GARDENS— Protection of '55-234 HARMONY TOWNSHIP— Incorporation of '40-655 Additional Notary Public '66-555 Bounty tax authorized '67-1075 JACKSON TOWNSHIP— Polling place fixed '54-313 Bounty tax authorized '67-1075 Cattle, sheep and swine running at large '73-650 JEFFERSON TOWNSHIP— Polling place fixed '54-312 Exemptions from bounty tax '65-719, '69-580 JUSTICE OF THE PEACE— County divided into districts Ch. 3868 Acts confirmed Ch. 3113 LANCASTER TOWNSHIP— Polling place fixed '54-313 Cattle, horses, sheep and swine running at large '71-102 MARION TOWNSHIP— Polling place fixed '54-313 Bounty tax authorized '66-624, '67-338 Exemption from '69-580 MERCER TOWNSHIP— Polling place fixed '54-313 Bounty tax authorized '64-624, '67-367 Cattle, etc. running at large '70-431 MIDDLESEX TOWNSHIP— Polling place fixed '42-331, '54-312 Additional road tax '46-94 Cattle, etc. running at large '70-431 MUDDY CREEK TOWNSHIP— Polling place fixed '42-46, '54-313 NORTH BUTLER— Four Supervisors authorized. See Butler '50-84 LIST OF SPECIAL ACTS. 349 Butler County — Continued. OAKLAND TOWNSHIP— Polling place fixed '54-312 Bounty tax. Parts of acts of April 14, '64, and August 22, '64, repealed '65-719 PARKER TOWNSHIP— Polling place fixed '54-312 Land of Z. B. Sheppard annexed to '64-826 To prevent cattle, etc. running at large '72-280 PENN TOWNSHIP— Polling place fixed '54-312 ROAD COMMISSIONERS— Election, powers and duties of. See Supervisors '46-292 ROAD DAMAGES— '46-292, '54-62 ROAD LAWS revised '46-292 ROAD TAX— Assessment and collection of '30-307, '46-292 ROAD VIEWERS— To be paid by petitioners '42-125 SCHOOL DIRECTORS AND TOWNSHIP AUDITORS incompatible '61-391 SHEEP— To improve the breed of. See Dog Tax Ch. 3867 SLIPPERY ROCK TOWNSHIP— Line established '42-334 Polling place fixed '54-313 Loan authorized '68-1047 Worth Township road law extended to '69-628 Cattle, etc. running at large '73-650 SOUTH BUTLER TOWNSHIP— Polling place fixed. See Butler '50-26 SUMMIT TOWNSHIP— Polling place fixed '54-312 SUPERVISORS to expend two-thirds of road tax before October Ist. See Road Commissioners '30-307 To take charge of Butler and Mercer turnpike road '54-220 To remove driftwood from county bridges '66-257 Pay fixed by Auditors '67-683 TAXES — Crow and Squirrel scalps receivable for. See Unseated Lands. Road Tax. Assessor '31-137 TOWNSHIP AUDITORS— Election and duties of '30-308, '67-683 And School Directors incompatible '61-391 TOWNSHIP ELECTIONS— Time of holding '54-169 TOWNSHIP OFFICERS— Election of '54-169, 311, '68-1053 TREES, FRUIT— Protection of '55-234, '67-907 TRESPASS ON ORCHARDS, etc. '55-234, '67-907 UNSEATED LANDS— Treasurer's sale of Ch. 4325 Collection of road taxes on '46-294 VENANGO TOWNSHIP— Polling place fixed '54-312 Cattle, etc. running at large '73-650 VIEWERS— See Road Viewers 350 APPENDIX. Butler County — Continued. WASHINGTON TOWNSHIP— Polling place fixed '50-111, '54-312 Cattle, etc. running at large '72-280 WINFIELD TOWNSHIP— Polling place fixed '54-312 WORTH TOWNSHIP— Polling place fixed '54-313 Repair of Roads — Road Commissioners '66-219 CAMBRIA COUNTY. Organized from parts of Huntingdon and Somerset Counties, March 26, 1804. Ch. 2592. ALLEGHENY TOWNSHIP— Separate school district '49-528 Polling place fixed '54-107 Land of A. Byrne restored to '63-500 ALMSHOUSE— See Poor House ASHLAND TOWNSHIP— Election of School Directors '50-345 BLACK LICK TOWNSHIP— Polling place fixed '51-40, '53-59 BOARD OF REVISION OF TAXES '60-232, '71-665 CAMBRIA TOWNSHIP— Additional road tax authorized '31-449 CARROLL TOWNSHIP— Polling place fixed '54-49 CHEST TOWNSHIP— Polling place fixed '54-145 CLEARFIELD TOWNSHIP— Separate school district '49-528 Polling place fixed '62-31 CONEMAUGH TOWNSHIP— Separate election district '42-45 Polling place fixed '44-18, 574 Part annexed to Johnstown '51-101 Elections regulated '58-174 Jury trials before Justice of the Peace '69-695 CONSTABLES— Election of '44-409 Duties of, in relation to collection of taxes '72-994 CROYLE TOWNSHIP— Erection of '59-150 Minimum road tax '66-630, repealed '95-422 DAMAGES BY FLOOD '91-27 DIRECTORS OF THE POOR— Election, powers and duties of '54-784 Pay fixed '63-345, '65-687, repealed '01-128, 105 Tax to be paid to County Treasurer '73-234 DOG TAX Act of May 1, '61, repealed '62-77 ELECTIONS regulated '54-16 FLOOD— Damage by '91-27 FRUIT — Protection of '61-478 GARDENS — Protection of '61-478 JACKSON TOWNSHIP— Jury trials before Justices of the Peace '69-695 LIST OF SPECIAL ACTS. 351 Cambria County — Continued. MUNSTER TOWNSHIP— Polling place fixed '54-348 OKCHAKDS— Protection of '61-478 OVERSEERS OF THE POOR— To increase pay of '67-1000 PAINT RIDGE INDEPENDENT SCHOOL DISTRICT— Erection of '69-1399 PAUPERS — See Justice of the Peace — Directors of the Poor. POOR DIRECTORS— See Directors of the Poor POOR FUNDS — County Treasurer to receive and disburse free of charge '73-234 POOR HOUSE— Erection of '54-784 RICHLAND TOWNSHIP— Jury trials before Justice of the Peace '69-695 ROADS — See Supervisors ROAD VIEWERS — Number fixed at three, one to be a surveyor — pay fixed '73-258 SCHOOL DIRECTORS may condemn land for school houses '65-228 SUMJVIERHILL TOWNSHIP— Polling place fixed '49-540 A separate school district '60-510 SUPERVISORS to apply three-quarters of road tax before Sept. 1st '35-370 To perform duties of Overseers of the Poor '54-784 To increase pay of '67-1000 To provide for the storage of powder '73-674 SURVEYORS— See Road Viewers TAX SALES— Caveat emptor to apply '67-1008 TAXES to be collected by County Treasurer. See Constables. '72-994, '85-204. See '99-111 TAYLOR TOWNSHIP— Polling place fixed '60-600 Jury trials before Justice of the Peace '69-695 TOWNSHIP ELECTIONS regulated '54-16 TOWNSHIP OFFICERS— To increase fees of '67-1000 TRESPASS ON ORCHARDS, GARDENS, ETC.— Penalty for '61-478 UNSEATED LANDS^ale of '67-1003 VIEWERS OF ROADS AND BRIDGES— Number to be three, one to be a surveyor — Pay fixed '73-258 VOTERS— See Elections WASHINGTON TOWNSHIP— Election of Justice of the Peace '43-60, 104 Polling place fixed '44-242 Separate school district erected '51-459 WHITE TOWNSHIP— Polling place fixed '49-540 ^VILMORE TOWNSHIP— School District '60-510 YODER TOWNSHIP— Election of, legalized '60-48 Elections regulated '58-174 Jury trials before Justices of the Peace '69-695 352 APPENDIX. CAMERON COUNTY. Organized from Clinton, Elk, McKean and Potter Counties, March 29, 1860, P. L. 697. CONSTABLE AND COLLECTOR— Election and duties of '67-306 FKUIT— Protection of '71-570 GIBSON TOWNSHIP— Bounty tax authorized '66-343 To appropriate certain moneys to repair State roads and bridges thereon '77-89 GROVE TOWNSHIP— Bounty tax authorized '66-343 ORCHARDS— Protection of '71-570 PORTAGE TOWNSHIP— Part of Sylvania Township, annexed to '71-1002 ROAD COMMISSIONERS— Act repealed '66-907 SHIPPEN TOWNSHIP— Polling place fixed '63-15 Special tax to open a certain road '66-503 SYLVANIA TOWNSHIP— Part of, annexed to Portage Township '71-1002 TRESPASS on orchards, etc. '71-570 CARBON COUNTY. Organized from parts of Northampton and Monroe Counties, March 13, 1843, P. L. 85. ADDITIONAL ASSESSMENTS— Tax Collectors may make '61-221 BANKS TOWNSHIP— Polling place fixed '44-18 Separate school district '49-529 To regulate granting of licenses '51-447 Loan authorized '68-243 {School loan authorized '69-123, '70-109 School bonds exempt from taxation '70-109 BRIDGE VIEWERS— Duties of '57-335 BRIDGES — County to maintain approaches to '62-98 COLLECTION OF TAXES— See Taxes '44-110, '66-966 DIRECTORS OF THE POOR— Election of '55-294 Pay of '56-150 Duties of '55-294, '60-619, '61-161 DOGS — Hunting deer and elks with, prohibited '48-223 LIST OF SPECIAL ACTS. 353 Carbon County — Continued. ELECTION OFFICERS— Compensation of Act of January 25, '53, repealed '83-4 ELECTIONS regulated '52-39, '63-535 FRANKLIN TOWNSHIP— Polling place fixed '51-40, '52-568 Erection of Poor House '63-258 School per capita tax to pay bounties '68-758 Re-audit of accounts '72-1119 FRUIT— Protection of '61-478 GARDENS— Protection of '61-478 KIDDER TOWNSHIP— Polling place fixed '49-508 Divided into two election districts '73-201 LAUSANNE TOWNSHIP— Boundaries fixed '44-599 Separate school district '49-529 LOWER TOWAJVIENSING TOWNSHIP— Cattle, etc. running at large '71-205 School Directors authorized to collect a bounty tax '72-823 MAHONING TOWNSHIP— Packerton Independent School District erected '72-1165 MAUCH CHUNK TOWNSHIP— Boundaries fixed '44-599 Additional constable '49-133 Polling place fixed '50-87 Divided into two election districts '50-790 Separate school district '50-612, '51-103 Erection of a lock-up at Summit Hill '60-375, '73-631 Repairing roads by contract '63-108, '67-384 Election of Supervisors '66-198 MIDDLE COAL FIELD POOR DISTRICT— Organized '62-178, '71-1349 How boroughs and townships may be annexed to '72-212, '01-76 To regulate '73-683 NESQUEHONING TOWNSHIP— Supervisors authorized to erect a lock-up '73-631 ORCHARDS— Protection of '61-478 OVERSEERS OF THE POOR— Pay fixed '67-1102 PACKER TOWNSHIP— Election legalized '48-481 School bonds legalized '73-656 PACKERTON INDEPENDENT SCHOOL DISTRICT erected '72-1165 PENN FOREST TOWNSHIP— Polling place fixed '49-508, '50-87 POOR DIRECTORS— See Directors of the Poor POOR DISTRICT— See Middle Coal Field POOR HOUSE— Erection and management of '55-294 POOR TAXES— Levy and collection of '60-619, '61-161 Special leA^^ '56-8 354 APPENDIX. Carbon County — Continued. ROADS — Court of Monroe County to confirm certain '45-450 ROAD TAXES— Collection of '44-110 ROAD VIEWERS— Duties of '57-335 SUPERVISORS— To act as Overseers of the Poor '43-393 To appoint tax collectors '44-110 To give official bond '55-488 Pay fixed '67-1102 TAX COLLECTORS may make additional assessments '61-221 TAXES, POOR— levy and collection of '60-619, '61-161 Collection of '44-110, '66-966 TOWNSHIP AUDITORS— Pay fixed '67-1102 TRESPASS on orchards, gardens, etc., penalty for '61-478 UNSEATED LANDS— Sale of '45-492, '71-1341 VIEWERS— Road and bridge, duties of '57-335 VOTERS— See Elections CENTKE COUNTY. Organized from parts of Huntingdon, Lycoming, Northumberland and Mifflin Counties, February 19, 1800. Ch. 2287. ASSESSMENTS— Time of making '49-548, '50-691 BENNER TOWNSHIP— Polling place fixed '57-22 Repairs of roads '66-496 BOGGS TOWNSHIP— Fishing in Bald Eagle Creek regulated '57-73 Erection of Poor House '70-1088, '71-98 BRIDGE VIEWERS— Three to be appointed, one to be a surveyor '59-165 BRIDGES — County Commissioners authorized to repair '72-1063 Act of April 13, '43, repealed '44-86 BURNSIDE TOWNSHIP— Poor taxes on unseated lands '71-693 Polling place fixed '60-23 CONSTABLES- Election of '27-24 Eligible to re-election '44-409 DIRECTORS OF THE POOR— Election, powers and duties of '55-392 DOGS — Hunting deer with, prohibited '50-663, '51-454, '56-182, '68-245, '74-291 ELECTIONS regulated '49-89 FENCES — Railroad companies to maintain '68-779 FRUIT TREES— Protection of '58-111, '67-907 GREGG TOWNSHIP— Bounty tax authorized '66-721 LIST OF SPECIAL ACTS. 355 Centre County — Continued. HAINES TOWNSHIP— To subscribe for stock of Bald Eagle, Nittany & Brush Valley Railroad Company '42-106 Bounty tax authorized '66-37 HALFMOON TOWNSHIP— Polling place fixed '43-53, '44-77 HARRIS TOWNSHIP— Loan authorized '52-448 HENRYSBURG BOROUGH— Water tax '30-4 HOWARD TOWNSHIP— Election of officers— Special tax authorized '73-531 JONES INDEPENDENT SCHOOL DISTRICT— Erection of '73-645 LAND — Taxes a lien on '50-453 MARION TOWNSHIP— Erection of '40-86 MILES TOWNSHIP — Supervisors authorized to subscribe for rail- road stock '41-334 Tax to pay for railroad stock authorized '42-106 Part of Wayne Township, Lycoming County, annexed to Ch. 4592 Bounty tax authorized '66-340 Polling place fixed '44-14, 77 '62-112 MILESBURG SCHOOL DISTRICT— Loan authorized '62-340 ORCHARDS— Protection of '58-111, '67-907 OVERSEERS OF THE POOR abolished '55-396 PAUPERS — Care and employment of '55-392 POOR HOUSE— Erection of in Milesburg and Boggs Township '70-1088, '71-98 Erection of '55-392 POOR TAXES ON UNSEATED LAND— Collection of '72-152 ROAD TAX— One-half to be worked out before September 1st '30-25 ROAD VIEWERS— Appointment and duties of 73-402 ROADS Act of April 13th, '43, repealed '44-86 RUSH TOWNSHIP— Polling place fixed '44-243 SHEEP— To improve breed of Ch. 3779 SHEEP AND SWINE Destroyed by railroad, recovery of damages for '68-779 SNOW SHOE TOWNSHIP— Poor taxes on unseated lands '71-693 SUPERVISORS — ^To remove obstructions in navigable streams Ch. 5111 Authorized to collect road tax Ch. 4873 To work road tax before September 1st '30-25 To perform duties of Overseers of the Poor '55-396 TAYLOR TOWNSHIP— Poor taxes on unseated lands '71-693 TOWNSHIP AUDITORS— Election and duties of '30-26 TREES- Protection of '58-111, '67-907 23 356 APPENDIX. Centre CJounty — Continued. VIEWERS OF ROADS AND BRIDGES Appointment and duties of '59-165, '73-402 WALKER TOWNSHIP — Supervisors authorized to subscribe for railroad stock '41-334 Bounty tax authorized '69-1214 WORTH TOWNSHIP— Poor tax on unseated lands '71-693 Polling place changed '64-679 CHESTER COUNTY. One of the three original counties organized in 1682. ASSESSMENT OF TAXES regulated '42-304, '46-250 BIRMINGHAM TOWNSHIP— Dog tax repealed '43-285 Election of supervisors '44-287 Dog tax '46-331 Streets and roads, laying out, opening and repair of '50-646 West Marlborough road law extended to '71-992 Supervisors to let repairs to roads by contract '72-1040 Roads Section 3 of Act of April 9, '72, repealed '73-577 BRADFORD TOWNSHIP— Opening of roads '48-105 BRAND YWINE TOWNSHIP— Act for repairing of roads by contract, repealed '42-75 BRIDGES — Between townships, repairs on — inspection of bridges '69-173 CALN TOWNSHIP— Maintenance of roads. See East Cain— West Cain '69-384 Taxation of dogs Act of April 14, '46, repealed '70-122 CATTLE — Prohibited from running at large See Strays '55-351, '63-322, '68-573 CHARLESTON TOWNSHIP— Dog tax '50-176, repealed 1903-289 Roads and bridges Act of February 10th, '65, repealed '85-8 COCHRANVILLE SCHOOL DISTRICT— Erection of '63-421 Loan authorized '64-51 Abolished '64-816 CONSTABLES— Fees fixed '54-597, '65-721 Duties in relation to collection of taxes '68-595 COVENTRY TOWNSHIP— Duties of Auditors and Supervisors '40-547 Dog tax repealed '40-546 DIRECTORS OF THE POOR— Duties and election of Ch. 1960, '24-206 Empowered to bind out apprentices Ch. 2405 To furnish estimates to county commissioners Ch. 2786 LIST OF SPECIAL ACTS. 357 Chester Covinty — Continued. Number of, reduced to three — to publish annual statement Ch. 3257 Authorized to appoint a clerk Ch. 4789 May administer oaths '31-127 Sale of property of paupers '40-731 Authorized to sell real estate of Ann Boyers '44-189 Term to begin January 1st '55-75 May grant relief without intervention of Justices of the Peace '49-94, '69-1146 DOGS — Trespassing, may be killed '31-496 Kegistration of '54-286 DOG TAX Ch. 3048, 5026, '31-496, '43-285, '45-204, '47-255 EAST BRADFORD TOWNSHIP— Dog tax repealed '43-285 Dog tax '46-331 Opening and maintenance of roads '48-187, '49-132 Sale of school house and lot '50-200, '53-121 Bounty tax authorized '69-691 Road repairs '59-179, '71-1145, '89-174 EAST BRAND YWINE TOWNSHIP— Dog tax '52-117 Polling place fixed '44-574, '54-357 Special school tax authorized '69-627 Relative to road repairs Act of February 9, '66, repealed '72-678 EAST CALN TOWNSHIP— Election of constable— See Cain '32-148 Dog tax '47-255 Collection of school taxes '50-100 Repairing of roads '62-95, repealed '95-285 EAST COVENTRY TOWNSHIP— Election of Supervisors and Jus- tices of the Peace '45-188 EAST FALLOWFIELD TOWNSHIP— Repairing roads by con- tract repealed '42-75 Opening roads and building bridges '46-51 Dog tax '47-255 Roads, Act of March 16, '66, repealed, general road law adopted '71-592 Election of Supervisor Act of May 6, '71, repealed '72-669 EAST GOSHEN TOWNSHIP— Dog tax repealed '43-285 Roads Act of March 27, '39, repealed '41-89 Dog tax '46-331 EAST MARLBOROUGH TOWNSHIP— Road repairs '43-286 Dog tax '45-204, '46-331 Opening and repairs of roads and erection of bridges '59-186 repealed '97-182 358 APPENDIX. Chester County — Continued. EAST NANTMEAL TOWNSHIP— Dog tax repealed. See Nant- meal '42-103 Repairing roads by contract repealed '42-75 School and road taxes Act of June 23, '42 repealed '43-332 Polling place fixed '43-55 Land of Levi Bull attached to '49-529 EAST NOTTINGHAM TOWNSHIP— Dog tax '57-179, '65-493 Duties of Auditors '44-509 Roads Act of March 27, '39, repealed '41-90 Repealing all taxes on dogs, killing of same authorized '72-288 Taxation of dogs and reduction of debt '73-721 EAST PIKELAND TOWNSHIP— Dog tax repealed '42-103 Roads Act of March 27, '39, repealed '41-90 Dog tax. See Act of June 6, '93-334 '51-236 EAST VINCENT TOWNSHIP— Duties of Auditors and Supervis- ors '40-547 Roads Act of March 27, '39, repealed '41-89 Dog tax See Act of June 6, '93-334 '40-546, '51-236 EAST WHITELAND TOWNSHIP— Additional school tax '46-373 Roads Act of March 27, '39, repealed '41-90 Dog tax '49-501, '50-176 Surplus payable to school fund '49-501 ELECTIONS regulated '55-99 ELK TOWNSHIP— All special road laws repealed '70-147 FRANKLIN TOWNSHIP— Polling place fixed '63-2 Tax on dogs '53-465 Roads Act of April 11, '54, repealed '68-275 FRUIT— Preservation of '55-234 GARDENS— Protection of '55-234 HIGHLAND TOWNSHIP— Polling place fixed '54-16 HOGS — See Swine. HONEYBROOK TOWNSHIP— Road repairs '43-286 Dog tax repealed '43-285 Act of April 14, '46, repealed. See Act of May 15, '93-47 Bounty tax authorized '65-111 Laying tax on dogs for protection of sheep '72-1105 JUSTICES OF THE PEACE— Duties of in relation to paupers '24-206 KENNETT TOWNSHIP— Dog tax '47-255 Repairing of roads '48-187, '53-115, '89-178 LONDON BRITAIN TOWNSHIP— Dog tax repealed '43-285 Roads and bridges '60-134 LIST OF SPECIAL ACTS. 359 Chester County — Continued. LONDON GROVE TOWNSHIP Repairs of roads '42-75, '45-262, repealed 1903, 240 Dog tax '51-236 Title to school house and lot '53-175 LONDONDERRY TOWNSHIP— Taxation of dogs '67-400 Roads Act of March 27, '39, repealed '41-90 LOWER OXFORD TOWNSHIP— Repairing roads by contract, re- pealed '42-252 Auditors to assign repairs of roads to land owners '43-335 Repairs of roads Part of Act of April 18, '43, repealed '57-213 Dog tax '64-126 NANTMEAL TOWNSHIP— Annexation of Levi Bull's farm. See East Nantmeal — West Nantmeal Act repealed '53-189 Levy and collection of school tax '46-373 NEW GARDEN TOWNSHIP— Repairing roads by contract re- pealed '42-75 Election and duties of Supervisors '45-129, 130 Dog tax '52-117 NEWLIN TOWNSHIP— Repairing roads '43-286 Dog tax '46-331 Opening and maintenance of roads — bridges '60-134, rep. '99-239 Erection of town house '68-585 NEW LONDON TOWNSHIP— Repairing roads by contract, re- pealed '42-75 Polling place fixed '44-241 Opening and repairing of roads and erection of bridges '59-186, repealed 1901-139 Protection of sidewalks '60-215 Dog tax authorized '69-408 NORTH COVENTRY TOWNSHIP— Separate election district '42-55 Roads Act of March 27, '39, repealed '41-89 Election of Supervisor '49-125 NOXIOUS WEEDS— Prevention of '67-336 ORCHARDS— Preservation of '55-234 Overseers of Poor abolished Ch. 1960 PAUPERS— Care and employment of Ch. 1960, '24-206 Disposal of property of '40-731 Admission of, to poorhouse '49-94 Relief of '69-1146 How settlement acquired '50-697 360 APPENDIX. Chester County — Continued. PENN TOWNSHIP— School Directors authorized to sell land '47-202 Roads Act of March 27, '39, repealed '41-89 Dog tax authorized '58-409 Opening of roads — bridges '60-134 Roads and bridges Act of February 12, '59, repealed '85-26 PENNSBURY TOWNSHIP Election and duties of Supervisors '45-129, 130 Act of May 11, '45, repealed ^ee Act of May 31, '93-186 Assessment and collection of school tax '45-187, 207 Election of Supervisors, building bridges and opening roads by contract '50-234 Act of March 22, '50, repealed See Act of May 15, '93-49 Taxation of dogs '57-179 POCOPSON TOWNSHIP— Building bridges and opening roads by contract '50-234 Dog tax — Election and powers of Supervisors '50-234 Polling place fixed '50-88, '52-117 Repair of roads '65-306 Election of Supervisors '70-126 POOR DIRECTORS— See Directors of the Poor. POOR HOUSE— Erection of Ch. I960 Treasurer abolished — Duties and pay of steward and matron Ch. 3257 Steward may administer oaths to witnesses '40-731 REGISTRATION OF DOGS '54-286 ROAD TAXES— Assessment of '42-304 ROADS — Repairs of. See Supervisors '39-191, '41-295, '42-252, '43-285, '53-428 Expenses of laying out Acts of April 27, '55 and April 28, '57, repealed '62-334 Maintenance of '69-173 Opening of '69-173, '71-764 ROAD VIEWERS to give notice to Supervisors '58-359 Compensation and duties '57-338, '71-764 SCHOOL DIRECTORS— Authorized to condemn land '54-671, '60-664 SCHOOL TAXES— Collection of '45-186, '52-383 SCHUYLKILL TOWNSHIP— Sale of school lot '49-330 Roads Act of March 27, '39, repealed '41-89 Dog tax '55-70, '56-612, '91-56 Bounty fund transferred to school fund '67-330 School district, title to certain land vested in '70-442 Additional school tax '44-347 LIST OF SPECIAL ACTS. 361 Chester County — Continued. SHEEP— To improve breed of. See Dog Tax Ch. 3048, 3867 Prohibited from running at large. See Strays '55-351, '63-322, '68-573 SOUTH COVENTRY TOWNSHIP— Niunber of Justices of the Peace and Supervisors to be elected '47-259 Act of March 6, '49, repealed See Act of May 15, '93-48 Roads, opening and maintenance of '60-165 Act of March 27, '39, repealed '41-89 Dog tax '68-433 Roads Act of March 14, '60, repealed '68-659 Offices of Constable and Assessor consolidated '69-219 SPRINGTON TOWNSHIP— Name changed '52-570 Polling place fixed '52-381, 455 SUPERVISORS — Duties of in relation to paupers. See Roads Ch. 1960, 2387 To repair roads at cost of contractors '41-295 To assess taxes '42-304 To give official bond '55-488, '70-278 To have notice from road viewers '58-359 Pay fixed '68-246 Duties of '69-173 SWINE— Prohibited from running at large. '63-322, '68-573 TAXES— Collection of, '45-186, '49-167, '52-383, '68-595, '69-553, '72-820, '85-204 Assessment of '42-304, '46-250 THORNBURY TOWNSHIP— Dog tax repealed '43-285 Dog tax '46-331 School District erected '52-504 Boundaries extended '64-509 Opening and maintenance of roads '52-350 Land of S. J. Sharpless annexed to '63-404 Repairing roads by contract '73-477 Supervisors, election and duties of '73-476 TOWN CLERK— Election of Ch. 2865 TOWNSHIP AUDITORS— Pay fixed '68-246 Election and duties of '31-339 TREDYFFRIN TOWNSHIP— Polling place fixed '43-50 Repair of roads Act of March 27, '39 repealed, '40-401 Additional school tax '46-373 Dog tax '50-176. Repealed by Act May 31, "93 TRESPASS on orchards, etc. '55-234 By dogs '31 -iDG 362 APPENDIX. Chester County — Continued. UNION SCHOOL DISTRICT erected '61-518 UPPER OXFORD TOWNSHIP— Repairing roads by contract, re- pealed '42-75 Dog tax '61-601 School loan authorized '64-792 UWCHLAN TOWNSHIP— Additional school tax '46-373 Dog tax '46-331 Repair of roads '41-39, '65-336 Roads Act of March 14, '64, repealed '71-608 VALLEY TOWNSHIP— Dog tax '53-75 Polling place fixed '53-75 Roads Act of April 11, '54, repealed '57-33 Lock-up at Coatesville '60-258 School loan authorized '65-437 Additional tax authorized '70-409 Roads Act of February 14, '67, repealed '71-561 WALLACE TOWNSHIP— Polling place fixed '53-381, 455 Name changed '52-570 Dog tax Act of May 4, '64, repealed '69-1064 WARWICK TOWNSHIP— Separate election district '44-76 Collection of school taxes '72-231 WEST BRADFORD TOWNSHIP— Road repairs '43-286 Dog tax '45-204, '47-255 Roads Act of March 8, '60, repealed '70-176 WEST BRANDYWINE TOWNSHIP— Polling place fixed '49-545 Dog tax '58-168 Roads Act of April 1, '68, repealed '69-614 WEST CALN TOWNSHIP— Bequest of A. Dawson applied to School purposes. See Cain '37-231 Roads Act of March 27, '39, repealed '41-142 Dog tax Act of April 4, '31, repealed '60-332 Dog tax '66-474 WEST FALLOWFIELD TOWNSHIP— Election of Constables '29-90, '42-303 Dog tax '46-331, '48-21, '64-773 Roads Act of March 27, '39, repealed '41-39 Polling place fixed '54-16 Assessment and collection of dog tax '64-773 LIST OF SPECIAL ACTS. 363 Chester County — Continued. WEST GOSHEN TOWNSHIP— Dog tax repealed '43-285 Assessment and collection of school tax '45-186 Dog tax '46-331 Koads Act of March 27, '39, repealed '41-89 Act March 26, '62, repealed '69-353 Act March 18, '59, repealed '83-126 WEST GROVE TOWNSHIP — ^Repairing roads by contract repealed '42-126 WEST MARLBOROUGH TOWNSHIP— Repairing roads by contract repealed '42-75 In relation to schools '49-154 Tax on dogs '45-204 Act of March 9, '55, repealed. See Act of May 30, '93-183 Roads and bridges Act of February 12, '59, repealed '83-78 WEST NANTMEAL TOWNSHIP — Repairing roads by contract, re- pealed '42-75 Dog tax repealed '43-285 Additional school tax '46-373 Polling place fixed '43-55, '52-381, 455 Sale of school building '70-1034 WEST NOTTINGHAM TOWNSHIP— Dogs, taxation of '59-232 Duties of Auditors '44-509 Dog tax abolished '71-1132 Repairs to roads Act of May 25, '71, repealed '87-170 WEST PIKELAND TOWNSHIP— Repairing of roads by contract repealed '42-252 Dog tax repealed '43-285 Dog tax '52-383 WESTTOWN TOWNSHIP— Dog tax repealed '43-285 Dog tax Act of April 1, '52, repealed '91-111 School district erected '52-504 Land annexed to Westtown and Thornburg Eastern School district '64-509 Maintenance of roads — Supervisors '68-363 Thornburg Eastern School District, loan authorized '68-843 Exemption of school property Act of February 24, '47, repealed '70-1162 Mechanics' liens '78-94 Duties of Supervisors Act of May 19, '71, repealed '78-94 Municipal powers Act of May 19, '71, repealed '78-94 364 APPENDIX. Chester County — Continued. WEST VINCENT TOWNSHIP— Duties of Auditors and Super- visors '40-547 Roads Act of March 27, '39, repealed '41-89 Dog tax '40-546, '51-236 WEST WHITELAND TOWNSHIP— Dog tax '51-236 Repairs of roads '41-142, '63-107, '89-166 WILLISTOWN TOWNSHIP— Additional school tax '46-373 Roads Act of March 27, '39, repealed '41-90, 142 Dog tax '52-117 Baptist Church Society authorized to remove dead '68-1287 CLABION COUNTY. Organized from parts of Armstrong and Venango Counties, March 11, 1839, P. L. 51. CLARION TOWNSHIP— Making new roads Act of March 18, '48, repealed '49-427 Annexation of real estate Act of April 5, '63, repealed '64-411 DIRECTORS OF THE POOR— Election of. See County Commissioners '65-501, '66-608 Pay fixed '67-744 DOG TAX repealed '55-30 FARMINGTON TOWNSHIP— Polling place fixed '50-113 FRANKLIN INDEPENDENT SCHOOL DISTRICT '58-179 FRUIT— Protection of '55-169 HELEN TOWNSHIP— Separate election district '49-560 INDEPENDENT SCHOOL DISTRICT Act of April 4, '66, repealed '85-183 JUSTICE OF THE PEACE— Election of '42-438 KNOX TOWNSHIP— Polling place fixed '54-160 LICKING TOWNSHIP— Polling place fixed '52-37 LIMESTONE TOWNSHIP— Separate election district '42-52 MADISON TOWNSHIP— Polling place fixed '43-48, '49-557 MELVILLE INDEPENDENT SCHOOL DISTRICT Act of April 4, '66, repealed, '85-183 MILL CREEK TOWNSHIP— Polling place fixed '52-39 MONROE TOWNSHIP— Bounty money '67-917 OAK HALL INDEPENDENT SCHOOL DISTRICT '62-212 ORCHARDS— Protection of '55-169 LIST OF SPECIAL ACTS. 3^5 Clarion County — Contmued. PAINT TOWNSHIP — Making new roads Act of March 18, '48, repealed '49-427 PERRY TOWNSHIP— Polling place fixed '42-333, '51-42, 424 PINE GROVE SCHOOL DISTRICT, No. 2, erected '42-450 PINEY TOWNSHIP— Polling place changed '59-282 Erection of Poor House authorized '73-763 POOR DIRECTORS— See Directors of the Poor. POOR HOUSE— Erection of '65-501, '66-608, repealed 1901-135 PORTER TOWNSHIP— Polling place fixed '42-478 Separate election district '42-326 RED BANK TOWNSHIP— Separate election district '42-322 ROAD VIEWERS— Powers and duties of '45-254 SHEEP- To improve the breed of '60-55 SUPERVISORS— Compensation fixed '65-531, '68-200, '73-452 TAXES— Collection of '52-568, '65-511 TOBY TOWNSHIP— Polling place fixed '44-242, '49-767 TOWNSHIP AUDITORS— Compensation fixed '73-452 TOWNSHIP ELECTIONS— Time of holding '47-297 TRESPASS ON ORCHARDS, ETC. '55-169 VIEWERS OF ROADS '45-254 WASHINGTON TOWNSHIP— Polling place fixed '53-118 CLEARFIELD COUNTY. Organized from parts of Cambria, Jefferson, McKean, Potter and Tioga Counties. March 20, 1804, Ch. 2466. AiSSESSMENTS to be copied '63-110 ASSESSORS' pay increased '65-307 Election of '50-116, '71-557, '73-488 BECCARIA TOWNSHIP— Polling place changed '44-244, 573 Poor tax may be levied on unseated lands '73-263 BRADFORD TOWNSHIP— Polling place '44-14 Oflicial acts of Samuel A. Caldwell, Justice of the Peace, vali- dated '72-483 BRIDGE VIEWERS— Pay fixed '45-25, '72-499 BRIDGES— County, proceedings to obtain county funds '70-1204 CHEST TOWNSHIP— Polling place fixed '53-204 COLLECTION OF TAXES Acts of March 18, '70, and April 3, '72, repealed '78-152 366 APPENDIX. Clearfield County — Continued. CONSTABLES — Eligibility to re-election '27-24 COVINGTON TOWNSHIP— Separate School District '42-47 School loan authorized '65-234 DECATUR TOWNSHIP— Polling place fixed '42-334 DISTRICT TREASURER— To provide for election of '72-1098 Act of April 9, '72, amended '73-179 Act of February 27, '73, modified '73-443 Section 3, of Act of April 9, '72, repealed '87-175 ELECTIONS— When to be held '64-170, '68-480, '71-1365, '73-560 FOX TOWNSHIP— Polling place fixed '44-75 Part annexed to Elk County and part to Jefferson County, '68-651 GIRARD TOWNSHIP— Polling place fixed '43-54 GULICH TOWNSHIP— Polling place fixed '60-551 HUSTON TOWNSHIP— Lands annexed to Horton Township, Elk County '71-125 JORDAN TOWNSHIP— Polling place fixed '44-19, '53-648 KARTHAUS — Separate election district '42-55 Polling place fixed '66-759 LAWRENCE TOWNSHIP— Land of Eli Bloom annexed to, for school purposes '64-853 Certain territory annexed to '73-762 MORRIS TOWNSHIP— Polling place fixed '42-45, '51-40, '53-385 OVERSEERS OF THE POOR— Compensation fixed '72-499 Settlement of accounts of '30-190 PENN TOWNSHIP— Polling place fixed '51-445 PIKE TOWNSHIP— Polling place fixed '51-520, '52-568 PINE TOWNSHIP— Erection of '73-762 ROAD MASTERS— Election of '44-568 ROAD TAXES restricted to five mills '44-111 Act of April 13, '43, repealed '44-86 ROAD VIEWERS— Pay fixed '72-499 Duties defined '45-25 ROADS over wild land for lumbering purposes '71-868, '73-488 SUPERVISORS authorized to lay ten mills road tax Ch. 4873 Duties of '30-191 Election of '44-568 Authorized to lay special tax for payment of township debts '49-185 Compensation of '72-499 TAX COLLECTORS— Section 3 of Act of April 9, '72, directing pay- ment to district treasurer repealed '87-175 LIST OF SPECIAL ACTS. 367 Clearfield County — Continued. TAXES — Assessments of. See Road Taxes '50-116 Collection of Acts of March 18, '70, and April 3, '72, rep. '78-152 TOWNSHIP AUDITORS— Election and duties of '30-190 Time to make settlement '63-144 Compensation of '72-499 TOWNSHIP TREASURER— See District Treasurer UNION TOWNSHIP— Separate election district '49-555 Certain lands annexed to '73-762 VIEWERS— Bridge and road, pay fixed '45-25, '72-499 WEST BRUNSWICK TOWNSHIP— Separate election district '44-574 WOODWARD TOWNSHIP— Polling place fixed '51-829 Overseers of Poor authorized to sell land '71-1325 CLINTON COUNTY. Organized from parts of Lycoming and Centre Counties, June 21, 1839. P. L. 362. ALLISON TOWNSHIP— Polling place fixed '44-79, 577, '51-425 Restriction of boimdaries Act repealed, '71-684, '72-1017 ASSESSORS not required to attend elections '44-220 BALD EAGLE TOWNSHIP— Unseated land tax to be paid to '44-244 Election and duties of township treasurer '44-244 Polling place fixed '44-241, '51-31 Boimty on muskrats Act of February 26, '61, repealed '62-276 BARTON INDEPENDENT SCHOOL DISTRICT, erected '68-1155 BEECH CREEK TOWNSHIP— Polling place fixed '51-31 Bounty on muskrats Act of February 26, '61, repealed '62-276 Appropriation of road taxes Act of April 11, '68, repealed '70-199 Part of, included in Jones Independent School District '73-645 BRIDGE REPAIRS Act of April 13, '43, repealed '76-200 CATTLE prohibited from running at large '65-675 CHAPMAN TOWNSHIP— Canal towpath a public highway '42-458 Supervisors to give security for unseated land tax '51-646 Two election districts '67-747 Bounty tax authorized '70-287 Bounty claims '71-323 COLEBROOK TOWNSHIP— Canal towpath a public highway '42-458 Part annexed to Brown Township, Lycoming Coimty '67-1019 Supervisors to give security for unseated land tax '51-646 368 APPENDIX. Clinton County — Continued. COUNTY COMMISSIONERS— To levy road taxes on unseated lands in certain cases '73-591 CRAWFORD TOWNSHIP— Polling place fixed '42-43, '50-85, '57-24 Supervisors to give security '59-323 Bounty tax authorized '66-906 DOGS— Penalty for killing '58-455 DOG TAX '58-455, '60-221, '62-322 To be appropriated for school purposes, except in Lock Haven '73-652, repealed '95-240 DUNNSTABLE TOWNSHIP— Polling place fixed '54-446 Elections regulated '40-79 ELECTIONS— Township— Time of holding '44-79, 244 Assessors not required to attend '44-220 FRUIT AND FRUIT TREES Protection of '59-490, '64-130, '67-907, '70-1201 GREEN TOWNSHIP— Polling place fixed '42-43, '51-425 Hunting deer with dogs '50-633 Bounty tax authorized '68-394 Dog tax repealed '71-1192 GROVE TOWNSHIP— Polling place fixed '42-50, 333 Supervisors to give security for unseated land tax '51-646 GRUGAN DISTRICT— Polling place fixed '52-405 JONES INDEPENDENT SCHOOL DISTRICT— Erection of '73-645 KEATING TOWNSHIP— Polling place fixed '53-24, 59 Supervisors to give security for unseated land tax '51-646 Part of, included in Jones Ind. School District '73-645 LAMAR TOWNSHIP— Hunting deer. Act of April 13, '50, repealed '51-428 Polling place fixed '54-48 Protection of fish in '71-1006, '72-283 LEIDY TOWNSHIP— Bounty tax '71-1156 Supervisors to give security for unseated land tax '51-646 LIMESTONE TOWNSHIP— Separate election district '41-11 LOGAN TOWNSHIP— Polling place fixed '42-43 Dog tax repealed '71-1192 Hunting deer with dogs '50-633 LUMBER TOWNSHIP— Polling place fixed '44-19 Supervisors to give security for unseated land tax '51-646 ORCHARDS— Protection of '59-490, '64-130, '67-907, '70-1201 PORTER TOWNSHIP— Hunting deer. Act of April 13, '50 repealed '51-428 Protection of fish in '71-1006, '72-283 ROAD— State Act of April 10, '49, repealed '50-11 LIST OF SPECIAL ACTS. 369 Clinton County — Continued. KOADS Act of March 11, '44, repealed '76-200 Over wild lands for lumbering '71-868, '73-488 ROAD TAX — Certain, how expended '68-839 On Tinseated lands, to be levied by County Commissioners in certain cases '73-591 ROAD VIEWERS— Powers and duties of '45-52 fcjHEEP— Payments of damages to. See Dog Tax '62-322 Prohibited from running at large '65-675 TAXES— Assessment of '52-444 TOWNSHIP ELECTIONS— Time for holding '44-79, 244 TREES, FRUIT— To prevent destruction of '59-490, '64-130, '67-907, '70-1201 UNSEATED LANDS— Sale of '44-510 Fees of Sale of '70-832 County Commissioners to levy road tax on, in certain cases, '73-591 VOTERS— See Elections. WAYNE TOWNSHIP— Separate election district '42-43 ■Supervisors authorized to borrow money '72-893 WOODWAIID TOWNSHIP— Separate election district '42-127 COLUMBIA COUNTY. Organized from a part of Northimiberland County, March 22, 1813. Chapter 3707. BEAVER TOWNSHIP— Collection of school taxes '51-829 Polling place fixed '51-43, '52-37 BENTON TOWNSHIP— Separate election district '51-43 Swine prohibited from running at large '72-550 BLOOM POOR DISTRICT— Erection of Poor House '69-320 Election of Directors '70-611 BLOOM TOWNSHIP— Election of constables '29-74 Election of Supervisors '40-289 Polling place fixed '54-48 BRIAR CREEK TOW^NSHIP— Supervisors to levy tax '69-356 CONYNGHAM TOWNSHIP— Supervisors and Overseers of Poor to give surety '58-113 Pay of Auditors, Supervisors and Overseers fixed '67-961 Repairing of roads by contract. Act of March 21, '61, and April 11, '61, repealed '69-846 370 APPENDIX. Columbia County — Continued- Erection of Poor House '69-1228 Polling place fixed '69-1264 Koads Act of April 10, '69, repealed '70-1128 Election of two Supervisors authorized '71-392 Election of School Directors regulated '72-275 DERRY TOWNSHIP— Polling place fixed '50-88 DIRECTORS OF THE POOR— Powers and duties of '39-111 Election of '39-111, '66-567 DOGfc— Hunting foxes with '53-288 Taxing of 61-233 Hunting deer with, prohibited '62-40 FISHING CREEK TOWNSHIP— Polling place fixed '51-429 Swine prohibited from running at large '72-550 FRANKLIN TOWNSHIP— Polling place fixed '44-18 GREENWOOD TOWNSHIP— To prevent swine from rimning at large '73-678 JUSTICE OF THE PEACE— County divided into districts Ch. 3868 LOCUST TOWNSHIP— Polling place fixed '53-48 Name changed '53-531 MADISON TOWNSHIP— Separate election district '51-158 Polling place fixed '55-744 Erection of Poor House, authorized '72-1092 MAHONING TOWNSHIP— Additional Supervisor authorized '32-559 Election of constable '33-209 Loan authorized '48-389 Erection of Poor House '48-389 Polling place fixed '50-111 MAIN TOWNSHIP— Separate election district '44-572 MIFFLIN TOWNSHIP— Election of officers in Paxton district '40-755 Election of Justice of the Peace '41-74 MONTOUR TOWNSHIP— Polling place fixed '52-537 Overseers authorized to sell real estate '65-338 MT. PLEASANT TOWNSHIP— Bounty tax authorized '66-468 ORANGE TOWNSHIP— Polling place fixed '42-44 To prevent swine from running at large '73-678 OVERSEERS OF POOR abolished '39-116, '57-176, '66-567 PAUPERS— Care and employment of '39-111, '66-567 PINE TOWNSHIP— Polling place fixed '53-653 POOR DIRECTORS— See Directors of the Poor POOR HOUSE— Erection of. See Bloom Poor District '39-111, '66-567 POOR TAXES on unseated lands, return of '62-8 LIST OF SPECIAL ACTS. 371 Columbia County — Continued. ROADltS — Laying and opening '46-288 ROARING CREEK TOWNSHIP— Collection of school taxes '51-829 Polling place fixed '55-744 SCHOOL LAW — Acceptance or non-acceptance of '41-233, 380 SCOTT TOWNSHIP— Name changed '53-531 Polling place fixed '54-48 SHAJMOKIN TOWNSHIP— Catawissa line surveyed '30-341 SUGAR LOAF TOWNSHIP— Election of Supervisors '41-68 SUPERVISORS— Duties of, relative to paupers. See Roads '39-116, '57-176, '66-567 TAX SALES— Caveat emptor to apply '64-349 UNiSEATED LANDS— Return of poor taxes on '62-8 Sale of, caveat emptor to apply '64-349 CRAWFORD COUNTY. Organized from a part of Allegheny County, March 12, 1800, Ch. 2119. ASSESSMENTS— Appeals from '31-278 ASSESSORS — Compensation for making out duplicates '66-208 Compensation and mileage '69-817 And Assistant Assessors, pay of, Act of February 19, '70, rep. '76-210 ATHENS TOWNSHIP— Elections at house of Ebenezer Felton '29-338 BEAVER TOWNSHIP— Polling place fixed '32-410 Division of '47-427 To prohibit issuing of licenses in '70-828 BLOOMFIELD TOWNSHIP— Polling place fixed '29-338 All laws preventing cattle, horses, sheep and swine from running at large repealed '70-905, '71-1194 BRIDGE— Viewers and reviewers, pay fixed '72-788 Appointment of '54-136 Duties of '36-245, '51-151, '55-154 BRIDGES, COUNTY— To be kept in repair by County Commissioners '61-206 Act of May 7, '44 repealed '51-161 CAMBRIDGE TOWNSHIP— Erection of '51-707 Supervisors authorized to erect town house '55-190 CATTLE— To regulate the taking and empounding of strays Ch. 4680, '55-316 To prevent running at large Proviso of April 3, '67, rep. '69-800 To prevent running at large '70-230 24 372 APPENDIX. Crawford County — Continued. CONNEAUT TOWNSHIP— Polling place fixed '30-310 Additional constable authorized '44-61 To prevent the growing of white daisies '69-783 COOK INDEPENDENT SCHOOL DISTRICT— Act repealed '79-37 CONTRACTS by Road Commissioners '46-267 By Supervisors '44-569 COUNTY COMMISSIONERS Bridges — County to keep in repair '61-206 Directors of Poor — Commissioners to act as '51-715 Commissioners to receive pay as '67-1089 Road Districts — County divided into, Act of Apr. 4, '31, rep. '36-245 Road Districts— Townships, divided into '45-53, '54-136, '55-36 Summerhill Township— Bounty debt of '72-727 CUSSEWAGO TOWNSHIP— Polling place fixed '29-60, 337 DIRECTORS OF POOR— Beginning of term. See County Commissioners '63-80 Powers and duties of '51-715 DOG TAX— Act of May 20, '57, extended to Crawford County '61-60 Increase of '66-827 Act to apply avails of, to schools, repealed '72-175 EAST FALLOWFIELD TOWNSHIP erected. See Fallowfield '44-18 Road Commissioners authorized to erect town house '50-25 Certain lands annexed to West Fallowfield for schools '67-1091 Surplus bounty funds '67-1101 Milch cows Act of February 24, '70, repealed '72-672 ELECTIONS of borough and township officers to be paid by bor- oughs and townships '44-220 Regulation of '30-127, '52-39 FAIRFIELD TOWNSHIP— Polling place fixed '32-411 Roads and bridges Act of May 7, '44, repealed '48-506 School Directors authorized to build a town and school house '57-302 FALLOWFIELD TOWNSHIP— Polling place fixed. See East Fallowfield— West Fallowfield '29-336 FRUIT— Protection of. See Act of April 13, '50 '55-55 GARDENS— Protection of '55-55, '71-570 GREENWOOD TOWNSHIP— Polling place fixed '30-310 HAYFIELD TOWNSHIP— Polling place fixed '29-337 To prevent growth of white daisies '72-858 INDEPENDENT SCHOOL DISTRICT— Act of April 11, '66, rep. '79-37 LIST OF SPECIAL ACTS. 373 Crawford County — Continued, MEAD TOWNSHIP— Additional constable authorized Ch. 5122 iSchool Directors to condemn land and build school house in each district '43-202 iSchool tax, collection of '51-559 Fathmaster authorized to collect money road tax and delin- quent labor tax '65-717 Polling place fixed '68-600 To prevent the growing of white daisies in '71-1137 NORTH SHENANGO TOWNSHIP— To enlarge boundaries of '50-632 Polling place fixed '50-632 Provisions for erecting town hall '56-358 iSupervisors authorized to procure a town hall '69-1007 OIL CREEK TOWNSHIP— Polling place fixed '29-338 All laws preventing cattle, horses, sheep and swine from run- ning at large repealed '70-905 Land of Amos S. Hancox and John Brown attached to Cherry Tree Township School District '70-947 Land of J. D. Angler, et al. set off into Breedtown School Dis- trict, Venango Township, '71-1185, repealed '95-71 ORCHARDS— Protection of '55-55 OVERSEER OF POOR— Office abolished '51-719 PATHMASTERS— See Road Masters Election and duties of '46-269 PAUPERS— Care and employment of '51-715 PINE TOWNSHIP— Polling place fixed '49-144 To prevent growth of white daisies in '69-783 POLLING PLACES— Courts empowered to change '44-19 POOR DIRECTORS— See County Commissioners — Directors of the Poor POOR HOUSE— To provide for erection of '51-715 RANDOLPH TOWNSHIP— Polling place fixed '29-338 Election of {Supervisors '44-19 RICHMOND TOWNSHIP— Polling place fixed '53-177 To provide for erection of town hall '71-1132 ROAD DISTRICTS co-extensive with sub-school districts '54-136, '55-36 County to be divided into '36-245, '45-53 ROADS — Damages to be tried before Justice of the Peace '44-570, '46-261 Act of April 13, '43, repealed '44-86 Act relative to '44-568 Views and location of '55-154 And bridges Act of May 7, '44, repealed '51-161 And bridge viewers and reviewers, pay fixed '72-788 374 APPENDIX. Crawford County — Continued. ROAD COMMISSIONERS— Compensation of '46-268 Relative to letting contracts '46-267 Election of '46-265 Duties of '44-568, '46-266 Not to collect more than 10 per cent, of tax in money '46-269, '56-414 To divide township into road districts. See Supervisors, '34-136, '55-36 ROAD MASTERS— Duties of. See Supervisors '46-266, '54-136 Election of '44-568 Appointment of '45-53, '54-136 To be elected by road districts '46-267 ROAD TAXES— Act to levy additional repealed '33-77 One-half to be worked out before September '30-25 Cash road tax '46-266 Supervisors, first levy and increases '44-568 Ten mills authorized '56-414 Ten per cent, of, only to be collected in money '46-269, '56-414 No taxable to be assessed with less than two days' work '54-136 Five mills of a levy of fifteen mills to be in money '66-208 ROAD VIEWERS— Act of April 4, '31, repealed '36-245 Pay fixed '72-788 Appointment and duties of '36-245, '51-151, '54-136, 154 ROCKDALE TOWNSHIP— Polling place fixed '50-112 To provide for erection of town hall '56-417 To prevent growth of white daisies in '71-1137 ROME TOWNSHIP— Polling place fixed '34-475, '35-353 SADSBURY TOWNSHIP— Polling place fixed '29-336 Election of additional Justice and constable '43-53 Overseers of Poor to sell real estate '48-503 Election of additional Supervisor authorized '42-126 SCHOOLS — Independent District Act of April 11, '66, repealed '79-37 SCHOOLS — Act to apply dog tax to, repealed '72-175 SHEEP— To improve the breed of Ch, 3867, '55-316 For protection of. Act of May 20, '57, for Blair County, extended to '61-60 To prevent nmning at large, Proviso of Act of April 3, '67, repealed '69-800 To prevent running at large. See Dog Tax '70-230 SNOWHILL TOWNSHIP— Polling place fixed '29-337 SPARTA TOWNSHIP— Polling place fixed '51-426, 518 Independent School District Act of April 11, '66, repealed '79-37 LIST OF SPECIAL ACTS. 375 Crawford County — Continued. SPRING TOWNSHIP— Polling place fixed '63-94 Division of '47-427 Supervisors authorized to levy bounty tax '66-207, '67-81 To prohibit issuing of licenses in '70-828 Fine for injuring sidewalks or shade trees '71-972 STEUBEN TOWNSHIP erected '50-681 SUMMERHILL TOWNSHIP— Polling place fixed '29-337 Roads and bridges Act of May 7, '44, repealed '48-506 Certain debts contracted for bounty purposes to be paid out of County Treasury '72-727 SUMMIT TOWNSHIP— Erection of '43-51 To prevent growth of white daisies in '69-783 Overseers of Poor authorized to sell land '52-344 SUPERVISORS— Compensation of fixed '44-570, '66-208 Contracts to repair roads, to be let by '44-569 Election of '55-36 Duties of '44-568, '54-136 Exonerations, returns of, to make before December 31 '44-570 Levy of road tax '66-208 Plank roads, abandoned, to take care of '64-455 Returns of exonerations '44-570 Roads, to let contracts for repairs of '44-569 Road districts — Township divided into '45-53, '55-36 Road masters, appointment of '45-53 Road tax, one-half to be worked out before September '30-25 Tax, Road— Levy of '66-208 Ten mills authorized '56-414 Sub-districts — ^Townships divided into '45-53, '55-36 SWINE— Running at large '55-316, '69-800, '70-230 TAXES— Collection of '52-197, '54-600, '59-30, '66-971, '71-72 TOWN CLERK— Court to appoint in certain cases Ch. 4680 TOWNSHIPS to keep State roads in repair Ch. 5227 Elections to be paid for by townships '44-220 TOWNSHIP AUDITORS— Appeals from '30-26 Election and duties of '30-263 To settle accounts of Supervisors '54-136 TOWNSHIP OFFICERS '36-245 TRESPASS on gardens, orchards, etc. '55-55 TROY TOWNSHIP— Polling place fixed '32-410 Lands annexed to Cherry Tree Township, Venango County, for schools '67-1205 376 APPENDIX. Crawford County — Continued. All laws preventing cattle, horses, sheep and swine from running at large repealed '70-905 To prevent cattle from running at large, Act of April 5, '70, repealed '81-75 UNION INDEPENDENT SCHOOL DISTRICT— School loan authorized '70-808 UNION TOWNSHIP— School loan authorized '70-760 UNSEATED LANDS— Road taxes on, return of '46-267, '54-136 Appeals from assessments of '31-278 VENANGO TOWNSHIP— Polling place fixed '30-310, '42-44 Cambridge Township erected out of '51-707 VERNON TOWNSHIP— Polling place fixed '29-337, '41-69 Collection of school taxes '51-559 Repair of roads '39-598 Roads and bridges Act of May 7, '44, repealed '50-26 Surplus bounty fund '67-1101 To prevent the growing of white daisies '70-583 VIEWERS — Court to appoint three, on petition '54-136 Duties of '36-245, '51-151, '55-154 And reviewers of bridges and roads, compensation of '72-788 VOTERS— See Elections. WAYNE TOWNSHIP— Polling place fixed '52-148 WEST FALLOWFIELD TOWNSHIP erected. See Fallowfield '44-18 Polling place fixed '52-496 Lands in East Fallowfield annexed to, for school purposes '67-1091 Milch cows Act of February 24, '70, repealed '72-672 WHITE DAISIES — To prevent the growth of, in Conneaut, Summit and Pine Townships '69-7'83 In Mead and Rockdale Townships '71-1137 In Haytield Township '72-858 WOODCOCK TOWNSHIP— Polling place fixed '48-353, '50-25 Road Commissioners to build a town house '48-368 Poor House farm annexed to Saegertown '70-313 LIST OF SPECIAL ACTS. 37/ CUMBERLAND COUNTY. Organized from part of Lancaster County, January 27, 1750. Chapter 380. ASJSEBSMENT of seated lands to be made where mansion house is '71-1067 BRIDGE over Yellow Breeches Creek '27-330, '37-69, '50-534 Viewers, appointment of, and duties of '51-821 Over Connodogwinet Creek '28-338, '47-380, '52-280, '56-161 Wing walls and embankments of, to be repaired by Super- visors '59-293, repealed '99-593 By county '71-48 CATTLE trespassing by Ch. 5039 CONSTABLES— Eligible to re-election '27-24, '36-450 Fees — For removing paupers fixed '46-7 Fees fixed '61-173, '64-823, 851 Costs for commitment of vagrants not payable by county '66-1099 Duties of, relative to the collection of taxes '73-661 DICKINSON TOWNSHIP— Polling place fixed '42-49 Per capita bounty tax authorized '66-507 DIRECTORS OF POOR— Pay, election and duties of Ch. 2940, '29-38 To sell real estate of paupers '39-89 Powers and duties of '39-88 To contract for schooling of apprentices '40-245, 748 Authorized to rebuild '59-231 Compensation of '64-213 Loan authorized '68-557 DOG TAX Act of March 4, '65, repealed '66-508 DOGS— Hunting deer with, prohibited '69-202 EAST PENN6B0R0 TOWNSHIP— Election of constable. Act of March 14, '18, repealed '30-77 Divided into two election districts '42-246, 329 Polling place fixed '44-20 ELECTIONS regulated '49-89, '55-99 FENCES— What shall be considered lawful. See Cattle, Ch. 5039, repealed '97-235 FOOT BRIDGES across Yellow Breeches Creek '42-221 FRANKFORD TOWNSHIP— Bounty tax authorized '65-98, '66-467 HAMPDEN TOWNSHIP— Land of David Dietz annexed to, for school purposes '67-530 HOPEWELL TOWNSHIP— Polling place fixed '54-152 Duties of Supervisors '44-366 378 APPENDIX. Cumberland County — Continued. LOWER ALLEN TOWNSHIP— Polling place fixed '50-114 MIDDLESEX TOWNSHIP— County to contribute $400 for certain road '45-22 Volunteer bounty '65-234 Polling place fixed '60-254 MONROE TOWNSHIP— School taxes in '51-202 Stony Ridge Road to be graded '51-439 NEWTON TOWNSHIP— Election of constables. See North Newton Ch. 4344 Bounty tax authorized '65-234 NORTH MIDDLETON TOWNSHIP— Polling place fixed '44-244 To grade Stony Ridge Road '51-439 Bounty tax authorized '65-393 NORTH NEWTON TOWNSHIP— Elections. See Newton, Act of March 18, '52, repealed '52-406 Polling place fixed '60-254 OVERSEERS OF POOR abolished Ch. 2940, '29-42 PAUPERS— Care and employment of Ch. 2940, '24-28, '29-38, '39-38, '46-7 Children of shall have schooling when apprenticed '40-245, 748 Poor to be cared for by boroughs and townships '24-28 Education of Ch. 2940, 4986, '40-245, 748 POOR DIRECTORS— See Directors of Poor POOR HOUSE— Erection of Ch. 2940, 4986, '29-38, '39-88, '59-231 Bound apprentices may elect calling '52-602 Erection of for blind and insane, loan authorized '68-557 ROADS — Records of '51-439 Opening of '55-223, Act of April 13, '43, repealed '44-86 ROAD VIEWERS— Duties of '51-821, '55-223 SCHOOLS— Regulation of Ch. 4986, '38-460 SEATED LANDS to be assessed in county where mansion house is '71-1067 SHEEP— To improve the breed of Ch. 3779 Compensation for damages Act of March 4, '65, repealed '66-508 SILVER SPRING — Preservation of fish in '46-62 SILVER SPRING TOWNSHIP— To grade Stony Ridge Road '51-439 Surplus bounty fund '67-521, 1261 Road through farm of H. W. Kanage vacated '72-455 SOUTH MIDDLETON TOWNSHIP— Election of constable. Act of April 2, '22, repealed '29-74 To grade Stony Ridge Road '51-439 LIST OF SPECIAL ACTS. 379 Cumberland Coirnty — Continued. SUPERVISORS— Duties of relative to poor. See Townships Ch. 2940 To perform duties of Overseers of Poor '29-42 To maintain wing walls to bridges '59-593, '71-43 To keep foot bridges across Yellow Breeches Creek '42-221 Compensation of fixed '65-634 SWINE— Trespassing by Ch. 5039 TAX COLLECTORS— Election of '61-672 TAXES— Collection of. See Assessments '67-836, '73-661 To be collected by County Treasurer '73-661 TOWNSHIPS to repair bridges '42-221 To care for poor '24-23 TRESPASSING by horses, cattle and swine Ch. 5039 TYRONE TOWNSHIP— Election of constables Ch. 4844 UPPER ALLEN TOWNSHIP— Polling place fixed '50-114 UPPER FRANKFORD TOWNSHIP— Polling place changed '60-254 UPPER WEST PENNSBORO— Polling place changed '60-254 WEST PENNSBORO— Division ot. Act of March 7, '46, repealed '47-212 New school district '52-377 Polling place fixed '58-41 Surplus boimty funds '67-917 WING WALLS TO BRIDGES— Cost of maintaining, '59-593, '71-48, '99-239 DAUPHIN COUNTY. Organized from part of Lancaster County, March 4, 1785. Chapter 1125. ASSESSORS' pay fixed '65-82 BETHEL TOWNSHIP '21-145 CONEWAGO TOWNSHIP— Erection of '50-332 Bovmty tax authorized '66-726 DERRY TOWNSHIP— Polling place fixed '40-337, '45-150, 526 Bounty tax authorized '65-688 To prevent cattle, etc. from running at large '69-672, 1153 Cattle running at large. Act modified '69-892 School Directors authorized to pay bounty fund '73-306 DIRECTORS OF POOR— Election and duties of, Ch. 2701, '33-205, '67-1267 Taxpayers, competent witnesses for or against Ch. 2909 Authorized to sell certain land Ch. 3262 Mileage fixed '38-559, '50-208 Limitation of liability for debts of paupers '50-788 Term of office '61-73 Compensation of '47-365, '67-1267, '73-139, 501 380 APPENDIX. Dauphin County — Continued. DRAINAGE of wet and spouty lands '44-365, '63-293 EAST HANOVER TOWNSHIP— Bounty Tax authorized '64-1015 ELECTIONS regulated '49-89, '50-111, '54-652, '55-478, '69-294 Change of time for holding '72-194 HALIFAX TOWNSHIP— Polling place fixed '44-76 New election district '44-577 Front Street and Peach Tree Alley made public highways, '57-465, '62-151 Damages for opening of '63-131 Bounty tax authorized '64-1026, '70-404 Notary Public '71-113 School loan authorized '70-1145 HERR TOWNSHIP— School loan authorized '60-1224 JACKSON TOWNSHIP— Polling place fixed '44-243, '54-246 Bounty tax repealed '66-526, '67-899 JEFFERSON TOWNSHIP— Separate election district '43-49 Sale of school house '52-328 Bounty tax authorized '65-581 JUSTICE OF THE PEACE— County divided into districts Ch. 3868 LANCASTRIAN SCHOOL HOUSE— Sale of, Act of April 9, '33, repealed '34-170 LAND— Drainage of '44-365, '63-293 LIVERPOOL SCHOOL DISTRICT— Certain land attached to '40-86 LONDONDERRY TOWNSHIP— Polling place fixed '47-426, '54-107 Bounty tax authorized '65-131 Road taxes and damages on islands '68-701, 1062 To prevent cattle, etc. from running at large '69-672, 1153 Cattle running at large Act of April 2, '69, modified '69-892 LOWER PAXTON TOWNSHIP— Polling place fixed '63-525 LIVERPOOL SCHOOL DISTRICT— Certain land attached to '40-86 LOWER SWATARA TOWNSHIP— Erection of '40-710 Swatara Township line changed '40-670 Polling place '48-211 Supervisors' pay fixed '66-225 To prevent cattle, etc. from running at large '69-672 Cattle running at large Act of April 2, '69, modified '69-892 LYKENS TOWNSHIP— Acceptance of Common School Act '38-602 Separate school district erected '40-671 J. E. Copenheffer set into Washington Township '70-761 LIST OF SPECIAL ACTS. 38 1 Dauphin County — Continued. Additional Notary Public '65-327 Jacob Bohner set into Mifflin Township '66-919, '67-1105 Bounty tax '67-330, 1280, '69-295 MIDDLE PAXTON— Additional Supervisors authorized '65-357 New election district Ch. 2334, '44-577 Wister's Island annexed to Perry County '68-413 Horses, cattle, sheep and swine, not to run at large '73-458 Election of Supervisors Act of March 15, '65, repealed '79-4 MIFFLIN TOWNSHIP— Bounty tax authorized '65-664 Jacob Bohner set into '66-919, '67-1105 To prevent horses and cattle from running at large '71-1118 Foot bridge over Mahontango Creek authorized '72-734, '73-470 OVERSEERS OF POOR abolished Ch. 2701 PAUPERS— Care and employment of Ch. 2701, '33-205, '50-788 PENN ELECTION DISTRICT erected '44-577 POOR— Education of Ch. 4986 Taxes to be paid to County Treasurer '47-365 Care and employment of Ch. 2701, '33-205 POOR DIRECTORS— See Directors of Poor POOR HOUSE— Erection of Ch. 2701 REED TOWNSHIP— Erection of '49-558 Road on Duncan's Island '53-264 Supervisors to repair a certain road — Point road vacated '62-370 ROAD DAMAGES payable by municipalities '66-441, '67-402 ROAD VIEWS '60-586 RUSH TOWNSHIP— Polling place fixed '45-526, '58-83 SCHOOLS- Regulation of. See Poor Ch. 4986 SOUTH HANOVER TOWNSHIP— Polling place fixed '42-324, '46-87 Erection of '42-51 Horses, cattle, sheep and swine not to run at large '73-458 SUPERVISORS— Duties of, in relation to poor Ch. 2701 To repair bridge approaches '34-559 To give ofl5cial bonds '57-453 SUSQUEHANNA TOWNSHIP— Canal drain to be kept open by land owners '50-248 Bounty tax authorized '65-200 Additional Supervisor authorized '66-644, repealed '01-512 Horses and cattle running at large, '69-672, 1153. Act of May 6, '71, rep. '73-305 SWAMPS — Drainage of '44-365, '63-293 382 APPENDIX. DaupMn County — Continued. SWATAKA TOWNSHIP— Election of constables. See Lower Swatara Ch. 4550 Election of officers '40-670 Additional school tax '67-227 Lower Swatara line changed '40-670 Digging of drains or ditches in — Drainage of swamp lands '44-385 Creek bridge '50-687, '51-373 To prevent cattle, etc. from running at large '69-672, 1153 Cattle running at large Act of April 2, '69, modified '69-892 School Directors authorized to levy additional tax '72-924 TOWNSHIPS liable for road damages '66-441 To repair approaches to county bridges '34-559 UNSEATED LANDS— iSale of '42-242 UPPER PAXTON TOWNSHIP— Polling place '42-324, '45-49, 149, '50-703 Separate election district '50-416 Ke-audit of township accounts '68-464 Certain road vacated '53-752 Taxes on island of A. Shuman '62-28 Polling place fixed '42-324, '59-119, '63-525, '64-12 Farm of James Freeland annexed '72-716 VAGRANTS— Fees of Magistrates fixed. See Constables '72-246, '75-63 VIEWERS of roads and bridges '60-586 Of drains for wet and spouty lands, duties of '63-293 WASHINGTON TOWNSHIP— Polling place fixed '46-22, '48-353, '52-68 Wiconisco Township line changed '62-260 Bounty tax authorized '65-213 Supervisors' pay fixed '66-225 Land of J. E. CopenheflTer, annexed to, for school purposes '70-761 WEST HANOVER TOWNSHIP— New election district '38-612 Erection of '42-51 WEST LONDONDERRY— Polling place fixed '57-104 Wet lands— Drainage of '44-365, '63-293 WICONISCO TOWNSHIP— Polling place fixed '50-415, 443, '51-140, 424, '53-522, '54-151 Erection of '39-602 Election and duties of Supervisors '62-140 Washington Township line changed '62-260 Goats running at large, declared a nuisance '64-279 Roads Act of March 20, '62, repealed '67-343 Supervisor's pay fixed '67-737 School loan authorized '68-1043, '69-360 LIST OF SPECIAL ACTS. 383 DELAWARE COUNTY. Organized from part of Chester County, September 26, 1789. Chapter 1432. ASSESSMENT OF TAXES— Of machinery '50-425 ASTON TOWNSHIP— Roads Act of April 16, '48, repealed '40-246 Dog tax '45-470, '69-1146 Preservation of birds '41-43 Part annexed to Thornbury '42-453 BETHEL TOWNSHIP— Roads Act of April 16, '38, repealed '40-246 Polling place fixed '38-315, '39-604, '44-22 BIRMINGHAM TOWNSHIP— Polling place fixed '42-264 Dog tax '46-333 Repair of roads '42-126, '53-222 Three Supervisors authorized '53-222 BLUE HILL SCHOOL '65-99 BRIDGES to be rebuilt by County Commissioners '34-559, '44-24 Approaches to be made by townships '34-559 CANADA THISTLES— To prevent the spread of '61-421 CATTLE— To prevent running at large. See Strays '60-68, '65-444, '72-510 When treated as strays '72-510 CHESTER TOWNSHIP— Roads— Elections of Supervisors '48-142, 338 (Separate election district '57-468 Polling place fixed '52-134 Lamokin Road District '69-1104 Indebtedness adjusted with Lamokin School District '70-332 Division of school property with South Chester '72-120 COLLECTION OF TAXES— See Taxes. COMMON SCHOOLS— See Schools. CONCORD TOWNSHIP— Roads. Act of April 16, '38, repealed '40-246 Polling place fixed '38-315 Preservation of birds and game '41-43 CROOKVILLE SCHOOL DISTRICT— Erection of '49-530 Boundaries of '50-311 DARBY TOWNSHIP— Roads. See Upper Darby. Act of April 16, '38, repealed '39-99 Polling place fixed '38-315 Amount of road tax restricted Act of April 5, '70, repealed '91-103 384 APPENDIX. Delaware County — Continued. DIRECTORS OF POOR— Election and duties of See Paupers Ch. 2419, '67-319 Property of paupers vested in Ch. 2786 To furnish estimates to County Conmiissioners Ch. 2786 Authorized to buy and sell land '49-270, '54-649 Pay fixed '55-171 Approval of court necessary to purchase of real estate '55-171, '56-419 Sale of land to School Directors of Middletown Township '61-41 DOG TAX FIXED— See Sheep. Ch. 3048, 3913, '26-132, '30-309, '31-496 Settlement and collection of '47-445, '55-306 DOGS— Penalty for trespass by '31-496 DRAINAGE OF ROADS '68-903, '69-785 EDGMONT TOWNSHIP— Preservation of birds and game '41-233 Polling place fixed '40-337 Roads Acts of April 1'6, '38, and March 11, '42, repealed '65-215 Dog tax '45-470, '47-445 Collection of taxes '67-928 ELECTIONS Regulated '44-22, '52-39, '55-99 FRUIT— Protection of '53-387, '55-234, '56-118, '60-362, '61-478, '81-82 GARDENS Protection of '53-337, '55-234, '56-118, '60-362 '61-478, '81-82 HAVERFORD TOWNSHIP— Roads Act of April 16, '48, repealed '40-246 Polling place fixed '36-95, '40-670 School tax for whole year's schooling '50-425 HOGS — See Swine. HORSES — ^To prevent running at large See Strays '60-68, '65-444, '72-510 When to be treated as strays '72-510 LAMOKIN ROAD DISTRICT— Erection of '69-1104 Indebtedness adjusted with Chester Township '70-332 LOWER CHICHESTER TOWNSHIP— Repairs of roads '42-126 Separate election district '44-15 Elections regulated '51-469 MARPLE TOWNSHIP— Roads Act of April 16, '38, repealed '46-246 Polling place fixed '36-436 Taxation of dogs to pay damages to sheep '45-470, '47-445, '62-427 MIDDLETOWN TOWNSHIP— Roads Act of April 16, '48, rep. '40-246 Preservation of birds and game '41-43 Election of township treasurer and clerk '44-573 LIST OF SPECIAL ACTS. 385 Delaware Coimty — Continued. Koads, repairs of '41-379, '45-202, '61-199 Act of April 7, '40, repealed '41-113 Elections of supervisors '48-46 Purchase of land from Directors of the Poor '61-41 Assessment of taxes Act of April 20, '54, repealed '70-1014 NETHER PROVIDENCE TOWNSHIP— Road laws Act of April 16, '38, and March 11, '42, repealed '48-143 Polling place fixed '36-95 ORCHARDS— Protection of '53-337, '55-234, '56-118, '60-362 '61-478, '81-82 OVERSEERS OF POOR abolished Ch. 2419 PATHMASTERS— Length of road assigned to '38-631 PAUPERS— Property of vested in Directors of Poor Ch. 2786 Care and employment of Ch. 2419, '25-245 Residence of '49-321 POOR HOUSE— Erection of Ch. 2419 RADNOR TOWNSHIP— Repairs of roads '42-126 Polling place fixed '49-545 School tax for whole year's schooling '50-425 RIDLEY TOWNSHIP— Roads Acts of April 16, '38, and March 11, '42, repealed '45-23 ROAD DAMAGES '70-485, '71-16 ROADS, repairing of, by contract. See Supervisors '41-252, '42-64 To be divided into one mile districts '38-631 Drainage of Act of January 17, '67, repealed '68-908, '69-785 Drainage of, into reservoirs or wells '69-785 Damage for opening of, assessment and collection of '57-146, '69-862, '70-485, '73-693. See '01-394, 395, 397, 399 ROAD VIEWERS— Duties of '57-146, '69-785, 862, '70-485 Pay of '71-16 SCHOOL DIRECTORS may condemn lands. See High Schools '54-671, '60-664 SCHOOL TAX — Maximum and minimum rate '42-211 Teachers to be allowed pay for attending county institutes '72-428 High, establishment of, provided for '73-568 SHEEP — To improve the breed of See Dog Tax— Strays Ch. 3048, 3524, 3779 Damage to by dogs Ch. 3088, 3902, '21-185, '31-496, '55-306 To prevent running at large '60-68, '65-444, '72-510 When to be treated as strays '72-510 386 APPENDIX. Delaware County — Continued. SPRINGFIELD TOWNSHIP— Roads Act of April 16, '38, repealed '40-246 Polling place fixed '42-264, '54-49 STATE ROADS— Damages for opening '70-485 STRAYS — Empounding and sale of Ch. 2865 Cattle, horses and sheep when treated as '72-510 SUPERVISORS — Duties of, in relation to poor. See Roads Ch. 2419 Not to turn water on private lands '69-785 To repair approaches to bridges — to notify County Commis- sioners of needed repairs on bridges '34-559 Election of '42-64 Pay fixed '64-776 To let road repairs to lowest bidder '42-64 SWINE— To prevent running at large. See Strays. Ch. 158, '60-68, '65-444, '72-510 TAX COLLECTORS— Pay fixed. See Dog Tax '46-384, '59-679, '62-376, '73-509 TAXES — ^School mimimum and maximum '42-211 Collection of '46-384 Exemptions '68-61, 716, '70-558 On real estate, assessment and collection of, '43-334, '46-384, '50-425, '54-423, '73-509, 514. See '01-398 Rebate for prompt payment '46-384, '73-512 To be a first lien for one year '24-18, '73-509 THISTLES, CANADA— To prevent spread of '61-421 THORNBURY TOWNSHIP— Preservation of birds and game '41-43 Polling place fixed '47-257 Part of Aston Township annexed to '42-453 Adoption of common school law '43-388 Roads Acts of April 16, '38, and March 11, '42, rep. '45-23 Opening of new roads '59-99 Assessment of taxes '59-270, '70-1140 Dog tax repealed '61-191 Farm of S. J. Sharpless annexed to '63-404 TINICUM TOWNSHIP roads Act of April 16, '48, repealed '40-246 TOWN CLERK— Election of Ch. 2865 TOWNSHIP AUDITORS— Oath of office '55-306 TOWNSHIP ELECTIONS '44-22 TOWNSHIPS to repair approaches to bridges '34-559 UNION SCHOOL DISTRICT erected '61-518 Of Chester and Delaware counties enlarged '73-574 LIST OF SPECIAL ACTS. 387 Delaware Coimty — Continued. UPPER PROVIDENCE— Roads '49-77 Polling place fixed '41-67 UPPER DARBY TOWNSHIP— Roads. See Darby Act of April 16, '38, repealed '40-246 Polling place fixed '49-558 Separate election district '49-558 School tax for whole year's schooling '50-425 VIEWERS— Pay fixed. See Road Viewers '57-146, '71-16 WEST TOWN AND THORNBURY EASTERN SCHOOL DISTRICT— '52-504, '68-843 ELK COUNTY. Organized from parts of Jefferson, Clearfield and McKean Counties, April 18, 1843, P. L. 312. BENZINGER TOWNSHIP— Sale of goods at auction, restricted '69-198 BRIDGES Act of April 13, '43, repealed '44-86 ELECTIONS, TOWNSHIP— Time of holding '44-244 FOX TOWNSHIP— Supervisors' pay fixed '63-376, '67-1287 FRUIT— Protection of '58-111 GARDENS— Trespass on '58-111 HIGHLAND TOWNSHIP— Polling place changed '50-415, '59-2 HORTON TOWNSHIP— Part of Fox Township, Clearfield County, annexed to '68-651 Boundaries extended '71-125 JAY TOWNSHIP— Polling place fixed '54-828 Supervisors' pay fixed '63-376 JONES TOWNSHIP— Appropriation of road tax '44-270 Erection of '44-596 Change of name Act of March 21, '61, repealed '63-117 Construction of bridge at Wilcox '64-179 Election of Tax Collector — Duties of Supervisors '67-761 Pay of Supervisors and Auditors fixed '67-761, 968 Polling place fixed '72-83 MILLSTONE TOWNSHIP— Road laws '71-49 Court of Forest County to have jurisdiction of certain actions '73-133 ORCHARDS— Protection of '58-111 POOR TAXES on unseated lands '71-114 25 388 APPENDIX. Ulk County — Continued. ItlUGVVAY TOWNSHIP — ^Appropriation of road taxes '44-270 Opening of roads '48-208 Supervisors authorized to purchase a certain bridge '55-65 {Supervisors' pay fixed '58-232 ROAD LAWS revised '55-240, '61-497, '71-49. See '01-397 Act April 13, '43, repealed, '44-86 SPRING CREEK TOWNSHIP— Pay of Supervisors fixed '61-241 Election of Road Commissioners '48-50 SUPERVISORS to give bond '48-252 Election of '55-240 Pay fixed '67-761, 968, 971, 1287 TAXES on unseated lands '71-114 TOWNSHIP AUDITORS— Pay fixed '71-994 TOWNSHIP ELECTIONS— Time of holding '44-244 TOWNSHIP TREASURERS— Election of '63-376 TRESPASS on orchards and gardens '58-111 UJNSEATED LANDS— Sale of '59-4, '70-174 Fees for selling '70-283 Poor taxes levied on '71-114 ERIE COUNTY. Organized from part of Allegheny County, March 12, 1800. Chapter 2119. AMITY TOWNSHIP— Polling place fixed '28-14, 387 ANIMALS, certain, when declared strays. See Fences Ch. 4680, '57-196 To prevent running at large '67-691, '69-800, '70-230 ASSESSMENTS— Appeal from '31-278 Act of May 27, '71, repealed '73-179 ASSESSORS to make copy of assessments for Road Commissioners '43-218 BRIDGE COMMISSIONERS— Appointment of Act of April 15, '69, repealed '70-275 Tax, unexpended, to be refunded to respective districts '70-568 BRIDGES, COUNTY— County not liable for repair of. See Act of May 18, '93 '54-295 Construction and maintenance '49-102 CANADA THISTLES — Railroad companies to cut tvt^ice a year '55-476 To prevent the spread of '61-421 CATTLE, STRAYS^ Taking and empounding of — Fences Ch. 4'680 Certain, running at large declared Strays '57-196 To prevent running at large '67-691, '70-230 Act of April 3, '67, repealed '69-800 LIST OF SPECIAL ACTS. 389 Erie County — Continued. CONCORD TOWNSHIP— School Directors may levy tax on Sub- District No. 5 '51-5G7 Road Commissioners to erect town house '64-75 Polling place changed '64-75 liounty tax authorized '67-1092 Repeal of Act to erect independent school district '79-37 CONNEAUT TOWNSHIP— Pay of Road Commissioners and Auditors Third Section of Act of March 21, '65, repealed '71-1350 Road Commissioners to levy tax to pay volunteers '72-1088 CONNEAUTTEE TOWNSHIP— Name changed to Washington Township '34-294 CONSTABLES required to furnish sureties Ch. 3563 Election of '27-24 To collect delinquent road tax '43-219 Mileage for conveying paupers '47-230 Duties of, in relation to paupers '56-410 In relation to cattle running at large '67-691, '70-230 COOK INDEPENDENT SCHOOL DISTRICT— Act to erect repealed '79-37 COUNTY AUDITORS to settle accounts of Poor Directors '39-425 COUNTY BRIDGES— County exempt from liability to repair '54-295, repealed by Act May 18, '93. DIRECTORS OF THE POOR— Accounts to be settled by Auditors '39-425 Apprentices to be bound out by '39-424 Appointment of, by Court Pro Tem. '70-1005 Clerk, attorney and other agents may be employed by '56-410 Compensation of '39-427, '56-410, '65-478 Of Erie City member fixed by Board '65-478 Allowed while building '71-1092 Election of '39-423, '70-1005 Fishing, illegal, in Presque Isle Bay, suit to be brought by '60-534 Garrison grounds in Erie in charge of '47-230 Incorporated '39-424 Land, sale of, authorized '69-662, '70-817, '71-1092 Purchase of authorized '57-8 Loan authorized '56-410 Oaths administered by '39-426 Office to be rented in Erie City '65-478 Parents who have deserted children, property to be seized '46-381 Purchase of land authorized '57-8 Real estate, sale of, by Act of March 24, '68, repealed '69-662 Requisition, annual, to be made on County Commissioners '39-425 Vacancies in Board to be filled by Board '39-427 390 APPENDIX. Erie Cotmty — Continued. DOG TAX '69-288, '73-170 DRAINAGE — Railroad companies required to maintain ditches '55-476 Of farming lands regulated '68-452 ELECTION TICKETS Act of February 27, '49, repealed '52-39 Officers, compensation of '65-478 ELECTIONS regulated '70-1113 ELK CREEK TOWNSHIP— Polling place fixed '53-427 Pay of Road Commissioners and Auditors Act of March 21, '65, repealed '73-779 FAIRVIEW TOWNSHIP— Masters of vessels compelled to return vagrants '27-436 Polling place fixed '32-610 May collect part of road tax in money '47-167 Pathmasters, appointment of '60-216 Road Commissioners, duties and pay of '60-216 Penalty for injuring sidewalks '64-512 Road Commissioners authorized to appoint collector — May levy additional road tax '71-743 FARMING LANDS— Drainage of '68-452 FENCES — Land owners may plant hedges on road side '68-570 Legal requirements '57-309, repealed '95-68 FRANKLIN TOWNSHIP— Polling place fixed '53-182 FRUIT TREES— Protection of '53-387 GIRARD TOWNSHIP— Polling place fixed '48-367, '52-127 To prevent injury to sidewalks '60-24 To prevent sale of liquors, in '69-952 A portion of annexed to Girard Borough, for school purposes '71-1183 Popular vote on liquor licenses '71-1313 Labor road tax Act of April 15, '69, repealed '72-661 Additional tax authorized '72-661 GREEN TOWNSHIP— Polling place fixed '48-57 HARBOR CREEK TOWNSHIP— Masters of vessels to return va- grants, landed by them '27-436 Polling place fixed '32-414 Planting of shade trees in Wesleyville '65-496 Plot of Wesleyville legalized and confirmed '65-496 Penalty for damages to sidewalks '65-496 Pathmasters authorized to construct sidewalks '65-496 Road damages, trial of '67-276 Road Commissioners to lay additional tax '71-1012 HEDGES — Land owners may plant on roadside '68-570 LIST OF SPECIAL ACTS. 391 Erie County — Continued. HORSES — To prevent running at large. See Strays — Fences '67-691, '70-230 INDEPENDENT SCHOOL DISTRICT '69-561, '79-37 JUSTICE OF THE PEACE— Acts confirmed Ch. 3113 Coimty to be districted for appointment of '14-96 Damages, road, to hear and determine '43-220 Fees for '46-176 Fines to be paid to school district '72-752 Sheep losses, to adjust '72-671 Strays, duties of, relative to Ch. 4680 LE BOEUF TOWNSHIP— Polling place fixed '42-325 Erection of town house in mill village — Loan authorized '67-967 M'KEAN TOWNSHIP— Polling place fixed '49-258 MILEAGE of Constables for conveying paupers '47-230 MILL CREEK TOWNSHIP— Annexation of part to Erie City, '34-520, '48-430, '73-594, '70-242, '71-811 Ash Lane, widening and improving of '69-106 Bounties, volunteer, payment authorized '65-312 Clerk, Road Commissioners to employ '60-80 East Lane, Road Commissioners to lay out '66-591 East Lane, width Act of April II, '65, repealed '67-669 Labor road tax '66-497 Masters of vessels to return vagrants '27-436 Pathmasters, Road Commissioners to appoint '60-80 Polling place fixed '56-457 Public Park, Erie City authorized to establish in '73-594 Reserved tracks near Erie, sale of Ch. 2069 Ridge Road, as to sidewalks on Act of April 10, '67, rep. '71-1331 Width fixed '65-534 Road Commissioners may employ a clerk '60-80 Compensation fixed '60-80 To appoint pathmasters '60-80 Road tax, when to be collected in money '62-453, '66-497, '69-294 Twenty-five per cent, in money '53-487 Sidewalks, construction of '63-405 On Ridge Road Act of April 10, '67, repealed '71-1331 Town house, erection of, authorized '56-457 Tract No. 309 to be drained '66-478 Unpatented lands in Ch. 4589 Vagrants, masters of vessels to return '27-436 Volunteer bounties, payment of, authorized '65-312 West Tenth Street, width fixed '69^55 392 APPENDIX. Erie County — Continued. NORTH EAST TOWNSHIP — Masters of vessels to return vagrants Polling place fixed Road Commissioners authorized to levy additional tax, '54-244, '71-1038 ORCHARDS— Protection of '53-387 PATHMASTERS — When Road Commissioners to appoint Duties of When to settle '43-220, To provide for election of '46-262, '48-249. See PAUPERS — When to be sent to Almshouse. See Poor House '47-230, Constables compelled to convey '47-230, Cost of support of, apportioned among the several districts POOR HOUSE — To be open to inspection of visitors. See Paupers Election as to erection of Farm, a strip of land along ceded to Erie County To provide for sale of a portion of '68-427, ROAD COMMISSIONERS Act of May 16, '57, repealed Assessors to furnish copies of assessments Compensation fixed by Auditors '43-219, '50-282, Courts, Commissioners to be vested with powers of Damages to sheep by dogs appraised by '69-288, Drainage of farm lands superintended by Duties of, defined — election of Farm lands, Commissioners to superintend drainage of Fences may remain five years after planting hedges Pathmasters to be appointed by Private roads, powers over Road tax, extra Roads, opening and vacating Sheep, damage to by dogs to be appraised by '69-288, Tax, additional, levy and collection of '43-218, Vacancies in board to be filled by Board Views '46-176. See ROAD DAMAGES — Selection of jurors to try Act of April 15, '57, repealed, '57-550. See Assessment and collection of '43-220, '46-175, ROAD TAXES — Levy and collection of. See Road Commissioners, '43-218, 219, '46-175, '49-102. See How much to be in money ROADS AND BRIDGES— Erie County excepted from Act of April 13, '43. See Act of May 18, '93, '54-295. Act April 15, '57, repealed '57-550. 27-436 45-153 43-218 43-218 50-282 '95-199 56-410 56-410 69-662 39-425 '40-31 64-680 70-817 57-550 43-218 65-478 52-344 72-671 68-452 43-217 68-452 68-570 43-218 52-344 46-177 46-175 72-671 46-177 43-217 95-199 46-176 '95-70 95-199 95-199 73-719 LIST OF SPECIAL ACTS. 393 flrie County — Continued. ROAD VIEWS — Road Commissioners to make '46-176. See '95-199 SCHOOL DIRECTORS authorized to select sites for school houses '61-361 SCHOOL HOUSES— Method of selecting sites for '61-361 SCHOOL TAXES— Collection of '52-383, '53-27 SHEEP — To improve the breed of. See Fences Act of March 29, 1783, extended to Erie County Ch. 4138 To prevent running at large '70-230 Damage to, by dogs, to be adjusted by Road Commissioners, '69-288, '72-671 Running at large Act of April 3, '67, repealed '69-800 Damage to, evidence of '72-671 Paid by owner of dog, when known '72-671, '73-170 Provisions for protection of '73-170 SPRINGFIELD TOWNSHIP— Masters of vessels to return vagrants landed by them '27-436 Sidewalks or shade trees, penalty for injuring '73-642 Construction and maintenance of sidewalks '73-642 STATE ROADS— Townships to maintain Ch. 5227 STRAYS— Taking and empounding of — Sheep • Ch. 4680 Cattle running at large '57-196 SUMMIT TOWNSHIP— Polling place fixed '54-247 Road Commissioners authorized to erect town house '63-230 SUPERVISOR— Office abolished '43-219 SWINE— To prevent rimning at large. See Fences '57-196, '70-230, '78-57 When declared strays '57-196 Act of April 3, '67, repealed '69-800 TAX COLLECTORS to give description of land returned '49-102 TAXES— Collection of '52-383, '53-27, '54-600 As to collection of. See School Tax — Road Taxes, Act of May 24, '69, repealed '70-91 Labor, road, part in money. See Assessments '73-719 THISTLES, CANADA— To prevent the spread of '61-421 To be cut twice a year '55-476 TOWN CLERK— When Court to appoint Ch. 4680 TOWNSHIP AUDITORS— Compensation of '65-475 When to settle '43-220, '50-282, '65-478 TOWNSHIPS to keep State roads in repair Ch. 5227 Authorized to pay bounties to soldiers '64-16, '65-312 Cost of county bridges to be equalized '70-568 TREES— Protection of '53-387 394 APPENDIX. Erie County — Continued. UNION TOWNSHIP — Road Commisaioners authorized to levy and collect additional tax '73-450 Erection of town house authorized '73-450 UNSEATED LANDS— Payment of road tax on '43-219 Appeals from assessments of '31-278 Advertisement of '49-102 To be returned for '55 after time '55-77 Sale of certain '69-809 VENANGO TOWNSHIP— Lands in, annexed to Wattsburg for school purposes '67-1073 To prevent cattle, horses, mules, sheep and hogs from running at large '67-1082 Road Commissioners authorized to erect town hall '71-591 WASHINGTON TOWNSHIP— Name of Conneauttee changed to '34-294 A part attached to Edinboro for school purposes '59-28 Repealed. See Act of May 26, '93 Polling place of, may be in Edinboro '63-483 WAli:.KFORD TOWNSHIP— Polling place fixed '30-314 A portion of Shunpike road vacated '52-174 (Spearing fish in Lake LaBoeuf prohibited '72-545 WAYNE TOWNSHIP— Polling place fixed '28-391 FAYETTE COITNTT. Organized from part of Westmoreland County, September 26, 1783. Ch. 1045 ASSESSORS'— Pay fixed. See Taxes '65-80, '69-117. See '95-25 BRIDGEPORT INDEPENDENT SCHOOL DISTRICT *5O-20, 79 BROWNSVILLE TOWNSHIP— Polling place fixed '54-47 Bounty tax authorized '64-1008 School loan authorized '66-597 BULLSKIN TOWNSHIP— Election of constables. Act of February 24, '20, repealed '23-232 Constables eligible to re-election '32-173 Polling place fixed '40-337 TVo additional Supervisors '66-630 CANADA THISTLES— To prevent the spread of '61-421 CATTLE — Trespassing of. See Fences Ch. 4900 LIST OF SPECIAL ACTS. 395 Fayette County — Continued. CONNELLSVILLE TOWNSHIP— Separate election district '51-88 Election of Supervisors '51-88 Pay of Supervisors '64-770 Relative to roads Act of March 18, '69, extended '73-772 Constable, re-election of '39-98 CONSTABLES— Eligibility to re-election '27-24 COUNTY TREASURER— To disburse poor funds '35-11 Election of '39-691 DIRECTORS OF POOR— Election and duties of Ch. 5204, '46-348 County Treasurer to be treasurer of '35-11 Authorized to change lands with L. S. Gaddis '64-741 Appeals from decision of '46-348 Compensation of '73-394 To erect Poor House '79-93 DOG TAX enacted Ch. 3718 Repealed '25-99, '81-36 DUNBAR TOWNSHIP— Labor road tax '53-429 Election of Supervisors '44-242, '53-429, 523 Part of Act of April 18, '53, repealed '55-349 Election and duties of Road Commissioners '71-899, '73-761 Roads Act of May 18, '71, repealed '81-74 ELECTIONS regulated '55-99 FENCES— Regulation of Ch. 4900, '62-496. See '95-376 Act of March 27, 1784, repealed. Ch. 3846, '62-496 FRANKLIN TOWNSHIP— Election of Supervisors '39-97 Polling place fixed '40-339, 668 School Directors authorized to levy tax '72-89 To pay certain claims '66-490 FRUIT— Protection of '55-169 GARDENS— Protection of '55-169 GEORGE TOWNSHIP— Divided into four road districts '50-260 Four Supervisors authorized '38-611, '50-234 Relative to the use of school funds '72-806 GERMAN TOWNSHIP— Election of Supervisors '32-152 Land of Benjamin Brown attached to '51-140 Polling place fixed '50-414 Relative to roads '73-181, repealed '97-192 Surplus bounty money appropriated to schools '65-470 HENRY CLAY TOWNSHIP— Commission of Tax Collectors '33-222 HOGS — See Swine HORNET SCHOOL DISTRICT erected '52-704 396 APPENDIX. Fayette County — Continued. HOilSES— Trespassing of Ch. 4900 JEFFERSON TOWNSHIP— Polling place fixed '40-348, '45-149, '54-348 Agricultural Society incorporated '55-732 Bounty tax authorized '68-616 Luzerne Township Road Act extended to '72-682 JUSTICE OF THE PEACE— County divided into districts Ch. 3868 Duties of, in relation to paupers Ch. 5204, '46-348 To commit paupers only on evidence '55-380 LAGRANGE INDEPENDENT SCHOOL DISTRICT erected '66-669 Frazer farm excluded from '73-534 LUZERNE TOWNSHIP— Polling place fixed '53-59 Collection of taxes '52-626 Election of Supervisors — Repair of roads by contract '69-387 Act of March 18, '69, repealed '87-54 MENALLEN TOWNSHIP— Erection of '30-314 Polling place fixed '42-47, 108 Four Supervisors authorized '50-260 Bounty tax legalized '68-144 School Directors authorized to levy bounty tax '72-396 NEW HAVEN TOWNSHIP— Certain persons exempted from bridge tolls '68-951 NICHOLSON TOWNSHIP divided into four districts and four Super- visors authorized '50-260 Polling place fixed '46-20 Relative to roads '73-181 NORTH UNION SCHOOL DISTRICT '52-239 NORTH UNION TOWNSHIP— Erection of '61-370 May elect four Supervisors '69-347 ORCHARDS— Protection of '55-169 OVERSEERS OF POOR abolished Ch. 5204 PAUPERS— Care and employment of Ch, 5204, '46-348 To be committed only on evidence '55-380 PERRY TOWNSHIP— Election of Supervisors '66-647 Bounty tax authorized '67-1257 School loan authorized '68-255 Relative to roads '73-181 POOR DIRECTORS— See Directors of Poor POOR HOUSE— Erection of Ch. 5204, '46-348, '79-93 POOR TAXES to be paid to County Treasurer '35-11 REDSTONE TOWNSHIP— Bounty tax authorized '68-1110, '69-204 Roads Act of February 7, '73, rep. '81-44 LIST OF SPECIAL ACTS. 397 Fayette County — Continued. KOAD TAX to be worked before September '31-278, '52-626, '87-54 How road tax to be expended '45-129 ROAD VIEWS— Expenses to be paid by petitioners '43-177, '52-705 KUAD VIEWERS— Powers and duties of '45-25, '55-313 SALTLICK TOWNSHIP— Cash road tax '32-514 Commission of Tax Collectors fixed '33-222 Polling place fixed '44-80, 578, '48-200 Sub-school district '52-704 Additional Supervisor authorized '69-929 Koads Act of May 5, '32, repealed '78-49 Act of March 18, '69, extended to '73-772 (SCHOOL COMMITTEES— Election of '53-523 Directors may condemn land for school purposes '61-361 SHEEP— To improve the Freed of. See Dog Tax Ch. 3779 SOUTH UNION TOWNSHIP— Erection of '61-370 School district '52-239 Certain lands, attached to, for schools '66-516 Roads Act of May 18, '71, repealed '81-74 Opening and maintenance of '73-181 SPRINGFIELD TOWNSHIP— Separate election district '50-85 SPRINGHILL TOWNSHIP— Four Supervisors authorized '52-576 Bounty tax authorized '67-1095 Roads Act of February 27, '73, repealed '85-170 STEWART TOWNSHIP— Two additional Supervisors authorized '60-205 STRAYS — See Cattle— Trespassing SUPERVISORS to perform duties of Overseers of Poor Ch. 5204 To work roads before September '31-273, '52-626, '87-54 Pay fixed '64-776, '65-80, '69-117 SWINE— Trespassing of Ch. 4900 Act of March 27, 1784, rep. Ch. 3846, '62-496 TAX COLLECTORS— Appointment of '60-166 TAXES — What lands may be sold for. See Assessments — Bounty — Road Tax '69-531 THISTLES, CANADA— To prevent the spread of '61-421 TOWNSHIP OFFICERS— Terms of '79-95 TRESPASS on orchards, etc. '55-169 TRESPASSING of horses, cattle and swine. See Fences Ch. 4900 TYRONE TOWNSHIP— Constables eligible to re-election '44-21 Polling place fixed '44-78, 245, '54-272, 349 Bounty tax authorized '65-520 398 APPENDIX. Fayette Coimty — Continued. UNION TOWNSHIP— Four Supervisors authorized. See North Union — South Union '50-260 Polling place fixed '51-149 Division of, into two townships '61-370 UNSEATED LANDS— Sale of, for taxes '35-265, '69-531, '81-35 VIEWERS— Appointment of by Court '55-313 Road to be paid by petitioners '43-177, '52-705 And bridge, powers and duties of '45-25, '55-313 WASHINGTON TOWNSHIP— Polling place fixed '54-348 New school district '66-669 Election of constable '40-540 WHARTON TOWNSHIP— Commission of Tax Collectors '33-222 Four Supervisors authorized '64-133 YOUGHIOGHENY TOWNSHIP— Polling place fixed '48-200 FOREST COUNTY. Organized from parts of JefTerson and Venango Counties, April 11, 1848, P. L. 51, Page 744, and October 31, 1866, P. L. 67, Page 1527. ASSESSORS' pay fixed '66-518 BRIDGE VIEWERS' pay fixed '71-592 COLLECTORS— See Taxes ELECTIONS— Regulated '59-8 HARMONY TOWNSHIP— To prevent hunting deer with dogs '69-202 HICKORY TOWNSHIP— Taxation of unseated lands '70-1202 HOWE TOWNSHIP — Commissioners to take charge of Warren and Ridgway Turnpike '71-590 JENKS TOWNSHIP— Polling place fixed '59-8 KINGSLEY TOWNSHIP— Taxation on unseated lands '70-1202 MILLSTONE TOWNSHIP— Hunting deer with dogs '66-564 Annexed to Elk County '70-364 POOR AND ROAD TAXES— Collection of '71-97 ROAD AND BRIDGE VIEWERS— Increase of pay of '71-592 ROAD COMMISSIONERS— Pay fixed '66-513, '69-642 ROAD TAXES on unseated lands '53-518 Collection of '69-642, '71-97 ROADS — Venango County road law extended to '69-642. See '01-394 SEATED LANDS— Return and sale of '71-124 Redemption of '71-615 LIST OF SPECIAL ACTS. 399 Forest Comity — Continued. BUPEKVISOKS— Fay fixed '66-518 SURVEYORS — Increased pay for road work '71-592 TAXEfe— State and County, collection of '62-495, '81-75 Foor and road, collection of '69-642, '71-97 Collection of Act of April 11, '62, repealed '81-75 TIONESTA TOWNSHIP— Taxation of unseated lands '70-1202 Appropriation of road tax '44-270 TOWNSHIP AUDITORS— Pay fixed '66-518 TREASURER'S SALES of lands for poor taxes '71-97 Fees fixed '70-283 Of seated lands regulated '71-124 Redemption of seated lands '71-615 UNSEATED LANDS— Townships liable for road orders '53-518 Return of sale of. See Treasurer's Sales — Road Taxes '71-97, 124 VIEWERS— To increase pay of '71-592 FRANKLIN COUNTY. Organized from part of Cumberland Coimty, September 9, 1784. Ch. 1096. ABATEMENTS— See Taxes ANTRIM TOWNSHIP— Election of Supervisors '32-122, '43-53 Four election districts — Four Supervisors '45-153, '69-326 School district Act of March 8, '47, repealed '48-444 Bounty tax authorized '66-491, '67-673, '69-626 ASSESSMENTS of seated lands to be where Mansion House stands. See Taxes '71-1067 BRIDGE VIEWERS— Powers and duties of '54-204 BRIDGES, FOOT— Supervisors to maintain '49-508 CATTLE nmning at large Act of March 4, '65, rep. '66-332 COLLECTION OF TAXES— See Taxes '49-167 CONSTABLES— Duties of, in relation to collection of taxes '53-129 DIRECTORS OF POOR— Election and duties of Ch. 2766, '40-737, '68-1109 Pay fixed '50-402, '64-209 DOG TAX— '60-221 DOGS — Hunting deer with, prohibited '59-220 ELECTIONS regulated '49-89, '55-99 FANNETT TOWNSHIP— Polling place fixed '34-476 Election of Supervisors '41-16, '46-21, '47-136, '69-326 FAYETTEVILLE DISTRICT established '33-459 FOOT BRIDGES OVER STREAMS— Supervisors to maintain '49-508 400 APPENDIX. Franklin County — Continued. FRUIT— Protection of '54-430 GREENE TOWNSHIP— Polling place fixed '38-611, '46-422 Bounty tax authorized '66-491 GUILFORD TOWNSHIP— Election of Supervisors '48-192, '69-326 Part annexed to Adams County '38-607, '39-22 Polling place changed '58-92 Bounty tax authorized '66-491, '67-1270 HAMILTON TOWNSHIP— Polling place fixed ^ '54-343 Bounty tax authorized '67-889 Election of Supervisors '69-326 HORSE VALLEY TOWNSHIP— Polling place fixed '59-480 Part annexed to St. Thomas Township '60-129 LETTERKENNEY TOWNSHIP— Election of schoolmen '29-229 Election of Supervisors '69-326 Polling place fixed '59-480 Surplus bounty fund appropriated to schools '66-552 LURGAN TOWNSHIP— Polling place fixed '42-264 Election of Supervisors '69-326 Sale of school lot '63-307 MEAL TOWNSHIP— Election of Supervisors '47-136 METAL TOWNSHIP— Election of Supervisors '42-46, '47-13o, '69-326 MONTGOMERY TOWNHIP— Bounty tax authorized '67-465 School district regulated '46-298 Road taxes, collection of '37-308 Bounty payment legalized '70-670 Tax, exonerations '71-1203 Election of Supervisors '69-326 ORCHARDS— Protection of '54-430 OVERSEERS OF POOR abolished '27-66 PAUPERS— Care and employment of Ch. 2766 Sale of property of '40-737 Pl!.±^RS TOWNSHIP— Polling place '48-56 (Schools regulated '48-444 Bounty tax authorized '66-491 Election of Supervisors '69-326 POOR DIRECTORS— See Directors of Poor POOR HOUSE Ch. 2766 QUINCY SCHOOL DISTRICT Act of March 7, '44, rep. '46-113 LIST OF SPECIAL ACTS. 4OI rranklin County — Continued. QUINCY TOWNSHIP— Election of Supervisors '49-508 Polling place fixed '38-611, '42-326, '52-330 Supervisors to give bonds '45-121 Election of '69-326 REBATE for prompt payment of taxes '49-167 ROADS — Opening and repairing of. See Supervisors, '54-204, '67-429, 580, '69-368 Maintenance of '67-580, '69-325 Election to decide on Act of March 14, '67, repealed '68-501 ROAD TAX— Additional, authorized '70-615 Collection of '69-325 ROAD VIEWERS— Duties of '54-204, '69-368 ST. THOMAS TOWNSHIP— Polling place fixed '42-264, '45-46, '59-480 Schools regulated '48-444 Land in Horse Valley annexed to '60-129 Election of Supervisors '69-326 Bounty tax '70-132 SEATED LANDS to be assessed in coimty where mansion house stands '71-1067 SHEEP— See Dog Tax SOUTHAMPTON TOWNSHIP— Election of Supervisors '40-344, '69-326 Polling place fixed '32-409, '45-523, '46-420 Bounty tax authorized '66-491 SUPERVISORS to maintain foot bridges over streams '49-508 Election and duties of '35-46, '42-50, '67-429, '69-325 TAXES— Collection of. See Road Tax, '49-167, '50-276, '51-214, '53-129, '71-747, '85-204 Rebates on. See Assessments '49-167, '54-797 TRESPASS ON ORCHARDS, ETC. '54-430 VIEWERS— Road and bridge, powers and duties of '54-204, '69-368 VOTERS— See Elections WARREN TOWNSHIP— Election of Supervisors '69-326 WASHINGTON TOWNSHIP— Election of constables Ch. 4248 Road tax '37-308 Election of Supervisors '43-53, '57-409, '69-326 Polling place fixed '49-556 402 APPENDIX. FULTON COUNTY. Organized from part of Bedford County, April 19, 1351. P. L. 805. AYK TOWNSHIP— Bounty tax Act of March 24, '65, repealed '67-1537 Act extended to '67-1281 BETHEL TOWNSHIP— Elections regulated '51-132 Polling place fixed '51-602 COLLECTORS— See Taxes CONSTABLES— When to make return to Court '60-234 Duties of, relative to collection of school taxes '67-1262 DUBLIN TOWNSHIP— Polling place fixed '54-272 FKUIT— Protection of '55-55 LICKING CREEK TOWNSHIP— Sale of school house confirmed '53-672 ORCHARDS— Protection of '55-55 OVERSEERS OF POOR— Election of '41-333 POOR — Maintenance of, in State Lunatic Asylum, to be paid by County '83-127 ROADS— Opening of '55-223 ROAD— Damages '55-223 ROAD VIEWERS— Duties of '55-223 ROADS— Width of '17-272 SCHOOL DUPLICATE to be furnished by County Commissioners '97-12o2 SCHOOL TAXES— Collection of '67-1262, '68-184 Rebate on '67-1262 TAXES — To regulate the collection of '53-129, '64-373, '67-1262, '68-184, '69-1050 TAYLOR TOWNSHIP— Polling place changed '53-274, '60-10 THOMPSON TOWNSHIP— Polling place fixed '52-286 TODD TOWNSHIP— Annexation of certain lands for schools '67-87(5 TRESPASS ON ORCHARDS '55-55 UNSEATED LANDS— Collection of taxes '52-236 VIEWERS— Road '55-223 WELLS TOWNSHIP— Divided into sub-school districts '51-131 Pay of Supervisors and Auditors increased '71-1202 LIST OF SPECIAL ACTS. 4^3 GREENE COUNTY. Organized from part of Washington County, February 9, 1796. Ch. 1859. ALEPPO TOWNSHIP— Polling place fixed '43 53 Game Act of April 21, '69, repealed as to squirrels '72-'o25 School district Act of February 25, '50, rep. '52-44-t Special school tax authorized '67-1034 ASSESSMENTS to be revised and equalized by County Commis- sioners '68-1028 ASSESSORS— Pay fixed. See Taxes '65-690 BOARD OF REVISION OF TAXES '68-1028 CENTER TOWNSHIP— Two additional Supervisors authorized '61-41 To let repairs of roads to lowest bidder '71-1112 CONSTABLES— Eligibility to re-election '27-24, '31-71 As to collection of taxes Act of May 8, '55, repealed '69-808 CUMBERLAND TOWNSHIP— Election of Supervisors '51-425 Bounty tax authorized '64-787, 1008, '65-220 Labor road tax ^ '69-1122 To let road repairs to lowest bidder '71-1112 DELINQUENT TAXES— Penalty '57-163 DIRECTORS OF THE POOR— Election of '40-111 Pay fixed '62-55 Powers and duties of '40-111, '59-580, '64-65 Fines payable to '64-65 DOG TAX Ch. 5059 DUNKARD TOWNSHIP— Independent School District erected '52-320 ELECTIONS regulated '49-89, '53-340, '62-307 FRANKLIN TOWNSHIP— Election of Supervisors '51-523 Bounty tax authorized '64-794 To let road repairs to lowest bidder '71-1112 FR UlT— Protection of '61-478 GARDENS— Protection of '61-478 GILMORE TOWNSHIP— Land of John Lantz annexed to '63-4o6 Game Act of April 21, '69, repealed, as to squirrels '72-625 Act to annex Jacob Renner's farm repealed '72-636 GREENE TOWNSHIP— Independent School District erected '52-320 Bounty tax authorized '65-165 26 404 APPENDIX. Greene County — Continued. JACKfcJON TOWNSHIP— School District No. 9 erected '52-704 Bounty tax authorized '65-165 Game Act of April 21, '69, repealed as to squirrels '71-625 JEFFERSON TOWNSHIP— Bounty tax authorized '64-368, 1020 Uwchlan road law extended to '69-703 JUSTICE OF THE PEACE— When to commit paupers '55-380 MAKION TOWNSHIP— Justices of the Peace may hold office in Waynesburg '51-6 MONONGAHELA TOWNSHIP— Polling place fixed '42-461 Opening and maintenance of roads '72-627 MORGAN TOWNSHIP— Independent School District erected '52-717 Bounty tax authorized '64-1021 Uwchlan Township road law extended to '69-703 MORRIS TOWNSHIP— Road repairs '71-694, repealed '99-27 MOUNT MORRIS erected into a separate school district '50-142 Independent School District, authorized to borrow money '71-182 OVERSEERS OF POOR abolished '40-115, '59-580 PAUPERS— Care and employment of '40-111, '59-580 When to be committed '55-380 Fees for removing of '71-404 PENALTY on delinquent taxes '57-ro3 PERRY TOWNSHIP— Separate election district '42-44 Bounty tax authorized '64-787 Collection of bounty tax '68-424 POOR DIRECTORS— See Directors of Poor POOR FUND— Fines payable to '64-65 POOR HOUSE— Erection of '40-111, '41-334, '50-311, '59-580, '60-69 RICHHILL TOWNSHIP— Two additional Supervisors authorized '59-214 Bounty tax authorized '64-83 Uwchlan Township road law extended to '69-703, repealed '99-244 ROAD MASTERS— Election of '44-568 ROAD TAXES — Assignment of, to certain sections '68-o67 ROAD VIEWS AND REVIEWS Act of March 12, '60, repealed '76-207 Regulated '45-25 SOUTH ALEPPO SCHOOL DISTRICT erected '52-601 SPRING HILL TOWNSHIP— Polling place fixed '61-158 Game Act of April 21, '69, repealed as to squirrels '72-625 Jacob Renner's farm transferred to Gilmore Township Act rep. '72-636 SUPERVISORS— Duties of, in relation to paupers '40-116, '59-580 Election of '44-5'o8 Pay fixed '65-690 LIST OF SPECIAL ACTS. 4^5 Greene County — Continued. TAXES— To regulate collection of '55-528, '62-56, '68-667, '69-808, '85-204 Tenalty on — See Assessments — Road Taxes '57-163 TRESPASS on orchards, etc., penalty for '61-478 VIEWERS OF ROADS '45-25, '76-207 WASMIJNGTON TOWNSHIP— Two additional Supervisors authorized '59-214 Roads, Cumberland Township, Act extended to '72-101 WAYNE TOWNSHIP— Polling place changed '60-112 Two additional Supervisors authorized '60-152 Eounty tax authorized '65-184 Game Act of April 21, '69, repealed, as to squirrels '72-625 WHITELEY TOWNSHIP— Additional Supervisors '67-1029 HUNTINGDON COUNTY. Organized from part of Bedford County, September 20, 1787. Ch. 1300. ANTIS TOWNSHIP— Polling place fixed '42-53 APPEALS from assessments '32-153 BARREE TOWNSHIP— Election of Supervisors '32-152, '48-187 BAYNTON, PETER— Taxes on land of, paid by State Ch. 4899 BOARD OF REVISION OF TAXES '62-148 BRADY TOWNSHIP— Polling place fixed '54-247 BRIDGES Act of April 13, '43, repealed '44-86 CARBON TOWNSHIP— Erection of lock-up '59-451 CASS TOWNSHIP— Polling place fixed '43-53 State road changed '54-441 CLAY TOWNSHIP— Repairs of roads '64-167 Four Supervisors authorized '69-418 CONSTABLES to remove obstructions in navigable streams Ch. 5111 Duties of, in relation to collection of taxes '72-179 COUNTY BRIDGES Act of April 13, '43, repealed '44-36 CROMWELL TOWNSHIP— Additional Supervisor authorized '61 -08 DIRECTORS OF THE POOR— Pay fixed '51-29 Duties and election of '50-693 Mileage allowed '55-377 Sale of Poor House farm '52-653 Authorized to purchase real estate '71-80 Mileage and time of meeting Act of March 14, '73, repealed '76-136 406 APPENDIX. Huntingdon County — Continued. DUBLIN TOWNSHIP— Certain roads Act of April 5, '43, rep. '50-641 Polling place fixed '53-81 Additional Supervisor authorized '61-68 FRANKLIN TOWNSHIP— Polling place fixed '44-14, '50-730 FKANKSTOWN TOWNSHIP— Separate School District '37-233 FKU IT— Protection of '60-362 HENDERSON TOWNSHIP— Polling place fixed '49-110 Act to annex farm of John Warfel to Oneida Township re- pealed '72-1050 HOPEWELL TOWNSHIP— Polling place fixed '51-294, 563 Bounty tax authorized '64-1019, '66-501 HUNTINGDON SCHOOL DISTRICT— Boundaries extended '51-121, '52-143 JACK.SON TOWNSHIP— Loan authorized '52-667 Roads and bridges Act of April 22, '57, repealed '59-133 Polling place changed '59-145 MORRIS TOWNSHIP— Independent School District erected '70-1084 ONEIDA TOWNSHIP — Certain lands annexed to for school purposes '66-613 Act to annex farm of John Warfel repealed '72-1050 ORCHARDS— Protection of '60-3o2 OVERSEERS OF POOR— Office abolished '50-696 PATTERSON INDEPENDENT SCHOOL DISTRICT— Erection of '70-1084 PENN TOWNSHIP— Polling place fixed '53-175, '54-354 POOR DIRECTORS— See Directors of Poor POOR HOUSE— Erection of '50-692, '51-29 POOR HOUSE FARM— Sale of '52-653 PORTER TOWNSHIP— Cash road tax '52-206 Erection of Independent School District '71-1279 Bounty tax authorized '64-1019 Pay of Supervisors '67-1230 ROADS Act of April 13, '43, repealed '44-8o ROAD TAXES— Collection of '30-41 SHIRLEY TOWNSHIP— Polling place fixed '42-49, '54-193 Two additional Supervisors authorized '61-162 Collection of road tax '69-1096 I'wenty-mill road tax authorized '71-837 County appropriation to a certain road '71-415 SNYDER TOWNSHIP— Separate election district '42-53, 264 SOUTH MAHONING TOWNSHIP— Election of Supervisors '51-87 SPRINGFIELD TOWNSHIP— Polling place fixed '44-575 SUGARGROVE TOWNSHIP— Separate election district '42-127 I LIST OF SPECIAL ACTS. 4^7 Huntingdon County — Continued. SUFEKVISORS— Duties of '30-41 Not required to give bond Act of April 16, '61, repealed '89-168 TAXES — To regulate the collection of. See Board of Revision — Con- stables—Road Taxes '65-796, '72-179, '85-204. See '01-398 TELL TOWNSHIP— Polling place fixed '43-53 Twenty-mill road tax authorized '71-837 County appropriation to certain road '71-415 TOD TOWNSHIP— Polling place fixed '49-110 Erection of lock-up '58-153 TOWNSHIP ACCOUNTS— Settlement of '30-41, 190, '54-260 TOWNSHIP AUDITORS— Pay, election and duties of '30-190, '54-2o6 TRESPASS — On orchards, gardens, etc., penalty for '60-362 On railroad cars prohibited '73-181 UNION TOWNSHIP— Polling place fixed '43-52, '44-18 UNSEATED LANDS — Owners of may appeal from assessments '33-153 WALKER TOWNSHIP— Erection of independent school district '71-1279 WARRIOR'S MARK TOWNSHIP— Polling place fixed '42-321 Bounty tax authorized '65-142 Water Company '53-742, '57-480, '63-403 Compensation of Auditors and Supervisors fixed '72-1025 WOODBURY TOWNSHIP— Separate assessment district '39-594 INDIANA COUNTY. Ojganized from parts of Westmoreland and Lycoming Counties, March 30, 1803. Chapter 2363. APPEALS FROM ASSESSMENTS '71-665 ARMSTRONG TOWNSHIP— Polling place fixed '49-556, '53-214 W. C. McKnight's land attached to '51-140 ASSESSMENTS— Appeal from. Bee Taxes '71-665 ASSESSORS— Pay fixed '66-718, '67-505, '68-1120, '69-683 BLACKLICK TOWNSHIP— Election and duties of Supervisors '51-88 Special school tax '68-996 BRIDGES— Building and maintaining '60 144 BRUSH VALLEY TO WNSHIP— Polling place fixed '61-158 Election of Supervisors '60-55 BURRELL TOWNSHIP— Polling place fixed '54-106 Election of Overseers of Poor '59-465 Collection of road taxes '66-718 408 APPENDIX. Indiana Coiinty — Continued. Liquor licenses '67-591 Surplus bounty fund '67-917 To prevent cattle, etc. from running at large '70-580 CEMTRE TOWNSHIP— Boundaries enlarged '50-726 Additional Supervisor authorized '57-131 Polling place fixed '60-111 Cli ERRY HILL TOWNSHIP— Polling place fixed '55-52 Election of Treasurer — Part of road tax collectible in money, '56-382, repealed '95-66 Additional Justice of the Peace '67-192 CLARKSBURG SCHOOL DISTRICT erected '50-180 CONEMAUGH TOWNSHIP— Road taxes part payable in money '50-373, '56-78 Four Supervisors authorized '68-873 {Supervisors authorized to collect road taxes in money '72-457 CONSTABLES— Duties of in relation to collection of taxes '72-954, '73-472 DIRECTORS OF POOR— Election, pay and duties of '55-202 Erection of Poor House and purchase of farm '55-202, '56-326 DRAINAGE of wet and swampy lands '63-293 Of mines '71-318 FRUIT— Protection of '53-491, '55-155 GARDENS— Protection of '53-491, '55-155 GEORGEVILLE SCHOOL DISTRICT erected '52-600 GREEN TOWNSHIP— Polling place fixed '55-52 Part of road tax payable in money '57-72 Supervisors and Overseers to give bond — Election of Treasurer '61-682 Election of Treasurer Act of April 17, '56, repealed '64-374 Bounty tax authorized '65-116 JUSTICE OF THE PEACE— County divided into districts Ch. 38o8 LAND— Drainage of '63-293 MAHONING TOWNSHIP— Auditors appointed to settle accounts. See North Mahoning— East Mahoning '46-366, '47-180 Election and pay of Supervisors '51-87 Supervisors Act of April 10, '26, repealed '27-385 NORTH MAHONING TOWNSHIP— Polling place fixed '54-446 ORCHARDS— Protection of '53-491, '55-155 OVERSEERS— Pay increased '68-1120 PINE TOWNSHIP— Separate election district '49-556 POOR DIRECTORS— See Directors of Poor. POOR HOUSE— Erection of '55-202 Purchase of farm '55-202^ '56-326 LIST OF SPECIAL ACTS. 4O9 Indiana County — Continued. RAYNE TOWNSHIP— Election of Auditors '46-21 Erection of public hall '67-1207 ROAD VIEWS— Notice to be given '57-310 ROAD VIEWERS— Pay fixed '69-o83 ROADS — Opening and maintaining. See Surveyors '60-144 SCHOOL DISTRICTS Act of April 22, '41, repealed '50-137 Directors authorized to condemn land for school houses. See Teachers' Institutes '65-228 SUPERVISORS— Pay fixed '68-1120, '69-683 SURVEYORS OF ROADS— Pay fixed '54-239, '69-683 bW AMPS— Drainage of '63-293 TAXES, SPECIAL, in aid of railroad extension '53-348 To regulate the collection of '72-954, '85-204 Time of payment. See Assessments — Constables '73-472 TOWNSHIP AUDITORS— Pay fixed '68-1120, '69-683, '70-1217 TOWN TREASURER Act of May 1, '61, repealed '64-874 TRESPASS on orchards and gardens '53-491, '55-155 VIEWERS of drains for wet and swampy lands, duties of. See Road '63-293 WASHINGTON TOWNSHIP— Four Supervisors authorized '54-14'3 Bounty tax authorized '67-334 WET LANDS— Drainage of '63-293 WHEATFIELD TOWNSHIP— Election of constable '25-67 Polling place fixed '60-36 WHITE TOWNSHIP Act of March 11, '51, annexing land rep. '87-123 Auditors, election of '44-60 Bogg, Alexander, land of, attached to '46-420 Getty, John, land of, annexed to '62-298 Indiana Borough, part annexed to '44-327, '48-444, '58-86 Indiana School District, part annexed to '48-444 McDonald, Wilson, land of, annexed to '49-528 Polling place fixed '72-1378 Poor taxes, collection of '73-839 Road taxes to be collected in money '64-772, '68-826 Road, part of, annexed to Indiana '71-1155 School loan authorized '67-970 School taxes, collection of '73-339 St. Clair, John, Act annexing farm of, repealed '87-123 Supervisors, election of '51-480 YOUNG TOWNSHIP— New school district erected '52-528 Polling place fixed '50-87, '60-32 Four Supervisors authorized '65-733 4IO APPENDIX. JEFFERSON COUNTY. Organized from part of Lycoming County, March 26, 1804, Ch. 2466 BAKNETT TOWNSHIP— Duties of Supervisors '48-208, '51-519 Polling place fixed '32-409, '35-357, '54-446 BEAVER TOWNSHIP— Election and school district erected '50-63 Erection of '50-114 Boundaries Act of March 12, '44, repealed '51-608 Boundaries extended '50-454, 1033, '52-245 Polling place fixed '50-114, '53-59 Boundaries Act of April 11, '50, repealed '54-634 CLOVER TOWNSHIP— Polling place fixed '42-322, '50-114 CORSICA TOWNSHIP— Farm of James A. Aaron annexed to '72-1120 DOG TAX Act of April 20, '54, repealed '55-30 ELDRED TOWNSHIP— Polling place fixed '50-113, '51-470, '54-447 Additional poor tax authorized '70-839 ELECTIONS— Time of holding '41-71, '50-322, 345, '58-328 Township, expense to be paid by townships '45-328 FOX TOWNSHIP— Clearfield County annexed to '68-651 FRUIT— Protection of '61-478 GARDENS— Protection of '61-473 GASKILL TOWNSHIP— Polling place fixed '42-322, '44-75 Return of unseated lands, nunc pro tunc '67-1521 HEATH TOWNSHIP— Polling place fixed '47-422 Roads, election of Road Commissioners '48-50 KNOX TOWNSHIP— Polling place fixed and relative to taxes '53-428, 466 McCALMONT TOWNSHIP— Return of unseated land, nunc pro tunc '60-283 Bounty tax authorized '66-346 NORTH PORTER TOWNSHIP— Erection of sub-school district '50-18o OLIVER TOWNSHIP— Return of school taxes on unseated lands '59-148 ORCHARDS— Protection of '61-478 PERRY TOWNSHIP— Divided into two school districts '42-124 New election and school districts erected '51-42-35 Polling place fixed '51-42, '53-525 PINE CREEK TOWNSHIP— Erection of Ch. 2715 Roads, election of Road Commissioners '48-50 POLK TOWNSHIP— Polling place fixed '51-192 Fifteen mill road tax authorized — Supervisors' pay fixed '64-456 LIST OF SPECIAL ACTS. 4II Jefferson County — Continued. PORTER TOWNSHIP— Polling place fixed. See North Porter '49-221, 555 Re-audit of accounts '57-566 School district reduced '50-186 RINGGOLD TOWNSHIP— Jurisdiction of School Directors '50-181, '52-38 Erection of '50-68 School District enlarged '52-111 Polling place fixed '50-68, '53-118 Return of unseated lands, nunc pro tunc '67-1521 ROAD TAX— Two-thirds to be worked before October 1st. See Supervisors — Surveyors. '31-493. Act of April 2, '67, repealed '68-135 On unseated land '42-320, '53-518, '62-214 Labor '68-437 ROADS — Grading and improvement of See Supervisors '26-387, '31-493 Repair of Act of April 10, '26, repealed '28-463 Expenses of opening to be paid by townships '45-328 ROAD VIEWS Act of April 7, '45, repealed '50-205 Viewers, pay fixed '67-662 ROSE TOWNSHIP— Polling place fixed '42-322 Boundaries fixed '38-600 School taxes payable to Brookville '37-379 Disbursement of road taxes '62-438 Certain road authorized '72-1016 SCHOOL DIRECTORS may condemn lands for school purposes '65-228 SNYDER TOWNSHIP— Polling place fixed '35-352, '42-325 Part of Fox Township, Clearfield County, annexed to '68-651 Tax on unseated lands, return of, nunc pro tunc '69-292 Acts of J. W. Green, Justice of the Peace, validated '69-569 Repair and opening of roads by contract '69-919 Sale of liquor prohibited '72-453 SOUTH PORTER TOWNSHIP— Erection of sub-school district in '50-186 SUPERVISORS to give bond— See Roads '45-328 To appropriate road tax '31-493 Pay fixed '65-531, '68-437, '72-672, '74-138 SURVEYORS of roads and bridges, compensation fixed '67-662, '72-672 TAX COLLECTORS— Penalty for refusing to serve '62-i96 Appointment of '61-1079 TAXES — Additional authorized. See Road Taxes '64-461 Collection of '57-53, '71-1079 412 APPENDIX. Jefferson County — Continued, TOWNSHIP AUDITORS to file statement with Clerk of Courts '45-329 To settle first Monday in February '65-718 Pay fixed '67-662, 828, '70-714 TOWNSHIP ELECTIONS '41-71, '42-322 TOWNSHIP OFFICERS Act of April 2, '67, repealed '68-135 TOWN CLERK— Election and pay of '67-662 TOWNSHIP to pay expenses of opening roads and elections '45-328 Treasurer to give official bond '67-662 TRESPASS — On orchards, gardens, etc., penalty for '61-478 UNION TOWNSHIP— Erection of '49-560 Separate election district '49-557 Polling place fixed '50-114, '52-245 VIEWERS OF ROADS '45-254, '50-205, '67-662 WARSAW TOWNSHIP— Separate election district '42-325 Roads, election of Road Commissioners '48-50 Road tax restricted '48-50 Roads and bridges Act of February 13, '47, repealed '49-221 WASHINGTON TOWNSHIP— Polling place fixed '49-557, 553 WHITES VILLE SCHOOL DISTRICT erected '42-124 YOUNG TOWNSHIP— Polling place fixed '51-293 Collection of school tax '55-77 JUNIATA CGUITTY. Organized from part of Miflflin County, March 2, 1831, P. L. BEALE TOWNSHIP— Separate election district Powers of Constables Land of John Woodward annexed to Of William Bratton annexed to Poor house erection BRIDGES on Juniata River, erection of Free on Juniata River DAMAGES— Road DELAWARE TOWNSHIP— Preservation of game Polling place fixed New road and additional road tax authorized Special audit of accounts DIRECTORS OF THE POOR— Election and duties of '43-54 '51-594 '53-186 '59-473 '65-6o5, '66-937, '67-910 '51-803 '50-172, 267 '46-231, '59-283 '52-586 '61-780 '70-735 '72-796 '44-518, '52-369 LIST OF SPECIAL ACTS. 4^3 Juniata County — Continued. DRAINAGE of wet and swampy lands '63-293 EVENDALE INDEPENDENT SCHOOL DISTRICT Election of Assessors authorized '72-272 FAYETTE TOWNSHIP— Preservation of game '56-404 FERMANAGH TOWNSHIP— Polling place fixed '51-429, '52-381 Damage for trespass of cattle, etc. '62-250 Bounty tax authorized '65-512, 515, '66-270 Two additional Auditors to be elected '69-383 GREENWOOD TOWNSHIP— School Directors authorized to collect balance of bounty tax '72-1022 Preservation of game '56-404 LACK TOWNSHIP— Separate election district '49-557 Separate road district erected '51-470 Polling place fixed '52-238 Election of Supervisor Act of April 12, '51, repealed '62-287 Bounty tax authorized '66-439 Poor house, erection of '65-665, '66-937, '67-910 Fences, legal requirements for '71-1137, repealed '01-190 Tenants to maintain fences '71-1137, repealed '01-190 LAND— Drainage of '63-293 MILFORD TOWNSHIP— Separate election district '43 54 {Separate road district erected '51-611 Preservation of game '56-404 Damages for trespass of cattle, etc. '62-250 Poor house— Erection of '65-665, '66-937, '67-910 MONROE TOWNSHIP— Independent school district authorized '70-255 OVERSEERS OF POOR— Office abolished '44-521 PAUPERS— Legal settlement and care of '44-521, '52-5'o9, '65-665 POOR DIRECTORS— See Directors of Poor. POOR HOUSE— Erection of '44-518, '52-369, '65-665 ROAD DAMAGES— Assessment of '46-231, '59-283 ROADS— Act of March 29, '59, repealed. Act of February 24, '45, adopted '71-329 SUPERVISORS— Duties of, in relation to the poor '44-521, '52-372 Pay fixed '69-983 SWAMPS— Drainage of '63-293 TOWNSHIP AUDITORS— Compensation of '72-925 TURBETT TOWNSHIP— Polling place fixed '44-574, '52-631 Protection of game '56-404 Poor house, erection of '65-6o5, '66-937, '67-910 414 APPENDIX. ouniata County — Continued. TUSCARORA TOWNSHIP— Separate election district '49-557 Separate road district '51-470 rolling place fixed '52-238 Poor house, erection of '65-665, '66-937, '67-910 Certain lands annexed to Reed School District '71-'o67 To pay bounty claims '70-676, '71-1191 WALKER TOWNSHIP— Preservation of game '52-536 Bounty tax authorized '65-492 WET LANDS— Drainage of '63-293 LACKAWANNA COUNTY. Organized from part of Luzerne County, by decree of Court, August 13, 1878. ABINGTON TOWNSHIP— Roads and bridges. See North Abington— South Abington '46-205 Sale of liquors regulated '52-287, '53-386 Dog tax for protection of sheep '62-452 Divided into two wards '64-810 Cattle running at large Act of March 17, '69, repealed '70-158 BENTON TOWNSHIP— Roads and bridges '46-205 Polling place fixed '51-140 Dog tax for protection of sheep '62-452 Fishing regulated '67-325, '69-648, '73-1122 Bounty surplus transferred to school fimd '67-522 Protection of fish in '69-648 Protection of pickerel in Sheik's pond '64-132, '66-331 Collection of judgments for taking fish from ponds and lakes '73-1122 BLAKELY TOWNSHIP— Roads and bridges '46-205 Election of additional Justices of the Peace '48-515 Erection of poor house '61-346 Directors of Poor, appointment of '61-346, '62-232 Repairing roads by contract Act of April 3, '62, repealed '64-214 Bounty tax authorized '64-544 Election of Constables '67-942 Appointment of Auditors '68-1 lOT CARBONDALE TOWNSHIP— Election of Justice of the Peace '43-59, 104 Roads and bridges '46-205 Payment of Coimty tax to Carbondale Borough. Act repealed '77-84 Appointment of Flour Inspector '49-582 Supervisors to give bond '52-422 Polling place fixed '51-294 LIST OF SPECIAL ACTS. 415 Lackawanna County — Continued. COVINGTON TOWNSHIP— Roads and bridges '46-205 One-fourth of County tax to be paid to Scranton '70-903, '77-83 To be divided into two wards '69-377, '74-377 Appointment of auctioneers '70-1040 Drainage of land '68-452 FELL TOWNSHIP— Roads and bridges '46-205 Polling place fixed '52-128, 449 Payment of County tax to Carbondale Borough Act repealed '77-84 Twenty mill road tax authorized '68-850 Lien of judgments of Mayor's Court of Scranton '57-337 GREENFIELD TOWNSHIP— Polling place fixed '58-111 Bounty tax authorized '67-912 Lien of judgment of Mayor's Court of Scranton '57-387 JEFFERSON TOWNSHIP— Roads and bridges '46-205 Dog tax for protection of sheep '62-452 County tax payable to Scranton. Act repealed '77-83 Bounty tax authorized • '64-492 Appointment of auctioneer '70-1040 Polling place fixed '50-702, '72-1391 LACKAWANNA TOWNSHIP to constitute part of poor district of Pittston, etc. '60-298, '62-155, '81-77 Appointment of Director of Poor by Court '70-661 Roads and bridges '46-205 Auctions regulated '69-350 Boundaries extended '62-343 Bounty tax authorized '64-544 LAND— Drainage of '68-452 MADISON TOWNSHIP— Polling place fixed '50-113 Dog tax for protection of sheep '62-452 Bounty tax authorized '64-49^ One-fourth of County tax to be paid to Scranton '70-903, '77-83 Roads Act of February 8, '60, repealed '66-704 Appointment of auctioneers '70-1040 School loan authorized '71-598 NEWTON TOWNSHIP— Roads and bridges '46-205 Polling place fixed '43-51, '52-39 Bounty tax '66-359 Erection of Poor House '68-06O NORTH ABINGTON— Erection of poor house '68-6'60 Bounty money appropriated to school purposes '75-65 NORTHERN POOR DISTRICT '68-660 41 6 APPENDIX. Lackawanna County — Continued. OLD FORGE TOWNSHIP erected ^1-1239 Appointment of Director of the Poor by Court '70-661 To constitute part of poor district of Jenkins Township, Pitts- tonboro and Pittston Township '81-77 PROVIDENCE TOWNSHIP— Powers of trustees of township, '35-274, '41-321, '62-526, '69-132 Election and duties of township officers '41-321 Roads and bridges '46-205 Polling place fixed '50-702 Out door poor, relief of '63-233 Poor House, regulation of '62-352, '63-233, '66-230, '68-760, '71-1090 Annexed to Scranton '66-1034 Accounts of the poor '71-1090 Name of poor district changed to Scranton Poor District '79-28 RANSOM TOWNSHIP— Polling place fixed '50-114, '51-192 Bounty tax authorized '66-470 Cattle, etc. not to run at large '68-865 Auctions regulated '70-1241 ROARING BROOK TOWNSHIP— Erection of '71-1086 SOUTH ABINGTON— Erection of Poor House '68-660 Bounty money appropriated to school purposes '75-65 SPRING BROOK TOWNSHIP— Polling place fixed '54-353 WATER COURSES— To be kept open '68-452 WET LANDS— Drainage of '68-452 LANCASTER COUNTY. Organized from part of Chester County, May 10th, 1729. Chapter 306. APPEALS FROM ASSESSMENTS '23-66, '72-215 ASSESSMENTS— Appeals from '23-66, '72-215 Regulating '27-57 Of farms divided by township lines '42-244 Providing for appeal from decision of County Commissioners '72-215 ASSESSORS' pay fixed Act of March 23, '65, repealed '91-63 BART TOWNSHIP— To prevent cattle, etc. from running at large '70-862 Dog tax Act of March 25, '58, repealed '72-184 Roads Acts of March 25, '53, and March 7, '67, repealed '79-7 LIST OF SPECIAL ACTS. 4I7 Lancaster Coimty — Continued. BRECKNOCK TOWNSHIP— Bounty tax authorized '65-208 Surplus bounty funds '68-214 Rabbits and partridges, protection of '72-643 Re-audit of bounty accounts '70-'ol0 To consolidate oflSce of Assessor and constable, Act of February 19, '69, repealed '78-39 BRIDGES — See Viewers — Supervisors Columbia Bridge Company required to reconstruct '67-361 Over Conestoga Creek, by Abraham Witmer, authorized Ch. 1302, 1999 Made free Ch. 3529 County Commissioners may require townships to pay part of cost of erecting '61-358, 488 Duties of, in relation to '47-170 Supervisors, duties of '47-171 Between townships '47-171 Townships to pay part of costs of '61-358, 488 Viewers, how paid '44-103 CAERNARVON TOWNSHIP— Polling place fixed '44-242 Taxes to be collected by lowest bidder '52-327 Election of Assessors and constables '52-694 Bounty tax authorized '65-695 CANADA THISTLES— To prevent the spread of '61-421 CATTLE— To prevent running at large. See Strays '57-124, '67-691, '69-800 CLAY TOWNSHIP— Polling place fixed '54-345 Sale of school house '59-259 COCALICO TOWNSHIP— Election of constable. See East Cocalico— West Cocalico '24-30 COLERAIN TOWNSHIP— To prevent cattle, etc. from running at large '70-862 Dog tax Act of March 25, '58, repealed '72-184 COLLECTORS OF TAXES may be required to give additional bail. See Taxes '40-677 CONESTOGA TOWNSHIP— Taxes to be collected by lowest bidder '52-327 Erection of bridge over Pequea Creek '59-592, '61-200 iSchool loan authorized to pay bounties '67-896 CONOY TOWNSHIP— Islands in river a part of election district '42-43 Bounty tax authorized '65-207 CONSTABLES— Election of Ch. 2540 COURTS OF APPEAL from assessments of taxes '23-66, '72-215 4l8 APPENDIX. Lancaster County — Continued. DIRECTORS OF THE POOR— Accounts, publication of Ch. 3850 Appointments of officers, when to make '61-492 Apprentices may bind Ch. 2405, '46-74 To take security with '55-321 Clerk, appointment of Ch. 3850 Compensation fixed '64-422 Duties of Ch. 1960, 2786, 3850, '24-206, '37-381, '46-74 Election of Ch. 1960 Home of the Friendless, conveyance of land to '68-537 Hospital, building of, authorized '65-300, '66-515 Land, authorized to buy and sell Ch. 4050, '35-166, '68-537 Mileage allowed " '36-303 Oaths may be administered by '37-381 Paupers, residence of '37-381 Property vested in Ch. 2786 Poor House farm, sale of part of authorized Ch. 4050, '35-166 Poor House, new, erection of authorized '65-300, '73-420 Powers and duties of Ch. 1960, 2876, 3850, '24-206, '37-381, '46-74 Treasurer to file accoimt once a year '70-741 DOG TAX Act of April 17, '69, repealed '70-924 DOGS— Registration of '54-286 DRUMORE TOWNSHIP— Title to school house vested in school trustees '51-465 Polling place changed '58-117 Bounty tax authorized '65-154 Surplus bounty fund '68-283 Erection of town house '70-1086 EARL TOWNSHIP— Election of constables. See East Earl— West Earl '31-108 Additional school tax '49-395, '50-276 Polling place fixed '52-40 Bounty tax authorized '65-141 A portion of Ephrata Township annexed to, for school purposes '63-83 EAST COCALICO TOWNSHIP— Bounty tax authorized '65-281 Rabbits and partridges, protection of '72-643 EAST DONEGAL AND RAPHO TOWNSHIPS authorized to pay part of cost of construction of bridge across Little Chiques Creek '61-353 Pay of election officers '51-465 Surplus bounty fund '68-138 To prevent cattle, etc. from running at large '65-444 LIST OF SPECIAL ACTS. 4I9 Lancaster County — Continued. EAST EARL TOWNSHIP— Election on common school system '52-329 Polling place fixed '42-51, '52-40 Election of Assessors and constables '56-70 Collection of taxes '57-340, '58-23 Erection of bridge over CJocalico Creek '59-593 EAST HEMPFIELD TOWNSHIP— Collection of taxes '49-458 Re-audit of bounty accounts '70-473 EAST LAMPETER— Polling place may be changed by popular vote '42-52 Appointment of constable and Justice of the Peace '42-52 Separate election district '42-52 Regulation of common schools '48-109 Taxes to be collected by lowest bidder '48-444 School Directors to apply surplus of bounty funds to school purposes '67-285 EAST STRASBURG TOWNSHIP— Name changed '44-431 ELECTIONS regulated '49-89, '52-129 Appointment of Overseers '54-248, 609 ELIZABETH TOWNSHIP— Collection of taxes '52-403 Polling place fixed '54-345 Dog tax repealed '71-784 To prevent horses, sheep and swine from running at large '73-437 Protection of sheep Act of April 7, '68, repealed '71-784 EPHRATA TOWNSHIP— Taxes to be collected by lowest bidder '52-327 Polling place fixed '43-51, '52-233 Levy and collection of school taxes '47-318 Bounty tax authorized '65-695 Rabbits and partridges, protection of '72-643 Surplus bounty applied to school fund '67-917 To prevent horses, sheep and swine from running at large '73-437 A portion of annexed to Earl Township, for school purposes '63-82 FARMS divided by township lines, how assessed '42-244 FRUIT— Protection of '55-55, 234, '60-362 FULTON TOWNSHIP— Repairing roads by contract '68-329 GARDENS— Protection of '55-55, '60-362 HARRISON SCHOOL DISTRICT '47-62 LANCASTER TOWNSHIP— Separate election district '42-48 Taxes to be collected by lowest bidder '54-146 Fees of Justice of the Peace and constable in vagrant cases '71-501 LAND, ASSESSMENT ON— Appeal from decision of County Commis- sioners provided for '23-66, '72-215 Divided by township lines, assessment of '42-244 27 420 APPENDIX. Iiancaster County — Continued. LEACOCK TOWNSHIP— Separate election district. Leacock Taxes to be collected by lowest bidder Regulation of common schools Bounty tax authorized Relative to horse racing on public highways See Upper '44-23 '48-444 '48-109 '65-190, '66-871 '67-813 LiiTLE BRITAIN TOWNSHIP— Roads, Fulton Township Act extended to '72-728, repealed '01-189 LITITZ SCHOOL DISTRICT erected Loan authorized MANHEIM TOWNSHIP— Collection of taxes Bounty tax authorized IklANOR TOWNSHIP to be included in Indiantown District School tax legalized Additional Collection of taxes Bounty tax authorized MARTIC TOWNSHIP— Bounty tax authorized Supervisors authorized to erect certain bridges Patents for lands on islands Revision of road laws Roads, Fulton Township Act extended to Erection of bridge over Pequea Cfeek MOUNT JOY TOWNSHIP— Election of constable NEW MILLTOWN SCHOOL DISTRICT erected ORCHARDS— Protection of OVERSEERS OF ELECTION OVERSEERS OF POOR abolished PARADISE TOWNSHIP— Polling place fixed Name changed Taxes to be collected by lowest bidder PAUPEEiS— Care and employment of Non-resident Property of, vested in Directors of Poor Commitment and discharge of Constables' fees for removal of PENN TOWNSHIP— Collection of taxes Polling place fixed Land annexed to '52-378 '70-819 '51-284 '64-1023 '43-48 '48-516 '49-395 '50-223, 276 65-531, '66-194 '66-239 '61-200 '70-1139 '69-299 '72-242 '59-592 '47-62 '52-128 '55-55, 234, '60-362 '54-208, 609 Ch. 1960 '44-579 '44-431 '54-249 Ch. 1960, 2387 '37-381 Ch. 2786 '24-206 '46-74, '59-520, '67-960 '50-223 '54-345 '59-194 To prevent horses, sheep and swine from running at large '73-437 LIST OF SPECIAL ACTS. 421 Lancaster County — Continued. PEQUEA TOWNSHIP— Polling place fixed '54-49 Collection of taxes '56-503 POOR— Education of Ch. 4986 POOR DIRECTORS— See Directors of Poor POOR HOUSE— Erection of Ch. 1960 Providing for erection of new '65-300, '73-420 Farm, sale of part of Ch. 4050, '35-166 PROVIDENCE TOWNSHIP— Polling place fixed '54-49 Bounty tax authorized '66-693 Roads Act of February 5, '69, repealed '75 -'62 RAPHO TOWNSHIP— Collection of taxes '50-223 Bounty tax authorized '64-1014 And East Donegal Township authorized to pay part of cost of constructing bridge across Little Chiques Creek '61-358 REGISTRATION OF DOGS '54-286 ROAD DAMAGES— See Supervisors '44-603 ROADS— To provide for repair of Act of April 5, '70, rep. '72-449 ROAD VIEWERS— Duties and compensation of '44-103, 603, '45-21, '57-338 To give notice to Supervisors '58-359 SADSBURY TOWNSHIP— Bounty tax authorized '66-607 To prevent cattle, etc. from running at large '70-862 Dog tax Act of March 25, '58, repealed '72-184 Sale of school house '52-513 Roads Act of March 16, '68, repealed '83-77, '89-4 Fulton Township Act extended to '72-673 SALISBURY TOWNSHIP— Schools regulated '46-153 Taxes to be collected by lowest bidder '52-327 Election of Assessors and Constable '52-694, '67-266 Sale of school house '52-513 Bounty tax authorized '66-607 Repairing roads by contract '68-329 STRASBURG TOWNSHIP— Polling place fixed. See West Strasburg '42-45 Separate election district '43-52 To prevent cattle, etc. from running at large '65-444 To legalize assessment of bounty taxes '67-950 Surplus bounty applied to school purposes '68-249 STRAYS— Empounding and sale of. See Cattle Ch. 2865, '57-124 SUPERVISORS— Duties of, in relation to paupers. See Roads Ch, 1960, 2387 To take charge of Little Conestoga Turnpike Road '42-3, 28 Duties of, in relation to bridge repairs '47-171 To give bonds '48-252, '51-519, '52-266 422 APPENDIX. Lancaster County — Continued. To have notice of road riews '58-359 Pay fixed '65-634 SWINE — To prevent running at large. See Strays '57-124 TAX COLLECTORS may be required to give additional bail '40-677 TAXPAYERS may be witnesses, arbitrators, Judge or jury for or against county '27-186 TAXES— Collection of '27-57, '60-84 In new townships '48-141 Assessment of '23-66, '27-57, '42-244, '72-215 THISTLES, CANADA— To prevent spread of '61-421 TOWN CLERK— Election of Ch. 2865 TOWNSHIPS, NEW— Collection of taxes in '48-141 May be required to pay part of cost of county bridges '61-358, 488 TREASURER OF POOR FUND to file accounts once a year. See County Treasurer — Township Treasurer '70-741 TRESPASS on orchards, gardens, etc., penalty for '55-55, 234, '60-362 UPPER LEACOCK TOWNSHIP— Separate election district '44-23 Collection of taxes '49-458 Bounty tax authorized '66-172 Dog tax repealed '71-784 VIEWERS— Road and bridge, how paid. See Roads '44-103, 603, '45-21, '57-338 WARWICK TOWNSHIP— Election of Constables, Act of March 29, '25, repealed '31-109 Polling place fixed '52-609 Collection of taxes '63-58 Erection of bridge over Cocalico Creek '59-592 Appointment of Notary Public '69-123 WEST COCALICO TOWNSHIP— Taxes to be collected by lowest bidder '54-249 Bounty tax authorized '65-207, '66-671 Rabbits and partridges, protection of '72-643 WEST DONEGAL TOWNSHIP— Polling place fixed '44-245, '72-782 To prevent cattle, etc. running at large '67-691, rep. '69-800 WEST EARL TOWNSHIP— Collection of taxes '51-234 Protection of sheep Act of April 7, '68, repealed '71-784 WEST HEMPFIELD TOWNSHIP— Collection of taxes '50-223 Dog tax Act of March 23, '65, repealed '66-244 Surplus bounty applied to school fund '67-1262 WEST LAMPETER TOWNSHIP— Polling place fixed '42-52 Taxes to be collected by lowest bidder '48-444 Roads and highways Act of April 5, '62, repealed '63-392 LIST OF SPECIAL ACTS. 423 LAWBEITCE COUNTY. Organized from parts of Bearer and Mercer Counties, March 20, 1849. P. L. 551. ASSESSORS— Pay fixed '65-218 Election of '51-205 BIG BEAVER TOWNSHIP— Erection of '50-107 Cattle, etc. prohibited from running at large '68-1121 Additional school tax authorized '70-495 BRIDGE VIEWERS— Appointment of '52-488 BRIDGES— See County Bridges Act of March 7, '44, rep. '51-161 CONSTABLES — Duties of, in relation to collection of taxes '53-333 Fees to be paid before appeal taken '73-126 COUNTY BRIDGES AND CAUSEWAYS— When to become a charge upon districts where located '72-1007 DIRECTORS OF THE POOR— Election and duties of '56-352, '68-227, '79-168 Compensation fixed '73-607 Of City of New Castle to succeed Directors of Poor of Law- rence County — To appoint Treasurer '73-606 DOG TAX to pay sheep losses '66-767, '71-550 DRAINAGE of land and mines '66-902, '72-303 ELECTIONS regulated '49-562, '50-107, '54-556, '56-292 FRUIT AND FRUIT TREES— Protection of '55-169, '67-907 GARDENS— Protection of '55-169 HICKORY TOWNSHIP— Additional Supervisor authorized '60-155 To prevent cattle, etc. running at large '70-576 Cows permitted to run at large, when '73-134 JUSTICE OF THE PEACE— To pay certain fines to School Treasiirer '50-627 To enlarge jurisdiction of '70-254, '71-47 LANDS appropriated to soldiers Ch. 996 Swampy, drainage of '66-902, '72-303 LITTLE BEAVER TOWNSHIP— Erection of '54-107 Polling place changed '61-701 To prevent cattle, etc. from running at large '67-1082 Land of Henry Alcorn annexed to, for school purposes '68-1067 Land of D. A. MeKean annexed to, for school purposes, '68-1067, '70-317 To regulate the taking of game '71-537 424 APPENDIX. Lawrence County — Continued. MAHONING TOWNSHIP— Polling place fixed '53-466 Eoads, opening and maintenance of '53-383, repealed '03-30 To prevent cattle, etc, from running at large '70-576 NESHANNOCK TOWNSHIP— Polling place fixed '49-560, '52-134, 152, 182, 384, '53-384 Opening and repair of roads '53-383, repealed '03-30 NEW CASTLE INDEPENDENT SCHOOL DISTRICT— Election of Directors '58-95 NORTH BEAVER TOWNSHIP— To prevent cattle, etc. from running at large '69-1137 To regulate the taking of game '71-537 NORTH SEWICKLEY TOWNSHIP— Part attached to Wayne '50-107 NORTH SLIPPERY ROCK TOWNSHIP— Name changed. See Slip- pery Rock '50-107 Opening and repair of roads '53-383, repealed '03-30 ORCHARDS— Protection of '55-169, '67-907 ORNAMENTAL TREES— Preservation of '67-907 OVERSEERS OF POOR— Election of '58-172 Compensation of '66-512 PERRY TOWNSHIP— Erection of '50-107 To prevent cattle, horses, mules and sheep from running at large '72-438 PLAIN GROVE TOWNSHIP— Taxes on land of J. C. Shaw '62-291 Cattle, horses, etc. at large '73-273 POLLOCK TOWNSHIP— Election of Supervisors, etc. Act of March 31, '59, repealed '60-150 Draining lands Act of May 7, '64, repealed '65-399 POOR DIRECTORS— See Directors of the Poor POOR HOUSE— Erection and government of '56-352 Acts of March 8, '66, April 11, '66, February 7, '67, Febru- ary 28, '68, and April 13, '68, and April 12, '69, repealed '79-168 POOR TAXES— Assessment of '68-1050, '79-163 PULASKI TOWNSHIP— Opening and repairs of roads '53-383, rep. '03-30 Shenango Township attached to '50-107 ROAD — See Supervisors Act of May 7, '44, repealed 'Sl-lSl Damages '50-108, '52-488 ROADS — Opening and maintaining '50-108 ROADS AND BRIDGES Act of April 13, '53, rep. '67-444 ROAD VIEWERS— Appointment of '52-488 Powers and duties of '50-108, '52-488, '54-62 SCHOOL FUND to receive certain fines '50-627 LIST OF SPECIAL ACTS. 42$ Lawrence County — Continued. SCOTT TOWNSHIP— To prevent cattle, horses, mules, sheep and hogs from running at large '72-438 SHEEP— Damages to, paid by tax on dogs '66-767, '71-550 SHENANGO TOWNSHIP attached to Pulaski '50-107 Three Supervisors authorized '51-203 Polling place fixed '52-68 Bounty tax authorized '68-134 PAY OF AUDITORS AND SUPERVISOEiS Act of April 2, '70, rep. '71-749 To prevent cattle, horses, sheep, mules and hogs from running at large '72-438 SLIPPERY ROCK TOWNSHIP— Name changed. See North Slippery Rock '50-107 Polling place fixed '26-404 Three Supervisors authorized '51-203 Opening and repair of roads '53-383 Polling place fixed '64-380 SUPERVISORS— Powers and duties of '50-108 Pay fixed '66-512 SWAMPS— Drainage 'of '66-902, '72-303 TAX DUPLICATES Form of Act of March 1, '61, repealed '73-717 TAXES— Collection of, penalty '54-600 Collection of '50-979, '52-197, '53-383, '59-13, '61-81 Act of April 7, '49, repealed '91-110 Poor— Acts of March 8, '66, April 11, '66, February 11, '67, February 28, '68, April 13, '68, April 12, '69, repealed '79-163 TAYLOR TOWNSHIP— Polling place fixed '53-310, 448 School loan authorized '62-24, '67-476 To prevent cattle, sheep and swine from running at large '73-650 TOWNSHIP AUDITORS— Pay fixed '66-512 TREES— Fruit or ornamental, preservation of '55-169, '67-907 TRESPASS on orchards, etc. '55-169, '67-907 UNION TOWNSHIP— School loan authorized 70-599 Bounty tax authorized '67-569, '68-507 Pay of Supervisors and Auditors fixed '70-816 To prevent cattle, etc. from running at large '72-438 VIEWERS— Road and bridge, appointment of '52-488 Road, powers and duties of '50-108, '52-488, '54-62 WASHINGTON TOWNSHIP— To prevent cattle, etc. from running at large '70-576 WAYNE TOWNSHIP— Part of North Sewickley Township, attached to '50-107 To prevent cattle, etc. from running at large '73-187 426 APPENDIX. j Lawrence CoTinty — Continued. WET LANDS— Drainage of '66-902, '72-303 WILMINGTON TOWNSHIP— Erection of '50-107 Sale of school house '51-205, '69-8'69 Opening and repair of roads '53-383 repealed '03-30 Polling place fixed '53-406 To prevent cattle, etc. from running at large '70-576 Cows may run at large, when '71-105 School loan authorized '69-869, '71-524 LEBANON COUNTY. Organized from parts of Dauphin and Lancaster Counties Feb. 16, 1813. Ch. 3650. BETHEL TOWNSHIP— Boundaries extended in Dauphin County Ch. 4999 Erection of school house '51-238 Sale of school house '52-312 Erection of Washington Township '47-257 Hunting deer with dogs, prohibited '60-217 School loan '50-343 BRIDGE VIEWS— How paid '48-424, '72-413 Act of April '8, '48, repealed '91-114 Act relative to, repealed '54-877 Over Quilapahilla Creek '61-167 BRIDGE AND ROAD VIEWS regulated '72-413, '91-114 Over Union Canal to be maintained by county '68-1009, '74-415, 460 BRIDGES to be maintained by county '69-415 To regulate building of '50-476 BUTLER TOWNSHIP— School loan authorized '50-343 CATTLE running at large. Act of April 11, '66, repealed '67-1021 COLD SPRING TOWNSHIP— Polling place fixed '54-24'6, 345 Hunting deer with dogs prohibited '60-217 CORNWALL TOWNSHIP— Polling place fixed '54-145, '64-377 COUNTY BRIDGES— To regulate building of '50-476, '69-415 DELINQUENT TAXES— Penalty '65-482 DIRECTORS of the Poor, pay, election and duties of '30-105, '70-106 Duties of '39-106, '42-92 Authorized to sell land '68-506 DOGS — ^Taxed and made personal property '73-846 EAST HANOVER TOWNSHIP— Separate election district '42-324, '43-55 Boundaries extended in Dauphin County Ch, 4999 School loan authorized '51-139 LIST OF SPECIAL ACTS. 42/ Lebanon County — Continued. Hunting deer with dogs prohibited '60-217 Bounty tax authorized '65-'612 ELECTIONS regulated '52-481 To change time of holding '69-226, '72-194 FRUIT— Protection of '61-478 GARDENS— Protection of '61-478 HEIDELBERG TOWNSHIP— Sale of school house '53-268 Supervisors to give bonds '45-236 Bounty tax authorized '66-659 JACKSON TOWNSHIP— Polling place fixed '40-348, 663 Tax Collectors to give bonds '49-169 School loan authorized '50-136 Macadamizing a certain road '64-755, '65-484 Palatinate College exempt from taxation '68-602 JUSTICE OF THE PEACE — County divided into districts Ch. 3868 LEBANON TOWNSHIP— See North Lebanon-^outh Lebanon '35-353 MILL CREEK TOWNSHIP— Erection of '44-21 Supervisors to give bond '46-237 Sale of meeting house '6 1-3 16 NORTH LEBANON Independent School and Road District, erected '71-892 NORTH LEBANON TOWNSHIP— Election of School Directors '44-606 Loan authorized '72-1060 Polling place fixed '52-567 ORCHARDS— Protection of '61-473 OVERSEERS OF POOR abolished '30-110 PENALTY to delinquent taxes '65-482 POOR HOUSE— Erection of '30-105 ROAD AND BRIDGE VIEWS— To regulate '72-413, '91-114 ROAD VIEWS— How paid '48-424 SOUTH LEBANON TOWNSHIP— Erection of '40-710 Supervisors to give bond '48-429 Divided into two election districts '53-404, '54-145 SUPERVISORS to perform duties of Overseers of Poor '30-110 To give bond '49-169 TRESPASS on orchards, etc. '61-478 UNION TOWNSHIP— Erection of '43-55 Hunting deer with dogs prohibited '60-217 Certain road vacated '69-844 VIEWS— Road and bridge, to regulate '72-413, '91-114 VIEWERS— How paid '48-424, '72-413 WASHINGTON TOWNSHIP— Erection of '47-257 428 APPENDIX. LEHIGH COUNTY. Organized from part of Northampton County, March 6, 1812, Ch. 3454. ASSESSORS' Pay fixed '67-433 BETHLEHEM TOWNSHIP— Election of treasurer and supervisors '65-102 BRIDGES— Materials taken for. Act of April 16, '48, repealed '51-870 Over Lehigh River at Allentown '63-264 Fast driving on, prohibited '68-367 COLLECTORS OF TAXES— Appointment of '44-160 Part of commissions to be paid to school fund '64-894 CONSTABLES— Eligibility to re-election '27-24 DALLAS TOWNSHIP— Name changed to Washington Township '48-508 DIRECTORS OF THE POOR— Election and duties of '40-186, '44-256, '45-9 Pay fixed '65-442 Authorized to sell land '59-223, '73-615 ELECTION— Regulation of '52-39, '71-204 FRUIT— Protection of '48-160, '53-387, '60-328, '61-478 GARDENS— Protection of '53-387, '61-478 HANOVER TOWNSHIP— Preservation of birds and game '41-43 Bounty tax authorized '65-221 To prevent cattle, etc., from running at large '71-600 HEIDELBERG TOWNSHIP— Polling place fixed '42-331, 452, '50-414 JUSTICE OF THE PEACE— County divided into districts Ch. 3868 LOW HILL TOWNSHIP— Polling place fixed '53-131 Bounty tax authorized '66-710, '69-1238, '71-1034 LOWER MACUNGIE TOWNSHIP— Length of term of constable '44-573 Eligibility to re-election '50-332 Polling place fixed '50-10 Tax on ore beds '70-241 LOWER SAUCON TOWNSHIP— Road tax on zinc ore mines '71-844 LYNN TOWNSHIP— Election of Supervisors '51-424 JSIACUNGIE TOWNSHIP— New school district. See Lower Macungie — Upper Macungie '61-247 ICORTHAMPTON TOWNSHIP— Constables eligible to re-election '33-209 Preservation of birds and game '41-43 Inspectors of liquors '46-300 NORTH WHITEHALL TOWNSHIP— Election of Supervisors '40-69 OKCHARDS— Protection of '48-160, '53-387, '60-328, '61-478 OVERSEERS OF POOR abolished '40-186, '44-260 LIST OF SPECIAL ACTS. 429 Lehigh. County — Continued. POOTl DIRECTORS— See Directors of Poor. POOR HOUSE— Erection of '40-186, '44-256, '45-9 ROAD VIEWERS— Powers and duties of '45-184 ROADS — Opening and maintenance of '60-76 SOUTH WHITE HALL TOWNSHIP— Election of Supervisors '36-97 Election of Constables '42-55 Bounty tax authorized '65-105, '66-936 SUPERVISORS— Duties of, in relation to poor '40-190, '44-260 TAX COLLECTORS— Appointment of. See Assessor '44-160 Commissions, part to be paid to school districts '64-894 TAXES — To enforce prompt payment of, from decedents' estates '71-780 UPPER MACUNGIE TOWNSHIP— Eligibility of Constables to re-election '57-332 Bounty tax authorized '65-232 UPPER MILFORD TOWNSHIP— Polling place fixed '54-271 Bounty tax authorized '65-677 UPPER SAUCON TOWNSHIP— Election of Constables '42-145 Polling place fixed '53-355 Bounty tax authorized '65-102, 251 Tax on ore beds, authorized '68-1127, '69-851 To prevent cattle, etc., from running at large '70-89'6 VIEWERS— Powers and duties of '45-184 WASHINGTON TOWNSHIP— Polling place fixed '50-10 Name of Dallas Township changed to '48-508 WEISENBURG TOWNSHIP— Polling place fixed '54-271 Assessment and collection of taxes '68-181 Bounty tax authorized '64-1027, '65-116 New school district '61-247 430 APPENDIX. LUZEBNE COtTNTY. Organized from part of Northumberland County, September 25, 1786, Ch. 1233. ASSESSMENT of land to be without regard to location of Mansion House '47-133 ASSESSORS Act of July 11, '42, repealed '47-133 Pay increased — See Unseated Lands '65-121, 177 BEAR CREEK TOWNSHIP— Separate election district '54-651 BEDFORD TOWNSHIP— Classification of lands Ch. 3218 BLACK CREEK TOWNSHIP— Polling place fixed '49-555, '50-416 BRIDGES— County, repairs of '46-164 Proceedings specified '70-1199 On county lines, building of Act of April 1«, '70, repealed '76-192 Act of April 13, '43, rep. '44-86 BUCK TOWNSHIP— Bounty tax authorized '65-118 Appointment of auctioneers '70-1040 BUTLER TOWNSHIP— Election of Supervisors '40-344 Town treasurer abolished '40-344 CATTLE prohibited from running at large. See Fences '66-1114, '67-1224, '68-301, 865 CENTRAL POOR DISTRICT— Erection of house for '60-538, '62-64, 69, '63-293, '64-326, '67-378, '73-754 COLLECTION OF TAXES— See Taxes '62-339, '66-966 CONSTABLES— Election of '27-24 COUNTY BRIDGES— Repairs of '46-164 Proceedings specified '70-1199 DENISON TOWNSHIP— Separate road district erected '59-602 Act of April 14, '51, repealed '66-597 Erection of poor house '65-683 Lateral railroads '48-1 Appointment of auctioneer '70-704 DIRECTORS OF THE POOR— Election and duties of '44-360, '58-276, 387 DOG TAX— Levy and collection of '57-603, '64-154, '71-153, repealed '97-203, 204 DOGS— To prevent hunting deer and elk with '43-223, '53-288, '77-46 DRAINING farming lands '68-452 LIST OF SPECIAL ACTS. 43 1 LtLzeme County — Continued. EXETER TOWNSHIP— Act to attach part of, to Falls Township, repealed '43-51 Certain road from Kingston to Wilkesbarre '51-533 Supervisors may restore water courses to former channel '51-285 Road Commissioners and Road Taxes Act of April 11, '68, repealed '70-121 To prevent cattle, etc. from ruiming at large '65-628, '66-1114, '67-1224, '68-301,'7O-878 Auctions regiilated '69-350, '70-1241 FAIRMOUNT TOWNSHIP— Polling place fixed '57-149 Hunting deer with dogs prohibited '60-217 FALLS TOWNSHIP— Division into two election districts '42-335 Rate of road tax to be fixed by vote of people '42-43 Election of Supervisors '41-211, '42-47 FARMING LANDS— Drainage of '68-452 FENCES Act of March 27, 1784, repealed Ch. 2578 FOSTER TOWNSHIP— Erection of poor house '61-565 Unseated land tax, distribution of '62-302 Return of, nunc pro tunc '70-671 Appointment of auctioneer '70-704 Pathmasters Act of March 12, '68, repealed, '70-994, '73-278, '79-61 To be reimbursed for building bridge '72-538 FRANKLIN TOWNSHIP— Separate election district '44-79, 242 Roads and bridges '46-205 Election of road Commissioners Act of April 11, '68, repealed '69-424 HANOVER TOWNSHIP Incorporation of trustees of proprietors '31-367, '71-316 Election of Supervisors '41-70 Polling place fixed '43-54, '44-77, 579 Annexed to Wilkesbarre Poor District '62-64 Boimty tax authorized '65-232 Trustees of proprietors to pay to Poor Fund '67-376 Cattle, etc., not to nm at large, '65-628, '66-1114, '67-1224, '68-301, 865 Supervisors' pay fixed '70-1127 HAZLE TOWNSHIP— Erection of Poor House '61-565 Sale of liquor prohibited '51-447 Repairing roads by contract '62-128 432 APPENDIX. Luzerne County — Continued. Auctioneers Act of March 15, '72, defined and modified '74-422 Audit of Pathmaster's accounts '73-247 Pathmasters Act of March 12, '68, repealed '81-114 HOLLENBACH TOWNSHIP— Polling place fixed '71-1366 HUNTINGDON TOWNSHIP— Trustees of, incorporated '41-371, '43-360 Polling place fixed '50-114 Hunting deer with dogs prohibited '60-217 Bounty tax authorized '65-200 Supervisors authorized to lay special tax '73-530 To prevent cattle, etc. from running at large '78-96 JACKSON TOWNSHIP— Trustees of, incorporated '48-480, '50-456 Special twenty-mill tax authorized '50-456 Cash road tax '67-494 JENKINS TOWNSHIP— Polling place fixed '53-552, 589 Erection of Poor House '57-439, '59-673, '64-840, '70-661, '81-77 Poor indebtedness '65-490 Incorporation of '61-790, '70-1226 Poor House, management of, '60-273, 298, '66-189, 486, '67-991, '71-1239 Appointment of Directors of Poor by Court '70-661 Auctions regulated '69-350 To constitute a part of Jenkins Township, Pittston Borough and Pittston Township Poor District. Amendment to Act of May 8, '57, repealed '81-77 JUSTICE OF THE PEACE— County divided into districts Ch. 3863 KINGSTOWN TOWNSHIP— Auditors. See North Kingston '68-504 Trustees incorporated Ch. 5159 Bounty tax legalized '64-492, '67-488, '68-131 Bridges '46-205 Cattle, etc., not to run at large '65-628, '66-1114, '67-1224, '68-301, 865 Constable, additional election of '69-1149 Justice of the Peace, powers of '71-1340 Lock-up in Wyoming '71-1339 Polling place fixed '49-555 Roads and bridges '46-205 Road Commissioners Act of April 11, '68, repealed '72-568 Road taxes, collection of '72-568 (Sidewalks '51-583 School loan authorized '73-408 LIST OF SPECIAL ACTS. 433 Luzerne County — Continued. Supervisors, duties of Act of April 15, '34, repealed '38-195 To give bond '52-422 Election of '38-195 May collect taxes '67-517 Swine prohibited from running at large Ch. 3185 Township Treasurer Act of April 11, '68, repealed '72-5'68 Trustees of township, incorporated Ch. 5159, '60-691 Wilkesbarre poor district, Kingstown to be annexed to '64-326 Wyoming, policeman and lock-up in '71-1339 LAKE TOWNSHIP— Separate election district '72-46 Election of officers confirmed '43-51 Polling place fixed '63-116 LAND— Drainage of '68-452 Assessment of '47-133 LEHMAN TOWNSHIP— Land conveyed to schools '51-816 Roads and bridges '35-213, '46-205 Boundaries extended '49-582 Collection of road taxes '49-582 Relative to school fund '51-817 MARCY TOWNSHIP— To constitute part poor district of Jenkins Township, Pittston Borough and Pittston Township '81-77 MIDDLE COAL FIELD POOR DISTRICT— Erection of and regulation of '62-178, '71-1349, '72-212 Powers and duties of Directors '73-683 NEWPORT TOWNSHIP— Trustees of, incorporated '38-70, '62-63 Re-survey of Ch. 2840 Erection of Poor House '62-63 Annexed to Wilkesbarre Poor District '62-64 Cattle, etc. prohibited from running at large, '65-628, '66-1114, '67-1224, '68-301 NORTH KINGSTON TOWNSHIP— Polling place fixed '52-537 OVERSEERS OF POOR— Election of, to be returned to Quarter Sessions '42-48 Election of '42-47 Abolished '44-360 To give official bond '57-472 PAUPERS — Care and employment of. See Poor House PITTSTON TOWNSHIP— Trustees, incorporated. See South Pitts- ton— West Pittston '38-70, '70-1226 Polling place fixed '42-49, '53-181 Boundaries changed '62-343 434 APPENDIX. Luzerne County — Continued. Justice of the Peace may be Notary Public '68-927 Cattle, etc. not to run at large '68-865 Auctions regulated '69-350, '70-1241 Poor District, erection of Poor House, '57-439, '59-673, '70-661, '81-77 Inspection of flour '50-282 Poor House, management of '60-298, '64-840, '67-991 Supplement to Act of May 8, '57 '81-77 Appointment of Directors of Poor by Court '70-661 PLAINS TOWNSHIP— Polling place fixed '52-39 Trustees of proprietors incorporated '59-664, '67-1109 Election of School Director '59-664 Annexed to Wilkesbarre poor district '62-64 Bounty tax authorized '64-492 Cattle, etc. not to run at large, '65-628, '66-1114, '67-1224, '68-301, 865 Burial ground, purchase of land for '67-1109 School loan authorized '71-76 Supervisors' pay fixed '71-1194 Court to appoint pathmasters in '74-471 PLYMOUTH TOWNSHIP— Bounty tax authorized '64-492 Cattle, etc. not to run at large, '65-628, '66-1114, '67-1224, '68-301, 865 Constables, election of '70-118 Divided into two election districts '67-336 Justice of the Peace may be Notary Public '68-123 Officers, election of '36-97 Overseers to give bond '52-422, '57-472 Poor House, erection of '62-273 Proprietors, incorporation of trustees of '31-367, '36-97, '48-480, '62-273, '67-975 Fund appropriated to School Building Fund '67-975 Road taxes, appropriation of '70-1117 Supervisors, duties of '47-213 Act of April 15, '34, repealed '38-195 And Overseers to give bond '52-422, '57-472 Election of '38-195 Taxes, collection of '47-213, '51-640 Wilkesbarre Poor District, Plymouth annexed to '62-64 POOR HOUSE— Erection of '44-360, '58-276, 387, '64-326 LIST OF SPECIAL ACTS. 435 Luzerne Coxinty — Continued. ROAD VIEWERS— Powers and duties of. See Supervisors '41-379, '45-52 ROADS— Width of, fixed '68-824 Laying out and opening '51-582, '74-206 ROADS AND BRIDGES, State, damages Act of March 30, '46, rep. '47-75 Act of March 11, '44, repealed, '45-262 ROSS TOWNSHIP— Polling place fixed '42-45 Hunting deer with dogs prohibited '60-217 Obstruction in outlet of North and South Ponds prohibited '69-1103 SALEM TOWNSHIP— Trustees of proprietors incorporated '32-479 Polling place fixed '50-113 Bounty tax authorized '65-576 Cattle, etc. prohibited from running at large, '65-628, '66-1114, '67-1224, '68-301 Road tax to be paid in money '67-1051 Re-audit of accounts '68-459 School loan authorized '71-838 SCHOOL DIRECTORS— To levy and collect dog tax. See Dog Tax SHEEP— To improve the breed of Ch. 3524, 3779 To provide for payment of damages to '57-603, '64-154, '71-153 To prohibit running at large '66-1114, '67-1224, '68-301, 865 SOUTH PITTSTON TOWNSHIP— Polling place fixed '51-425 SPRING BROOK TOWNSHIP— Polling place fixed '54-353 Liens of judgments of Scranton Court '70-903 SPRING TOWNSHIP— Polling place fixed '54-651 SPRINGFIELD TOWNSHIP— Sales of land by Committee of Township, validated '36-304 SUGAR LOAF TOWNSHIP— Election of Supervisors '40-77 Polling place fixed '51-41 SUPERVISORS — Election of, to be returned to Quarter Sessions See Roads '35-46, '42-48 Settlement of accounts of '30-40 Election of '42-47, 435 Duties of, in relation to the poor '44-363 To give official bond '57-472 Pay increased '65-121, 177 SWAMPS — Draining of '68-452 SWINE prohibited from running at large Ch. 2578, '66-1114, '67-1224 TAX COLLECTORS— Appointment of '62-339 TAXES — Collection of. See Assessors '66-966 TOWNSHIP AUDITORS— Election and duties of '30-40 Pay increased '34-556, '65-177 28 436 APPENDIX. liuzerue County — Continued. TOWNSHIPS to aid in erection of Poor House '58-276, 378 UNION TOWNSHIP— Road taxes payable to Supervisors Acts of May 3, '32, and April 9, '33, repealed '35-213 Polling place fixed '43-52 Obstructions in outlet of North and South Ponds, prohibited '69-1103 Supervisors authorized to lay special road tax '73-530 UNSEATED LANDS— Assessment of Act of April 9, '73, repealed '76-192 VIEWERS, ROAD— Powers and duties of '41-379, '45-52 WET LANDS— Drainage of '68-452 WILKESBARRE TOWNSHIP— Trustees of proprietors incorporated, '31-367, '67-1109 Separate assessment district '38-599 Election of Supervisors and Overseers '40-77, '52-147, '67-422 Supervisors to give official bonds '67-472 Boundary extended '47-300 Erection of Poor House '60-538, '62-64, '63-298, '64-326, '67-378, '73-754 Road districts '52-147, '53-364 Divided into wards '59-661 Appointment of auctioneer '58-71, '59-142, '60-598 Preservation of sidewalks '63-283, '70-87, 311, 334, 392, 1153 Nanticoke r ad '69-1083 Supervisors' pay fixed '70-1127 Cattle at large '65-301, 628, '66-1114, '67-1224, '68-301, 865 Certain road widened '63-326 Sidewalks, construction of '69-123, 979 Divided into two school districts '52-526, '66-604, '89-418 School loan authorized '69-322 Overseers to give bonds '57-472 WILKESBARRE POOR DISTRICT— See Central Poor District WRIGHT TOWNSHIP— Polling place fixed '51-41 Erection of Poor House '65-683 LIST OF SPECIAL ACTS. 437 LYCOMING COUNTY. Organized from part of Northumberland County, April 13, 1796. Ch. 1823. ADAMS TOWNSHIP— Name changed to Limestone To^vnship '35-274 ANTHONY TOWNSHIP— Polling place fixed '45-52 AKMSTRONG TOWNSHIP— Separate election district '44-242, '55-491 Election district changed '45-154, '46-419 To collect road taxes in money '56-404 To prevent swine from running at large '60-590 Return of unseated lands nunc pro tunc '65-635 To prevent cattle, etc. from running at large '73-818 School loan authorized '70-1124 Collection of road taxes in money Act of May 7, '55, rep. '78-117 BARTON INDEPENDENT SCHOOL DISTRICT '68-1155 iiRADY TOWNSHIP— Part annexed to Union County '61-335 Himting deer with dogs prohibited '71-606 Pay of Supervisors and Auditors fixed '72-695 BRIDGES over Bald Eagle Creek, penalty for fast driving Ch. 4788 Erection of Ch. 3200 Over Pine Creek Ch. 5191 Viewers, appointment and duties of '45-52, 432, '52-341 Building and maintenance of '60-144 Free, within two miles of toll bridges '60-341 Election in relation to Mosquito Valley bridge '70-1244 BROWN TOWNSHIP— Part of Colbrook Township, Clinton County, annexed '67-1019 CASCADE TOWNSHIP— Polling place fixed '44-242, '45-154, '46-423 Indebtedness of '50-143 CATTLE running at large. See Fences '68-1122 CLINTON TOWNSHIP— George Porter's island attached to '32-96 Protection of land of James Mackey '35-432 Polling place changed '54-351, '61-159 Hunting deer with dogs prohibited '71 -'606 Overseers and Supervisors, pay fixed '71-1104 COGAN HOUSE TOWNSHIP— Separate election district '44-77 Polling place fixed '48-211, '51-43 Road taxes, Larry's Creek Plank Road '63-383 CUMMINGS TOWNSHIP— Supervisors' pay fixed '68-392 New road Act to appropriate certain taxes to open, rep. '72-811 438 APPENDIX. Lycoming County — Continued. DIRECTORS OF THE POOR— Election and duties of '41-47, '51-406 DOGS— Running deer with '50-1056, '51-412, '57-606, '66-746, '74-299 Tax on '61-233, '65-335, '66-903 Act of March 21, '60, repealed '73-444 Act of April 14, '66, repealed '91-95 DRAINAGE of wet and spouty lands '63-293 ELECTION for or against Poor House '67-328 Officers, compensation of, fixed '73-285, repealed '99-238 Proclamation to be published in newspapers having largest circulation s '73-'600 ELKLAND TOWNSHIP— Application of unseated land tax '41-361 FAIRFIELD TOWNSHIP— Separate election district '44-77, '50-111, '51-570 Elections regulated '51-516 Polling place fixed '50-111, '52-39 Part annexed to Montoursville Act of March 1, '67, rep. '67-468 To prevent cattle, etc. from running at large '73-318 FENCES— See Cattle Act of March 27, 1784, rep. '31-342, '32-480 FOX TOWNSHIP— Application of unseated land tax '41-361 FRANKLIN TOWNSHIP— Polling place fixed, '43-53, '44-573, '52-449, '53-24, 92, '54-107 FRUIT— Protection of '60-362 GARDENS— Protection of '60-362 HEPBURN TOWNSHIP— Election districts '33-460, '42-329, '45-154 JACKSON TOWNSHIP— Return of unseated land nunc pro tunc '63-331 Volunteer bounties '68-1081 LAND — Drainage of '63-293 LEWIS TOWNSHIP— Roads Act of April 10, '73, rep. '89-114 LIMESTONE TOWNSHIP— Name changed from Adams Township '35-274 Polling place '40-668 Dog tax Act of April 14, '66, repealed '72-304 LONG REACH INDEPENDENT SCHOOL DISTRICT authorized to borrow money '71-939 LOYALSTOCK TOWNSHIP— George Porter's Island detached from '32-96 Polling place fixed '60-'617, '62-112 Cash road tax '68-911 To prevent cattle, etc. from running at large '73-818 LYCOMING TOWNSHIP— Polling place fixed. See Old Lycoming '59-623 Supervisors to give security '55-488, '61-521 Overseers of Poor to collect certain moneys '63-297 LIST OF SPECIAL ACTS. 439 Lycoming County — Continued. M'INTYRE TOWNSHIP— Number of public officers '69-217 Relative to roads, Bradford County law extended to '73-696, rep. '03-240 MIFFLIN TOWNSHIP— Election of Supervisor '40-69, '46-421 Polling place fixed '42-43, 322, '44-77 Settlement of bounty accounts '70-1069 MORELAND TOWNSHIP— Polling place fixed '50-85 Joseph Doctor's land annexed to, for school purposes '66-470 MUNCY CREEK TOWNSHIP— Hunting deer with dogs '50-702 Reaudit of bounty accounts '69-7'62 Polling place fixed '68-1062 Payment of boimty debts '70-124 MUNCY TOWNSHIP— Separate election district '42-43 Hunting deer with dogs '53-702 NIPPENOSE TOWNSHIP— Polling place changed '45-526, '61-159 Dog tax Act of April 14, '66, repealed '72-304 To prevent cattle, etc. from running at large '73-818 NORTH MOUNTAIN SCHOOL DISTRICT— Erection of '64-619 Tax on unseated lands '69-1197 OLD LYCOMING TOWNSHIP— Election of Supervisors and Overseers. See Lycoming '62-42 To prevent cattle, etc. from running at large '73-818 ORCHARDS— Protection of '60-362 OVERSEERS OF POOR abolished '41-51, '51-410 To legalize security of '61-521 PAUPERS— Care and employment of '41-50, '51-406 PENN TOWNSHIP— Part annexed to Davidson Township, Sullivan County, for schools '62-258 Polling place '46-420 PIATT TOWNSHIP— To prevent cattle, etc. from running at large '73-318 PINE TOWNSHIP— Tax for payment of public debt '71-355 Distribution of military bounty money '73-500 PLUNKETT'S CREEK TO^VNSHIP— Application of unseated land tax '41-361 Polling place '42-329, '47-428 Hunting deer with dogs '50-1056, '51-412, '53-702 POLLOCK TOWNSHIP— Polling place fixed '52-38, '53-24 POOR DIRECTORS— See Directors of the Poor POOR HOUSE— Erection of '41-47, '51-406 Election for or against '67-328 440 APPENDIX. Lycoming County — Continued. PORTER TOWNSHIP— Polling place fixed '54-356 School loan authorized '68-762 To prevent cattle, etc. from running at large '73-818 ROAD DAMAGES '68-464 ROAD TAXES on unseated lands '26-272, '45-201, 432, '52-238 ROAD VIEWERS— Appointment and duties of '45-432, '52-52, 341 ROADS — Opening and maintaining '43-394, '60-i44 SCHOOL TAX '68-34'6, 790 SCHOOL DIRECTORS— Election of '68-1063 gHEEP— To improve the breed of Ch. 3779 Damages paid by tax on dogs '61-233, '65-335, '66-903, '73-444 Act of April 14, '66, repealed '91-95 SHREWSBURY TOWNSHIP— Application of tax on unseated lands '41-361 Polling place fixed '42-43, '43-53, '47-429 Hunting deer with dogs '50-1056 Bounty tax legalized '69-789 SUPERVISORS authorized to lay ten-mill tax Ch. 4873 Powers of '43-394 Duties of, in relation to paupers '41-51, '51-410 To give bond '40-725, '55-488, '61-521 SURVEYORS AND VIEWERS OF ROADS— Pay of '45-52, '52-341 SUSQUEHANNA TOWNSHIP— Separate election district '42-329 Polling place fixed '54-48 To collect road tax in money '60-144, 719 To prevent cattle, etc. from rimning at large '73-818 SWAJMPS— Drainage of '63-293 SWINE Act of March 27, '84, repealed '31-342, '32-480 TAXES — Sales regulated. See Loyalstock Creek — Road Taxes — Sup- ervisors — School Taxes '68-275 On unseated lands '41-361, '43-394 To be a lien on real estate '40-642, '70-866 On rafts '65-739 TRESPASS ON ORCHARDS, GARDENS, ETC.— Penalty for '60-362 ULSTER TOWNSHIP— Classification of lands Ch. 3218 UNSEATED LANDS — Appropriation of road tax on '26-272, '41-361, '43-394, '45-201, 432, '52-238 Sales of. See County Treasurer — Road Taxes '50-572, '51-356, '68-275 Separate account of road taxes on '40-201 UPPER FAIRFIELD TOWNSHIP— Polling place changed '61-601 LIST OF SPECIAL ACTS. 44^ Lycoming County — Continued. VlEVV]!:Ra OF drains to wet and spouty lands '63-293 Of loads, pay of '52-341 Duties of '45-52, 432 WASHINGTON TOWNSHIP— Hunting deer with dogs prohibited '51-412, '71-606 Union County annexed to Ch. 4074 Bounty tax legalized '68-947 Supervisors' pay increased '70-1153 WATSON TOWNSHIP— Polling place '46-20 WAYNE TOWNSHIP— Boundary line changed Ch. 4592 WET AND SPOUTY LANDS— Drainage of '63-293 WOLF TOWNSHIP— Hunting deer with dogs '50-1056 Collection of taxes '55-49] Application of unseated land tax '41-361 Polling place fixed '53-531 WOODWARD TOWNSHIP— To prevent cattle, etc., from running at large '73-818 McKEAN COUNTY. Organized from part of Lycoming County, March 26, 1804. Chapter 24'66. ANNIN TOWNSHIP— To prevent certain animals from running at large '78-99 APPEALS from assessments to Courts '68-236 ASSESSMENTS— Appeals from to Court '68-236 ASSESSORS— Compensation of '65-307 CERES TOWNSHIP— Polling place fixed '44-76 COUNTY BRIDGES '45-80 COUNTY CO.MMISSIONERS— To appropriate a sum to certain roads, '38-76, '45-80, '46-136, '47-401, '48-424, '53-40» Authorized to repair a certain road '46-136, '48-424, '50-281, '53-408 Appeals from assessments of '68-236 Duties of, relative to dog tax and sheep claims '72-415 Authorized to levy ten mills bridge tax '72-780 DIRECTORS OF THE POOR— Pay of '43-267 Election and duties of '43-267, '56-340 DOG TAX— To pay damages to sheep '72-415 ELDRED TOWNSHIP— Polling place fixed '52-568 442 APPENDIX. McEean County — Continued. ELECTIONS— Time of holding '40-754, '49-368 ELK TOWNSHIP— Additional road tax '46-204 HAMILTON TOWNSHIP— Road tax to be paid to Commissioners '46-136 HAMLIN TOWNSHIP— Polling place fixed '59-23 JUSTICE OF THE PEACE— County divided into districts Ch. 3868 ILEATING TOWNSHIP— Bounty tax authorized '66-763 Audit of accounts '66-8 r6 To prevent horses, etc. from running at large '72-1052 Part of, annexed to Smethport '73-691 LIBERTY TOWNSHIP— School loan authorized '68-910 To prevent certain animals from running at large '78-99 OVERSEERS OF POOR abolished '43-272 PAUPERS— Care and employment of '43-272 POOR DIRECTORS— See Directors of Poor. POOR HOUSE— Erection and management of '43-267, '56-340 POOR TAXES to be laid on unseated lands '73-637 ROAD COMMISSIONERS— Duties of. See Supervisors '44-230, '46-204 Election of '44-230, 458, '60-553 To act as Overseers of Poor '61-648 KOAD LAWS— Act of April 10, '73, repealed, general road la^fs reinstated '74-298 Revision of '61-497 ROAD TAXES— Assessment and collection of '44-231 Appropriation of '26-387 Levy and collection of '46-204, '53-'614, '54-825, '59-636 Collection of on unseated lands Act of March 23, '65, rep. '71-1303 ROAD VIEWS made in 1860 validated '61-648 ROAD VIEWERS— Appointment of '70-1070 ROADS — See Supervisors Act of February 24, '47, rep. '52-524 Opening and repair of '45-80, '48-424, '54-825, '55-240 Act of April 14, '55, repealed '60-553 Damages and benefits of opening of '44-231, '70-1070, '71-1306. See '01-396 SERGEANT TOWNSHIP— Polling place fixed '43-54, '44-242 SHEEP— Protection of from railroad '69-1125 Running at large '68-1122 Damages on to be paid by county '72-415 SHIPPEN TOWNSHIP— Polling place fixed '54-48 STRAYS '54-826 LIST OF SPECIAL ACTS. 443 McEean County — Continued. SUPERVISORS may give bonds- See Road Commissioners — Roads Ch. 4'619 Authorized to lay ten-mill tax Ch. 4873 Election of '33-77, '39-64, '55-240 Duties of, in relation to paupers '43-272 In relation to township expenses '71-1306 SWINE— Running at large Act of March 21, '33, repealed '36-307 Protection of, from railroad '69-1125 TAXES — Road, assessment and collection of. See Assessments — Bridges '44-231, '46-204, '53-614, '59-636, '71-1308 Poor assessments and collection of '73-'637 When Court may order levy of '54-825 TOWN CLERK— Election of '33-77 TOWNSHIP AUDITORS— Time of meeting '51-294 Election of '33-77 TOWNSHIP COMMISSIONERS— Election of '44-230, 453, '60-553 TOWNSHIP ELECTIONS— When held '40-754 TOWNSHIP TREASURER— Election of '46-41 Appointed by Court '46-277 UNSEATED LANDS— Collection of road taxes on '44-232, '71-1308 To be liable for poor taxes. See County Treasurer '73-637 WETMORE TOWNSHIP— Supervisors to build a certain road '59-362 MERCER COITNTT. Organized from part of Allegheny County, March 12, 1800. Chapter 2119. BEAR CREEK TOWNSHIP— Ross Township changed to '52-496, '57-52 BELL INDEPENDENT SCHOOL DISTRICT authorized to borrow money '69-836 BRIDGE VIEWERS— Court to appoint three. See Roads '36-245, '58-65 Pay fixed '71-14 CATTLE RUNNING AT LARGE— See Fences '71-411, '73-310 Strays, to regulate the taking and empounding of Ch. 4'680 CONSTABLES required to give sureties Ch. 3563 COOL SPRING SCHOOL DISTRICT— Certain farms annexed to '61-596 COOL SPRING TOWNSHIP— Part of Springfield Township annexed to '42-324 Separate election and school district '51-43 DELAWARE TOWNSHIP— Polling place fixed '54-151 444 APPENDIX. Mercer County — Continued. DELINQUENT TAXES— Penalty on '54-600, '73-174 DIRECTORS OF POOR— Election of '50-239 Authorized to sell Poor House farm and purchase another '52-472 Powers and duties of '50-240, 242 Compensation of '50-242, '60-254, '65-152, '68-284, '71-14 DOG TAX fixed '62-322, '63-242, '72-939, rep. '97-235 DRAINAGE — Wet and spouty lands, coal and ore mines, and stone quarries regulated '71-987 EAST LACKAWANNOCK SCHOOL DISTRICT— J. H. Wright's land annexed to '67-1220 ELECTIONS Act of February 27, '49, extended to '50-218 Act of February 29, '49, extended to '50-637 Act of March 14, '50, repealed '52-48 FENCES— To regulate '16-'69 FINDLEY SCHOOL DISTRICT— A part of Mercer District annexed to '62-256 FRUIT— For the protection of '55-55, '61-478 And ornamental trees, protection of '67-907 GARDENS— Protection of '55-55, '61-478 GREENE TOWNSHIP— Salem Township, erection of '44-14 Line to be the Erie extension canal '49-509 Part of Salem Township attached to '50-416 Payment of bounties Act of March 14, '67, rep. '68-827 HICKORY TOWNSHIP— Polling place fixed '32-416 School Directors may tax railroads, coal lands and personal property '70-935 Road Commissioners, election of Act of May 10, '71, rep. '72-733 Supervisors authorized to levy per capita labor road tax '72-938 Per capita road tax and three-mill tax repealed '74-297 JEFFERSON TOWNSHIP— Polling place fixed '51-49, '52-134 Volunteer bounty tax validated '65-530 LABOR ROAD TAX— To be worked before September 1 '30-25, '60-38 LACKAWANNOCK TOWNSHIP— Polling place fixed. See West Lackawannock '34-480 LAKE TOWNSHIP— Polling place fixed '51-42 Separate school district '51-42 LAND— Drainage of '71-987 LIBERTY TOWNSHIP— Polling place fixed '51-191 Farm of William Gill attached to '52-304 LIST OF SPECIAL ACTS. 445 Mercer County — Continued. MAHONING TOWNSHIP divided '45-522 To elect four Supervisors '34-108 Part annexed to Neshannock Township '43-50 Polling place fixed '45-522 MERCER TOWNSHIP— Polling place fixed '44-19, 44 MILL CREEK TOWNSHIP— Cattle, etc. running at large '67-1071 NESHANNOCK TOWNSHIP— Part of Mahoning annexed to '43-50 OFFICERS, PUBLIC— Suits by '61-61 ORCHARDS — Yards and Gardens, trespass on how punished, '55-55, '61-478, '67-907 ORNAMENTAL TREES— Protection of '67-907 OTTER CREEK TOWNSHIP— School Directors authorized to levy tax for bounty purposes '66-485 OVERSEERS OF POOR— Office abolished '50-242 PATHJVIASTERS— Election of '46-420 To have road work done by August 1st and settle in month of November '60-38 Duties of and penalties for refusing to serve '60-38 POOR DIRECTORS— Election of '50-239 Powers and duties of '50-240, 242 Compensation of '50-242, '60-254, '71-14 Authorized to sell poorhouse farm and purchase another '52-472 POOR HOUSE— To provide for erection of '47-469, '50-239 Sale of farm '52-472 PULASKI TOWNSHIP— Polling place fixed '45-522 PYMATUNING TOWNSHIP— Polling place fixed '50-331 Farms of Charles Koonce and Mary Baggo annexed to '53-711, '54-288 School Directors authorized to lay tax and build school house '68-1003 Supervisors authorized to collect per capita tax '73-182 ROAD COMMISSIONERS— Election and duties of '46-265 ROAD TAXES — Apportionment of ?46-265 ROAD DISTRICTS— Each to consist of a sub-school district '60-38 Masters, duties and penalties for refusing to serve '46-420, '60-38 Tax, one-half to be worked out before September 1st '30-25 Viewers, appointment, duties and pay of '36-245, '38-651, '43-177 To have road work done by August 1st and settle in November '60-38 Viewers, pay fixed '71-14 446 APPENDIX. J Mercer County — Continued. ROADS AND BRIDGES Act of May 7, '44, extended '45-291 Repealed '36-245, '59-150, 469 Opening of '59-150 Vote of people on '47-427 ROSS TOWNSHIP— Name changed to Bear Creek Township '52-496, '57-52 SALEM SCHOOL DISTRICT— Farms of J. McKean, et al., attached to for school purposes '67-915 SALEM TOWNSHIP— Line of Green Township, to be the Erie Extension Canal '49-509 ROADMASTER— Repairs of roads '48-422 Part attached to Green Township '50-416 School loan authorized '68-1129 SANDY CREEK TOWNSHIP— Polling place fixed '53-81 SANDY LAKE TOWNSHIP SCHOOL DISTRICT— May send advanced scholars to Brownsville School '67-888 SCHOOL DISTRICTS— Each to be a road district '60-38 Sub-districts to elect sub-committee '45-529 SCHOOL HOUSES— Methods of selecting sites for '64-411 SHEEP— For the improvement of breed of Ch. 3867 Prohibited from running at large. See Fences '71-411, '73-310 Damages to '62-322, '63-242, '65-330, '72-939 SHENANGO TOWNSHIP— Polling place fixed '35-357, '51-41 Election of Supervisors '44-244, '48-481 School Directors to levy bounty tax '66-484 SLIPPERY ROCK TOWNSHIP— Polling place fixed '26-404 SPRINGFIELD TOWNSHIP— Part of, set oflf into Cool Spring Township '42-324 STATE ROADS— Townships to repair Ch. 5227 STRAYS — ^To regulate the taking and empounding of. See Fences Ch. 4630 SUB-SCHOOL DISTRICTS '45-529 SUPERVISORS to work out one-half road tax before September. See Roads '30-25 To apportion roads among sub-school districts '46-269 To perform duties of Overseers of Poor '50-243 To take charge of Butler and Mercer Turnpike Road '54-220 SURVEYORS — Appointment to survey roads, and pay of '67-270 SWAMPS — Drainage of '71-987 SWINE — Concerning raising of Ch. 4174 Prohibited from running at large. See Fences '71-411, '73-310 TAX COLLECTORS allowed expenses and legal fees for conveying prisoners to jail '69-671 Penalty on delinquent '54-600 LIST OF SPECIAL ACTS. 447 Mercer County — Continued. TAXES — Labor road to be one-half worked out before September. See Assessments '30-25 To reduce the expense of collection of '53-5 Penalty added to delinquent '54-600, '73-174 TOWNSHIPS to keep State roads in repair Ch. 5227 TOWNSHIP AUDITORS — Appeals from — election and duties '30-26 TOWN CLERKS— Court to appoint Ch. 4680 TREES, FRUIT OR ORNAMENTAL— Protection of '55-55, '67-907 TRESPASS ON GARDENS, ETC. '55-55, '61-478, '67-907 UNION SCHOOL DISTRICT— Office of Commissioner of, abolished '64-'804 VIEWERS OF ROADS— Compensation of '36-245, '38-651 Court to appoint three, one a surveyor '36-245 Duties defined '43-177 Pay of surveyors '67-270 Roads and bridges, pay fixed '71-14 Bridges, Court to appoint three '36-245, '58-65 WEST LACKAWANNOCK TOWNSHIP— Polling place fixed '52-37 WEST SALEM TOWNSHIP— Election of additional Supervisors authorized '34-108 Polling place fixed '40-34 Damage for opening roads '48-422 Act authorizing election of road master, repealed '48-422 Election of Constable '45-46 Levy of per capita labor road tax '72-930 WET LANDS— Drainage of '71-987 WOLF CREEK TOWNSHIP— Polling place fixed '51-156 WORTH TOWNSHIP— Polling place fixed '52-68 John Hamilton's land annexed to, for school purposes '67-1205 MIFFLIN COUNTY. Organized from parts of Cumberland and Northumberland Counties, Sep- tember 19, 1789. Chapter 1425. ARMAGH TOWNSHIP— Erection of Poor House '48-347 Poor House Act of April 21, '46, repealed '47-467 Polling place fixed '51-426 Hunting deer with dogs prohibited '52-300 Supervisors authorized to subscribe to certain stock '54-254 448 APPENDIX. Mifflin County — Continued. BRATTON TOWNSHIP— Hunting deer with dogs prohibited '52-300 Preservation of game '59-404 Railroad safety gates '66-680 Roads Act of May 1, '61, repealed '67-963. See '95-255 Authorized to purchase turnpike road '71-35 Polling place fixed '72-274 BRIDGES Act of April 13, '43, rep. '44-86 BROWN TOWNSHIP— Erection of Poor House '47-467, '48-347 Polling place fixed '54-354 Supervisors authorized to subscribe to certain stock '54-254 Bounty tax authorized '66-698 CONSTABLES— Election of '27-24 COUNTY BRIDGES not to be built near toll bridges '50-172 DERRY TOWNSHIP— Supervisors' pay fixed '69-1181 Caie of the Poor '45-265 DIRECTORS OF POOR— Election, powers and duties of '44-436, '46-461, '47-467, '50-556, '52-378 County Commissioners to act as '58-85, '70-98 DOGS— Hunting deer and elk with '48-223, '66-508 DOG TAX for school purposes '38-412 FRUIT— Protection of '55-169 GARDENS— Protection of '55-169 GRANVILLE TOWNSHIP— Polling place fixed '51-594 Land of Joseph Strode attached to '51-143 Farm of Jacob Ort attached to '54-417 Care of poor '45-265 Additional Supervisor authorized '55-371 Gates across the public roads '61-242, '67-722 Land of Thomas McCord annexed for school purposes '67-1271 MENNO TOWNSHIP— Erection of Poor House '47-467, '48-347 Polling place fixed '50-416 Bounty tax authorized '65 692 Cattle prohibited from running at large on Jack's Mountain '67-1128 OLIVER TOWNSHIP— Separate election district '49-134 Repairs of roads by contract '49-427 Boundaries of school district Act of April 3, '52, repealed '54-417 Public roads '57-159, '59-1044 Protection of game '57-203 Polling place fixed '49-560, '52-709, '57-535 Authorized to purchase turnpike road '71-35 ORCHARDS— Protection of '55-169 LIST OF SPECIAL ACTS. 449 Mifflin County — Continued. OVERSEERS OF POOR abolislied '44-439 PAUPERS— Care and emplojonent of '44-437, '46-461, '50-550 POOR HOUSE— Erection of '44-435, '46-461, '47-467, '50-556 Farm, sale of '51-122, '67-685, '68-745 Commissioners authorized to sell part of land and build '68-745 RIVER SCHOOL DISTRICT— Erection of 52-244 ROADS Act of February 24, '45, extended to '52-488 Act of April 13, '43, repealed '44-8'6 Act of April 5, '49, repealed '55-293 SCHOOL TAX ON DOGS '68-412 SUPERVISORS— Duties of, relative to poor '44-439 To collect certain fines '50-560 TRESPASS ON ORCHARDS, ETC. '55-169 UNION TOWNSHIP— Erection of Poor House '47-467, '48-347 Bounty tax authorized '65-699 Cattle prohibited from running at large on Jack's Mountain '67-1123 WAYNE TOWNSHIP— Elections regulated '34-478 Repairs of roads Act of April 5, '49, repealed '50-440 Polling place fixed '51-43 Preservation of game '56-404 Additional Supervisor authorized '59-233 Repair of roads by contract Act of April 5, '49, rep. '69-1044 MONROE COUNTY. Organized from parts of Northampton and Pike Coimties, April 1, 1836, . P. L. 430. BARRETT TOWNSHIP— Protection of fish Act of April 17, '69, rep. '70-840 Supervisors' pay fixed '73-633 BUSHKILL INDEPENDENT SCHOOL DISTRICT '65-527 CHESTNUT HILL TOWNSHIP— Two additional Supervisors authorized '60-205 Dog tax Act of April 14, '63, repealed '66-410 Protection of fish '61-378, '66-575 COLLECTOR OF TAXES '48-445, '87-170 COOLBAUGH TOWNSHIP— Pay of Supervisors Act of May 12, '71, repealed '87-179 DAMAGES— Road '50-395, '59-233 450 APPENDIX. Monroe County — Continued. DOG TAX '63-408 ELDRED TOWNSHIP— Dog tax Act of April 14, '63, repealed '65-416 Payment of bounties Act of April 6, '67, repealed '69-185 ELECTIONS— Compensation fixed for room rent '72-1091 Regulated '73-1118 HAMILTON TOWNSHIP— Two Supervisors authorized '59-141 Bounty tax authorized '68-233 Protection of sheep and taxing of dogs Act of April 2, '70, repealed '74-296 JACKSON TOWNSHIP— Separate election district '44-76 Dog tax Act of April 14, '63, repealed '66-13 Protection of fish '66-575 Bounty tax Act of April 5, '70, repealed '72-144 MIDDLE SMITHFIELD TOWNSHIP— Opening of roads '52-609 Polling place fixed '43-49, '44-19, '52-449 Election of Supervisors '44-57'6, '54-107 Election of Township Treasurer '67-813 Dog tax '67-1249 Protection of sheep and taxing of dogs Act of May 20, '57, repealed '78-95 .NTEW TOWNSHIPS— Collection of taxes in '48-445 OVERSEERS OF POOR— Pay fixed '68-133 PARADISE TOWNSHIP— Dog tax Act of April 14, '63, rep. '66-410 POCONO TOWNSHIP— Picking of cranberries regulated '62-203 Dog tax Act of May 20, '57, repealed '67-801 POLK TOWNSHIP— Dog tax Act of April 14, '63, rep. '65-416, '66-410 Protection of fish '66-575 PRICE TOWNSHIP— Polling place fixed '51-45, 60-120 Protection of fish Act of April 17, '69, repealed '70-840 ROAD DAMAGES '50-395 ROAD VIEWS AND DAMAGES '59-233. See '99-252 To be paid by petitioners '45-328. gee '01-347 ROOM RENT— For elections, amount fixed '72-1091 ROSS TOWNSHIP— Polling place fixed '49-559, '52-233 Dog tax Act of April 14, '63, repealed '65-416 SHEEP— Payment of damages '63-408 SMITHFIELD TOWNSHIP— Election of Supervisors '44-54 Additional Supervisor authorized '69-431 Cattle, etc. running at large '71-205 Loans to pay, volunteer bounties legalized '71-555 Overseers of Poor authorized to sell land '72-769 LIST OF SPECIAL ACTS. 451 Konroe County — Continued. STROUD TOWNSHIP— Erection of '52-598 Additional Supervisors authorized '57-186 Erection of poor house '64-713 Bounty tax authorized '66-672 Protection of fish Act of March 29, '67, repealed '69-186 Settlement of bounty accounts '70-284 Payment of bounties legalized '70-733 SUPERVISORS to give security for unseated land tax '39-691 Pay fixed '68-133 TAXES— Collection of, in new townships '48-445 Collection of Act of May 6, '67, repealed '87-170 TOBYHANNA TOWNSHIP— Polling place fixed '49-558 Additional Supervisor '61-71 Dog tax Act of April 14, '63, repealed '66-410 Protection of fish '66-575 TOWNSHIPS— New, collection of taxes in '48-445 Auditors pay fixed '68-133 TUNKHANNOCK TOWNSHIP— Dog tax Act of April 14, '63, repealed '66-410 CRANBERRIES Act of April 5, '59, repealed '66-426 PROTECTION OF FISH '67-575 UNSEATED LANDS— Tax to be paid to Supervisors by County Treasurer '39-691 Purchasers of, at tax sales to give bonds '41-347 VIEWERS— Road, payable by petitioners '45-328, '59-233 MONTGOMERY COITNTY. Organized from part of Philadelphia County, September 10, 1784, Ch. 1097. ABINGTON TOWNSHIP— Acceptance of common school law '38-594 Additional school tax '48-2 Cattle, etc., running at large '67-683, '69-379 ASSESSORS not required to attend elections. See Taxes '44-220 Pay fixed '64-425 Mileage '73-361 Assessments, when to begin '73-286 Not to assess machinery '73-507 BRIDGES — By whom repaired '45-184 29 452 APPENDIX. jStLontgomery Coimty — Continued. CHELTENHAM TOWNSHIP — Bristol Township line surveyed '42-192 Separate election district '50-414 Cattle, etc., running at large '63-453 CONSTABLES— Election of '27-24, '47-72 Eligible to re-election '32-148 Duties of, relative to collection of taxes '60-665, '68-343, '72-279 COUNTY COMMISSIONERS— Assessments, list of, to be furnished to Line Lexington Ind. School Dist. '73-535 Dog tax may be applied to county purposes '28-233 DAMAGES— Road '63-3 DIRECTORS OF POOR— Election and duties of Ch. 265'6, 3850, '24-206 To publish statements of accounts Ch. 3257, 3850 Powers and duties of Ch. 3850, '24-206, '31-127 Not eligible to office of steward of poor house '55-176 Authorized to sell land '60-371 Pay fixed '64-425 DISTRAINT of goods for taxes '66-226 DOG TAX Act of March 23, '09, repealed Ch. 5236 Applied to county purposes '28-333 ELECTIONS regulated • '40-348, '55-99 FRANCONIA TOWNSHIP— Polling place fixed '50-612 FREDERICK TOWNSHIP— Bounty tax authorized '66-349 FRUIT— Protection of '55-55, 234 GARDENS— Protection of '55-55 GOSHENHOPPEN SCHOOL DISTRICT— Erected '51-827 GWYNEDD TOWNSHIP— To prevent cattle, etc., from running at large '68-707 HATFIELD TOWNSHIP— Cattle, etc., running at large '72-295, '73-132 Fart of, embraced in Line Lexington Independent School Dis- trict '73-535 HORSHAM TOWNSHIP— Cattle, etc., running at large '70-773 JUSTICE OF THE PEACE— Duties of, relative to paupers '24-206 LIMERICK TOWNSHIP— Cattle, etc., running at large '70-773 Sale of school house '61-219 LINE LEXINGTON Independent School District erected '73-535 LOWER MERION TOWNSHIP— Preservation of birds and game. See Upper Merion '41-43 Bounty tax authorized '65-103 Cattle, etc., running at large '68-702 Roads and bridges Acts of March 2, '66, and April 11, '67, repealed '70-579 Supervisors to keep a portion of City Avenue in repair '72-967 LIST OF SPECIAL ACTS. 453 Montgomery County — Continued. LOWER PROVIDENCE TOWNSHIP— Polling place fixed '49-560 Boiinty tax Act of March 23, '65, repealed '68-880 Cattle, etc., running at large '69-379 LOWER SALFORD TOWNSHIP— Polling place fixed. See Upper Salford '42-46, '52-127 Cattle, etc., running at large '72-295 MARLBOROUGH TOWNSHIP— Lands annexed to for school purposes '53-470, '65-534 Cattle running at large '72-295 MONTGOMERY TOWNSHIP— Cattle, etc., running at large '73-132 MOORELAND TOWNSHIP— Cattle, etc., running at large '70-743 Trustees of J. Morris authorized to sell school lot '73-1109 NORRITON TOWNSHIP— Polling place fixed '52-639 Removal of toll house '63-232 Norris City Cemetery Company authorized to remove dead '63-471 Bounty tax authorized '65-715 Cattle, etc., running at large '73-132 OLD GOSHENHOPPEN SCHOOL DISTRICT— Act of April 30, '50, repealed '59-215 ORCHARDS— Protection of '55-55, 234 OVERSEERS of Poor abolished Ch. 2656 PAUPERS— Care and employment of Ch. 2656 Commitment and discharge of '24-206 PERKIOMEN Independent School District abolished '61-517 PERKIOMEN TOWNSHIP— Election of Supervisors '33-76 Polling place fixed '52-39 Bounty tax authorized '65-277 Cattle, etc., rimning at large '69-379 PLYMOUTH TOWNSHIP— Acceptance of common school system '39-602 Separate election district '44-577 Supervisors to subscribe for turnpike road stock '48-116 Bounty tax authorized '65-211 Cattle, etc., running at large '69-379 POLLING PLACES— When to be open '40-348 POOR DIRECTORS— See Directors of the Poor. POOR HOUSE— Erection of Ch. 2656, '70-744 Director not eligible as steward '55-176 POTTSGROVE TOWNSHIP— Polling place fixed '50-333 Cattle, etc., running at large '70-773 ROADS — Opening of, publication of proceedings '62-291 Act of March 15, '59, repealed '67-453 454 APPENDIX. Montgomery County — Continued. KOAD damages '63-3 KOAD VIEWS — County Commissioners to have notice of '71-717 Viewers, pay fixed '64-428 To be paid by petitioners '45-328, see '01-347 SCHOOL TAX— Assessment of '45-184 SKIPPACK TOWNSHIP— Election of Supervisors '33-77 SPRINGFIELD TOWNSHIP— Supervisors authorized to subscribe for stock of Wissahickon Turnpike Company '52-391 Water supply from Philadelphia '73-'636 STEWARD OF POOR HOUSE— Directors not eligible '55-176 STRAYS Ch. 3225 SUPERVISORS- Duties in relation to poor Ch. 2656 Pay fixed '64-425, '65-513 TAX COLLECTORS— Appointment of '40-651, Act of April 2, '41, repealed '44-411 Powers and duties of '47-340, '50-613 Act of May 5, '55, repealed '56-51 Constables made '60-665, '68-343, '72-279 Tax duplicates to be returned to County Commissioners' oflBce '66-466 TAXES — Levy, assessment and collection of. See Assessors, Con- stable '64-315 To regulate collection of '45-184, '66-226, '68-342, '71-659, '72-279, '85-204 County restricted '52-113, '66-488, '71-979 TOWAMENSING TOWNSHIP— Polling place fixed '44-244 TOWNSHIP AUDITORS— Election and duties of '31-339 Pay fixed '64-425 TRESPASS on orchards, etc., '55-55, 234 UPPER DUBLIN TOWNSHIP— Collection of school tax '47-476 Education of poor '48-2 Polling place fixed '50-111 Cattle, etc., running at large '69-379 UPPER HANOVER TOWNSHIP— Supervisors to subscribe for turnpike road stock '48-625 Polling place fixed '51-156, 425 Collection of taxes '52-113 Cattle, etc., running at large '72-295 LIST OF SPECIAL ACTS. 455 Montgomery County — Continued. UPPER MERION TOWNSHIP— Preservation of birds and game. See Lower Merion Polling place fixed IJounty tax authorized Cattle, etc., running at large UPPER SALFORD TOWNSHIP— Separate election district See Lower Salford Cattle, etc., running at large VIEWERS— See Road Views. WHITE MARSH TOWNSHIP— Supervisors to subscribe for turnpike road stock Polling place fixed '52-334, Cattle, etc., running at large WHITPAIN TOWNSHIP— Loan authorized Horses, sheep and swine running at large '68-707, '41-43 '51-425 '65-754 '68-702 '49-545 '72-295 '48-118 '53-466 '69-379 '54-443 '73-459 MONTOUR COUNTY. Organized from part of Columbia County, May 3, 1850, P. L. 658. ANTHONY TOWNSHIP— Polling place fixed '51-726, '52-233 COOPER TOWNSHIP— Overseers of Poor authorized to sell land '66-338 DERRY TOWNSHIP— Polling place fixed '51-726 DIRECTORS OF THE POOR— Election and duties of '54-654, '67-r68 DOG TAX '64-77 LIBERTY TOWNSHIP— Polling place changed Act of March 22, '59, repealed '60-260 LIMESTONE TOWNSHIP— Polling place fixed '53-24 School Directors authorized to collect additional tax '72-525 MAHONING TOWNSHIP— Polling place fixed '51-149 Orders for relief of poor '69-1042 Erection of poor house '54-654, '70-1190 To have one Director of the Poor '73-743 MAYBERRY TOWNSHIP— Polling place fixed '53-59 POOR DIRECTORS— See Directors of Poor. POOR HOUSE— Erection of '54-654, '70-1190 Act of April 11, '66, repealed '67-168 VALLEY TOWNSHIP— Erection of poor house '67-900 456 APPENDIX. NORTHAMPTON COUNTY. Organized from part of Bucks County, March 11, 1752, Ch. 393. ALLEN TOWNSHIP— Bounty tax authorized '63-392 BANKS TOWNSHIP— ^Separate election district '42-45 BETHLEHEM TOWNSHIP— Preservation of birds '41-43 Cattle, etc., running at large '64-885 Additional road tax '66-709 Boundaries defined Ch. 3671 Election of Supervisor and Treasurer Act of February 7, '65, repealed '66-199 Bounty tax authorized '63-392, '66-641 Pay of Supervisors and other officers increased '67-713 Damage to public roads by railroads Act of April 11, '66, repealed '67-255 BUSHKILL TOWNSHIP— Title of land vested in School Directors '48-496 Polling place fixed '54-246 Payment of certain bounty claims authorized '65-215 CENTREVILLE INDEPENDENT SCHOOL DISTRICT— Land of Joseph Houck annexed to '67-1276 DIRECTORS OF POOR— Election and duties of '37-46 May administer oaths and sell land '40-730 Pay fixed '59-137, '68-560 To receive and sell property belonging to paupers '71-1151 DOGS— Registration of '54-286 EAST ALLEN TOWNSHIP— Bounty tax authorized '63-392 Cattle, etc., running at large '67-940 ELECTION OFFICERS- Pay fixed '69-982, '77-79 ELECTIONS— Regulated '56-708 FORKS TOWNSHIP— Bounty tax authorized '63-166 Accounts, settlement of '67-156 Cattle, etc., running at large '71-1022 FRUIT— Protection of '53-387 GARDENS— Protection of '53-387 HANOVER TOWNSHIP— Bounty tax authorized '65-101 Cattle, etc., running at large '66-703 LEHIGH TOWNSHIP— Bounty tax authorized '63-392, '64-1025, '66-710 LIST OF SPECIAL ACTS. 457 Northampton County — Continued. LOWER MT. BETHEL TOWNSHIP— Roads and bridges. See Upper Mt. Bethel Act of April 3, '46, repealed '47-271 Polling place fixed '59-479 Bounty tax authorized '63-392, '68-811 LOWER NAZARETH TOWNSHIP— Bounty tax authorized. See Upper Nazareth '63-16'6, '66-641 Cattle, etc., running at large '67-940, '68-702 LOWER SAUCON TOWNSHIP— Election of Supervisors '32-14 Preservation of birds '41-43 Collection of road tax '61-617 Bounty tax authorized '63-166 Additional road tax authorized '71-844 MOORE TOWNSHIP— Bounty tax authorized '63-392 MT. PLEASANT Sub-School District Act of April 9, '49, repealed '50-100 ORCHARDS— Protection of '53-387 OVERSEERS OF POOR abolished '37-50 PALMER TOWNSHIP— Bounty tax authorized '63-166, '64-769, 816, 1032, '66-640 Damages to roads by railroads Act of April 11, '66, repealed '67-255 Cattle, etc., running at large '71-1022 Paupers — Care and employment of '37-46, '68-1031 How committed '45-77, 78 Orders for relief of '50-122 Directors of the Poor may sell property of '71-1151 PLAINFIELD TOWNSHIP— Polling place fixed '42-326, 478 Bounty tax authorized '63-166, '66-641 POOR— Care and employment of '37-46, '45-77, 78, '50-122 POOR DIRECTORS— See Directors of the Poor. POOR HOUSE— Erection of '37-46, '45-77, 78 PRIVATE ROADS— Opening of '71-972 REGISTRATION OF DOGS '54-236 ROADS — Private, opening of '71-972 ROAD DAMAGES— Relative to '46-226 To be paid by boroughs and townships '58-464 ROAD LAWS Act of April 3, '46, repealed '48-463 ROAD VIEWERS — ^Selection of '46-226, '58-464 Pay fixed '70-1112 SAUCON TOWNSHIP— Bounty tax authorized. See Lower Saucon '64-1025 Cattle, etc., running at large '67-940 STRAYS — Empounding and sale of Ch. 2805 458 APPENDIX. Northampton County — Continued. SURVEYORS — Pay for road work increased '70-1012 TAX COLLECTORS— Appointment of '42-197 TOWN CLERK— Election of Ch. 2865 TOWNSHIPS to take care of vagrants '68-1031 To pay road damages '58-464 TRESPASSING on orchards, etc. '53-378 ACTS of April 11, 1795, February 16, 1801, April 6, 1802, repealed Ch. 2611, 3866. UPPER MOUNT BETHEL TOWNSHIP— Elections regulated See Lower Mount Bethel '53-91 Polling place fixed '52-38, '89-479 Bounty tax authorized '63-355 Supervisors and roads Acts of April 26, '70, and February 21, '72, repealed '78-55 UPPER NAZARETH TOWNSHIP— Bounty tax authorized See Lower Nazareth '63-392 Cattle, etc., running at large '68-702 Supervisors may levy tax on county property '71-970 Vagrants to be taken care of by boroughs and townships '68-1031 VIEWERS— Pay increased '70-1112 Road, duties of '46-22'6, '58-464 WILLIAMS TOWNSHIP— Polling place fixed '42-478 Election of Supervisors '46-95 Bounty tax authorized '63-166, '66-fi41 NORTHUMBERLAND COUNTY. Organized from parts of Lancaster, Cumberland, Berks, Bedford and North- ampton Counties, March 27, 1772, Ch. 644. AUGUSTA TOWNSHIP— Acceptance of school law '38-594 Election of Supervisors '43-286 BRIDGE VIEWERS— Appointment of '49-90, '51-871 CAMERON TOWNSHIP— Polling place fixed '51-41, '53-118 CHILLISQUAQUE TOWNSHIP— Sale of school houses '53-376 A certain ditch authorized '54-803 Polling place fixed '43-53, '61-574 Cattle, etc., running at large '65-628, '66-1114, '68-301 LIST OF SPECIAL ACTS. 459 Northumberland County — Continued. COAL TOWNSHIP— Polling place fixed '51-160 Separate election and school district '40-347, '51-444 Erection of lock-up '53-517 Erection of poor house '63-492 CONSTABLES— Election of '27-24 Official term of '63-1 COUNTY COMMISSIONERS— To construct certain bridges '73-204, 369, 595 DELAWARE TOWNSHIP— Separate election district '44-76 Sale of school houses '52-603 Polling place fixed '54-803 DIRECTORS OF THE POOR— Powers and duties of '49-348 DRAIN in Chillisquaque Township '54-803 FENCES Act of March 27, 1784, repealed, Ch. 2109 FRUIT— Protection of '55-234, '61-63 GARDENS— Protection of '55-234, '61-63 HOGS Act of March 27, 1784, repealed, Ch. 2109 JACKSON TOWNSHIP— Polling place fixed '53-58 Election of Supervisors '46-422 JORDAN TOWNSHIP— Acceptance of school system '43-390 Polling place fixed '53-58 Bounty tax authorized '68-869 JUSTICE OF THE PEACE— County divided into sub-districts Ch. 3868 LEWIS TOWNSHIP— Separate election district '44-76 Sale of school house '53-376 LITTLE MAHANOY TOWNSHIP— Bounty tax authorized '66-672 LOWER AUGUSTA TOWNSHIP— Bounty tax authorized '65-286 Payment of bounty debts '73-262 LOWER MAHANOY TOWNSHIP— Polling place fixed '42-49, 55 Bounty tax authorized '65-283, 236 Foot bridge over Mahontango Creek '72-734, '73-470 MOUNT CARMEL TOWNSHIP— Return of unseated lands for poor taxes '66-794 Election of Supervisors '66-838 Surplus bounty funds '67-1035 Repairing roads Act of March 21, '61, repealed '68-181 Erection of poor house '70-519, '71-940 Erection of lock-up '73-581 ORCHARDS— Protection of '55-234, '61-63 OVERSEERS of the Poor to give official bond '59-665 Official term of '63-1 POOR HOUSE— Erection of '49-343 460 APPENDIX. Northumberland County — Continued. ROAD DAMAGES— Act of March 7, '59, repealed '61-446 Appeal from report of viewers '73-288 ROAD TAXES— Collection of. See Supervisors '44-110 Half to be worked out before September 1st '30-25 ROAD— Views '49-90, '60-604, '61-446 Petitioners or County Commissioners may appeal from '73-28S ROAD VIEWERS— Appointment of '21-871 By whom paid '62-23 RUSH TOWNSHIP— Bounty tax authorized '66-736 SHAMOKIN TOWNSHIP— Line of Catawissa Township, Columbia County, surveyed '30-341 Acceptance of school tax '38-594 Election of Supervisors '48-57 Two Supervisors authorized '53-167 Bounty tax authorized '65-679 Loan authorized '70-1307 SHEEP— To improve the breed of Ch. 2534, 3779 SUPERVISORS to expend one-half of road tax before September 1st, See Roads '30-25 Penalty for neglecting to repair roads '37-353 To appoint tax collectors '44-110 To give official bond '59-665 Term of '63-1 Pay fixed '67-471 SWINE Act of March 27, 1784, repealed Ch. 2109 TOWNSHIP AUDITORS— Election, duties and pay of '30-26, '67-471 TOWNSHIPS not to subscribe to capital stock '54-123 TOWNSHIP TREASURERS— Election of '44-110 TRESPASS— Acts of April 11, 1795, February 16, 1801, and April 6, 1802, repealed, Ch. 2611, 3866. On orchards, gardens, etc. '55-234, '61-63 TURBUT TOWNSHIP— Election of Supervisors '40-69 Separate election district '44-76 Sale of school houses '53-376 Bounty tax authorized '65-286, '70-1135 Additional tax authorized '70-1135 To prevent cattle, etc., from running at large '70-1137 LIST OF SPECIAL ACTS. 46 1 Northumberland County — Continued. VIEWERS— Road and bridge, appointment of '49-90, '51-871, '60-604, '61-446 When petitioners to pay '62-23 Petitioners or County Commissioners may appeal from awards of '73-288 WASHINGTON TOWNSHIP— Bounty tax authorized '65-283 Sale of certain school property '72-38'6 ZERBE TOWNSHIP— Repairing roads by contract '61-274, 461 Collection of school taxes '72-421 School loan authorized '73-703 ONTAHIO COUNTY. Erected from parts of Lycoming and Luzerne Counties, February 21, 1810. Name changed to Bradford. Chap. 3513. PERRY COUNTY. Organized from part of Cumberland County, March 22, 1820, Ch. 4853. BRIDGES, County, not to be built near toll bridges '50-172 Act of March 25, '68, repealed '79-170 Viewing and erection of '68-469, '72-335 CATTLE trespassing Ch. 5039, repealed '97-235 CENTRE TOWNSHIP— Duty of Supervisors '51-162, '53-397 Bounty tax '66-404, '68-133 COUNTY COMMISSIONERS— To complete a certain road '44-315, '45-22 To re-let certain bridges '46-289 To reconstruct certain bridges '46-289 To aid in making mountain roads '64-14, '66-793, '73-843 COUNTY BRIDGES— '46-289, '50-172, '72-335, '79-170 DAMAGES— Road '55-215, 341, '59-508 DIRECTORS OF THE POOR— Election and duties of '24-205 To sell certain land '27-160, '39-457, '40-731 May bind out apprentices '41-33 Authorized to administer oaths '41-33 DOGS taxed and declared personal property '73-648, 652 Hunting deer with prohibited '54-413, '69-202 462 APPENDIX. Perry County — Continued. ELECTION DISTRICTS '44-79 ELECTIONS regulated '51-158 FENCES— Legal requirements Ch. 5039, repealed '97-235 GREENWOOD TOWNSHIP— Preservation of game '56-404 Boundaries extended '49-116 Polling place fixed '44-243, '58-88 Bounty tax and accounts '65-625, '66-818, '71-1223 HOWE TOWNSHIP— Coimty aid for a certain road '65-437, '69-467, '73-843 JACKSON TOWNSHIP— County aid for a certain road '45-22 Polling place fixed '45-48 County bridge over Houston's Run '68-819 Road tax '73-397 Bounty tax authorized '66-314 JUNIATA TOWNSHIP— Preservation of game '67-404 Boundaries diminished '49-116 Polling place fixed '49-143, '59-69 Settlement of bounty accounts '70-104 LIVERPOOL TOWNSHIP— Polling place fixed '50-127, '57-35 MADISON TOWNSHIP— Elections regulated '58-46 Bounty tax authorized '66-865 Division of and election of officers '67-216 County appropriation for a mountain road '66-793 Six mills road tax authorized in Sandy Hill District '71-1270 School Directors authorized to sell '71-1283 MILLER TOWNSHIP— Erection of '52-128 Road Supervisors Act of April 27, '52, repealed '53-451 Polling place fixed '52-128, '60-243 Roads Act of March 11, '51, repealed '61-220 MOUNTAIN ROADS— County to aid in making '64-14, '66-793, '73-843 OLIVER TOWNSHIP— Repairing roads by contract '51-162, '53-397 Roads and Supervisors Act of April 27, '52, repealed '53-451 Settlement of boimty accounts '68-674, '69-489 PAUPERS— Care and employment of '24-205 PENN TOWNSHIP— Licenses Act of March 27, '66, repealed '67-97, '71-780 Sale of liquor prohibited '67-1283 L. Wister's Island annexed to '68-413 POOR HOUSE— Erection of Ch. 5060, '24-205 Loan authorized '71-186, '72-217 LIST OF SPECIAL ACTS. 463 Perry County — Continued. ROAD VIEWS— Expenses of to be paid by applicant '69-918 ROAD VIEWERS— Appointment of '46-363 ROADS AND BRIDGES— See Supervisors Act of April 13, '43, repealed '68-4G9 RYE TOWNSHIP— Election of Constable '25-66, '30-77 Additional road tax authorized '71-804 SANDY HILL TOWNSHIP— Road tax '71-1270 6AVILLE TOWNSHIP— Opening of a certain road '31-455 Polling place fixed '49-143, '50-414, '60-239 Maximum road tax fixed at six mills '73-746 SPRING TOWNSHIP— Polling place fixed '49-60, '60-240 Supervisors' and Auditors' pay fixed Act of April 2, '68, repealed '81-15 STRAYS— See Cattle. SUPERVISORS— Pay fixed. See Roads '69-933 To give bond '59-317 TOBOYNE TOWNSHIP — School directors authorized to sell land '33-245 Polling place fixed '45-48 Acceptance of school law '38-594 Licenses, to regulate the granting of '50-678 Width of roads fixed '46-363 Repairing roads by contract '61-228 County appropriation for a certain mountain road '66-738 Special road law repealed '64-353 TUSCARORA TOWNSHIP— Settlement of bounty accounts '70-104 TYRONE TOWNSHIP— Constable not to serve writs beyond township lines '41-70 Henry Valley annexed to '42-50 Separate school district '50-345, '51-161 Taxation of county property '62-277 WATTS TOWNSHIP— Polling place fixed '50-88, '51-470 Repair of a certain road '62-370 WHEATFIELD TOWNSHIP— Polling place fixed '42-46 Roads Act of April 12, '51, repealed '52-210 Bounty tax Act of April 12, '67, repealed '69-576 464 APPENDIX. PHILADELPHIA COUNTY. One of the original counties organized in 1682. BLOCKLEY TOWNSHIP— Baptist parsonage exempted from taxation '71-1486 Consolidated with Philadelphia City '54-25 Crossing, railroads to grade '52-715 Dog tax, overseers of poor to collect '28-333 Draft and survey of '37-302 Grades of streets '60-312 Lehman street vacated '50-441 Marion Avenue, opening of '50-401, '51-878, '53-669 Meeting house lane vacated '54-594 Overseers to levy poor tax '45-132 To collect dog tax '28-333 Poor tax, levy of '45-132 Rabbit Lane vacated '54-594 Railroads to grade crossings '52-715 Road Commissioners, appointment and duties of '28-430, '32-150, '50-400. Road Commissioners to lay out a certain road '53-344 Roads not to be laid through lands of Guardians of the Poor '50-217 School Directors, election of '40-80, '45-133 Streets, laying out and opening of '37-302, '51-303 Supervisors — Election of '32-150 SSurvey of '37-302, '57-489, '61-430 BRISTOL TOWNSHIP— Care and employment of poor '23-115, '29-47 Election of School Directors '40-80 Dog tax applied to poor fund '29-47 Consolidated with Philadelphia '54-25 BYBERRY TOWNSHIP— Dog tax to go to poor fund '26-132 Election of School Directors '40-80 Removal of paupers '27-436 Sale of school house '51-212 Act to unite with Moreland for poor purposes repealed '71-1249 Consolidated with Philadelphia '54-25 DELAWARE TOWNSHIP— Polling place fixed '52-533 Election of officers '53-38 Consolidated with Philadelphia '54-25 LIST OF SPECIAL ACTS. 465 Philadelphia Cotinty — Continued. GERJMANTOWN TOWNSHIP— Collection of poor taxes '73-272 Consolidated with Philadelphia City '54-25 Election of Managers of the Poor '61-590 KINGSESSING TOWNSHIP— Dog tax '25-226 Election of Constables '29-90 Survey and draft of '37-302, '53-247, '57-376 Election of School Directors '40-80, '50-154, '53-740 Consolidated with Philadelphia City '54-25 Railroad companies to grade crossings '52-715 Election of officers '52-64 Survey confirmed '57-376 LOWER DUBLIN TOWNSHIP— Duties of Justice of the Peace in relation to paupers Ch. 4180 Election of Constable Ch. 4632 Election of Directors of the Poor Ch. 2852, '27-435 Care of the poor '28-250 Election of School Directors '40-80 Polling place fixed '52-532 Erection of poor house Ch. 2852, '68-800 Consolidated with Philadelphia City '54-25 Dog tax to be paid to poor treasurer '24-234 Directors of the Poor authorized to sell land '32-457 Poor tax a lien on real estate '71-1249 Poor loan authorized '67-100, '69-550 Registration of '59-226 NORTH PENN DISTRICT— Boundaries defined '47-114 Election of Commissioners '51-88 Polling place fixed '48-353 Sidewalks '52-96, '53-293 NORTH PENN TOWNSHIP— Polling place fixed '44-77 Election of Assessors '50-647 Certain streets vacated '50-457 Road tax on cemeteries '50-738 Pay of Supervisors fixed '51-727 OXFORD TOWNSHIP— Dog tax payable to poor fund '24-234 Election of Directors of the Poor Ch. 2852, '27-435 Election of School Directors '40-80 Duties of Justice of the Peace in relation to paupers Ch. 4180 Care and employment of the poor '28-250 Consolidated with Philadelphia City '54-25 Election of officers '46-23 466 APPENDIX. Philadelphia County — Continued. Erection of poor house Ch. 2852, '69-800 Directors of the Poor authorized to sell land '32-457 Loan authorized '69-500 Loan for poor purposes '67-100, '69-550 Poor tax a lien on real estate '71-1249 Registration of '59-22'6 PASSYUNK TOWNSHIP— Arsenal ceded to United States '23-137, '41-115 Boundaries changed '48-340 Consolidated with Philadelphia City '54-25 Constables, election of Ch. 4550 Controllers, election of '52-339 Directors of Girard School, election of '32-421 Title vested in directors '45-241 Dog tax payable to poor fund Ch. 3'695 Oflficers, election of '45-142 Plan of '53-573 Poor fund, dog tax payable to Ch. 3695 Roads, opening of '32-27 School Directors, appointment of Ch. 4969 Election of Ch. 4080, '43-78 Street Commissioners, powers and pay of '50-292 Street, certain, opened '37-127 Streets, opening of '32-27 Streets, survey of '37-9, 298, '50-292 Supervisors to give bonds '44-410 Supervisors, duties of '32-29 Survey of '53-573 United States, arsenal ceded to '23-187, '41-115 PENN TOWNSHIP— Act of incorporation '43-344 Broad street, improvement of '53-442 Commissioners of roads, election of '32-149 Consolidated with Philadelphia City '54-25 Election district, new '42-451 Guardians of the Poor may borrow money '32-57 Authorized to sell land '49-146 Incorporation of '43-344 Nuisances '53-373 Officers, election of '41-246 Pipes, laying of Ch. 3654 Polling place fixed '42-45 Roads, Commissioners of, election and duties of '32-149 LIST OF SPECIAL ACTS. 4^7 Philadelphia County — Continued. Roads, Superintendent of, appointment of '37-354 School Directors, election of '40-80, '53-671 Sidewalks '53-373 Street improvement tax '41-247, '43-346 Streets, lanes and alleys, regulation of Ch. 5093, '41-141 Superintendents of roads, appointment of '37-354 Supervisors, duties of '41-247 Survey and draft of '38-48, '43-344 Surveyor, duties of '53-^729 Surveyor authorized to change grades '50-292 Tax for street improvement '41-247, '43-346 Timber Lane vacated '53-575, '54-652 1 timer's Lane vacated '53-624, '54-652 PIKE COIXNTY. Erected March 26, 1814, out of part of Wayne County. Ch. 3923. BLOOMING GROVE TOWNSHIP— Polling place fixed '51-49 Additional Supervisor authorized '57-186 BUSHKILL INDEPENDENT SCHOOL DISTRICT— Erection of '65-527 DELAWARE TOWNSHIP— Duties of Supervisors '50-385 Four Supervisors authorized '51-84 Dog tax '63-75 Bounty tax authorized '65-693 DINGMAN TOWNSHIP— Four Supervisors authorized '52-328 ELECTION— Time fixed '44-80 GREENE TOWNSHIP— Polling place fixed '54-107 LACKAWAXEN TOWNSHIP— Polling place fixed '49-115, 555 Five Supervisors authorized '67-1050 LEHMAN TOWNSHIP— Duties of Supervisors '50-385 Additional Supervisor authorized '57-186 MILFORD TOWNSHIP— Horses, cattle, sheep and swine prohibited from running at large '73-733 Water supply Ch. 4227, '39-658 Act to open a certain road repealed '74-421 PLANK ROADS— Repairs of '58-357 PORTER TOWNSHIP— Opening of roads '52-609 ROAD VIEWS AND DAMAGES '63-337, see '01-390 30 468 APPENDIX. Pike County — Continued. ROADS— Opening and maintaining. See Plank Roads '46-231, '60-610 SCHOOL DIRECTORS may condemn lands '61-361 SEATED LANDS— Treasurers' sales of '70-137, '71-412, see June 3, '93-289 SHOHOLA TOWNSHIP— Polling place fixed '53-10 TOWNSHIP ACCOUNTS— Settlement of '53-170 TREASURERS' sales of seated lands '70-137, '71-412 UNSEATED LANDS — Owners of, may appeal from assessments '72-65 Purchasers of, to give bonds '41-347 UPPER SMITHFIELD TOWNSHIP— Election of Constable Ch. 4811 VIEWS— Road '63-337 WESTFALL TOWNSHIP— Polling place fixed '49-557 POTTER COUNTY. Organized from part of Lycoming County, March 26, 1804, Ch. 246'6. ABBOTT TOWNSHIP— Polling place fixed '52-529 Tax duplicates '66-264 ALLEGHENY TOWNSHIP— Polling place fixed '48-366, '57-22 Ten mills additional road tax authorized '58-139 The return of certain unseated lands '70-1207 To prevent domestic animals from running at large '78-99 BINGHAM TOWNSHIP— Ten mills additional tax authorized '59-237 Additional road tax '51-237 To prevent domestic animals from running at large '78-99 BRIDGES— Repairs of '44-136, 200 CATTLE— Prohibited from running at large. See Strays '78-99 CLARA TOWNSHIP— Separate election district '42-44, '47-425 Additional road tax authorized '62-257 CONSTABLES— Election of '32-416 May be appointed tax collector '66-176 Duties in relation to unworked road tax '73-481 DOG TAX for damages to sheep '65-468 For school purposes '71-651, '73-459 EAST FORK ROAD DISTRICT.— Erection of '69-706 EULALIA TOWNSHIP— Polling place fixed '50-88 Separate road district '69-706 Ten mills road tax authorized '73-692 FRUIT— Protection of '58-111 GENESSEE TOWNSHIP— A separate election district '42-44 LIST OF SPECIAL ACTS. 469 Potter Coiinty — Continued. Ten mills additional road tax authorized '66-709 Return of unseated land '72-664 To prevent domestic animals running at large '78-99 HARRISON TOWNSHIP— Ten mills road tax authorized '60-296 To prevent domestic animals running at large '78-99 HEBRON TOWNSHIP— Ten mills road tax authorized '60-296 Polling place fixed '45-154, 521 HECTOR TOWNSHIP— Ten mills additional road tax authorized '66-709 HORNER TOWNSHIP— Ten mills additional road tax authorized '61-232 Polling place fixed '43-52, '48-478, '54-170 JACKSON TOWNSHIP— iSeparate election district '57-'616 Supervisors to levy additional tax '72-592 JUSTICE OF THE PEACE— County divided into districts Ch. 3868 KEATING TOWNSHIP— Return of unseated lands '70-473 OFFICERS, Public— Accountability of '60-584 ORCHARDS— Protection of '58-111 OSWAYO TOWNSHIP— Additional road tax authorized '69-454 OVERSEERS OF THE POOR— Pay fixed '66-709 Election of '82-416 PATHMASTERS— Appointment and duties of '44-200, '73-481 PIKE TOWNSHIP— Polling place fixed '51-49, '52-590 Ten mills road tax authorized '66-709 Overseers may contract for support of the poor '70-701 Return of certain unseated lands authorized '70-864, '71-677 PLEASANT VALLEY TOWNSHIP— Ten mill road tax authorized '67-439 Polling place fixed '48-366 POOR TAXES— Assessment of. See Overseers '69-204 On unseated lands, collection of '47-253, '69-204, '70-259 PORTAGE TOWNSHIP— A separate election district '42-467 Boundaries of, enlarged '71-1002 PUBLIC OFFICERS— Accountability of '60-584 ROAD COMMISSIONERS to act as Overseers of the Poor. See Supervisors. PATHMASTERS '44-200 Election, powers and duties of '44-200, '46-199, '73-591 ROAD FUNDS— Disbursement of '61-497 ROAD TAX— Assessment and collection of '44-200, '46-199, '54-650, '55-240 On unseated lands '44-200, '59-636, '73-481, 591 Rate of, limited '54-'650 470 APPENDIX. Potter County — Continued. One day's work a minimum '67-665 Unworked, to be collected by Constable '73-481 ROAD VIEWERS— Duties of '55-240 Pay fixed at $1.50 per day '69-649 ROADS — Opening and repairing of. See Pathmasters — Super- visors '24-101, '46-199, '55-240 ROULETTE TOWNSHIP— Polling place fixed '51-191 SCHOOL DIRECTORS may condemn land '62-48 To receive dog tax '71-651, '73-459 SCHOOL DISTRICTS— Appropriations to '47-375, '53-204 SCHOOL TAXES— Collection of '53-246 Rate limited '54-650 SEATED LANDS— Sale of, for taxes '69-340 SHARON TOWNSHIP— Separate election district '42-44 Ten mill road tax authorized '58-139 Polling place fixed '49-558, '69-638 Special road tax authorized '65-379 SHEEP — Damages paid by dog tax '65-468 STEWARDSON TOWNSHIP— Separate election district '44-242 Polling place fixed '46-420, '49-144, '63-4 STRAYS — See Cattle. Act concerning extended to '47-164 SUMMIT TOWNSHIP— Polling place fixed '54-193 SUPERVISORS to give official bonds. See Road Commissioners, Ch. 4619 Ten mill tax authorized Ch. 4873 Pay fixed at $1.50 per day '66-709 Election and duties of '32-416, '33-77, '34-413, '55-240, '73-481 SURVEYORS OF ROADS— Pay fixed at $3.00 per day '69-'649 KWEDEN TOWNSHIP— Separate election district '42-325 Polling place fixed '53-24 Additional road tax authorized '73-338 To prevent domestic animals from running at large '78-99 SWINE — Prohibited from running at large. See Strays '53-550 SYLVANIA TOWNSHIP— Ten mills additional road tax authorized '61-232 Part annexed to Portage Township '71-1002 TAX on unseated land, collection of '47-253 Collection of '44-200, '46-199, '52-588, '53-246, '54-650, '55-240 '66-176, '69-340, '73-481. Road and school, rate limited '54-650 Sales '62-317, '67-214, '69-340, '70-282 School, collection of '53-246 Duplicates, when to be returned '67-634 LIST OF SPECIAL ACTS. 47 ^ Potter Comity — Continued. Poor, assessment of '69-204 Unworked road, to be collected by Constable '73-481 TOWN CLERK— Election and duties of '33-77, '47-1G4 TOWNSHIP AUDITORS— Election of '33-77 Pay fixed '66-709 Time of meeting '58-205 TOWNSHIP TAXES — Assessment and Collection of. See Road Tax, School Tax '46-199, '52-588, 622 TOWNiSHIP TREASURER— Election of '46-41 TREASURER'S sales of unseated lands. See County Treasurer '67-214, '69-340, '70-282 TRESPASS on orchards, etc. '58-111 ULYSSES TOWNSHIP— Polling place fixed '44-242, '52-532 Ten mill additional road tax authorized '61-232 Boimty tax authorized '65-578, '67-454 To prevent domestic animals running at large '78-99 UNSEATED LANDS— Collection of taxes on '47-253, '70-259 Road tax on '44-200, '59-636, '73-481, 591 Bought by county, redemption of '62-317 Poor taxes on '47-253, '69-204, '70-259 (Sale and redemption of '62-317, '67-214, '69-340, '70-282 Return of, nunc pro tunc '63-531, '65-598, '69-336 Collection of poor taxes on '70-259 Return of '47-253, '70-282 VIEWERS OF ROADS— Duties of '55-240 Pay fixed '69-649 WEST BRANCH TOWNSHIP— Polling place fixed '45-24, '59-16 Ten mill road tax authorized '67-439 WHARTON TOWNSHIP— Return of unseated lands— nunc pro tune '63-231 Ten mill additional road tax authorized '28-438. '47-137. '66-709 472 APPENDIX. SCHUYLKILL COUNTY. Organized from parts of Berks and Northampton Counties, March 11, 1811. Chap. 3309. ALLISON SCHOOL DISTRICT— Erection of '50-135, '51-558 APPEALS from assessments '52-459, '71-665 ASSESSMENTS Act of April 26, '50, repealed '52-459, '71-665 ASSESSORS— Pay fixed Act of March 16, '65, repealed '78-35 BARRY TOWNSHIP— Accountability of public officers '64-494 Collection of road tax. Act of February 17, '59, repealed '76-209 BLYTHE TOWNSHIP— Orders in favor of Supervisors '48-337 Act for regulation of Supervisors repealed '52-48 Supervisors to give official bond '53-20 Two Supervisors authorized '58-231 Repairing roads by contract '60-4 Polling place fixed '52-37, '60-108 Duties of Supervisors '63-478, '67-449 BRANCH TOWNSHIP— Mortgage of Minersville school house '41-89 Separate school district '42-331 Separate election district '42-334 Warrants in favor of Supervisors '48-337 Election and duties of Supervisors '50-592 Township officers not to be interested in contracts '51-473 Repairing roads by contract '68-415 Return of certain unseated lands '69-532 BRIDGES— When townships to repair '60-105, '61-163 BRUSH VALLEY TOWNSHIP— Additional Supervisors authorized '60-55 BUTLER TOWNSHIP— Election and duties of Supervisors '50-260, '56-35, '59-146, '63-478 Repair of roads '66-17, '71-166 By lowest bidder '60-4, '70-1129 Election of officers '72-98 CASS TOWNSHIP— Election and duties of Supervisors '50-592, '56-334, '63-478, '68-271 Township officers not to be interested in contracts '51-473 Delaware Coal Company's tax '55-251 Repairing roads by contract '60-4 Collection of taxes '68-818 Duties and pay of Supervisors '68-271 LIST OF SPECIAL ACTS. 473 Schuylkill County — Continued. CENTRE SCHOOL DISTRICT, established '49-529 COLEDALE SCHOOL DISTRICT erected '52-304 COUNTY BRIDGES— When townships to repair '60-105 When County to repair '60-105, '61-163 DIRECTORS OF THE POOR— Loan authorized '31-424 Election, powers and duties of '31-423, '61-49 Purchase of poor house site validated '32-292 To fix certain salaries '59-71 Appointment of steward and physician '64-77 Compensation of '64-285, '65-382 Authorized to sell land '65-274 Act of March 16, '65, repealed '78-35 DOGS— Registration of '54-286 Taxation of '34-91 EAST BRUNSWICK TOWNSHIP— Boundaries of school district '38-623, '45-126, '46-45, '49-530 Polling place fixed '61-140 Accountability of public officers '62-351 Bounty tax authorized '65-188, '66-935 EAST NORWEGIAN TOWNSHIP— Erection of '47-256 Boundaries of school district '51-139 Act to regulate repealed '52-48 Repairing roads by contract '60-4 Boundaries extended '60-531 Polling place fixed '62-34 Pay and duties of Supervisors '63-478, '68-271 EAST PINE GROVE TOWNSHIP— Bounty tax authorized '65-593 EAST PINE GROVE SCHOOL DISTRICT— Erection of '52-43 ELDRED TOWNSHIP— Polling place fixed '50-69, '51-40, 191 Public officers Act of February 17, '59, repealed '67-1152 Election and duties of Supervisors '70-997 Collection of taxes Act of May 26, '71, repealed '87-177 ELECTION OFFICERS— Pay of '67-1083, '68-176 ELECTIONS Act of April 8, '57, repealed '59-211 FARMER'S SCHOOL DISTRICT erected '52-48 FINES — ^Appropriated to school treasurer '50-627 FOSTER TOWNSHIP— Repairing roads by contract '60-4 Duties of Supervisors '63-478, '69-418 Return of unseated lands, nunc pro tunc '71-1297 474 APPENDIX. Schuylkill County — Continued. FRAILEY TOWNSHIP— Election and duties of Supervisors '52-218, '53-777 Pay fixed Act of April 1, '53, repealed '89-145 FRUIT— Protection of '61-478 GARDENS— Protection of '61-478 HEGINS TOWNSHIP— Polling place fixed '58-18 Boundaries of school district enlarged '63-401 HUBLEY TOWNSHIP— Accountability of public officers '62-351 JUSTICE OF THE PEACE— County divided into districts Ch. 3868, '32-511 To pay certain fines to school fund '50-627 LOWER MAHANTANGO TOWNSHIP— A separate school district '40-604, '46-327, '47-127 LOWHILL TOWNSHIP— Polling place fixed '50-10 MAHANOY TOWNSHIP— Polling place fixed '51-43 Duties and pay of Supervisors '61-503, '63-478, '72-651 Return of school taxes on unseated lands '66-1028 Repair of roads, -bridges and culverts '72-651, '73-448 Roads Act of January 19, '60, repealed '73-448 Election of tovraship officers '73-742 MANHEIM TOWNSHIP— Polling place fixed. See North Manheim. South Manheim '49-55'6 Hill street, part vacated '54-410 McKEANSBURG SCHOOL DISTRICT erected '50-701 NEW CASTLE TOWNSHIP— Separate election district '43-50 Act for regulation of, repealed '52-48 Repair of roads and bridges '58-6, '60-4, '70-758, '71-583 Duties of Supervisors '51-84, '63-478 Boundaries reduced '60-531 Collection of taxes '69-207 NORTH MANHEIM TOWNSHIP— Polling place fixed '50-69, 85 Part of Hill street vacated '54-410 Bounty tax authorized '66-133 NORTH SCHOOL DISTRICT erected '50-180 NORTH UNION TOWNSHIP— Supervisors to collect road taxes '73-627 Auditors authorized to levy a tax '69-885 NORWEGIAN TOWNSHIP— Election of Constables. See East Norwegian '31-468 Delaware Coal Company to build school houses '42-483 Boundaries diminished '61-499 Duties and election of Supervisors '48-354, '63-478 Warrants in favor of Supervisors '48-337 LIST OF SPECIAL ACTS. 475 Schuylkill County — Continued. Division of Delaware Coal Company's school tax '55-251 Repair of roads by contract '60-4 Repair of roads — pay of Supervisors '67-449 ORCHARDS, protection of '61-478 OVERSEERS OF THE POOR abolished '31-427 PAUPERS— Care and employment of '31-422 Fees for committing '36-21, '46-370 One justice may commit '50-122 PINE GROVE TOWNSHIP— A separate school district See East Pine Grove '38-624, '40-84 Election of Constables '26-60 POOR DIRECTORS— See Directors of the Poor. POOR FUNDS— To be received and disbursed by County Treasurer '50-572 POOR HOUSE— Erection of '31-422, '32-292 Act of January 25, '46, repealed '48-507 Exempt from taxation '49-599 Appointment of steward and physician '64-77 PORTER TOWNSHIP— Polling place Act of February 9, '58, repealed '59-80 ijchool loan authorized '71-994 RAHN TOWNSHIP— But one Supervisor authorized '62-7 REGISTRATION of dogs '54-286 REILLY TOWNSHIP— Repairing roads by contract '60-4 Duty of Supervisors '63-478 ROAD CONTRACTORS— Relief of '68-493 ROAD TAXES— Collection of '44-110, '59-51 One half to be worked before September 1 '30-27 ROAD VIEWERS— To give notice to township officers '67-148 Duties of '61-163 ROADS— Repairs of. See Supervisors '55-437, '60-105, '61-658 RUSH TOWNSHIP— Polling place fixed '42-465, '51-40, '53-447 Repairs of roads Act of January 19, '60, repealed '61-17 Duties of Supervisors '63-478 Lehigh and Mahanoy Railroad required to fence '64-409 Fishing without consent of owners prohibited '69-804 Collection of road taxes '71-1268 Office of town treasurer abolished '71-1268 RYAN TOWNSHIP— Fishing without consent of owners prohibited '69-804 Return of certain imseated lands '70-107 SCHOOL TREASURERS to give bonds '59-51 Certain fines payable to '50-627 To pay teachers for attending institutes '72-428 4/6 APPENDIX. Schuylkill County — Continued. SCHUYLKILL SCHOOL DISTRICT— Act repealed '51-G09 SCHUYLKILL TOWNSHIP— Warrants in favor of Supervisors '48-337 Supervisors to give bonds '53-25'6 Repairs of roads '60-4, '63-26 Accountability of public oflScers '63-536 Bounty tax authorized . '66-935 SOUTH MANHEIM TOWNSHIP— Accountability of public officers '63-67 STEPHEN SCHOOL DISTRICT '51-600, '70-348 STRAYS Act of April 13, '07, and March 5, '19, repealed '32-12 STRONGSBURG and North Pine Grove School District '40-85 SUMMIT SCHOOL DISTRICT erected '46-365 SUPERVISORS to act as Overseers of the Poor. See Roads '31-427 To appoint Tax Collectors '44-110 Repair of roads by contract '55-437 To give bonds '59-51 Compensation of Act of March 16, '65, repealed '78-35 Pay fixed '48-337, '59-649, '65-382 TAX COLLECTORS— Official bonds of '59-51 Appointment of '44-110 TA:\, road, collection of '44-110 TOWNSHIP AUDITORS— Pay fixed '65-382 TOWNSHIP LINES, alteration of, to be recorded '59-460 TOWNSHIP OFFICERS to give official bonds '59-51 TOWNSHIP TREASURERS— Election of '44-110 To give official bonds and collect road taxes '59-51 TOWNSHIPS— See Bridges TREMONT TOWNSHIP— Election and duties of Supervisors '51-88, '52-218, '53-777 School loan authorized, and Directors authorized to sell land '54-123 Election of Treasurer '56-224 Pay of Supervisors fixed '59-649 Erection of lock-up '62-202 Polling place fixed '64-888 Roads Act of April 1, '52, repealed '76-208 TRESPASS on orchards, gardens, etc. '61-478 On railroad cars '73-181 UNION SCHOOL DISTRICT erected '52-460 LIST OF SPECIAL ACTS. 477 Schuylkill County — Continued. LNION TOWNSHIP— Polling place fixed '50-26 Township Treasurer abolished '73-627 Supervisors to collect road taxes '73-627 Auditors authorized to levy a tax '69-885 UNSEATED LAND TAX, return of, nunc pro tunc '71-1297 UPPEK MAHANTANGO TOWNSHIP— Polling place fixed '47-428, '61-709 VIEWERS, road and bridge, pay of '60-105 To give notice to township officers '67-148 Duties of '61-163 WASHINGTON TO\VNSHIP— Repair of roads Act of February 20, '61, repealed '62-166 Return of certain unseated lands '69-532 Settlement of bounty accounts '69-312, 732 WAYNE TOWNSHIP— Accountability of public officers '63-536 Election of officers '68-188 Collection of taxes Act of April 13, '69, repealed '87-115, '89-177 WEST BRUNSWICK TOWNSHIP— Polling place fixed '54-173, 357 Public officers Act of February 17, '59, repealed '66-628 WEST PENN TOWNSHIP— Polling place fixed '51-558 Part annexed to Tamaqua Borough '60-525 Accountability of public officers '62-44 Bounty tax authorized '65-188 WEST PINE GROVE SCHOOL DISTRICT erected '50-187 SNYDER COUNTY. Organized from part of Union County, March 2, 1855. P. L. 537. BEAVER TOWNSHIP— Bounty tax authorized '69-797, '70-1285 CENTRE TOWNSHIP— School district enlarged '65-122, repealed '93-40 Bounty tax authorized '68-209 CHAPMAN TOWNSHIP— To prevent spread of Canada thistles, etc. '72-286 DAMAGES— Road '59-283 DOGS— Stray dogs may be shot '69-1149 DRAINAGE of swampy lands '63-293 EVENDALE INDEPENDENT SCHOOL DISTRICT— Election of Assessors '72-273 INDEPENDENT SCHOOL DISTRICT erected '70-255 478 APPENDIX. Snyder Coimty — Continued. JA.CKSON TOWNSHIP— School district enlarged '64-383 Land of R. P. Cornelius annexed to Union County '67-1084 Surplus bounty funds to be paid to schools '68-478 Felling place fixed '60-97, '69-304 LAND— Drainage of '63-293 MIDDLE CREEK TOWNSHIP— Bounty tax authorized '67-1007 MONROE TOWNSHIP— Bounty tax authorized '66-409 Protection of partridges and pheasants '65-432 PENN TOWNSHIP— Bounty tax authorized '66-833 Protection of partridges and pheasants '65-432 PERRY TOWNSHIP— Polling place changed. See West Perry '61-707 ROADS — Assessment of damages '59-283 SWAMPS— Drainage of '63-293 UNION INDEPENDENT SCHOOL DISTRICT erected '61-525 UNION TOWNSHIP— Supervisors to erect a certain bridge '72-108 To prevent the spread of Canada thistles, etc. '72-286 VIEWERS of drains, duties of '63-293 WASHINGTON TOWNSHIP— Bounty tax '65-354, '69-696 To prevent spread of Canada thistles '72-286 WEST PERRY TOWNSHIP— Independent school district erected '70-255 WET LANDS— Drainage of '63-293 SOMERSET COUNTY. Organized from part of Bedford County, April 17, 1795. Ch. 1840. ADDISON TOWNSHIP— Dog tax '53-206 Three Supervisors authorized '73-338 Surplus bounty fund appropriated to schools '66-552 ALLEGHENY TOWNSHIP— Additional Supervisor '72-729 APPEALS from assessments '62-301, '71-665 ASSESSORS' pay fixed at $1.50 per day '69-119 BRIDGE VIEWERS '59-134 BRIDGES — Building and maintenance of '42-462 BROTHER'S VALLEY TOWNSHIP— Election of Supervisors '41-68 CONSTABLES— Election of '27-24 Eligibility to re-election '39-98 DIRECTORS OF THE POOR— Election and duties of '45-466, '49-45 Pay of '68-228 DRAINAGE of lands and mines '68-438 LIST OF SPECIAL ACTS. 479 Somerset Coimty — Continued. ELECTIONS Act of May 6, '54, repealed '58-316 Regulated '60-171 FRUIT— Protection of '53-387 JEFFERSON TOWNSHIP— Erection of new township '60-110 Fishing and hiinting regulated '67-689 JENNER TOWNSHIP— Polling place fixed '58-316, '59-122 Number of Supervisors '59-642, '71-802 LAND — Drainage of '68-438 LARIMER TOWNSHIP— Polling place fixed '54-16 MIDDLE CREEK TOWNSHIP— Polling place fixed '53-59 MILFORD TOWNSHIP— Polling place fixed '44-577 Election of Supervisors '52-115 Sale of school house '54-579 Erection of new township '60-110 NEW CENTREVILLE SCHOOL DISTRICT enlarged '66-634 NEW TOWNSHIP— Erection of '60-110 NORTHAMPTON TOWNSHIP— Polling place fixed '52-201, '53-59 ORCHARDS— Protection of '53-387 PAINT RIDGE Independent School District erected '69-1399 PAINT TOWNSHIP— Additional Supervisor authorized '69-298 PAUPERS— Care of '45-468, 469, '49-45 May be committed by one Justice of the Peace '50-122 POOR HOUSE— Erection of '45-465, '46-5, '49-45 QUEMAHONING TOWNSHIP— Polling place fixed '42-323 ROAD AND BRIDGE VIEWERS— One to be a Surveyor '59-134 ROADS — Opening and maintaining of '35-101, '42-462 SHADE TOWNSHIP— Polling place fixed '42-322, '44-574 SOMERSET TOWNSHIP— Additional Supervisor authorized '51-51 Erection of new township '60-110 STATE ROAD— Location changed '36-715 SUMMIT TOWNSHIP— Polling place fixed '42-50 SUPERVISORS— Pay fixed at $1.50 per day '69-119 (SURVEYORS — Appointment of as road and bridge viewers '59-134 TRESPASS on orchards, etc. '53-387 UPPER TURKEY FOOT TOWNSHIP— Polling place fixed '53-59 VIEWERS — Road and bridge, one to be a surveyor '59-134 WET LANDS— Drainage of '68-438 480 APPENDIX. SULLIVAN COUNTY. Organized from part of Lycoming County, March 15, 1847. P. L. 462. CHERRY TOWNSHIP— Polling place fixed '52-410 Bradford County road laws extended to '66-637 Road Commissioners, powers and duties of '67-170, '89-138 Taxes on unseated lands '67-960 To prevent domestic animals from running at large '71-1119 COLLEY TOWNSHIP— Polling place fixed '50-111 Unseated school tax for the support of the poor '68-937 Accounts to be settled on first Monday in April '73-663 DAVIDSON TOWNSHIP— Boundaries extended '62-258 Elections regulated '63-472 Poor tax on unseated lands '73-240 Boundaries enlarged '62-258 ELKLAND TOWNSHIP— Deer hunting '50-1056 Bradford County road law extended to '66-637 Road Commissioners, powers and duties of '67-170, '89-138 Poor tax on unseated lands '73-240 FORKS TOWNSHIP— Deer hunting '50-1058 Polling place fixed '60-44 Bradford County road laws extended to '66-637 Road Commissioners, powers and duties of '67-170, '89-138 To prevent cattle, etc., from running at large '70-5'64 Poor taxes on unseated lands '73-240 FOX TOWNSHIP— Bradford County road laws extended to '66-637 Road Commissioners, powers and duties of '67-170, '89-138 Polling place fixed '69-131 Poor tax on unseated lands '70-707 HILLSGROVE TOWNSHIP— Accounts of Overseers legalized '66-188 Name of Plunkett's Creek Township changed to '56-346 Bradford County road laws extended to '66-637 Road Commissioners, powers and duties of '67-170, '89-138 Time for Auditors to meet '67-230 Taxes on unseated lands '68-704 Thirty mill road tax authorized '69-1167 Poor taxes on imseated lands '73-240 LAPORTE TOWNSHIP— Polling place fixed '51-425 Elections regulated '63-244 LIST OF SPECIAL ACTS. 48 1 Sullivan Coiinty — Continued. NORTH MOUNTAIN Independent School District erected '64-619 Unseated land tax '69-1197 TATHMASTERS' ACCOUNTS, settlement of '69-1170 PLUNKETT CREEK TOWNSHIP— Polling place fixed '47-428, '54-247, 348 Deer hunting '50-1056 Name changed '56-346 ROADS — Opening of Act of February 14, '67, repealed '89-138 SHREWSBURY TOWNSHIP— Polling place fixed '47-428 Deer hunting '5O-105'6 TOWNSHIP ACCOUNTS— Settlement of '69-1170 TOWNSHIP TREASURER to receive road tax '52-411 UNSEATED LANDS Act of April 19, '54, repealed '55-263 Return and sale of '67-124. '70-282 SUSQUEHANNA COUNTY. Organized from part of Luzerne County, February 21, 1810. Ch. 3337. APALACHIAN TOWNSHIP— Lenox road law extended to '49-646 Election of School Directors '72-91 Road laws amended '72-1079, repealed '95-242 APOLOROUS TOWNSHIP— Election of School Directors '71-1351 ARARAT TOWNSHIP— Polling place fixed '52-46 ASSESSORS need not attend elections '44-220 Pay fixed at $2.00 per day '70-285 AUBURN TOWNSHIP— Roads and Supervisors Act of March 4, '50, repealed '89-177 Lenox law extended to '50-122, '61-386 Protection of pickerel '66-336 Bounty tax authorized '65-287, '66-521 Erection of '70-393 Loan authorized for poor house '71-1089 BRAINTRIM INDEPENDENT SCHOOL DISTRICT erected '69-233 BRIDGES Extending the Act of April 13, '43, '99-47 BRIDGE VIEWERS— Pay fixed '69-835 Appointment of '46-261 BRIDGE WATER TOWNSHIP— Election of Constable Ch. 4811 Lenox Road Law extended to '49-646 Polling place fixed '54-356 Erection of podr house Act of April 4, '64, repealed '91-113 482 APPENDIX. Susquehanna County — Continued. BROOKLYN TOWNSHIP— Lenox road law repealed '58-43 Protection of pickerel '66-336 Bounty tax authorized '67-836 Maintenance of roads and bridges '71-917 Collection of road tax '72-787 CATTLE running at large to be treated as strays. See Fences '63-501 CHOCONUT TOWNSHIP— Election of Constable '34-131 Pathmasters '46-137, '47-200, '51-88 Polling place fixed '52-410 Lenox Road Law extended to '69-211, repealed May 26, '93, 156, 333 CLIFFORD TOWNSHIP— Polling place fixed '56-19 Lenox road law '48-249, '66-214 Bounty tax authorized '66-791 Repairs of roads Act of April 9, '69, repealed '89-83 CONSTABLES— Election of '27-24 Eligibility to re-election '30-117 DIMOCK TOWNSHIP— Lenox Road Law repealed '57-139 Fishing prohibited in Lathrop's Lake '64-132, '69-1106, '70-421 Lenox Road Law extended to '71-973 DIRECTORS OF THE POOR— Election and duties of '59-58 DOG TAX '62-322, '65-128, 330, '72-68 ELECTIONS— Time of holding. See Assessors— Constables '39-598 FENCES to woodland used as pasture '71-1231 FOREST LAKE TOWNSHIP— Election of Overseers '44-18 Cattle, etc., prohibited from running at large '67-997, '68-627 FRANKLIN TOWNSHIP— School Trustees authorized to sell land '43-37'6 Polling place fixed '42-50, 329, '50-10, '51-40 Roads Act of February 14, '63, repealed '66-466 Election of School Directors '71-1351 GIBSON TOWNSHIP— Lenox Road Law repealed '55-43 Polling place fixed '58-184 Bounty tax authorized '65-576 GREAT BEND TOWNSHIP— Polling place fixed '54-151 Election of Supervisors and Overseers '38-596 Pay and duties of pathmaster '59-130 Bounty tax authorized '65-354 Lenox Road Law repealed '91-171 LIST OF SPECIAL ACTS. 483 Susquehanna County — Continued. HARFORD TOWNSHIP— Lenox Road Law repealed '64-176 Election of Overseers of the Poor '64-486 Special tax '67-200 Repairing roads Act of April 3, '72, repealed '73-772 HARMONY TOWNSHIP— Time of holding elections '31-34 HERRICK TOWNSHIP— Settlement of bounty accounts '69-1040 Lenox Road Law Act of March 25, '48, repealed '83-166 JACKSON TOWNSHIP— Polling place fixed '43-49 Bounty tax, exemptions '66-717 JESSUP TOWNSHIP— Bounty tax authorized '65-132 Lenox Road Law repealed '70-425 JUSTICE OF THE PEACE— County divided into districts Ch. 3868 LATHROP TOWNSHIP— Polling place fixed '51-424 Pickerel, protection of '66-698 Maintenance of roads and bridges '71-917 LENOX TOWNSHIP— Polling place fixed '42-264 Labor road tax '47-199 Opening and repairing of roads '54-91, '63-38 Lenox Road Law repealed '67-682 LIBERTY TOWNSHIP— Lenox Road Law repealed '61-368 LYMANVILLE INDEPENDENT SCHOOL DISTRICT erected '70-1319 LYONS SCHOOL DISTRICT Act of May 6, '50, repealed '51-23'8 MIDDLETOWN TOWNSHIP— Election of Supervisors and Overseers '42-213, '67-754, See '01-63 Pathmasters Act of March 18, '46, repealed '47-200 Duties of '51-88 To prevent cattle, etc., from running at large '67-996 MILFORD TOWNSHIP— Erection of poor house. See New Milford '70-394 NEW MILFORD TOWNSHIP— Erection of poor house '70-394 OAKLAND TOWNSHIP— Bounty tax authorized '65-305, '66-645 Erection of poor house '73-717 OVERSEERS OF POOR— Election of '38-596 Pay fixed at $1.50 per day '65-80 Abolished . '59-62 PAUPERS— Care and employment of '59-53 POOR DIRECTORS— See Directors of the Poor. POOR HOUSE— Erection of '59-58 Loan authorized '71-1089 ROAD COMMISSIONERS— Pay fixed at $1.50 per day '67-458 31 484 APPENDIX. Susquelianna County — Continued. ROAD VIEWERS— Pay fixed '69-835 Appointment of '46-261 ROADJS — See Supervisors — Surveyors Act of April 8, '51, repealed '85-168 RUSH TOWNSHIP— Lenox Road Law extended to '48-249, '61-386 Bounty tax authorized '65-248, '66-655 Repairs to roads '65-400 Erection of poor house '70-393 Loan authorized '71-1089 SCHOOL DIRECTORS— Election of '40-651, '41-70 May condemn land '63-122, '72-1068 fcHEEP — Improvement of breed of '24-126 Rimning at large treated as strays. See Fences '24-126, '63-501 Protection of, by dog tax '62-322, '65-123, 330, '72-'68 SILVER LAKE TOWNSHIP divided into sub road districts '52-238 Lenox Road Law repealed '87-167 SPRINGVILLE TOWNSHIP— School district diminished '68-265 Roads Act of April 8, '51, repealed '85-168 STRAYS— Disposition of. See Fences Ch. 3724 When animals to be treated as '63-501 Rams, disposition of '24-126 SUPERVISORS authorized to levy ten mills tax Ch. 4873 Election of '35-46, '38-596 Duties of in relation to the poor '59-58 Pay fixed at $1.50 per day '65-80 SURVEYORS OF ROADS, pay fixed '69-835 SWINE running at large treated as strays. See Fences '65-501 THOMSON TOWNSHIP— Lenox Road Law repealed '69-805 lOWNSHIP AUDITORS— Election and duties of '30-40 Pay fixed at $1.50 per day '67-456 UNSEATED LANDS— Collection of certain taxes on Ch. 4565 VIEWERS of roads and bridges, pay fixed '69-835 Appointment of '46-261 LIST OF SPECIAL ACTS. 485 TIOGA COUNTY. Organized from part of Lycoming County, ^March 26, 1804. Ch. 246'6. ABATEMENT ON TAXES '59-22G ASSESSMENTS— Appeals from. See Taxes Ch. 5143, '47-93 ASSESSORS not required to attend elections '44-220 tsij fixed at $1.50 per day '65-622 BLOSS TOWNSHIP a separate election district '42-44 Election of township officers '43-372 Sale of liquor regulated '54-512 Polling place fixed '49-555, '54-652 Return of certain unseated lands legalized '70-108 BOARD OF REVISION OF TAXES, oath of '47-93 BRIDGES— Repairs of '44-200 County, duties of Road Commissioners '46-203, '51-245 BROOKFIELD TOWNSHIP— Polling place fixed '42-333 CHARLESTON TOWNSHIP— Sale of liquor regulated '54-512 Bounty tax authorized '66-237 Hunting deer with dogs prohibited '66-887 CHATHAM TOWNSHIP— Bounty tax authorized '65-558 CLYMER TOWNSHIP— Middletown changed to '52-180 COUNTY BRIDGES— Duties of Road Commissioners '46-203, '51-245 COVINGTON TOWNSHIP— Bounty tax authorized '65-280 DAMAGES— Road '46-202 DEERFIELD TOWNSHIP— Polling place fixed '51-425, '54-49 DELMAR TOWNSHIP— Sale of liquor regulated '54-512 DIRECTORS OF THE POOR— Elections, duties and powers of '50-753 ELECTIONS legalized. See Assessors '40-717 Time of holding '40-44, '53-529, '65-66 ELK TOWNSHIP— Levy and collection of taxes '56-493 To prevent hunting deer with dogs '60-217 ELKLAND TOWNSHIP— Polling place fixed '44-576, '54-193 FARMING-TON TOWNSHIP— Polling place fixed '51-43 Bounty tax authorized '67-452 FENCES— Penalty for breaking down '55-234 FRUIT— Protection of '55-55, 234 GAINES TOWNSHIP— Polling place fixed '52-40 Hunting deer with dogs prohibited '58-131 GARDENS— Protection of '55-55, 234 486 APPENDIX. Tioga County — Continued. JACKSON TOWNSHIP— Polling place fixed '44-577, '52-179 Bounty tax authorized '65-280, 558, '66-205 Levy of certain taxes legalized '68-182 JUSTICE OF THE PEACE— County divided into districts Ch. 3868 LABOR ROAD TAX '65-622, '67-665 LAWRENCE TOWNSHIP— Election of Supervisors '42-199 Sale of liquors regulated '54-512 MIDDLETOWN TOWNSHIP— Polling place fixed '51-148 Name changed to Clymer Township '52-180 MORRIS TOWNSHIP— Polling place fixed ' '52-123 Hunting deer with dogs prohibited '59-34'6 Repairs to roads '63-37 Loan authorized '72-665 A certain road a public highway '72-673 NELSON TOWNSHIP— Polling place fixed '57-7 Erection of '58-346 ORCHARDS— Protection of '55-55, 234 OSCEOLA TOWNSHIP— Polling place fixed '57-7 OVERSEERS OF THE POOR^Settlement of accounts '30-190 PATHMASTERS— Appointment of '44-200 PAUPER^^ — Care and employment of '50-753 POOR DISTRICTS to comprise County '73-283 POOR HOUSE— Erection of '50-753, '66-160, '67-575, '73-283 Election for or against '60-624 POOR TAXES— Levy and collection of '73-283 PRIVATE ROADS— Court may open '46-417 RICHMOND TOWNSHIP— Election of Supervisors '42-199 Polling place fixed '52-33 ROAD COMMISSIONERS— Election, powers and duties of. See Pathmasters '44-200, '46-199, '51-245, '60-553 Duties in relation to County bridges '46-203, '51-245 May turn streams into original channels '65-784 ROAD DAMAGES '46-202 ROAD FUNDS— Disbursement of '61-497 ROAD LAWS— Revision of '55-240, '61-5, 497 ROAD TAX— Levy and collection of '44-200, '45-199, '55-240 Supervisors may levy ten mills Ch. 4873, '55-240 Payment of '59-477 On unseated lands '44-200, '59-636 Labor '65-622 One day's work the minimum '67-665 LIST OF SPECIAL ACTS. 487 Tioga Cotinty — Continued. ROAD VIEWERS, Surveyors, pay of '52-341 Duties of '45-199, '46-202, '55-240 ROADS — Opening and repairs of. See Supervisors '46-201, '51-334, '52-531, '55-240 Private, court may open '46-417. Act of April 2, '60, repealed '61-5 Appointment of Pathmasters '44-200 Wages for labor on '65-622 RUTLAND TOWNSHIP— Bounty tax authorized '65-197, '66-430 SEATED LANDS — Sale of, for non-payment of taxes '69-1037, '72-1163 SHEEP— To improve the breed of Ch. 4138 SHIPPEN TOWNSHIP— Polling place fixed '52-233 Hunting deer with dogs prohibited '58-131 SULLIVAN TOWNSHIP— Bounty tax authorized '65-280, '66-480 SUPERVISORS authorized to levy ten mills tax Ch. 4873, '55-240 To remove obstructions in navigable streams '23-102 Election, powers and duties of '35-46, '40-740, '52-253, '55-240, '61-5 Pay fixed at $1.50 per day '57-496 May appoint tax collectors '64-180 To turn streams to original channels '65-784 SURVEYORS acting as road viewers, pay of '52-341 SWINE prohibited from running at large. See Fences '53-550 TAX COLLECTORS— Appointment of '64-180 TAXES — Board of Revision of. See Assessments — Poor Taxes — Road Taxes '47-93 On unseated lands, collection of '47-253 Township— Assessment of '46-199, '52-622, '64-180 Road, assessment and collection of '44-200, '45-199, '55-240 Abatements on '59-226 TIOGA TOWNSHIP— Election of Supervisors '42-199 Justice of the Peace may have office in Borough '73-629 TOWNSHIP AUDITORS— Pay, election and duties of '30-190 TOWNSHIP TAXES— Assessment and collection of '46-199, '52-622, '64-180 TREASURER.— See County Treasurer. TRESPASS on orchards and gardens '55-55, 234 UNION TOWNSHIP— Polling place fixed '50-415 488 APPENDIX. Tioga County — Continued. UNSEATED LANDS— Appeals from assessment of. See Seated Lands Ch. 5143 Collection of taxes on '47-253 Koad taxes on '44-200, '59-636 Return of certain, validated '62-7 VIEWERS— nSee Road Viewers. WARD TOWNSHIP— Polling place fixed '52-320 WESTFIELD TOWNSHIP— Bounty tax authorized '66-720 UNION COUNTY. Organized from part of Northumberland County, March 22, 1813. Ch. 3708. APPEALS from awards of Road Viewers See Viewers '73-288 ASSESSMENT of taxes '29-16 BEAVER TOWNSHIP— Election of Supervisors. See West Beaver '40-53 Separate election district '44-76 BRADY TOWNSHIP— Gregg Township changed to '61-335, '65-518 CENTREVILLE TOWNSHIP— Polling place fixed '54-272 CHAPMAN TOWNSHIP— Polling place fixed '52-497 CONSTABLES— Election of '27-24 DRAINAGE of swampy lands '63-293 EAST BUFFALO TOWNSHIP— School Directors authorized to sell land '41-80 FRANKLIN TOWNSHIP— Polling place fixed '54-107 FRUIT- Protection of '53-387, '61-478 GARDENS— Protection of '53-387, '61-478 GREGG TOWNSHIP— Name changed to Brady Township '61-335, '65-518 Pay of township officers fixed '67-864, '68-580, '71-1094, see '95-296 Hunting deer with dogs prohibited '69-1149, '76-207 HARTLEY TOWNSHIP— Separate school districts '39-604, '40-344 Road petitions '62-195 Bounty tax authorized '68-977, '69-822 JACKSON TOWNSHIP— Polling place fixed '54-169 Annexed to Union and Limestone Townships '58-66 JUSTICE OF THE PEACE— County divided into districts Ch. 3863 Duties of, in criminal cases '61-682, '62-274, '68-859 Monthly courts abolished '62-27* LIST OF SPECIAL ACTS. 489 trnion County — Continued. KELLY TOWNSHIP— Additional school tax authorized '67-1167 Cattle, etc., running at large '65-028, '66-1114, '67-1224 LAND— Drainage of '63-293 Judicial sale of '53-520 LEWIS TOWNSHIP— Road Views '62-195 Bounty tax authorized '68-145 LIMESTONE TOWNSHIP— Election of officers '49-134 Boundaries enlarged '58-66 MIDDLE CREEK TOWNSHIP— Polling place fixed '44-15 ORCHARDS AND PARKS, protection of '53-387, '61-473 PENN'S TOWNSHIP— Polling place fixed '54-49, 169 POOR HOUSE— Erection of '49-348 ROAD VIEWERS— Duties of '58-114 ROAD VIEWS— Either party may appeal from award '73-288 ROADS— Construction and repair of '46-231 SHEEP— To improve the breed of Ch. 3779 SWAMPS— Drainage of '63-293 TAXES— Assessment and collection of '29-16, '87-123 TRESPASS on orchards, gardens, etc. '53-387, '61-478 On railroad cars '73-181 UNION SCHOOL DISTRICT erected '61-525 UNION TOWNSHIP— Polling place fixed '59-623 Boundaries enlarged '58-'66 Swine prohibited from running at large '70-844 UNSEATED LANDS— Sale of '71-1375, '72-824 VIEWERS of road, duties of '58-114 Appeals from awards of '73-288 Of drains for wet lands, duties of '63-293 WEST BEAVER TOWNSHIP— Polling place fixed '44-79, '53-182 WEST BUFFALO TOWNSHIP— Road petitions '62-195 WET LANDS— Drainage of '63-293 WHITE DEER TOWNSHIP— Election of Supervisors validated '49-507 Hunting deer with dogs prohibited '69-1149 490 APPENDIX. VENANGO COUNTY. Organized from parts of Allegheny and Lycoming Counties, March 12, 1800. Ch. 2119. ALLEGHENY TOWNSHIP— Polling place fixed '63-489 ASSESSMENTS— Appeals from '31-278 ASSESSORS' pay fixed '65-773, '71-12 To furnish copy to Road Commissioners '44-232 BREEDTOWN SCHOOL DISTRICT enlarged '71-1185 BRIDGES— See Road Act of April 9, '44, construed '45-80 Act of April 9, '70, repealed and former acts revived '71-423 CANAL TOWNSHIP— Polling place fixed '51-156 Cattle, etc., running at large Act of April 10, '69, repealed '70-838 CATTLE— Treated as strays Ch. 4680, '59-79 Damages to, by railroads '69-1125 CHERRYTREE TOWNSHIP— School district enlarged '67-1205, '70-947 Additional Justice of the Peace authorized '69-307 Breedtown School District enlarged '71-1185 CLINTON TOWNSHIP— Unseated lands, sale of, for poor taxes '69-1036 CONSTABLES to give sureties Ch. 3563 Duties of, in relation to collection of taxes '44-231, '51-317, '71-750 County Commissioners to fill vacancies '73-174 CORNPLANTER TOWNSHIP— Polling places '34-480, '63-489 Bridge over Oil Creek '63-600 John Rynd, et al. authorized to erect bridge over Oil Creek '70-1407 Additional Justice of the Peace and Constable '65-785 Toll bridge over Oil Creek authorized '72-1315 CRANBERRY TOWNSHIP— Polling place fixed '36-438 Election of Supervisors '42-304 DAMAGES, Road Act of April 9, '54, construed '58-405 DOGS— Registry of '68-440 FARMINGTON TOWNSHIP— Polling place fixed '29-339 FRUIT— Protection of '55-55 IRWIN TOWNSHIP— Polling place fixed '48-368, '57-24 JUSTICE OF THE PEACE— Road damages, trial of '44-232, '58-405 Strays, duties of, in relation to Ch. 4680 OAKLAND TOWNSHIP— Polling place fixed '42-44 OIL CREEK ROAD— Repairs of '43-262 OIL CREEK TOWNSHIP— Levy of road tax regulated '73-282 ORCHARDS— Protection of '55-55 LIST OF SPECIAL ACTS. 491 Venango County — Continued. OVERSEERS OF THE POOR— See Road Commissioners. PAINT TOWNSHIP— Polling place fixed '36-439 PAUPERS— Care and employment of '70-1147 PINE GROVE SCHOOL DISTRICT erected '42-450 PINE GROVE TO W?^SHIP— Polling place fixed '34-476, '57-377 PLUM TOWNSHIP— School district diminished '67-1205 To prevent cattle, etc., from running at large '69-550, 832 Twenty mills road tax authorized '69-1043 POOR HOUSE— Erection of '70-1147 Appointment of steward '70-1147 POOR TAXES— Sale of land for '70-767, '73-298 PRESIDENT TOWNSHIP— Erection of '50-341 REGISTRATION OF DOGS '68-440 ROAD DAMAGES '44-232, '58-405 ROAD COJNIMISSIONERS to act as Overseers of the Poor '44-233 Pay fixed by Auditors '44-232, '73-746 To place delinquent taxes in hands of Constable '44-231 Election and duties of '44-230 To have copy of assessments '44-232 To return unseated lands '46-204 Ten mill tax authorized '46-204 Acts previous to April 9j '70 revived '71-423 Authorized to pay boimties to volunteers '64-983 ROAD PIASTERS to settle in November '44-232 Election and duties of '44-231 ROAD TAXES— Labor-Collection of '30-25 Exoneration of '49-102 ROAD VIEWERS — Court to appoint— One a surveyor '31-476, '60-25 Pay fixed at $3.00 per day '73-746 ROADS AND BRIDGES— Damages tried by Justice of the Peace '44-231 Act of April 9, '54, construed '58-405 Laying out '59-239 Laying out Act of April 9, '70, repealed and former acts re- vived '71-423 ROCKLAND TOWNSHIP— Polling place fixed '54-151 Ferry at McMillen Farm '70-193 Road Masters, appointment of '72-666 SANDY CREEK TOWNSHIP— Sale of land for poor taxes '70-199 SCHOOL DIRECTORS— Damages for erecting school houses '52-715 May pay bounties to volunteers '64-983 492 APPENDIX. Venango Covmty — Continued. JSUKUBGRASS TOWNSHIP— Polling place fixed '57-24 Ferry at Russel's farm '72-189 SEATED LANDS— Sale of for taxes '68-1158 SHEEP— To improve the breed of Ch. 3867 Damages to by railroads '69-1125 SUGAR CREEK TOWNSHIP— Polling place fixed '48-60, '50-29 lerry established '71-1026 SUPERVISORS to collect half of road tax by September '30-25 Election of '35-46 To levy a tax to pay bounties '71-1306 SWINE— Damages to, by railroads '69-1125 TAXES, labor road, half to be worked out before September. See Assessments '30-25, '49-102 Expenses of collection '44-231, '51-317, '68-1158, '71-750, '73-174 '85-204. For arming the State '63-87 Collection of '71-750, see '99-64 Poor, sale of lands for '70-767, '72-298 On what property to be levied '72-298 Penalty for non-payment '73-174 TAX COLLECTORS— Appointment of '51-317 Compensation of '65-773 TOWN CLERKS— Court may appoint to fill vacancies Ch. 4680 TOWNSHIP AUDITORS— Appeal from '30-25 To fix pay of road commissioners '44-232, '73-746 Election and duties of '30-25, '31-476, '71-1306 TOWNSHIPS to keep State roads in repair Ch. 5227 Debts adjusted on division of township '31-476 May pay bounties to volunteers '64-983 TRESPASS on orchards, etc. '55-55 UNSEATED LANDS— Appeal from assessment of '31-278 Return of taxes on '44-232, '46-204, '49-102 Advertisement and sale of '49-102 Redemption of after sale '68-1158 Sale of '68-1158, '70-199, 767, '72-298 VIEWERS OF ROADS— Pay of '31-476, '73-746 Appointment of '31-476, '60-25 LIST OF SPECIAL ACTS. 493 WARREN COUNTY. Organized from part of Allegheny County, March 12, 1800. Ch. 2119. APPEALS from assessments '31-278 From township auditors '30-41 ASSESSORS to make copy for Road Commissioners '44-232 Pay fixed at $1.50 per day '66-141 To keep a copy of assessment '68-561 BRIDGES over Allegheny River to be lighted. See Roads '60-378 BROKENSTRAW TOWNSHIP— Polling place fixed '48-367, '50-28 To prevent cattle, etc., from running at large '71-600 To prevent spread of white daisies '72-858 Irvine Bridge Act of February 24, '47, repealed '79-167 BULLS AND BUCKS running at large declared strays '55-316 CATTLE— Strays, empounding of Ch. 4680, '55-316 Damage to, by railroad '69-1125 CATTLE GUARDS to be constructed by railroad company '68-514 CHERRY GROVE TOWNSHIP— Polling place fixed '48-336 Location of a certain road changed '49-369 COLLTMBUS TOWNSHIP— School taxes on sub-districts '51-140, 6ti8 Polling place fixed '54-194 Bounty tax legalized '66-479 Additional road tax authorized '67-638 To prevent cattle, etc., from running at large '70-433 CONEWANGO TOWNSHIP— Polling place fixed '34-480 To prevent cattle, etc., from running at large '71-598 CONSTABLES, to give official bond Ch. 3563 Election of '27-24, '44-409 To collect road taxes '44-231 May serve process for township auditors '57-163 CORYDON TOWNSHIP— Acts of certain officers legalized '46-484 Road taxes Act of April 18, '53, repealed '57-177 Drainage of swamps '69-401 DAISIES— To prevent the spread of '72-858 DAM-4GES, Road, trial of '44-232 DEERFIELD TOWNSHIP— Polling place fixed '34-354 School tax in sub-districts '51-568 Erection of '61-638 Road tax '67-856 494 APPENDIX. Warren Coiinty — Continued. DOG TAX '64-154, '69-1125, '70-293 Appropriated to school purposes Act of March 1, 70, repealed '91-110 DKAINAGE of swamp lands '71-987 ELDRED TOWNSHIP— Polling place fixed '53-427 Levy and collection of road tax '66-'663 Twenty-five mills school tax authorized '73-257 ELECTIONS Act of April 9, '49, repealed '52-39 Time of holding '69-296, '72-656 ELK TOWNSHIP— Polling place fixed '31-487 Twenty mills road tax authorized '46-204 Bounty tax authorized '64-1025 Levy of road tax '52-206 FARMINGTON TOWN toHIP— Polling place fixed '54-47 Bounty tax authorized '66-47 To prevent cattle, etc., from running at large '68-443, '70-433 School and town house, erection of '71-597 FENCES — Railroad companies required to maintain '68-514, '69-1125 FREEHOLD TOWNSHIP— Polling place fixed '34-476 Levy of school taxes '54-172 Cattle, etc., prohibited running at large '68-443, '69-550 Bounty tax authorized '66-'691 Additional tax — soldiers exempted '67-385 FRUIT— Protection of '55-55 GARDENS— Protection of '55-55 GLADE TOWNSHIP— Ferry over Allegheny River '59-260, '70-1376 To prevent cattle, etc., from running at large '73-460 Construction of sidewalks '73-584 JUSTICE OF THE PEACE— Acts confirmed Ch. 3113 GREENE TOWNSHIP— Erection of— Polling place fixed '44-14 County to be districted Ch. 3868 Duties of in relation to strays Ch. 4630 Jurisdiction of road damages '44-232 Dockets of '49-262 In case jury disagrees '69-362 Jurisdiction enlarged '67-354, '73-190 Appeals from judgment of '72-190 KINZUA TOWNSHIP— Twenty mills road tax authorized '48-337 Polling place fixed '53-386 Levy and collection of road taxes '66-663 Ferry across Allegheny River '68-1225 Drainage of swamps '69-401 LIST OF SPECIAL ACTS. 495 Warren County — Continued. LAND— Drainage of '71-987 LIMESTONE TOWNSHIP— Polling place fixed '36 438 Koad tax authorized '68-996 MEAD TOWNSHIP— Polling place fixed '48-5 Location of State road changed '49-396 Twenty mills road tax authorized '48-337 OKCHARDS— Protection of '55-55 OVERSEERS OF THE POOR— Road Commissioners to act as '44-233, '68-535 PINE GROVE TOWNSHIP— School tax on sub-districts '51-140, 568 Additional Justice of the Peace to be elected '44-16 Bounty tax legalized '66-518 To prevent cattle, etc., from running at large '73-185 PiTTSFIELD TOWNSHIP— Polling place fixed '48-5 Growing of white daisies '72-858 To prevent cattle from running at large '73-185 PLEASANT TOWNSHIP— Road tax Act of January 22, '50, repealed '62-316 Hunting deer with dogs prohibited '66-564, '68-1058 POLLING PLACES— Courts authorized to change '44-19 POOR HOUSE— Erection of '64-438 Poor Act of March 1, '68, repealed '89-155 ROAD COMMISSIONERS— Election and duties of. See Supervisors '44-230, see Act '97-105 Assessors to furnish copy of assessment to '44-232 Pay fixed by Auditors '44-232 To keep State roads in repair Ch. 5227 To perform duties of Overseers of Poor '44-233, '68-535 To report to Court '48-163, see '97-105 Ten mill tax authorized — To return tmseated lands '44-232, '46-204 ROAD DAMAGES to be tried by two Justices of the Peace '44-232 ROAD MASTERS to settle in November '44-232 Election and duties of '44-231 Act of April 13, '43, repealed '44-8'6 ROAD TAX — Constable to collect delinquent. See Supervisors '44-231 Collection of '30-41, '48-164, '69-879 Additional, authorized '44-231, '47-163 Assessment and collection of '69-379 On unseated lands '65-652 ROAD VIEWERS— Appointment and pay of '31-476 One to be a surveyor '31-476 496 APPENDIX. Warren County — Continued. KOADS AND BRIDGES— Act of April 9, '44, defined '45-80, repealed '97-105 Opening or vacating to be reported to Court '48-163 SCHOOL DIRECTORS to condemn land for school houses '62-48 Levy of tax '51-561 To levy a tax on dogs '70-294, '91-110 SHEEP— Protection of '64-154 Damages to, how paid '64-154, '69-1125, '70-293 SHEFFIELD TOWNSHIP— Polling place fixed '42-322 Fifteen mills additional road tax authorized '60-164 Bounty tax authorized '67-450 SOUTH WEST TOWNSHIP— Polling place fixed '50-113 Erection of town house '50-546, 702 Additional tax '61-653 School tax on sub-districts '50-546, 702 Additional road tax authorized '62-215 Road tax authorized '67-656 Twelve mills school tax authorized '71-656 SPRING CREEK TOWNSHIP— Additional road tax '69-122 Loan authorized '73-771 To prevent cattle, etc., from running at large '70-580 STALLIONS running at large declared strays '55-316 STRAYS— To regulate the taking of Ch. 4680 Stallions, bulls, bucks, rams and swine running at large '55-316 SUGAR GROVE TOWNSHIP— Polling place fixed '48-211 School tax on sub-districts '51-140, 568 Election of Tax Collector '66-631 Road Tax Act of February 17, '65, repealed '67-447 To prevent cattle, etc., from running at large '69-550 Town house Act of March 25, '73 repealed '70-295 SUPERVISORS to collect one-half of tax before September '30-41 Act of Maroh 1, '68, repealed '89-155 Election of '35-46 SWAMPS — Drainage of '71-987 SWINE running at large declared strays '55-316 Damages to, by railroads '69-1125 TAX ON DOGS— See Assessors — School Directors — Road Tax '64-154, '70-293, '91-110 Collection of, on unseated lands '68-561 Sale of land for authorized '67-214, '70-282, see '95-232 TOWN CLERK— When Court to appoint Ch. 4680 LIST OF SPECIAL ACTS. 497 Warren CovLutj— Continued. TOWNSHIP AUDITORS— Appeals from '30-41 Election and duties of '30-41, '31-476 May direct process to constable '57-163 TOWNSHIPS to keep State roads in repair Ch. 5227 Adjustments of debts in case of division of '31-476 TREASURERS' SALES of unseated lands '67-214, '70-2G2, 282 UNSEATED LANDS— Road Commissioners to return '44-232, '46-204 Appeals from assessments of '31-278 Sale and redemption of '67-214, '70-262, 282 Collection of taxes on '65-652, '68-561, '69-564, '70-262 WET LANDS— Drainage of '71-987 WASHINGTON COUNTY. Organized from part of Westmoreland County, March 28, 1781, Ch. 920. ALLEN TOWNSHIP— Polling place fixed '53-8, '57-4 AMWELL TOWNSHIP— Six Supervisors authorized '65-481 Uwchlan Township road law extended to '69-704 APPEALS from assessments '45-133, '61-562 ASSESSORS— Pay fixed at $2.00 per day '66-220 BRIDGES — Erection and maintenance of. See Road and Bridge Viewers '50-616, '59-309 BUFFALO TOWNSHIP— Repair of bridges '63-292 Roads Act of February 18, '70, repealed, '78-31 CANADA THISTLES— To prevent the spread of '61-421 CANOE TOWNSHIP— Polling place fixed '49-481 CANTON TOWNSHIP— Justices of the Peace may reside in Washington Borough '70-294 Election of Supervisors '61-56 Uwchlan Township road law extended to '72-665 Lredit to tax payers for macadamizing Washington and West Middleton road '62-30 CARROLL TOWNSHIP— Election of Constables and Assessor '35-56, '43-377 Separate election district '44-78 Supervisors to give bonds '47-258 Polling place fixed '42-53, 452, '49-558 Bounty tax Act of March 24, '68, repealed '69-798 498 APPENDIX. Washington County — Continued. Auditor's report, publication of '69-1069 Sale of liquors prohibited '72-299, repealed '03-334, Donora Borough excepted '01-149 Koads Act of March 24, '71, repealed '76-190 CECIL TOWNSHIP— Separate election district '44-79 School district enlarged '63-284 Hunters must have consent of land owners '72-686 Roads Act of March 14, '67, repealed '76-191 CHARTIERS TOWNSHIP-^chool district enlarged '63-253 Diminished '58-117 CROSS CREEK TOWNSHIP— Election of Supervisors '59-201 School district enlarged '67-207 Hunters must have permission of land owners '72-68'6 DELINQUENT TAXES— Penalties on '57-163 DIRECTORS OF THE POOR— Election and duties of '30-257 Pay fixed '48-442 DOG TAX Ch. 3718, '26-132, '34-12 DOGS— Relating to '72-103 DONEGAL TOWNSHIP— Election of Constable '23-70 EAST BETHLEHEM TOWNSHIP— Polling place fixed '42-265 Repair of roads '65-336, '66-838 Collection of delinquent taxes '72-67 Roads. Acts of February 19, '70, and March 24, '71, and March 16, '72, repealed '78-31. EAST FINLEY— Cash road tax '29-321 EAST PIKE RUN TOWNSHIP— Election of Constable '38-604 Bounty tax authorized '65-248 Uwchlan Township road law extended to '65-336, '68-558 Collection of delinquent road tax '72-67 ELECTION regulated '61-474, '67-879 FALLOWFIELD TOWNSHIP— Additional tax authorized '42-126 New school district '47-287 Polling place fixed '50-89 Uwchlan Township road law extended to '67-340, 1069 Bounty tax authorized '68-1026 Roads Act of March 24, '71, repealed '77-76 FENCES— Legal height of Ch. 2981 Act of March 27, 1784, repealed. Ch. 2981, '62-496. Act of March 28, '08, repealed '91-108. FINES— Collection of " '36-231 Certain, to be paid to County Treasurer for Poor Fund '36-231 LIST OF SPECIAL ACTS. 499 ■Washington County — Continued. FRANKLIN TOWNSHIP— Four Supervisors authorized '65-481 FRUiT— Protection of '55-55, 169, '60-362 GARDENS— Protection of '55-55, 169, '60-362 HANOVER TOWNSHIP— Roads repaired by lowest bidder '41-202 School district enlarged '57-62 Additional Supervisor authorized '58-89 Uwchlan Township road law extended to '68-1119 Supervisors to repair State road '69-279 Hunters must have consent of land owners '72-G86 HOPEWELL TOWNSHIP— Polling place fixed '52-54 Poor, how supported '23-124 Election of Supervisors '46-421, '48-477, '61-56 Bounty tax authorized '64-511 Roads Act of March 24, '71, repealed '76-190 INDEPENDENCE TOWNSHIP— ^ix Supervisors authorized '65-141 Qualifications of School Directors '66-642 Chester County road law repealed '87-179 JEFFERSON TOWNSHIP— Polling place fixed '54-152 Six Supervisors authorized '64-486 Hunters to have consent of land owners '72-686 Roads Act of February 19, '70, repealed '78-31 JUSTICE OF THE PEACE— When office declared vacant '64-873 MONONGAHELA TOWNSHIP— Polling place fixed '52-334 MORRIS TOWNSHIP— Polling place fixed '51-830 Roads Act of March 24, '71, repealed '83-78 MOUNT PLEASANT TOWNSHIP— Hunters to get consent of land owners '72-686 MURDOCKVILLE Independent School District '68-282 NORTH STRABANE TOWNSHIP— Polling place fixed '50-331 Repair of roads '66-643 Election of Supervisors '66-823 NOTTINGHAM TOWNSHIP— Election of Constables Ch. 4844, '35-57 New school district '47-287 Location of school house '52-706 NOXIOUS WEEDS— To prevent the spread of '61-421 ORCHARDS— Protection of '55-55, 169, '60-362 OVERSEERS OF POOR abolished '30-261 PAUPERS— Care and employment of '30-256, '36-231, '55-3S0 Fees for removal of '44-92 PENALTIES on delinquent taxes '57-163 32 500 APPENDIX. Washington County — Continued, PETERS TOWNSHIP— Uwchlan road law extended to '67-340, repealed '97-80 Publication of Auditors' reports '69-1089 School district enlarged '63-253 POOR FUND— Certain fines payable to '36-231 POOR HOUSE— Erection of '30-256 ROAD VIEWS AND DAMAGES '43-177, '45-25, '57-3 ROAD TAXES — Collection of delinquent. See Supervisors '72-67 ROADS— Opening and maintenance of '43-177, '45-25, '50-'616, '53-717, '54-87, '56-501, '57-3, 208, '59-309 ROBINSON TOWNSHIP— Bounty tax authorized '65-746, '66-936 Road laws amended '70-1065 Hunters to have consent of land owners '72-G86 SCHOOL DISTRICTS '44-428 SHEEP— To improve the breed of. See Dog Tax Ch. 3779 SMITH TOWNSHIP— Election of Constable '26-59, '29-230 Kerr's School House Act of March 6, '49, repealed '50-155 Relating to roads '72-545 Hunters to have consent of land owners '72-'686 SOMERSET TOWNSHIP— New school district '47-287 Uwchlan Township road law extended to '69-291 SOUTH STRABANE TOWNSHIP— Four Supervisors authorized '67-434 SUPERVISORS to perform duties of Overseers. See Roads '30-262 To give official bond '55-483 Pay fixed at $2.00 per day '70-354 SURVEYORS OF ROAD— Pay fixed '53-751 SWINE running at large Ch. 2981, '36-308 TAXES — Collection of '50-979, '55-528, '57-163, '61-446, 562, '63-446, '85-204, see '95-33 Act of April 7, '49, repealed '91-110 THISTLES— To prevent the spread of '61-421 TOWNSHIP AUDITORS— Pay fixed '70-354 TOWNSHIPS— Court may change names of '35-291 TRESPASS by cattle, etc., how adjusted Ch. 2981 On orchards, gardens, etc., penalty for '55-55, 169, '60-362 UNION TOWNSHIP— Minimum school tax '42-423 Repair of roads '66-643 Election of Supervisors '66-823 UNSEATED LANDS— Sale of '69-769 LIST OF SPECIAL ACTS. $01 Washington County — Continued. VIEWS — Road and bridge, to be published. See Road Views *45-25, '59-309 WEEDS— Noxious, to prevent the spread of '61-421 WEST FINLEY TOWNSHIP— Cash road tax '29-321 Additional tax authorized '43-387 Roads Act of March 30, '72, repealed '78-31 WEST PIKE RUN TOWNSHIP— Polling place fixed '49-115 Uwchlan Township road law extended to '67-340 WAYNE COUNTY. Organized from part of Northampton County, March 21, 1798, Ch. 1975. ASSESSMENTS of unseated lands, appeals from '32-153, '72-65 ASSESSORS not required to attend elections '47-220 BERLIN TOWNSHIP— Polling place fixed '49-557 Certain acts of Supervisors validated '64-847 To prevent cattle, etc., from running at large '73-171 BRIDGES Act of March 24, '46, repealed '50-42 When county to rebuild '70-498 BUCKINGHAM TOWNSHIP— Time of holding elections '35-17 Lenox road law extended to '60-94, '64-387 Powers and duties of Supervisors and Pathmasters '72-752 CANAAN TOWNSHIP — Election of Supervisors and Overseers. See South Canaan '44-33 Land annexed to '47-150 Lenox road law repealed '74-404 CHERRY RIDGE TOWNSHIP— Polling place fixed '45-49 Election of Supervisors and Overseers '69-392 CLINTON TOWNSHIP— Separate school district '41-169 Land annexed to Canaan Township '47-450 Part of Lenox road law extended to '51-445 Polling place fixed '54-47 Election of Supervisors '51-445, '57-369 DAMASCUS TOWNSHIP— Polling place fixed '42-463, '44-13 Minimum work road tax '72-419 Pay of Auditors '72-869 Relating to roads '68-230, '72-1092 Powers and duties of Supervisors — Pay for road work '73-191 Change of channel of river '87-426 502 APPENDIX. Wayne County — Continued. DELINQUENT TAXES— Sale of land for. See Unseated Land '61-594 DIRECTORS OF THE POOR— Election, powers and duties of '50-564 DOGS— Tax on '52-384, '79-168 Hunting deer with, prohibited '61-643 Act of April 10, '73, repealed '79-168 DYBERRY TOWNSHIP— Polling place fixed '51-294, '53-39 Bounty tax authorized '65-696 School district diminished '67-1278 To prevent cattle, etc., from running at large '71-1042 Roads Act of March 5, '52, repealed '72-897 Act of April 10, '73, repealed '87-174 ELECTIONS regulated '39-598, '44-220, '57-167, '59-116 INDEPENDENT SCHOOL DISTRICT— Courts to regulate elections in '57-275 MANCHESTER TOWNSHIP— Polling place fixed '52-37 Lenox Road Law extended to '60-94, '64-387 Collections of road taxes '70-135 MOUNT PLEASANT TOWNSHIP— Supervisors and Overseers '45-152 Polling place fixed '48-461, '50-39 School district enlarged '46-95 Part of Lenox Road Law extended to '51-445 Two Supervisors authorized '51-445, '57-369 MOUNT REPUBLIC Independent School District erected '52-704 NORTH EAST School District '46-95 OREGON TOWNSHIP— Polling place fixed '48-56 To prevent cattle, etc., from running at large '72-128 PALMYRA TOWNSHIP— Polling place fixed '42-322, '51-294 Additional Constable '45-50 Election of Overseers of the Poor '54-173, 346 PAUPACK TOWNSHIP— Polling place fixed '51-156 Election of Overseers of the Poor '54-173 Twenty mill road tax authorized '68-364 PLANK ROADS— Repairs of '58-357 POOR HOUSE— Erection of '50-564 PRESTON TOWNSHIP— Election of Supervisors and Overseers of Poor '51-42 Polling place fixed '54-172 Lenox Road Law extended to '57-255 Overseers of the Poor, all special acts repealed '58-186 Maintenance of roads '58-186 ROAD TAX— Labor, two-thirds to be worked before August 1 '28-331 LIST OF SPECIAL ACTS. 503 "Wayne County — Continued. ROAD VIEWS— Expense to be paid by petitioners '62-93 ROADS — Construction and repairs of. See Plank Roads '46-231 SALEM TOWNSHIP— Two Supervisors authorized '50-413 Lenox Road Law extended to '59-41 Fifteen mills road tax authorized '66-561 Roads. Acts of February 12, '59, and April 10, '73, repealed '72-896, '78-31. SCOTT TOWNSHIP— Polling place fixed '47-423 Additional road tax authorized '60-97 SHEEP— Protection of Act of April 10, '73, repealed '79-168 Dog tax to pay damages to '52-384 SOUTH CANAAN TOWNSHIP— Polling place fixed '53-10 Collection of road taxes — pay of Supervisors '69-840 Lenox Road Law Act of March 4, '50, repealed '74-404 SOUTHWEST TOWNSHIP— Polling place fixed '50-87 STARLING TOWNSHIP— Supervisors and Overseers '52-134 Collection of road taxes — pay of Supervisors '69-840 STRAYS— Empoiinding and sale of Ch. 2865 SUPERVISORS— Election of '35-46, '44-33 I'AXES — See Assessments — Road Tax — Delinquent. TEXAS TOWNSHIP— Time for electing officers '38-612 Polling place fixed '61-585 Board of Health '62-45 Erection of Poor House '62-80, '63-225 School tax and building tax '66-291 Repairing roads Act of February 27, '63, repealed '64-551 TOWNSHIP AUDITORS— Election of '39-598 TOWN CLERK— Election of Ch. 2865 UNSEATED LANDS— Appeals from assessments of '32-153, '72-'65 Sale of delinquent taxes '61-594 Return of certain, nunc pro tunc '61-594 VIEWS, Road, expenses of to be paid by petitioners '62-93 504 APPENDIX. WESTM:t)BELAND COUNTY. Organized from part of Bedford County, February 23, 1773. Ch. 678. ALLEGHENY TOWNSHIP— Supervisors to give bond '52-256 Polling place fixed '53-114 Bounty tax legalized '68-769 Liquor licenses prohibited '67-1288 APPEALS from assessment of coal lands '68-1066, '69-815 ASSESSORS' pay fixed at $2.00 per day '65-635 ASSESSMENTS on coal property '68-1066, '69-815 BELL TOWNSHIP— Polling place fixed '54-16 Collection of road taxes in cash. '58-261 Bounty tax authorized '65-711 BRIDGES— Erection and maintenance of '50-6r6 Appointment and duties of viewers '53-482 Townships to repair bridges '53-483 To be repaired by county '72-1011 I'.URRELL TOWNSHIP— Polling place fixed '53-114 CONSTABLES— Election of '27-24, '40-70 COOK TOWNSHIP— Polling place fixed '54-152 Hunting deer with dogs prohibited '58-131 Bounty tax authorized '69-416 Special bridge tax '67-881 DAMAGES— Road '44-137 DERRY TOWNSHIP— Election of Constable '29-74 Sep 506 APPENDIX. Westmoreland County — Continued. NORTH HUNTINGDON TOWNSHIP— Polling place fixed '43-50 Collection of subscriptions to bounty fund '65-286 Per capita tax authorized '69-861 Annuity on certain real estate released '72-518 ORCHARDS— Protection of '55-55, 234 OVERSEERS OF THE POOR abolished '39-7 PASPEYS SCHOOL DISTRICT '51-38T PAUPERS— Care and employment of '39 2, '49-353, '52-275, '68-1040 PENN TOWNSHIP— Polling place fixed '55-72 Boxindaries extended '58-316, '61-191 Bounty tax authorized '65-712 Additional Supervisor authorized '67-449 PLEASANT GROVE SCHOOL DISTRICT— Erection of '50-187 Certain land excluded from '51-132 POLLING PLACES— Compensation for use of '57-107 POOR Act of April 5, '49, repealed '85-72 POOR HOUSE— Erection and management of '39-2, '40-37, '49-353, '50-98, '52-275. Act April 13, '68, repealed '70-1108. Management of, under general law '85-72 ROAD DAMAGES '44-137 ROAD TAX, Labor, two-thirds to be worked before September 1st '32-419 ROAD VIEWERS— Appointment of '44-137, '53-482, '54-553 ROADS not opened or used to be void '40-142 Opening and maintenance of '44-105, '50-616 ROSTRA VER TOWNSHIP— Four Supervisors authorized '63-184 New school district '66-669 Presbyterian Church exempted from taxation '70-1434 To prevent cattle, etc., from running at large '73-565 Roads Acts of April 15, '67, and April 8, '69, repealed '83-21 SALEM TOWNSHIP— Separate school district '39-604, '49-529 Election of Supervisors '59-138, '70-1268, see June 3, '93-288 School district enlarged '72-281 SAINT CLAIR TOWNSHIP— Hunting deer with dogs prohibited '58-131 School loan authorized '68-743 SCHOOLS— Dog tax appropriated to '73-655, '78-67 SEWICKLEY TOWNSHIP— Election of officers '35-56 Additional school tax '47-424 School loan Act of April 9, '67, repealed '70-867 To prevent cattle, etc., from rimning at large '73-565 Roads Act of April 3, '67, repealed '76-200 LIST OF SPECIAL ACTS. 507 Westmoreland County — Continued. SHEEP— Protection of '67-691, '68-403, '78-67, see '01-56 To improve the breed of Ch. 4138, '61-204 SOMERSET TOWNSHIP— Boundary surveyed Ch. 1980, '65-755 SOUTH HUNTINGDON TOWNSHIP— Polling place fixed '44-79, '62-239, 277 Bounty tax authorized '65-711 Additional Supervisors authorized '70-1020 STATE ROADS — Courts may locate '55-313 SULPHUR SPRINGS SCHOOL DISTRICT erected '52-277 SUPERVISORS— Pay fixed. See Roads '65-635 Duties of '39-2 SWAMPS— Drainage of '68-438 SWINE Act of March 27, 1784, repealed Ch. 62, 496 TAX COLLECTORS— Appointment of '60-166 TAXES — See Assessments — Road Tax. TOWNSHIP AUDITORS— Pay fixed '69-663 TOWNSHIPS to repair bridges '53-483, '72-1011 TRESPASS on orchards, etc. '55-55, 234 On railroad cars '73-181 UNION SCHOOL DISTRICT— Polling place fixed '42-326 Boimdaries enlarged '49-529 UNITY TOWNSHIP— Polling place fixed '51-608 Additional Supervisors authorized '60-156 Bounty tax authorized '65-712, '66-347 Road districts to be equalized '69-1068 VIEWERS— Appointment of '44-137, '53-482, '54-553 WASHINGTON TOWNSHIP— Cash road tax '58-261 WEST PINE GROVE Independent School District- Polling place fixed '72-1010 vVESTMORELAND Coimty Agricultural Society exempted from taxa- tion '68-716 WET LANDS— Drainage of '68-438 YOUGHIOGHENY SCHOOL DISTRICT authorized to subscribe for Pennsylvania Railroad Stock '53-134 508 APPENDIX. WYOMING COUNTY. Organized from part of Luzerne County, April 4, 1842, P. L. 222. ABBINGTON TOWNSHIP— Attached to Nicholson election district '42-335 ASSESSMENT and collection of taxes '43-21, 72, '57-416, '70-127 ASSESSORS' pay fixed '66-667 Not required to attend elections '44-220 BRAINTRIM Independent School District erected '69-233 BRAINTRIM TOWNSHIP— Part of Lenox Road Law extended to '51-384 BRIDGE VIEWERS— Appointment of '64-69 BRIDGES Act of April 13, '43, repealed '44-86, '91-171 Certain, to be rebuilt by County Commissioners '46-289 CLINTON TOWNSHIP— Separate election district '44-243 Part of Lenox Road Law extended to '51-334 Polling place fixed '52-421 Bounty tax '66-725, '67-773 DOGS— Taxation of '65-128, 330, '66-341, '73-454 EATON TOWNSHIP— Collection of school tax '62-30 Part of Lenox Road Law extended to '51-384 Cattle, etc., prohibited from running at large '73-'651 John Lee's land Act of April 4, '64, repealed, '71-461 Keelersburg School District erected '61 -'647 ELECTIONS— Pay of officers of. See Independent District. Assessors '44-79, '45-122, '73-651, see '01-398 Holding of '51-334, '52-420, '68-729, '72-522 Act March 30, '66, repealed, '83-13 EXETER TOWNSHIP— Separate election district '42-335 Part of Lenox Road Law extended to '51-384 Cattle, etc., running at large to be treated as strays '72-811 FALLS TOWNSHIP— Lenox Road Law '51-384 FORKSTONE TOWNSHIP— Part of Lenox Road Law extended to '51-384 Polling place fixed '51-40 Hunting deer with dogs prohibited '66-330 INDEPENDENT SCHOOL DISTRICTS— Election boards to be paid out of school funds '73-659, see '01-398 KEELERSBURG Independent School District erected '61-647 LIST OF SPECIAL ACTS. 509 Wyoming County — Continued. LEMON TOWNSHIP— Polling place fixed '50-69 , Part of Lenox Road Law extended to '51-384 Protection of fish in Brown's pond '70-169 LYMANVILLE Independent School District erected '70-1319 MEHOOPANY TOWNSHIP— Part of Lenox Road Law extended to '51-384 Polling place fixed '53-10 Bounty tax authorized '69-608, '71-317 Soldiers' property exempted from bounty tax '70-127 MESHOPPEN TOWNSHIP— Polling place fixed '54-194 Bounty tax authorized '63-87 MONROE TOWNSHIP— Part of Lenox Road Law extended to '51-384 Election of Supervisors '45-357 Poor tax on unseated lands '73-263 NICHOLSON TOWNSHIP— Part of Lenox Road Law extended to '51-384 School loan authorized '70-911 First Independent School District, additional tax '70-911 Boundaries of No. 2 Independent School District enlarged '68-265 NORTHMORELAND TOWNSHIP— Lenox Road Law extended to '51-384 Keelersburg School District erected '61-647 School tax '62-30 Land of John Lee Act of April 4, '64, repealed '71-461 Cattle, etc., prohibited from running at large '73-651 OVERFIELD TOWNSHIP— Protection of fish in Breeche's Pond '67-890, '70-171 OVERSEERS OF POOR— Pay fixed '71-1096 POOR MASTERS— Pay fixed '66-667 ROAD COMMISSIONERS— Pay fixed '67-456 Act of April 13, '43, repealed '44-86 ROADS — See Supervisors. Acts of March 4, '50 and April 8, '51, repealed '54-179 Construction and repairs of '44-86, '46-231, '91-171 SHEEP — Dog tax for the preservation of '65-128, 330, '73-454 Acts of April 8, '62, and February 10, '65, repealed '66-341 SOUTH EATON TOWNSHIP— Cattle, etc., prohibited from running at large '73-651 SUPERVISORS— Pay fixed '66-'667, '71-1096 TAX COLLECTORS— Appointment of Act of February 1, '56, repealed '70-106 TAXES— Assessment and collection of '43-21, 72, '57-416, '70-127 TOWN CLERK'S pay increased '66-667, '71-1096 TOWNSHIP AUDITORS— Pay increased '66-667, '67-456, '71-1096 5IO APPENDIX. Wyoming County — Continued. TUNKHANNOCK TOWNSHIP— Duties of Supervisors. Act of April 15, '34, repealed '38-195 Part of Lenox Road Law extended to '51-384 Election of additional Supervisors '58-290 Two additional Supervisors authorized '58-290, '66-513 Cattle, etc., prohibited from running at large '67-99Q Powers and duties of Auditors '68-845 UNSEATED LANDS— Sale of '57-416 VIEWERS, Bridge, Appointment of '64-69 WASHINGTON TOWNSHIP— Lenox Road Law extended to '50-122 Polling place fixed '53-167 Bounty tax authorized '65-100, '71-162 WEST NICHOLSON Independent School Districl^ Additional tax authorized '71-970 WINDHAM TOWNSHIP— Polling place fixed '50-114, '54-247, 652 Part of Lenox Road Law extended to '51-384 YORK COUNTY. Organized from part of Lancaster County, August 19, 1749. Ch. 377. ASSESSORS' pay fixed '65-635 Act of March 14, '70, repealed '71-1013 CANOE TOWNSHIP— Polling place fixed '53-416 CARROLL TOWNSHIP— Polling place fixed '33-467, '53-414 Assessment of land divided by borough line '52-581 Pay of Supervisors '69-783 CHANCE FORD TOWNSHIP— Bounty tax authorized. See Lower Chanceford '67-760 CODORUS TOWNSHIP— Election of Constables. See North Codorus '26-61, '73-173 Collection of bounty tax '66-810 Polling place fixed '42-53 Re-audit of bounty accounts '72-1041, '73-178 CONEWAGO TOWNSHIP— Polling place fixed '26-406, '42-54, '44-78 Roads Act of April 16, '45, repealed '48-424 DELINQUENT TAXES— Penalty on '66-668 LIST OF SPECIAL ACTS. 5 II York Coiinty — Continued. DIRECTORS OF THE POORr- Election, powers and duties of Ch. 2413, '32-171, '33-205, '47-206 May bind apprentices Ch. 2413 Not to sell grain or provisions '45-470 Jfay fixed '49-321 Authorized to sell land »26-321, '38-24, '50-380 Accounts of, to be re-audited '72-231, 833 DOGS— Taxation of '36-305, '57-179, '59-104 DOVER TOWNSHIP— Election of Supervisors Act of March 14, '67, repealed '68-357 DRAINAGE of wet lands '64-768 ELECTIONS regulated '49-89, '61-148, '69-873 FAIRVIEW TOWNSHIP — Supervisors' pay fixed '64-776 Loan authorized '64-815 Bounty tax authorized '64-506, '66-572, '68-492, 637 FENCES— To prevent destruction of '30-215 FRUIT— Protection of '54-430, '61-478 GARDENS— Penalty for trespass on '54-430, '61-478 HANOVER TOWNSHIP— Election of borough officers '53-101 HEIDELBERG TOWNSHIP— Polling place fixed '61-157 Tanbark and gravel walks '63-313 HELLAM TOWNSHIP— Separate school district '38-594 County Commissioners to pay school teachers '39-260 Preservation of birds and game '41-43 Polling place fixed '35-358, '42-53 Boundaries extended '59-216 Bounty tax authorized '64-1016 Collection of taxes Act of March 18, '73, repealed, '76-205 HOPEWELL TOWNSHIP — Opening and maintenance of roads '34-558 Election of supervisors '40-541, '50-84 Special school tax authorized '49-531 Collection of school tax '51-4 Bounty tax authorized '65-112 Pay of supervisors Act of March 23, '65, repealed, '69-788 JACKSON TOWNSHIP— Election on division of '55-370 LAND, wet, drainage of '64-768 LOWER WINDSOR TOWNSHIP— Bounty tax authorized '65-303, '70-1288 MANCHESTER TOWNSHIP— Polling place fixed '42-127, '53-427 Election of township officers '43-377 Election of supervisors Act of March 14, '67, repealed '68-357 Surplus bounty to school purposes '68-214 512 APPENDIX. York County — Continued. MANHEIM TOWNSHIP— Polling place fixed. See West Manheim '52-127, '54-49 MONAGHAN TOWNSHIP— Election of Supervisors '44-331 Elections regulated '34-480 Polling place fixed '36-704, '44-245 Opening and repair of roads '52-70 Payment of a bounty debt authorized '69-787 NEWBERRY TOWNSHIP— Repairing and opening roads— bridges- index boards '36-321 Pay, election and duties of Supervisors '36-320, '67-924 Election of township settlers or auditors '40-96 Election of treasurer '66-654 Regulating roads '64-552 Loan authorized '64-815 Bounty tax authorized '64-506, '65-710 Supervisors '67-924 Audit of bounty accounts '68-944 NORTH CODORUS— Pay of supervisors fixed '70-308 ORCHARDS— Penalty for trespass on '54-430, '61-478 OVERSEERS OF POOR abolished Ch. 2413 PARADISE TOWNSHIP— Polling place fixed '42-54 Election and division of '55-370 PAUPERS— Care and employment of Ch. 2413, '32-171, '33-205, '47-206 PEACH BOTTOM TOWNSHIP Act of March 31, '36, repealed, '44-409 Term of Supervisors '36-322 Collection of school tax '52-34 Dog tax '57-179 Sale of liquors regulated '67-1035 Cash road tax '67-1222 Roads Act of April 10, '73, repealed, '89-6 POOR HOUSE— Erection of Ch. 2413, '32-171, '33-205 ROAD DAMAGES '60-268 ROAD VIEWS AND VIEWERS '55-313, '60-61, 268, '61-84, '66-343, '70-228 ROADS— Width of '42-193, '63-81 Maintenance of '48-206 Opening of— pay of viewers '60-61, 268, '61-84, 199, 205, 435, '70-228 Opening of may be decreed by court '63-81 SCHOOL TAX— Collection of '72-1036 LIST OF SPECIAL ACTS. 513 York County — Continued. SHREWSBURY TOWNSHIP— Supervisors authorized to collect road tax '62-253 Bounty tax authorized '65-285 SPRINGFIELD TOWNSHIP— Hopewell road law extended to '36-322 Polling place fixed '49-555 School district diminished '63-341 SPRING GARDEN TOWNSHIP— Polling place fixed '52-127 Bounty tax authorized '65-404 Collection of '69-1007 SUPERVISORS — Duties of in relation to the poor. See Roads Ch. 2413 To repair certain bridges '42-221, '61-84, 205, 435 Pay fixed '65-293, 635, '70-429, '71-1013 SWAMPS— Drainage of '64-768 TAX COLLECTORS— Appointment of '60-167 TAXES— Collection of '66-668, '72-1036 TOWNSHIP AUDITORS— Pay fixed '67-370 TOWNSHIPS to repair bridges '42-221, '61-84, 205, 435 TRESPASS on orchards, gardens, parks, etc. '54-430, '61-478 On railroad cars '73-181 VIEWERS OF BRIDGES, appointment of. See Road Viewers '45-449, '60-268 Pay of fixed '61-84, 199, 205, 235, '60-61, 268, '70-223 WARRINGTON TOWNSHIP— Bounty tax authorized '67-1077 WASHINGTON TOWNSHIP— Sale of school house '54-683 WEST MANCHESTER TOWNSHIP— Polling place fixed '52-127 WEST MANHEIM TOWNSHIP— Polling place fixed '54-107, '59-572 Bounty tax authorized '66-271, '67-129 WET LANDS, Drainage of '64-768 WINDSOR TOWNSHIP— Election of Supervisors— See Lower Windsor '33-76 Polling place fixed '40-338 Election of Supervisors Act of March 11, '33, repealed, '36-249 Bounty tax authorized '65-135, '68-493 YORK TOWNSHIP— Polling place fixed '51-607 Vacation of a certain road '48-452 ACTS OF ASSEMBLY CITED. References Constitution, 1874. Section 7, article 3 3 Section 11, article 5 130 Section 2, article 8 57 Section 3, article 8 130 Section 8, article 16 158 1771, March 9 '66 1799, March 1 128 1799, April 11 106 1810, March 20 244 1834, April 15, sec. 3 137 sec. 4 137 sec. 5 242, 247 sec. 6 250 sec. 7 250 sec. 8 76 sec. 9 76, 94 sec. 11 78 sec. 12 77 sec. 13 3, 4, 20 sec. 14 5, 8, 9, 11, 18, 20 sec. 21 104 sec. 23 78 sec. 24 78 sec. 25 178, 181, 183 sec. 27 74, 179 sec. 28 79, 178 sec. 33 179 sec. 34 105, 184 sec. 36 180 sec. 37 180 sec. 38 180 sec. 39 179 sec. 41 105 sec. 42 106 33 are to pages. 1334, April 15, sec. 48 193 sec. 50 104 sec. 51 108 sec. 81 70, 72, 84, 89, 109, 111 sec. 83 86, 90, 120 sec. 85 93 sec. 86 73, 91, 111 sec. 87 79 sec. 88 73 sec. 90 94, .67 sec. 92 95 sec. 94 66, 94, 113 sec. 95 85 sec. 96 8'6, 167 sec. 98 86 sec. 99 110 sec. 100 110 sec. 101 110 sec. 102 112 sec. 103 117 sec. 104 118, 119 sec. 105 114 sec. 106 120 sec. 108 128 sec. 110 129 sec. Ill 129 sec. 112 128 1835, February 28 66, 70, 71, 84, 89, 102, 106, 113, 180. April 28 79 1836, June 13 66 sec. 1 197 sec. 6 143, 201, 207 sec. 8 205 sec. 9 113 sec. 10 2U9 5i6 ACTS OF ASSEMBLY CITED. References are to pages. 1836, June 13. sec. 18 218 1849, February 19 220 sec. 19 218 April 5 131 sec. 27 208 April 7 37 sec. 28 157, 208 April 10 78 sec. 29 158, 208 April 16 134 sec. 30 158, 208 1850, April 25 75 sec. 31 231 May 8 134, 211 sec. 32 153, 218 1851, April 3 23, 25 sec. 34 144, 233 April 14 118 sec. 35 232 1854, April 26 11 sec. 46 234 May 8 38, 42, 46, 47 sec. 61 215 1855, May 3 218 sec. 62 216 May 8 39, 40, 42 sec. 64 240 1856, April 21 104 sec. '65 217 1857, March 11 163 sec. 66 217 March 14 13, 14 sec. 67 213 April 15 13, 15, 16 sec. 68 216 May 6 90 sec. '69 216 May 20 39, 43 sec. 70 240 May 21 112 sec. 72 240 1858, April 21 244 sec. 73 241 1859, February 17 il7 sec. 75 241 April 13 132 1836, June 14 247 1860, March 16 91, 92, 93 1839, June 21 131, 133, 135 March 29 179 July 2 71, 135, 136 March 31 86, 94, 140, 165 1840, April 11 132 1861, May 1 22 June 13 133, 135 1862, April 11 47, 51, 106 July 14 130 1863, March 19 154 1841, May 15 74, V8 April 4 154, 155 1842, March 4 72 1864, March 18 240 March 8 39 March 25 145 May 11 120, 121, 122, 123 March 31 25, 181, 247, 248, July 11 75, 131 249 July 27 77 April 14 248 1843, April 13 236 April 16 154 1844, April 19 225 May 4 154 May 6 119 August 22 248 1845, March 20 217 August 25 145 April 15 134 1866, April 12 22 1846, April 21 134 May 1 145 April 22 74, 105, 107 1867, March 16 225 May 9 31 March 2'6 108 1848, March 30 209, 210 1868, April 6 227 April 11 104, 238 April 28 78 ACTS OF ASSEMBLY CITED. 517 References are to pages. 1869 February 23 39 1881 , June 29 130 April 15 226, 234, 235 1883 June 1 75 1370 February April 5 18 154 155, 226 June 2 June 4 162 66, 113 1871; May 9 March 10 May 19 155 154 154 1885 April 24 May 29 June 3 95 1(52 100, 108 June 15 155 June 24 58, 59, 60, 61 1872, March 19 154 June 24 69 1874, January 30 64 131, 135, 136 June 25 95, 93, 99, 100, 101, February 13 131 102, 10: 5, 104, 105, 107, 144, April 20 168, 169, 173, 174, 162, 179, 183, 193, 230 176 June 30 217 April 24 112, 117 1887, April 13 79, 80 April 29 163 May 13 191 May 14 58, 211 May 24 20, 142, 167, 212 May 19 133 May 24 181 June 13 153 May 24 80 1875, March 10 March 18 71 , 72, 128 219 May 25 June 1 < 232, 235 27, 53, 56 April 12 176 June 2 162, 163, 225 1876, March 31 112 1889, February 14 72, 79, 80 April 17 45 February 14 127, 129 April 28 144, 230 April 4 122 May 1 113 April 19 77 May 2 222 May 4 120 May 5 238 May 7 227 May 8 69, 199 May 8 73, 211 May 18 57, 53, 61, 62, 63, 64 | May 9 147 1877, March 22 130, 132, 133 May 14 95, 159 March 23 132, 246, 250 May 16 163 1878, May 18 69 May 23 28 May 23 221 1891, May 1'6 151 May 24 76 June 2 46, 107 May 25 99, 183, 214 June 8 102, 145 June 12 23, 24 June 9 149, 191 1879, May 2 137 Jime 9 149 May 13 17, 18, 30 1 June 9 170, 172 June 4 ■67, 68, 71, 72, 112, Jime 16 73, 79, 80, 238 128 June 19 135 June 11 233 1893, April 26 244 1881, April 14 174 May 10 113, 149 June 8 45, 238 May 13 64 t, 65, 136 June 18 113 May 25 192 June 27 66 May 26 183 5i8 ACTS OF ASSEMBLY CITED. References are to pages. 1893, June 3 19, 20 June 6 98, 99 June 8 247 June 12 131, 132, 135, 151, 172, 188, 190, 191, 192, 212 1895, April 18 173, 174 May 8 27 May 16 81 May 21 159 May 22 105, 185 June 3 239 June 18 156 June 24 47, 49, 53, 55, 149 June 25 103, 166, 194 June 25 187 June 26 64 June 26 127, 129, 166, 219, 222, 227 July 2 99, 163 1897, February 25 192 1897, March 30 124 April 13 169 April 20 74 April 24 187 May 5 80, 13(5 May 6 239 May 11 103, 173 May 12 44 May 16 215 May 19 136, 176 May 25 176 June 18 126 June 19 68 June 23 176, 191 June 23 89 July 9 103, 194, 234 July 12 81 1899, March 1 174, 175 March 22 125 March 29 103 April 11 127, 156, 227, 229 April 13 23T April 19 238 April 28 247 April 23 126 1899, April 28 32, 36, 70, 72, 82, 83, 88, 89, 97, 109, 111, 137, 142, 146, 147, 148, 149, 150, 153, 156, 166, 168, 193, 195, 209, 213, 225, 227, 228, 232, 243, 261 May 2 149, 197, 214 May 9 79, 80 1901, February 13 172, 176 February 25 56 March 27 103 April 11 149, 188 April 19 151, 172, 176, 194 April 24 186 May 1 219 May 2 216 May 11 21, 30, 32, 34, 90, 148 May 16 23 May 21 210, 235 May 23 239 May 24 36, 153, 157, 188, 195, 212, 228. June 4 97, 176, 194, 229 June 7 159, 195, 205, 219, 220 June 10 147, 150, 151 June 14 149 June 19 204 June 26 77 July 2 187, 196, 197, 214 July 9 146, 148, 239 July 10 210, 226 July 11 81 1903, February 5 46 February 13 103 March 5 69 March 11 129 March 19 247 March 27 235, 232 March 28 232 April 3 54, 211 April 11 240, 243 April 14 65 ACTS OF ASSEMBLY CITED. 519 References are to pages. 19C3, April 15 84, 88, 136, 222 1903, April 23 72, 74, 78, 167, 172 224, 225 261 April 20 66, 223 April 23 84, 88, 150, 176, 177, April 21 236, 239 193, 212, 223, 234 228, 234 April 22 192 April 25 29 April 22 52 April 23 27 April 23 44 TABLE OF CASES CITED. Abington Road Abington S. D., In re 47, 48, 50, 51, 52 Adams vs. Sweden Township Ahl vs. Gleim 166 Alba Township, In re 13 Alderfer vs. Snyder 185 Aleppo, App. of S. D. of 48, 49, 50, 51 Aliquippa, Petition of Sch. Di- rectors of the Borough of 49 Allegheny Co. Constables 127 Allen vs. East Buffalo Twp. 259, 262 vs. Warwick Twp. 265, 266, 269, 271 Alliance Borough 3'6 Allison vs. Juniata Co. 243, 245 American Road Machine Co. vs. Washington Township 138, 142 Ammerman vs. Coal Twp, 256, 267, 269 Anderson's Appeal 119, 141 Anderson vs. Hamilton Town- ship 242 Appeal, Anderson's 119, 141 Banger's 77 Beechwood Improvement Co.'s 78 Brennan's 86, 95, 108, 118, 119, 183, 186 Cassell's 75 Darby Borough S. D.'s 50, 54 Barley's r65 Gauge were's 119 Harrison's Township's 141 PAGE PAGE 199 Appeal, Hibberd's 205 Howard's 173 1, 52 Hower's 247 147 Kugler's 15 Lehigh Coal & Navigation Co.'s 168, 181, 182, 247, 248, 250 Lehigh Valley Coal Com- pany's 188 of S. D. of Aleppo 48, 49, 50, 51 Phila. & Reading Coal & Iron Co.'s 36 Plains Township's 77, 180, 182 Rice's 92 Rich's 75 Sterling's 162 Stolpe's 94, 114, 246 Swatara Twp. School Dis- trict's 98, 100 Township of North Man- heim's 157 Vandegrift's 134 Wolf's 3 Armitage vs. Crawford County 230 Arthur vs. Polk Borough School District 75 Assessors' Case 73 Assessors, In re Pay of 81 Asst. Assessors No. 1 73 Asst. Assessors No. 2 73, 80 Asst. Assessors Case 73 Aston Twp. vs. Chester Creek R. R. Co. 252, 270 vs. McClure 252, 255 Athens Borough vs. Casraer 204 521 522 TABLE OF CASES CITED. PAGE Auditors vs. Frederick 92 Austin Mfg. Co. vs. Ayr Twp. 138, 143 Baer vs. Weaver 115 Bailey vs. Brown Twp. 256, 264, 268, 270, 272 vs. Jefferson To^vnship 244 Baker vs. County of Warren 124 Banger's Appeal 77 Banks Township vs. Frey et al. 85 Barnett Township vs. Jefferson County 23, 180 Barrett vs. Plymouth Twp. 96, 116, 245, 246 Batten vs. West Brandywine 140, 143, 207 Battis vs. Price 132 Bausman vs. Lane. County 75 Bean's Road 201 Bear vs. Eshleman 98 Bearce vs. Fairview Twp 138, 145 Beardslee vs. Columbia Twp. 260 Beaver Falls Nomination 129 Bedford & Stoystown Turnpike Bridge 237 Beechwood Improvement Co.'s Appeal 78 Beeler's Road 203 Beer vs. Clarion Twp. 268 Beigh's Road 200 Benjamin Borough Incorpora- tion 226 Bennethum vs. Eckert 75 Bennett vs. Hunt 98 Benton Township vs. Kennedy 202 Berks and Dauphin Turnpike Road vs. Lebanon Steam Co. 163 County vs. Reading City Pass. Ry. Co. 161 Bern, In re Township of 58, 59 Bethel Township 6, 7 Bilger vs. Townsh'ip 95 Billman vs. Carroll Twp. Super- visors 232, 248 Birmingham Township vs. Brandywine Summit Kaolin Co. 183 Bishop vs. Schuylkill Township 252, 255, 264 Bitting vs. Commonwealth 98 vs. Maxatawney Twp. 254, 266, 267 Black vs. Boyd 185 Blanchard vs. Tioga Improve- ment Company 181 Bloomsburg Town Election 173 Bloomsburg and Scott Twp. Road 200 Boggs Township, In re 59, 60, 61, 62, 63 Bohan vs. Pittston Twp. 138 Bongard's Petition 127 Bonner vs. Foster Twp. 249 Bonsall Avenue 201 Book vs. Penna. R. R. Co. 237 Boone vs. East Norwegian Twp. 254, 258, 264 Boreland vs. Washington 106 Bouck vs. Supervisors of Kit- tanning 104 Bradford City vs. Penna. & U Y. Tel. & Tel. Co. 162 Braintrim Ind. S. D. 39, 43 Breich vs. Brennan 183, 186 Brendlinger vs. New Hanover Twp. 254, 265, 266, 268 Brennan's Appeal 86, 95, 108, 118, 119, 183, 186 Brewer vs. Sullivan Co. 204 Bridgeport & U. C. T. Road 219 Brinker vs. Northampton Co. 81 Brodhead vs. Lower Saucon Township Supervisors 198, 200 TABLE OF CASES CITED. 523 PAGE Brown vs. Ind. S. D. 43 vs. Rush Township 182, 243, 245, 248 vs. White Deer Twp 96, 114, 246 Brunott vs. McKee 128 Bryn Mawr Trust Co. 83 Water Co. vs. Lower Mer- ion Twp. 163 Bucks County Eoad 200 Buckwalter vs. Lancaster County 98, 107 Burrell Twp. Constable 128 Twp. vs. Uncapher 256, 259, 269 Butler Tvqi. S. D. vs. Gordon S. D. 48, 49, 50 Cage vs. Franklin Twp. 253, 264 Calder vs. Chapman 202, 203 Carbondale, Township of, vs. Bonner 115 Twp's Petition 20 Card vs. Columbia Twp. 256, 260, 263 Carney vs. Wheatfleld Twp. 96, 116, 246 Carr's Case 129 Cass Twp., Tax in 248 Cassell's Appeal 75 Catawissa Twp. Road 200 Catharine and Frankstown Twp. 6 In re 10 Cawley, In re Appointment of 147 Central School Supply House vs. South Middleton Twp. School Board 244 Chanceford Twp. vs. Craley 93, 118, 181 Chartiers Township Public Road 198 Twp. vs. Langdon 227, 261 Twp. vs. Phillips 254, 263, 264, 265 Chartiers and Robinson Turn- pike Road Co. vs. Nester 227, 261 PAGE Cheltenham Twp. Road 218 Childs vs. Brown Twp. 133, 140, 143, 184, 231 Church Road 211 Clark vs. Commonwealth 203 Clay Township, Division Line of 5 etc., T^vps., In re 14, 20 Clearfield Ind. S. D. 40 Climax Road Machine Co. vs. Allegheny Twp. 138, 143 vs. Corydon Twp. 138, 142, 143 Clinton County Triennial As- sessments 74 Closser vs. Washington Twp. 256, 260, 264, 271 Clough vs. Shreve 172 Clulow vs. McClelland 217 Coal Co. vs. Kelley 185 Collector's Bond, In re 98 Colvin vs. Beaver 45, 58 Commonwealth vs. Allen 217 vs. Allis 36, 100, 115, 116 vs. Auditors of Middletown 112, 117 vs. Ayers 30 vs. Baker 31, 193 vs. Benfield 127 vs. Betts 213 vs. Billheimer 215 vs. Bitting 249 vs. Blackley 35, 36, 84 vs. Carson 31, 86 vs. Cassatt 201 vs. Coleman 73 vs. Colley Township 245 vs. Colley Township Super- visors 247 vs. Comer 114 vs. Commissioners of Alle- gheny Co. 164 vs. Commissioners of Mon- roe Co. 232, 238 vs. Cornelius 73 vs. County Commissioners of Northampton Co. 237 524 TABLE OF CASES CITED. PAGE Commonwealth vs. Crane 184 vs. Dauphin Co. Com. 99 vs. Deuel 104 vs. Dicken 204 vs. Doverspike 84 vs. Doylestown Supervisors 201, 248 vs. Fehr 201 vs. Farrell 103, 104, 106 vs. Frutchey 93 vs. Fullerton 4 vs. Gilligan 56 vs. Green 73 vs. Gregory 74, 80 vs. Grove 202 vs. Gruver 100, 116, 242 vs. Guthrie 56 vs. Holland 201 vs. Huffman 98 vs. Jackson 157, 204 vs. Jimison 99 vs. Johnson 201, 202, 218, 249 vs. Joyce 114, ir6, 117 vs. Judges 14 vs. Killinger 231, 232, 248 vs. Knettle 101 vs. Lackawanna Co. 98 vs. Lindenmoyer 99 vs. Loomis 235 vs. Lyter 98, 101 vs. McAndrews 100 vs. McComsey 89, 90 vs. McCullough 100, 106 vs. Marshall 157, 204 vs. Miller 106 vs. Miltenberger 218 vs. Moore 218 vs. Murphey 109 vs. Norton 85, 249 vs. Oberdorfer 202 vs. O'Day 249 vs. Philadelphia 247 vs. Philadelphia Commis- sioners 249 vs. Penna. R. R. 247, 248 vs. Piroth 100, 242 Commonwealth vs. Pittsburg 164, 165 vs. Plymouth Twp. 157 vs. Plymouth Twp. 200, 204 vs. Raudenbush 134 vs. Reiter 201, 221 vs. Reno 132 vs. Rooney 34, 36 vs. Ruddle 203 vs. Scanlan 115 vs. Seheckler 98 vs. School Directors 76 vs. Scott 107 vs. Shoemaker 204 vs. Smith 229 vs. Smythe 93, 114, 242 vs. Snyder 130 vs. Stambaugh 99, 104 vs. Stofer 115 vs. Summerville 67 vs. Supervisors of Swatara Township 235 vs. Swab 98 vs. Swatara Twp. 233 vs. Swatara Twp. Supervis- ors 235 vs. Sweigart 93, 114, 116, 192 vs. Thompson 202, 221, 243, 247, 249 vs. Upper Darby Auditors 112 vs. Upper Darby Township Auditors 248 vs. Walton 165 vs. Weir 172 vs. Wlieelock 75 vs. Wunch 98 vs. Wyoming County Com- missioners 75 ex rel vs. County Commis- sioners 237 ex rel Leslie vs. County Commissioners 79 ex rel Rawle vs. Colley Twp. 139 Comrey vs. East Union Town- ship 220, 244 TABLE OF CASES CITED. 525 Conley et al. vs. School Direc- tors of West Deer T^vp 38 Conneaut Township, in re 6, 10, 11, 13, 15 Conrad vs. Upper Augusta Twp. 267 Conshohocken Ry. Co. vs. Penna. R. R. 161 Constable's Bond, in re Appro- val of 128 Constables, In re Commence- ment of Term of 123 Cook vs. Deerfield Township 203, 204 Cooney vs. Norwegian Twp. 143 Cooper vs. Lampeter Township 231 & Grove vs. Lampeter Twp. 137, 138, 144 Corbalis vs. Newberry Twp. 258, 265, 272 Coulter vs. Pine Twp 267, 271 Coxe's Case 141 Coxe vs. Sweeney 186 Crawford vs. Commissioners 34 Crescent Twp. vs. Anderson 258, 269 Case 34 Road 201 Cresswell vs. Montgomery 185 Cumru Township vs. Directors of the Poor of Berks Co. 184 Cunningham vs. White 75 Curtin and Boggs Townships Road 199 Dailey vs. Wilkes-Barre Twp. 191 Dallas Borough, In re Boun- dary Line of 5, 7, 19 Dalton vs. Upper Tyrone Twp. 252, 258, 272 Darby Borough S. D.'s Appeal 50, 54 Darby Twp. Supervisor 91 Darby and Collingsdale S. D., In re Division of Indebt- edness of 53 Darby and Sharon Hill, In re School Dist. of 53, 54 PAGE Dauphin Borough Constable 129 County, In re District At- torney of 57, 135 Davis, In re 129 vs. Snyder Twp. 251, 256, 259 Dean vs. New Milford Town- ship 251, 252, 269 Delaware & Hudson Canal Co. vs. Higgins 181 vs. Walker 180 vs. Walsh 75 Dempster vs. United Traction Company 36, 161 Derry Twp. Road 200 Dilley vs. Luzerne County 80 Disbrow vs. Ulster Twp. 271 District Attorney, In re 63 Dixon vs. Butler Twp. 254, 260, 264, 266 Dolan et al. vs. Lackawanna Twp. S. D. 51 Donahoe vs. Johnson 130 Dougherty vs. Upper Allen Township Supervisors 237 Doulan's Case 64 Dunbar Township Road 200, 201 Dull vs. Ridgway 139, 142 Dunne vs. Degan 180, 181 Dyer vs. Covington Township 93, 96, 114, 242, 245 Earley's Appeal jl65 East Avenue, Widening of 211 East Cocalico Twp. vs. Swigart 93 East Penn Township Road 193 East Union Township vs. Com- rey 206, 220, 221, 243, 244 vs. Ryan 220, 221, 245 Easton vs. Lerch 76 Easttown S. D., In re 45 Edge vs. Commonwealth 201, 202 Eisenhart vs. Hykes 243 Election, In re 98 Officers, In re 98, i35 Electric Ry. Co. vs. Turnpike Co. r61 Elk Township, In re 45 526 TABLE OF CASES CITED. Elk Twp. School District, An- nexation to 9 Elkin vs. Potter County Poor District 67 Ephrata Township School Board vs. County 107 Erie County vs. Commonwealth 237, 238 Eshleman vs. Martic Twp. 138, 154 Evans vs. Jayne 122 vs. Phillipi 98 vs. Willistown Township 172 vs. Witmer 98 Ewing vs. North Versailles 255 Exeter and. Northmoreland Township Line 8, 12, 21 Ferguson vs. Moore 184 Finnegan vs. Foster Twp. 257, 269 Flannigan vs. Wilkes-Barre Township 191 Ford vs. Roulet Twp. 258, 261 Forestry Case 124 Forks Twp. vs. King 266, 268 Foster Twp., In re 85, 93, 183 Foxburg Ind. S. D. 41, 43 Francis vs. Franklin Township 237, 257, 270 Frankford Township Road 198 Franklin Twp., Independent School District in 40, 41 Frederick vs. Com. 98 French Creek Township vs. Moore 186 Friend vs. Pittsburgh 245 Frost vs. Scott 197 Fry vs. Perkiomen Twp. 253, 2<55 Funk vs. Washington Twp. 141 Furniss vs. Furniss 203, 204 Fyan vs. Rainsburg Borough 170 Gangewere's Appeal 119 Garman vs. Carroll Twp. 248 vs. Carroll and Spring Twps. 232 Garrard vs. County of Alle- gheny 244 PAGE Gibbons vs. Kingston Twp. 271 vs. Sheppard 64 Gilberton, In re Petition of School Board of 48, 49, 50 Glaub vs. Goshen Township 255, 2'66, 270 Glenn vs. Commonwealth 157, 200, 204 Glover vs. Wilson 101 Goodman vs. Coal Twp 270 Gouldsboro Borough vs. Cool- baugh Township 233 Graham, In re Petition of 134 Granahan, In re '84, 92 Gray vs. North Versailles Twp. 203, 204, 205 Green Twp. 9, 11 Case of 6 Constable 129 Greene and Guilford Townships, Road in 197 Greenwood Township 5, 13 Ind. S. D. 43 Gregg Twp. vs. Jamison 140, 145 Gring vs. Burkholder 104 Habecker vs. Lancaster Twp. 264 Hager vs. Wharton Twp. 253, 257, 258, 260 Hain vs. Lebanon & Annville St. Ry. Co. 160 Haines vs. Barclay Twp. 259 Hale vs. Butler 28 Halsey vs. Denison Twp. 244 Hamiltonban To\vnship Super- visors 201 Hannick's Bond, In re 98 Harding vs. Repp 76 Harrisburg vs. Bank 171 & Cornwall Turnpike, In re Condemnation of 225 Harrison Township 6, 10 Township's Appeal 141 Harrisville Bor. Ind. S, D. 43 Harshman vs. Dunbar Twp. 139, 140, 142 Hart vs. Tioga County 124 TABLE OF CASES CITED. 527 PAGE Hartman vs. Hellam Twp. 208 Hatfield Twp. Independent School Dist. 40, 41 Haverford Electric Light Co. vs. Hart 163 Hazle Twp., In re 141 vs. Marlde 116 Hector Township Eoad 201 Hedricks vs. Schuylkill Twp 259, 272 Heidler's Petition 45 Heisey vs. Rapho Twp. 253, 201, 267 Heister vs. Fawn Twp. 255, 264 Henderson and West Town- ships, In re 10 Hershey vs. Commissioners of Millcreek Twp. 256 Hibberd's Appeal 205 Highway Tax Rebate i87 Hilbert vs. North Codorus Twp. 250 Hilbish vs. Catherman 166 Hill vs. Tionesta Twp. 2C5, 266, 269, 272 Hitchcock vs. Amity T^vp. 257, 267 Hogan vs. West Mahanoy Twp. 256, 267 Holden vs. Cole 203, 204 Hoover vs. Reap 105, 249 Hopewell Twp. vs. Putt 140, 143 Houston Twp., Overseers of, vs. Overseers of Benezette Twp. 133 Howard's Appeal 173 Howe vs. Commissioners of Crawford Co. 236, 237 Hewer's Appeal 247 Hughes vs. Kline 77 Humer vs. Cumberland County 131 Hummel's Petition 184 Humphreys vs. Armstrong Co. 267 Hunlock vs. Jones 42 Huntingdon Twp. Ind. S. D. 41 Huntingdon Twp., In re Elec- tion District in 59, 60, 62 Hutchinson vs. Clay Township 153 Huth's Case 133 Ide vs. Lake Twp. 259, 261, 266 Indiana County vs. Agricultural Society 165 Independent School District 41 In re Abington S. D. 47, 48, 51, 52 Alba Township 13 Appointment of Cawley 147 Approval of Constable's Bond 128 Boggs Township 59, 60, 61, 62, 63 Boundary Line of Dallas Borough 5, 7, 19 Catharine and Frankstown Township 10 Clay, etc., To^\^lships 14, 20 Collector's Bond 98 Commencement of Term of Constables 128 Condemnation of Harris- burg & Cornwall Turn- pike 225 Conneaut Township 6, 10, 11, 13, 15 Contested Election of Martz '39 Davis 129 District Attorney 63 of Dauphin County 57, 135 Division of Indebtedness of Darby and Collingdale S. D. 53 Division of Jackson Town- ship 63 Juniata Township 12, 13 Nescopeck Twp. 59, 62 North Whitehall Township, 7, 14 Plum Township 6, 7, 15 Upper Sa,lford Township 5, 8, 9, 10, 14 Easttown S. D. 45 Eighth Ward of Norristown 58 Election 98 Election District in Hunt- ingdon Twp. 59, 60, 62 Election Officers 98, 135 Elk Twp. S. D. 45 528 TABLE OF CASES CITED. PAGE In re Foster Township 85, 93, 133 Granahan 84, 92 Hannick's Bond 98 Hazle Twp. 141 Henderson and West Town- ships 10 Indebtedness of Marcy Township 181, 248 Indebtedness of Sugar Notch Borough 107 Jenkintown S. D. 47, 48, 49, 51 Lackawanna Township 182 Line Between Salisbury, etc., Twps. 18 McKenzie's Election 135 Marcy Township Indebted- ness 183, 191, .247 New Garden Election Dis- trict 58, 62 Northern Home for Friend- less Children 165 Norwegian Township, 7, 8, 20 Paradise Twp. 9 Pathmaster's Accounts 113 Pay of Assessors 81 Petition of Graham 134 Petition of School Board of Gilberton 48, 49, 50 Plunkett's Creek T\vp. 11, 18 Polling Place 65 Roads in Londonderry Township 219 Roaring Brook S. D. 47 Roaring Brook Township Road 201, 202 School District in Marcy Twp. 38 of Darby and Sharon Hill 53, 54 of Luzerne Borough 47, 50, 54 Sewickley Township 7 South Covington S. D. Ind. 47 Supervisors 89 Thirtieth Election Division 59, 60 Township of Bern 58, 59 In re Washington and War- rington Twp. 8 White Clay Creek Bridge 238 Widening of Merion Avenue 211 Wilkes-Barre Township 181 Windsor Township 8 Isensee vs. Shaler Twp. 154 Jackson Township, In re Di- vision of 63 vs. Wagner 254, 263 James vs. Fell Twp. Poor Board 245 Jayne vs. Smith 120, 121 Jefferson Township School Di- rectors 248 Jenkins Township vs. Yates- ville 25 Jenkintown S. D., In re 47, 48, 49, 51 Jenks Township Poor District vs. Sheffield Township Poor District 67 Johnstown & S. L. Turnpike Co. vs. Johnstown Pass. Ry. 161 Juniata Township, In re Divis- ion of 12, 13 vs. Reamer's Exr. 145 Justices of the Peace 132 Appointments 133 Commission of 133 Keasy vs. Bricker 248 Keim vs. Devitt 93 Keiser vs. Commissioners 238 Keller vs. Hoffman 130 Kelley vs. Mayberry Twp 255, 269, 271 Kelly vs. Commonwealth 157, 216 Kemmerer vs. Foster Twp. 102, 103, 186 Kennedy vs. Scranton 192, 249 Kingston Twp. vs. Gibbons 258, 267 vs. Luzerne Borough 26 Kitchen vs. Smith 179 vs. Union Twp. 259 Kittanning Borough vs. Mast 191 Kleckner vs. County of Lehigh 244 TABLE OF CASES CITED. 529 Knowles vs. Penna. R. R. Koller's Petition Kriebel vs. Malsberger Kugler's Appeal Lackawanna Township, In re PAGE 157 127 188 15 132 Lagrange vs. Ind. S. D. 43, 44 Laird vs. Greensburg Bor. 170 Lamoreux vs. Luzerne County 158 Lancaster vs. Kissinger 2G8 Avenue Improvement Com- pany vs. Humphreys 154 Co. vs. Bare 76 Langdon vs. Chartier's Town- ship 227, 261 Lansdowne vs. Upper Darby Township 24 La Plume Borough vs. Gardner 75 La Porte Twp. Polling Place 60, 61 Larimer vs. Pitt Township 186 & L. St. Ry. Co. vs. Lari- mer St. Ry. Co. 159 Laubach vs. Dodson 74, 179 Laughlin vs. Township 243 Leasure vs. Mahoning Twp. 115 Lehigh Coal & Navigation Co.'s Appeal 168, 181, 182, 247, 248, 250 vs. Gormley 103 vs. Inter County St. Ry. Co. 160 Lehigh Twp. Road 203 Valley Coal Company's Ap- peal 188 Lewis vs. Flanagan 86, 95, 108 Limestone Township 8 Liquor License Fees 191 Little vs. Lower Merion Twp. 139, 142, 244 Livingston vs. South Middleton Twp. School Board 244 Locust Street, Widening of 211 Logan Twp. vs. Altoona 163 vs. Rochester Twp. 139, 143, 245 Londonderry TowTiship, In re Roads in 219 Long vs. Milford Twp. 267 PAGE Lower Allen Twp. Road 200 Lower Allen Twp. S. D. vs Shiremanstown S. D. 48, 50 Lower Chanceford Township Road 200 Lower Macungie Twp. vs. Merk- hoflfer, 253, 254, 256, 257, 266 Lower Merion Township Road 202 Lower Pottsgrove Twp. vs. Pottstown Pass. Rj. Co. 159 Lower Saucon Township's Road 198 Lower Windsor Twp. vs. Gem- mill 252, 255 Lubrecht vs. Hazle Twp. 117 Lumber Township vs. Cameron County 136, 220 Luzerne Borough, In re School District of 47, 50, 54 Lydon vs. Lackawanna Town- ship 186 Lynn vs. Ralpho Twp. 214, 253 McBride'a Petition 136 McCarthy vs. Penna. Land and Imp. Co. 156, 157 McClintock vs. Remmell 75 McConnell's Mill Road 200 McCormick vs. Kinsey 153 vs. Washington Twp. 267 McCready vs. McGovern 118, 119 McDermott vs. Auditors of La Porte Twp. 208 McDonald's Case 134 Mclntyre Twp. vs. Walsh 110, 114 McKenzie's Election, in re 135 McKim vs. Somers 131 McMurtrie vs. Stewart 203 McNeal vs. Allegheny Twp. 139 Machine Co. vs. Allegheny Twp. 160 Macungie Township 5, 6, 8, 9 Magills Case 102, 185 Magill vs. Hellyer 102, 179 Mahanoy Twp. vs. Beaver Meadow Elec. Ry. Co. 161 vs. Comry 220, 221, 245 vs. Scholly 252 Mallory vs. Griffey 216 Malloy vs. Reinhard 93 530 TABLE OF CASES CITED. Marreval vs. Jackson Township 139, 167, 243, 245 Manor Keal Estate Co. vs. Cooner 180 Marcy Township Indebtedness, In re 183, 191, 247 In re Indebtedness of 181, 248 Ind. S. D. 41 School District in, In re 38 Marks vs. Park 135 Marshall vs. Lower Towamsn- sing Township 153, 208 Martz, In re Contested Election of 89 Marys vs. East Vincent Twp. 139, 142 Matlack vs. Callanan 153 Mattern vs. Allegheny County Com. 99 Mattes vs. Ruth 74 Meadville vs. Erie Canal Co. 26} Mechesney vs. Unity Twp. 257, 265, 266 Meeker vs. Commonwealth 213 Meixell vs. Railway Co. 159, 160 Mellick vs. Penna R. R. 219 Menges vs. Muncy Creek Twp. 254, 271 Merion Avenue^ In re Widening of 211 Merold vs. Rush Township 243, 244, 245 Middle Creek and Union Town- ships Road 200 Middleton, Township of, vs. Miles 86 Middletown Road 222 etc., R. Co. vs. Middletown Elec. Ry. Co. 242 Milford Borough vs. Milford Water Co. 141 Millcreek Twp. vs. Perry 255, 266 Miller, Ex parte 129 . vs. Gorman 184, 185 Millvale Borough Annexation 172 Election 27 PAGE Moers vs. City of Reading l64 Mohney vs. Red Bank School District 119 Monongahela City vs. Fischer 252 Moore vs. Allegheny City 101 vs. Taylor 74, 77 Morgan vs. Moyamensing Town- ship 250 Morrow vs. Commonwealth 203, 204, 218 Mt. Carmel Twp. vs. McDon- nell 86, 95 Mt. Pleasant Independent School Dist. 40, 41 Mt. Pleasant School District 45 Mueller vs. Ross Twp. 268 Munhall Bor. S. D. vs. Mifflin Twp. S. D. 49 Munnell vs. Peters & N. S. Twps. 252 Murphy's Case 129 Myers vs. Commonwealth 238 Nelson vs. Ehret 158, 208 Nescopeck Twp., In re Division of 59, '62 Nesinger vs. Clay and Hinkle- town Turnpike Co. 226 Nether Providence Township, Appointment of Town Clerk for 110 New Garden Election District, In re 58, 62 Newlin Township vs. Davis 237, 252 Newry S. D. 46 Nieman vs. Ward 18 Nippenose vs. Bastress Town- ship 75 Nobles vs. Piollet 196 Norristown, In re Eighth Ward of 58 North Chester Election District 58, 59, 60, 61 Lebanon Twp. vs. Lebanon Co. 237 Manheim's Appeal, Town- ship of 157 TABLE OF CASES CITED. 531 North Manheim Township vs. Arnold 259, 261, 270 Whitehall Twp., In re 7, 14 Northern Home for Friendless Children, In re 165 Northumberland, First National Bank of, vs. Rush School Dist. 244 Norwegian To\vnship, In re 7, 8, 20 Oakland Twp. vs. Martin 140, 144, 231 O'Hara Twp. Road 201 Ohl vs. Bethlehem Twp. 260 Old Forge School District's In- debtedness 46 O'Leary's Petition 136 Orren English's Case 129 Overton Township Public Road 197 Paradise Twp., In re 9 Pathmaster's Accounts, In re 113 Payne vs. School District of Coudersport 77 Pearce vs. Torrence 185 Penn Dist. Election Case 64 Township 7 vs. Perry County 234 Pennsylvania Canal Company vs. Shirley and Union Townships 203 R. R. vs. City of Philadel- phia 164, 165 vs. Montgomery Co. Pass. Ry. 138, 159, 160, 161 Tel. Co. vs. Hoover 162 People's Telephone and Tele- graph Co. vs. Berks and Dauphin Tpk. Road 162 Perry Twp. vs. John 251, 267 Pfoutz vs. Penna. Tel. Co. 162 Phila. & Reading Coal & Iron Co.'s Appeal 36 Petition 35, 188 Phillips vs. Commonwealth 201 Pitt ToAvnship Road 200 PAGE Pittsburg Election Case 136 M. & Y. R. Co. vs. Com. 225 Pittston Borough Election 131 Twp. Auditors 120 School District of 118 vs. Walsh 119 Plains Twp. 36 Township's Appeal 77, 180, 182 Twp. Audit 117, 118 Case 35 In re 183 Platz vs. McKean Twp. 260, 261, 271 Plum Township, In re Divis- ion of 6, 7, 15 Plunkett's Creek Twp., In re 11, 18 vs. Crawford 30 Plymouth Township 8 vs. Chestnut Hill and Nor- ristown Ry. Co. 160 vs. Graver 259 Commissioners vs. Sweeney 87 Polling Place, In re 65 of the Second Division of the Seventh Ward '65 Porter vs. School Directors 114, 1x6 vs. Shields 227, 230 Twp. Election Case 65, 136 Overseers vs. Jersey Shore Overseers 248 Road 93, 186, 221 Potter and Tioga County Pub- lic Road 199 Pottsville Bor. vs. Norwegian Township 139, 144, 233 Radnor Twp. vs. Bell 150 R. R. Co. vs. O'Hara 185 Rainsburg Borough vs. Fyan 170 Rapho Twp. vs. Moore 253, 258, 261 & West Hempfield Twps. vs. Moore 144, 233, 236 Reed's Nomination 130 Reilly vs. School Board 93 Renting vs. Titusville 167 Reserve Township Road 211 Rich's Appeal 75 34 532 TABLE OF CASES CITED. PAGE Rice's Appeal 9^2 Rice vs. Burns 105, 185 Richter vs. Penn Twp. 115 Ridgway vs. Bridgeport 74 Light & Heat Company vs. County of Elk 77 Ridley Twp. Sup. 91 Ridley Twp., S. D. of, vs. S. D. of Ridley Park 51 Ringler's Nomination 130 Road to Ewing's Mill 200 Roaring Brook S. D., In re 47 Township Road, In re 201, 202 Roberts vs. Sarchet 122 Roche vs. Sommers 179 Rockdale and Richmond Town- ships Line 8, 10 Rockefeller Twp. vs. Rhodes 260, 269, 270 Rockhill Iron & Coal Company vs. Fulton Co. n Rose vs. Beaver County 67 Rothwell vs. California Borough 210 Roye vs. Columbia Borough 170 Rudy's Case 129 Rush Township vs. Susquehanna Co. 237 vs. Schuylkill County 185 Overseers of, vs. Lynn 119 Road 198 Rutherford's Case 156 Ryon Twp. 13 Road 193 Sadsbury's Constable 129 Twp. Sup. 91 Salisbury etc. Twps., In re Line Between 18 Saucon Township, Supervisors of, vs. Broadhead 249 Schaeffer vs. Jackson Twp. 254, 264 Schaflfer's Election 127 Schload vs. Clay and Hinkle- town Turnpike Company 226 School District vs. Pitts. 106 Scott vs. Strawn 115 Twp. vs. Montgomery 255, 270 Scranton Election District 59, 60, 61 Scraper Co. vs. Supervisors of Pine Twp. 138, 143, 249 Seabolt vs. Northumberland County Commissioners 239 Sener vs. Ephrata Borough 174 Sewickley Township, In re 7 Ind. S. D. 40, 42 Road 198 Shaeffer vs. Shaeffer 184 Shamokin Borough Division 59, 61 Sharon Hill Elec. Case 131 Sharpless vs. Mayor of Phila- delphia 164 Shartzer vs. Washington Bor. School District 116 Shea vs. Plains Township 243, 249 Sheetz vs. Rush Township 243, 244, 245 Sheppard vs. Township 139, 142 Sheridan vs. Palmyra Twp. 234, 257, 267 Shieb vs. Collier Twp. 153, 253 Shippen, To^vnship of, vs. Bur- lingame 118 Shoe vs. Nether Providence Twp. 158, 205, 211 Short vs. Gilson 115 Shriver vs. Stephens 120, 121, 122 Shronk vs. Supervisors of Penn Township 94, 242 Sides vs. Lane. Co. 107 Siegler vs. Mellinger 268 Slaymaker vs. Lancaster Co. 78 Smith vs. Jackson Twp. 267, 268 vs. McCarthy 14 vs. Middle Smithfield School District 180 vs. Muncy Creek Twp. 237, 261, 267, 272 Snyder vs. Penn Twp. 252, 255, 259, 266 Twp. vs. Bovaird 244, 245 Somerset Twp. vs. Parson 138, 142, 245 Somerville vs. Gallaher 101, 102, 249 TABLE OF CASES CITED. 533 PAGE Sommer's Case 77, 104 South Abington School Dist. 40 Bethel Twp. Road 225 Bethlehem Boro., Justice of the Peace of 131 Covington S. D. Ind., In re 47 Speer vs. Blairsville School Di- rectors 166 Speicher vs. Clifton Township 118, 119 Sprague vs. Baldwin 156 Spring Brook Township vs. Thomas 92, 119 Springdale Twp. 34 Springfield, S. D. of Twp. of, vs. S. D. of Boro. of Mor- ton 51 Township Road 199, 200 Spring Garden Independent School Dist. 40, 41 Sprowls vs. Morris Twp. 268 Stahl's Assessment 75 Stauffer vs. Lower Swatara Township 205 Stebbins vs. Leidy Township 243, 244, 245 Steelton Boro. vs. Harrisburg Pass. Ry. 161 Stephens vs. Potter 91, 92, 204 vs. Shriver 122 vs. Wyoming School Dist. 244 Sterling's Appeal 162 Stewart vs. Maple 179 Stiles vs. Reynolds 101 StoKes vs. Ralpho Twp. 266 Stolpe's Appeal 94, 114, 246 Stowe and Main Twp. Road 200 Stowe Township Division 5, 7, 8, 9, 11, 36 Street vs. Comm. 80 Stringert vs. Ross Township 253, 260 Sugar Notch Borough 56 In re Indebtedness of 107 Sullivan Co. vs. Middendorf 99 Sunday vs. Shuler Supervisors, In re Susquehanna River Road Sutter vs. Young Twp. Swanck's Case PAGE 122 89 219 253 133 Swatara Twp. School District's Appeal 93, 100 District vs. Geesey 115 Tamaqua and Lansford St. Ry. vs. Inter-County St. Ry. 160 Taylor Township vs. Lawrence County 23« Township's Road 198 Templeton vs. Com. 101 vs. Warriorsmark Twp. 268 Third Road District Supervisors 90 Thirtieth Election District, In re 59, 60 Thomas vs. Upper Merion Twp. 119 Thompson vs. Commonwealth 221 Timlin's Case 131, 132 Todd Township Public Road 199 Tompsett vs. Glade Twp. 260, 261 Towamencin Road 199 Township vs. Blackwell 100 Roads 222 Tracy vs. Titusville School Dis- trict 116 Trainer vs. Wolfe 141 ThedyflFrin S. Lands 45 Trego vs. Pierce 121 Trexler vs. Greenwich Twp. 254, 266 Tyson's Bond 129 Union St. Ry. vs. Hazleton & N. S. Elec. Ry. IGO Twp. vs. Gibboney 138, 139, 140, 142, 143, 245 Upper Darby, Township of, vs. Borough of Lansdowne 25 Upper Fairfield Road 198 Upper Providence Township vs. Ry. Co. 160 Upper Salford Township, In re Division of 5, 8, 9, 10, 14 Utt vs. Yocum 185 Vance's Case 133 534 TABLE OF CASES CITED. PAGE Vandegrift's Appeal 184 Van Storch vs. City 74 Wagner vs. Foley 153, 203 vs. Salzburg Twp. 158, 205 Walker's Contested Election 135 Walters vs. Wayne Twp. 265, 266 Warfel vs. Cochran 203 Warminster Township Ind. S. D. 41 Warner vs. Commonwealth 244 vs. Muncy Twp. 153, 205 Warrington Township 6 Warwick Twp. 11 Washington Avenue 220 Twp. Sup. 91 and Warrington Twp., In re 8 Watson's Petition 45 Weaver vs. Block 121 Wenger vs. Rohrer 154 West Brunswick Election Dis- tricts 58, 62 Mahanoy Twp. vs. Watson 259, 263, 264 Wheatfield Twp's Agent 127 Westfield Borough vs. Tioga County 232, 233 Westgate vs. Spalding 230 Wetmore Township 10, 11 White Clay Creek Bridge, In re 233 Whitemarsh Twp. vs. Philadel- phia, Germantown & Norristown R. R. Co. 242, 247, 248 Whitmire vs. Mimcy Creek Twp. 237, 253, 261, 267 Wilkes-Barre City Hospital vs. County of Luzerne 165 Township, In re 181 Indebtedness 191, L48 Wilkins School Dist. vs. Turtle Creek Borough Dist. 27 Twp. S. D. 40, 42, 47, 52, 53, 54 PA6B Willard vs. Parker 242, 246 Williams vs. Crook 42 vs. Reed 192 vs. Wright 184, 185 Twp. vs. Williamstown 48, 50, 51 Williamsport & N. B. R. R. Company vs. La Porte Township Supervisors 203 Wilson vs. O'Hara Twp. 256, 258, 266, 268 Wimer vs. Overseers of Poor of Worth Twp. 164 Windsor Township, In re 8 Winner vs. Graner 158, 205 vs. Oakland Twp. 266, 269 Winton Coal Company vs. Com- missioners of Lacka- wanna Co. 76 Witherop vs. Titusville School Board 168, 171 Wolf vs. Sterling Township 245 Wolf's Appeal 3 Wolfe's Petition 45 Woodring vs. Forks Twp. 237, 243 Worley vs. Dover Twp. 257, 258, 269 Worrilow vs. Upper Chichester Twp. 254, 264, 265 Wright vs. Lehman Township 214, 253, 266 Wyalusing Twp. 7, 10 Yealy vs. Fink 233 Yoders vs. Amwell Twp. 254, 258, 264 Young vs. Machamer 92 Zanziger vs. Wayne Electric Light Co. 163 Zimmerman vs. Conemaugh Twp. 258, 267 INDEX. References are to pages. ABANDONMENT of bridges, reconstruction, 238. of turnpikes, 225. of plank roads, 22'6. ACCOUNTS, See also Auditobs duties of auditors, 112. presentation of claims, 114. ACTIONS, See Negligence power of township to sue, 242. actions against townships, 243. affidavits of defense by, 244. actions of supervisors, 245. intervention of taxpayers, 246. mandamus against townships, 247. execution against townships, 250. ACTS OF ASSEMBLY— See list of acts cited. Page 515. For list of spec- ial acts, see the several coimties. Act of April 15, 1903, in full, 274. erecting townships, 3. constitutionality of classification, 34. ADAMS COUNTY special acts relative to townships in, 313. AFFIDAVITS OF DEFENSE by townships, 244. ALIAS WRIT of. mandamus, 249. ALLEGHENY COUNTY special acts relative to townships in, 315. 535 536 INDEX. References are to pages. ALTERATIONS to bridges, 237. ALTERATION of lines of township, 20. ANNEXATION of land to school district, 44. APPEALS review of order issued to commissioners appointed to pass on new township, 6. where no exceptions to the return of commissioners, 8. mattters passed on, 10. from assessment for taxation, 77. from report of auditors, 118. bond in such case, 119. from assessment of property, 179. from rate fixed by supervisors, 180. intervention by tax payers, 182. from acts of road commissioners under special acts, 19'6. APPROACHES to bridges, 234. liability for neglect in care of, 257. ARMSTRONG COUNTY special acts relative to townships in, 323. ARREST for violation of ordinances in townships of the first class, ] 50. ASSESSMENT precept for, 73. manner and place of, 74. where assessed, 75. notice of, 76. appeal from, 77. re-assessment, 78. of tax, 178. basis of levy, 179. of road tax, 183. INDEX. 537 References are to pages. ASSESSOES in townships of the first class, 72. in townships of the second class, 72. assistant assessors, 72. oath, 73. duties, 73, 79. manner of assessment, 74. re-assessment, 78. penalty for neglect, 78. vacancy, 79. compensation, 80. school assessor, 80, ASSISTANT ASSESSORS, See Assessoes. ASSISTANT TAX COLLECTORS, See Tax Collectoes. ATTACHMENT by auditors to compel appearance, 112. AUDITORS in townships of the first class. 111. in townships of the second class, 111. meetings, 112. general duties, 112. duties as to accounts, 112. presentation of claims, 114. effect of settlement, 115. conclusiveness, 115. reports, 116. neglect of duty, 117. appeal from report, 118. recognizance, 119. costs on appeal, 119. compensation, 120. vacancies, 120. duties as to fences, 120, 121. penalty for neglect, 122. compensation for fence views, 123. appointment of tree commissioners, 125. notice to, of proceedings to open roads, 199. BALLOT in election to determine whether the township shall be divided, 14. in election to determine whether new township shall be erected, 16. in election to pass on poor house, 67. in election to pass on increase of debt, 171. 538. INDEX. References are to pages. BEAVER COUNTY special acts relative to townships in, 325. BEDFORD COUNTY special acts relative to townships in, 328. BERKS COUNTY special acts relative to townships in, 331. BLAIR COUNTY special acts relative to townships in, 335. BOARD OF HEALTH school directors as, 126. power of, 15'6. BOND, See also Foems of treasurer, 32, 85. of supervisor, 91. of tax collector, 99, 100. on appeal from the report of auditors, 119. of justice of the peace, 134. of taxpayers contracting to make roads or bridges, 189. issuance of where debt increased, 169. reissue of, 174. exchanging, 174. of contractor for State highway, 278. BOROUGH adjustment of indebtedness where township erected from, 23. adjustment of indebtedness where limits changed, 26. formation of new school district by erection of, 46. adjustment of school district indebtedness where lines of borough altered, 52. widening of road between city and borough, 211. road improvements where highway part within, 286. BOUNDARIES method of ascertaining, 18. adjusting river boundary, 20. altering lines, 20. adjustment of indebtedness where altered, 30. bridges on, 233. INDEX. 539 References are to pages. BOUNTIES payment of, 145. appropriation of money for, 165. BRADFORD COUNTY special acts relative to townships in, 337. BRIDGES contracts for, 143. on division lines, 144. use of by street railway, 1'61. contract by taxpayers for making, 188. form of contract, 189. duty to construct, 231. cost of, 232. on boundaries, 233. on county lines, 234. approaches, 234. repairs, 236. alterations in county bridges, 237. rebuilding, 238. abandoned and destroyed, 238. over railroads, 239. notices on, 240. penal provisions, 240. liability for negligence in care of, 257. BUCKS COUNTY special acts relative to townships in, 343. BUTLER COUNTY special acts relative to townships in, 346. CAMBRIA COUNTY special acts relative to townships in, 350. CAMERON COUNTY special acts relative to townships in, 352. CANALS subscription to committee to view ship canal, 165. CARBON COUNTY special acts relative to townships in, 352. 540 INDEX. References are to pages. CENTRE COUNTY special acts relative to townships in, 354. CHESTER COUNTY special acts relative to townships in, 356. CITY adjustment of indebtedness where township annexed, 27. adjustment of indebtedness where township annexed to city of the third class, 28. widening of road between city and borough, 211. CLARION COUNTY special acts relative to townships in, 364. CLASSIFICATION townships of the first class, 32. method of determining, 33. constitutionality of classification, 34. efi"ect of, 35. of school districts, 56. CLEARFIELD COUNTY special acts relative to townships in 365. CLINTON COUNTY special acts relative to townships in, 367. COLUMBIA COUNTY special acts relative to townships in, 369. COMMISSIONERS to pass on erection of new township, 5. where township divided by new county line, 16. to ascertain boundaries, 18. to erect independent school district, 40. to erect new election district, 60. COMMON SCHOOLS, See Independent School Distbicts formation of districts, 37. annexation of land to district, 44. annulling of annexation, 45. formation of new district by erection of borough, 46. adjustment of indebtedness where new district formed, 46. INDEX. 541 References are to pages. COMMON SCHOOLS— Continued. adjustment of indebtedness where lines altered or independent dis- trict abolished, 51. adjustment where lines of borough altered, 52. adjustment where district is enlarged, 54. adjustment where township is merged into one or more boroughs, 55. classification of school districts, 56. school directors as boards of health, 126. liquor license fees when taxpayers make roads, 192. enumeration of children, 80. COMPENSATION of commissioners to ascertain boundaries, 19. of assessors, 80. of treasurer in townships of the first class, 83. of treasurer in townships of the second class, 36. of supervisor, 95. of tax collectors, 106. of auditors, 120. of fence viewers, 123. of fire wardens, 124. for water troughs, 144. of deputy constables, 147. of collectors of special taxes, 133. CONDEMNATION, See Eminent Domain of infected trees, 125. of land for sewers, 151. CONDITIONS in grant of franchise, ICO. CONSENT grant of to street railways, 159. grant of to telephone and telegraph companies, 161. grant of to natural gas companies, 162. grant of to oil and pipe line companies, 162. grant of to gas, light and heat companies, 162. grant of to water companies, 162. CONSOLIDATION of election districts, 64. 542 INDEX. References are to pages. CONSTABLES as fire wardens, 124. election of, 127. qualifications of, 128. vacancies, 129. deputy constables for townships, 146. CONSTRUCTIVE NOTICE, See Notice. CONTRACTS, See also Fobms of townships, 137. by whom made, 137. interest of supervisors in, 140. for road work, 141. purchase of machinery, 142. for opening roads, 143. for bridges, 143. for water troughs, 144. to pay bounties, 145. for fire protection, 156. for police protection, 146. for the erection of lock-ups, 147. for sewerage, 151. for State highway improvements, 278-9, 281. by taxpayers for making roads or bridges, 188. form of, 189. CONTRIBUTORY NEGLIGENCE effect on liability of township, 265. what is, 266. CORPORATIONS subscription to stock of, 164. COSTS of proceedings to form independent school district, 42. on appeal from the report of auditors, 119. of opening roads, 207. of erecting bridges, 232. COUNTIES erection of guard walls on roads, 214. erection of bridges, 232. bridges on county lines, 234. INDEX. 543 References are to pages. CRAWFORD COUNTY special acts relative to townships in, 371. CUMBERLAND COUNTY special acts relative to townships in, 377. DAMAGES, See Negligence assessment of, where material taken for roads, 157. for changing grade of road, 158. to sheep, how paid, 192, in opening roads in townships of the first class, 196. in opening roads, 205. in opening sidewalks in townships of the first class, 228. in actions for negligence, 270. from construction of State highway, 287. DAUPHIN COUNTY special acts relative to to\vnships in, 379. DELAWARE COUNTY special acts relative to townships in, 383. DIRECTORS OF THE POOR election, 69. DISORDERLY CONDUCT upon highways, penalty, 216. DIVISION election to determine, 13, 14. form of ballot, 14. by new county line, 16. adjustment of indebtedness, 22, 30. effect of on election districts, 63. DOGS Taxation of, 192. DRAINAGE regulation of, 153. Liability for defects in, 153. to improve wet lands, 154. re-drainage, 155. on roads, 213. 544 INDEX. References are to pages. DUPLICATES of tax, 179. of road tax, 184. EASEMENTS surrender of, 153. ELECTION in erection of new township, 13. in division of township, 13. form of ballot, 14. return, 15. in erection of new township, 15. form of ballot, 15. where new township formed by new county line, 17. formation of districts, 57. jurisdiction, 57. petition, 59. commissioners, 60. return, 60. review, 62. effect of division, 63. consolidation of districts, '64. change of polling places, 65. to determine necessity of poor house, 67. of township ofl&cers, 70. conduct of, 71. assessor, 79. of township treasurer, 82, 84. of township commissioners, 87. of supervisors, 89. to change number of supervisors, 89. of tax collector, 98. of town clerk, 109. of township auditors, 111. of constables, 127. of justices of the peace, 130. qualifications, 131. term, 132. contested election for justice, 133. election oflBcers, 135. conduct of special elections, 135. vacancies in election board, 136. to pass on increase of debt, 171. INDEX. 545 References are to pages. ELK COUNTY special acts relative to townships in, 387. EMINENT DOMAIN to acquire land for sewers in townships of the first class, 152. to acquire material for roads, 157. changing grade of roads, 158. ERECTION, See Indebtedness legislative establishment, 3. judicial establishment, 4. procedure, 4. petition, 5. commissioners, 5. order to, 6. view, 7. return, 8. map, 9. exceptions to return, 10. review, 11. election, 13, 15. by new county line, 16. election in such case, 17. draft, 18. ERIE COUNTY special acts relative to townships in, 388. ^ I special acts relative to townships in, 388. EVin of negligence, 260. EXCEPTIONS to return of commissioners appointed to pass on new township, 10. to report of viewers opening road in townships of the first class, 196. EXECUTION against townships, 250. EXONERATION from taxes, 193. EXPENDITURES subscriptions, 164. appropriation of money or credit, 165. for township buildings, 166. manner of making disbursements, 166. 546 INDEX. References are to pages. FAST DRIVING penalty for, over bridges, 240. FAYETTE COUNTY special acts relative to townships in, 394. FENCES auditors as fence viewers, 120. duties, 121. penalty for neglect, 122. compensation of fence viewers, 123. change of to prevent snow drifts, 215. FINES, See Penalties. FIRE penalty for carrying over bridges, 240. FIRE PROTECTION contracts for, 146. FIRE WARDENS constables as, 124. compensation of, 124. FOREST COUNTY special acts relative to townships in, 398. FORESTS rebate for maintaining, 188. income from State forests, 192. FORMS petition of real estate owners for highway improvement, 294. petition of township supervisors for highway improvement, 295. petition of township commissioners for highway improvement, 296. petition of county commissioners for highway improvement, 297. agreement between commonwealth, county and township for road im- provements, 298. contract between the commonwealth and contractor, 299. bond to be given by the contractor for road improvement, 301. maintenance petition for the use of township supervisors, 302. maintenance petition for the use of township commissioners and county commissioners, 303. form of standard specifications, 304. form of bid, 310. INDEX. 547 References are to pages. FRANCHISES to street railway, 159. to telephone and telegraph companies, 161. to natural gas companies, 162. to oil and pipe line companies, 162. to gas, light and heat companies, 162. to water companies, 163. conditional grant, 160. FRANKLIN COUNTY special acts relative to townships in, 399. FULTON COUNTY special acts relative to townships in, 402. GAS COMPANY municipal consent to construction of lines, 162. GRADING ROADS damages for, 158. power to grade, 210. GREENE COUNTY special acts relative to townships in, 403. GUARDS on roads, 213. duty to erect, 255. liability of townships for failure, 255. HAWKERS AND PEDDLERS license of, 149. HEAT COMPANY municipal consent to construction of line of, 162. HORSES use of skittish horses, 254. HUNTINGDON COUNTY special acts relative to townships in, 405. HUSBAND AND WIFE damages recoverable by husband for injury to wife, 270. 35 548 INDEX. References are to pages. IMPUTATION of negligence, 268. INDEBTEDNESS adjustment where township divided, 22. where township erected from borough, 23. where borough limits are changed, 26. where township annexed to city, 27. where township annexed to city of the third class, 28. where new township erected by new county line, 29. where boundary altered, 30. where township divided, 30. where new school district formed, 46. where lines altered or independent district abolished, 51. where lines of borough altered, 52. of school indebtedness where district is enlarged, 54. of school indebtedness where township is merged into one or more boroughs, 55. to erect poor house, 68. increase of, 167. limitation on power to contract, 168. Act of April 20, 1874, increase, 169. Act of April 20, 1874, election to increase, 171. where increase approved, 173. re-issue of bonds, 174. exchanging securities, 174. statement of, 175. ratifying increases, 176. special tax to pay, 181. for building State roads, 223. contracting for State highway improvement, 282. INDEPENDENT SCHOOL DISTRICTS erection of, 38. petition for, 39. commissioners, 40. return, 41. costs, 42. when district recognized, 42. abolition of, 42. INDEX BOARDS erection by supervisors, 215. INDEX. 549 References are to pages. INDIANA COUNTY special acts relative to townships in, 407. INDICTMENT of supervisors for failure to erect bridges, 232. of supervisors for failure to open roads, 200. INJUNCTIONS to restrain nuisance on road, 157. to restrain collection of road tax, 185. INSPECTION of tax assessment books, 179. INSPECTORS election of, 135. vacancies, 136. INTEREST upon debts for which special tax levied, 183. in actions against townships, 245. INTERVENTION by taxpayers, 182, 246. JEFFERSON COUNTY special acts relative to townships in, 410. JUDGE OF ELECTION election, 135. vacancies, 136. JUDGMENT confession by supervisors, 243. JUNIATA COUNTY special acts relative to townships in, 412. JURISDICTION in erecting townsliips, 4. in adjusting indebtedness where new school district formed, 4S. in forming election districts, 57. of justices in actions for penalties, 150. to issue mandamus, 247. in actions for negligence, 269. 550 INDEX. References are to pages. JUSTICE OF THE PEACE where townships are divided, 31. election of, 130. qualifications, 131. term, 132. acceptance of oflBce, 132. vacancy, 133. contested election, 133. removal of, 134. bond, 134. duties, 134. jurisdiction in actions for penalties, 150. appointment of viewers to assess damages where material is taken for road use, 157. LACKAWANNA COUNTY special acts relative to townships in, 414. LANCASTER COUNTY special acts relative to townships in, 416. LAWRENCE COUNTY special acts relative to townships in, 423. LEBANON COUNTY special acts relative to townships in, 426. LEHIGH COUNTY special acts relative to townships in, 428. LEVY basis of, 179. review of, 180. to pay debt due to supervisor or overseer of the poor, 180. LICENSES fees for, 148. LIGHT COMPANY municipal consent to construction of line of, 162. LIQUOR license for sale of, 149. application of license fees, 191. INDEX. 551 References are to pages. LINES roads on township lines, 209. roads on State lines, 209. bridges on boundaries, 233. bridges on county lines, 234. LOCATION of route of road, 202. effect of, 203. LOCK-UPS erection of, 147. LUZERNE COUNTY special acts relative to townships in, 430. LYCOMING COUNTY special acts relative to townships in, 437. MACHINES purchase of, 142. contracting indebtedness for, 167. for use on roads, 212. operation on highways, 217. MAINTENANCE of State highway, 284. petition for, 302, 303. MANDAJVIUS to compel levy of tax to pay debts, 132. to compel levy of road tax, 184. to compel erection of bridges, 232. jurisdiction to issue writ, 247. in what cases, 247. alias writ, 249. MAP in erection of new township, 9. where new township formed by new county line, 18. where independent school district formed, 42. to show negligence, 260. McKEAN COUNTY special acts relative to townships in, 441. 552 INDEX. References are to pages. MEETINGS of supervisors to grant franchises to street railway, 159. MEMORIAL DAY appropriation of money for exercises on, 166. MERCANTILE LICENSE in tovraships, 149. MERCER COUNTY special acts relative to townships in, 443. MIFFLIN COUNTY special acts relative to townships in, 447. MONROE COUNTY special acts relative to townships in, 449. :montgomery county special acts relative to townships in, 451. MONTOUR county special acts relative to townships in, 455. MUNICIPAL LIENS for sewers in townships of the first class, 152. for drainage of wet lands, 155. NATURAL GAS COMPANY municipal consent to construction of line, 162. NEGLIGENCE in care of drainage, 153. in care of roads, 251. latent defects, 253. holes, 253. ruts, 253. skittish horses, 254. guard rails, 255. bridges, 257. where third parties negligent, 258. evidence of, 260. sidewalks, 261. notice of defects, 261. proximate cause, 263. INDEX. 553 References are to pages. NEGLIGENCE— Continued. contributory negligence, 265. imputation of contributory negligence, 268. jurisdiction in actions for, 2'69. parties to actions for, 269. damages for, 270. functions of court and jury, 271. NORTHAMPTON COUNTY special acts relative to townships in, 45'6. NORTHUMBERLAND COUNTY special acts relative to townships in, 458. NOTICE of application for new township, 5. of view for new township, 7. of view to alter boundaries, 20. of meeting of commissioners in case of independent school district, 40. of completion of poor house, 68. of assessment, 76. of receipt of duplicate by tax collector, 102. of report of auditors, 117. of infection of trees, 125. of opening of road in townships of the first class, 195. to supervisors of road proceedings, 197. to auditors of road proceedings, 199. on bridges, 240. liability for latent defects, 253. of defects in highways, 261. NUISANCES abatement of, 156. OFFICERS— See the various officers. of State highway department, 275. OIL COMPANY municipal consent to construction of, 162. OPENING ROADS in townships of the first class, 195. in tovmships under special acts, 193. notice to supervisors, 197. notice to auditors, 199. 554 INDEX. References are to pages. OPENING ROADS — Continued. issue of order to open, 199. duty to, 200. costs of, 202. ORDER to commissioners appointed in case of new township, 6. to open road, 199. ORDINANCES fixing penalties in townships of the first class, 150. arrest for violation, 150. opening roads in townships of the first class, 195. ORGANIZATION of board of township commissioners, 88. OVERSEERS OF THE POOR election of, 66. duties when poor house erected, 68. PARTIES TO ACTION by townships, 242. in actions for negligence, 269. PENALTIES neglect of assessors, 78. refusal of supervisor to serve, 93. neglect of supervisor to perform duties, 94. neglect of auditors, 117. neglect of fence viewers, 122. ordinances enacting in townships of the first class, 149. for non-payment of taxes, 193. for failure to erect index boards, 2r6, for obstructing highways, 216. for disorderly conduct on, 216. for obstructing highways by railroads, 216. for extortion by workmen, 217. for injury to water troughs, 230. for fast driving over bridges, 240. for carrying fire over bridges, 240. PERRY COUNTY special acts relative to townships in, 461. INDEX. 555 References are to pages. PETITION, See also Forms to erect new township, 4. requisites of, 5. for commissioners to ascertain boundaries, 19. to erect independent school district, 39. to form new election district, 59. to open road in townships of the first class, 195. for State road, 223. for road improvement, 276. PHILADELPHIA COUNTY special acts relative to townships in, 4G4. PHOTOGRAPHS to show negligence, 260. PIKE COUNTY special acts relative to townships in, 467. PIPE LINE COMPANY municipal consent to construction of, 162. PLANK ROADS abandonment of, 226. PLANS of State highways, 288. POLICE appointment and powers of, 146. appropriation to pension fund, 165. POLLING PLACES change of, 65. consolidation of election districts, 64. POOR overseers of, 66. coxmty poor districts, 67. poor houses, 67. indebtedness for poor house, 68. completion of poor house, 68. directors of the poor, 69. POTTER COUNTY special acts relative to townships in, 468. 556 INDEX. References, are to pages. PROVINCE OF COURT AND JURY in negligence cases, 271. PROXIMATE CAUSE liability of townships, 263. PROCESS service on supervisors, 243. alias writ of mandamus, 249. PUBLIC BUILDINGS erection of, 148. expenditures, 166. QUALIFICATION of township officers, 71. of assessor, 73. of treasurer, 82, 85. of supervisor, 91. of tax collector, 99. of constables, 128. QUARTER SESSIONS jurisdiction in erection of new township, 4. in erection of new election district, 57. to appoint deputy constables, 146. to review rate of taxation fixed by supervisors, 180. to order tax to pay debts, 181. to appoint viewers to open road in townships of the first class, 196. RAILROADS penalty for obstructing highways, 216. bridges over, 239. RATIFICATION of increases of indebtedness, 176. REBATE of tax for prompt payment, 136. use of wide tired wagons, 187. planting trees, 187. forests, 188. INDEX. 557 References are to pages. REBUILDING of bridges, 238. RECEIPT of tax collector, 194. RECORDS of State Highway Department, 275. REMOVAL of justice of the peace, 134. REPAIRS of roads, 212. of State roads, 224. to bridges, 236. REPORT of auditor, effect, 116. of State highway department, 275. RETURN of commissioners in proceedings for new township, 8. map or plot, 9. exceptions to, 10. of election to determine, whether township shall be divided, 15. of commissioners where township divided by new county line, 17. of commissioners to ascertain boundaries, 18. of commissioners to pass on independent school district, 41. of commissioners to pass on new election district, 60. of taxes collected, 194. REVIEW of proceedings establishing a new township, 11. of proceedings establishing a new election district, 62. RIVER adjusting boundaries, 20. ROADS, See also State Roads, Forms contracts for road work, 141. contracts for opening roads, 143. nuisances upon, 156. acquiring material for, 157. damages for changing grade, 158. 558 INDEX. References are to pages. ROADS — Continued. indebtedness in purchasing machinery for, 167. indebtedness for ordinary repairs, 168. contracts by taxpayers for making, 188. form of contract, 189. application of liquor license fees, 191. income from State forests, 192. in townships of the first class, 195. in townships xmder special acts, 196. notice to supervisors when new road proposed, l97. notice to auditors, 199. issue of order to open, 199. duty to open, 200. location of the route, 202. effect of location, 203. damages for opening, 205. cost of opening, 207. roads on township lines, 209. roads on State lines, 209. grading, 210. widening, 211. widening between cities and boroughs, 211. repairs by contract, 212. road machinery, 212. drainage of, 213. guard walls upon, 213. removing stones from, 214. snow drifts upon, 214. index boards, 215. obstructing, 216. obstructing by railroad companies, 216. extortion by workmen on, 217. operation of machinery on, 217. vacation of, 218. State roads, 220. maintenance of State roads, 224. turnpikes, 225. sidewalks, 22'6. sidewalks in townships of the first class, 227. sidepaths, 229. water troughs on, 230. liability for negligent care of, 251. ROAD COMMISSIONERS under special acts, 196. INDEX. 559 References are to pages. ROAD TAXES levy of, 183. basis of, 183. collection of, 184. cash road tax, 186. rebates for prompt payment, 186. rebates for use of wide tired wagons, 187. rebates for planting trees, 187. rebates for forests, 188. where taxpayers make roads, 188. income from State forests, 192. application of, 186. cash road tax for State roads, 223. SCHUYLKILL COUNTY special acts relative to townships in, 472. SEWERAGE in tov?nships, 151. SHEEP use of dog tax to pay damage to, 192. SIDEPATHS construction of, 229. SIDEWALKS construction, 226. in townships of the first class, 227. liability for negligence in construction of, 261. SNOW removal from roads, 214. liability for injury from, 253. SNYDER COUNTY special acts relative to townships in, 477. SOMERSET COUNTY fcpocial acts relative to townships in, 478. STAGE i^INE license of, 149. 560 INDEX. References are to pages. STATEMENT of indebtedness, 175. STATE ROADS construction of, 220. care of by supervisors, 221. general system, 222. maintenance of, 224. Act April 15, 1903, 274. State highway department, 274. offices of, 275. records of, 275. report of, 275. petition for road improvements, 276. cost of road, 276, 279. standard of road, 278. contracts for work, 278, 279, 281. bond of contractor, 278. payment of cost, 280. petition to accept benefits, 281, 283. contracting indebtedness for, 282. advertisement for proposals, 284. maintenance of road, 284. duty of supervisors as to, 285. when portion of highway in borough, 286. damages from construction, 287. highway plan of State, 288. duty of local officers, 288. construction of improved highways, 289. appropriation for, 289. instructions of State highway department, 291. forms of State highway department — see Foeajs. STONES removing from road, 214. STREET RAILWAYS grant of franchises to, 159. SUBSCRIPTIONS to stock of corporations, 164. SULLIVAN COUNTY special acts relative to townships in, 480. INDEX. 56 1 References are to pages. SUPERVISORS, See also Contracts, Fobms election of, 89. change in number, 89. vacancy, 90. qualification, 91. bond, 91. refusal to serve, 93. duties, 94. neglect to perform, 94. compensation, 95. clerk of, 110. making of contracts, 137. interest in contracts, 140. disbursements by, when no treasurer, 167. tax to pay debt due, 181. notice to, of proceedings to open road, 197. duty to open roads, 200. removal of stones from roads, 214. removal of snow drifts, 214. erection of index boards, 215. extortion by, on highways, 217. care of State roads by, 221. erection of water troughs, 230. duty as to bridges, 231. confession of judgment, by, 243. actions by, 245. petition for road improvement, 276. duty as to care of State roads, 285. SUSQUEHANNA COUNTY special acts relative to townships in, 481. TAXATION, See Tax Collector triennial assessor, 73. precept for assessment, 73. manner and place of assessment, 74. where assessed, 75. notice of assessment, 76. appeal from assessment, 77. re-assessment, 78. collection in townships of the first class, 82. discounts for prompt payment in townships of the first class, 97. abatements, 103. collection of taxes, 103, 106. 562 INDEX. References are to pages. TAXATION— Oon^inwed. for township building, 148, 166. to refund indebtedness, 168, 173. assessment, 178. basis of levy, 179. special taxes iinder the Act of 1835, 180. special taxes under the Act of 1864, 181. road taxes, 183. cash road taxes, 186. rebates, 186. rebate for planting trees, 187. rebate for forests, 188. income from forests, 192. dog tax, 192. exonerations, 193. penalty for non-payment, 193. appeal from rate fixed, 180. receipts for, 194. returns, 194. TAX COLLECTOR in townships of the first class, 97. in townships of the second class, 97. election of, 98. vacancy, 98. oath, 99. bond, 99. liability, 100. duties, 101. collection of taxes, 103. responsibility of, 105. compensation, 106. assistants, 108. of special taxes, 183. compensation, 183. road taxes, 185. receipts, 194. returns, 194. TELEGRAPH COMPANY municipal consent to erection, 161. TELEPHONE COMPANY municipal consent to erection, 161. INDEX. 563 References are to pages. THEATRES license of, 149. THIRD PARTIES effect of negligence of, on liability of township, 258. TIOGA COUNTY special acts relative to townships in, 485. TOWN CLERK in townships of the first class, 109. in townships of the second class, 109. duties, 110. tax assessment books, 178. TOWNSHIP COMMISSIONERS election of, 87. meeting of board, 88. TREASURER in townships of the first class, 82. compensation, 83. vacancy, 83. in townships of the second class, 84. bond, 85. duties, 85. compensation, 86 vacancy, 86. disbursements by, 166. TREES rebate of tax for planting, 187. TREE COMMISSIONERS appointment of, 125. abatement of infected trees, 156. TURNPIKES subscriptions to stock of, 165. abandonment of, 225. UNION COUNTY special acts relative to townships in, 488. 564 INDEX. References are to pages. VACATION of highways, 218. VACANCY filling of, 71. in office of assessor, 79. treasurer in township of first class, 83. treasurer in township of the second class. 86. supervisor, 90. tax collector, 98. auditor, 120. constable, 129. justice of the peace, 133. in election board, 136. VARIANCE in proof in actions for negligence, 260. VENANGO COUNTY special acts relative to townships in, 490. VERDICT setting aside as excessive, 271. VIEW in erection of new township, 7. in draining wet lands, 154. in taking materials for roads, 157. WAGONS rebate for use of wide tires, 187. WARRANTiS for the payment of money, 166. for work on State roads, 220. actions on, 243. WARREN COUNTY special acts relative to townships in, 493. WASHINGTON COUNTY special acts relative to townships in, 497. WATER COMPANY municipal consent to construction of line of, 163. INDEX. References arc to pages. WATER troughs for supply of, 144. liability for obstruction of, 253. WATER TROUGHS erection of, 144, 230. WAYNE COUNTY special acts relative to townships in, 501. WESTMORELAND COUNTY special acts relative to tovmships in, 504. WYOMING COUNTY special acts relative to townships in, 508. WIDENING of roadS; 211. between cities and boroughs, 211. YORK COUNTY special acts relative to townships in, 510. 565 // IP iiHii ili!