1929 Pa. Act 447 | Pennsylvania Act 1929-447 — THE GENERAL COUNTY LAW - REPEALED

Act text

| THE GENERAL COUNTY LAW - REPEALED | | | | --- | --- | --- | | | Act of May 2, 1929, P.L. 1278, No. 447 | Cl. 16 |

AN ACT

Relating to counties of the second, third, fourth, fifth, sixth, seventh and eighth classes; and revising, amending and consolidating the laws relating thereto.

CONTENTS

| ARTICLE | I. | Preliminary Provisions‌ | 1 | - | 9 | | --- | --- | --- | --- | --- | --- | | ARTICLE | II. | Enumeration; corporate powers; classification and territorial limits of counties‌ | 21 | - | 47 | | (a) | Division of the State into counties; Corporate powers‌ | 21 | - | 24 | | | (b) | Classification‌ | 31 | - | 32 | | | (c) | Fixing and relocating lines and boundaries‌ | 36 | - | 47 | | | ARTICLE | III. | County officers | 51 | - | 327 | | (a) | General provisions‌ | 51 | - | 64 | | | (b) | State associations‌ | 71 | - | 96 | | | | | 1. Commissioners, solicitors, and chief clerks‌ | 71 | - | 72 | | | | 2. County controllers‌ | 76 | - | 78 | | | | 3. Sheriffs‌ | 81 | - | 82 | | | | 4. District attorneys‌ | 86 | - | 87 | | | | 5. Probation officers‌ | 91 | - | 92 | | | | 6. Register of wills‌ | 95 | - | 96 | | (c) | Commissioners‌ | 101 | - | 110 | | | (d) | Auditors‌ | 121 | - | 124 | | | (e) | Controller‌ | 131 | - | 137 | | | (f) | Treasurer‌ | 141 | - | 150.1 | | | (g) | Solicitor‌ | 151 | - | 15 | | | (h) | Surveyor‌ | 160 | - | 162 | | | (i) | Engineer‌ | 166 | - | 167 | | | (j) | Board of viewers‌ | 171 | - | 176 | | | (k) | Sheriff and coroner‌ | 180 | - | 213 | | | | | 1. Sheriff‌ | 180 | - | 190 | | | | 2. Coroner‌ | 201 | - | 205 | | | | 3. General provisions‌ | 211 | - | 213 | | (l) | Prothonotary, clerks of courts, clerk of orphans' courts, register of wills and recorder of deeds‌ | 220 | - | 236 | | | (m) | District attorney, assistants and detectives‌ | 245 | - | 281 | | | | | 1. District attorney‌ | 245 | - | 250 | | | | 2. Assistant district attorney‌ | 256 | - | 262 | | | | 3. Detectives‌ | 276 | - | 281 | | (n) | Jury commissioners‌ | 291 | - | 295 | | | (o) | Compensation; salaries; fees‌ | 301 | - | 302 | | | (p) | Pensions, counties of the second class‌ | 311 | - | 327 | | | ARTICLE | IV. | Finance‌ | 341 | - | 408 | | (a) | Counties having a controller‌ | 341 | - | 353 | | | (b) | Counties having county auditors‌ | 361 | - | 364 | | | (c) | Provisions relating to all counties‌ | 371 | - | 387 | | | (d) | Sinking Fund Commission‌ | 395 | - | 401 | | | (e) | Depositories in second class counties‌ | 405 | - | 407 | | | ARTICLE | V. | Special powers and duties of counties‌ | 411 | - | 498 | | (a) | Appropriations for military purposes‌ | 411 | - | 413 | | | (b) | Burial of deceased service men and their widows‌ | 421 | - | 428 | | | (c) | Memorial Day observance‌ | 430 | - | 432 | | | (d) | History‌ | 436 | - | 439 | | | (e) | Miscellaneous appropriations‌ | 441 | - | 448 | | | (f) | Floods‌ | 461 | - | 462 | | | (g) | Gas wells and railroads‌ | 466 | - | 467 | | | (h) | Canals and waterways‌ | 471 | - | 477 | | | (i) | Law libraries‌ | 481 | - | 485 | | | (j) | Rewards‌ | 491 | | | | | ARTICLE | VI. | County Planning Commission‌ | 501 | - | 506 | | ARTICLE | VII. | Eminent domain and injury to property‌ | 511 | - | 543 | | ARTICLE | VIII. | Grounds and Buildings‌ | 551 | - | 677 | | (a) | General provisions‌ | 551 | - | 565.1 | | | (b) | Court houses, jails and workhouses‌ | 566 | - | 570 | | | (c) | Improvement of streets along county buildings; street lighting‌ | 575 | - | 576 | | | (d) | Comfort stations‌ | 580 | - | 581 | | | (e) | Monuments and memorials‌ | 590 | - | 603 | | | (f) | Public auditoriums, public libraries, public memorial buildings and monuments‌ | 605 | - | 608 | | | (g) | Homes and hospitals‌ | 611 | - | 633 | | | (h) | Institutions for delinquent women‌ | 635 | - | 644 | | | (i) | Parks, playgrounds, playfields, gymnasiums, baths, swimming pools, and indoor recreation centers‌ | 650 | - | 656 | | | (j) | Parks in second class counties‌ | 660 | - | 670 | | | (k) | Disposing of real property of county‌ | 675 | - | 676 | | | ARTICLE | IX. | Bridges, viaducts and culverts‌ | 701 | - | 857 | | (a) | General provisions‌ | 701 | - | 736 | | | (b) | Authorization and construction‌ | 751 | - | 804 | | | | | 1. Taking over or assisting with township and municipal bridges‌ | 751 | - | 758 | | | | 2. On action of county commissioners‌ | 771 | - | 780 | | | | 3. Taxpayers‌ | 791 | - | 797 | | | | 4. Joint action of counties, or county and city‌ | 801 | - | 804 | | (c) | Acquisition of bridges‌ | 811 | - | 845 | | | | | 1. Toll bridges‌ | 811 | - | 813 | | | | 2. Acquiring and rebuilding bridges privately owned or built by public subscription‌ | 821 | - | 824 | | | | 3. Erected by private persons or by public subscriptions and donated to county‌ | 831 | - | 834 | | | | 4. Leasing of toll bridges‌ | 841 | - | 845 | | (d) | Joint action with municipalities‌ | 851 | - | 857 | | | ARTICLE | X. | Roads and highways‌ | 871 | - | 987 | | (a) | Authorization, construction and maintenance‌ | 871 | - | 922 | | | | | 1. County roads to be maintained as such‌ | 871 | - | 882 | | | | 2. System of main thoroughfares adopted, laid out and constructed by county, and becoming borough and township roads‌ | 891 | - | 896 | | | | 3. Highways, bridges, tunnels, subways and underground roads‌ | 901 | - | 905 | | | | 4. General provisions‌ | 916 | - | 922 | | (b) | Vacation as county roads‌ | 931 | | | | | (c) | Continuous highways from one county to another‌ | 936 | - | 938 | | | (d) | Purchase and condemnation of turnpikes‌ | 941 | - | 946 | | | (e) | County aid to municipalities and townships‌ | 951 | - | 966 | | | (f) | Detours‌ | 976 | | | | | (g) | Protection of roads‌ | 981 | - | 987 | | | ARTICLE | XI. | Sewers and sewage disposal plants‌ | 1001 | - | 1015 | | ARTICLE | XII. | Actions by and against counties‌ | 1031 | - | 1037 | | ARTICLE | XIII. | Acts of Assembly repealed‌ | 1051 | - | 1052 |

ARTICLE I

PRELIMINARY PROVISIONS

SHORT TITLE

Section 1. Be it enacted, &c., That this act shall be known, and may be cited, as "The General County Law."

Section 2. This act does not apply to counties of the first class. Except where otherwise specifically limited, this act applies to all counties of the second, third, fourth, fifth, sixth, seventh, and eighth classes. This act does not include any provisions, and shall not be construed to repeal any acts relating to:

(a) The procedure for the collection of municipal and tax claims by liens.

(b) The amount and method of incurring and increasing the indebtedness of counties.

(d) Conduct of elections.

(e) Poor districts, except as specifically provided herein.

(f) The giving of county consent to public service corporations.

(g) State roads, State-aid roads, township and private roads.

(h) Validation of elections, bonds, resolutions and accounts of corporate officers.

(i) Collections by county officers of moneys for the Commonwealth, and the issuance of State licenses.

(j) The government and regulation of jails, prisons and other correctional institutions, and the commitment thereto and the maintenance and care of prisoners or inmates therein.

(k) Civil and criminal procedure, except special provisions covering actions by or against counties or county officers.

(l) Joint county and municipal buildings and works.

(m) County libraries, except law libraries.

(n) The recording of deeds, mortgages or other instruments in writing.

(o) Court criers and tipstaves, official court stenographers, and interpreters, and court room employes.

(p) The clerk or clerks of the court for the county of Allegheny.

(q) The rebinding, re-indexing, and transcribing of records in county offices.

(r) The fees of county officers.

(2 amended June 9, 1931, P.L.401, No.46)

Section 3. Effect of Act on Existing Laws.--The provisions of this act, as far as they are the same as those of existing laws, shall be construed as a continuation of such laws, and not as new enactments. The repeal by this act of any provision of law, shall not revive any law heretofore repealed or superseded, nor affect the existence or class of any county heretofore created. The provisions of this act shall not affect any act done, liability incurred, or right accrued or vested, nor affect any suit or prosecution pending or to be instituted to enforce any right or penalty, or punish any offense under the authority of such repealed laws.

All resolutions, regulations and rules, made pursuant to any act of Assembly repealed by this act, shall continue with the same force and effect as if such act had not been repealed. All local acts of Assembly applying to particular counties, not specifically repealed, shall continue in force, and any provisions of this act inconsistent therewith shall not apply to the counties affected by such local laws.

All acts and parts of acts of Assembly relating to counties, or to particular classes of counties, in force at the time of the adoption of this act, and not repealed hereby, shall remain in force in the same manner and with the same effect as prior to the adoption of this act.

Section 4. Holding of Office.--Any person holding office under any act of Assembly repealed by this act shall continue to hold such office until the expiration of the term thereof, subject to the conditions and salary attached to such office prior to the passage of this act.

Section 5. Reference to Other Acts.--Whenever in this act reference is made to any act by title, such reference shall also apply to and include any codifications wherein the provisions of the act referred to are substantially reenacted.

Section 6. Constitutionality.--The provisions of this act shall be severable, and, if any of its provisions are held to be unconstitutional, the decision of the court shall not affect the validity of the remaining provisions of this act. It is hereby declared as a legislative intent that this act would have been adopted by the General Assembly had such unconstitutional provisions not been included therein.

Section 7. Legislation According to Class.--The affairs of counties are herein and shall hereafter be legislated for and regulated by general laws, applicable to all counties, or to particular classes, as herein fixed and appointed. All laws adopted by the General Assembly for one or more of the classes herein fixed and appointed shall be deemed to be general laws.

Section 8. Proceedings for Recovery of Penalties.--Unless herein otherwise specially provided, in every case in which any pecuniary penalty or forfeiture is imposed by this act, the proceeding for the recovery of the same shall be by indictment in the court of quarter sessions, or by civil action as debts of equivalent amount are by law recoverable. Aldermen or justices of the peace shall not have jurisdiction of any suit or action for the recovery of any penalty imposed by this act for official misconduct. Such suit or action, when brought in the court of common pleas, shall have preference for trial over all other actions.

Section 9. Publication of Legal Notices.--Whenever, under the provisions of this act, advertisement, notice or publication is required to be published in one newspaper, such publication shall be made in a newspaper of general circulation, as defined by the Newspaper Advertising Act of May sixteenth, one thousand nine hundred and twenty-nine (Pamphlet Laws, one thousand seven hundred eighty-four), printed in the county, unless the matter in connection with which the advertising is being done affects only a municipal district, in which case such advertisement shall be published in a newspaper printed in such municipal district, if there is such a newspaper, and if not, then in a newspaper circulating generally in such municipal district. If such notice is required to be published in more than one newspaper, it shall be published in at least one newspaper of general circulation, defined as aforesaid, printed, if there be such a newspaper, or circulating generally as above provided in the county. When such notice relates to any proceeding or matter in any court, or the holding of an election for the increase of indebtedness, or the issue and sale of bonds to be paid by taxation, such notice shall also, in counties of the second, third, fourth and fifth classes, be published in the legal newspaper, if any, designated by the rules of court of the proper county for the publication of legal notices and advertisements, unless such publication be dispensed with by special order of court: Provided, however, That ordinances, auditors' statements, summaries of auditors' statements, advertisements inviting proposals for public contracts and for bids for materials and supplies, or lists of delinquent taxpayers, shall be published only in newspapers of general circulation, defined as aforesaid.

(9 added June 9, 1931, P.L.401, No.46)

ARTICLE II

ENUMERATION; CORPORATE POWERS; CLASSIFICATION

AND TERRITORIAL LIMITS OF COUNTIES

(a) DIVISION OF THE STATE INTO COUNTIES; CORPORATE POWERS

Section 21. Enumeration of Counties.--The State shall be divided into the following named counties, as now by law established, to wit: Philadelphia, Bucks, Chester, Lancaster, York, Cumberland, Berks, Northampton, Bedford, Northumberland, Westmoreland, Washington, Fayette, Franklin, Montgomery, Dauphin, Luzerne, Huntingdon, Allegheny, Mifflin, Delaware, Lycoming, Somerset, Greene, Wayne, Adams, Centre, Beaver, Butler, Mercer, Crawford, Erie, Warren, Venango, Armstrong, Indiana, Jefferson, McKean, Clearfield, Potter, Tioga, Cambria, Bradford, Susquehanna, Schuylkill, Lehigh, Lebanon, Columbia, Union, Pike, Perry, Juniata, Monroe, Clarion, Clinton, Wyoming, Carbon, Elk, Blair, Sullivan, Forest, Lawrence, Fulton, Montour, Snyder, Cameron and Lackawanna.

Section 22. General Powers.--Each county shall have capacity as a body corporate to:

(a) Sue and be sued by the name of the county of ...................................................

(b) Take and hold real estate within its limits, and also personal property. Such real and personal estate shall be taken and held only for the benefit of the inhabitants of the county, and for such objects and purposes as county rates and levies are authorized by law to be laid for.

Section 23. Vesting of Corporate Power.--The corporate power of each county shall be vested in a board of county commissioners.

Section 24. County Seals.--Each county shall have a seal, which shall be in the custody of the commissioners thereof. The official acts of the commissioners shall be authenticated therewith. There shall be engraved upon such seal the same device as is engraved on the great seal of the State, together with the name of the county.

(b) CLASSIFICATION

Section 31. Counties Divided Into Eight Classes.--For the purposes of legislation and the regulation of their affairs, counties of this Commonwealth, now in existence and those hereafter erected, shall be divided into eight classes as follows:

Those having a population of one million eight hundred thousand inhabitants and over shall constitute the first class.

Those having a population of eight hundred thousand and more, but less than one million eight hundred thousand inhabitants, shall constitute the second class.

Those having a population of two hundred and fifty thousand and more, but less than eight hundred thousand inhabitants, shall constitute the third class.

Those having a population of one hundred fifty thousand and more, but less than two hundred and fifty thousand inhabitants, shall constitute the fourth class.

Those having a population of ninety-five thousand and more, but less than one hundred fifty thousand inhabitants, shall constitute the fifth class.

Those having a population of forty-five thousand and more, but less than ninety-five thousand inhabitants, shall constitute the sixth class.

Those having a population of twenty thousand and more, but less than forty-five thousand inhabitants, shall constitute the seventh class.

Those having a population of less than twenty thousand inhabitants shall constitute the eighth class.

(31 amended June 29, 1951, P.L.947, No.187)

Section 32. Ascertainment, Certification and Effect of Change of Class.--The classification of counties shall be ascertained and fixed according to their population by reference from time to time to the last preceding decennial United States census, deducting therefrom the number of persons residing on any lands that have been ceded to the United States. Whenever it shall appear by any such census that any county has attained a population entitling it to an advance in classification, or that a county has heretofore or hereafter decreased in population so as to recede in classification, as herein prescribed, it shall be the duty of the Governor, under the great seal of this Commonwealth, to certify that fact accordingly, to the board of county commissioners on or before the first day of October of the year succeeding that in which the census was taken, or as soon thereafter as may be practicable, having in mind the county offices which will be affected by such a certification, which certificate shall be forwarded by the commissioners to the recorder of deeds and be recorded in his office.

Changes of class, ascertained and certified as aforesaid, shall become effective on the first day of January next following the year in which the change was so certified by the Governor to the county commissioners, except that salaries of county officers shall not thereby be increased or decreased during the terms for which they shall have been elected; and, Provided, That in the municipal election following such certification of change of class and preceding the effective date of such change, the proper number of persons shall be elected to fill any elective office or offices which will exist in the county by the change of classification certified, and that no election shall be held for any office which will be abolished as a result of such change of classification.

(32 amended June 29, 1951, P.L.947, No.187)

Section 36. Commission to Survey and Mark Line Between Two Adjoining Counties.--If upon petition of a taxpayer, or of the commissioners of any county, presented to the court of quarter sessions of any two adjoining counties, it shall appear to such courts that the county line between such counties, or any part thereof, should be surveyed and marked, a commission of three surveyors to designate, survey and mark the same shall be appointed.

The respective courts of quarter sessions of such counties shall each appoint one surveyor, and the two surveyors so appointed shall appoint one surveyor. If any of the said surveyors, so appointed, shall refuse to serve, remove from the State, die, resign, or shall be incapacitated and unable from any cause to perform the duties required, the appointment of substitutes shall be made in conformity with the provisions of this section for the original appointment of such surveyor.

Section 37. Compensation and Expenses; Assistants.--The surveyors composing such commission shall each receive a compensation of ten dollars per day, for all time necessarily spent in the discharge of their duties, and, in addition thereto, shall be reimbursed the necessary expenses paid by them respectively while engaged upon the work of such commission. The commission may employ as assistants an axeman and two chain-carriers, at a compensation of two dollars a day each, who shall likewise be reimbursed the actual necessary expenses paid by them respectively while employed by such commission. The necessary expenses of advertising the meeting of the commissioners, pursuant to the direction of this act, and in procuring and setting the monuments needful to mark in a permanent manner such county line, and the expenses of the commission, shall be paid by such counties jointly, in equal parts, upon presentation of properly itemized bills, duly verified by affidavit of the person claiming payment or some one on his behalf.

Section 38. Oath; Organization and Duties.--The members of such commission shall take and subscribe an oath to perform their duties impartially and with fidelity. Such commission shall meet and organize within two months of its appointment. It shall select from its membership a chairman, and also a secretary, who shall keep a full record of the proceedings and work of the commission. Before entering upon its duties, it shall appoint, by advertisement in not more than two news-papers published in each of said counties, a time and place of meeting, when and where parties interested shall be heard. After such hearing, it shall, without unreasonable delay, ascertain the location, and survey and mark with suitable monuments of a permanent character the existing county line between such counties, if it shall consider such old county line a proper one.

Section 39. Establishment of New County Line.--When the commission has ascertained, located, and determined said line, if it appears to it that the existing county line, from any cause whatever, has become inconvenient for any purpose, or improper, difficult to ascertain, or not related to the natural or other land marks, the commission shall report these facts; or any of them, to the courts of quarter sessions of the counties interested, with a recommendation that a new county line be established in whole or in part. Thereupon, if said courts of quarter sessions shall be of opinion that it is to the interest and advantage of the respective counties that a new county line be established, they may direct said commission to fix and determine such new county line and to mark the same with suitable monuments. Notice shall be given to the owners of all lands which will be affected by the proposed change of the time when the recommendation of the commission for a new county line will be considered by each of said courts.

Section 40. Report of Commission.--The commission, or a majority thereof, shall make a report in writing and attach thereto a map or draft showing the courses and distances of the line ascertained and designated by them as the existing county line, or, where they may have been directed to fix and determine a new county line, such map or draft, in lieu thereof, shall show the courses and distances of such new county line. In either case, said map or draft shall also show the lands through which said line passes and the buildings in close proximity thereto, together with the roads and streams crossed by or near to such line. Duplicate copies of such report and map, signed by the members of the commission, or a majority of them, shall be filed in the court of quarter sessions of each of such counties, and, if approved by such courts, shall be ordered recorded in the records thereof. The line, so ascertained, surveyed, and fixed, and so marked, shall henceforth be the boundary line between such counties. The clerk of the court of quarter sessions shall certify the approval of the court on one of the copies of the report and map filed in his office, and immediately transmit the same by mail to the Secretary of Internal Affairs, to be by him deposited in his department.

Section 41. Procedure for Transfer of Portion of One County to Another.--Where a part of the county, or a borough which constitutes a part of a county, is so located that it is to the best interest of such part of a county, or borough, so located, and of the inhabitants thereof, and of the inhabitants of the adjoining county or city, that such part of a county or borough be annexed to an adjoining county, the court of quarter sessions of the county wherein such part or borough is then situate may, on petition, decree such alterations of the boundaries of the county as shall be for the best interest of the inhabitants aforesaid and of the inhabitants of the adjoining county or city. The term "part of county," as used in this act, shall not include an area greater than two hundred and fifty acres, nor an area containing a population of over two thousand inhabitants.

Section 42. Contents of Petition.--The petition shall not be considered, unless it shall:

(1) Be signed by not less than two-thirds of the qualified electors of the part of the county or borough so located; and

(2) Be signed by not less than two-thirds, in number and interest, of the owners of real estate in such part of a county or borough, the valuation to be as shown by the triennial assessment for county purposes last preceding the presentation of the petition. The owners of an undivided interest shall be regarded as one person;

(3) Be verified as to the genuineness of the signatures by a qualified elector of the county.

Section 43. Notice; Hearing.--When the petition is presented, the court shall fix a day for hearing it, and direct that notice of the presentation of the petition and of the day of hearing shall be given to the commissioners of the counties affected by the proposed change of boundaries. If one of the counties affected is coterminous with a city, the notice shall also be given to the council of the city. The counties, or city, or both, may file answers to said petition, and, if any city to which said part of a county or a borough would be attached for municipal and school purposes answers that by ordinance it has taken action against the change of said boundary, the proceedings shall be dismissed by the court. On the day fixed for hearing, or as soon thereafter as the business of the court will permit, the court shall hear all parties in interest, and shall make such decree as to the court shall seem right and proper.

Section 44. Appointment of Auditor.--When the court decrees an alteration of the boundaries of any such counties, it shall appoint an auditor, who shall conduct such hearings and make such investigations as the court may direct. Notice of such hearings and investigations shall be given by the auditor as directed by the court. When the auditor shall complete the hearings and investigations, he shall report to the court.

Section 45. Report of Auditor.--The report of the auditor shall include:

(1) The total assessed valuation of the subjects of taxation in the county from which a part is to be taken.

(2) The total assessed valuation of the subjects of taxation in the part proposed to be taken from such county.

(3) The total amount of indebtedness of the county from which a part is to be taken.

(4) The value of all real property to be transferred from one county to another by reason of the alteration of boundaries.

(5) An adjustment of the indebtedness and of the property of the counties affected by the alteration of boundaries.

(6) A form of decree altering the boundaries as aforesaid and adjusting the indebtedness of the counties affected.

Section 46. Proceedings on Decree.--The decree shall be confirmed nisi by the court. If exceptions are not filed thereto within ten days from the date of the decree, or, if an appeal therefrom is not taken within ten days, the decree shall be absolute. It shall there upon be recorded in the office of the recorders of deeds of the counties affected by the change. Upon such recording, the boundaries of the respective counties shall be fixed according to the decrees. The decree absolute shall be enforced as decrees in equity are enforced.

Section 47. Transfer of Territory to Other County.--Where county boundaries are changed as hereinbefore provided, and a part of a county or a borough becomes part of another county, if the county to which said part of a county or borough is transferred constitutes a city, the part or borough so transferred shall become a part of the city, and be subject to the government of the city, and the local government theretofore existing shall cease, and the property and assets of such local government, or of the school district thereof, shall become the property and assets of the city and the city school district to which it is attached.

ARTICLE III

COUNTY OFFICERS

(a) GENERAL PROVISIONS

Section 51. Enumeration of Elected Officers.--In each county, there shall be the following officers elected by the qualified electors of the county: (a) three county commissioners; (b) three auditors, or in all counties where the office of auditor has heretofore or shall hereafter be abolished, one controller; (c) one treasurer; (d) one county surveyor; (e) one coroner; (f) one recorder of deeds; (g) one prothonotary; (h) one clerk of the court of quarter sessions and of the court of oyer and terminer; (i) one clerk of the orphans' court; (j) one register of wills; (k) one sheriff; (l) one district attorney; and (m) two jury commissioners. All such offices shall remain as now constituted in each county.

All such officers shall be elected at the municipal election next preceding the expiration of the terms of the officers now in office, and quadrennially thereafter, and shall hold their offices for a term of four years from the first Monday of January next after their election and until their successors shall be duly qualified, but in the event that any such officer, so elected, excepting a county commissioner or auditor, shall fail to qualify, or if no successor shall be elected, then the officer then in office shall continue in office only until the first Monday of January following the next municipal election, at which time his successor shall be elected for a term of four years. In the case of a county commissioner or auditor there shall be a vacancy which shall be filled as provided in this act. This section does not create any office in any county where such office does not now exist.

(51 amended May 11, 1949, P.L.1127, No.337)

Section 52. Incompatible Offices.--No county officer shall, at the same time, serve as a member of council of any city, borough, or town, nor as school director of any school district.

No member of Congress from this State, nor any person holding or exercising any office or appointment of trust or profit under the United States, shall, at the same time, hold or exercise any county office in this State to which a salary, fee, or perquisites are attached.

Section 53. Oath of Office.--All county officers, their deputies, assistants and clerks, shall, before entering on the duties of their respective offices or employments, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States, and the Constitution of this Commonwealth; and that I will discharge the duties of my office (or employment) with fidelity; that I have not paid or contributed, or promised to pay or contribute, either directly or indirectly, any money or other valuable thing to procure my nomination or election (or appointment), except for necessary and proper expenses expressly authorized by law; that I have not knowingly violated any election law of this Commonwealth, or procured it to be done by others in my behalf; that I will not knowingly receive, directly or indirectly, any money or other valuable thing for the performance or non-performance of any act or duty pertaining to my office (or employment) other than the compensation allowed by law."

The foregoing oath shall be administered by some person authorized to administer oaths, and shall be filed in the office of the prothonotary of the county in which the same is taken. Any person refusing to take said oath or affirmation shall forfeit his office, and any person who shall be convicted of having sworn or affirmed falsely, or of having violated said oath or affirmation, shall be guilty of perjury, and be forever disqualified from holding any office of trust or profit within this Commonwealth.

Section 54. Official Bonds.--The sureties to be furnished on the bonds of all county officers, and of all deputies, clerks, and assistants required by this or any other act of Assembly to give bond to the county and of probation or parole officers required by order of court to give bond to the county, shall be one or more surety companies, authorized to do business in the Commonwealth of Pennsylvania and which have been approved by the Insurance Commissioner of the Commonwealth,--the premiums for which bonds shall be paid out of the county treasury,--and, in counties of the sixth, seventh and eighth classes, also individual sureties. All bonds shall be approved by the court of common pleas. In counties of the sixth, seventh and eighth classes, where individual surety is offered for approval, no one person may qualify for more than one-fourth of the total amount of the bond required; such persons who shall be offered as sureties shall qualify in an aggregate over and above their individual liabilities to an amount equal to three times the amount stipulated in the bond. Each of said bonds shall be conditioned for the faithful discharge by such officer, his deputies and appointees, of all trusts confided in him, and of all duties required of him by law, for the faithful accounting and payment according to law of all money received by him, and shall be taken in the name of the proper county, and shall be for the use of the county and of the Commonwealth, and for the use of such other party or parties for whom he shall collect or receive money, as the interest of each shall appear in case of a breach of the conditions thereof. The custody of each of said bonds shall belong to the county controller, except the bond of the county controller, the custody of which shall belong to the county commissioners. In counties where the office of controller has not been established, the custody of all bonds shall belong to the county commissioners, except the bond of the commissioners and their chief clerk, the custody of which shall belong to the prothonotary. A copy of any of said bonds, certified by the county controller or the chief clerk to the county commissioners, or by the prothonotary, as the case may be, shall be competent evidence thereof in any judicial proceeding. Nothing herein contained shall affect the bonds required by law to be given by any county officer to the Commonwealth.

(54 amended April 3, 1945, P.L.115, No.53)

Section 54.1. Insurance to Protect Against Robbery, Burglary and Larceny.--Each county officer or employe who as part of his official duties handles money or has money in his possession at any time shall, in addition to any bond required by law, be covered by or furnish to the county adequate insurance indemnifying against the loss of such money through robbery, burglary and larceny. The cost of such insurance shall be paid by the county.

(54.1 added July 17, 1953, P.L.481, No.123)

Section 55. Officers to Have Commissions Recorded.--It shall be the duty of every county officer receiving a commission from the Governor, immediately after receiving such commission, to deliver the same to the recorder of deeds, by whom the same shall be recorded at the expense of such officer. No such officer shall execute any of the duties of the office to which he has been elected or appointed until after said commission has been so left for recording.

Section 56. Offices, Records and Papers to Be Kept at County Seat.--The commissioners, auditors, controller, treasurer, sheriff, recorder of deeds, prothonotary, clerk of courts of quarter sessions and oyer and terminer, clerk of the orphans' court, register of wills, recorder of deeds, and district attorney shall keep their respective offices, and all public records and papers belonging thereto, at the county seat, and in such building as may be erected or appropriated for such purpose, under a penalty in each case of five hundred dollars, to be recovered by action of debt, one-half thereof to be paid to the treasurer of the county to be applied by him to the payment of the erection or repairs of such buildings, and the other half thereof to be for the use of him who shall first sue for the penalty. The county commissioners shall furnish each of such officers with an office in the county building or other building at the county seat.

Section 57. Office Furniture, Stationery, Et Cetera.--The county commissioners shall, at the cost of the county, furnish the office furniture, equipment and supplies, blank books, blanks, dockets, books for records, stationery, postage, fuel, light, and janitor and telephone service, required for each of the county officers whose offices are located in the county buildings, or at such other places at the county seat as may be designated by the court, and all supplies used by the public in connection with such offices; and the county commissioners shall, at the cost of the county, furnish the office supplies, blank books, blanks, dockets, books for records, stationery, postage, and telephone service, required for each of the county officers whose offices are not required by law to be kept and maintained in county buildings or at the county seat.

(57 amended May 24, 1933, P.L.992, No.217)

Section 58. Officers to Secure Records, Books, Et Cetera, from Predecessors.--All persons elected or appointed to any county office shall demand and receive all records, books, drafts, plans, papers, seals or other official documents belonging to such office, from the person or persons who held the office immediately before his election or appointment, or from the heirs, executors, or administrators of such person.

Every person detaining from any person duly commissioned to any office any records, books, drafts, plans, papers, seals, or other documents belonging to such office, after reasonable demand therefor is made, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to undergo imprisonment until such records, books, drafts, plans, papers, seals or other documents, so found to be in his, her or their possession, shall be delivered to the proper officer, or until sooner discharged by order of the court, and to pay a fine not exceeding one hundred dollars, one-half to be paid to the officer from whom the documents were detained, and the other half to the use of the county.

Section 59. Deputies to Act in Certain Cases.--Whenever any county officer is authorized or required to appoint a deputy or deputies, such deputy or principal deputy, where there are more than one, shall, during the necessary or temporary absence of his principal, perform all the duties of such principal, and also, in case of a vacancy, until a successor is qualified, except in the case of a vacancy in the office of sheriff, where the coroner shall act as hereinafter provided, and except also in the case of a vacancy in the office of coroner, where the sheriff shall act as hereinafter provided.

No person temporarily succeeding to any county office by reason of the death or removal of the duly elected or appointed officer, shall execute any of the duties of such office until he has first taken oath and filed the bond required of the principal officer.

(59 amended June 9, 1931, P.L.401, No.146)

Section 60. Vacancies Not Otherwise Provided For.--In case of a vacancy, happening by death, resignation or otherwise, in any county office created by the Constitution or laws of this Commonwealth, and where no other provision is made by said Constitution, or by the provisions of this act, to fill said vacancy, it shall be the duty of the Governor to appoint a suitable person to fill such office, who shall continue therein and discharge the duties thereof until the first Monday of January next succeeding the first municipal election which shall occur two or more months after the happening of such vacancy. Such appointee shall be confirmed by the Senate if in session.

(60 amended June 9, 1931, P.L.401, No.146)

Section 61. County Officials to Furnish Information to Heads of the Governmental Departments.--It shall be the duty of all county officers to furnish, on application therefor, to the head of any department of the government of the Commonwealth such information and copies of such records or documents contained in their respective offices, as in the opinion of such head of department may be necessary or pertinent to the work of his respective department. The officer so furnishing information shall receive for his services in copying and forwarding the same such reasonable compensation as the Auditor General may determine. Such compensation shall be paid by the State Treasurer, out of moneys not otherwise appropriated, upon warrant from the Auditor General.

All county officers shall also furnish such information as may be requested by the chief of the Bureau of Municipalities of the Department of Internal Affairs, or his duly authorized deputy.

Section 62. Penalty for Neglect or Refusal to Perform Duties.--If any county officer neglects or refuses to perform any duty imposed on him by the provisions of this act, or by the provisions of any other act of Assembly, or by any rule of court, or other provision of law, he shall, for each such neglect or refusal, be guilty of a misdemeanor, and, on conviction thereof, be sentenced to pay a fine not exceeding five hundred dollars.

Section 63. Absconding Officers.--The office of any county officer absconding from the county shall be vacant to all intents and purposes.

Section 64. Commissioners, Treasurer, and Controller Not to Be Interested in Contracts.--It is unlawful for any county commissioner, treasurer, or controller to be in any wise, either directly or indirectly, personally interested in any contract to which the county is a party, or in the construction of any public work or improvement made or undertaken under the authority of the county commissioners, or to receive any reward or gratuity from any person so interested. Any person violating the provisions of this section shall be guilty of a misdemeanor, and, upon conviction, shall be sentenced to pay a fine not exceeding five hundred dollars ($500), and shall, by decree of the court, be removed from office.

(b) STATE ASSOCIATIONS

1. Commissioners, Solicitors and Chief Clerks:

Section 71. Organization; Annual Meetings; Purpose.--The county commissioners, together with the county solicitor and chief clerk to the county commissioners, of each county are hereby authorized to organize themselves into a State association, with the authority to hold annual meetings, at such time and place within the Commonwealth as they may designate, for the purpose of discussing the various questions arising in the discharge of their duties, and for the purpose of providing for a uniform and economical method of administering the affairs of the respective counties.

Section 72. Expenses to Be Paid by County; Time Limit on Meetings.--The actual expenses of the county commissioners, county solicitor and chief clerk, attending such meeting of said State association, including traveling expenses and hotel bills actually paid by them, expenses of committees, together with the necessary expenses of the convention, including printing and the employment of stenographers, shall be paid by the various counties by orders drawn on the county treasurer. The time spent in attending said meetings shall not be more than four days, exclusive of the time employed in traveling thereto and therefrom. The expenses here in mentioned as the necessary expenses of the convention shall not be more than fifty dollars to any county per annum.

In addition thereto and for the purpose of coordinating and devising uniform economical and efficient methods of administering the affairs of the several counties, the various questions and subjects pertaining thereto, the necessary expenses incurred in connection with the carrying on of the work and the activities of said State association to effectuate such purposes shall be apportioned among the counties holding membership in said association in the amounts as provided for by the rules and regulations of said State association, but shall not total per annum more than three hundred fifty dollars ($350) for any county of the second class, three hundred dollars ($300) for any county of the third class, two hundred fifty dollars ($250) for any county of the fourth class, two hundred dollars ($200) for any county of the fifth class, one hundred fifty dollars ($150) for any county of the sixth class, one hundred dollars ($100) for any county of the seventh class, or seventy-five dollars ($75) for any county of the eighth class: Provided, That such assessments shall be approved at each annual convention of said State association by a majority vote of the members present.

(72 amended June 20, 1947, P.L.698, No.303)

2. County Controllers:

Section 76. Formation Authorized; Purpose.--County controllers may form a State association of county controllers, and may hold meetings thereof for the purpose of discussing the various questions which arise in the discharge of their duties, and for such other purposes as will conduce to greater efficiency in their respective offices.

Section 77. Meetings.--The association of county controllers may meet at the same time and place as the State association of county commissioners, solicitors and chief clerks, and may meet in joint session with them if mutually agreed upon. It shall, however, have a separate session on at least two days of the annal meeting.

Section 78. Expenses of Members; Length of Meetings; Expenses.--Each controller or deputy controller and the solicitor to the controller shall be allowed his expenses actually and necessarily incurred in going to, attending and returning from the annual meeting of the association, but not exceeding twelve dollars per day, together with eight cents per mile in going to and returning from such meeting. The time spent in attending the meeting, exclusive of the time employed in traveling, shall not exceed three days. These expenses shall be paid by the respective counties. The expenses of the annual meeting of the association, including printing, committee expenses and stenographers, shall be paid by the counties having controllers, but shall not exceed sixty dollars per annum for each county in addition to the traveling expenses hereinbefore provided for.

(78 amended May 18, 1949, P.L.1465, No.435)

3. Sheriffs:

Section 81. Formation of State Association Authorized.--The sheriffs of the several counties of this Commonwealth are hereby authorized to organize themselves into a State association, with power to hold annual meetings at such time and place within the State as they may designate, for the purpose of securing more uniformity and cooperation in the conduct of their offices and improving their service to the public.

Section 82. Expenses of Members; Length of Meetings; Expenses.--Each sheriff or deputy sheriff, or solicitor representing any sheriff, shall be allowed all reasonable expenses, including hotel bills and traveling expenses actually incurred in going to, attending and returning from any annual meeting of the association, which shall be paid by the county of which he is an officer by orders drawn on the treasurer thereof, but such expenses shall not exceed twelve dollars per day together with eight cents per mile in going to and returning from such meeting. The time spent in attending such meeting shall not be more than three days, exclusive of the time employed in traveling thereto and therefrom. The expense of the annual meetings of the association, including any necessary amount for printing, committee meetings and stenographic service, shall be paid by the proper counties, but shall not exceed sixty dollars for each county the sheriff of which is a member of said association.

(82 amended May 11, 1949, P.L.1184, No.353)

4. District Attorneys:

Section 86. Formation; Purpose.--The district attorneys of the several counties of the Commonwealth are hereby authorized to organize themselves into a State association, with the authority to hold meetings at such times and places within the Commonwealth as they may designate, not to exceed one meeting in each year, for the purpose of discussing the various questions arising in the discharge of their duties, and for the purpose of providing for a uniform and economical method of administering the affairs of their respective offices.

Section 87. Expenses; Time Limit.--The actual expenses of the district attorneys attending such meetings of said State association, including traveling expenses and hotel bills actually paid by them, shall be paid by the various counties, out of the county funds, by orders drawn on the county treasury. The time spent in attending such meetings shall not be more than two days, exclusive of the time employed in traveling thereto and therefrom.

5. Probation Officers:

Section 91. Attendance on State Association or Conference of Probation and Parole.--The probation officers of the several counties of the Commonwealth are hereby authorized, as a part of their official duties, to attend the annual meeting of the State association or conference of probation and parole, for the purpose of discussing the various questions arising in connection with the work of their official positions, and ascertaining uniform and economical methods of administering their work.

Section 92. Expenses; Membership Subscription.--The actual expenses of the said probation officers in attending the said annual meeting, including traveling and hotel expenses actually paid by them, together with a membership subscription in said association or conference, said subscription not exceeding five dollars per annum, shall be paid by the county treasurer, upon warrant of the county commissioners, in the same manner as is provided for the payment of the compensation and expenses of such officers.

6. Registers of Wills:

Section 95. Formation; Purpose.--The registers of wills of the several counties of this Commonwealth are hereby authorized to organize themselves into a State association, with power to hold annual meetings at such time and place within the State as they may designate, for the purpose of securing more uniformity and cooperation in the conduct of their offices and improving their service to the public.

Section 96. Expenses; Time Limit.--Each register of wills, or deputy register of wills, or person representing any register of wills, shall be allowed all reasonable expenses, including hotel bills and traveling expenses actually incurred going to, attending and returning from any annual meeting of the association, but not exceeding twelve dollars per day, together with eight cents per mile in going to and returning from such meeting, in any one year, which shall be paid by the county of which he or she is an officer by orders drawn on the treasurer thereof. The time spent in attending such meetings shall not be more than three days, exclusive of the time employed in traveling thereto and therefrom. The expenses of the annual meeting of the association, including any necessary amount for printing, committee meetings and stenographic services, shall be paid by the proper counties, but shall not exceed sixty dollars for each county the register of wills of which is a member of said association.

(96 amended May 23, 1949, P.L.1697, No.514)

7. Prothonotaries and Clerks of the Court:

(Hdg. added June 12, 1947, P.L.583, No.251)

Section 98. Formation of State Association Authorized.--The prothonotaries and clerks of courts of quarter sessions of the several counties of this Commonwealth are hereby authorized to organize themselves into a state association with the power to hold annual meetings at such time and place within the State as they may designate for the purpose of securing more uniformity and cooperation in the conduct of their offices and improving their service to the public.

(98 added June 12, 1947, P.L.583, No.251)

Section 99. Expenses of Members; Length of Meetings; Expenses of Meetings.--Each prothonotary and clerk of court shall be allowed his expenses actually and necessarily incurred in going to, attending and returning from the annual meeting of the association, but not exceeding twelve dollars per day, together with eight cents per mile in going to and returning from such meeting. The time spent in attending such meeting shall not be more than three days, exclusive of the time employed in traveling thereto and therefrom. The expenses of the annual meeting of the association including printing, committee expenses, and stenographers, shall be paid by the respective counties but shall not exceed twenty-five dollars per annum for each county in addition to the traveling expenses hereinbefore provided.

(99 amended May 18, 1949, P.L.1464, No.434)

8. County Treasurers:

(Hdg. added May 18, 1949, P.L.1463, No.432)

Compiler's Note: The act of May 18, 1949 (P.L.1462, No.432) added Subdivision (b)8 heading to the act. The act of May 17, 1949 (P.L.1396, No.413) added Subdivision (b)8 heading to the act. The subject matter of these provisions is not the same but does not conflict in substance and both have been given effect.

Section 99.1. Formation Authorized; Purpose.--County treasurers may form a State association of county treasurers and may hold meetings thereof for the purpose of discussing the various questions which arise in the discharge of their duties and for such other purposes as will conduce to greater efficiency in their respective offices.

(99.1 added May 18, 1949, P.L.1463, No.432)

Section 99.2. Meetings.--The association of county treasurers may meet at the same time and place as the State associations of county commissioners, solicitors and chief clerks and controllers, and may meet in joint session with them if mutually agreed upon. It shall, however, have a separate session on at least two days of the annual meeting.

(99.2 added May 18, 1949, P.L.1463, No.432)

Section 99.3. Expenses of Members; Length of Meetings; Expenses.--Each treasurer and deputy treasurer shall be allowed their expenses actually and necessarily incurred in going to, attending and returning from the annual meeting of the association, but not exceeding twelve dollars per day, together with eight cents per mile in going to and returning from such meeting. The time spent in attending the meeting, exclusive of the time employed in traveling, shall not exceed three days. These expenses shall be paid by the respective counties. The expenses of the annual meeting of the association, including printing, committee expenses and stenographers, shall be paid by the respective counties, but shall not exceed twenty-five dollars per annum for each county, in addition to the traveling expenses hereinbefore provided.

(99.3 added May 18, 1949, P.L.1463, No.432)

8. Recorders of Deeds:

(Hdg. added May 17, 1949, P.L.1396, No.413)

Section 99.6. Formation Authorized; Purpose.--The recorders of deeds of the several counties of this Commonwealth are hereby authorized to organize themselves into a State association to be known as the "Recorders of Deeds Association of the Commonwealth of Pennsylvania," with power to hold annual meetings, at such time and place within the State as they may designate, for the purpose of securing more uniformity and cooperation in the conduct of their offices and improving their service to the public.

(99.6 added May 17, 1949, P.L.1396, No.413)

Section 99.7. Expenses of Members; Length of Meetings; Expenses of Meetings.--Each recorder of deeds shall be allowed his expenses actually and necessarily incurred in going to, attending and returning from the annual meeting of the association, but not exceeding twelve dollars per day, together with eight cents per mile in going to and returning from such meeting. The time spent in attending the meeting, exclusive of the time employed in traveling, shall not exceed three days. These expenses shall be paid by the respective counties. The expenses of the annual meeting of the association, including printing, committee expenses and stenographers, shall be paid by the respective counties, but shall not exceed twenty-five dollars per annum for each county, in addition to the traveling expenses hereinbefore provided.

(99.7 added May 17, 1949, P.L.1396, No.413)

9. Directors of Veterans' Affairs:

(Hdg. renumbered from 7 May 17, 1949, P.L.1396, No.413)

Section 99.11. Formation; Purpose.--The directors of veterans' affairs of the several counties of this Commonwealth are hereby authorized to organize themselves into a State association with power to hold annual meetings at such time and place within the State as they may designate for the purpose of securing more uniformity and cooperation in the conduct of their offices and improving their service to veterans.

(99.11 renumbered from 97 May 17, 1949, P.L.1396, No.413)

Section 99.12. Expenses; Time Limit.--Each director of veterans' affairs shall be allowed all reasonable expenses including hotel bills and traveling expenses actually incurred going to, attending and returning from, any annual meeting of the association, but not in excess of fifty dollars in any one year, which shall be paid by the county of which he or she is an officer by orders drawn on the treasurer thereof. The time spent in attending such meetings shall not be more than three days exclusive of the time employed in traveling thereto and therefrom. The expenses of the annual meeting of the association, including any necessary amount for printing, committee meetings and stenographic services shall be paid by the proper counties, but shall not exceed twenty-five dollars for each county, the director of veterans' affairs of which is a member of said association.

(99.12 renumbered from 98 May 17, 1949, P.L.1396, No.413)

Section 101. Election; Vacancies.--Three county commissioners shall be elected in each county in the year one thousand nine hundred and thirty-one, and every fourth year thereafter. In the election of commissioners, each qualified elector shall vote for no more than two persons. The three persons having the highest number of votes shall be elected. Any casual vacancy in the office of county commissioners shall be filled, for the balance of the unexpired term, by the court of common pleas of the county in which such vacancy shall occur by the appointment of an elector of the county who voted for the commissioner whose place is to be filled.

Section 102. Bond of Commissioners.--The county commissioners shall, before entering upon their official duties, each give bond for the faithful discharge of all duties enjoined upon them by law, and for the faithful and legal appropriation of all county and other moneys which said commissioners have any authority to draw out of the county treasury upon checks or orders given by them or over which they have control. Such bonds shall be acknowledged before the recorder of deeds of the county. Except in counties of the second class, the amount of such bonds shall be fixed by the court of common pleas at such sum as the court shall deem sufficient, not less than two thousand dollars each. In counties of the second class, the amount of such bonds shall be ten thousand dollars each.

Section 103. Eligibility.--No county commissioner shall be eligible to serve as member of the board of health during his continuance in office.

Section 104. Organization.--The county commissioners shall meet on the first Monday of January, in the year one thousand nine hundred and thirty-two, and on the first Monday of January every fourth year thereafter, in the office provided for them at the county seat for the purpose of organization.

Section 105. Quorum.--Two of the commissioners shall form a board for the transaction of business, and, when convened in pursuance of notice, or according to adjournment, shall be competent to perform all the duties appertaining to the office of county commissioners.

Section 106. Certified Copies of Proceedings to be Evidence.--Copies of the proceedings of the commissioners, and of all records in their possession, certified by their chief clerk under the county seal, shall be admitted in evidence in any of the courts within this Commonwealth.

Section 107. Power to Administer Oaths.--The commissioners shall respectively have power to administer oaths and affirmations in all cases arising in the performance of the duties of their office.

Section 108. Expenses.--The county commissioners shall be allowed their expenses, necessarily incurred and actually paid, in the discharge of their official duties, or in the performance of any service, office, or duty imposed upon county commissioners.

Section 109. Chief Clerk.--The county commissioners shall appoint a chief clerk, who shall hold his office for a term of four years. In case of a vacancy, by death, resignation or removal for cause, his successor shall serve for the unexpired time for which he was appointed. The chief clerk shall enter into a bond for the faithful performance of his duties, in such sum as may be designated by the commissioners. He shall receive such salary as the salary board shall determine.

(109 amended July 5, 1947, P.L.1308, No.524)

Section 110. Duties and Powers of Chief Clerk.--The chief clerk shall keep the books and accounts of the board of county commissioners, record and file their proceedings and papers, attest all orders and warrants issued by them, and perform all other duties pertaining to his office as chief clerk. He shall have general power to administer oaths and affirmations pertaining to the business of the commissioner's office.

Section 111. Records Open to Inspection.--The minute book and other fiscal records and documents of every county may be open to the inspection of any taxpayer thereof, but the proper officers may make reasonable rules and regulations respecting the time and place of such inspection. In case any officer shall refuse to permit the inspection of any fiscal record or document, the taxpayer may, by petition to the court of common pleas of the county, set forth his reasons for desiring to make such inspection, and, if the court deems such reasons proper, it shall order the officer to permit the inspection to be made.

(111 added July 12, 1935, P.L.730, No.288)

(d) AUDITORS

Section 121. Election and Vacancies.--In each county where the office of controller has not been established three county auditors shall be elected in the year one thousand nine hundred and thirty-one, and every fourth year thereafter. In the election of auditors, each qualified elector shall vote for no more than two persons. The three persons having the highest number of votes shall be elected. Any casual vacancy in the office of county auditors shall be filled, for the balance of the unexpired term, by the court of common pleas of the county, by the appointment of an elector who voted for the auditor whose place is to be filled.

Section 122. Eligibility.--No person shall be eligible to the office of county auditor who, within two years shall have been treasurer of the county. No person holding the office of county auditor shall at the same time be county treasurer.

Section 123. Meetings; Quorum.--The auditors shall assemble at the county seat on the first Monday of January in each year, and at such times as they may find necessary, for the performance of the duties required of them by law. Any two auditors, when duly convened, shall be a quorum for the purpose of transacting any business.

Section 124. Counsel; Compensation.--The auditors may employ a competent attorney-at-law to act as their counsel and attorney. Such attorney shall be paid, out of the funds of the county, such reasonable compensation for his services as the salary board shall determine.

(124 amended July 5, 1947, P.L.1308, No.524)

(e) CONTROLLER

Section 131. Election and Term; Seal.--At the municipal election immediately preceding the expiration of the term of the controller now in office, and quadrennially thereafter, the qualified electors of each county of the second, third, fourth and fifth classes, and of every other county where the office of controller has been or may hereafter be established, including counties in which the office was established by general law, or otherwise, while such counties were in a higher classification, shall elect one citizen of the county, who shall serve as controller for the term of four years from the first Monday of January following his election, or until his successor shall be qualified, if he so long shall behave himself well.

Each county controller shall be provided with an official seal of his office by the county commissioners of such county, which shall be used for the attestation of all official papers.

(131 amended June 9, 1931, P.L.401, No.146)

Section 132. Eligibility.--No person holding office under the United States shall be eligible to the office of county controller during his continuance in such office, nor until one year thereafter. The county commissioners, county treasurer, prothonotary, register of wills, clerk of the courts, recorder of deeds, sheriff and district attorney, and their chief clerks or deputies, shall be ineligible, during their continuance in such office and for two years thereafter, to the office of county controller. The controller shall always be eligible to re-election or appointment.

Section 133. Bond of Controller.--Before entering on the duties of his office, the controller shall give bond to the county for which he is appointed or elected, in the sum of fifty thousand dollars in counties of the second class and twenty thousand dollars in all other counties, conditioned for the faithful performance of his duties and those of his deputy.

Section 134. Deputy Controller and Clerks; Compensation.--The controller shall appoint a deputy controller, and may appoint one or more of the clerks employed in his office to administer, to all persons, oaths and affirmations, pertaining to the business of the office, with the same force and effect as if administered by the controller or deputy controller.

The salaries of such deputies and clerks shall be fixed by the salary board.

(134 amended June 9, 1931, P.L.401, No.146)

Section 135. Solicitor to the Controller.--The county controller may designate and appoint one person learned in the law to act as his solicitor. Such solicitor shall advise upon all such legal matters as may be submitted to him and shall conduct any litigation desired by the county controller. He shall hold office at the pleasure of the controller. He shall receive such salary as may be fixed by the salary board.

(135 amended July 5, 1947, P.L.1308, No.524)

Section 136. Establishment of Office of Controller in Counties of the Sixth, Seventh and Eighth Classes.--(a) The office of controller may be established in any county of the sixth, seventh, or eighth class, by petition to the court of common pleas of such county of five per centum of the number of electors who voted at the general or municipal election, as the case may be, next preceding the date of such petition. The petition shall include the signatures of a majority of the elected officers of the county. Upon presentation of such petition, the court, after consideration of the petition and hearing, if any requested by taxpayers, shall, if it deems the same to be for the best interests of the county, direct that, at the next municipal election and quadrennially thereafter, the electors of such county shall choose a citizen of the county for the office of controller, in place of the county auditors. Such person shall serve for a term of four years, or until his successor is qualified, if he shall so long behave himself well. Upon the filing of such decree, the prothonotary shall transmit certified copies thereof to the county commissioners, the sheriff and to the Governor. Upon receipt thereof, the sheriff shall give at least thirty days public notice by proclamation, in addition to any other notice required by law. Such proclamation shall be printed three times in every newspaper of general circulation in the county, and shall contain a notice that a citizen of said county is to be elected at the next ensuing municipal election for the office of county controller. Such controller shall be nominated and elected in compliance with the provisions of the general election laws.

(b) The office of controller may also be established in any county of the sixth, seventh or eighth class by the affirmative vote of a majority of the electors of the county voting on the question submitted as herein provided at any general, municipal or primary election. The question shall be submitted to the electors of the county upon demand in writing of one hundred (100) qualified electors. Such petition shall be filed with the county commissioners at least sixty days before the day of any general, municipal or primary election at which the question is to be submitted. If the petition is sufficiently signed the county commissioners shall cause the question to be submitted in the manner provided by the election laws of this Commonwealth. If the majority of electors voting on the question shall vote in favor of establishing the office of county controller, such office shall thereby by established and at the next municipal election and quadrennially thereafter the electors of the county shall choose a citizen of the county for the office of controller in place of the county auditors.

(136 amended May 21, 1943, P.L.384, No.179)

Section 137. Appointment by Governor; Duties of Auditors; Abolition of Office of Auditor.--Whenever the office of controller is established in any county under the provisions of the preceding section of this act, or by a change in class of such county, the Governor shall appoint a suitable person to act as controller of said county until his successor in office is duly elected and installed. Upon the appointment of a controller, as provided in this section, the county auditors then in office shall proceed to audit all accounts as is now or may hereafter be required by law, and shall file a report of such audit with the controller so appointed, not later than three months after the controller assumes his office, whereupon the said office of county auditor shall be abolished and cease to exist in said county.

Section 138. Expenses.--The county controller and his deputies, clerks, and auditors shall be allowed their expenses necessarily incurred and actually paid in the discharge of their official duties, or in the performance of any service or duty imposed upon them.

(138 added June 9, 1931, P.L.401, No.146)

(f) TREASURER

Section 141. Election of County Treasurer.--At the municipal election immediately preceding the expiration of the term of the county treasurer in office in any county, and quadrennially thereafter, the qualified electors of each county shall elect a suitable person to serve as county treasurer, for a term of four years, and who shall enter upon the duties of his office on the first Monday of January next after his election, and perform all the duties enjoined by law on the several county treasurers of this Commonwealth. The election shall be held, and returns of election made, in the manner prescribed by law in the case of county commissioners, and the validity of the election or return be subject to like trial and examination in case of a contest.

Section 142. Eligibility.--No judge, clerk or prothonotary of any court, register of wills, recorder of deeds, county commissioner, county controller, or county auditor shall be eligible to serve as county treasurer during their continuance in office. No county treasurer shall be eligible for the term next succeeding the one for which he may be elected.

Section 143. Bond.--Each county treasurer shall, before entering upon the duties of his office, give bond, conditioned for the faithful performance of the duties of his office, for a just account of all moneys that may come into his hands on behalf of the county and any borough, town, township, school district or poor district within the county, 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 belonging to the county and any borough, town, township, school district and poor district remaining in his hands. The amount of such bond in counties of the second class shall be two hundred thousand dollars. In all other counties the amount thereof shall be fixed by the county commissioners. In the event that the treasurer and commissioners take office at the same time, the amount of the treasurer's bond shall be fixed by the new board of commissioners.

(143 amended May 23, 1933, P.L.950, No.185)

Section 144. Removal from Office.--(144 repealed Apr. 11, 1949, P.L.428, No.62)

Section 145. Bond in Favor of Commonwealth.--Each county treasurer shall also, before entering upon the duties of his office, give bond with sufficient security, to be approved of by at least two of the judges, if there is more than one judge of the court of quarter sessions in the county, and in such penalty as the said judges shall deem sufficient, conditioned for the faithful discharge of all duties enjoined upon him by law in behalf of the Commonwealth, and for the payment according to law of all moneys received by him for the use of the Commonwealth, which bond shall be taken by and acknowledged before the recorder of deeds of the same county, and recorded in his office, and the original bond shall be forthwith transmitted to the Auditor General. The cost of the bond, its acknowledgment and recording shall be borne by the Commonwealth.

Copies of the record of such bond, duly certified by the recorder of deeds for the time being, shall be good evidence in any action brought against such treasurer or his sureties on such bond, according to its form and effect, in the same manner as the original would be if produced and offered in evidence.

(145 amended May 18, 1945, P.L.683, No.289)

Section 146. Removal from Office for Failure to Transmit Bond to Auditor General; Appointment to Fill Vacancy.--If any county treasurer shall fail to transmit to the Auditor General, within one month after his appointment, the bond required by this act to be given by him for the use of the Commonwealth, the Auditor General shall give notice thereof to the county commissioners, who shall forthwith proceed to remove such treasurer from office in the manner provided by section one hundred and forty-four.

Section 147. When Auditor General to Deliver Up Bond of Treasurer.--It shall be the duty of the Auditor General, at the request of any person who may be authorized for that purpose, to deliver up the bonds and obligations entered into by the county treasurers of the several counties of the State for the faithful performance of their duties, after the Auditor General and State Treasurer shall be fully satisfied that the said county treasurer has settled his accounts and paid all demands due the Commonwealth: Provided, Such bond shall be held by the Auditor General one year after the settlement of said accounts.

Section 148. Misapplication of Funds Collected for Specific Purposes.--Whenever any moneys are collected by law in any county for any special purpose, and paid into the hands of the treasurer of such county, it shall be unlawful for such treasurer to apply such moneys, or any part thereof, to any other purpose than that for which such moneys were collected. Every such misapplication shall be a misdemeanor, upon conviction whereof such treasurer shall be punished by a fine of not less than the amount so misapplied, and by imprisonment for not less than three months nor more than one year.

Section 149. Deputy in Second and Third Class Counties.--That the county treasurer in counties of the second class is hereby authorized to appoint, in lieu of a chief clerk, a deputy county treasurer, who shall perform such duties as shall be prescribed by the county treasurer. The salary of the deputy county treasurer, in counties of the second and third classes, shall be fixed by the salary board, and shall be paid by the county from the county treasury in the manner provided by law.

(149 amended June 9, 1931, P.L.401, No.146)

Section 150. Compensation in Certain Counties.--In counties where no annual salary is fixed by law for the county treasurer, he shall receive, in full compensation for his services on behalf of the county, a certain amount per centum on all moneys received and paid by him, which rate shall be settled from time to time by the county commissioners with the approbation of the county auditors.

(g) SOLICITOR

Section 151. Appointment; Qualifications; Term; Compensation.--The county commissioners may appoint a county solicitor, who shall be an attorney at law admitted and qualified to practice in the courts of this Commonwealth. He shall hold his office during the term of the commissioners appointing him, and shall receive such compensation as the salary board may determine. He shall, before entering upon the duties of his office, file with the county commissioners an agreement to pay all fees, attorney's fees, and commissions received from every source as county solicitor into the county treasury.

(151 amended July 5, 1947, P.L.1308, No.524)

Section 152. Duties.--He shall commence and prosecute all suits brought, or to be brought, by the county, wherein or whereby any rights, privileges, properties, claims or demands of the county are involved, as well as defend all actions or suits brought against the county, and shall perform all duties now enjoined by law upon county solicitors, and shall do all and every professional act incident to the office which may be required of him by the commissioners.

Section 153. Stenographer.--In counties of the third class, the county solicitor may, with the consent of the county commissioners, employ a stenographer as an assistant in his office, who shall receive such salary as may be fixed by the salary board.

(153 amended June 9, 1931, P.L.401, No.146)

Section 154. Assistant Solicitor, Third Class Counties.--In counties of the third class, the county commissioners may appoint an assistant county solicitor, whose salary shall be set by the salary board as provided by law, and who shall perform such duties in connection with the legal affairs of the county as may be assigned to him by the county commissioners or the county solicitor.

(154 added June 9, 1931, P.L.401, No.146)

Section 155. Assistant Solicitors, Clerks and Stenographers.--In counties of the second class, the county solicitor may, with the consent and approval of the county commissioners, appoint to assist him in the discharge of the duties of his office assistant solicitors, who shall be attorneys at law admitted and qualified to practice in the courts of this Commonwealth, and clerks and stenographers. The number and compensation of such assistants, clerks and stenographers shall be fixed by the salary board.

(155 amended July 5, 1947, P.L.1308, No.524)

(h) SURVEYOR

Section 160. Election of County Surveyor.--The qualified voters of each county shall, at the municipal election immediately preceding the expiration of the term of the county surveyor then in office, and quadrennially thereafter, elect one competent person, being a practical surveyor, to act as county surveyor £or the proper county for a term of four years.

Section 161. Qualifications, Duties and Compensation; Vacancies.--The county surveyor shall be a practical surveyor, and shall do and perform all the duties and have and receive all the emoluments formerly pertaining to the respective deputies of the surveyor-general.

Any vacancy occasioned by death, resignation, removal or otherwise, shall be filled by the court of quarter sessions, by the appointment of a competent person, being a practical surveyor, to fill such vacancy during the balance of the unexpired term.

Section 162. Removal by Court of Quarter Sessions.--The courts of quarter sessions of the respective counties shall have power, on cause shown, to remove the county surveyor for neglect, refusal, incompetency or inability to perform the duties of his office, and shall also remove him upon his conviction of any infamous crime or misdemeanor.

(i) ENGINEER

Section 166. Appointment; Term; Compensation.--The county commissioners of any county may appoint a registered professional engineer, who shall be styled the county engineer. Such engineer shall serve for a term of four years, and shall receive such compensation as the salary board shall fix.

(166 amended July 5, 1947, P.L.1308, No.524)

Section 167. Duties.--The county engineer shall prepare plans, specifications, and estimates of all engineering work undertaken by the county, and shall, whenever required, furnish the commissioners with reports, information, or estimates on any such work, and, in general, shall perform all such duties with reference to any county engineering work as the county commissioners may from time to time prescribe.

(j) BOARD OF VIEWERS

Section 171. Number of Members; Qualifications; Compensation.--There is hereby established in each county a board of viewers. The board of viewers, in counties of the second class, shall consist of not less than six nor more than nine members, one-third of whom may be learned in the law and members of the bar of the county. In each county of the third, fourth, fifth, sixth, seventh, and eighth classes, said board shall consist of not less than three nor more than nine members, one-third of whom may be registered surveyors or members of the bar of the county, except that in counties of the eighth class, if no registered surveyors are resident in the county, registered surveyors not resident in the county may be appointed. The judges of the court of common pleas shall, in each case, determine, within the aforesaid limits, the total number of members of which the board shall be composed, fixing and determining such number as shall be deemed necessary for the proper performance of the duties imposed upon the board. The court may also from time to time change the total number of members within the above limits.

The salary board of each county shall fix the compensation of the members of the board of viewers.

(171 amended May 14, 1953, P.L.193, No.12)

Section 172. Qualifications.--Each member of the board of viewers must be at least twenty-five years of age, must be a freeholder, must be a qualified elector of the county, and must not be engaged in any public employment of profit. The office of any member of the board shall be vacant immediately upon his ceasing to be a resident of the county in which he was appointed, or upon his ceasing to possess any of the qualifications above required. The court of common pleas shall, from time to time, determine summarily any facts thus bringing about a vacancy in the office.

(172 amended June 9, 1931, P.L.401, No.146)

Section 173. Appointment of Members; Vacancies; Rules and Regulations.--The members of the board of viewers shall be appointed by the judges of the court of common pleas; all vacancies happening from any cause shall be filled by appointment by the judges of the court of common pleas. In counties having more than one court of common pleas, the judges of all courts of common pleas shall meet as a body and shall make such appointment. In judicial districts which comprise more than one county, such appointment for each county shall be made by the judge or judges of the judicial district in which said county is situate.

The courts of common pleas of the respective counties shall make such rules and regulations for the government of said boards and the proceedings thereof as they, respectively, shall deem proper; which rules and regulations said courts may, from time to time, alter, amend, modify or rescind.

(173 amended June 9, 1931, P.L.401, No.146)

Section 174. Term of Office; Removal.--Each of the members of the board of viewers shall be appointed for a term of three years from the date of his appointment, whether such appointment be to fill an original or partly expired term. Members may be reappointed from time to time when vacancies occur. All appointments shall be subject to the power of the court of common pleas, at any time, for causes to them satisfactory, to remove members of said board before the expiration of their respective term of office, and to appoint successors.

Section 175. Power to Administer Oaths.--Any member of any board of viewers shall have general power to administer oaths and affirmations to other viewers of the same county, to witness before them, and to other persons, pertaining to the business and duties of the board of viewers.

Section 176. Clerks and Stenographers.--The board of viewers may employ such stenographers and clerical assistants, and at such salaries, as shall be authorized by the salary board, or by the county commissioners in counties where there is no salary board.

(k) SHERIFF AND CORONER

1. Sheriff:

Section 180. Election of Sheriff.--At the municipal election immediately preceding the expiration of the term of office of the sheriff of any county, and quadrennially thereafter, the electors of such county shall elect a sheriff, who shall hold office for a term of four years from the first Monday of January succeeding such election, and until his successor is elected and qualified.

Section 181. Eligible to Succeed Himself.--The sheriff shall be eligible for the term next succeeding the one for which he was elected.

(181 amended May 2, 1947, P.L.150, No.64)

Section 182. Recognizances.--Every sheriff, whether elected or appointed to fill a vacancy, before he is commissioned or executes any of the duties of his office, shall enter into a recognizance and become bound in a bond, with at least two sufficient sureties, in the sums and manner hereafter mentioned. The form of such recognizance shall be as follows, to wit: You (A. B., C. D., and E. F.) do acknowledge that you owe unto the Commonwealth of Pennsylvania, the sum of ............. to be levied and made of your several goods and chattels, lands and tenements, upon condition that if you (A. B.) shall and do, without delay and according to law, well and truly serve and execute all writs and process of the Commonwealth of Pennsylvania to you directed, and shall and do, from time to time, upon request to you for that purpose made, well and truly pay or cause to be paid to the several suitors and parties interested in the execution of such writs and process, their lawful attorneys, factors, agents or assigns, all and every sum and sums of money to them respectively belonging, which shall come to your hands, and shall and do, from time to time and at all times during your continuance in the office of sheriff of the county of ......................., well and faithfully execute and perform all and singular the trusts and duties to the said office lawfully appertaining, then this recognizance to be void, or else to be and remain in full force and virtue.

Such recognizance shall be acknowledged before the recorder of deeds, and shall continue to be a lien on the real estate owned by the sheriff at the date of said recognizance for the term of ten years from said date. The expiration of the lien of any sheriff's recognizance, upon the real estate owned by him, shall not release such sheriff, his administrator or executor, from liability to answer any claim which may be established for damages occasioned by official delinquency or misconduct of said sheriff.

Section 183. Form of Sheriff's Bond.--The form of the bond to be given by the sheriff and his sureties shall be as follows, to wit: "Know all men by these presents, that we (A. B., C. D. and E. F.) are held firmly bound into the Commonwealth of Pennsylvania in the sum of ........................... dollars to be paid to the said Commonwealth for the uses, intents and purposes declared and appointed by law, to which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents, sealed with our seals, dated ................. day of ......................... Anno Domini ................ The conditions of the above obligation is such that, if the said (A. B.) shall and do, without delay, according to law, well and truly serve and execute all writs and process of the said Commonwealth to him directed, and shall and do, from time to time, upon request to him for that purpose made, well and truly pay or cause to be paid to the several suitors and parties interested in the execution of such writs or process, their lawful attorney, factors, agents or assigns, all and every sum and sums of money to them respectively belonging, which shall come to his hands, and shall and do, from time to time and at all times during his continuance in the said office, well and faithfully execute and perform all and every of the trusts and duties to the said office appertaining, then this obligation to be void, or else to be and remain in full force and virtue."

Section 184. Amount of Sheriff's Bond.--The recognizances and bonds of the sheriffs of the several counties shall be taken in the following sums:

Counties of the second class, sixty thousand dollars.

Counties of the third class, sixty thousand dollars.

Counties of the fourth class, sixty thousand dollars.

Counties of the fifth class, twenty-five thousand dollars.

Counties of the sixth class, twenty-five thousand dollars.

Counties of the seventh class, having a population of more than thirty thousand, fifteen thousand dollars.

Counties of the seventh class, having a population of less than thirty thousand, ten thousand dollars.

Counties of the eighth class, having a population of more than ten thousand, ten thousand dollars.

Counties of the eighth class, having a population of less than ten thousand, eight thousand dollars.

(184 amended June 9, 1931, P.L.401, No.146)

Section 185. Unfinished Business.--It shall be the duty of every outgoing sheriff, in any county to hand over to his successor in office all unfinished and unexecuted writs and process whatsoever, whose duty it shall be to receive and execute the same as if said writs and process had been originally issued and directed to him, as well as to carry out and complete all other official acts of his predecessor.

Whenever any real estate shall be sold under any execution by a sheriff, and the officer who shall make the sale shall die, resign, or be removed from office, or, if the term of his office shall expire, before any deed shall be executed and acknowledged by him in due form of law for such real estate, his successor in office shall have the same power and be under the same duty to execute a deed for such real estate to the purchaser thereof as the sheriff selling such real estate under execution if he were still in office, which deed so executed shall be as effectual in law as if the title had been completed by the former sheriff.

No court order shall be necessary in any event to authorize an incoming sheriff to carry out his duties as prescribed by this act.

Section 186. Sheriff May Act by Deputy.--Whenever the sheriff is or shall be required by law to act in person under any writ of inquisition, condemnation, inquiry of damages, lunacy or habitual drunkard proceedings, partition proceedings, or by virtue of any other writ or process issued by the courts of this Commonwealth, the said sheriff may act either in person or by a regularly appointed deputy sheriff.

Section 187. Chief Deputy; Compensation.--The sheriff of each county shall appoint, by deed duly recorded in the office for recording deeds, a chief deputy, whose appointment shall be revocable at pleasure on recording in said office a written revocation thereof. The chief deputy, during his continuance in office, shall have full power and authority to perform any duty incumbent upon such sheriff, with like effect in law as if such official act had been done by the sheriff in person, regardless of the ability or temporary disability of such sheriff to act, while such sheriff continues in office. Nothing in this section shall operate to relieve such sheriff or his sureties from liability upon their official bond. The salary or compensation of such chief deputy shall be fixed by the salary board.

(187 amended July 5, 1947, P.L.1308, No.524)

Section 187.1. Real Estate Deputies in Counties of the Second and Third Classes.--In counties of the second and third classes, each sheriff may have a real estate deputy to take charge of all matters relating to sheriff's sales of real estate and distributions of the proceeds thereof, whose appointment shall be made and be revocable by writing signed by the sheriff, duly recorded in the office for recording deeds for the proper county, which deputy shall have full power to perform all duties incumbent upon the sheriff in like manner as his chief deputy, with like effect in law as if such official acts had been done by the sheriff in person, including the execution and acknowledgment of sheriff's deeds for real estate, upon receipt of the purchase price thereof: Provided, That nothing in this act shall operate to relieve the sheriff or his sureties from liability upon their official bonds to the Commonwealth, but such liability shall continue as heretofore.

Each such real estate deputy shall receive an annual salary to be fixed by the salary board of the county.

(187.1 amended July 5, 1947, P.L.1308, No.524)

Section 188. Solicitor in Third, Fourth, Fifth and Sixth Class Counties.--In all counties of the third, fourth, fifth and sixth classes, the sheriff may appoint one person learned in the law as his solicitor. Said solicitor shall advise the sheriff upon all legal matters that may be submitted to him, and shall conduct any litigation connection with the sheriff's office when requested so to do by the sheriff. The solicitor shall hold office for the term for which the sheriff was elected. The salary of such solicitor, in each county shall be fixed by the salary board.

(188 amended May 2, 1949, P.L.796, No.198)

Section 189. Deputies and Clerks in Counties of the Sixth Class.--The sheriff in counties of the sixth class may appoint such deputies and clerks as may be necessary to properly transact the business of his office, and shall have power to discharge them from time to time. The number and compensation of such deputies and clerks shall be fixed by the salary board.

(189 amended July 5, 1947, P.L.1308, No.524)

Section 190. Sheriff to Act as Coroner as Case of a Vacancy.--If any coroner shall be legally removed from his office or shall die before the expiration of the term for which he was commissioned, the sheriff of the county shall execute the office of coroner and perform all things thereunto appertaining until another coroner is commissioned and notice thereof is given to such sheriff.

(190 added June 9, 1931, P.L.401, No.146)

2. Coroner:

Section 201. Election; Bond.--At the municipal election immediately preceding the expiration of the term of office of the coroner of the county, and quadrennially thereafter, the electors of such county shall elect a coroner, who shall hold office for a term of four years from the first Monday of January succeeding such election, and until his successor is elected and qualified. The coroner of each county, whether elected or appointed to fill a vacancy, before he is commissioned or executes any of the duties of his office, shall enter into a recognizance and become bound in a bond in one-fourth of the sum required from the sheriff of the county. Such bond shall be acknowledged before the recorder of deeds. The condition of such bond shall be that the coroner will "well and truly perform all and singular the duties to the office of coroner appertaining." Such bond shall be a security to the Commonwealth, and to all persons whomsoever, for the faithful discharge and due performance of all the duties required by law from such coroner.

Section 202. Deputies.--The coroner may appoint one or more deputies to act in his place and stead as he may deem proper and necessary. Such deputy or deputies shall have the same powers as the coroner. In counties of the fifth, sixth, seventh, and eighth classes, such deputies shall receive the same fees as the coroner.

Section 203. Duties with Respect to County Morgues.--The coroner of each county in which a county morgue has been or may hereafter be established, shall make general rules and regulations for its government and control, and shall appoint suitable persons for each morgue so established to have charge of the same, and who shall be removable at the pleasure of the coroner. The number of such persons and the salary of each shall be fixed by the salary board, or, in counties where there is no salary board, by the county commissioners.

Section 204. Coroner to Act as Sheriff in Case of Vacancy.--If any sheriff shall be legally removed from his office, or shall die or resign before expiration of the term for which he was commissioned, the coroner of the county shall execute the office of sheriff and perform all things thereunto appertaining until another sheriff is commissioned and notice thereof is given to such coroner.

(204 amended May 23, 1933, P.L.945, No.180)

Section 205. Vacancies.--If any person elected to the office of coroner shall neglect or refuse, for the space of two months next after such election, to assume the duties of said office, and to comply with the requirements of the acts of Assembly, in such cases the office shall be vacant, and it shall be the duty of the Governor to appoint and commission some suitable person to fill such vacancy during the remainder of the term. No fees shall hereafter be charged on commissions issued to the coroner.

(205 amended June 9, 1931, P.L.401, No.146)

3. General Provisions:

Section 211. Not to Exercise Office Until Commission Granted and Recorded; Penalty.--No person elected or appointed to the office of sheriff or coroner shall presume to execute any of the duties of such office before a commission shall have been duly granted to him and left for record, under a penalty of imprisonment for a term not exceeding six months, at the discretion of the court of quarter sessions. Such person shall nevertheless be liable to any person injured by any acts done by him under color of such office.

Section 212. Real Estate of Sheriff and Coroner and Their Sureties to Be Bound.--All the real estate within the county of a sheriff and coroner shall be bound by their recognizance taken in the manner aforesaid, as effectually as by a judgment for the same amount in any court of record of such county. It shall be the duty of the controller, or chief clerk of the county commissioners where there is no controller, as soon as the recognizance of the sheriff or coroner is filed, to certify the same to the prothonotary, who shall enter the names of the parties thereto upon his docket, in like manner as judgments are by law directed to be entered.

Every such recognizance entered into by a sheriff and coroner shall be taken by the recorder of deeds of the proper county, and recorded in his office, and, when so recorded, shall be by him transmitted to the Secretary of the Commonwealth, with a certificate endorsed by such recorder of its having been duly recorded.

Section 213. Sale of Real Estate Bound by Lien.--If the sheriff or coroner, or any surety of such sheriff or coroner, shall sell any real estate bound by the lien of any recognizance or bond as principal or surety therefor, such sheriff or coroner or surety may present a petition to the court of common pleas, accompanied by notice to his sureties or cosureties, setting forth the fact of such sale, and praying for a release of the lien of such recognizance and bond upon the real estate described in the petition. The court, being satisfied of the sufficiency of the sureties, or the remaining sureties, may release said lien upon such land. The court may, before it releases the lien upon such real estate, approve of additional sureties to be added or substituted as such court shall deem necessary.

(l) PROTHONOTARY, CLERKS OF COURTS, CLERK OF ORPHANS' COURT, REGISTER OF WILLS, AND RECORDER OF DEEDS

Section 220. Election of Prothonotaries, Clerks of Courts, Clerk of Orphans' Court, Register of Wills and Recorder of Deeds.--At the municipal election preceding the expiration of the term of office of any prothonotary, clerk of the court of quarter sessions, clerk of the court of oyer and terminer, register of wills, clerk of the orphans' court, or recorder of deeds of any county, and quadrennially thereafter, the electors of such county shall elect a person to fill such office, from the first Monday of January next succeeding such election, for a term of four years, and until his successor is elected and qualified. Where under the provisions of this act, or existing law, it is provided that two or more of said offices shall be held by the same person, only one person shall be elected to hold such offices.

Section 221. How Offices to Be Held.--In counties of the second, third, and fourth classes, one person shall hold the office of prothonotary, one person the office of clerk of the court of oyer and terminer and quarter sessions, one person the offices of register of wills and clerk of the orphans' court, and one person the office of recorder of deeds.

In counties of the fifth class, one person shall hold the offices of prothonotary and clerk of the court of oyer and terminer and quarter sessions, one person the offices of register of wills and clerk of the orphans' court, and one person the office of recorder of deeds, unless local laws applying to such counties shall otherwise provide.

In counties of the sixth and seventh class, one person shall hold the offices of prothonotary and clerk of the court of oyer and terminer and quarter sessions, and one person the offices of register of wills, recorder of deeds and clerk of the orphans' court, unless local laws applying to such counties shall otherwise provide. In counties of the eighth class, one person shall hold the offices of prothonotary, clerk of the court of oyer and terminer and general quarter sessions, clerk of the orphans' court, register of wills, and recorder of deeds, unless local laws applying to such counties shall otherwise provide.

This section does not repeal any of the provisions of section one of the act, approved the second day of July, one thousand eight hundred and thirty-nine (Pamphlet Laws, five hundred and fifty-nine), entitled "An act to provide for the election of prothonotaries, clerks, recorders and registers," nor any of the provisions of any other local law: Provided, That any county in which the offices provided for herein are not now held as hereinbefore provided, and which desires to provide for the holding of two or more of said county offices by the same person, may, at any time hereafter, accept the provisions of this section, in whole or in part, and provide for the holding of its county offices, or any of them, in the manner provided in this section for the class of counties to which it belongs. The proceedings to accept the provisions of this section and to join its offices, or any of them, as provided in this section, shall be in all respects as provided in section two hundred and twenty-two of this act for the acceptance of the provisions of that section. Upon the expiration of the term of any county officer affected by such proceeding, his office shall be joined to the other whose term still continues, and no successor shall be elected; or if the terms of all officers affected expire at the same time, then, upon such expiration, such offices shall be joined and occupied by one person elected at the preceding municipal election for such purpose.

(221 amended May 23, 1933, P.L.950, No.186)

Section 222. Counties of Forty Thousand Inhabitants Created Separate Judicial Districts.--In each county containing forty thousand inhabitants, accepting the provisions of this section, or which has heretofore accepted the provisions of the act, approved the seventh day of May, one thousand nine hundred and twenty-three (Pamphlet Laws, one hundred fifty-five), entitled "An act to amend section one of the act, approved the twelfth day of June, one thousand nine hundred and one (Pamphlet Laws, five hundred fifty-nine), entitled 'An act to provide for the election of one person to fill the office of prothonotary, one person to fill the office of clerk of the courts of general quarter sessions and oyer and terminer, one person to fill the office of register of wills and clerk of the orphans' court, and one person to fill the office of recorder of deeds, in counties containing forty thousand inhabitants, and hereafter created separate judicial districts under the Constitution'; providing that said act shall be in effect only upon the acceptance thereof," and which heretofore have been or hereafter may be created separate and independent judicial districts, under section five, article five, of the Constitution, there shall be elected one person to fill the office of prothonotary, one person to fill the office of the clerk of the courts of general and quarter sessions and oyer and terminer, one person to fill the office of register of wills and clerk of the orphans' court, and one person to fill the office of recorder of deeds, at the expiration of the terms of the persons then filling and exercising such offices in such counties.

Such acceptance of the provisions of this section shall be exercised by a decree of the court of common pleas of the county, accepting the provisions thereof, upon petition of the county commissioners of such county. Such petition and decree shall be recorded in the office of the recorder of deeds of the county, and in the office of the Secretary of the Commonwealth. Any county which now elects the said county officers in accordance with the provisions of this section, shall be presumed to have accepted the provisions thereof, and in such counties no actual acceptance of the provisions hereof shall be necessary.

Section 223. Incompatible Offices.--No person shall be capable of holding and exercising, at the same time, the office of justice of the peace and that of prothonotary or clerk of any court. Nor shall any prothonotary or clerk of any court practice as attorney or counsellor in the court of which he is prothonotary or clerk. Nor shall the register of wills of any county practice as aforesaid in the orphans' court of the same county.

Section 224. Appointment of First Deputies; Compensation.--The prothonotary, clerk of the courts of quarter sessions and oyer and terminer, and clerk of the orphans' court, and recorder of deeds shall appoint one first deputy, to act in the case of the death or resignation of his principal, or when the office shall become vacant from other causes. In counties of the second and third classes, the first deputy prothonotary shall be designated from the force of clerks in the prothonotary's office, and shall give bond in the penal sum of ten thousand dollars, conditioned for the proper and faithful performance of his duties.

The salary or compensation of said deputies shall be fixed by the salary boards.

(224 amended July 5, 1947, P.L.1308, No.524 and repealed in part June 28, 1951, P.L.638, No.159)

Section 225. Bonds of Prothonotary and Clerks of Courts.--The prothonotary, the clerk of the courts of quarter sessions and oyer and terminer, and the clerk of the orphans' court shall, before they enter upon the duties of their offices, give bond, the condition of which shall be to faithfully execute the duties of their respective offices, and well and truly to account for and pay according to law all monies which are received by them in their official capacity, and to deliver the books, seals, records, writings and papers belonging to their respective offices whole, safe, and undefaced, to their successors therein. In counties of the second class, the prothonotary's bond shall be in the sum of forty thousand dollars, and that of the clerk of the courts of quarter sessions and oyer and terminer in the sum of ten thousand dollars. The amount of all other bonds required by this section shall be fixed by the Governor.

Section 226. Power of Prothonotaries and Clerks to Administer Oaths and Affirmations.--The prothonotaries, clerks of the courts of quarter sessions and oyer and terminer, and clerks of the orphans' courts shall have a general power to administer oaths and affirmations: Provided, That no prothonotary or clerk shall be compelled to administer the same in any matter not pertaining to the proper business of his office.

Section 227. In Counties of the Second Class, Appointment of Minute Clerks by the Courts of Common Pleas, and Courts of Quarter Sessions and Oyer and Terminer.--In counties of the second class the court of common pleas, and the court of quarter sessions and oyer and terminer shall respectively appoint minute clerks of said courts. Such clerks shall receive such salaries as the salary board may fix, and shall give bond in such sum as the respective courts may direct. This act shall not affect the power of the prothonotary of Allegheny County to appoint clerks of the county court for the County of Allegheny, under the provisions of section five of the act, approved the fifth day of May, one thousand nine hundred and eleven (Pamphlet Laws, one hundred and ninety-eight), entitled "An act to establish a county court for the county of Allegheny, and prescribing its powers and duties; regulating the procedure therein; and providing for the expenses thereof," or its amendments.

(227 amended July 5, 1947, P.L.1308, No.524)

Section 228. Second Deputy Prothonotary.--The prothonotary may appoint a second deputy prothonotary, who shall possess and discharge all the rights, powers, and duties of the principal deputy prothonotary during his necessary or temporary absence.

Section 229. In Counties of the Second and Third Classes, Clerks of Prothonotary to Administer Oaths and Affirmations.--In counties of the second and third classes, any clerk in the office of the prothonotary, designated by the prothonotary, shall have the power of deputy prothonotary so far as relates to the administration of oaths and affirmations in the performance of the work of the office.

Section 230. Prothonotary to File and Keep Advance Copies of Law.--The prothonotary shall file and keep in his office advance copies of the laws enacted at each session of the General Assembly, as they are furnished to him by the Secretary of the Commonwealth, for a period of one year from the date of reception of the first of said laws enacted at each session of the General Assembly, in such manner that they shall be accessible to the public during the office hours of the prothonotary.

Section 231. Assistant Clerks of Orphans' Court in Counties Where There is a Separate Orphans' Court, and Chief Minute Clerk and Assistant Minute Clerks in the Orphans' Court of Counties of the Second Class; Compensation.--The clerk of the orphans' court of each county, in which a separate orphans' court is now or hereafter shall be established, may appoint an assistant clerk or clerks, but only with the consent and approval of said court.

The register of wills and ex officio clerk of the orphans' court, with the consent and approval of the judges of the said court, shall fix the salaries of the assistant clerks of said court.

The salaries of the assistant clerks shall be paid out of the fees of said office paid into the treasury of the county, upon bills attested by said register and countersigned by a judge of said court: Provided, however, That in the event that the fees received in said office of register of wills be not sufficient to fully pay the register and his assistants, then payment shall be made in full to the said register of wills, but to his assistants in manner as follows, namely: Where there is more than one assistant, then the balance of fees remaining to the credit of said office of register of wills shall be divided among each of said assistants, in proportion as his salary shall stand to the whole.

In counties of the second class, in which a separate orphans' court is now or hereafter established, the judges of said orphans' court shall appoint a chief minute clerk, and a sufficient number of assistant minute clerks to perform such duties, in connection with the business of said court, as the salary board may direct. The salary board shall fix the salaries of said chief minute clerk and assistant minute clerks. Said salaries shall be paid by the county in the same manner as employes of the office of the register of wills and clerk of the orphans' court: Provided, That the office of chief assistant clerk and the offices of assistant clerks of the orphans' court shall not be incompatible with the offices of chief minute clerk and assistant minute clerks of said court.

(231 amended July 5, 1947, P.L.1308, No.524)

Section 232. Bond of Register of Wills.--The register of wills before entering upon the duties of his office shall, with one corporate surety or two individual sureties, on a form prepared and supplied by the Secretary of the Commonwealth, give a joint and several bond to the Commonwealth of Pennsylvania in such sum as set forth for his county, according to the following schedule:

| Counties of the first class | $40,000 | | --- | --- | | Counties of the second class | 30,000 | | Counties of the third class | 25,000 | | Counties of the fourth class | 20,000 | | Counties of the fifth class | 15,000 | | Counties of the sixth class | 10,000 | | Counties of the seventh class | 7,500 | | Counties of the eighth class | 5,000 |

The condition of the bond shall be, that the said register of wills shall faithfully execute the duties of his said office and well and truly account for and pay according to law all moneys received by him for the use of the Commonwealth and to deliver up the books, seals, records, and other writings, belonging to his said office, whole, safe, and undefaced, to his successor in office. Such bond shall be for the use of all persons concerned and for the relief of all who may be aggrieved by the acts or neglect of such register.

Such bond shall be submitted to the Secretary of the Commonwealth for approval and when approved the Secretary shall forward the bond, together with the commission of the register, to the recorder of deeds of the proper county and so notify the register, who shall cause such bond to be recorded in the office of the recorder of deeds. After recording such bond, the recorder of deeds shall deliver to the register his commission and forward such bond to the Secretary of the Commonwealth for filing.

(232 amended May 11, 1949, P.L.1131, No.338)

Section 233. Deputy Register of Wills.--(233 repealed June 28, 1951, P.L.638, No.159)

Section 233.1. Solicitor to Register in Counties of the Fifth Class.--In all counties of the fifth class, the register of wills is authorized to appoint one person learned in the law as his solicitor. Said solicitor shall advise upon all legal matters that may be submitted to him, and shall conduct any litigation, when requested so to do by the register of wills. The solicitor shall hold office for the term for which the register of wills was elected, and shall receive a salary to be fixed by the salary board.

(233.1 amended July 5, 1947, P.L.1308, No.524)

Section 234. Bond of Recorder of Deeds.--The recorder of deeds, before he enters on the duties of his office, shall give bond in the following sums:

In counties of the second class, twenty thousand dollars.

In counties of the third class, fifteen thousand dollars.

In counties of the fourth and fifth classes, ten thousand dollars.

In counties of the sixth, seventh and eighth classes, five thousand dollars.

Such bonds shall be conditioned for the true and faithful execution of his office, and for delivering up the records and other writings belonging to the office, whole, safe, and undefaced, to his successor in office.

Section 235. Deputy Recorder.--The recorder of deeds may appoint a deputy, for whose conduct he and his sureties shall be accountable. Such deputy shall be capable in law to do whatever by law appertains to the office of recorder of deeds.

The salary or compensation of the deputy recorder of deeds shall be fixed by the salary board.

(235 amended July 5, 1947, P.L.1308, No.524)

Section 236. Clerks of Recorder to Administer Oaths.--The recorder of deeds may appoint one or more clerks employed in his office to administer oaths and affirmations to all persons pertaining to the business of the recorder's office, with the same force and effect as if administered by the recorder or deputy recorder.

Section 237. Solicitor to Recorder of Deeds in Counties of the Fourth Class.--In all counties of the fourth class, the recorder of deeds may appoint one person as his solicitor. Said solicitor shall advise the recorder of deeds upon all legal matters that may be submitted to him, and conduct all litigation connected with the recorder of deeds' office, when requested so to do by the recorder of deeds. The solicitor shall hold office for the term for which the recorder of deeds was elected. His salary shall be fixed by the salary board.

(237 amended July 5, 1947, P.L.1308, No.524)

(m) DISTRICT ATTORNEY, ASSISTANTS AND DETECTIVES

1. District Attorney:

Section 245. Election of District Attorney.--At the municipal election preceding the expiration of the term of the district attorney of any county, and quadrennially thereafter, the electors of such county shall elect a person to hold the office of district attorney, from the first Monday of January next succeeding his election, for a term of four years, and until his successor is elected and qualified.

Section 246. Qualifications; Eligibility; Compensation.--The district attorney shall be a person learned in the law, and who shall have resided in the county for which he is elected or appointed for two years next preceding his election or appointment, and who is a resident of such county: Provided, however, That in counties of the seventh and eighth classes, the district attorney shall have resided in the county for which he is elected or appointed for one year next preceding his election or appointment and who is a resident of such county. (Par. amended June 20, 1947, P.L.706, No.308)

In counties of the second, third, fourth, fifth and sixth classes, he shall have been admitted to practice as an attorney before the Supreme or Superior Courts of this Commonwealth for at least two years prior to the time for taking the oath of office, or shall have been admitted to practice before the Supreme or Superior Courts of this Commonwealth for at least six months prior to the time for taking the oath of office and have been practicing law before a court of record of this Commonwealth for at least five years. In counties of the seventh class, he shall have been admitted to practice as an attorney before the Supreme or Superior Courts of this Commonwealth for at least six months prior to the time for taking the oath of office and shall have practiced before a court of record for at least two years. In counties of the eighth class, the district attorney shall have been admitted to practice as an attorney in the Supreme or Superior Court of this Commonwealth prior to the time for taking the oath of office and shall have practiced law before a court of record for eighteen months prior to the time for taking the oath of office. In counties of the third class, the district attorney shall receive a salary of seven thousand five hundred dollars ($7,500) per annum.

In counties of the fourth class, the district attorney shall receive a salary of six thousand dollars ($6,000) per annum.

In counties of the sixth class, the district attorneys shall receive annual salaries depending upon the population of the county, as follows:

(a) Fifty thousand and more, but less than sixty thousand, twenty-four hundred dollars ($2400).

(b) Sixty thousand and more, but less than seventy thousand, twenty-seven hundred dollars ($2700).

(d) Eighty thousand and more, but less than ninety thousand, thirty-three hundred dollars ($3300).

(e) Ninety thousand and more, but less than one hundred thousand, thirty-eight hundred dollars ($3800).

In counties of the seventh class, the district attorneys shall receive annual salaries depending upon the population of the county, as follows:

(a) Twenty thousand and more, but less than thirty thousand, fifteen hundred dollars ($1500).

(b) Thirty thousand and more, but less than forty thousand, eighteen hundred dollars ($1800).

In counties of the eighth class, the district attorneys shall receive annual salaries depending upon the population of the county, as follows:

(a) Less than ten thousand, seven hundred and fifty dollars ($750).

(b) Ten thousand and more, but less than twenty thousand, nine hundred dollars ($900).

In all other classes of counties, the district attorney shall receive the salary now provided by law.

No district attorney shall be eligible to a seat in the Legislature, or to any other office under the laws and Constitution of the State, excepting an office or commission in the militia of the State, during his continuance in office.

(246 amended June 20, 1939, P.L.464, No.262)

Section 247. Filling of Vacancies.--If any vacancy shall occur, either by death, resignation, removal from office or from the county, or otherwise, the judges of the court of common pleas shall supply such vacancy by the appointment of a competent person to fill the office during the balance of the unexpired term.

Section 248. Misconduct of District Attorney.--If any district attorney shall, wilfully and corruptly, demand, take or receive any other fee or reward than such as is prescribed by law, for any official duties required by law to be executed by him in any criminal proceeding, or, if such district attorney shall be guilty of wilful and gross negligence in the execution of the duties of his office, he shall be guilty of a misdemeanor in office, and, on conviction thereof, be sentenced to pay a fine not exceeding one thousand dollars, and to undergo imprisonment not exceeding one year, and his office shall be declared vacant.

Upon complaint in writing, verified by the oath or affirmation of the party aggrieved, made to the court in which any district attorney shall prosecute the pleas of the Commonwealth, charging such district attorney with wilful and gross negligence in the execution of the duties of his office, the court shall cause notice of such complaint to be given to the district attorney, and of the time fixed by the court for the hearing of the same. If upon such hearing the court shall be of opinion that there is probable cause for the complaint, they shall hand over or commit the district attorney to answer the same in due course of law. If the court shall be of opinion that there is no probable cause for such complaint, they shall dismiss the same with reasonable costs to be assessed by the court.

Section 249. District Attorney Charged with Crime.--If any district attorney is charged according to law with any crime or misdemeanor before, or bound over or committed by, any court to answer for wilful and gross negligence in the execution of the duties of his office, it shall be the duty of the court to appoint some competent attorney thereof to prepare an indictment against such district attorney, and to prosecute the same on behalf of the Commonwealth until final judgment. Such attorney shall be paid by the county for his services a reasonable compensation to be fixed by the court. If such district attorney shall be convicted of any crime, for which he may be sentenced to imprisonment by separate or solitary confinement at labor, in addition thereto, his office shall be declared vacant by the court passing such sentence.

Section 250. Law Books for District Attorney.--The county commissioners of each county of the Commonwealth shall purchase, for the use of the office of the district attorney of such county, out of the funds of the county, a digest of the laws of the Commonwealth, and such books on evidence, criminal law, and criminal procedure as may be selected by the district attorney and approved by a judge of the court of said county.

(250 added June 9, 1931, P.L.401, No.146)

Section 251. Police Radio in Third Class Counties.--The district attorney of any county of the third class may, with the consent and approval of the county commissioners, at the expense of the county, purchase and maintain a short wave police radio receiving and transmitting set, and the necessary equipment therefor, to be installed and used in the office provided for the district attorney.

(251 added May 26, 1937, P.L.898, No.238)

2. Assistant District Attorneys:

Section 256. Assistant District Attorneys; Number; Compensation.--In counties of the second, third, fourth, fifth, and sixth classes, the district attorney may appoint such number of assistants learned in the law to assist him in the discharge of his duties as is fixed by the salary board of the county. The salary board shall fix the salary of each such assistant.

(256 amended July 5, 1947, P.L.1308, No.524)

Section 257. Designation of First Assistant; Powers and Duties.--In all cases where more than one assistant district attorney is appointed, the district attorney shall designate one of such assistants as his first assistant. Such first assistant, or the assistant district attorney where only one is appointed, shall, in the absence of the district attorney from the jurisdiction, or during his disability to perform the duties of his office through sickness or other cause, be vested with all the duties, powers and privileges given by law to the district attorney, and generally, at such time, be empowered to do and perform all things in connection with his office which the district attorney may by law be entitled to do or perform.

Section 258. Clerks in Counties Third Class; Indictment and Cost Clerk in Counties of the Fourth Class; Compensation.--The salary board, in all counties of the third class, shall have authority to provide for the appointment by the district attorney of such clerks and stenographers in the office of the district attorney as may be deemed necessary for the proper dispatch of business, and at such salaries as the salary board may fix. The district attorney of any county of the fourth class, in addition to the assistants hereinbefore authorized, may appoint an assistant learned in the law who shall be designated as indictment and cost clerk, to assist the district attorney in the discharge of his duties. Such appointee shall hold office during the term of office of the district attorney appointing him, but the district attorney may remove such appointee, for any cause he deems sufficient, and appoint another person, duly qualified, to fill the vacancy. Such indictment clerk shall receive a salary to be fixed by the salary board.

(258 amended July 5, 1947, P.L.1308, No.524)

Section 259. Special Assistants.--The district attorney of any county of the seventh and eighth classes and the district attorney of any county of the sixth class, wherever no regular assistant district attorney has been appointed under section two hundred fifty-six of this act, may, with the approval of the salary board, appoint an assistant attorney learned in the law to aid in the preparation and trial of any indictment for homicide or murder on behalf of the Commonwealth. Such assistant shall receive such compensation, as may be fixed by the salary board.

(259 amended May 2, 1949, P.L.797, No.199)

Section 260. Appointment of a Deputy for One Term of Court.--In any case where there is no regularly appointed assistant district attorney, if in case of sickness or from any other cause the district attorney shall be unable to attend to the duties and business of the term of a court, he may appoint some competent attorney of the county, with the approbation of the court, to act as his deputy for one term, but for no longer period.

Section 261. Court May Appoint a District Attorney for the Time Being.--It shall be the duty of the court of quarter sessions of any county to appoint a district attorney for the time being, in all cases where the district attorney and his assistants shall be absent from the court. Such person so appointed shall perform all the duties of the office until the regular district attorney or one of his assistants shall appear in person to perform the same.

Section 262. Stenographers in Fourth, Fifth, Sixth, Seventh and Eighth Class Counties.--In counties of the fourth and fifth classes, the district attorney may employ a stenographer or stenographers, whose salaries shall be fixed by the salary board.

In counties of the sixth class, the district attorney may employ a stenographer as an assistant in his office at a salary to be fixed by the salary board of the county.

In counties of the eighth class, the district attorney may, with the consent of the county commissioners, employ a stenographer as an assistant in his office at a salary to be fixed by the salary board.

In counties of the seventh class, the district attorney may employ a stenographer as an assistant in his office at a salary to be fixed by the salary board.

(262 amended July 5, 1947, P.L.1308, No.524)

3. Detectives:

Section 276. Appointment in Counties of the Second Class; Duties.--In counties of the second class, the district attorney may appoint one chief county detective, an assistant chief county detective, and as many county detectives sergeant, special county detectives and junior county detectives as the salary board shall fix.

Such county detectives shall at all times be subject to the orders of the district attorney, and shall investigate and make report to the district attorney as to the conduct in office of magistrates, constables, deputy constables, and other officers connected with the administration of criminal justice, to make investigations and endeavor to obtain such evidence as may be required by the district attorney in any criminal case, and perform such other duties as the district attorney may direct. Said detectives shall be general police officers, and shall have all powers now conferred on constables by existing laws of this Commonwealth so far as they relate to crime or criminal procedure, and, in counties of the second class, they shall serve subpoenas in cases in which the Commonwealth is a party in a court of record.

Said chief county detectives, assistant chief county detective, county detectives sergeant, special county detectives, and junior county detectives shall not be entitled to receive any fees whatsoever. but shall each receive such salary as shall be fixed by the salary board, together with all necessary traveling expenses; which said salary and expenses, having been verified by affidavit of the chief county detective, assistant chief county detective, county detective sergeant, special county detective, or junior county detective, incurring the same, and approved by the district attorney, shall be paid out of the treasury of the county on a certificate issued by the district attorney, directed to the controller of the county, who shall order warrants for said amounts according to law.

(276 amended July 5, 1947, P.L.1308, No.524)

Section 277. In Counties of the Third and Fourth Classes.--In counties of the third and fourth classes, the district attorney may appoint one chief county detective, and as many assistant county detectives as may be fixed by the salary board of the county. Each such detective shall receive an annual salary to be fixed by the salary board.

The salaries and expenses of such detectives, in the respective counties, shall be paid by the county in the usual manner.

Such county detectives shall hold their positions during the term of the district attorney appointing them and shall be removable at his discretion. They shall have, possess and exercise all of the rights and powers conferred by existing law upon constables, so far as such laws relate to crimes and criminal procedure, and shall, when requested by the district attorney, make an investigation and endeavor to obtain such evidence as may be required in any criminal case. They shall also perform such other duties as the district attorney may direct. Such county detectives shall be allowed their expenses actually and necessarily incurred in the performance of their duties.

(277 amended July 5, 1947, P.L.1308, No.524)

Section 278. In Counties of the Fifth Class.--In counties of the fifth class, the district attorney, with the approval of the salary board, may appoint one chief county detective and one assistant county detective.

The salary board shall fix the compensation of the county detectives.

Such county detectives shall hold their positions during the term of the district attorney appointing them, and shall be removable at his discretion. They shall have, possess and exercise all the rights and powers conferred by law upon constables, in so far as such law or laws relate to crimes and criminal procedure, and shall, when requested by the district attorney, make an investigation and endeavor to obtain such evidence as may be required in any criminal case. They shall also perform such other duties as the district attorney may direct.

Such county detectives shall be allowed their expenses actually and necessarily incurred in the performance of their duties.

(278 amended July 5, 1947, P.L.1308, No.524)

Section 279. In Counties of the Seventh and Eighth Classes.--The district attorney of counties of the seventh and eighth classes may, with the approval of the salary board, employ one detective for the investigation of any crimes committed within such county. The compensation of such detective shall be fixed by the salary board and shall be paid from the county treasury in the usual manner.

(279 amended July 5, 1947, P.L.1308, No.524)

Section 280. In Counties of the Sixth Class.--In all counties of the sixth class, the district attorney shall have power to appoint, with the approval of the salary board of such county, one county detective, at an annual salary to be fixed by the salary board. Such detective shall also receive his actual and necessary expenses incurred in the performance of his duties. The salary and expenses of such detective shall be paid out of the county treasury in the usual manner.

The county detective herein provided for shall hold his position during the term of the district attorney appointing him, and shall be removable at his pleasure. He shall have, possess, and exercise all the rights and powers conferred by existing laws upon constables, so far as such laws relate to crimes and criminal procedure, and shall, when requested by the district attorney, make an investigation and endeavor to obtain such evidence as may be required in any criminal case. He shall also perform such other duties as the district attorney may direct: Provided, however, That nothing herein contained shall prevent the employment of one or more detectives for special purposes as now provided by law.

(280 amended July 5, 1947, P.L.1308, No.524)

Section 281. Appointment of Special Detective with Approval of Court.--The district attorney of any county may, with the approval of the salary board, whenever the court of quarter sessions, and district attorney may deem it necessary, appoint an officer as a special detective, whose duty it shall be to assist in obtaining such evidence as shall be directed by the district attorney for the Commonwealth in all criminal cases, and perform such other duties as the court may direct. The compensation of such special detective shall be fixed by the salary board.

Such special detective officer shall be a general police officer, and shall have all the powers that are conferred on constables by the existing laws of this Commonwealth, so far as they relate to crimes or criminal procedure.

(281 amended July 5, 1947, P.L.1308, No.524)

(n) JURY COMMISSIONERS

Section 291. Election of Jury Commissioners.--At the municipal election preceding the expiration of the term of office of the jury commissioners of any county, and quadrennially thereafter, the electors of the county shall elect two citizens to hold the office of jury commissioners, for a term of four years from the first Monday of January next succeeding their election.

Section 292. In Counties of the Second Class.--That for an improved and impartial selection of persons to serve as jurors in the several courts, civil and criminal, of counties of the second class, there is hereby created a commission, to be known as the "commission for the selection of jurors." Said commission shall consist of three members. One of said members shall be the president judge of the court of common pleas, whose duty it shall be to preside at and oversee the drawing of jurors. The other two members of said commission shall be chosen by the qualified electors of said county at the municipal elections at which other county officers are chosen, for terms of four years each. The elective members of the commission for the selection of jurors, in counties of the second class, shall in no event be members of the same political party, but the majority political party in each county shall elect one of said elective commissioners, and the other shall be the candidate for such office receiving the highest number of votes of the next ranking or minority political party.

Any jury commissioner shall be eligible for re-election for any number of terms.

Vacancies upon said commission, occurring from any cause, shall be filled by the president judge of the court of common pleas, who shall appoint a member or members to fill such vacancy in the elective membership, to serve until the next ensuing municipal election.

The county commissioners of the county, upon requisition of said commission, shall provide suitable office quarters for the commission, and shall furnish and equip the same.

All expenses incurred in the maintenance and operation of said commission and the salaries of its employes shall be payable out of the county funds of the county, upon payrolls approved by the commission. All salaries shall be payable monthly or semimonthly and shall be fixed by the commission, acting in conjunction with the county commissioners and the county controller of the county, acting as a salary board, and said salary board is hereby authorized to fix the number of employes and their salaries.

(292 amended June 9, 1931, P.L.401, No.146)

Section 293. Eligibility in Other Counties.--In the election of jury commissioners in counties of the third, fourth, fifth, sixth, seventh and eighth classes, each qualified elector shall vote for no more than one person, and the two persons having the highest number of votes shall be elected.

(293 amended June 9, 1931, P.L.401, No.146)

Section 294. Filling of Vacancy.--In case of the inability of either or both of the jury commissioners, by sickness, death, or other unavoidable cause, to discharge the duties of said office, or in case of neglect or refusal to serve thereon, it shall be the duty of the president judge to appoint a suitable person or persons, as the case may be, to perform the duties of said office during such vacancy.

Section 295. Clerk.--Except as hereinafter provided, the jury commissioners are hereby authorized to appoint a clerk and fix his compensation, with the consent and approval of the salary board, Said appointment of a clerk shall be made within thirty days after the jury commissioners qualify for office, and, if the jury commissioners shall fail to make such appointment within said time, or shall thereafter for a period of thirty days fail to fill any vacancy in said position, the county commissioners shall appoint a clerk for them. The compensation of said clerk shall be fixed by the salary board. In counties of the third class, the clerk of the jury commissioners shall be appointed and his compensation fixed by the salary board.

(295 amended July 5, 1947, P.L.1308, No.524)

(o) COMPENSATION; SALARIES; FEES; SALARY BOARDS

(hdg. amended July 5, 1947, P.L.1308, No.524)

Section 301. Salaries and Compensation.--The salaries and compensation of county officers shall be as now or hereafter fixed by law. The salaries and compensation of all appointed officers, clerks, stenographers, and employes, who are paid from the county treasury, shall be fixed by the salary board created by this act for such purposes.

(301 amended July 5, 1947, P.L.1308, No.524)

Section 302. Fees.--All county officers shall continue to charge and collect the fees, mileage, and emoluments of office for their own use, or for the use of the county, as is now or may hereafter be provided by law, and, where required by law, such fees, mileage, and emoluments shall be paid to the county treasurer as and when required.

(302 carried without amendment July 5, 1947, P.L.1308, No.524)

Section 303. Salary Boards Created.--There is hereby created in each county, a salary board which shall consist of the three county commissioners, the county controller in counties where there is a controller, or the county treasurer in counties where there is no controller. The chairman of the board of county commissioners shall be chairman of the salary board. The board shall meet and organize on the effective date of this act and on the first Monday of January of each year thereafter.

(303 added July 5, 1947, P.L.1308, No.524)

Section 304. Number and Compensation of Officers, Deputies, Assistants, Clerks and Employes.--At its first meeting on the effective date of this act, the board shall, subject to limitations imposed by existing law, fix the compensation of all appointed county officers and the number and compensation of all deputies, assistants, clerks and other persons, whose compensation is paid out of the county treasurer (except employes of county officers who are paid by fees and not by salary) and of all court criers, tipstaves and other court employes, and of all officers, clerks, stenographers and employes appointed by the judges of any court and who are paid from the county treasury. Thereupon, the number and compensation of all such officers, deputies, assistants, clerks and persons, whether fixed by statute or by any other method, are hereby repealed. In the event that any salary board shall fail to fix the number or compensation of any such officers, deputies, assistants, clerks or other employes, as required by this section, the number and compensation shall continue as fixed by or pursuant to law on the effective date of this act with like effect as though the same had been so fixed by the board.

(304 added July 5, 1947, P.L.1308, No.524)

Section 305. Revisions of Salary Schedules.--At each annual meeting the board shall revise the salary schedule, so far as it shall deem such action necessary. From time to time, between annual meetings, whenever required by any judge, county officer or executive head of any separate board, commission or division, the number or compensation of whose deputies, assistants, clerks and employes is sought to be fixed, the board shall meet and consider, and shall fix and determine the same. All salaries fixed under the provisions of this act shall be paid out of the county treasury in the manner provided by law.

(305 added July 5, 1947, P.L.1308, No.524)

Section 306. Procedure and Action of Board.--(a) Whenever the board shall consider the number or salaries of the deputies, assistants, clerks or other employes of any county officer, or agency, such officer or the executive head of such agency shall sit as a member of the board as long as any matter affecting his office or agency is under consideration, and no longer.

(b) Whenever the board shall consider the number or salaries of the court criers or tipstaves or other court employes, the president judge of the court shall sit as a member of the board as long as any matter affecting the court criers, tipstaves or employes of his court is under consideration, and no longer.

(c) Whenever the board shall consider the number or salaries of the officers, clerks, stenographers or employes appointed by any judge of any court, such judge shall sit as a member of the board as long as any matter affecting any of his appointees is under consideration, and no longer.

(d) The decision of a majority shall govern. Each board shall keep a correct minute book of its proceedings in all cases heard and determined by it. Such minute book shall be a public record.

(306 added July 5, 1947, P.L.1308, No.524)

Section 307. Employes of Jails and Workhouses in Counties of the Second Class.--Guards, matrons, nurses, or any employe who comes in contact with inmates of jails and workhouses in counties of the second class, who may be incapacitated as a result of violence on them by an inmate through the performance of their duties, shall be paid by the county by which they are employed their full rate of salary, as fixed by the salary board of such county, until the disability arising therefrom has ceased; but the period for such salary payments by the county shall not exceed the period during which such employe is entitled to compensation for the injury received under the provisions of the Workmen's Compensation Act. All medical and hospital bills incurred in connection with any such injuries shall be paid by such county. All benefits under the Workmen's Compensation Law which shall be received or collected by any such employe during the period he has received salary for temporary disability shall be paid over to the county and into the treasury thereof. If any such payment or payments shall not be so made by such employe, the amount so directed to be paid the county shall be deducted from any salary which shall then or thereafter become due and owing to such employe.

(307 added January 14, 1952 (1951), P.L.2050, No.579)

(p) PENSIONS, COUNTIES OF THE SECOND CLASS

Section 311. "County Employe" Defined.--A county employe, for the purpose of this subdivision of this act, is any person employed by the county, including the clerical personnel in the office of the county superintendent of schools whose salaries are paid out of county funds, or by the county institution district or by any county workhouse and inebriate asylum or by any county correctional institution or by the county retirement system at a wage or salary payable at stated intervals; that is to say semimonthly, monthly, quarterly, or annually. The term may, at the option of the Retirement Board, include any person elected by the vote of the people. In all cases of doubt, the Retirement Board shall determine who is an employe within the meaning of this act.

(311 amended Apr. 14, 1949, P.L.441, No.70)

Section 312. Retirement System and Fund to Be Established.--Each county of the second class shall provide a county employees' retirement system for such county for employes as hereinbefore defined, and shall establish and regulate a retirement fund in connection therewith.

(312 amended Mar. 31, 1937, P.L.191, No.47)

Section 313. Retirement Board.--The retirement system shall be under the sole direction of a retirement board, hereinafter designated the board, which shall consist of the county commissioners, the treasurer, the controller of the county, and two persons elected from among the members of the retirement system--one to serve for two years and one for four years. Following the completion of the initial terms, the stated terms of such members shall be four years. A vacancy occurring during the term of any member of the retirement board shall be filled for the unexpired term by the appointment or election of a successor in the same manner as his predecessor. A majority of the members of the retirement board shall constitute a quorum for the transaction of any business.

(313 amended May 22, 1933, P.L.840, No.148)

Section 314. Treasurer and Secretary of Board; Power of Board to Employ Persons.--The county treasurer shall be the treasurer of the board, and shall give such bond for the proper performance of his duties as is required by the board. The premium on said bond shall be paid from the retirement fund on warrants of the board. The treasurer shall receive for his services the sum of one hundred dollars ($100.00) per annum, from the retirement fund, payable on warrants of the board. The county controller shall be the secretary of the board.

The Retirement Board shall have the power and authority to employ, fix the salaries or wages of, and pay from the retirement fund on warrants of the board, one retirement clerk and one solicitor.

(314 amended June 15, 1939, P.L.365, No.214)

Section 315. Register of Employes; Regulations of Board.--The board shall keep a register of county employes, containing the names, ages, residence, nature of employment, time of entering employ, and such other information as the board deems necessary in the performance of its duties. The board may adopt, amend, revise and abolish, in its discretion, such regulations, not inconsistent with law, as it deems necessary.

(315 amended Mar. 31, 1937, P.L.191, No.47)

Section 316. List of Employes.--The head of each department or office shall file with the board a list of all county employes of such department or office or agency, with the amount of the salary or wage received by each, the age of the employe, time of entering employ, and such other information relative to such employes as is required by the board. From time to time, and whenever requested by the board, all dismissals, appointments, resignations, transfers, changes in salaries or in employment, and other,information relative to employes, shall be furnished to the board by the head of each such department or office or agency.

(316 amended Mar. 31, 1937, P.L.191, No.47)

Section 317. Appropriations to Retirement Fund.--The county commissioners shall, prior to February fifteenth of each year, appropriate, out of county taxes and institution taxes of said county and county institution district, a certain sum of money which shall be equal to the amount paid in by employes of said county, county institution district, workhouse and inebriate asylum and county retirement system. The county and county institution district shall pay into the fund the full amount of their appropriation on or before December thirty-first of each year. The portion of such sum to be paid by the county and the county institution district into such fund shall be such part thereof as the amount paid by the employes of such county, including the workhouse and inebriate asylum and county retirement system employes, or county institution district bears to the total amount paid into the retirement fund by the respective employes.

(317 amended June 15, 1939, P.L.365, No.214)

Section 318. Payment by Employes.--Each county employe shall, each month, pay into the retirement fund five per centum of the amount received by him or her as salary or wages during the preceding calendar month. In no event, shall any such employe pay at a rate greater than seventeen dollars and fifty cents ($17.50) a month. Such amount shall be collected by the county treasurer, and by him paid into the retirement fund. No employe shall be entitled to a retirement allowance who does not make the monthly payment herein required.

(318 amended June 28, 1951, P.L.597, No.149)

Section 319. Investment or Deposit of Fund.--The board shall have power to invest the money of the retirement fund or any part thereof subject to the terms, conditions, limitations and restrictions that are now, or may hereafter, be provided by law for investments of trust funds by fiduciaries, or the retention or sale of certain investments in the hands of fiduciaries. Subject to like terms, conditions, limitations and restrictions the board shall have power to hold, purchase, sell, assign, transfer or dispose of any of the securities and investments in the retirement fund, as well as the proceeds of said investments and of the money belonging to said fund, or it may deposit such moneys or any part thereof in one or more banks or trust companies of the county selected by the board. The banks or trust companies offering to pay the highest rate of interest, and that have a paid-in capital and surplus of not less than three hundred thousand dollars, shall be selected. A contract with a depositary shall be for a period covering the term of the county treasurer. No moneys shall be paid to a depositary until it shall have executed to the board a bond for the proper safeguarding of the funds so deposited. The bonds shall have such surety as is approved by the court of common pleas. No moneys exceeding in the aggregate the amount of the bond shall be paid to any depositary.

(319 amended May 31, 1947, P.L.354, No.162)

Section 320. Persons Entitled to Retirement Allowances.--(a) Every county employe who has reached the age of sixty years or upwards, and who shall have been a county employe during a period of not less than twenty years, shall, upon application to the board, be retired from service, and shall thereafter receive during life a retirement allowance as herein provided for. The time spent in the employ as a county employe need not necessarily have been continuous: Provided, That when any present employe has had twenty or more years of service, not necessarily continuous, and has reached the age of fifty years, and shall be or shall have been separated from the service by reason of no cause or act of his own, upon application to the board shall thereafter receive during life a retirement allowance as herein provided for: And further provided, That when any person entering the employment of the county, after the effective date of this amending act, has had twenty or more years service in the county, not necessarily continuous, and shall be separated from the service of the county by reason of no cause or act of his or her own, upon notice to the board he or she shall have such rights and benefits pertaining to such persons entering the employment of the county after the effective date of this act, as provided under section three hundred twenty-three of this act.

(b) A county employe who became such through the consolidation of a city institution district with a county institution district, may have the period of his city employment credited as county employment for all purposes under this act: Provided, That the said employe shall pay into the retirement fund the amount which he would have been required to pay into the said fund if he had been a county employe, from the date of his original employment with the city: And further provided, That the city by which the said employe was formerly employed shall pay into the retirement fund an amount equal to that paid into the said fund by the said employe under the provisions of this act. If such employe leaves the county employ at any time, withdraws his contribution to the retirement fund, as this act provides, the city shall also have the right to withdraw its contributions, and if such employe returns to the county employ and returns the amount withdrawn from the retirement fund plus interest as this act provides, the city shall also return the amount withdrawn by it plus interest at the same rate. Any city is hereby authorized and empowered to make an appropriation out of the funds of the city to the retirement fund as herein provided.

(c) Any county employe who has been employed by the county for a period of six months, and who thereafter shall enlist in or be inducted into the military service of the United States in time of war or national emergency, so proclaimed by the President of the United States, shall have credited to his employment record for retirement benefits all of the time spent by him in such military service during the continuance of such war or national emergency, and such payments as are required to be made by such county employe into the county employes' retirement fund shall be paid into such fund by the county.

(320 amended May 31, 1947, P.L.354, No.162)

Section 321. Exception in Favor of Persons Totally and Permanently Disabled.--Any county employe who has been in employ for a period of not less than fifteen years shall be entitled to a retirement allowance if he or she becomes totally and permanently disabled, even though such employe has not reached the age of sixty years.

Proof of total and permanent disability shall be by the sworn statement of three practicing physicians of the county, designated by the board. Once each year the Retirement Board may require any person who is receiving retirement allowance by reason of total and permanent disability to undergo medical examination by a physician or physicians designated by the Retirement Board. Should such physician or physicians thereupon report and certify to the Retirement Board that such person is no longer totally and permanently disabled, or that such person is able to engage in a gainful occupation, and should the Retirement Board concur in such report, then the amount of the retirement allowance shall be discontinued.

(321 amended May 31, 1947, P.L.354, No.162)

Section 322. Amount of Retirement Payment.--The retirement allowance paid under the provisions of this act shall equal annually fifty per centum of the average annual amount received by the employe as salary or wages during the two years immediately preceding the date of retirement of the employe receiving the retirement allowance, and no person receiving a retirement allowance shall be required to pay any amount into the retirement fund. No retirement allowance hereafter paid to any beneficiary who has heretofore retired or who shall hereafter retire shall be less than seventy-five dollars ($75.00) per month nor shall it exceed the sum of one hundred seventy-five dollars ($175.00) per month. Retirement allowances shall be paid in monthly instalments on warrant on the board.

(322 amended Jan. 14, 1952 (1951), P.L.1884, No.516)

Section 323. Retirement Allowance After Leaving Service.--If any present county employe, after twenty years service, is dismissed, or retires voluntarily, or is in any other manner deprived of his or her employment before attaining the age of fifty or sixty years, as the case may be, such employe, if he continues to contribute to the retirement fund monthly a sum equal to the last monthly contribution paid while in employ, shall, when he or she reaches the age of fifty or sixty years, as the case may be, be entitled to a retirement allowance.

Any person entering the employment of the county after the effective date of this amending act who, after twenty years service in the county and before attaining the age of sixty years, shall be dismissed from the service of the county by reason of no cause or act of his or her own, and who desired to continue as a member of the retirement fund shall cease to pay any further amount into the said fund and shall notify the board in writing of this fact. When he or she shall reach the age of sixty years such person shall be eligible for a retirement allowance under the same conditions as if he or she had remained an employe of the county.

Any person entering the employment of the county after the effective date of this amending act who, after twenty years service retires voluntarily before reaching the age of sixty years, shall pay into the retirement fund monthly, a sum equal to the last monthly contribution paid while in the employ of the county, until he or she reaches the age of sixty years when such former county employe shall be entitled to a retirement allowance under the same conditions as if he or she had remained in the employ of the county.

(323 amended May 31, 1947, P.L.354, No.162)

Section 324. Refund of Contributions.--If any county employe, contributing monthly to the retirement fund, shall, for any cause, cease to be a county employe before he or she shall receive the benefits of the retirement allowances, the total amount of the contributions paid into the retirement fund by such employe shall, upon demand in writing, be repaid to him or her, or in the event of the death of any such employe the amount of said contributions shall be paid to such person or persons as he or she shall have designated in writing as filed with the board as his or her beneficiary or to his or her estate.

If any employe receiving a retirement allowance shall die before he or she shall have received the total retirement allowance payments equal to the total amount of contributions as made by such employe to the retirement fund, the difference between the total of the retirement allowance payments and the total of the amount of contributions paid into the retirement fund by such employe, shall be paid to such person or persons as he or she shall have designated in writing as filed with the board as his or her beneficiary or to his or her estate.

(324 amended May 31, 1947, P.L.354, No.162)

Section 325. Reinstatement and Requirements for Credit for Previous Service.--Should any county employe, who has withdrawn his contribution paid into the retirement fund, desire to be reinstated, and again become a member thereof, he or she may do so by the payment in full of the amount withdrawn, with interest at the legal rate, the said interest to be computed from the date of withdrawal to the date of repayment. Both principal and interest shall be paid into the retirement fund at one time and in one amount. In addition, each such county employe shall pay the assessments provided for in section three hundred and eighteen of this act. Any county employe who desires to be given credit for previous service in the employ of the county as an elected or appointed employe or official, where such service was rendered to the county at a time when a retirement system was not in existence or when such employe was not a member of the county retirement system, shall make application to the Retirement Board and, upon approval thereof, shall pay into the retirement fund a sum equal to twice the payment which such employe would have made had the retirement system been in effect or had such person been a member thereof and had the payments been made in accordance with the provisions of this act. In addition thereto, interest at the legal rate shall be paid from the date when the said monthly payment would have been made. Thereafter such county employes shall make monthly payments in accordance with the provisions of section three hundred and eighteen of this act. Any person employed by any county correctional institution at the date such person became eligible for membership in the county retirement system who desires to be given credit for previous service in the employ of such institution when such employe was not eligible for membership shall make application to the Retirement Board and, upon approval thereof, shall pay into the retirement fund a sum equal to twice the payment which such employe would have made had the retirement system been in effect or had such person been a member thereof and had the payments been made in accordance with the provisions of this act. In addition thereto, interest at the legal rate shall be paid from the date when the said monthly payment would have been made. Thereafter, such county employes shall make monthly payments in accordance with the provisions of section three hundred eighteen of this act.

(325 amended May 20, 1949, P.L.1592, No.481)

Section 326. Retirement Allowance Not Subject to Attachment or Assignment; Suspension of Retirement Allowance; Ineligibility.--No retirement allowance herein provided for shall be subject to execution or to attachment. It shall be payable only to the beneficiary herein provided £or, and shall not be subject to assignment or transfer. If any member of the retirement system is receiving a retirement allowance and he or she shall or may hereafter be employed by the government of the United States, or the Commonwealth of Pennsylvania, or any political subdivision thereof, then the retirement board shall, and is hereby given the authority to, suspend the retirement allowance to such member of the retirement system during such employment. Hereafter no person who, at the time of his employment as a county employe, is receiving or is eligible to receive retirement allowance from the Commonwealth of Pennsylvania, or any other political subdivision thereof, shall be eligible to receive a retirement allowance from the county retirement system.

(326 amended Mar. 31, 1937, P.L.191, No.47)

Section 327. Employes of County Poor District May Join Pension Fund.--(327 repealed May 22, 1933, P.L.840, No.148)

(q) POLICE IN COUNTIES OF THE SECOND CLASS

(Subdiv. added Mar. 30, 1937, P.L.114, No.39)

Section 330. Employment of Police in Counties of the Second Class.--The county commissioners of counties of the second class shall have power to employ such number of police at such annual compensation as may be allowed and fixed by the salary board of the county. The compensation of such police officers shall be paid by the county. Such police officers shall have jurisdiction anywhere within the county by which employed, and shall have and possess all the following powers:--

(a) To make arrests without warrant for all violations of the law which they may witness, and to serve and execute warrants issued by the proper authorities: Provided, however, That in cases of offenses for violation of any of the provisions of the Vehicle Code, the power to make arrests without warrant shall be limited to cases where the offense is designated a felony or a misdemeanor, or in cases causing or contributing to an accident resulting in injury or death to any person.

(b) To have all the powers and prerogatives conferred by law upon members of the police force of cities of the first class.

(d) To serve subpoenas issues for any examination, investigation or trial had pursuant to any law of the Commonwealth.

(330 added Mar. 30, 1937, P.L.114, No.39)

Section 330.1. No member of the police force of counties of the second class shall be appointed, promoted, reduced in rank, suspended, furloughed, discharged or reinstated, except in accordance with the following provisions: Provided, however, That all appointments to and promotions in the police force in said counties, which shall be made during the period beginning December seventh, one thousand nine hundred forty-one and ending six months after cessation of hostilities of the war in which the United States is now engaged, shall be provisional for and during such period.

(330.1 added May 4, 1943, P.L.159, No.82)

Section 330.2. Civil Service Commission Created; Appointments; Vacancies.--There is hereby created in each county of the second class a civil service commission, hereinafter referred to as the commission. Each commission shall consist of three commissioners, who shall be appointed by the county commissioners and who shall be qualified electors of the county for which appointed, and shall be appointed initially to serve the terms of two, four, and six years, and as terms thereafter expire shall be appointed for terms of six years. Not more than two members of the commission shall be of the majority and at least one shall at all times be of the minority political parties. The members of the commission first appointed under the provisions of this act shall be appointed within thirty days after the effective date of this act. Any vacancy occurring in any commission, for any reason whatsoever, shall be filled for the unexpired term within a period of thirty days after such vacancy occurs. Each member of the commission created by this act shall, before entering upon the discharge of the duties of his office, appear before the court of common pleas and take an oath or affirmation to support the Constitutions of the United States and of the Commonwealth of Pennsylvania and to perform his official duties with fidelity.

No commissioner shall at the same time hold an elective or appointive office under the United States Government, the Commonwealth of Pennsylvania or any political subdivision of the Commonwealth.

(330.2 added May 4, 1943, P.L.159, No.82)

Section 330.3. Organization of Commission; Quorum.--The commission for each county of the second class shall organize within ten days after its appointment, and shall elect one of its members as the chairman and one as the secretary of the commission. The commission shall thereafter meet and organize on the second Monday of each even-numbered year. Each commissioner shall be notified in writing of each meeting of the commission. Two members of the commission shall constitute a quorum and no action of the commission shall be valid unless it shall have the concurrence of at least two members.

(330.3 added May 4, 1943, P.L.159, No.82)

Section 330.4. Clerks and Supplies.--The county commissioners of the counties of the second class shall furnish to the commission on its requisition such clerical assistance as may be necessary for the work of the commission. The board of county commissioners shall provide a suitable and convenient room or rooms for the use of the commission. The commission shall order from the county commissioners the necessary stationery, postage, printing and supplies, and the county commissioners shall aid the commission in all proper ways in carrying out the provisions of this act.

(330.4 added May 4, 1943, P.L.159, No.82)

Section 330.5. Rules and Regulations.--Each commission shall have power to prescribe, amend and enforce rules and regulations for carrying into effect the provisions of this act, and shall be governed thereby. Before any such rules and regulations are in force, the same shall first be approved by the board of county commissioners of such county. When such rules and regulations have been so approved they shall not be annulled, amended or added to without the approval of the board of county commissioners. All such rules and regulations and modifications thereof shall be printed for public distribution.

(330.5 added May 4, 1943, P.L.159, No.82)

Section 330.6. Minutes; Records; Annual Report.--Each commission shall keep minutes of its proceedings and records of examinations and other official actions. All recommendations of applicants for appointment received by the commission shall be kept and preserved for a period of five years, and all such records and all written causes of removal filed with the commission shall be subject to reasonable regulations and open to public inspection. The commission shall make an annual report to the board of county commissioners containing a brief summary of its work during the year, which shall be available for public inspection five days after the filing thereof.

(330.6 added May 4, 1943, P.L.159, No.82)

Section 330.7. Investigations; Subpoenas.--The commission shall have power to make investigations concerning all matters touching the administration and enforcement of the provisions of this act and rules and regulations adopted thereunder. Any member of the commission is hereby given power to administer oaths as oaths are administered by other public officers invested by law with the power of administering oaths, with the same force and effect and carrying the same penalties. The commission shall have power to issue subpoenas over the signature of the chairman or secretary to require the attendance of witnesses and the production of records and papers pertaining to any investigation or inquiry authorized by this act. The fees of such witnesses and for travel shall be the same as for witnesses appearing in the courts of common pleas, and shall be paid from appropriations for incidental expenses of the commission as provided by the board of county commissioners. All officers and employes in public service shall attend and testify when required to do so by the commission. If any person shall refuse or neglect to obey any subpoena issued by the commission he shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine not to exceed one hundred dollars ($100.00) or imprisonment in the county jail not to exceed thirty days. If any person shall refuse or neglect to obey any subpoena issued by the commission, it may by petition apply to the court of common pleas of the county for its subpoena requiring the attendance of such persons before the commission or the court there to testify and to produce any records and papers, and in default thereof shall be held in contempt of court and punished therefor.

(330.7 added May 4, 1943, P.L.159, No.82)

Section 330.8. General Provisions Relating to Examinations.--Each commission shall make rules and regulations to be approved as herein provided, providing for the examination of applicants for positions in the police force, and promotions therein, which rules and regulations shall prescribe the minimum qualifications of all applicants to be examined, and the passing grades. All examinations for positions or promotions in the police force of any county of the second class shall be practical in character, and shall relate to such matters, and include such inquiries as will fairly test the merit and fitness of the persons examined to discharge the duties of the employment sought by them. All examinations shall be open to all applicants who have the minimum qualifications required by the rules and regulations, but in no case shall an applicant for promotion be considered until such application shall have first served three years in the police force in which he seeks promotion. Each applicant for examination shall be subject to the rules adopted by the commission, and shall be required to submit to a physical examination before being admitted to the regular examination held by the commission. Public notice of the time and place of every examination, together with the information as to the kind of position or place to be filled, shall be given by publication once in a newspaper or papers of general circulation in the county at least two weeks prior to each examination, and a copy of the notice shall be prominently posted in the office of the commission or other public place. The commission shall post in its office the eligible list containing the names and grades of those who have passed the examination for positions under this act. In cases of applications for position to the police force, soldiers as defined by the act approved the fifth day of August, one thousand nine hundred forty-one (Pamphlet Laws, eight hundred seventy-two), entitled "An act providing for and requiring in certain cases preference in appointment to public position for honorably discharged persons who served in the military or naval service during any war in which the United States was engaged," shall be given the additional credits provided for by said act.

(330.8 added May 4, 1943, P.L.159, No.82)

Section 330.9. Application for Examination for Appointment to the Police Force.--Each person desiring appointment to the police force of counties of the second class shall apply to the commission for examination, and shall file with the commission a formal application as provided by it, and shall state under oath or affirmation: (a) his full name and residence or post office address, (b) his citizenship, place and date of birth, (c) his condition of health and physical capacity for public service, (d) his business or employment and his residence for the past five years, and (e) such other information as may be required by the commission's rules and regulations showing the applicant's qualifications for the position for which he is being examined.

No person shall be eligible to apply for examination unless he is more than twenty-one years of age at the date of application and has been a resident of the county for at least two years immediately preceding his application, unless no resident applicants are available.

(330.9 added May 4, 1943, P.L.159, No.82)

Section 330.10. Rejection of Applicant; Hearing.--The commission may refuse to examine any applicant, or if examined may refuse to certify, after examination, as eligible anyone who is found to lack any of the minimum qualifications for examination prescribed in the rules and regulations adopted for the position or employment for which he has applied, or who is physically disabled and unfit for the performance of the duties of the position to which he seeks employment, or who is addicted to the habitual use of intoxicating liquors or drugs, or who has been guilty of any crime involving moral turpitude, or infamous or notorious disgraceful conduct, or who has been dismissed from public service for delinquency or misconduct in office, or who is affiliated with any group whose policies or activities are subversive to the form of government set forth in the Constitutions and laws of the United States and of Pennsylvania. If any applicant or person feels himself aggrieved by the action of the commission in refusing to examine him or to certify him as eligible for examination, they shall at the request of such person, within ten days, appoint a time and place where he may appear personally and with counsel, whereupon the commission shall then review its refusal to make such examination or certification and take such testimony as may be offered and then again render its decision.

(330.10 added May 4, 1943, P.L.159, No.82)

Section 330.11. Manner of Making Appointments.--Every position of employment (except that of superintendent of police or equivalent official), unless filled by promotion or reinstatement, shall be filled only in the following manner: The county commissioners shall notify the commission of any vacancy in the police force which is to be filled, and shall request the certification of a list of eligibles. The commission shall certify for each existing vacancy from the eligible list the names of three persons thereon who have received the highest average in the last preceding examination held within a period of one year next preceding the date of the request for such eligibles. The county commissioners shall thereupon, with sole reference to the merits and fitness of the candidates, make an appointment from the three names certified, unless they make objections to the commission as to one or more of the persons so certified for any of the reasons stated in the preceding section of this act. As each subsequent vacancy occurs in the same or another position precisely the same procedure shall be followed.

(330.11 added May 4, 1943, P.L.159, No.82)

Section 330.12. Superintendent of Police, etc.--In the case of a vacancy in the office of superintendent of police or equivalent official, the county commissioners may nominate a person to the commission. It shall thereupon become the duty of the commission to subject such person to a noncompetitive examination, and if such person shall be certified by the commission as qualified, he may then be appointed to such position and thereafter shall be subject to all the provisions of this act.

(330.12 added May 4, 1943, P.L.159, No.82)

Section 330.13. Probationary Period.--After the effective date of this act all appointments to any position in the county police force shall be for a probationary period of six months, but during the probationary period an appointee may be dismissed only for cause as specified in section 330.10 of this act. If at the close of the probationary period the conduct or fitness of the probationer has not been satisfactory to the board of county commissioners the probationer shall be notified in writing that he will not receive a permanent appointment. Thereupon his appointment shall cease; otherwise his retention shall be equivalent to a permanent appointment.

(330.13 added May 4, 1943, P.L.159, No.82)

Section 330.14. Provisional Appointments.--Whenever there are urgent reasons for the filling of a vacancy in any position in the police force, and there are no names on the eligible list for such appointment, the board of county commissioners may nominate a person to the commission for a noncompetitive examination, and if such nominee shall be certified by the commission as qualified, after such noncompetitive examination, he may be appointed provisionally to fill such vacancy until an examination for such position can be held. It shall thereupon become the duty of the commission, within three weeks from the date of provisional appointment, to hold a competitive examination for such position and certify a list of eligibles to the board of county commissioners, and they shall then make a regular appointment as prescribed in this act; but nothing herein contained shall prevent the appointment without examination of persons temporarily as police officers in emergency cases for the suppression of riots, tumults in times of war, pestilence, conflagration or public celebration.

(330.14 added May 4, 1943, P.L.159, No.82)

Section 330.15. Promotions.--Promotions shall be based on merit, to be ascertained by written examinations to be prescribed by the board of county commissioners, and held under the supervision of the commission. All examinations for promotions shall be practical in character, and such as will fairly test the merit and fitness of the persons seeking promotion. No member of the county police force shall be eligible to take any promotional examination until after serving three years in the county police force for which such examination is held. The board of commissioners shall have power to determine in each instance whether an increase in salary shall constitute a promotion.

(330.15 added May 4, 1943, P.L.159, No.82)

Section 330.16. Physical Examinations.--All applicants for examination shall undergo a physical examination, which shall be conducted under the supervision of a doctor of medicine, appointed by the board of county commissioners. No person shall be eligible to take an examination until said doctor certifies to the commission that the applicant is free from any bodily or mental defects, deformity or disease that might incapacitate him from the discharge of the duties of the position desired in the police force.

(330.16 added May 4, 1943, P.L.159, No.82)

Section 330.17. Reducing in Rank; Suspension; Furloughing; Discharging.--(a) No person employed in a county police force shall be reduced in rank (except superintendent of police), suspended, furloughed, discharged or reinstated, except for following reasons: (1) neglect or violation of any official duty; (2) violation of any law of this Commonwealth which provides that such violation constitutes a misdemeanor (carrying both a fine and imprisonment), or a felony; (3) inefficiency (except as hereinafter provided), willful disobedience of orders or conduct unbecoming a police officer; (4) drinking of intoxicating liquor while on duty, or the use of which renders him unfit for duty when called upon. In every such case of reduction of rank (except that of superintendent of police), suspension, furlough or discharge, a copy or statement of the reasons therefor and written answers thereto shall be furnished to the person sought to be reduced in rank, suspended, furloughed or discharged, if he shall demand it. He shall have the right to appeal to the commission for a hearing on the reasons or charges preferred against him. Upon the written request for such a hearing the commission shall arrange for such hearing within ten days from receipt of such request. At any such hearing the person against whom the charge or reason is made may be present in person and by counsel, and the burden shall be upon the party making such charges or reasons to justify his action. In the event the commission fails to uphold the action of the party who made the charges or reasons, then the person against whom the charges were preferred shall be paid in full his salary for the time he may have been prevented from performing his usual employment as a police officer, and no record of the case shall be placed against his service record in the police force. If, in the case of demotion of any employe (except that of superintendent of police), the charges or reasons are sustained, then such person shall not be reverted below his seniority standing on the roster of the grades of patrolman in the police force. A written record of all testimony shall be taken at any and all hearings held by the commission, and such records shall be sealed and not available to public inspection in the event no appeals are taken from the action of the commission. In the event the commission shall sustain the party who preferred the charges or reasons, then the party against whom the charges or reasons were made shall have immediate right of appeal to the court of common pleas of the county. Such appeal shall be taken within the period of ninety days from the date of entry by the commission of its final order, and shall be by petition. Upon such appeal being taken and docketed, the court of common pleas shall fix a day for the hearing, and proceed to hear the appeal de novo on the original record, and the employe shall be reduced, suspended, furloughed, or discharged, in accordance with the order of the court of common pleas.

(b) In cases where a member of a county police force whose duties are those of an outside policeman is found to be physically unfit to perform such duties due to an infirmity resulting from the performance of his duties as a policeman, or whenever any such member has served for a period of twenty years and is at least fifty years of age, such member, upon application to the board of county commissioners, shall, if there is any vacancy existing in the number of building policemen, building guards, or other positions, the responsibility of which is building protection or security, as set forth in the budget of the county, be assigned to inside work as building policeman or other special duties, without any diminution in pay. Where more applications are made and filed than there are vacancies existing, such assignments shall be made first to applicants found to be physically unfit and secondly to applicants in order of their seniority in service. Where two or more applicants have equal seniority in service, assignments shall be determined by the alphabetical order of the first letter of the surname of the applicants. As vacancies occur, assignments shall be made according to a seniority list determined as aforesaid.

(330.17 amended Aug. 17, 1951, P.L.1256, No.297)

Section 330.18. Reduction in Number of Policemen; Reinstatement.--If for reasons of economy or other reasons it shall be deemed necessary by the board of county commissioners to reduce the number of policemen in the police force, then such reduction in numbers shall be made in the following manner: (a) if there are any policemen eligible for retirement under the terms of any retirement or pension system or law, then such reduction in numbers shall be made by retirement, if the party to be retired has served in the police force for a period of at least twenty-five years, and reached the age of fifty-five years or over; (b) if the number of policemen eligible for retirement is insufficient to effect the reduction in numbers decided upon by the board of county commissioners, or if no retirement or pension system or law exists, or if there are no policemen eligible for retirement or pension, then the reduction shall be made by furloughing the last policeman, including the probationers that have been appointed to the police force, and continue in numerical order until the reduction decided upon by the board of county commissioners has been effected. In any case where there has been more than one employe appointed at the same time, then such furloughing shall be determined by the alphabetical order of the first letter of their surname. In the event the said police force shall again be increased in numbers, then the employes furloughed shall be reinstated in the inverse order of that in which they were furloughed, before any new appointments shall be made to the police force.

(330.18 added May 4, 1943, P.L.159, No.82)

Section 330.19. Present Employes Exempted.--All members (except superintendent of police) of the county police force, upon the effective date of this act, shall continue to hold their positions and shall not be required to take any examination under the provisions of this act, except such as may be required for promotion. Any member of a county police force for counties of the second class who was dismissed from such force since January first, one thousand nine hundred forty-three, for any reason except those as specified in section 330.10 of this act, shall be reinstated to his former position in the police force without any examinations whatsoever. All members of the county police force now or hereafter serving in the armed forces of the United States during the war in which the United States is now engaged, shall upon their honorable discharge from such service and their return to such police force be reinstated in the force in a position of equal grade to that which he held immediately before entering the armed forces of the United States, and shall continue to hold such position, and shall not be required to take any examination under the provisions of this act, except such as may be required for promotion.

(330.19 added May 4, 1943, P.L.159, No.82)

Section 330.20. Discrimination on Account of Religious or Political Affiliations.--No question in any form of application for any examination, or in any examination, shall be so framed as to elicit information concerning the religious or political opinions of any applicant, nor shall inquiry be made concerning such opinions or affiliations, and all such disclosures thereof shall be discountenanced. No discrimination shall be exercised, threatened or promised by any person in or interested in the police force, against or in favor of an applicant on the eligible list for appointment to or promotion in the police force, because of his religious or political opinions or affiliations.

(330.20 added May 4, 1943, P.L.159, No.82)

Section 330.21. Penalties.--Any county commissioner or anyone acting for said board of county commissioners of counties of the second class, who shall cause any person to be appointed to or promoted in a police force for such counties contrary to the provisions of this act, or who violates any of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction, shall be sentenced to pay a fine of not more than five hundred dollars ($500.00) or suffer imprisonment not exceeding one year, or both.

(330.21 added May 4, 1943, P.L.159, No.82)

Section 330.22. Compensation of the Commission and its Employes.--The compensation to be received by members of the commission, or any of the employes they may require for putting into effect the provisions of this act, shall be fixed in the same manner as the compensation of other officers and employes are fixed in such counties.

(330.22 added May 4, 1943, P.L.159, No.82)

Section 330.23. Every member of the police force of counties of the second class shall have at least twenty-four consecutive hours of rest in each calendar week, except in emergency cases for the suppression of riots or tumults, or the preservation of the public peace in times of war, riot, conflagration or public celebration. No such member shall be required to work more than eight consecutive hours in any twenty-four hours, except in the aforesaid cases of emergency. Every such member shall be allowed one day's vacation for each month of service for the first twelve months of service, and thereafter, an annual vacation of not less than fourteen days; and he shall be allowed an annual sick leave of not less than fourteen days, all without any deduction or diminution of salary or compensation as fixed by the salary board of the county.

(330.23 added May 22, 1945, P.L.820, No.327)

Section 330.24. Every member of the police force for counties of the second class who may be injured or become sick through the performance of his duties, and by reason thereof, is temporarily incapacitated from performing his duties, shall be paid by the county by which he is employed his full rate of salary as fixed by the salary board of such county, until the disability arising therefrom has ceased. All medical and hospital bills incurred in connection with any such injury or sickness shall be paid by such county. All benefits under the Workmen's Compensation Law which shall be received or collected by any such member during the period he has received salary for temporary disability, shall be paid over to the county, and paid into the treasury thereof. If any such payment or payments shall not be so made by such member of such police force, the amount so directed to be paid to the county shall be deducted from any salary which shall then, or thereafter, become due and owing to such member.

(330.24 added May 22, 1945, P.L.820, No.327)

ARTICLE IV

FINANCE

(a) COUNTIES HAVING A CONTROLLER

Section 341. Controller Charged With General Supervision and Control of Fiscal Affairs.--The controller shall have a general supervision and control of the fiscal affairs of the county, and of the accounts and official acts of all officers or other persons who shall collect, receive or distribute the public moneys of the county, or who shall be charged with the management or custody thereof. He may at any time require from any of them, in writing, an account of all moneys or property which may have come into their control. He shall, immediately on the discovery of any default or delinquency, report the same to the commissioners and the court of common pleas of the county, and shall take immediate measures to secure the public moneys or property and remove the delinquent party, if in office, and not removed by the commissioners.

Section 342. Accounts of Officers.--The controller shall furnish the commissioners of the county, whenever required by them, a detailed account of any officer or other person having in his possession or under his control funds belonging to the county, and shall, between the hours of ten o'clock ante meridian and two o'clock post meridian, give information respecting any of said accounts to any taxpayer of the county demanding the same.

He shall have power and authority to require each and every county officer to make a quarterly statement with respect to moneys in his possession or control as a county officer, showing the amount of cash on hand and the amount deposited in banks, banking institutions, and trust companies, together with the names of such institutions. He shall have power to examine every such account of a county officer in any bank, banking institution or trust company to verify the accuracy of the statement of such county officer, and it shall be the duty of every such bank, banking institution or trust company, its officers and agents, to furnish full information to the controller in relation to such account of such county officer. No bank, banking institution or trust company, its officers or agents, shall be subject to prosecution under other laws of this Commonwealth for disclosing any such information with respect to any account of a county officer.

(342 amended Mar. 10, 1937, P.L.37, No.12)

Section 343. Custody of Valuable Documents.--The controller shall have the custody of all title deeds to real estate owned by the county, and of all contracts entered into by or on behalf of the county, and of all books, documents, and papers relating to its financial affairs, and of all bonds and other obligations issued by said county when paid. Such bonds and other obligations, when so paid, shall be distinctly cancelled by the controller, and carefully and regularly filed, a register of which cancellation shall be kept by him in a book to be provided for that purpose.

Section 344. Books of Fiscal Affairs.--The controller shall keep a full and regular set of books, in detail, by double entry, of all the fiscal operations of the county, embracing as many accounts under appropriate titles as may be necessary to show distinctly and separately all the property of the county, its receipts, and expenditures, and all debts and accounts due by the county officers or others, and amount raised from each source of revenue, and the expenditures in detail and classified by reference to the objects thereof. He shall prescribe the form and manner of keeping the books and papers used by each of the officers of said county in connection with the fiscal affairs of the county.

Section 345. Report to Common Pleas; Publication; Financial Report to Department of Internal Affairs.---He shall, in the month of January in every year, make a report, verified by oath or affirmation, to the court of common pleas of said county, of all receipts and expenditures of the county for the preceding year, in detail, and classified as required in the preceding section of this act, together with a full statement of the financial conditions of the county. Such report shall thereupon be published one time in such newspapers published in said county as the controller may direct, the aggregate cost of which shall not exceed one thousand five hundred dollars in any one year, to be paid for out of the county treasury. Such report may also be published in printed pamphlets at the cost of the county. The number and cost of such pamphlets to be determined by the controller and the county commissioners.

The controller shall also, annually, within sixty days after the close of the fiscal year, make a report to the Department of Internal Affairs of the financial condition of the county in manner and form required to be made by the auditors of the county under the provisions of section three hundred sixty-four of this act, and subject to the penalties provided in said section for refusing or neglecting to make said report.

(345 amended Jul. 18, 1935, P.L.1184, No.386)

Section 346. Preparation of Annual Budget.--On or before the first day of February of each year, and at least thirty days prior to the adoption of the annual budget, the controller shall transmit to the commissioners a proposed budget giving a detailed estimate of and for the legitimate purposes of the county for the current year, including interest due and to fall due on all lawful debts of the county bearing interest. Such budget, when finally adopted by the commissioners, shall be the guide to the commissioners in fixing the tax rate. Said budget shall be prepared as provided in section three hundred seventy of this act.

The commissioners shall, at the same time the budget is adopted, fix such rate of taxation upon the valuation of the property taxable for county purposes as will raise sufficient sum to meet the said expenditures. The commissioners shall not, by contract or otherwise, increase the expenditures of the county in any year to an amount beyond the taxes assessed as aforesaid for said year.

(346 amended Jul. 18, 1935, P.L.1184, No.386)

Section 347. Duty of Treasurer; Receipts of Money for Counties.--The county treasurer shall receive all moneys due or accruing to the county. He shall keep a just and true account of all moneys received and disbursed. The books of the treasurer shall at all times during office hours be open to the inspection of the controller. He shall report daily to the controller all moneys received by him for the county, the person by whom, and on what account they were paid. The treasurer shall give his receipt for all moneys paid into the county treasury. Such receipts shall be countersigned by the controller, who shall keep an accurate record of the same.

Section 348. Contracts.--The county commissioners may make contracts for lawful purposes, and for the purposes of carrying into execution the provisions of this section, and the laws of the Commonwealth.

(a) All contracts or purchases in excess of five hundred dollars ($500), except those hereinafter mentioned, shall not be made except with, and from, the lowest responsible bidder, after due notice in one newspaper of general circulation, published or circulating in the county in which the board of county commissioners is situated, at least three (3) times at intervals of not less than three (3) days where daily newspapers of general circulation are employed for such publication, or in case weekly newspapers are employed, then the notice shall be published once a week for two (2) successive weeks. The first advertisement shall be published not less than ten (10) days prior to the date fixed for the opening of bids.

((a) amended May 11, 1949, P.L.1127, No.337)

(b) The acceptance of bids shall only be made by public announcement at the meeting at which bids are received, or at a subsequent meeting, the time and place of which shall be publicly announced, when bids are received. If for any reason one or both of the above meetings shall not be held, the same business may be transacted at any subsequent meeting, if at least five (5) days notice thereof, shall be published in the newspaper aforesaid.

(c) The successful bidder, when advertising is required herein, shall be required to furnish a bond with suitable reasonable requirements guaranteeing performance of the contract, with sufficient surety in the amount of fifty per centum (50%) of the amount of the contract, within twenty (20) days after the contract has been awarded, unless the commissioners shall prescribe a shorter period of not less than ten (10) days, and upon failure to furnish such bond within such time, the previous awards shall be void. Deliveries, accomplishment and guarantees may be required in all cases of expenditures including the exceptions herein.

((c) amended May 11, 1949, P.L.1127, No.337)

(d) The contracts or purchases made by the commissioners involving an expenditure of over five hundred dollars ($500) which shall not require advertising or bidding, as hereinbefore provided, are as follows:

(1) Those for maintenance, repairs or replacements for water, electric light, or other public works, of the several class counties: Provided, That they do not constitute new additions, extensions or enlargements, of existing facilities and equipment, but a bond may be required by the board of county commissioners as in other cases of work done.

(2) Those made for improvements, repairs and maintenance of any kind, made or provided by any of the several class counties through its own employes: Provided, That this shall not apply to construction materials used in a street improvement.

(3) Those where particular types, models or pieces of new equipment, articles, apparatus, appliances, vehicles or parts thereof, are desired by the board of county commissioners, which are patented and manufactured products.

(4) Those involving any policies of insurance or surety company bonds, those made for public utility service under tariffs on file with the Pennsylvania Public Utility Commission, those made with another political subdivision or a county, the Commonwealth of Pennsylvania, the Federal Government, any agency of the Commonwealth, or the Federal Government or any municipal authority, including the sale, leasing or loan, of any supplies or materials by the Commonwealth or the Federal Government or their agencies; but the price thereof shall not be in excess of that fixed by the Commonwealth, the Federal Government, or their agencies.

(5) Those involving personal or professional services.

(348 amended June 12, 1947, P.L.580, No.250)

Section 349. Claims Against County.--The controller shall scrutinize, audit and decide on all bills, claims and demands whatsoever against the county. All persons having such claims, shall first present the same to the controller, and, if required, make oath or affirmation before him to the correctness thereof. The controller may, if he deems it necessary, require evidence by oath or affirmation of the claimant and otherwise that the claim is legally due, and that the supplies or services for which payment is claimed have been furnished or performed under legal authority. He may inquire or ascertain whether any officer or agent of the county is interested in the contract under which any claim may arise, or has received or is to receive any commission, consideration or gratuity relating thereto, or whether there has been any evasion of the preceding section of this act by making two or more contracts for small amounts which should have been in one. If he shall find that there has been any evasion, or that any such officer or agent is so interested, he shall refuse to approve the claim. All claims which he shall find legally due he shall certify to the commissioners.

Section 350. Drawing Warrants.--The commissioners shall draw no warrant on the treasury for any debt, claim or demand whatsoever, not audited and approved by the controller as provided for in the foregoing section, except for the fees of jurors, witnesses, criers and tipstaves of the several courts of the county. The amount of said fees shall be ascertained by said courts, and entered on the records thereof, and duly certified by their respective clerks to the commissioners, being first sworn to before the controller. Said certificate shall be delivered by the commissioners to the controller for preservation as soon as the warrants are issued.

Section 351. Warrants; Reports on Financial Condition.--All warrants drawn on the county treasury by the commissioners shall be countersigned by the controller, who shall keep a correct register thereof, noting the number, date, and amount of each, the date of payment, and to whom and for what issued. The controller shall report to the commissioners, monthly or oftener if required by them, the amount of outstanding warrants registered and the amount of money in the treasury.

Section 352. Payment of County Moneys.--The treasurer shall pay no money out of the county treasury, except on warrants drawn by a majority of the commissioners, and countersigned by the controller. He shall cancel all warrants when paid, by distinctly spearing or cutting them, and shall deliver such warrants to the controller, who shall also cancel the same. He shall report daily to the controller all moneys paid out by him, giving the number of the warrant and the party to whom paid.

All outstanding warrants, issued before the controller enters upon the duties of his office, shall be presented to him as other claims against the county.

Section 353. Counties of the Second Class; Additional Clerk to Countersign Warrants.--In counties of the second class, the county controller may designate, in addition to the chief clerk, any clerk in his office to countersign warrants when properly drawn on the county treasurer, whenever, in the opinion of any such controller, it is necessary so to do for the public convenience. Warrants so countersigned by such clerk shall be honored by the county treasurer with the same force and effect as if countersigned by the county controller, or his chief clerk, during the period designated in writing to such county treasurer by the said county controller.

(b) COUNTIES HAVING COUNTY AUDITORS

Section 361. Preparation of Annual Budget.--The commissioners of every county, where the office of controller has not been established, shall at their first meeting after the general election in every year, and at least thirty days prior to the adoption of the budget, prepare a proposed budget for all funds giving an estimate of the probable expense of the county for the ensuing year. Said budget shall be prepared as provided in section three hundred seventy of this act. When the returns of the assessors have been made and rectified, the commissioners shall fix the rate of taxation upon the adjusted valuation of the property taxable for county purposes as will be necessary to meet such expenses.

(361 amended May 23, 1949, P.L.1703, No.517)

Section 362. General Duties of Treasurer.--It shall be the duty of the treasurer of every county, where the office of controller has not been established, to receive all moneys due or accruing to the county, and to pay the same on warrants drawn by the commissioners. He shall keep a just and true account of all moneys received and disbursed, which account shall be at all times open to the inspection of the commissioners and of each of them. He shall, once in three months and oftener if required, furnish the commissioners with a statement of all moneys received and disbursed since the date of his last statement, exhibiting the balance remaining in his hands, together with the names of the collectors in whose hands any arrearages of taxes may remain, with the amount thereof. He shall, once in each year, state his accounts, and produce his vouchers, which after examination by the commissioners, shall be by them laid before the county auditors for settlement.

Section 363. Audit of Accounts.--The auditors shall audit, settle, and adjust the accounts of all county officers of the county, and make report thereof annually to the court of common pleas of such county in detail, showing distinctly and separately all receipts and expenditures of the several offices and all debts and accounts due, and amount raised from each source of revenue, and the expenditures in detail and classified by reference to the objects thereof, together with a full statement of the financial conditions of the county and a statement of the balance due from or to such county officers.

(363 amended July 28, 1941, P.L.541, No.222)

Section 364. Publication of Reports of Auditors.--The county auditors shall publish the reports required of them to be made and filed in the court of common pleas. Said auditors' reports shall be prepared and placed in the printer's hands for publication within ten days after being filed in the court of common pleas, and shall be published once a week for three successive weeks, in at least two newspapers of the respective county, one of which papers shall be politically of a minority party. The expense of the publication of said reports shall be paid by the county.

The county auditors shall also, annually, make a report of the financial condition of the county to the Department of Internal Affairs signed by all of the auditors and duly verified by the oath of one of the auditors. The report shall be presented on a form furnished, as provided in section three hundred seventy point one of this act, and shall be filed within sixty days after the close of the fiscal year. Any auditor refusing or wilfully neglecting to file such report shall, upon conviction thereof, in a summary proceeding brought at the instance of the Department of Internal Affairs, be sentenced to pay a fine of five dollars for each day's delay beyond said sixty days, and costs. All fines recovered shall be for the use of the Commonwealth.

(364 amended July 18, 1935, P.L.1184, No.386)

Section 365. Contracts.--The county commissioners may make contracts for lawful purposes and for the purposes of carrying into execution the provisions of this section and the laws of the Commonwealth.

(b) The acceptance of bids shall only be made by public announcement at the meeting at which bids are received or at a subsequent meeting, the time and place of which shall be publicly announced when bids are received. If for any reason one or both of the above meetings shall not be held, the same business may be transacted at any subsequent meeting if at least five (5) days notice thereof shall be published in the newspaper aforesaid.

(d) The contracts or purchases made by the commissioners involving an expenditure of over five hundred dollars ($500), which shall not require advertising or bidding, as hereinbefore provided, are as follows:

(1) Those for maintenance, repairs or replacements for water, electric light or other public works of the several class counties: Provided, That they do not constitute new additions, extensions or enlargements of existing facilities and equipment, but a bond may be required by the board of county commissioners as in other cases of work done.

(2) Those made for improvements, repairs and maintenance of any kind made or provided by any of the several class counties through its own employes: Provided, That this shall not apply to construction materials used in a street improvement.

(4) Those involving any policies of insurance or surety company bonds; those made for public utility service under tariffs on file with the Pennsylvania Public Utility Commission; those made with another political subdivision or a county, the Commonwealth of Pennsylvania, the Federal Government, any agency of the Commonwealth or the Federal Government, or any municipal authority, including the sale, leasing or loan of any supplies or materials by the Commonwealth or the Federal Government, or their agencies, but the price thereof shall not be in excess of that fixed by the Commonwealth, the Federal Government, or their agencies.

(5) Those involving personal or professional services.

(365 added May 11, 1949, P.L.1127, No.337)

Section 370. Annual Budget; Control of Expenditures.--The controller, or the county commissioners where there is no controller, shall, annually, prepare a proposed budget for all funds for the next fiscal year at least thirty days prior to the adoption of the budget. Said budget shall reflect as nearly as possible the estimated revenues and expenditures of the county for the year for which the budget is prepared. It shall be unlawful to prepare and advertise notice of a proposed budget when the same is knowingly inaccurate. Where, upon any revision of the budget, it appears that the estimated expenditures in the adopted budget will be increased more than ten percent in the aggregate, or more than twenty-five percent in any individual item, over the proposed budget, it shall be presumed that the tentative budget was inaccurate; and such budget may not be legally adopted with any such increases therein unless the same is again advertised once as in the case of the proposed budget and an opportunity afforded to taxpayers to examine the same and protest such increases. Said budget shall be prepared on forms furnished as provided in section three hundred seventy point one of this act. Final action shall not be taken on the proposed budget by the county commissioners until after at least ten days public notice. The proposed budget shall be published, or otherwise made available for public inspection by all persons who may interest themselves, at least twenty days prior to the date set for the adoption of the budget. The county commissioners shall, after making such revisions and changes therein as appear advisable, adopt the budget and necessary appropriation measures required to put it into effect.

Within fifteen days after the adoption of the budget, the county commissioners shall file a copy of the same in the office of the Department of Internal Affairs.

The county commissioners may at any time by resolution make supplemental appropriations for any lawful purpose from any funds on hand or estimated to be received within the fiscal year and not otherwise appropriated, including the proceeds of any borrowing now or hereafter authorized by law.

The county commissioners shall have power to authorize the transfer within the same fund of any unencumbered balance, or any portion thereof, from one spending agency to another, but such action shall be taken only during the last nine months of the fiscal year. During the last fifteen days of any fiscal year, the county commissioners shall have the power to authorize the transfer of any unencumbered balance, or any portion thereof, from any county fund to any fund of the institution district and to reappropriate such moneys to the institution district.

No work shall be hired to be done, no materials purchased, no contracts made, and no order issued for the payment of any moneys by the county commissioners which will cause the sums appropriated to be exceeded.

(370 amended May 23, 1949, P.L.1703, No.517)

Section 370.1. Committee to Prepare Uniform Forms.--The budget and report forms specified in foregoing sections of this act shall be prepared by a committee consisting of three representatives from the Pennsylvania State Association of County Commissioners, three representatives from the Pennsylvania State Association of County Controllers, and the Secretary of Internal Affairs, or his agent who shall be a person trained in the field of municipal finance.

Such representatives shall be appointed by the president of each said organization within sixty days after the effective date of this act. In the case of representatives of the county commissioners, one shall be appointed from a county of either the third or fourth class, one from a county of either the fifty or sixth class, and one from a county of either the seventh or eighth class. The president of each said organization shall supply to the Department of Internal Affairs the names and addresses of such representatives immediately upon their appointment. Said representatives shall serve without compensation, but they shall be reimbursed by the Commonwealth for all necessary expenses incurred in attending meetings of the committee. The committee shall meet at the call of the Secretary of Internal Affairs, or his agent, who shall serve as chairman of the committee.

In preparing the uniform forms for both budgets and annual reports, the committee shall give careful consideration to the differing legal requirements and needs of the counties of the several classes producing, if necessary, separate forms for certain classes of counties or groups of classes.

It shall be the duty of the Secretary of Internal Affairs, or his agent, to see to it that the forms required by this act are prepared in coÃ¶peration with said committee. Should said committee for any reason fail to furnish such coÃ¶peration, the Secretary of Internal Affairs, or his agent, shall complete the preparation of the forms. After their preparation, he shall issue said forms and distribute them annually, as needed, to the commissioners, controller, or auditors of each county.

(370.1 added July 18, 1935, P.L.1184, No.386)

Section 371. Tax Levies.--No tax shall be levied on personal property taxable for county purposes, where the rate of taxation thereon is fixed by law, other than at the rate so fixed. The county commissioners shall fix by resolution the rate of taxation for each year. No tax for general county purposes exclusive of the requirements for the payment of the interest and principal of the funded debt of any county shall, in any one year, exceed the rate of ten mills on every dollar of the adjusted valuation. In fixing the rate of taxation, the county commissioners, if the rate is fixed in mills, shall also include in the resolution a statement expressing the rate of taxation in dollars and cents on each one hundred dollars of assessed valuation of taxable property.

The rate for any office or post of profit, profession, trade or occupation, or on any single freeman who follows no occupation, shall be lowered in due proportion as the tax on property shall be lower than the rate herein authorized.

(371 amended May 28, 1937, P.L.942, No.258)

Section 371.1. Temporary Loans.--Whenever the funds of a county have been exhausted, the county commissioners may borrow, on the credit of the county, money in anticipation of taxes levied and to be collected for the current fiscal year, and issue a certificate of indebtedness payable on a certain date, not exceeding one year from the date of issue.

(371.1 added June 9, 1931, P.L.401, No.146)

Section 372. Audit of Accounts of Commonwealth Moneys.--It shall also be the duty of the controller or auditors to audit, settle, and adjust the accounts of the treasurer of the county with the State Treasury, and of each of such other officers in the county receiving money for the use of the Commonwealth as may be referred to them by the Auditor General, and make a separate report thereof to the court of common pleas for the county, together with a statement of the balances due from or to such treasurer or other officer. A certified copy of such report shall be transmitted to the Auditor General within ten days after the same is prepared.

Section 372.1. Audits of the Accounts of Parole and Probation Officers.--It shall be the duty of the controller or county auditors to audit, settle, and adjust the accounts of every parole and probation officer, appointed by the court under any law now in force or hereafter enacted, who shall receive from any person or persons moneys paid under any order, sentence, or judgment of any court, and to report the results of such audits to the court which shall have appointed such officer.

(372.1 added June 9, 1931, P.L.401, No.146)

Section 372.2. Accounts of Moneys Collected for Taxing Units Within the County; Audits of and Payments From.--All taxes, penalties, fines and costs collected by the county treasurer and belonging to any city, borough, township, school district, poor district, or institution district shall be entered and carried in the books of the county, in the same manner as county moneys, shall be audited in like manner, and, when paid to the taxing district entitled thereto, as provided by law, such payments shall be made on warrants drawn by the county commissioners in the same manner as payments are made of county moneys.

(372.2 added June 15, 1939, P.L.358, No.211)

Section 373. Power of Subpoena and Attachment.--The controller or auditors shall have power to issue subpoenas to obtain the attendance of the officers whose accounts they are required to adjust, their executors, and administrators, and of any person whom it may be necessary to examine as witnesses, and to compel their attendance by attachment, in like manner and to the same extent as any court of common pleas of this State may or can do in cases pending before them, and also to compel, in like manner, the production of all books, vouchers and papers relative to such accounts. Such subpoena and attachment shall be served and executed by the sheriff or coroner of the county as the case may require.

Section 374. Power to Administer Oaths.--The controller or auditors shall have power to administer oaths and affirmations to all persons brought or appearing before them, whether accountants, witnesses or otherwise, and all persons swearing or affirming falsely on such examination shall be guilty of perjury.

Section 375. Commitment to County Jail.--If any person appearing before the controller or auditors for examination shall refuse to take oath or affirmation, or, after having been sworn or affirmed, shall refuse to make answer to such questions as shall be put to him by the controller or auditors touching the public accounts, or the official conduct of any public officers, such persons so refusing may be committed by the controller or auditors to the county jail, by warrant under his or their hand and seal, directed to the sheriff, or any constable of the county, setting forth particularly the causes of such commitment, until he shall submit to be sworn or affirmed, or to make answers to such questions, or be otherwise legally discharged.

Section 376. Witness Fees.--Witnesses attending before the controller or auditors shall receive the same allowance as is received by witnesses attending before the courts of this Commonwealth. Such allowance shall be paid out of the county treasury, and, where final judgment is given against any officer whose accounts are settled by the controller or auditors, shall be included in the costs assessed against such officer.

Section 377. Settlement of Accounts on Extraneous Proof.--If any person in possession of books, vouchers or papers relative to public accounts before the controller or auditors shall refuse to produce the same, or if any officer whose accounts are to be settled and adjusted by the controller or auditors shall refuse to attend or submit to examination, the auditors or controllers shall proceed by the examination of witnesses, and other evidence, to ascertain and settle as near as may be the amount of public money received by such officer, and its application to public purposes, or otherwise.

Section 378. Filing Report.--The report of the controller or auditors shall be filed among the records of the court of common pleas of the county, and, from the time of such filing, shall have the effect of a judgment against the real estate of the officer who shall thereby appear to be indebted either to the Commonwealth or to the county.

Section 379. Appeals From Reports.--An appeal may be taken from such report to the court of common pleas, either by the Commonwealth, the county, or the officer. Such appeal may also be taken by ten or more taxpayers in behalf of the county, in the manner and subject to the restrictions provided by article twelve of this act.

Such appeal shall be entered, by the Commonwealth within four months, and by the county and the officer within sixty days, after the filing of the report. If the officer is the appellant, he shall enter into a recognizance, with two sufficient sureties, in double the sum found due by such report, with condition to prosecute the appeal with effect, and to pay the costs and such sum of money as shall appear on the final determination of the appeal to be due from him.

Section 380. Form of Issue on Appeals.--The courts of common pleas shall direct the form in which the issues shall be entered in all appeals now pending, or which may be hereafter taken, from the report of the county controller or auditors. Such issues shall be tried by a jury, or may be submitted to reference and arbitration in the manner and subject to the proceedings provided by existing law.

Section 380.1. Allowance of Counsel Fees.--When an appeal is taken from the county auditors' report and such appeal results favorably to the appellants in such a manner that money is recovered for any county, the court hearing such appeal shall make an order to pay a counsel fee, which it deems just and reasonable, to the counsel representing such appeal, out of the funds so recovered.

(380.1 added June 9, 1931, P.L.401, No.146)

Section 381. Payment of Costs on Appeal.--In case the appellant or appellants do not recover final judgment in court more favorable to him or them than the report of auditors, he or they shall pay all costs that may accrue on his or their appeal, but, if he or they should recover in court a final judgment more favorable than the report of the auditors, then the appellee or appellees shall pay the costs that may accrue on such appeal.

Section 382. Appeals to the Superior or Supreme Court.--In all appeals from settlements or reports made by the county controller or auditors, it shall be lawful for any party to except to any ruling or decision of the court, upon any question or point of law that may arise, and an appeal may be taken therefrom to the Superior or Supreme Court as in other cases.

In no case shall the controller or auditors, or any of them, be personally liable for the costs of any such appeal. If the final decision of the Superior or Supreme Court is adverse to the surcharged officer or officers, he or they shall each be individually liable for all the costs of such appeal. If such final decision shall be in favor of such surcharged officer or officers, the county shall pay the costs of such appeal.

Section 383. Execution.--If no appeal is entered, or if an appeal is entered and no security given as herein required, or if upon such appeal judgment is given in favor of the Commonwealth, or the county, execution shall issue against the property or person of the defaulting officer in like manner as upon judgment recovered in the usual course of law.

Section 384. Fines and Forfeited Recognizances.--All fines, forfeited recognizances, and other forfeitures, imposed, lost or forfeited in any court, except such as are directed to be paid into the State Treasury under the provisions of existing law, or such as are collected for the violation of any ordinance, shall, by the clerk of such court, be certified and estreated into the office of the commissioners of the county, within ten days after the expiration of the term at which such fines and forfeitures were imposed, together with the judgments and orders of the court on all forfeited recognizances sued upon in such court. Such estreats or returns of fines and forfeitures shall be under oath or affirmation of the clerk. All sums of money collected in pursuance thereof shall be paid to the county treasurer for the use of the county. It shall be the duty of the commissioners to superintend the collections of said sums of money. The accounts thereof shall be annually settled by the county controller or county auditors. Nothing herein contained shall impair the right of the respective courts to moderate or remit forfeited recognizances as heretofore.

Section 385. Repayment of Money Collected on Forfeited Recognizances.--In all cases where the county commissioners have collected any money upon any forfeited recognizance duly estreated to the county commissioners, and where the defendant in such case subsequently surrenders himself or herself to the jurisdiction of the court, the county commissioners may, with the consent of the district attorney, repay to the party from whom such money was collected, the amount so collected on such forfeited recognizance, exclusive of all costs paid or incurred by the county in such proceeding.

Section 386. Transfer of Certain Moneys into General Fund of County.--The commissioners may transfer and cover into the general fund of the county any money placed to the credit of any city, borough or township, where the same has been paid into the county treasury upon any duplicate for taxes, and has remained during a period of ten years uncalled for by the authorities of the city, borough or township to whose credit it may have been placed, and the right to said money is not at the time of such transfer a matter of litigation or dispute.

Section 387. Moneys Paid for the Redemption of Unseated Land Sold for Taxes.--The treasurer shall pay over to his successor in office all moneys paid to him for the redemption of unseated land sold for taxes, which have not been called for by the purchasers at treasurer's sale or their legal representatives during the continuance in office of such treasurer. The county controller or auditor shall charge the moneys so received to said treasurer, in the same manner that other money received by him is charged, and the same shall be paid to said purchasers, or their legal representatives, when called for, by orders drawn by the commissioners of the county upon the treasurer as in other cases.

(d) SINKING FUND COMMISSION

Section 395. Membership.--In each county there shall be a sinking fund commission, composed of the commissioners, the controller, or auditors in counties not having a controller, and treasurer.

Section 396. Use and Investment of Moneys of Sinking Funds.--(396 repealed June 25, 1941, P.L.159, No.87)

Section 397. Management of Sinking Funds.--The sinking fund commission shall annually apply all interest received on sinking fund deposits, and all interest received on bonds held in the sinking fund, and all other income, if any, from the sinking fund, for the purpose of reducing the amount of money required to be paid by the county to said commission for sinking fund purposes for the ensuing year, unless such income is necessary for the purpose of having adequate funds on hand to pay the bonds of such county as they mature and become payable. The income so applied, and the amount required to be paid by the county for sinking fund purposes, shall annually equal the full amount required to be paid for sinking fund purposes to the several sinking funds.

The commission shall have the power, whenever it deems it necessary and for the best interests of the several sinking funds, to sell any bonds held by it other than those of the county itself.

Section 398. Bonds of County Held by Commission.--All bonds of the county held by the sinking fund commission shall be stamped in a conspicuous manner to show that they have been purchased for this purpose. They shall never be reissued or sold. The sinking fund commission shall not require the county to pay interest on any of its bonds held by the commission, unless the commission deems the payment thereof necessary for the purpose of having adequate funds on hand to pay the bonds of said county as they mature and become payable. All bonds of the county held by the commission shall be cancelled immediately upon their maturity.

Section 399. Paying Off and Cancelling of County Bonds; Priority; Sale of County Bonds in Certain Cases.--In order to facilitate the extinguishment of the county debt, the county bonds purchased by the commission from time to time shall be paid off and cancelled according to the priority of their maturity: Provided, however, That if at any time the commission shall deem it best to withhold the purchase of such maturing county bonds, until after those purchased from a later issue of county bonds shall be paid off and cancelled, they shall have and are hereby given the authority to do so: Provided, further, That if in such an event it shall appear that there will not be sufficient funds in the hands of the commission to meet the payment of such earlier maturing bonds, the same shall then be sold by said commission at not less than par.

Section 400. Investment In New County Bonds.--Whenever any new bonds shall be issued by the county, the commission may invest the uninvested balances in its sinking fund therein, except so much as may be required for the payment of any bonds that may mature during the fiscal year in which such new bonds may be issued, and which the commission may desire to cancel and not to sell.

Section 401. Deposits of Moneys Received; Interest.--All moneys received by the commission at any time shall immediately be deposited in one or more banks or banking institutions which are now or hereafter shall be designated as county depositories. The rate of interest to be paid by depositories to the commission shall be the highest rate obtainable, calculated on daily balances. The commission may reinvest said interest with the other income from the bonds in their possession.

(401 amended July 1, 1937, P.L.2616, No.498)

(e) DEPOSITORIES IN SECOND- AND THIRD-CLASS COUNTIES

(Hdg. amended May 23, 1933, P.L.954, No.189)

Section 405. Board to Select Depositories.--The counties of the second class, the commissioners, controller and treasurer of the county shall be a board for the purpose of selecting depositories for the funds of the county. For the purpose of voting at their meetings, the county commissioners shall each have one vote, the controller one vote, and the treasurer one vote. The majority of said vote present at any meeting shall be sufficient to enable the board to transact its business.

Section 406. Meeting; Number of Depositories.--The board shall meet at the office of the county controller, not later than noon of the third Wednesday following the first Monday of January following the election of the county treasurer and thereafter as may be necessary, and shall there decide upon the number of banks or banking institutions, not less than three in number, as depositories of county funds for such period of time as the board may determine, but not to exceed the term for which the treasurer is elected.

(406 amended May 20, 1937, P.L.735, No.196)

Section 407. Designation and Qualification of Depositories.--At said meeting, or at any subsequent meeting agreed upon, said board shall designate the depositories and the rate of interest to be paid by them to the county.

Depositories so designated shall, upon receipt of notice of their selection as a depository of county funds, furnish collateral to secure payment of deposits and interest to the county by depositing in escrow securities to be approved by the board. Such securities shall be of the kind and in the amount to be fixed by the board.

The county treasurer shall, upon the designation of such depository or depositories, immediately transfer thereto all county funds, and shall thereafter keep such deposits solely in such depository or depositories in the name of the county.

(407 amended Apr. 13, 1947, P.L.291, No.76)

Section 407.1. Banks Authorized to Receive Taxes.--The board shall have authority to designate any bank, savings bank, bank and trust company, trust company, or national banking association, located within the county, as a deputy county tax collector for the sole purpose, however, of receiving and receipting for county taxes paid to it at its place of business. The county tax collector shall not be held responsible for losses occasioned by the failure of any such institution for moneys received by it as such deputy. Each such institution acting as a deputy county tax collector shall, within five days after the last day of each calendar month, transmit to the county tax collector all moneys received by it as such deputy during such preceding month. Each such payment shall be accompanied by an itemized statement showing what taxes have been paid, the dates when paid, and by whom they have been paid. Such an institution shall not be allowed any compensation or commission for acting as such deputy, other than expenses actually incurred in transmitting moneys and records of payments to the county tax collector.

Every such institution shall, before entering upon its duties of receiving the receipting for taxes, post such security in such amount, as shall be determined by the board, to insure the faithful performance of its duties, and the payment over of all tax moneys received by it.

(407.1 added July 1, 1937, P.L.2614, No.496)

(f) TRANSFER OF FUNDS IN SECOND CLASS COUNTIES

(Subdiv. added June 9, 1931, P.L.401, No.146)

Section 408. Transfer of Funds.--Whenever any county of the second class has available in any special or appropriation fund, other than a sinking fund, moneys for which there is no immediate use and another special or appropriation fund has immediate and advantageous use for moneys which such fund lacks, but the procedure for the securing of which has been consummated, the county commissioners shall have power, by resolution, with the approval of the controller of such county, to temporarily transfer moneys from one special or appropriation fund wherein such moneys are not at the time required to a fund where such moneys can be so advantageously used and expended: Provided, That moneys so transferred shall be returned to the fund from which borrowed as soon as sufficient moneys are accumulated in the borrowing fund from such authorized sources, except in the case of moneys raised by taxation which are transferred from one budget fund to a similar fund which derives its moneys from taxation, in which cases no such retransfer shall be required.

All such transfers heretofore made are hereby ratified, confirmed, and validated.

Section 408. Depositories in Third-Class Counties.--The county commissioners of all counties of the third class shall, from time to time, designate, by resolution, a depository or depositories for all county funds. Such depository or depositories shall be banks, banking institutions, or trust companies located in the Commonwealth.

Depositories so designated shall, upon receipt of notice of their selection as a depository of county funds, furnish a bond to secure payment of deposits and any interest to the county, secured by a surety company or individual sureties, or by the depositing in escrew of securities to be approved by the county commissioners. Such bonds shall be in a sum to be fixed by resolution of the county commissioners.

Neither county commissioners, nor treasurer, complying with the provisions of this section, nor their surety or sureties, shall be chargeable with losses of county funds caused by the failure or negligence of such depository or depositories.

Compiler's Note: The act of June 9, 1931 (P.L.401, No.146) added section 408 to the act. The act of May 23, 1933 (P.L.954, No.189) added section 408 to the act. The subject matter of these provisions is not the same but does not conflict in substance and both have been given effect.

ARTICLE V

SPECIAL POWERS AND DUTIES OF COUNTIES

(a) APPROPRIATIONS FOR MILITARY PURPOSES

Section 410. Ordinances and Resolutions.--The board of commissioners may adopt resolutions and ordinances prescribing the manner in which powers of the county shall be carried out and generally regulating the affairs of the county. All such ordinances, unless otherwise provided by law, shall be published at least once in one newspaper of general circulation in the county. Such ordinance shall not become effective until ten days after the publication aforesaid. In any case in which maps, plans or drawings of any kind are adopted as part of an ordinance, the commissioners may, instead of publishing the same as part of the ordinance, refer in publishing the ordinance to the place where such maps, plans or drawings are on file and may be examined.

The board of county commissioners may also prescribe fines and penalties, not exceeding three hundred dollars ($300.00) in any instance, for the violations of county ordinances, which fines and penalties may be collected by suit brought in the name of the county before any justice of the peace in like manner as debts of like amount may be sued for by existing laws.

(410 added June 25, 1937, P.L.2129, No.435)

Section 411. Appropriation of Money or Land to Assist Armory Board With National Guard Armories.--The board of commissioners may, either independently or in connection with any other county, or with any city, town, borough, or township, provide and appropriate moneys, or convey land to the Commonwealth of Pennsylvania, to assist the Armory Board of the State of Pennsylvania in the erection, wherever deemed most advantageous by the Armory Board, of armories for the use of the National Guard of Pennsylvania. The board of commissioners may acquire land for such purpose, either by purchase, gift, or by the right of eminent domain.

The board of commissioners may also furnish water, light, or fuel, either or all free of cost to the Commonwealth of Pennsylvania, for use in any armory of the National Guard and may do all things necessary to accomplish such purposes.

Section 412. Appropriation Toward Maintenance of Units of the National Guard.--The board of commissioners may appropriate from any moneys in the county treasury, not otherwise appropriated, annually, a sum not exceeding seven hundred and fifty dollars for the support and maintenance, discipline and training, of any dismounted company or similar unit of the National Guard, and a sum not to exceed fifteen hundred dollars for the support and maintenance, discipline and training, of any mounted or motorized troop or similar unit of the National Guard. Where such units are organized as a battalion, regiment or similar organization, the total amount due may be paid to the commanding officer of the battalion, regiment or similar organization.

Any moneys so appropriated shall be paid by warrant of the commissioners, drawn to the order of the commanding officer of such company, battalion, regiment or similar organization, only when it shall be certified to the commissioners by the Adjutant General of the State that such unit or units have satisfactorily passed the annual inspection provided by law. The moneys so appropriated shall be used and expended solely and exclusively for the support and maintenance, discipline and training, of the said company, battalion, regiment or similar organization, and the commanding officer shall account, by the proper vouchers to the said county each year, for the expenditure of the money so appropriated, and no appropriation shall be made for any subsequent year, until the expenditure of the previous year is duly and satisfactorily accounted for.

The accounts of such expenditures shall be subject to the inspection of the Department of Military Affairs, and shall be audited by the controller or auditors of the county.

(412 amended May 10, 1951, P.L.262, No.42)

Section 413. Appropriation to Rifle Clubs in Time of War.--At any time a state of war exists, the board of commissioners may appropriate money to civilian rifle clubs, duly chartered by the National Rifle Association of the United States of America, for the maintenance and rental of rifle-ranges, the employment of competent instructors and necessary employes, and for the equipment and uniforms for such of the members of such clubs as volunteer for special military duty in their respective counties, or answer any call of the Governor of the Commonwealth.

No moneys shall be appropriated to any such club, unless practice on such rifle-range by the members of the club shall be with the United States military rifle or revolver.

(b) BURIAL OF DECEASED SERVICE MEN AND THEIR WIDOWS

Section 421. Definitions.--The term "deceased service persons," as used in this act, shall be defined and construed to mean and include:

(1) Any deceased person who, at the time of his or her death, was serving (whether or not in a combat zone) in the Army, Navy, Marine Corps, Coast Guard, or any women's organization officially connected therewith, during any war or armed conflict in which the United States has been, is now or shall hereafter be engaged, or who, at the time of his or her death, was serving in a zone where a campaign or state or condition of war or armed conflict then existed, in which the United States was, is or shall be a participant. The existence of a campaign or state or condition of war or armed conflict, and the participation of the United States therein, as well as the fact that the deceased person served in a zone where such campaign or state or condition of war or armed conflict existed, shall, in each case, be established by the records of the War or Naval Departments of the Federal Government; or

(2) Any deceased person, who had so served at any time during his or her life, and whose separation from such service was honorable, whether by discharge or otherwise; or who at the time of his or her death was continuing in such service after the cessation of the war, armed conflict, campaign or state or condition of war during or in which he or she served; or

(3) Any deceased person who was in active service in the militia of the State of Pennsylvania under and in pursuance of any proclamation issued by the Governor during the Civil War, and not duly mustered into the service of the United States, and has been honorably discharged or relieved from such service.

The term "legal residence" as used in this act, shall be construed as synonymous with "domicile" and is hereby defined as actual residence, coupled with intention that it shall be permanent, or at a residence presently fixed with no definite intention of changing it, or of returning to a former residence at some future period. Legal residence is to be determined by abode of person and his or her intention to abandon his or her former domicile and establish a new one. The legal residence of a deceased service person shall be prima facie in the county where he or she made his or her abode at the time of his or her death.

(421 amended Sept. 27, 1955, P.L.595, No.160)

Section 422. Sum to Be Spent.--The county commissioners of each county are hereby authorized and directed to contribute the sum of seventy-five dollars ($75) towards the funeral expenses of each deceased service person in the cases enumerated below, where in each case application therefor is made within one year after the date of his or her death, and where the total expenses of the funeral does not exceed six hundred dollars ($600): Provided, That in the case of any deceased service person who died while in the service, application need not be made within one year after the date of his or her death, but may be made at any time thereafter. Payments shall be made under the following circumstances:

(1) Where the deceased service person at the time of his or her death had his or her legal residence in the county, whether or not he or she died in the county, and whether or not he or she was buried in the county. It is hereby declared to be the intent of the General Assembly that every deceased service person having a legal residence in this Commonwealth at the time of his or her death shall be entitled to the benefits of this section, regardless of where he or she may have died or where he or she may be buried, and that the liability therefor shall be on the county, where such deceased service person shall have had his or her legal residence at the time of his or her death.

(2) Where the deceased service person died and was buried in the county, but at the time of his or her death did not have a legal residence within this Commonwealth, if the county commissioners of the county where he or she died shall be notified in writing by any organization of veterans that the body is unclaimed by relatives or friends, and upon investigation shall find such condition to exist.

(3) When a deceased service person has died while a member of the Pennsylvania Soldiers' and Sailors' Home at Erie, Pennsylvania, and such home incurs all funeral expenses and buries the soldier in a cemetery in the city of Erie, Pennsylvania, or the home furnishes clothing, casket and shipping case, and ships the body to the county from which he was admitted to the home, the county from which he was admitted shall reimburse and pay to the Pennsylvania Soldiers' and Sailors' Home the amount of seventy-five dollars ($75.00) or so much thereof as was actually expended by such home.

(422 amended May 9, 1949, P.L.912, No.253)

Section 423. Burial of Widows of Deceased Service Persons.--Upon due application and proof, the county commissioners of each county are hereby authorized and directed to contribute the sum of seventy-five dollars ($75.00) from the county funds towards the funeral expenses of any widow of any male deceased service person, who at the time of her death had a legal residence in the county, whether or not she died in the county and whether or not she was buried in the county: Provided, however, That the county commissioners shall not contribute any moneys toward the funeral expenses of any such widow of a deceased service person who had remarried after the death of such deceased service person, nor where the total expense of any such funeral shall exceed six hundred dollars ($600), nor unless application for the payment of such moneys shall be made within one year after the date of the death of such widow of a deceased service person.

(423 amended May 9, 1949, P.L.912, No.253)

Section 424. Payments.--It shall be the duty of the county commissioners of each county in this State to draw a warrant upon the treasurer of their county in the sum of seventy-five dollars ($75.00) for each body buried in accordance with the provisions of this act, to be paid out of the funds of the county, and such warrants shall be made payable to the applicant or applicants if the application shows that the funeral expenses have been paid, otherwise to the undertaker performing the services with notice to the applicant.

Application for such contribution shall be made by the personal representative of such deceased service man or deceased service man's widow, if there be such personal representative, if no such personal representative has qualified then by any next of kin, individual, or veterans' organization, who or which assumes responsibility for the cost of burial of the body and shall be sustained by affidavit as to the facts.

Such application shall be on forms prescribed by the Department of Military Affairs and shall set forth whether or not the funeral expenses have been paid. The application shall have attached thereto a certified copy of the death certificate and an affidavit by the undertaker, who had charge of the burial of the body, to the effect that the undertaker did render such service and that the cost of burial did not exceed the sum of six hundred dollars ($600).

(424 amended May 9, 1949, P.L.912, No.253)

Section 425. Notification to County Commissioners.--All public officers, agents, and servants, and all officers, agents, and servants of any county, city, township, borough, district, or other municipality, or of any almshouse, prison, morgue, hospital, home or other public institution, having the control or custody of the body of such deceased service man whose body is entitled to be buried under the provisions of this act, shall, immediately upon the death or arrival of the body of such deceased service man, notify the county commissioners of said county wherein such death may have occurred, or wherein such deceased service man shall have had his legal residence.

Section 426. Markers For Graves; Headstones.--The county commissioners of the several counties of this Commonwealth shall, from time to time as is considered expedient by the commissioners, procure appropriate markers for the graves of deceased service persons. Such markers shall be of cast bronze: Provided, however, That no board of commissioners shall be required to discard any markers of other materials already purchased by such commissioners, whether or not already installed, but no new markers shall in the future be purchased of metal other than cast bronze, except that during periods of national emergency, so proclaimed by the President of the United States, when all available metals are required for war materials, suitable nonmetal substitutes for cast bronze may be used. The county commissioners shall procure bronze markers from some manufacturer or manufacturers engaged in the manufacturing of the same, and, in the contract for the furnishing thereof, the manufacturer or manufacturers so furnishing such bronze markers shall warrant that the same are made of the following metals, and in the following proportions: Copper, eighty-five per centum; tin, five per centum; zinc, five per centum; and lead, five per centum; and such manufacturer or manufacturers shall be liable to the county to which they furnish such markers to an amount equal to the amount paid to them by the county for the same in the event that it shall be proved that such were not the proportions of the metals in such bronze markers; but nothing except actual fraud on the part of the county commissioners shall render them liable in any sense, or for any amount, if it should be established that said markers are not composed of the metals above recited, and in the proportions above recited; and no officer, trustee, association, corporation, or person in control of any cemetery or a public burying ground in this Commonwealth shall have the right to question the composition of such bronze markers, or to require that they or any of them be chemically analyzed before being placed in the cemetery over which such officer, trustee, association, corporation, or person in control of any cemetery or a public burying ground has control or charge, or under any circumstances to refuse to permit the erection thereof, in such cemetery or public burying ground, or to charge for making the foundations for the same more than is charged in such cemetery for making similar foundations of the same proportions as those required for such markers under the penalties prescribed by the act, approved the thirtieth day of April, one thousand nine hundred twenty-nine (Pamphlet Laws 865), namely upon conviction thereof, in a summary proceeding before a magistrate, alderman or justice of the peace be sentenced to pay a fine of not less than ten dollars ($10) nor more than one hundred dollars ($100) for each offense.

(Par. amended June 21, 1947, P.L.879, No.369)

The county commissioners of each county are hereby authorized and directed to place a marker upon the grave of each deceased service person, who at the time of his or her death had his or her legal residence in the county, whether or not he or she died in the county, and whether or not he or she was buried in the county, and upon the grave of each deceased service person buried in the county, who at the time of his or her death did not have a legal residence within this Commonwealth. When such deceased service person shall have been a veteran of any war or campaign for which the Government of the United States issued discharge buttons, the markers designated for their graves shall include a facsimile of said discharge button.

It shall also be the duty of the county commissioners of each county in this State, upon or at any time subsequent to the death of any deceased service person, who at the time or his or her death had his or her legal residence in the county, on application as hereinafter provided, to cause a headstone or bronze memorial tablet to be placed at the head of or on the grave of each such deceased service person. Such headstone shall contain his or her name and the rank and organization to which he or she belonged or in which he or she served, in letters raised or cut in at least three-sixteenths of an inch deep. Such headstone shall be of either marble or granite, and to be placed or set in a concrete base at least three feet deep; or if a headstone has been provided for such grave by the United States Government, the county commissioners shall provide such concrete base therefor, or if lettering only on an existing memorial is desired by the family, the county commissioners shall provide such lettering. In the event the body of any deceased service person, either cannot be or will not be returned to the United States of America, it shall be the duty of the county commissioners to cause a headstone to be placed in the family plot of such deceased service person. Said headstone shall have inscribed thereon, (a) the name, rank and organization of such deceased service person, (b) the name of the country, location or manner in which such person lost his or her life, and (c) the cemetery or location in which the body, if buried, was finally laid to rest. Application therefor shall in each case be made on forms prescribed by the Department of Military Affairs, and may be made by any relative of the deceased service person or by a friend, provided in the latter case there is no objection by the nearest relative, and the application is approved by an organization of veterans of any war in which the United States has been, is now or shall hereafter be engaged. The expense in each case shall be borne by the county in which the deceased service person had his or her legal residence at the time of his or her death, whether or not he or she died in the county, and whether or not he or she was buried in the county: Provided, however, That the expense shall not exceed the sum of seventy-five dollars ($75.00) for each headstone or concrete base or lettering or bronze memorial tablet and the county commissioners of each county, acting under this section, shall draw a warrant on the treasurer of their county for the payment of said expense in favor of the party or parties furnishing such headstone or concrete base or lettering or bronze memorial tablet: Provided, however, That in cases of dispute concerning the legal residence of a deceased service person the county in which a deceased service person is buried shall perform the duties hereinbefore set forth. No such payment or payments shall be made, unless the application therefor shall be approved before the commencement of the project by the county commissioners.

(Par. amended Apr. 24, 1947, P.L.66, No.32)

Any person who shall wilfully, maliciously, carelessly, or indifferently destroy, mutilate, remove, or deface any grave marker or headstone, placed or erected under the provisions of this act, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00), or suffer imprisonment for not more than two years, or both, in the discretion of the court.

(426 amended May 21, 1943, P.L.286, No.137)

Section 427. Burial Plots.--The county commissioners of the several counties of this State are hereby authorized to purchase plots of ground, in any cemetery or burial ground in their respective counties, for the interment of such deceased service men whose bodies are entitled to be buried under the provisions of this act, and to draw their warrant on their county treasurer for the payment of the same: Provided, however, That the purchase price of said plots of ground shall not be charged against or allotted as part of the cost of burial of such deceased service men who may be buried in any of said plots under the provisions of this act.

Section 428. Care of Graves and Markers.--The county commissioners of each county in this State shall, at all times, see that the graves and tombstones of all deceased service men who are buried in such county, receive proper and fitting care, and may employ all necessary assistance to carry out the provisions of this section. The expense of the care of such graves and tombstones shall be borne by the respective counties where said graves are located, except where suitable care is otherwise provided. Money so appropriated may be expended directly by the county commissioners, or paid over to the person, firm, association or corporation owning or controlling any cemetery or burial place in the county where any such grave is situated, but the sum so paid over in any year shall not exceed for each grave the charge for the annual care and maintenance of like graves in the same cemetery, or, if no such fixed charge is established in that cemetery, it shall not exceed the sum charged in other cemeteries in the same county for like service.

(428 amended July 12, 1935, P.L.683, No.261)

Section 429. Proof of Service, Et Cetera.--In each case, where application is made for a contribution towards the funeral expenses of a deceased service person, or the widow of a deceased service person, or for a headstone or concrete base or lettering, or bronze memorial tablet, the county commissioners shall before expending any money therefor require proof of the following facts:

(1) The service of the deceased service person, which entitles him or his widow to the benefits of this act, which proof shall be by the production of an honorable discharge or other official record showing service during any war in which the United States is or was engaged, or by the records of the War or Naval Departments of the Federal Government, or by copies thereof filed in the Department of Military Affairs showing the existence of a campaign or state or condition of war, the participation of the United States therein, and the service of the deceased service person in a zone where such campaign or state or condition of war existed.

(2) The death of the deceased service person.

(3) In the case of the burial of the widow of a deceased service person, the death of such widow, and the fact that she was married to the deceased service person at the time of his death, and that she has not since remarried. The proofs required by clauses one and two of this section shall also be required in such cases.

(4) Except in cases where persons not having a legal residence within this Commonwealth are entitled to any of the benefits of this act, the legal residence within the county of the deceased service person, or of the widow of a deceased service person, as the case may be.

Death shall in all cases be proved by death certificate where the same is procurable, otherwise by affidavit of one or more persons personally acquainted with the deceased, and the fact of his or her death, or by proof of the record of death kept by the attending physician, or the record of burial kept by the undertaker by whom he or she was buried, or by the church burial association or cemetery company maintaining the graveyard, burial ground or cemetery in which he or she was buried.

Where any proof required by this section has been furnished to the county commissioners, no further proof of the same facts shall be required in order to obtain any other benefit under the provisions of this act.

(429 added May 21, 1943, P.L.286, No.137)

Section 430. Appropriations for Memorial Day.--The board of commissioners shall appropriate annually to each post of the Grand Army of the Republic in the county, except such posts as are situate in cities of the first, second, or third class, or to a regular organized Memorial Day, or similar organization, where there was heretofore an established post, in which latter case a certified list of expenditures shall be furnished the said commissioners, a sum not to exceed fifty dollars, to aid in defraying expenses of Memorial Day: Provided, That if upon the certificate of such organization, it appears to the county commissioners that the said organization decorated or will decorate over five hundred (500) graves, the county commissioners may pay to the said organization the sum of one hundred ($100) dollars.

Section 431. Appropriations to Veterans' Organizations for Expenses of Memorial Day.--The board of commissioners may appropriate annually to each camp of the United Spanish War Veterans, and to each post of the American Legion, and to each post of the Veterans of Foreign Wars, and to each post of the American War Veterans of World War II (AMVETS), and to each detachment of the Marine Corps League, and to each Naval Association, and to each post of the Grand Army of the Republic, and to each post of the Disabled American Veterans of the World War, and to each organization of ex-service men incorporated under the act of April twenty-ninth, one thousand eight hundred and seventy-four, and the supplements thereto, in the county, a sum not to exceed three hundred dollars to aid in defraying the expenses of Memorial Day and Armistice Day. Where the Grand Army of the Republic has ceased to exist, or to function, such appropriation may be made to the Sons of Union Veterans of the Civil War, or, in the absence of such order, to a duly constituted organization which conducts the decorating of graves of Union veterans of the Civil War. Such payments shall be made to defray actual expenses only. Before any payment is made, the organization receiving the same shall submit verified accounts of their expenditures.

(431 amended May 11, 1949, P.L.1189, No.357)

Section 432. Flags to Decorate Graves.--It shall be the duty of the county commissioners to provide flags, on each Memorial Day, with which to decorate the graves of all deceased service men buried within the county. The flags to be used for said purposes shall be of one standard size, and shall be purchased at the expense of the county from moneys in the county treasury.

Such flags shall be furnished to the various veterans' organizations in such numbers as they shall require £or their respective communities.

The moneys expended by any county under the provisions of this section shall be in addition to moneys appropriated by counties for Memorial Day purposes.

The authorities in charge of any cemetery are authorized to remove such flags, when the same become unsightly or weather-worn, at any time not less than ninety days after the flags have been placed on graves.

(432 amended July 12, 1935, P.L.683, No.261)

(d) HISTORY

Section 436. County History.--The county commissioners of any county may, either independently or in connection with any other municipality or municipalities within their respective county, or any society or organization, appropriate money for the compilation and publication of a county war history, or any general history, or historical account related to the history records and government of the county, and to provide for the publication and distribution of the same.

(436 amended Mar. 28, 1945, P.L.85, No.41)

Section 437. Payment to Historical Societies.--The board of commissioners may pay, out of the county funds not otherwise appropriated, and upon proper vouchers being given, a sum of money not exceeding two thousand dollars annually to the county historical society to assist in paying the running expenses thereof. If there are any more than one such societies in the county such payment may be made only to the oldest society. Where any such society is comprised of residents of more than one county, the commissioners of said respective counties may jointly pay said sum, in such proportion as they shall agree.

No such appropriation shall be renewed, until vouchers have been filed with the commissioners showing that the appropriation for any prior year has been expended for the purpose herein designated.

(437 amended May 21, 1943, P.L.564, No.250)

Section 438. Qualification of Society.--In order to entitle any historical society to the said appropriation, the following conditions shall have been first complied with: it shall have been organized at least two years, incorporated by the proper authority, and have an active membership of one hundred or more persons, each of whom shall have paid into the treasury of said society a membership fee of at least two dollars for the support of the same; it shall hold at least two public meetings yearly, whereat papers shall be read or discussions held on historic subjects; it shall have established a museum wherein shall be deposited curios and other objects of interest and books, documents and papers relating to the history of the county or State; and it shall have adopted a constitution and code of by-laws and elected proper officers to conduct its business.

(438 amended May 21, 1943, P.L.564, No.250)

Section 439. Compilation of War Records.--(a) The county commissioners of each county in the State are hereby authorized and directed, at the expense of the county, to compile a record of the burial places within such county of deceased service men. Such record, so far as practicable, shall indicate the name of each such person, the service in which he or she was engaged, the number of the regiment or company or command, the rank and period of service, the name and location of the cemetery or other place in which his or her body is interred, the location of the grave in such cemetery or other place, and the character of headstone or other marker, if any, at such grave. Such records shall be known as the Veterans' Grave Registration Record of ................. County, and shall be a public record, open to inspection during business hours.

(b) The county commissioners of each county in this State shall cause record blanks to be prepared, according to forms prescribed by the Department of Military Affairs, whereby the information required for such record may be transmitted to them. Every person, firm, association, or corporation, including a municipal corporation, owning or controlling any cemetery or burial place within the State, in which are interred the bodies of deceased service men, shall file with the county commissioners of the county in which such cemetery is located a certificate, on the record blanks provided by said county commissioners, of the facts required for such record, as far as the same are within the knowledge of such person, firm, association, corporation, or the agents thereof. The county commissioners shall cause record blanks to the distributed to such persons, firms, associations, and corporations as they deem advisable, with the request that such information be transmitted to them. Any such person, firm, association, or corporation, except municipal corporations, upon receipt of such blanks or forms, who shall refuse or neglect to fill out and transmit to the county commissioners such blanks or forms within six months after receipt of same, shall be subject to a fine, upon conviction in summary proceedings, of one hundred dollars.

(c) For the purpose of locating the burial places of persons who have served in the military or naval service, or other branches of the combative forces of the United States, during any war in which the United States was engaged, the Grand Army of the Republic, the United Spanish War Veterans, the Veterans of Foreign Wars of the United States, the American Legion, the Disabled American Veterans, the American Veterans of World War II (AMVETS) and the Marine Corps League, through their local camps, posts and branches in this State, are authorized, without expense to the county, to collect the required data, and prepare and file with the county commissioners certificates embodying the information provided for in this section. For the purpose of carrying into effect the provisions of this section, the county commissioners shall appoint a director of veterans affairs, who shall receive such compensation as the salary board may fix in counties where such boards exist, otherwise by the county commissioners.

(d) It shall also be the duty of the director of veterans affairs to

(1) Assist the county commissioners in administering the provisions of this act relating to the burial of deceased service persons and their widows and to furnishing markers and placing headstones on their graves.

(2) Assist war veterans and their families in securing their rights as such in matters relating to their person, property and care of family under any of the laws of this Commonwealth and of the United States, and for such services the director of veterans affairs shall be entitled to his expenses incurred therein and additional compensation, and both expenses and compensation shall be subject to the approval of the salary board or county commissioners, as the case may be.

(439 amended Apr. 14, 1949, P.L.466, No.89)

(e) MISCELLANEOUS APPROPRIATIONS

Section 441. Appropriations to Hospitals, Tuberculosis Sanitaria and Homes.--The board of commissioners may appropriate moneys for the support of any hospital, located within or without the limits of such county, which is engaged in charitable work and extends treatment and medical attention to residents of such county; and may also appropriate moneys for the support of any home or place of detention for dependent, delinquent and neglected children, located within the county, and may also appropriate moneys for the support of any sanitarium for the treatment of persons afflicted with tuberculosis, located within the Commonwealth of Pennsylvania, which sanitarium is engaged in charitable work, and extends treatment and medical attention to residents of such county.

(441 amended June 25, 1947, P.L.950, No.400)

Section 442. Appropriation to Society Maintaining Tuberculosis Sanatorium for Maintenance of Indigent Residents of the County.--The board of commissioners may appropriate to any duly incorporated society, chartered to maintain a sanatorium for the treatment therein of persons suffering from tuberculosis, so much money as may be necessary for the maintenance of indigent persons, residents of the county, who may be inmates of such sanatorium and under treatment for tuberculosis. The board of commissioners shall, at all times, have free access to such sanatorium for inspection of its management, and for the ascertainment of the number of indigent persons receiving treatment therein.

(442 amended June 20, 1947, P.L.696, No.301)

Section 443. Appropriations to Societies for Prevention of Cruelty to Animals.--The board of commissioners may appropriate moneys toward the maintenance of any organization or society incorporated under the laws of this Commonwealth for the prevention of cruelty to animals, and which, for a period of at least two years prior to the making of such appropriation, shall have been engaged in carrying out the purposes of its incorporation in whole or in part within said county.

Section 444. Agricultural Extension Work.--The board of commissioners may appropriate a sum, not to exceed twelve thousand dollars ($12,000), annually, for agricultural extension work, in cooperation with the Pennsylvania State College, in encouraging improved methods of farm management and home economics, and giving practical instruction and demonstrations in agriculture, for the purpose of improving and developing the agricultural resources of the county. The money so appropriated shall be expended according to rules and regulations prescribed or approved by the board of commissioners. The board of commissioners may also, where practicable and desirable, provide offices in the county court house for headquarters for such cooperative work.

(444 amended Jan. 14, 1952 (1951), P.L.2034, No.572

Section 445. Agricultural or Horticultural Societies.--The county commissioners are hereby authorized to appropriate annually, out of the current revenues of the county moneys, to any incorporated agricultural or horticultural society or association located within the county. The total amount of any such appropriation in any one county shall not exceed fifteen hundred dollars in any one year, and where more than one such society or association is located in the county, the amount appropriated may be distributed and divided among said societies and associations in such proportions and such amount as the board of county commissioners in its discretion may determine.

Section 445.1. County Fair Associations.--The county commissioners may appropriate annually, out of current revenues, to any incorporated nonprofit agricultural association or any nonprofit county fair association located within the county, for the repair and maintenance of the real estate buildings and structures within the county, used annually by the association for county agricultural fairs and exhibitions, whether or not the real estate is owned by the county and leased to the association. The total amount of any such appropriation shall not exceed five thousand dollars ($5000) in any one year, and where more than one such association is located in the county, the amount appropriated may be divided among them in such proportions and amounts as the county commissioners may determine.

(445.1 added May 11, 1955, P.L.54, No.25)

Section 446. Suppression of Animal and Plant Diseases.--The board of county commissioners is hereby authorized to appropriate money from county funds for the purpose of controlling and suppressing dangerous infectious disease of livestock and poultry, and dangerous plant diseases and insect pests, and diseases to honeybees, in cooperation with the Department of Agriculture of Pennsylvania.

For the purpose of carrying out the provisions of this section, the board of county commissioners may enter into agreements with the Pennsylvania Department of Agriculture concerning terms, rules, regulations, and practices for conducting the work.

(446 amended May 22, 1935, P.L.226, No.95)

Section 447. Health Work.--The board of county commissioners may provide and appropriate, from any moneys in the county treasury not otherwise appropriated, annually, such sum or sums as they deem necessary for the protection of the health, cleanliness, convenience, comfort and safety of the people of the county.

(447 amended Aug. 24, 1951, P.L.1337, No.319)

Section 448. Aid to Boroughs and Townships for Sewage Purposes.--The board of county commissioners may appropriate moneys from the county treasury to aid cities of the third class, boroughs, incorporated towns, or townships in the construction or maintenance of sewers or sewage treatment works, where such sewers and treatment works have been first approved by the Sanitary Water Board of the State Department of Health in the manner provided by law.

(448 added June 9, 1931, P.L.401, No.146)

Section 449. Appropriation by Counties of the Third Class to Poor District for Hospital Purposes.--(449 repealed April 11, 1949, P.L.428, No.62)

Section 450. Appropriations; Counties for Radio Broadcasting Station.--The board of county commissioners of any county may appropriate annually a sum, not in excess of five hundred dollars, for the purpose of assisting any naval reserve unit or amateur radio league in maintaining, equipping, and operating a short wave radio broadcasting station, which shall be available at all times for public use in the event of emergency or disaster.

(450 added June 21, 1937, P.L.1968, No.388)

Section 451. Aid to Townships for Water Systems.--The board of county commissioners of counties of the second class may appropriate moneys from the county treasury to aid townships to construct or complete water systems where such water systems have been first approved by the State Department of Health.

(451 added June 10, 1947, P.L.498, No.226)

Section 452. Appropriations to Borough Fire Departments and Volunteer Fire Companies.--The board of county commissioners of any county of the seventh or eighth class may appropriate annually, except as hereinafter provided, a sum not in excess of six hundred dollars ($600), to the fire department of any borough in the county or to any volunteer fire company located within a borough in said county which actually gives fire protection to approximately all parts of the county, or may appropriate up to one-half of such amount to each of two such departments or two such companies or one such department and one such company when each gives fire protection to approximately one-half of the entire county. All moneys appropriated to any such fire department or fire company shall be used for the purchase, maintenance and repair of fire fighting equipment. This section shall not authorize the appropriation of any money to any fire department or fire company which receives contributions or appropriations from any township in the county.

(452 added July 19, 1951, P.L.1025, No.215)

(f) FLOODS

Section 461. Prevention and Control of Floods.--The board of commissioners may borrow, appropriate, and expend money for the purpose of cleansing, regulating, improving, and controlling rivers and streams lying within their respective boundaries, either in whole or in part, for the prevention and control of floods. They may make contracts and expenditures for the cleansing, regulation, improvement, and control of such rivers and streams, and for the prevention and control of floods, by storage or retaining reservoirs, or otherwise, in parts of the same, beyond the limits of the county or of the State, when in their judgment the same may be necessary and for the benefit of the county. They may also make appropriations and expenditures for the purpose of investigating and examining, or for assisting in the investigation and examination of, the condition of such streams, within or without the bounds of the county or of the State, for the purpose of facilitating the ends aforesaid. The board of commissioners may enter into such arrangements and agreements with the Secretary of War, or other public authority empowered to act in the premises, under any law of the United States, or of this or any other State, as may be necessary and proper for such purposes, with a view to harmonious and efficient action and proportionate contribution as nearly as may be arrived at or be practicable. In exercising the powers herein conferred, the county commissioners may, in their discretion, subject to the limitation of the Constitution, issue interest bearing bonds of the county.

Section 462. Appropriation by Second Class Counties for Purpose of Controlling Floods.--The board of commissioners of counties of the second class may appropriate and expend out of the moneys of the county annually a sum not exceeding ten thousand dollars, or so much thereof as may be necessary, for the purpose of investigating and examining, or assisting in the investigation and examination of, the condition of such streams and rivers as may be wholly or partially within the boundaries of the county, for the purpose of controlling floods.

(g) GAS WELLS AND RAILROADS

Section 466. Drilling Gas Wells and Laying Gas Lines.--The board of commissioners of counties situated in regions wherein natural gas is known to be obtainable, may contract for the drilling of gas wells, upon any lands owned by the county, for the purpose of furnishing gas for light and fuel to the county buildings, and for other purposes. For that purpose, they may also contract for the laying of gas lines, equipped with such modern appliances and machinery as may be necessary. All such contracts, including contracts for the building of rigs or derricks, and the purchase of machinery, shall be made by the board of commissioners only after the specifications therefor have been published, in at least two newspapers of general circulation published in the county seat representing the two dominant political parties in the county, of the time and place of letting said contract or contracts. At such time and place the bids shall be publicly opened and the contract or contracts awarded to the lowest and best bidder.

Section 467. Contracts for Relocation, Change or Elevation of Railroads.--The board of commissioners may enter into contracts with any railroad companies, whereby the said railroad companies may re-locate, change or elevate their railroads within the county in such manner as in the judgment of the board may be best adapted to secure the safety of lives and property and promote the interest of the county. For such purpose, the board shall have power to do all acts that may be necessary and proper to effectually carry out such contracts.

(h) CANALS AND WATERWAYS

Section 471. Bond Issue to Aid in Construction of Certain Canals or Waterways.--The board of commissioners may increase the indebtedness of the county, and issue bonds thereof, to aid in the construction of any canal or waterway and its appurtenances, whenever the State of Pennsylvania, or a commission, board or other agency thereof, incorporated or otherwise, shall be authorized, by any present or future law or laws of this State, to construct, maintain and operate a canal or navigable waterway to connect the Great Lakes, or the Atlantic Ocean, with any navigable waters of this State, by a route situate within, or partly within and partly without, this State, and with termini as in said law or laws generally indicated, and such law or laws provide for such construction by such voluntary contributions or appropriations in money, or bonds at their par value, as heretofore shall have been made, or as hereafter may be made, pursuant to the authority of any present or future laws of the United States, any of the several States of the United States, and the various counties, cities, towns, municipal corporations, or other political subdivisions of such States, or by some or all of the United States, and other public authorities, for the collection of tolls and charges for the use of such canal or waterway and appurtenances, but only to such extent as may be necessary to provide for the cost of the maintenance, operation, and improvement thereof, and to repay contributions made in money or in bonds at their par value, and the interest on such bonds, and for the distribution of any surplus revenues of such canal or waterway and appurtenances among such contributors, to the cost of construction substantially pro rata, according to the amount of their several contributions to such extent as may be necessary to repay said contributors the amount of their several contributions.

Section 472. Petition to Court; Notice of Hearing.--At any time after the Legislature of this State shall have enacted a law or laws as contemplated by the preceding section of this act, a petition may be presented to the court of quarter sessions of any county, signed by a number of qualified electors of the county equal to at least five per centum of the largest vote cast in the county for any candidate at the last preceding municipal election at which county officers were elected, and verified by the affidavits of at least five of such petitioners, stating that, in the judgment of such petitioners, such county, by reason of its location or commercial or industrial interests will be benefited by the construction of a canal or waterway authorized by such law or laws, and that it is desirable that bonds of the county should be issued in aid thereof, and praying said court to order an election to be held, at a date stated in said petition, upon the question of increasing the indebtedness of the county, to be represented by its bonds to be issued in aid of such canal or waterway in such aggregate principal amount as may be stated in said petition.

If said petition shall appear to said court of quarter sessions to be in proper form, it shall file the same, fix a date for a hearing thereon, not more than thirty days thereafter, and direct such notice of the hearing to be given to the county commissioners of said county and to the public generally, by advertisement in a newspaper circulating in the county, or by posting, as to said court may seem proper.

Section 473. Hearing.--Any person interested, including the county commissioners, may file exceptions to said petition prior to the day fixed for the hearing, and at such hearing any person in interest may be heard. The court may bear evidence, and call witnesses, but shall not be required to inquire into the matters set forth upon the judgment of the petitioners as to the benefit to the county resulting from the construction of said canal or waterway and the desirability of the issue of bonds as set forth, which matters shall be deemed to depend upon the result of the election prayed for. If the court shall find that such petition conforms to the requirements of this act, it shall, by order, direct the county commissioners to call an election, to be held in said county on the day specified in said petition, for the purpose of taking a vote of the electors upon the question of the increase of indebtedness and issuance of bonds of the aggregate principal amount set forth in the petition.

Section 474. Election.--Such election shall be called, held and conducted in the manner provided by section three of an act of the Legislature of Pennsylvania entitled "An act to regulate the manner of increasing the indebtedness of municipalities; to provide for the redemption of the same; and to impose penalties for the illegal increase thereof," approved April twentieth, eighteen hundred seventy-four (Pamphlet Laws, sixty-five), and the acts amendatory thereof and supplemental thereto, except that the county commissioners shall not be required to signify their desire to make the increase of indebtedness in question, or to fix the date of the election, which latter shall be determined by the petition. All expenses incident to the calling and holding of such election shall be paid by the county.

If by the returns of such election, it shall appear that the majority of the electors voting on the question of the increase of indebtedness and issuance of bonds shall have voted in favor of such increase and issuance of bonds, the county commissioners shall issue bonds of the county as hereinafter provided. If at any such election a majority of the votes cast for and against such increase and bonds shall not be in favor of such question, then no further election upon such question shall be held during the year following. The power hereby conferred shall not be exhausted by a single submission to a vote and a favorable vote thereon.

Section 475. Execution and Issuance of Bonds.--Whenever any officer of the State of Pennsylvania, or any commission, board, or other agency thereof, or any officer of such commission, board or other agency, there unto duly authorized by any present or future law of the State of Pennsylvania, shall certify to the county commissioners of any county, which shall have voted to issue bonds to aid in the construction of any canal or waterway, that contributions or appropriations in money or bonds at their par value have been authorized, at least equal in amount to the estimated cost of such canal or waterway and appurtenances, the county commissioners shall, by resolution, provide for the issuance and execution, in the manner provided by the general law, of the amount of bonds authorized by the electors. Such bonds shall thereupon be executed, and the treasurer or controller shall deliver the same to the treasurer of the State of Pennsylvania. Said bonds shall bear such date, and run for such terms, not exceeding thirty years from their date, bear such rate of interest, not exceeding six per centum per annum, payable annually or semi-annually, and be in such form, either coupon or registered, or coupon and registered combined, of such denomination, and payable as to both principal and interest at such place or places, as the county commissioners, by resolution, may provide, and shall contain a recital that they are issued pursuant to the authority of this act. Such recital shall be conclusive evidence of their validity and of the regularity of their issue.

Section 476. Tax to Pay Interest and Principal; Sale of Bonds.--The resolution authorizing and directing the execution and delivery of said bonds shall provide for the collection of an annual tax, on the taxable property of the county, sufficient to pay the interest and also the principal thereof within thirty years. Such tax may be assessed, levied, and collected without regard to any limitation or restrictions contained in any other law or laws upon the amount of taxes which may be assessed, levied and collected.

Said bonds may be sold from time to time, at public or private sale, for the best price obtainable, but for not less than par and accrued interest, in such manner as may be provided by any present or future law of the State of Pennsylvania. The proceeds thereof shall be applied to the cost and expenses involved in the construction of such canal or waterway and appurtenances, but no purchaser of said bonds shall be liable to see to the application of such proceds. Before any of said bonds shall be sold, all matured coupons, if any thereunto belonging, shall be detached therefrom and cancelled and delivered to the county commissioners of the county issuing the same.

Section 477. Procedure to Be Followed; Limitations of Indebtedness.--In the authorization and issuance of any such bonds, county commissioners and other authorities shall comply with the requirements of "An act to regulate the manner of increasing the indebtedness of municipalities; to provide for the redemption of the same and to impose penalties for the illegal increase thereof," approved April twentieth, one thousand eight hundred and seventy-four (Pamphlet Laws, sixty-five), and the acts amendatory thereof and supplemental thereto, except in so far as the same may be inconsistent with the provisions of this act.

Nothing herein contained shall authorize or require the county commissioners of any county to submit to the electors the question of increasing the indebtedness of said county, or authorize or require said county commissioners to issue bonds in such amount that the indebtedness of such county will exceed seven per centum upon the assessed valuation of the taxable property therein, as limited by article nine, section eight of the Constitution, nor shall the total amount of bonds issued by any county under the provisions of this subdivision of this act, and outstanding at any time, exceed two per centum of the last assessed valuation of the taxable property of such county.

(i) LAW LIBRARIES

Section 481. Appropriations; Law Library Committee.--The board of commissioners shall annually appropriate to the committee hereinafter provided such sum or sums as may be directed by the president judge of the court of common pleas of the county for the purchase and support of a law library, to be kept in or near the court house of the county, for the use of the citizens thereof.

The money thus appropriated shall be expended under the direction of a committee of five members of the bar of the county, to be appointed annually by the judge or judges of the several courts thereof, who shall have power to fill any vacancies that may occur in said committee.

Said committee shall have power to adopt such rules and regulations for the management of said library, as may be expedient and necessary for the proper care and preservation of the same, and shall, at the end of every year, report to the judge or judges aforesaid the condition of said library, and account for all expenditures of money made by them in relation thereto, which if approved shall be filed of record in the office of the prothonotary of said county.

Section 482. Additional Appropriations.--In all cases where a law library has been or may be established in any county for public use, the board of commissioners many annually make such appropriation as may, in addition to any other source of revenue provided by law, be necessary and sufficient to properly support and maintain such library.

Section 483. Fines and Forfeitures Applied to Law Libraries in Counties of the Third and Fourth Classes.--All of the fines and forfeitures to which counties of the third and fourth classes are by existing or future laws entitled are hereby directed to be paid, at the discretion of the court imposing said fines and forfeitures, in such proportion as said court may direct, to the county treasurer, or to the committee hereinafter provided for the support and maintenance of a law library to be kept in or near the court house for the use of the citizens of the county.

The moneys to be used for law library purposes shall be expended for the support and maintenance of a law library, under the direction of a committee of five members of the bar, to be appointed annually by the judge or judges of the several courts of the county, who shall have power to fill any vacancies that may occur in said committee.

Said committee shall have power to adopt such rules and regulations for the management of said library as may be expedient and necessary for the proper care and preservation of the same, and shall, at the end of every year, report to the judge or judges aforesaid the condition of said library, and account for all expenditures of money made by them in relation thereto, which, if approved, shall be filed of record in the office of the prothonotary.

(483 amended June 9, 1931, P.L.401, No.146)

Section 484. Counties of the Fifth, Sixth, Seventh and Eighth Classes; Fines, Penalties for Use of a Law Library.--If in any county of the fifth, sixth, seventh and eighth class of this Commonwealth, where by law the fines, penalties, and moneys collected from forfeited recognizances are directed to be paid into the treasury of the county for the use of a law library to be kept in the court house of said county for the use of the courts and the bar thereof, and to be expended from time to time under the direction of a committee of the resident members of the bar appointed by the president judge, the said fines, penalties and moneys collected from forfeited recognizances are, in the opinion of the court, in excess of the amount required by the said committee for law library purposes, the court of common pleas of said county may, by its order, direct all or any portion of such fines, penalties or moneys from forfeited recognizances to be paid into the county treasury for the use of the county.

Section 485. Digest of Laws and Decisions for Use of Justice of the Peace.--The county commissioners of each county in this Commonwealth may provide, furnish, and thereafter maintain to date, in the court house, an approved digest of the laws and court decisions of this Commonwealth, which shall be available at all reasonable times for the use of the justices of the peace of the Commonwealth.

(j) REWARDS

Section 491. Rewards for Detection or Apprehension of Criminals.--The board of commissioners may, when they deem the same expedient, offer such reward, in addition to that authorized by law, as in their judgment the nature of the case requires, for the detection or apprehension of any person charged with or perpetrating any felony or misdemeanor, or aiding or abetting the same. Upon the conviction of such person, the county commissioners may pay such reward out of the county treasury, but in no case shall the owner of any stolen property be entitled to any of the reward for the detection or apprehension of the person guilty of the larceny. In cases of misdemeanor, the county commissioners must have the approval of the president judge of the court of common pleas of the county before offering or paying such reward.

Section 491.1. Bounties For Destruction of Rattlesnakes, Copperhead Snakes, and Porcupines.--The board of commissioners of any county of the sixth, seventh or eighth class may provide for the payment of rewards or bounties for the killing within the county only of rattlesnakes and copperhead snakes, nor more than one dollar for each, and for the killing of porcupines, not more than fifty cents each, and may make appropriations for such purposes.

(491.1 added June 2, 1937, P.L.1190, No.303)

(k) AERONAUTICS

(Subdiv. added June 9, 1931, P.L.401, No.146)

Section 492. Use of Land Now Owned for Airports.--Any county shall have the right and authority to use any land within the county now owned by it for any aviation purposes when, in the judgment of the county commissioners, such use may be necessary for aviation purposes.

(492 added June 9, 1931, P.L.401, No.146)

Section 493. Appropriating Money to Assist Political Subdivisions for Airports.--The county commissioners of any county may appropriate moneys to assist any city, borough, town, township, or other political subdivision, within such county or within any adjacent county, to acquire, establish, operate and maintain airports, airdromes, landing fields, intermediate landing fields, or air navigation facilities.

(493 added June 9, 1931, P.L.401, No.146)

(l) PROCEEDINGS BEFORE PUBLIC UTILITY COMMISSION

(Subdiv. added Apr. 29, 1937, P.L.542, No.128)

Section 495. Counties of the Second Class May Assist Municipalities.--Upon the request of any political subdivision or subdivisions within the county, any county of the second class may assist such political subdivision in any negotiations or contest with any public service company, and, for such purpose, may employ, or place at the disposal of such political subdivision, the legal, engineering, accounting or clerical service of the county. The county commissioners of any such county may also enter their appearance as interveners, or otherwise, in any proceedings before the Public Utility Commission, or before any court in any proceeding involving any controversy between any political subdivision in the county and a public service company.

(495 added Apr. 29, 1937, P.L.542, No.128)

Section 496. Any county of the second, third, fourth, fifth, sixth, seventh or eighth classes may acquire by lease, purchase or condemnation proceedings any land lying within its territorial limits or the territorial limits of any adjoining county which in the judgment of the county commissioners may be necessary and desirable for the purpose of establishing and maintaining airdromes or landing fields, but no such land shall be so acquired in any adjoining county without the assent of the county commissioners thereof. Any such county may also appropriate for such purpose any lands heretofore or hereafter purchased by it at any tax sale and which have not been redeemed within the period provided by law.

(496 reenacted and amended June 20, 1947, P.L.702, No.306)

Section 496.1. The proceedings for the condemnation of lands under the provisions of this act and for the assessment of damages for property taken, injured or destroyed shall be conducted in the same manner as now provided by law for the condemnation of land or buildings for county purposes in the county in which the land is situated.

The title acquired by virtue of any such condemnation shall be a title in fee simple.

(496.1 reenacted June 20, 1947, P.L.702, No.306)

Section 496.2. Any such county acquiring land for any aeronautical purposes may lease the same or part thereof for an adequate consideration, after due public notice and with the consent and approval of the taxing authorities of the county acquiring such land, to any individual or corporation desiring to use the same for the purposes of landing or starting an airplane therefrom, or for other aeronautical purposes, on such terms and subject to such conditions and regulations as may be provided. Any such county may enter into a contract in the form of a lease providing for the use of said land or any part thereof by the Government of the United States for air mail delivery or other aeronautical purposes upon nominal rental or without consideration.

(496.2 reenacted June 20, 1947, P.L.702, No.306)

Section 496.3. Any such county acquiring land for any aviation purpose may operate and maintain said airdromes or aviation landing fields jointly with any such city, county, borough, town or township or other political subdivision upon such terms and conditions as may be agreed upon between the corporate authorities thereof and the county commissioners of such county.

(496.3 reenacted June 20, 1947, P.L.702, No.306)

Section 496.4. Any such county acquiring any land for such purpose may by resolution of the board of commissioners appropriate such funds as are necessary for the engineering, design, surveys and construction of such an airport either wholly by themselves or in cooperation with State, Federal or other public agencies supplying a portion of the necessary funds for said work.

(496.4 reenacted June 20, 1947, P.L.702, No.306)

Section 496.5. In establishing, maintaining and operating airdromes and landing fields where construction and repair of roadways, runways, buildings and facilities, or the purchase thereof, are deemed necessary within or for use within the limits of land acquired for such purpose, there shall be no necessity for submission thereof to the court of quarter sessions or grand jury of any county, but contracts therefor shall be entered into as provided for the general business of the county, and in the case of joint establishment, operation and maintenance with any other political subdivision contracts relating thereto shall be entered into as provided for the general business of any of such participating municipal subdivisions.

(496.5 added May 31, 1947, P.L.379, No.173)

Section 496.6. Any contracts heretofore entered into for construction and repair of roadways, runways, buildings and facilities, or the purchase thereof, within or for use within the limits of land acquired for the establishment and operation of airdromes or landing fields, without first having obtained the approval of the court of quarter sessions or grand jury of any county, and entered into as provided for the general business of the county or other political subdivisions jointly interested are hereby ratified, confirmed, approved and declared lawful contracts.

(496.6 added May 31, 1947, P.L.379, No.173)

(m) REFUSE DISPOSAL

(Subdiv. added May 9, 1947, P.L.199, No.91)

Section 497. Any county of the second class may acquire by gift, lease, purchase or eminent domain real property within said county for the purpose of erecting thereon garbage disposal plants, and shall have power to erect, operate and maintain suitable buildings for garbage and incinerating furnaces. In every case of taking private property by eminent domain the county shall acquire the entire title, either in fee or otherwise, held by the owner or owners of the property or of any interest therein.

(497 added May 9, 1947, P.L.199, No.91)

Section 497.1. The county commissioners of any county of the second class shall have the power to enter into agreements or contracts with any person, corporation or political subdivision for the disposal of garbage and refuse in such plants, and to charge and receive fees for such service.

(497.1 added May 9, 1947, P.L.199, No.91)

(n) SURPLUS FOODS

(Subdiv. added May 6, 1955, P.L.43, No.16)

Section 498. Appropriations for Handling, Storage and Distribution of Surplus Foods.--The board of commissioners of any county to which this act applies may appropriate from county funds or from county institution district funds moneys for the handling, storage and distribution of surplus foods obtained either through a local, State or Federal agency.

(498 added May 6, 1955, P.L.43, No.16)

ARTICLE VI

COUNTY PLANNING COMMISSION AND ZONING

(Hdg. amended June 25, 1937, P.L.2129, No.435)

(a) COUNTY PLANNING COMMISSION

(Hdg. added June 25, 1937, P.L.2129, No.435)

Section 501. Creation and Powers of County Planning Commissions.--In counties of the second class, a department is hereby created to be known as the Department of County Planning, which shall be in charge of the county planning commission, consisting of nine persons, who shall be residents of the county, four of whom shall be residents of the city or cities therein, and five of whom shall be residents of the boroughs and townships therein, and who shall have knowledge and experience in respect to one or more of the following subjects: finance, commerce, industry, agriculture, transportation, architecture, landscape architecture, real estate, building, engineering, social welfare, civic administration, and law, and at least seven of whom shall not be paid county employes. All of said persons shall be appointed by the county commissioners; three of them shall be designated to serve until the first day of January, of the second year following the year in which they are appointed, three of them until the first day of January, of the fourth year following the year in which they are appointed, and three of them until the first day of January, of the sixth year following the year in which they are appointed: Provided, however, That in counties of the second class, the members of the county planning commission in office at the time this amending act becomes effective, shall remain in office until the end of their respective terms. Their successors shall be appointed at the expiration of their respective terms, to serve six years. An appointment to fill a casual vacancy shall be only for the unexpired portion of the term. Three members shall constitute a quorum. They may make and alter rules and regulations for their own organization and procedure, consistent with the resolutions of the county commissioners and the rules of the Commonwealth. They shall serve without compensation, and shall make annually to the county commissioners a report of their transactions and recommendations. They may employ engineers and other persons, whose salaries and wages, and other necessary expenses of the commission shall be provided for, in the discretion of the county commissioners, by proper appropriation and resolution. The county planning commission may be given the additional power and duty of serving as the county zoning commission with all the powers and duties that have been, or may be, conferred upon such county zoning commission by other acts of Assembly.

(501 amended June 25, 1937, P.L.2124, No.434)

Section 502. Submission of Resolutions for Certain Improvements; Reports Thereon.--All resolutions of the county commissioners relating to the location of any public building in the county, and to the location, extension, widening, enlargement, ornamentation, or parking, of any street, boulevard, parkway, bridge, tunnel, subway, or underground road, park, playground, or other public grounds, to the vacation of any highway or portion thereof, or to the making or alteration of the county plan of highways, or to any surface, underground, or elevated railway, shall be furnished to the County Planning Commission, if one has been created, twenty days before their passage and adoption by the county commissioners. The said commission may make a report or suggestion in relation thereto if it deems the report necessary or advisable for the consideration of the said commissioners. If the said report is made by the commission prior to the expiration of the said twenty days, the county commissioners may immediately proceed with the adoption of the said resolution. All such reports, when delivered to the said commissioners, shall be for the information of the public, as well as for the commissioners, and the commissioners shall furnish to any newspaper of the county on request for publication a copy of any such report.

(502 amended June 25, 1937, P.L.2124, No.434)

Section 503. Appearance in Court.--The County Planning Commission may appear in any proceeding in the court of quarter sessions of said county, with reference to the opening or vacation of any public road or highway, bridge, tunnel, subway or underground road, and file a report, stating its view with reference thereto, and may produce testimony before the said court in connection therewith.

(503 carried without amendment June 25, 1937, P.L.2124, No.434)

Section 504. Plans of Subdivisions; Jurisdiction; Scope of Subdivision; Regulations; Procedure; Penalties.--The County Planning Commission shall have jurisdiction and control of the subdivision of land located within the county limits. For the purpose of this section a subdivision shall be construed to be: A division of any part, parcel or area of land by the owner or agent, either by lots or by metes and bounds into lots or parcels three or more in number for the purpose of conveyance, transfer, improvement or sale with appurtenant roads, streets, lanes, alleys and ways, dedicated or intended to be dedicated to public use, or the use of purchasers or owners of lots fronting thereon. All plans, plots, and replots of land laid out in building lots, and the streets, highways, alleys or other portions of the same intended to be dedicated to public use, or the use of purchasers or owners of lots fronting thereon or adjacent thereto, located within the county limits, except those located within any city or borough within the said counties shall be submitted to the County Planning Commission, if one has been created, and approved by it before they shall be recorded. And it shall not be lawful to receive or record any such plan in any public office, unless the same shall bear thereon by endorsement or otherwise the approval of the County Planning Commission, if one has been created. The disapproval of any such plan by the County Planning Commission shall be deemed a refusal of the proposed dedication shown thereon. The approval of the commission shall be deemed an acceptance of the proposed dedication, but shall not impose any duty upon the county concerning maintenance or improvement of any such dedicated streets, highways, alleys or other portions of the same, until the proper authorities of the county shall have made actual appropriation of the same by entry, use or improvement. The owners and purchasers of such lots shall be conclusively presumed to have notice of public plans, maps, and reports of the commission affecting such property within its jurisdiction. Any owner, or agent of the owner, of any land located within a subdivision, who sells, transfers or agrees to sell, any land by reference to, or exhibition of, or by other use of a plan of a subdivision, before the same has been approved by the County Planning Commission shall upon summary conviction thereof before any alderman or justice of the peace of the county be sentenced to pay a fine of not less than fifty dollars ($50), or more than one hundred dollars ($100), and the cost of the prosecution, or undergo an imprisonment for a term of not more than thirty days for each lot or parcel transferred or sold, or agreed to be sold, and the description of such lot or parcel by metes and bounds in the instrument of transfer, or other document used in the process of selling or transferring, shall not exempt the transaction from such penalties, or from the remedies herein provided. Counties may also enjoin such transfer or sale or agreement by action for injunction brought in any court of equity jurisdiction, in addition to the penalty herein provided.

(504 amended June 10, 1947, P.L.479, No.212)

Section 505. Maps of County.--The County Planning Commission may make, or cause to be made, and laid before the said county commissioners, and in its discretion cause to be published, a map or maps of the county, and any portion or portions thereof, including the territory extending three miles beyond the county limits, showing the highways and other public improvements hereinbefore specified, and other natural or artificial features, and also locations proposed by it for any new highways, or other of such improvements, or any widening, extension or relocation of the same, or any change in the county plan by it deemed advisable.

(505 carried without amendment June 25, 1937, P.L.2124, No.434)

Section 506. Recommendations to County Commissioners and Others.--It may make recommendations to the said commissioners, from time to time, concerning any such matters and things aforesaid, for action of the county commissioners thereon, and, in so doing, have regard for present conditions and future needs and growth of the county, and the distribution and relative location of all the principal streets and railways, waterways, and all other means of public travel and business communication, as well as the distribution and relative location of public buildings, public grounds, and open spaces devoted to public use, and the planning and laying out for dwelling and business purposes of private grounds brought into the market from time to time.

The County Planning Commission may make recommendations to any public authorities, or any corporations or individuals in such counties, with reference to the location of any buildings, structures, or works to be erected or constructed by them.

(506 carried without amendment June 25, 1937, P.L.2124, No.434)

Section 507. Cooperation between Commission and Political Subdivisions.--The County Planning Commission shall encourage the cooperation of the political subdivisions within the county in any matters whatsoever which may concern the integrity of the county plan, or maps prepared by the commission as an aid toward coordination of municipal plans with the county plans, and it shall be the duty of every city, borough, town and township within a county having a County Planning Commission, having prepared any maps or plans by a duly authorized planning commission, to file a copy thereof, and any subsequent amendments thereto, with the County Planning Commission within sixty days from the effective date of this act, or within thirty days of the completion of such plan or map.

(507 added June 25, 1937, P.L.2124, No.434)

Section 507.1. Local Authorities to Submit Plans to County Planning Commission.--Before the approval of a plat by any city, borough, town or township authority having the power of approval of plats, such authority shall transmit a copy of the proposed plat to the County Planning Commission, if one has been created, and the commission shall make a report thereon to such local authority. Pending the receipt and consideration of such report, such local authority shall defer action thereon, but if such report be not received by the local authority within twenty days from the submission of the plat to the County Planning Commission, or within such further time as may be agreed upon by the local authorities, such local authority may proceed to final action thereon.

(507.1 added June 25, 1937, P.L.2124, No.434)

Section 507.2. Creation of Regional Planning Commission.--The councils or corresponding administrative bodies of any group of political subdivisions, independently or together with the county commissioners of any county or counties in which such group of political subdivisions is located, or of any adjoining county or counties, or the council or corresponding administrative body of any political subdivision, together with the county commissioners in which such political subdivision is located, or the county commissioners of any two or more adjoining counties, may cooperate in the creation of a regional planning commission for any region defined, as may be agreed upon by said cooperating councils, authorities, and county commissioners, or by said cooperating county commissioners. The number and qualifications of the members of any such regional planning commission and their terms and method of appointment or removal shall be such as may be determined and agreed upon by said cooperating authorities and county commissioners: Provided, however, That a majority of the members of the regional planning commission shall hold no other public office or position, excepting appointive membership on a municipal or other planning commission. Members of the regional planning commission shall serve without salary, but may be paid expenses incurred in the performance of duties. The proportion of the expenses of the regional planning commission to be borne, respectively, by the political subdivisions and counties, or by the counties cooperating in the establishment and maintenance of the commission, shall be such as may be determined and agreed upon by the cooperating authorities and county commissioners, and said authorities and county commissioners are hereby authorized to appropriate their respective shares of such expenses. Within the amounts thus agreed upon and duly appropriated, any such regional planning commission shall have the power to appoint such employes and staff as it may deem necessary for its work, and contract with planners and other consultants for such services as it may require. The regional planning commission shall elect its chairman, who shall hold no other public office or position, except that he may be a member of a municipal or other planning commission. The term of the chairman shall be one year, with eligibility for reelection. The commission may create and fill such other offices as it may determine. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record. The county commissioners or other county official, or the chief executive officer or body of any political subdivision, may, from time to time, upon the request of the commission, and, for the purpose of special surveys, assign or detail to the commission any officers or employes of the county or political subdivision to make, for the commission, special surveys or studies requested by the commission.

(507.2 added June 25, 1937, P.L.2124, No.434)

Section 507.3. Regional Planning Commission to Make Master Plan.--It shall be the function and duty of the regional planning commission to make a master plan and such surveys and studies as may be essential thereto for the physical development of the region, as created in accordance with the provisions of section 507.2 of this act. Such master plan shall include all the elements of physical development that may be locally important and desirable.

(507.3 added June 25, 1937, P.L.2124, No.434)

Section 507.4. Delegated Powers of Regional Planning Commission.--The council or corresponding administrative bodies of any political subdivision, and the county commissioners of any county so cooperating, may delegate to the regional planning commission, by ordinance or resolution, any or all of the powers and duties of the planning commission of such political subdivision, with respect to the territory of the political subdivision so enacting or resolving, and, in case of a county, any and all of the powers and duties of a county planning commission for the territory of the county so resolving.

(507.4 added June 25, 1937, P.L.2124, No.434)

(b) COUNTY ZONING

(Subdiv. added June 25 1937, P.L.2129, No.435)

Section 510.1. Grant of Power.--The board of county commissioners of any county is hereby empowered, in accordance with the conditions and procedure specified in the subsequent sections of this article, by ordinance, to regulate in any portion or portions of such county which lie outside of cities, boroughs and townships of the first class, the location, height, bulk, and size of buildings and other structures, the percentage of lot which may be occupied, the size of yards, courts, and other open spaces, the density and distribution of population, the uses of buildings and structures for trade, industry, residence, recreation, public activities or other purposes, and the uses of land for trade, industry, residence, recreation, agriculture, water supply conservation, soil conservation, forestry or other purposes.

(510.1 added June 25 1937, P.L.2129, No.435)

Section 510.2. Zoning Commission.--In order to avail itself of the powers conferred by this act, the board of county commissioners shall appoint a permanent commission of three, five or seven members, which shall be known as the county zoning commission.

Any individual, whether in private or ex-officio capacity, may be appointed to serve on such commission, and the majority of the members thereof shall be individuals who do not hold elective public office. The boards of county commissioners of two or more counties may arrange or provide for a joint or common commission, and, for the purposes of this act, any such joint or common zoning commission shall be deemed the zoning commission of each of such counties. The board of county commissioners shall provide for reimbursement of the members of the zoning commission for actual expenses incurred, and shall provide for the filling of vacancies in the membership of such commission, and for the removal of a member for non-performance of duty or misconduct.

In any county where a county planning board has been or shall be established, the board of county commissioners may, in lieu of establishing a zoning commission as provided in this section, confer and impose on such planning board the additional power and duty of serving as the county zoning commission with all the powers and duties conferred by this act upon the county zoning commission.

(510.2 added June 25 1937, P.L.2129, No.435)

Section 510.3. Assistance from State Agencies; Personnel.--The zoning commission is directed to make use of the expert advice and information which may be furnished by appropriate State and Federal officials, departments, and agencies, particularly the Pennsylvania State Planning Board, and all State officials, departments, and agencies having information, maps, and data pertinent to county zoning are hereby authorized and directed to make the same available for the use of the county zoning commission, as well as to furnish such other technical assistance and advice as they may have available for such purpose. The zoning commission may employ such trained personnel as the funds provided therefor may permit.

(510.3 added June 25 1937, P.L.2129, No.435)

Section 510.4. Preparation of Zoning Plan.--It shall be the duty of the zoning commission of any county to make, for certification to the board of county commissioners of such county, a zoning plan or plans, including both the full text of the zoning ordinance or ordinances and the maps and representing the recommendations of the commission for the regulation by districts or zones of the location, height, bulk, and size of buildings and other structures, percentage of lot which may be occupied, the size of lots, courts and other open spaces, the density and distribution of population, the location and use of buildings and structures for trade, industry, residence, recreation, public activities or other purposes, and the uses of land for trade, industry, recreation, agriculture, forestry, soil conservation, water supply conservation or other purposes.

When the efforts of such commission shall have reached the stage of a tentative plan, the commission shall hold at least one public hearing on each tentative plan to be separately submitted, notice of which hearing shall be published at least fifteen days before the date of the hearing in a newspaper of general circulation in the county. The notice shall contain the time and place of hearing, and shall specify the place and times at which the tentative text and maps of the zoning ordinance may be examined. For the purpose of its public hearing or hearings, the commission shall have power to summon witnesses, administer oaths, and compel the giving of testimony.

Before finally adopting and certifying any zoning plan, the zoning commission shall submit its tentative plan to the State Planning Board for advice and recommendations. The approval of the State Planning Board shall be presumed unless the State Planning Board shall, within forty-five days after such submission, present its advices and criticisms in respect to such zoning plan.

In the event that, after such public hearing or hearings and after such submission to the State Planning Board, the zoning commission, in the light of the developments at such hearing or hearings or the advices and recommendations of the State Planning Board, makes changes in its said tentative plan, there shall be no requirement of any hearing upon such changes or any submission of such changes to the State Planning Board.

(510.4 added June 25 1937, P.L.2129, No.435)

Section 510.5. Zoning Ordinance.--From and after the time when a zoning commission of any county, in accordance with the procedure specified in the next preceding section of this article, makes, adopts, and certifies to the board of county commissioners of its county, each zoning plan, including both the full text of a zoning ordinance and the maps, then the board of county commissioners may, by ordinance, exercise the powers granted to it in section five hundred ten and one-tenth of this act, and, for the purpose of such exercise, the board of county commissioners may divide the territory of the county, which lies outside of municipalities which now have authority to adopt and enforce zoning ordinances, into districts or zones of such number, shape or area as it may determine, and within such districts, or any of them, may regulate the erection, construction, reconstruction, alteration, and uses of buildings and structures and the uses of land, and may require and provide for the issuance of building permits as a condition precedent to the right to erect, construct, reconstruct or alter any building or structure within any district covered by such zoning ordinance. All such regulations shall be uniform for each class or kind of buildings throughout any district, but the regulations in one district may differ from those in other districts.

(510.5 added June 25 1937, P.L.2129, No.435)

Section 510.6. Method of Procedure.--After receiving the certification of a zone plan from the zoning commission and before the enactment of any zoning ordinance, the board of county commissioners shall hold a public hearing thereon, of the time and place of which at least thirty days' notice shall be given by one publication in a newspaper of general circulation in the county. Such notice shall state the place at which the text and maps as certified by the zoning commission may be examined. The board may conduct consultative hearings or referenda to aid it in determining the desirability of contemplated or recommended regulations. No change in or departure from the text or maps, as certified by the zoning commission, shall be made unless such change or departure shall first be submitted to the zoning commission for its approval or disapproval or suggestions. The zoning commission shall have thirty days from and after such submission within which to send its report to the board of county commissioners: Provided, however, That no approval, disapproval or suggestions of the zoning commission shall have more than advisory effect or shall in anywise bind the board of county commissioners.

(510.6 added June 25 1937, P.L.2129, No.435)

Section 510.7. Purposes of Zoning Regulations.--Such regulations shall be designated and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity or welfare of the present and future inhabitants of the State of Pennsylvania, including, amongst other things, the lessening of congestion in the streets or roads or reducing the waste of excessive amounts of roads, securing safety from fire and other dangers, providing adequate light and air, preventing on the one hand excessive concentration of population and on the other hand excessive and wasteful scattering of population or settlement, promoting such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate and conserve adequate provisions for transportation, water flowage, water supply, drainage, sanitation, educational opportunities, recreation, soil, fertility, food supply, protection of the tax base, securing economy in governmental expenditures, fostering the State's agricultural and other industries, and the protection of both urban and non-urban development.

(510.7 added June 25 1937, P.L.2129, No.435)

Section 510.8. Amendments.--The board of county commissioners may, from time to time, amend the number, shape, boundary or area of any district or districts, or any regulation of, or within, such district or districts, or any other provision of any zoning ordinance, but no such amendment shall be made or become effective until the same shall have been proposed by or be first submitted for approval, disapproval or suggestions to the zoning commission and the Pennsylvania State Planning Board. Any proposal, approval, disapproval or suggestions of the zoning commission or the State Planning Board shall have advisory effect only and not be binding upon the board of county commissioners, and, unless such zoning commission or State Planning Board shall have transmitted its report upon the proposed amendment within thirty days after the submission thereof to it, the board of county commissioners shall be free to proceed to the adoption of the amendment without further awaiting the receipt of the report of the zoning commission or State Planning Board. Before finally adopting any such amendment, the board of county commissioners shall hold a public hearing thereon, at least thirty days' notice of the time and place of which shall be given by at least one publication in a newspaper of general circulation in the county.

(510.8 added June 25 1937, P.L.2129, No.435)

Section 510.9. Cooperation Between Counties.--The zoning commission of any county may cooperate with the zoning commissions of other counties and with the planning, zoning, legislative, and administrative authorities of cities, boroughs, first-class townships or other municipalities, either within or without such county, with a view to coordinating and integrating the zoning of the county with the planning and zoning of other counties or of municipalities. The zoning commission shall also have power to appoint such committee or committees, and adopt such rules for the conduct of its business, as it may deem proper to effect such cooperation or to more expeditiously and effectively perform its functions.

(510.9 added June 25 1937, P.L.2129, No.435)

Section 510.10. The Board of Adjustment.--The board of county commissioners of any county which enacts zoning regulations under the authority of this act, shall provide for a board of adjustment of three to five members and for the manner of the appointment of such members. Not more than half of the members of such board may at any time be members of the zoning commission. The board of county commissioners shall fix per diem compensation and terms for the members of such board of adjustment, which terms shall be of such length and so arranged that the term of at least one member will expire each year. Any member of the board of adjustment may be removed for cause by the board of county commissioners upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term in the same manner as in the case of original appointments. The board of county commissioners may appoint associate members of such board, and in the event that any regular member be temporarily unable to act owing to absence from the county, illness, interest in a case before the board of any other cause, his place may be taken during such temporary disability by an associate member designated for the purpose. The boards of county commissioners of two or more counties may arrange and provide for a joint or common board of adjustment of four or five members, which joint or common board of adjustment shall be deemed the board of adjustment of each of such counties.

The board of county commissioners shall provide and specify in its zoning or other ordinances general rules to govern the organization, procedure, and jurisdiction of said board of adjustment, which rules shall not be inconsistent with the provisions of this act, and the board of adjustment may adopt supplemental rules of procedure not inconsistent with this act or such general rules.

Any zoning ordinance of the board of county commissioners may provide that the board of adjustment may in appropriate cases and subject to appropriate principles, standards, rules, conditions, and safeguards set forth in the zoning ordinance, make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent. The commissioners may also authorize the board of adjustment to interpret the zoning maps and pass upon disputed questions of lot lines or district boundary lines or similar questions, as they may arise in the administration of the zoning regulations.

Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board in its rules of procedure may specify. The chairman or in his absence the acting chairman may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(510.10 added June 25 1937, P.L.2129, No.435)

Section 510.11. Appeals to the Board of Adjustment.--Appeals to the board of adjustment may be taken by any person aggrieved by his inability to obtain a building permit, or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of the zoning ordinance. Appeals to the board of adjustment may be taken by any officer, department, board or bureau of the county affected by the grant or refusal of a building permit or by other decision of an administrative officer or agency based on or made in the course of the administration or enforcement of the provisions of the zoning ordinance. The time within which such appeal must be made, and the form or other procedure relating thereto, shall be as specified in the general rules provided by the board of county commissioners to govern the procedure of such board of adjustment or in the supplemental rules of procedure adopted by such board.

Upon appeals the board of adjustment shall have the following powers:

(1) To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the zoning ordinance.

(2) To hear and decide, in accordance with the provisions of any such ordinance, requests for special exceptions or for interpretation of the map or for decisions upon other special questions upon which such board is authorized by any such ordinance to pass.

(3) Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the regulation, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this act would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property to authorize, upon an appeal relating to said property, a variance from such strict application so as to relieve such difficulties or hardship, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning ordinances.

The concurring vote of four members of the board in the case of a five-member board, and of three members in the case of a three-member board, shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or agency or to decide in favor of the appellant.

(510.11 added June 25 1937, P.L.2129, No.435)

Section 510.12. Court Review.--Any persons jointly or severally aggrieved by any decision of the board of adjustment or any taxpayer or any officer, department, board or bureau of the county may present to the court of common pleas of the county, in which the property concerning which such decision was made is located, a petition duly verified, setting forth that such decision is illegal in whole or in part, specifying the grounds of the illegality. Such a petition shall be presented to the court within thirty days after the filing of the decision in the office of the board. Upon the presentation of such petition, the court may allow a writ of certiorari, directed to the board of adjustment, to review such decision of the board of adjustment, and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order. The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof, or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, if may take evidence, or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

Costs shall not be allowed against the board, unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.

All issues in any proceeding under this section shall have preference over all other civil actions and proceedings.

(510.12 added June 25 1937, P.L.2129, No.435)

Section 510.13. Violations; Enforcement and Remedies.--It shall be unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure or to use any land in violation of any regulation in, or of any provision of, any zoning ordinance, or any amendment thereof, enacted or adopted by any board of county commissioners under the authority of this act. Any person, firm or corporation violating any such regulation, provision or amendment, or any provision of this act, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one hundred dollars ($100.00), or imprisoned not more than ten days, or both. Each and every day during which such illegal erection, construction, reconstruction, alteration, maintenance or use continues shall be deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used, or any land is or is proposed to be used, in violation of this act or of any regulation or provision of any ordinance, or amendment thereof, enacted or adopted by any board of county commissioners under the authority granted by this act, such board, the district attorney of the county or any owner of real estate within the district in which such building, structure or land is situated, may, in addition to other remedies provided by law, institute injunction, mandamus, abatement or any other appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.

(510.13 added June 25 1937, P.L.2129, No.435)

Section 510.14. Nonconforming Uses.--The lawful use of a building or structure, or the lawful use of any land, as existing and lawful at the time of the enactment of a zoning ordinance, or in the case of an amendment of an ordinance, then at the time of such amendment, may, except as hereinafter provided, be continued although such use does not conform with the provisions of such ordinance or amendment, and such use may be extended throughout the same building, provided no structural alteration of such building is proposed or made for the purpose of such extension. The board of county commissioners may provide in any zoning ordinance for the restoration, reconstruction, extension or substitution of nonconforming uses upon such terms and conditions as may be set forth in the zoning ordinance. The board of county commissioners may in any zoning ordinance provide for the termination of nonconforming uses, either by specifying the period or periods in which nonconforming uses shall be required to cease, or by providing a formula or formulae whereby the compulsory termination of a nonconforming use may be so fixed as to allow for the recovery or amortization of the investment in the nonconformance.

If any county acquire title to any property by reason of tax delinquency and such property be not redeemed as provided by law, the future use of such property shall be in conformity with the then provisions of the zoning ordinance of the county, or with any amendment of such ordinance, equally applicable to other like properties within the district in which the property acquired by the county is located.

(510.14 added June 25 1937, P.L.2129, No.435)

Section 510.15. List of Nonconforming Uses.--Immediately after the adoption of any zoning ordinance or amendment by the board of county commissioners, the county zoning commission shall prepare and publish a complete list of all nonconforming uses and occupations existing at the time of the adoption of such ordinance or amendment. Such list shall contain the names and addresses of the owner or owners of such nonconforming use and of any occupant, other than the owner, the legal description or descriptions of the land, and the nature and extent of land use. After any necessary corrections have been made under a procedure prescribed by the board of county commissioners, copies of such list shall, when approved by such body, by filed for record in the offices of the recorder of deeds and of the chief clerk in the county in which the lands are situated, and shall be corrected yearly as the board of county commissioners may prescribe.

(510.15 added June 25 1937, P.L.2129, No.435)

Section 510.16. Filing.--Upon the adoption of any zoning ordinance or regulation, map or maps, the board of county commissioners may file the originals with the chief clerk and a certified copy of each in the office of the county recorder of deeds, which copies shall be accessible to the public. The recorder of deeds shall index such ordinances and regulations as nearly as possible in the same manner as he indexes instruments pertaining to the title of land.

(510.16 added June 25 1937, P.L.2129, No.435)

Section 510.17. Finances.--The board of county commissioners is empowered to appropriate out of the general county fund such moneys, otherwise unappropriated, as it may deem fit to finance the work of the county zoning commission and of the board of adjustment, and to enforce the zoning regulations and restrictions which are adopted, and to accept grants of money and service for these purposes, and other purposes, in accordance with this act, from either private or public sources, State or Federal.

(510.17 added June 25 1937, P.L.2129, No.435)

Section 510.18. Conflict with Other Laws.--Whenever any regulations made under authority of this act require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in or under any other statute, the provisions of the regulations made under authority of this act shall govern. Whenever the provisions of any other statute require a greater width or size of yards, courts or other open spaces, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by any regulations made under authority of this act, the provisions of such statute shall govern.

(510.18 added June 25 1937, P.L.2129, No.435)

Section 510.19. Act Not to Apply to Certain Buildings of Public Utility Corporations.--This act shall not apply to any existing or proposed building, or extension thereof, used or to be used by public utility corporations, if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.

(510.19 added June 25 1937, P.L.2129, No.435)

Section 510.20. Definitions.--The words "amend," "amendment," "amendments" or "amended," in this act, shall be deemed to include any modification of the text or phraseology of any provision of any zoning ordinance, or amendment thereof, or any repeal or elimination of any such provision, or part thereof, or any addition to the ordinance, or to an amendment thereof, and shall also be deemed to include any change in the number, shape, boundary or area of any district or districts, any repeal or abolition of any map forming part of, or referred to, in any zoning ordinance or any part of such map, any addition to such map, any new map or maps, or any other change in the maps or any map.

(510.20 added June 25 1937, P.L.2129, No.435)

ARTICLE VI-A

COUNTY TRANSIT AND TRAFFIC COMMISSION

(Art. added May 15, 1947, P.L.263, No.103)

Section 510.31. Creation of County Transit and Traffic Commission.--In counties of the second class there is hereby created a County Transit and Traffic Commission consisting of nine (9) persons, who shall be residents of the county, not more than four (4) of whom shall be residents of cities in the county, nor shall more than two be regular employes of any publicly financed body. Members shall be persons experienced in either engineering, commerce, finance, law, transportation or traffic matters and shall be appointed by the county commissioners; three (3) members shall be designated to serve until the first day of January, one thousand nine hundred and forty-nine (1949); three (3) until the first day of January, one thousand nine hundred and fifty-one (1951), and three (3) until the first day of January, one thousand nine hundred and fifty-three (1953). Their successors shall be appointed at the expiration of their respective terms to serve six (6) years, and all appointments to fill vacancies shall be only for the unexpired portion of the term. Five (5) members shall constitute a quorum. The commission may make rules and regulations for their own organization and procedure consistent with the resolutions of the county commissioners and the laws of the Commonwealth. Members shall serve without compensation and may employ a technical staff and such other persons as may be necessary, whose salaries and wages, and other necessary expenses of the commission, shall be provided for, in the discretion of the county commissioners, by proper appropriation and resolution.

(510.31 added May 15, 1947, P.L.263, No.103)

Section 510.32. Duties of the County Transit and Traffic Commission.--The duty of the Transit and Traffic Commission shall be to investigate transit, traffic and parking conditions in the county, including the volume and characteristics of the movement of public carriers, such as street railways, train, bus and other motor vehicles throughout the county with a view of determining advisable means for obtaining adequate rapid and safe transportation; to consider fully the coordination of existing transportation services; to investigate and study safety measures for persons and vehicles on highways, streets and thoroughfares in said county; to advise with officials of political subdivisions in the county about the transit, traffic and parking problems. All minutes, reports and recommendations made by the commission shall be a matter of public record. Periodically, but not less than once a year, the commission shall file with the county commissioners a report of its investigations. This report shall include the results of investigations made by the commission and any recommendations the commission may have to offer. The board of county commissioners shall refer any plan, proposal or resolution affecting public transportation, and the safety of the public on public transportation facilities and on highways, bridges and tunnels in the county to the County Transit and Traffic Commission for its consideration and recommendation. The Transit and Traffic Commission shall report to the county commissioners on the plan, proposal or resolution within a reasonable period of time.

(510.32 added May 15, 1947, P.L.263, No.103)

ARTICLE VII

EMINENT DOMAIN AND INJURY TO PROPERTY

Section 511. Eminent Domain; County May Enter Upon Land, Et Cetera.--In all cases where the right of eminent domain is conferred by the provisions of this act, the county may enter upon, appropriate, take, injure or destroy private lands, property or material.

Section 512. Certain Property Not to Be Taken by Eminent Domain.--The power conferred by this act shall not be exercised to enter upon, appropriate, take, injure or destroy any church property, graveyard or cemetery.

Section 513. Right of Entry On Private Or Public Property to Make Preliminary Surveys.--For the purpose of making all necessary preliminary surveys, in order to prepare plans and estimates, the board of commissioners and the persons by them employed for such purposes may enter upon private or public property, and designate by proper marks upon the ground the line of any improvement proposed to be made and constructed under and for the purposes herein authorized.

Section 514. Right of Damages.--The right to damages against counties is hereby given to all owners or tenants of lands, property or material appropriated, injured, or destroyed by the county, in cases where the right of eminent domain has been exercised; and to all owners or tenants of lands, property, or material abutting on or through which pass roads or highways, injured by the laying out, opening, widening, vacating, extending or grading of such roads or highways, or the changing of the grades or lines thereof, the construction and the vacation of bridges, piers, and abutments, and approaches therefor, and the construction of sewers over, upon or through such lands or property.

Section 515. Agreement of Damages.--The county commissioners, pursuant to a resolution duly adopted by a majority of the board, may agree with the owner as to the amount of damages occasioned to any person for property taken, injured or destroyed. Such damages shall be payable by the county, out of the general county funds, or other funds provided for that purpose.

Section 516. County to Furnish Bond When Immediate Possession is Desired; Notice.--Whenever the board of commissioners, or the board of commissioners in conjunction and acting with the corporate authorities of any city, borough, town, or township, have selected any land, property, or material to be appropriated, injured, or destroyed by the right of eminent domain, and desire immediate possession thereof, and are unable to agree with the owner or owners upon the amount of damages due them for such appropriation, injury, or destruction, or by reason of the absence or legal incapacity of such owner or owners no such agreement can be made, they shall tender a bond to the said owner or owners, or to the attorney or agent of any absent owner, or to the guardian or committee of any one under legal incapacity, in sufficient sum to secure him or them for damages, and, upon acceptance of said bond by the owner or owners of said land, property, or material, the county shall have the right to immediate possession thereof. In case the acceptance of said bond has been refused by the owner or owners, the board of commissioners, after written notice thereof has first been given to said owner or owners, his or their agent, attorney, guardian or committee, shall file the same in the court of common pleas, and, upon approval thereof by said court, the county shall have the right to immediate possession of said land, property and material.

Section 517. Writ of Habere Facias Possessionem to Issue.--If the owner, lessee or occupier shall refuse to remove his personal property therefrom, or give up possession thereof, the petitioner in the proceedings may serve written notice upon such owner, lessee, or his agent, or the occupier, to remove his personal property therefrom, and give up possession of said lands, property or materials within sixty days from the date of the service of said notice.

If the owner, lessee or occupier of said lands, property or material, shall refuse or neglect to remove his personal property therefrom, and give possession thereof, upon proof of the service of such notice being filed in the office of the prothonotary for the county in which said lands, buildings or other property is located, a writ of habere facias possessionem shall forthwith issue, directing the sheriff to give to the party entitled thereto possession as is provided for by existing laws.

Section 518. Appointment of Viewers.--In case the board of commissioners, or a majority of them, and the parties interested in the land, property or material appropriated, injured or destroyed by the county, fail to agree upon the compensation to be made for the land, property or material so taken, injured or destroyed, upon petition of such commissioners, or a majority of them, or any person or parties interested, and whose land, property or material is affected thereby, to the court of common pleas of said county, the said court shall appoint three viewers, from the county board of viewers, and appoint a time, not less than twenty nor more than thirty days thereafter, when said viewers shall meet and view the land, property or material to be so appropriated, injured or destroyed. The said viewers shall give at least ten days' notice, by publication, in one newspaper of general circulation in the county, once, and in accord with the provisions of section nine of Article one of this act, of the time and place of their first meeting, and shall also give notice thereof by handbills posted in conspicuous places in the vicinity of the said proposed public improvement. All the viewers shall act, unless prevented by sickness or other unavoidable cause, but a majority of the viewers may hear, determine, pass upon, and report all matters relating to the view for which they were appointed.

(518 amended June 9, 1931, P.L.401, No.146)

Section 519. Time of Appointment of Viewers; Costs.--The viewers provided for in the preceding section may be appointed, either before or at any time after the entry upon, taking, appropriation, or injuring of said land, property or material.

The cost of said viewers, and all court costs incurred, including all advertising and notices in connection therewith, shall be paid by the county, except that, when the right of eminent domain has been exercised by the county, acting with the corporate authorities of any city, borough, town or township, then all costs shall be borne equally by the county and city, borough, town or township.

Section 520. Petition for Appointment of Viewers to Specify Liens on Property.--In all proceedings hereafter instituted for the condemnation and appropriation of land and property by eminent domain, the petition for the appointment of viewers shall contain allegations specifying any judgments, mortgages, or other claims (hereinafter designated "liens") which are liens upon the land and property sought to be appropriated or condemned as aforesaid.

Section 521. Testimony and Evidence Concerning Liens.--Testimony shall be taken in said proceedings to ascertain the amounts of said liens, and the dates of the entry of the same, and the amounts of said liens and the dates of entry thereof shall be found as facts by the viewers in said proceedings. Certified lists of liens, from the courts of the Commonwealth, and the United States, shall be prima facie evidence of the existence, dates, amounts, dates of entry, and places of record of said liens, and, unless modified or overcome by oral or documentary evidence, shall be conclusive upon the parties thereto.

Section 522. Procedure; Rights and Liabilities Where Liens Exist.--When it appears that liens exist, which are liens upon property sought to be condemned and appropriated, a report of the facts found shall be made to the court. Such report shall be subject to exceptions, in manner to be regulated by the Supreme Court by general rule. When the court has finally determined the findings in relation to the laws, the court shall make an order directing the payment and distribution of the amount found to be payable as compensation to the parties entitled thereto, first to the owners of said liens, then to the owners of the property appropriated, as aforesaid. The parties interested shall have the right of appeal from said order of distribution to the Superior and Supreme Courts. Payment in accordance with the order of distribution, evidenced by a receipt of record in the proceedings, shall absolutely discharge the party making the payment from all liens by any person, copartnership, association, or corporation as against said property. In such receipt, and on the record thereof, any claimant may reserve the right to proceed against any other property or assets of the owner of the property condemned for any balance due upon his lien.

Section 523. Proceedings by and Before Viewers.--The said viewers, having been duly sworn or affirmed faithfully, justly, and impartially to decide, and true report to make concerning all matters and things to be submitted to them, and in relation to which they are authorized to inquire, and having viewed the premises, and examined the land, property or material to be appropriated, injured or destroyed, shall hear all parties interested, and their witnesses, and having a due regard to, and making just allowance for, the advantages which may have resulted, or which may seem likely to result to the owner or owners of said lands or materials in consequence of the proposed improvement, shall estimate, determine and assess the damages for the land, property or material taken, injured or destroyed, and to whom the same is payable, and the benefits, if any, in connection therewith. Having so estimated, determined and assessed the damages and benefits, they shall prepare a schedule thereof, and give notice to all parties to whom damages are allowed, or against whom benefits are assessed, of a time, not less than ten days thereafter, and of a place where said viewers shall meet and exhibit said schedule and hear all exceptions thereto and evidence.

Section 524. Notice of Meeting.--Notice of the time and place of said meeting shall be given, in the manner provided by law for the service of summons in a personal action, upon all parties allowed damages, and against whom benefits have been assessed, as shown by said schedule, if the said parties can be found in the county, or upon an adult person, if any, residing upon the property affected, in case the owner or reputed owner cannot be found, and to all others by publication in the newspaper or newspapers in which the first notices of said view were published. When no service is made upon the owner, reputed owner, or upon an adult person residing upon the property affected, said notice, where publication thereof has also been made, shall be deemed to have been properly served if tacked or conspicuously posted on the premises. The court may provide by whom the notice provided by this act shall be posted, given and served, and fix the compensation for said service.

Section 525. Plans of Properties Condemned to Be Furnished to Viewers.--In all proceedings to assess damages for the taking, injury or destruction of private property for public use, the county taking, injuring or destroying property for said purpose shall furnish the board of viewers with a correct plan of all properties affected, showing all buildings or other structures thereon their width, length, elevation and cubical contents, names of all owners, tenants, or occupiers thereof, the topography of the land, and the grades and widths of all highways running through or abutting on said properties, and all other data necessary for a proper determination of the amount of damages caused by the taking, injury, or destruction of said private property.

Said plans shall be prepared and ready for the use of the viewers at their first meeting, and copies thereof shall be furnished to all owners, tenants, and occupiers of the property, and all other parties affected thereby, without charge.

Section 526. Report to Court.--After making whatever changes are deemed necessary, the said viewers shall make report to the court, showing the damages allowed and benefits assessed in each case, and file therewith a plan showing the improvement and the land, properties and materials taken, injured or destroyed. When said report is filed, notice thereof shall be given, by publication once in the newspaper or newspapers in which first notices of said view were published. Said notice shall state the date of filing of the report, and shall contain a schedule of the damages and benefits shown therein, and shall further state that unless exceptions thereto are filed within thirty days from the date of filing, the said report will be confirmed absolutely.

Section 527. Certain Testimony Authorized.--In all proceedings arising from the exercise of the right of eminent domain, it shall be competent for all witnesses called, when duly qualified:

(a) To state in detail and costs all the elements of the property before the exercise of the right of eminent domain, and as unaffected by it, and its market value immediately after the exercise of the right of eminent domain and as affected thereby.

(b) To state in detail and costs all of the elements of benefit or damage which they have taken into consideration in arriving at their opinion.

(c) In arriving at their opinion as to the market value immediately after the exercise of the right of eminent domain, to add to their opinion of the market value before such exercise the cost or value of all the elements of benefit or advantage, and to deduct therefrom all disadvantages or damage, in order to arrive at the market value after such exercise of the right of eminent domain and as affected thereby.

(d) In all proceedings to assess damages or benefits for the opening of any road or highway, to take into consideration, as one of the elements of advantage or disadvantage, the cost of highway improvements.

Section 528. Value of Property.--In all claims for damages against a county, arising from the exercise of the right of eminent domain, it shall be competent for the party or parties claiming damages to offer in evidence the value of the property affected as assessed for the purpose of taxation.

Section 529. Unlawful Assessments.--In all cases of appropriation of land for public use, other than for roads or highways, it shall be unlawful to assess any portion of the damage done to, or value of, the land so appropriated, against the other property adjoining, or in the vicinity of the land so appropriated.

Section 530. Vacation of Road When no Property is Taken.--Whenever viewers are appointed to vacate any road or highway, and the vacation of the same takes no land from the owner abutting thereon, if in the opinion of the viewers such vacation damages the property of the abutting owner, they may award damages to such owner as though land has been actually taken.

Section 531. Procedure When Building is on Line of Proposed Road.--Whenever in locating, relocating, opening, widening, straightening or extending any road or highway, or parts thereof, the same shall be found to pass through, take or injure buildings, barns or other valuable improvements thereon, the said viewers, or a majority of them, shall have the right to recommend that such buildings and improvements, situate in part or in whole on the road or highway so to be improved, opened, widened, straightened, or extended, shall be permitted to remain thereon for such time as shall be deemed wise and proper, and, if the court shall approve the finding and report of said viewers or a majority of them, the owner or owners of such buildings or improvements may continue to use and enjoy the same during the time by such viewers and the court fixed and determined. But in case of the destruction, vacation or abandonment of any such building, within the time they are so authorized to remain, such owners or owner shall not have the right to re-erect and reconstruct or retake such buildings or improvements within the line of such road or highway.

Section 532. Time Limit for Report of Viewers.--Viewers appointed to assess the damages and benefits due to the appropriation, injury or destruction of land, property and materials, shall make their reports within a time which the court shall fix when so appointing them. If the viewers so appointed shall, for any reason appearing sufficient to the court, be unable to file their report within the period so fixed, the court may, either before or after the expiration of the time fixed, extend the time for the filing of such report.

Section 533. Exceptions to Report.--Upon the report of said viewers, or any two of them, being filed in said court, any party interested may, within thirty days thereafter, file exceptions to the same, and the court shall have power to confirm said report, or to modify, change or otherwise correct the same, or refer the same back to the same or new viewers with like power as to their report. When said report is first filed in court, the prothonotary thereof shall mark the same "confirmed nisi," and, in case no exceptions are filed thereto within said thirty days, he shall enter a decree (as of course) that said report is confirmed absolutely. Within thirty days after the confirmation, modification, changing or correcting of said report, any interested party may appeal from said decree to the Superior Court, or to the Supreme Court, as the case may be.

Section 534. Demand for Jury Trial.--Within thirty days after said report is filed in court as aforesaid, such county, and any party whose property is taken, injured or destroyed, may appeal to the court of common pleas, and demand a trial by jury according to the course of the common law. The court of common pleas shall, within thirty days, order what notices shall be given in connection with any part of said proceedings, and make all such orders as it may deem requisite, and may, by rule or otherwise, prescribe the form of the pleadings. After verdict and final judgment, either party may have an appeal to the Superior Court or Supreme Court as in other cases.

Section 535. Payment of Damages and Costs; Interest on Awards.--All damages agreed upon or awarded and all costs and expenses incurred shall be paid by the county, except in cases where an appeal is taken by any party in interest from the award of the viewers and the appellant does not recover any greater amount than the viewers award, in which case the appellant shall pay all costs of such appeal.

The amount of damages allowed in a report of viewers, for the taking, injury or destruction of property by the exercise of the right of eminent domain, shall, as finally confirmed, bear interest at the rate of six per centum per annum from the date of the filing of the report.

(535 amended June 9, 1931, P.L.401, No.146)

Section 536. Collection of Awards.--Upon the final confirmation of the report of the viewers, the party or parties to whom an award has been made shall have the right to take such further appropriate legal proceedings as may be necessary and proper to enforce payment of said confirmed award, either in nature of a writ of mandamus, execution or otherwise.

Section 537. Title to Vest Upon Payment of Award.--Upon payment of the compensation for land or property in accordance with the order of distribution, title to such land or property shall vest in the county, in accordance with provisions of the law under which the appropriation is made, and all claims for compensation shall be deemed paid and satisfied.

Section 538. Money to Be Paid Into Court in Case of Adverse Claims.--If any person or persons shall claim adversely to each other any estate or interest in the land, property or materials selected by the board of commissioners to be appropriated, injured or destroyed for the purposes mentioned in this act, and the viewers shall not be able to determine who are the owner or owners of said land, property or materials, or the value of their estates and interests therein, they shall so report, valuing the land, property or materials as a whole, and, upon the confirmation by the court of the report of said viewers, if no appeal shall be taken therefrom, the commissioners of the county shall pay into the court the whole of the said valuation money, and thereupon the title to the land, property or material, and the estates and interests of all the owners thereof, shall become vested in fee in the county acquiring and taking said land, property or materials. The court of common pleas shall, by rule, process or motion, require all said claimants to appear therein, and may, by an issue framed between them to be tried by a jury or by a reference to a master, or by such orders and decisions as shall appear to be just under all the circumstances of the case, determine the estates and interests of said claimants in said valuation money. Upon the final determination of such proceeding, the court shall direct said valuation money to be paid to the person or persons ascertained to be entitled thereto.

Section 539. Appeals by Adverse Claimants.--In case any of said claimants shall appeal from the award of said viewers, the county commissioners may, upon filing in the court and having approved thereby a bond in double amount of said award, to the said owners and claimants, for the benefit of the persons owning said land, property or materials, with at least two sufficient sureties, conditioned for the payment by the county of such an amount as the owner or owners shall be entitled to receive for said ground when the same shall have been finally ascertained by due course of law, lawfully enter upon and take possession of said land, property or materials. The said court shall thereupon proceed to determine the estates and interests of said claimants in said land, property or material, as is hereinbefore provided, when the valuation money is paid into court. Said proceeding shall be finally determined before the issue framed upon the said appeal shall be tried, and, if it be determined that the party appellant has no estate or interest in said land, property or materials, his appeal shall be disallowed.

Section 540. Payment Into Court When Award Is Refused or When Parties Cannot Be Found.--Any amount of money awarded as herein provided, if refused by the person or persons entitled thereto, or if the person or persons entitled thereto cannot be found, shall be paid into court, and thereafter all such persons shall look to said fund for all damages accruing by reason of the appropriation, injury or destruction of such land, property or material.

Section 541. Notice to Vacate; Ejectment.--In case any land or property, selected by the board of commissioners, or by the board of commissioners in conjunction and acting with the corporate authorities of any city, borough, town or township, to be appropriated, injured or destroyed, and said land or property has improvements thereon in the actual occupancy of any person or persons, and such person or persons has had his, her or their damages assessed and paid, thirty days' notice to vacate the same shall be given to the party or parties so in actual possession. In case of refusal or neglect on the part of any one to obey said notice, the board of commissioners may, at the expiration of said thirty days, enter upon and eject, or cause to be ejected, any of the parties so refusing or neglecting to vacate, and use force enough, by themselves, agents or employes, to accomplish the same.

Section 542. Appropriations of Right of Way or Easement.--In any action brought to ascertain or recover damages caused to any owner of lands by reason of the appropriation of a right of way or easement in such lands by any county, where such owner of lands and such county cannot agree upon the amount of damages payable to such owner, the parties may, by agreement, waive the right to have such damages assessed by viewers. Such owner may thereupon file his statement and claim in the court of common pleas, and rule the defendant to plead thereto within fifteen days from notice of such rule duly served upon said county, and the said suit shall be proceeded with the same as if an award of viewers had been filed and an appeal had been taken therefrom.

Either party to such action shall have the right during the trial to demand and have the jury which may be selected to try said cause visit and view the premises over or through which the right of way or easement extends before rendering a verdict in such case.

Section 543. Discontinuance of Proceedings by County.--In case the county shall discontinue any proceedings taken providing for the appropriation, injury or destruction of any land, property or materials, prior to the entry upon, taking or appropriation thereof, and before judgment therein, the said county shall not thereafter be liable to pay any damages which have been or might have been allowed, but all costs upon any such proceedings had thereon shall be paid by the county, together with any actual damages, loss or injury sustained by reason of such proceeding, and the amount of the same may be determined and fixed by the court in which such proceeding was pending.

ARTICLE VIII

GROUNDS AND BUILDINGS

(a) GENERAL PROVISIONS

Section 551. Title to Real Estate Vested in County.--The title to all court houses, jails, prisons and workhouses, together with the lots of land thereunto belonging or appertaining, and all other real property, acquired or that may hereafter be acquired by or for the use of the county, shall be and they are hereby vested in the county, for the use of the people thereof and for no other use, except such as may be authorized in accordance with the provisions of sections six hundred and seventy-five and six hundred and seventy-six hereof.

(551 amended Apr. 21, 1937, P.L.328, No.92)

Section 552. Buildings to be Kept in Order and Repair.--The board of commissioners shall keep and maintain the public buildings of the county in suitable and convenient order and repair, and may, when necessary, having first obtained the approval of the grand jury and of the court of quarter sessions of the county, alter, add to or enlarge the same.

Section 553. Temporary Court House.--Whenever the court house or place appointed by law for holding any of the courts shall be unsafe, shall have been destroyed, or is under repairs, the board of commissioners shall procure some other convenient place at the county seat, to be approved by the court, for holding such courts.

Section 554. Separate Rooms for Women Jurors.--The board of commissioners shall provide and maintain a separate room or rooms, at or adjoining the court house, upon order of the court, for the comfort, accommodation and convenience of women jurors, and such rooms shall be provided with suitable furniture for the use of women jurors who may be serving upon juries unable to bring in verdicts upon the day in which the ease was placed in their hands. These rooms shall also be equipped with mirrors, toilets, beds, and other conveniences necessary to provide for the safety, comfort and convenience of the occupants thereof.

Section 555. Room or Building for Juvenile Offenders Waiting Trial.--The board of commissioners shall provide, furnish and heat, within the county, a separate room or rooms, or a suitable building, to be used exclusively for the confinement of any and all children under the age of sixteen years, who may be in custody awaiting trial or hearing in the courts of the county, and provide for the maintenance and care of such children while in custody.

Section 556. Rooms for Judges.--The county commissioners of the several counties of this Commonwealth shall furnish an office for each of the judges of the Supreme Court, the judges of the Superior Court, of the court of common pleas and orphans' courts, and the County Court of Allegheny County, in the court house at the county-seat of the county in which such justices or judges respectively may be resident, and wherein the business of the courts may be largely transacted, and, in case no such office is available in the court house, they shall, at the proper cost of the respective counties, furnish an office in such building as may be selected by the respective justices or judges and county commissioners.

Said counties shall likewise furnish and pay for such janitor service, stationery, telephone, telegraph, clerical and other services, as shall be deemed necessary by such public officers for the discharge of the duties of their offices, the compensation for any clerical services not to exceed that ordinarily paid to an official court stenographer of a county as shall be determined by the salary board or by order of the court under existing laws.

(556 amended June 9, 1931, P.L.401, No.146)

Section 556.1. Offices for District Attorneys in Counties of the Fifth, Sixth, Seventh and Eighth Class.--The county commissioners, in all counties of the fifth, sixth, seventh and eighth class of this Commonwealth, shall provide an office for the district attorney and his assistants, if any, in the court house at the county seat, and in case no such office is available in the court house, they shall, at the cost of the county, provide an office in a suitable and conveniently located building at the county seat, or elsewhere within the county, to be selected by them, and shall, at the cost of the county, furnish the office furniture, telephone, blank books, blanks, dockets, supplies, postage and stationery, required for the use of the district attorney and his assistants, if any, and all needed fuel and light.

(556.1 added June 9, 1931, P.L.401, No.146)

Section 557. Disorderly Conduct in and About Court Houses and Jails Prohibited.--It shall be unlawful for any person to cause any outcry or disorder, or be guilty of any indecent or unbecoming conduct tending to disturb the peace and good order which should prevail in the county court house, jail, or other county buildings, or to wilfully or carelessly defile, deface or injure the floors, walls, or any other portion of said buildings, or fences, or railings surrounding the same, or the carpets, furniture, or other articles or things used in or about said buildings, belonging to the county. Any person violating any of the provisions of this section, shall, upon summary conviction thereof, be sentenced to pay a fine not exceeding ten dollars. In case such person shall neglect or refuse to pay the same, he or she shall suffer an imprisonment not exceeding thirty days.

Section 558. Watchmen and Employes.--The board of commissioners may appoint one or more officers or watchmen to guard and protect the county buildings and to enforce the provisions of this act relating thereto. Such officers or watchmen shall have power to arrest on view any person violating the same.

The board of commissioners shall employ all janitors, firemen, engineers, mechanics, laborers, and caretakers of all county buildings and grounds. Such watchmen and employes shall be paid such compensation as shall be fixed by the salary board, or by the commissioners in counties where there is no salary board.

Section 559. Display of Municipal Flags on County Buildings Authorized.--It shall be lawful to display the flag of any county, city, borough or other municipality in the State on the public buildings of any county.

Section 560. Furnishing Rooms for Meetings of Veterans of Certain Wars and of Sons of Veterans.--The board of commissioners may, in their discretion, upon application therefor, furnish to each organization composed of veterans of the Civil War, veterans of the Spanish-American War, veterans of the War with Germany and Austria, veterans of any foreign war, and sons of veterans, a room or rooms in any public building of such county, sufficient for the meeting of each of such organizations at least once each month.

Section 561. Plans of Buildings to be Submitted to Court; Letting of Contract; Notice; Approval.--Whenever the board of-commissioners are authorized and required to erect a court house, jail or other county building, they shall submit the plans and specifications adopted by them to the judges of the court of common pleas for their approval, and, when it is obtained, they shall let the work by contract to the lowest and best bidder, after three weeks' public notice in two news-papers published in the county, which contract or contracts shall be made subject to the approval of the said judges.

Section 562. List of Quantities of Materials Required for Buildings.--(562 repealed June 9, 1931, P.L.401, No.146)

Section 563. Separate Specifications and Contracts for Certain Items.--In the preparation of specifications for the erection, construction and alteration of any public building, when the entire cost of such work shall exceed one thousand dollars, the architect, engineer or other person preparing such specifications shall prepare separate specifications for the plumbing, heating, ventilating and electrical work, and the board of commissioners shall receive separate bids upon each of the said branches of work and award the contract for the same to the lowest responsible bidder for each of said branches.

Section 564. Additional Bond to Protect Labor and Materialmen on Contracts.--It shall be the duty of every county to require any person, co-partnership, association, or corporation, entering into contract with such county for the construction, erection, installation, completion, alteration, repair of, or addition to, any public work or improvement of any kind whatsoever, where the amount of such contract is in excess of five hundred dollars ($500), before commencing work under such contract, to execute and deliver to such county, in addition to any other bond which may now or hereafter be required by law to be given in connection with such contract, an additional bond, for the use of any and every person, co-partnership, association, or corporation interested, in a sum not less than fifty per centum (50%) and not more than one hundred per centum (100%) of the contract price, as such county may prescribe, having as surety thereon one or more surety companies legally authorized to do business in this Commonwealth, conditioned for the prompt payment for all material furnished and labor supplied or performed in the prosecution of the work, whether or not the said material or labor enter into and become component parts of the work or improvement contemplated. Such additional bond shall be deposited with and held by the county for the use of any party interested therein. Every such additional bond and shall provide that every person, co-partnership, association, or corporation, who, whether as subcontractor or otherwise, has furnished material or supplied or performed labor in the prosecution of the work as above provided, and who has not been paid therefor, may sue in assumpsit on said additional bond, in the name of the county, for his, their, or its use, and prosecute the same to final judgment for such sum or sums as may be justly due him, them, or it, and have execution thereon: Provided, however, That the county shall not be liable for the payment of any costs or expense of any suit.

(564 amended June 9, 1931, P.L.401, No.146)

Section 565. Compliance with Workingmen's Compensation Law.--All contracts executed by the board of commissioners, which shall involve the construction or doing of any work involving the employment of labor, shall contain a provision that the contractor shall accept, in so far as the work covered by any such contract is concerned, the provisions of the Workingmen's Compensation Act of one thousand nine hundred and fifteen, and any supplements or amendments thereto, and that the said contractor will insure his liability thereunder, or file with the board of commissioners a certificate of exemption from insurance from the Bureau of Workingmen's Compensation of the Department of Labor and Industry. The board of commissioners, before signing on behalf of the county any contract requiring in its performance the employment of labor, shall require proof that the said contractor, with whom the contract is made, shall have accepted the Workingmen's Compensation Act of one thousand nine hundred and fifteen, and any supplements or amendments thereto, and proof that the said contractor has insured his liability thereunder in accordance with the terms of said act, or that the contractor has had issued to him a certificate of exemption from insurance from the Bureau of Workmen's Compensation of the Department of Labor and Industry. Any contract executed in violation of the provisions of this and the preceding section shall be null and void.

Section 565.1. Restrictions on Letting Contracts to Architects and Engineers.--It shall be unlawful for any architect or engineer, in the employ of any county and engaged in the preparation of plans, specifications, or estimates, or for any officer or employe of the county, directly or indirectly, to bid on any public work at any letting of such work by such county.

It shall also be unlawful for the officers of any county charged with the duty of letting any public work to award a contract to any such architect or engineer in the employ of the county.

It shall not be lawful for any architect or engineer, in the employ of any county, to be in any wise interested in any contract for public work, nor receive any remuneration or guaranty from any person interested in such contract.

Any person or persons violating these provisions, or either of them, shall forfeit his office, and shall be guilty of a misdemeanor, and, on conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars, or to undergo imprisonment of not less than six months, or both, in the discretion of the court.

(565.1 added June 9, 1931, P.L.401, No.146)

(b) COURT HOUSES, JAILS AND WORKHOUSES

Section 566. Purchase of Ground and Erection of Buildings for Certain Purposes.--When it appears to the county commissioners that the necessities of the county require ground, at the county seat, for the purpose of the erection or extension of such building or buildings as may be necessary for the accommodation of the courts, and of the several officers of the county, and for the reception and safe-keeping of the records and other papers in charge of such officers, and also ground at or near the county seat for the purpose of the erection or extension of such other building or buildings as may be necessary and proper for the purposes of a county jail or workhouse, or any or either of them, they may purchase ground for such purposes, and cause to be erected thereon the necessary buildings for which said ground was purchased, subject to the approval of the court of quarter sessions.

In case the ground so selected by the commissioners for any of such purposes cannot be obtained, by agreement with the owner or owners, at a price reasonable in the estimation of said commissioners, or by reason of the absence or legal incapacity of any such owner or owners no such price or value can be agreed upon, the board of commissioners shall proceed to acquire the same by the right of eminent domain, and the proceedings for the ascertainment of damages for such property, land or materials taken, injured or destroyed shall be in the manner and subject to the restrictions and procedure provided in this act.

Section 567. Jails to Be Constructed so as to Permit Separate Confinement of Inmates.--Every county prison which shall be hereafter erected shall be so constructed that every person committed thereto, whether upon conviction or otherwise, may be confined separate and apart from every other person committed thereto, due regard being had in the plan of construction to the health of the persons to be so confined.

Section 568. Power to Provide Workhouses.--It shall be lawful for the county commissioners of any county of this Commonwealth, whenever having first obtained approval of two consecutive grand juries and of the court of quarter sessions of such county, to establish a workhouse.

Any workhouse erected under the provisions of this section shall be under the control of the county commissioners of the county wherein the same may be erected, and said commissioners are hereby empowered to make such by-laws, rules and regulations, not inconsistent with the Constitution or laws of the United States, or of this Commonwealth, as they may deem necessary and proper for the public welfare and the best interests of the institution and its inmates.

Said commissioners are authorized to use any suitable lands already held for county purposes, or to purchase any quantity of lands within their respective counties, not exceeding five hundred acres, either with or without buildings thereon erected, and to repair or erect such buildings, and make such improvements thereon as they may deem necessary and convenient for a workhouse, the title for said property in case of a purchase to be made to the proper county.

When the accommodations necessary for carrying out the intentions of this act shall have been provided in any county, as aforesaid, a superintendent and matron, and such other officers as may be deemed necessary, shall be appointed by said commissioners, whose duties shall be prescribed by the regulations for such workhouse, and whose salaries shall be fixed by the salary board. The superintendent, matron, and such other officers so appointed, shall hold their offices respectively during the pleasure of said commissioners.

Commitments to such workhouse shall be made by the courts as may be provided by law.

(568 amended May 11, 1949, P.L.1127, No.337)

Section 569. Right to Build on Public Squares.--Whenever the court house, jail or other building is located upon a public square or common in the city, borough or town then being the county seat, and a new building is authorized and required to be erected, in place of such court house, jail or other building, the board of county commissioners may erect such new building upon any other of the public squares or commons of said city, borough or town, or upon any part thereof: Provided, That the council of the city, borough or town shall have first consented to such new location for said building.

Section 570. Erection of Jails in Counties of the Fourth Class; Disposal of Old Buildings.--Whenever, in any county of the fourth class, the county jail, prison or workhouse of such county is located in or upon a public park, square or commons in the borough, town or city, then being the county seat of such county, and a new building or buildings are authorized and required to be erected in place of such county jail, prison or workhouse, the commissioners may erect such new building or buildings, upon a site within said county, and, if need be, may purchase ground for the erection of such building or buildings, not exceeding five hundred acres. Upon the completion of such new building or buildings, the commissioners may dispose of such jail, prison or workhouse, building or buildings, together with all the right, title or interest of such county in and to the real estate upon which said building or buildings are situated, for any public purpose, including a war memorial, either by sale or by gift, or they may remove said building or buildings from said public park, square or commons, or to retain said building or buildings and the real estate upon which they are situated as a house of detention or accessory to the county prison.

STREET LIGHTING

Section 575. Joining With City in Improving Certain Streets and Highways.--The board of commissioners of counties, now erecting or which may hereafter erect public buildings in any city, may, with the approval of the court of common pleas, or, if there be more than one of such courts, then with the approval of all the courts of common pleas of such county, join with the proper authorities of such city in the grading, re-grading, paving, re-paving, and improvement of so much of the streets and highways as are in, upon or alongside of the grounds upon which said public buildings stand. Said commissioners may enter into contract with any such city authorities for the payment of a just proportion of the expense of said grading, re-grading, paving, re-paving and improvement of said streets and highways, and may appropriate from the county treasury sufficient funds for this purpose. Said board of commissioners may act with any committee or committees which may be appointed by such city authorities to establish grades, determine the kind and quality of paving materials to be used, and ratify the contracts entered into by said city authorities in the course of said improvements. No obligation shall rest upon the county for any proportion of the expenses of such improvements, until the selection of grades and paving materials, and the acceptance of bids by said city authorities, shall have been ratified by said board of commissioners, and approved by the court or courts of common pleas.

Section 576. Ornamental Illumination.--Whenever the court house, jail, workhouse, or other public building of a county abuts upon the street of a city or borough which is the county seat, and which shall provide for the ornamental illumination of that section of the street whereon such county building abuts, it shall be lawful for the county commissioners of such county to appropriate moneys from the county funds towards the installation of such ornamental illumination.

The appropriation by the county commissioners of a county for such purpose shall not exceed the amount that shall be assessed for such ornamental illumination upon owners of an equivalent frontage of property abutting upon said street measured by the foot front rule.

(d) COMFORT STATIONS

Section 580. Appropriations for Comfort Stations.--The board of county commissioners may appropriate moneys to assist any city or borough, being the county seat, or any city or borough therein having a population of ten thousand or more inhabitants, to construct and maintain comfort stations within the boundaries of the county.

The county commissioners, in cooperation with the municipal authorities of the municipality wherein the court house lies, may provide, and equip and maintain in the court house rest or waiting-rooms for females, and provide female attendants therefor. One-half of the cost of providing such rooms and of maintaining the same, including salaries, and all incidental expenses, shall be paid by the county, and the other half by the municipality; for all which purposes the county commissioners and said authorities may, respectively, appropriate moneys.

Any part of any ground heretofore or hereafter so selected and acquired by any county for the purposes of a court house, jail or workhouse may be leased by such county to any municipality being the county seat of such county, for the purpose of the construction thereon of a public comfort station by such municipality.

(580 amended June 4, 1937, P.L.1622, No.333)

Section 581. Parks and Comfort Houses in Counties of the Second Class.--The board of commissioners of counties of the second class may purchase land to be used for park purposes, or for the erection thereon of public comfort houses. The land purchased for such purposes shall lie within the limits of such county, and shall be contiguous to or in the vicinity of a county road, and shall be outside the corporate limits of any city or borough. The amount that may be expended for such purposes shall not exceed the sum of twenty-five thousand dollars in any one year, nor the sum of five thousand dollars for any single park, or any single comfort house. The board of commissioners shall agree with the owner or owners of the land selected upon a reasonable price to be paid therefor. The county may erect and maintain on the land such buildings as are necessary to fulfill the purpose for which the land was acquired.

The board of commissioners in second class counties may adopt reasonable rules and regulations necessary for preservation, management and control of parks and public comfort houses so established and maintained, and provide penalties for the breach thereof. All rules adopted by the board of commissioners shall, before becoming operative, be published once a week for three consecutive weeks, in three newspapers of general circulation in the county, and shall be recorded in the office of the recorder of deeds in such county. Any person violating any rules so adopted shall, upon summary conviction, be sentenced to pay a fine of not less than five dollars, nor more than twenty-five dollars, which shall be payable to the county treasurer, who shall add the fine to the fund for the improvement of county roads.

(e) MONUMENTS AND MEMORIALS

Section 590. Monuments and Memorials to War Veterans.--The board of commissioners may appropriate money for, and provide for, the erection of monuments or memorials, commemorating the services of any person who has served in the armed forces of the United States, or in any women's organization officially connected therewith, during any part of the war in which the United States is now engaged, or in any war in which the United States has been or may hereafter be engaged. The style and character of such monuments or memorials shall be approved by the State Art Commission.

(590 amended May 18, 1945, P.L.806, No.321)

Section 591. Assistance to Private or Municipal Agencies.--The board of commissioners may, in order to prevent duplication, appropriate money to assist any individual, private corporation, city, borough, town or township, in the erection of any monument or memorial for said soldiers, sailors and marines. Before any such appropriation is made, the style and character of such monument or memorial shall be approved by the State Art Commission.

Section 592. Erection or Completion of Monuments and Memorials on Petition to Court.--Upon the petition of at least fifty citizens of the county, to the court of quarter sessions, for the erection or completion and maintenance of a memorial, monument, or memorial hall in honor of the soldiers, sailors or marines of such county who served in any war in which the United States has been or may hereafter be engaged, the court shall lay the same before the grand jury, and, if approved by two successive grand juries, and the court, the board of commissioners may erect or complete any monument now partly erected but not completed, and maintain at the county seat a suitable monument or memorial in honor of said soldiers, sailors and marines.

Section 593. Election on Memorial Hall; Purchase or Condemnation of Site.--When the petition provided for in the preceding section has been approved by two successive grand juries and the court of quarter sessions, the board of commissioners shall submit the question of the erection of a memorial hall to the electors of the county, at the next election, and, if a majority of the votes cast on the question of the erection of a memorial hall shall be in favor of the same, the board of commissioners shall erect, at the county seat, a memorial hall, and acquire, by purchase, donation, or by condemnation, under the right of eminent domain, the necessary site, and erect and maintain thereon a suitable and proper memorial hall or building, in memory of the soldiers, sailors and marines of any such wars. In case said election shall result adversely, and a second petition shall be presented, the same shall be laid before two successive grand juries, and, if approved then, it shall be the duty of the county commissioners to again in like manner submit the question to vote, at the next general or municipal election, and, if the result shall be favorable, then it shall be the duty of the county commissioners to erect such hall, at such place in the county as shall have been designated upon the ballot in the question submitted to the electors. All proceedings for the condemnation of any property under the provisions of this section shall be in the manner and subject to the restrictions and procedure provided in article seven of this act.

Section 594. Existing Building May Be Used.--If the site so secured has a hall or building already erected thereon, which can be altered and improved so as to be made suitable for such memorial hall, the board of commissioners may acquire such site, in manner aforesaid, for the purpose of a memorial hall.

Section 595. Donations.--For the purpose of aiding in paying the purchase money and price for the site, and erection and construction of such memorial hall, voluntary donations and contributions may be accepted by the board of commissioners from individuals, associations and organizations.

Section 596. Maintenance of Hall.--Such memorial hall shall be and remain the property of and shall be maintained at the expense of the county.

Section 597. Plan of Hall; Special Rooms to Be Provided.--Such memorial hall shall be in honor of the soldiers, sailors and marines from said county, who served in the Army and Navy of the United States in any war in which the United States has been or may hereafter be engaged. Such memorial halls shall each contain one large assembly room, or auditorium for public meetings of the soldiers, sailors and marines of such county, which may be used also for other public meetings, and patriotic gatherings, by the consent of the board of control herein provided for. Such memorial hall shall also contain rooms for meetings of posts of the Grand Army of the Republic, encampments of the Union Veteran Legion, commanderies of the Loyal Legion, camps of the Sons of Veterans, Women's Relief Corps, Ladies of the Grand Army of the Republic, chapters of the Daughters of the Revolution, organizations of the Spanish-American War and Philippine Insurrection, the American Legion, Veterans of Foreign Wars, and organizations of veterans of all other wars in which the United States has or may be engaged, and also rooms for such committees of public defense and welfare as may be created by the State, or as may be approved by the board of control hereinafter provided for. Such memorial halls shall also provide room for the display and preservation of relics and trophies of all wars in which the United States has been or may be engaged, photographs, paintings and portraits, busts and statues of the soldiers, sailors and marines of the said counties, and mural tablets upon which shall be inscribed the names of such soldiers, sailors and marines. Such memorial halls shall also contain waiting and rest rooms with lavatories attached.

Section 598. Historical Society Room to Be Made Fireproof.--The room for the county historical society shall be made as nearly fireproof as possible, and be provided with the proper files and furnishing for preservation and storing of all historical data of the said county with reference to any and all subjects.

Section 599. Board of Control.--A board of control is hereby created, which shall have charge of all matters relating to such memorial hall and shall have the care thereof. The board shall be composed of three members chosen by members of the Grand Army of the Republic, three members chosen by members of camps of Spanish-American War Veterans, three members to be chosen by members of the Veterans of Foreign Wars, and three members to be chosen by members of the American Legion. The judges of the court of common pleas and the board of commissioners shall be ex officio members of the board of control. The selected members of the board shall serve one year, when their successors shall be selected. Vacancies occurring shall be filled by the board for the unexpired term of the member whose death, resignation or removal caused the vacancy.

Section 600. Flagstaff to Be Erected; Display of Flag.--A suitable flagstaff shall be erected upon said memorial hall, from which shall be displayed the flag of the United States from sunrise to sunset on each and every day of the year.

Section 601. Purchase or Condemnation of Additional Land; Equipment, Furnishing and Decorating.--In any county in which there has been or may hereafter be erected a memorial hall in honor of the soldiers, sailors or marines from such county, who served in any war in which the United States has been or may be hereafter engaged, upon petition of at least fifty (50) citizens to the court of quarter sessions, setting forth that it is necessary or desirable to acquire additional land adjoining that upon which said memorial hall is erected, to enhance and preserve the beauty and character of said memorial hall, and the object had in its erection, or that it is necessary or desirable to equip, furnish and decorate said memorial hall, or both, the court shall lay said petition before the grand jury then or next sitting for their approval. If said petition shall be approved by said grand jury, it shall be certified back to the court. If no exceptions thereto are filed within ten (10) days from the date upon which said petition was certified back to the court, or if exceptions are filed and are dismissed, the court shall confirm said petition absolutely, and thereupon the court may make an order authorizing the board of commissioners to acquire, by purchase or condemnation, such additional land, or to equip, furnish, and decorate said memorial hall, or both. The cost to said county of acquiring such additional land shall not exceed a sum equal to one-fourth (1/4) of the total cost of said memorial hall, and the land upon which said memorial hall has been erected, and the cost to said county of equipping, furnishing and decorating said memorial hall shall not exceed a sum equal to one-twelfth (1/12) of the total cost of said memorial hall and the land upon which said memorial hall has been erected.

Section 602. Tax Levy; Increase of Indebtedness.--The board of commissioners may provide the funds with which to pay for the ground purchased or condemned, and the erection thereon of a memorial hall, or the acquiring of additional land, or for the equipping, furnishing and decorating of said memorial hall, by the levying and collecting of a tax upon the taxable persons and property within said county, and by in-creasing the indebtedness of said county according to law and by issuing and selling bonds. Such bonds shall be payable in not more than ten (10) years from their date, and shall be in such form, upon such terms, and in such denominations as the said commissioners may deem best.

Section 603. Preservation, Maintenance, Repair and Completion of Public Monuments.--The board of commissioners may preserve, maintain and repair any public monument in the county, other than in cemeteries, including the enclosed public ground surrounding the monument, and appropriate moneys for such purposes. In any case where any public monument referred to in this section has been partially completed, either in construction or payment, the board of commissioners may appropriate money for the purpose of such completion.

(603 amended May 21, 1943, P.L.563, No.248)

(f) PUBLIC AUDITORIUMS, PUBLIC LIBRARIES, PUBLIC

MEMORIAL BUILDINGS AND MONUMENTS

Section 605. Acquiring of Property.--Counties shall have power to take, purchase or acquire, through condemnation proceedings, property for the purpose of erecting thereon public auditoriums, public libraries, public memorial buildings and monuments.

All proceedings for the condemnation of any property, under the provisions of this section, shall be in the manner and subject to the restrictions and procedure provided in article seven of this act.

Section 606. Appropriation of Money.--Counties, by order of the commissioners thereof, shall have power to appropriate money from the public funds, or by issuance of bonds, according to existing law governing the issuance of such bonds, for the erection on said property taken, purchased or acquired through condemnation proceedings, public auditoriums, public libraries, public memorial buildings and monuments. Counties shall also have power to appropriate moneys for the operation and maintenance of such public auditoriums, public libraries, memorial buildings and monuments.

Section 607. Rental of Auditoriums.--Counties, in case of public auditoriums, may, by order of the commissioners thereof, charge a rental for the use of said auditoriums. All moneys derived from rental of said auditoriums shall first be devoted to the maintenance of said auditorium, and any annual balance accruing therefrom shall be turned over to the county funds for the general uses and purposes of said county.

Section 608. Consent of City or Borough.--No county shall acquire any property for, or erect any such public auditorium, library, memorial building or monument within the limits of, any city or borough, without the consent of the corporate authorities of such city or borough.

(g) HOMES AND HOSPITALS

Section 611. Donations to Orphans' or Children's Home.--The board of commissioners may receive from time to time, donations, gifts, legacies, endowments, devises, and conveyance or conveyances, or property, real or personal, that may be given or granted for the use and purpose of providing a home within the county for the keeping and care of indigent orphans and children dependent upon the public of such county for support.

Section 612. Management and Control of Orphans' Home.--Any such orphans' home shall be under the management and control of the board of commissioners of the county, and they are hereby authorized to appoint a superintendent, and such assistants as may be necessary, to properly conduct the affairs of such home.

Section 613. Admission to Home.--Indigent orphans and children shall be committed to any such home on order of the board of commissioners, or of the directors or overseers of any poor district of such county.

Section 614. Maintenance of Children's Home.--When any property has been given or granted to any such county for a children's home and a home is duly established, it shall be lawful for such county thereafter to appropriate from the county funds moneys for the support and maintenance of such orphans and children, and for the payment of the salary of the superintendent and his assistants.

Section 615. Additional Poorhouse and Infectious Disease Hospitals.--(615 repealed Apr. 11, 1949, P.L.428, No.62)

Section 616. Purchase and Sale of Land of Poorhouse.--(616 repealed Apr. 11, 1949, P.L.428, No.62)

Section 617. Contagious Disease Hospital or Building, Wing or Unit.--Whenever, in the opinion of the board of commissioners of any county, or the boards of commissioners of two or more counties, a hospital for the care and treatment of contagious diseases appears to be necessary or advisable, the board of commissioners of the county, or the boards of commissioners of two or more counties jointly, may either erect, construct and equip such a hospital on the grounds of the county institution district of any of the counties joining, or may purchase a suitable site for such purpose in some other locality. In lieu of erecting and constructing a separate contagious disease hospital, the board of commissioners of a county, or the boards of commissioners of two or more counties jointly, may enter into an agreement with a general, nonsectarian, nonprofit hospital or hospitals within the county, or within any of such counties, or any adjoining county, and may appropriate county moneys to such hospital or hospitals for the erection, construction and equipment of a building, or wing, or unit, for the care, isolation and treatment of contagious disease cases. In any such contagious disease hospital or building, wing or unit, provision shall be made for the care and treatment of indigent persons and of persons who are able to pay for their care and treatment in whole or in part.

The county commissioners may in like manner join in establishing, maintaining, equipping and operating a contagious disease hospital with any municipality within the county.

(617 amended May 18, 1945, P.L.817, No.326)

Section 618. Plans and Specifications; Approval; Construction.--Plans and specifications for any county or joint county hospital or building, wing or unit at a general hospital shall be prepared by the board or boards of commissioners, or at their instance, or by the general hospital with which an agreement has been made, as the case may be, which plans and specifications must be submitted to the Secretary of Health of the Commonwealth. The cost of the preparation of such plans shall be paid by the county or counties so joining. Upon the approval of said plans and specifications by the Secretary of Health of the Commonwealth, any county or joint county contagious disease hospital may be constructed and equipped in the same manner that any other county buildings are constructed and equipped and in the case of a building, wing or unit at a general hospital, the same shall be constructed and equipped by the authorities in charge of the general hospital, as may be provided in the agreement with the county or counties joining. But in either event the expense and cost of such erection, construction and equipment, and the cost of the site, if any, shall be paid by the board or boards of commissioners out of county funds.

(618 amended May 18, 1945, P.L.817, No.326)

Section 619. Expenses of Maintenance, Care and Treatment.--All expense incident to the maintenance of any such county or joint county contagious disease hospitals and of buildings, wings and units at general hospitals shall be paid by the county or counties so joining, as may be provided in any agreement, out of county funds. The county or counties so joining shall be liable for the cost of operating any such county or joint county contagious disease hospital, and each county shall separately be liable to pay the cost of the care and treatment of its indigent patients, and those unable to pay the entire cost of care and treatment in such contagious disease hospitals, and in buildings, wings and units at general hospitals, and for such purposes, any county, or the counties so joining, shall have power to appropriate county funds.

(619 amended May 18, 1945, P.L.817, No.326)

Section 620. Administration of County and Joint County Hospitals.--After any such county hospital is erected and equipped and ready for occupancy, it shall be operated by and under the authority of the county commissioners of the county, in the same manner that other county buildings and institutions are operated, and in the case of joint county hospitals the operation shall be in the manner provided in the agreement between the counties. All county or joint county contagious disease hospitals heretofore erected and constructed shall hereafter be maintained and operated in the manner provided by this act.

(620 amended May 18, 1945, P.L.817, No.326)

Section 621. County Agreements for Joint Contagious Disease Hospitals, Buildings, Wings and Units.--Whenever the county commissioners of two or more counties decide that a hospital or a building, wing or unit at a general hospital for the care and treatment of contagious diseases is necessary, they shall enter into an agreement for such purposes, and therein provide how and in which proportions, each county shall bear the expenses incident to the construction, operation and maintenance of the joint hospital, building, wing or unit for contagious diseases.

(621 amended May 18, 1945, P.L.817, No.326)

Section 622. County Hospital for Tuberculosis.--Whenever one hundred or more citizens, residents of a county, petition the county commissioners for the establishment of a county hospital for the treatment of persons afflicted with tuberculosis, the county commissioners shall, at the next general or municipal election, submit to the voters of the county the question whether or not the county shall establish such a hospital. Such question shall be printed at the foot of the ballot, and shall be in the form provided by the general laws for the submission of such question. The vote on such question shall be counted, returned and computed in the manner prescribed by the general election laws of the Commonwealth.

Section 623. Power to Acquire Site.--If a majority of the electors voting upon such question at such election shall vote in favor of the establishment of such a hospital, the county commissioners shall acquire a site for such hospital, either by purchase or condemnation; in case such site shall be acquired by condemnation, the procedure for the assessment of damages for the property taken shall be as prescribed by article seven of this act.

Section 624. Advisory Board.--If a majority of the electors voting upon such question at such election shall be in favor of the establishment of a hospital, the court of common pleas of the county shall immediately appoint an advisory board of five members, all of whom shall be electors of the county, and one of whom shall be a licensed physician. The members of said board shall be appointed, one for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years, and one for a term of one year, or until their successors are appointed, and have qualified. All appointments at the expiration of any term shall be for a term of five years.

The board shall meet monthly and at such other times as it may be deemed necessary. The board shall visit and inspect, and keep in close touch with the management and operation, of said hospital, and shall, from time to time, make such recommendations and suggestions to the county commissioners for changes or improvements in said management and operation as may be deemed advisable. It shall also make an annual re-port to the county commissioners, concerning the management and operation of said hospital.

The county commissioners shall, at the expense of the county, provide a meeting place for said board, and furnish all supplies and materials necessary to carry on its work.

The members of the board shall not receive any compensation for their services, but shall be allowed all actual and necessary expenses incurred in the discharge of their duties, which shall be paid by the county.

Section 625. Site and Plans Approval.--If a majority of the electors voting upon such question at such election shall be in favor of the establishment of the hospital, the county commissioners shall, after consultation with the advisory board, select a site for such hospital, and shall have plans and specifications prepared for such hospital, but no such hospital shall be erected until such plans and specifications, and the site therefor, have been first approved by the Secretary of Health and the county controller, if there be a controller in said county.

Section 626. Construction and Equipment.--Any such hospital shall be constructed by contract or contracts let by the county commissioners to the lowest responsible and best bidder, after due advertisement in at least three newspapers, one of which shall be published in the county, once a week for four consecutive weeks, and when so constructed, the hospital shall be equipped by the county commissioners at the cost of the county in the same manner as other county buildings are equipped.

Section 627. Employes' Salaries.--The county commissioners may, after consultation with the advisory board, employ a superintendent and such physicians, nurses and other employes as may be necessary to properly conduct and manage such hospital, and shall fix their compensation, except in counties having a salary board, where such compensation shall be fixed by the salary board, which shall consist of the county commissioners and the county controller. All such salaries shall be paid from the county treasury in the usual manner.

Section 628. Management.--The county commissioners shall have power, after consulting with the advisory board, to make general rules and regulations for the management of the hospital, and shall have power to do all acts deemed necessary to promote the usefulness of the hospital in the prevention of tuberculosis.

Section 629. Use of Hospital.--Every hospital established under the provisions of this act shall be used for the benefit of all inhabitants afflicted with tuberculosis resident within the county in which the hospital is located, and all such persons shall be entitled to occupancy, nursing, care, treatment and maintenance according to the rules and regulations prescribed by the county commissioners. The county commissioners may exclude from the use of the hospital any person who wilfully violates any rule or regulation adopted for the hospital by said county commissioners. The county commissioners may charge and collect from persons admitted to the hospital, or persons legally responsible for their maintenance, reasonable compensation for the care, treatment, and maintenance of such persons, but free treatment shall be given to all such persons who are, after reasonable investigation, found to be unable to pay.

Section 630. Patients From Other Counties; Donations.--The county commissioners may admit patients to said hospital who are resident within any other county of the Commonwealth, provided such other county agrees to reimburse the county in which the hospital is located for all charges in connection with the admission, maintenance, care and treatment of such patients. Authority is hereby conferred upon all counties in the State to pay to any other county in which such hospital is located reasonable charges for patients cared for by said hospital resident in the county paying such charges. All money received from the care and maintenance of patients, or from gifts or donations, shall be paid into the county treasury, and shall be used only for the maintenance of such hospitals. County commissioners are authorized and empowered to receive contributions, donations, property and trust funds for the erection and maintenance of hospitals as provided in this act.

Section 631. Appropriations; Tax Levy.--The advisory board herein provided for shall, by December thirty-first of each year, furnish to the county commissioners and the county controller, if any, a schedule of expenses deemed necessary for the maintenance and operation of the hospital for the ensuing year, and the county commissioners shall, after considering the schedule submitted by the advisory board, annually, make appropriations deemed by them sufficient to properly manage and operate said hospital. The county commissioners shall levy a special tax sufficient to produce the moneys appropriated to said hospital, which tax shall be collected in the same manner as other county taxes and shall be paid into the county treasury. All payments from the county treasury shall be made by warrant of the county commissioners, countersigned by the county controller, if any, in the usual manner.

Section 632. Increase of Indebtedness.--The county commissioners of every county establishing a hospital, as provided for in this act, may incur or increase the indebtedness of the county, in the manner now provided by law, to an amount sufficient to pay the cost of acquiring a site and of erecting, constructing and equipping the said hospital, by issuing coupon bonds at a rate of interest not exceeding six per centum and payable within thirty years from the date of issue. The county commissioners shall levy an annual tax in an amount necessary to pay interest and sinking fund charges upon such bonds.

Section 633. Hospitals Established Under Other Laws.--In any county where any such hospital has been or is now being erected, or where proceedings have been instituted, under the provisions of any act of Assembly heretofore repealed, such proceedings and hospital may be completed and the said hospital may thereafter be managed and operated in accordance with the provisions of this act.

(h) INSTITUTIONS FOR DELINQUENT WOMEN

Section 635. Power to Provide Institutions For Delinquent Women.--The county commissioners of any county, or the county commissioners of two or more counties acting together, by and with the approval of the Department of Welfare, shall have the authority, and are hereby authorized, to purchase a farm or plot of ground, and erect buildings thereon, or add to and improve buildings already erected, and make improvements thereon and thereto, or to erect buildings, or add to and improve buildings already erected on land already owned by such county or counties, as may be convenient and necessary for the use and purpose of providing a separate institution for the detention, maintenance, employment and education of delinquent women of such county or counties as hereinafter provided.

Section 636. Purpose of Institution.--Such institution shall receive and maintain women who have been convicted of, or plead guilty to, the commission of any criminal offense punishable under the laws of this State, and who have been sentenced to imprisonment for one year or less. All the laws applicable to prisoners so far as they relate to the commutation of imprisonment for good behavior, all existing parole laws now applicable to prisoners in county jails, and all laws with respect to escaped prisoners, shall be applicable to the inmates of such institution.

Section 637. Division of Expense of Joint Institutions.--Whenever two or more counties acting together shall erect any such institution, they shall bear the expenses of establishing and maintaining such institution as follows: The original cost of the site and buildings of the institution, and all additions thereto, and all fixed overhead charges in conducting the institution shall be paid by the said counties in the ratio of their population according to the last preceding United States census. The cost of the care and maintenance of the inmates shall be certified monthly to the counties from which inmates have been committed. Such cost shall be paid by the counties establishing such institution in proportion to the number of inmates committed from each county. All payments shall be on requisition of the authorities in charge of such institution, and on warrant of the county commissioners countersigned by the county controller: Provided, however, That nothing in this section shall prevent the counties from agreeing to a different basis for apportioning the expenses.

Section 638. Standards of Administration.--The Department of Welfare is hereby authorized and directed to prescribe certain minimum standards of equipment, management and administration of such institutions, and to require conformity with such standards of equipment, management and administration.

Section 639. Administration.--Such institution shall be under the control of the prison authorities of the county or counties establishing such institution, subject to the inspection and supervision of the Department of Welfare as in the case of county institutions supervised by such department, as provided by the Administrative Code, and by an act, approved the twenty-fifth day of May, one thousand nine hundred and twenty-one (Pamphlet Laws, one thousand one hundred forty-four), entitled "An act creating a Department of Public Welfare; defining its powers and duties; abolishing the Board of Public Charities, the Committee on Lunacy and the Prison Labor Commission, and all offices thereunder, and vesting all the powers of said board, committee and commission in the Department of Public Welfare; requiring all reports, notices, statements, or matters heretofore required to be made, given or submitted to the Board of Public Charities, or the Committee on Lunacy, to be made, given or submitted to the Department of Public Welfare; and providing penalties." The prison authorities shall provide a system of treatment, training, employment and instruction in such institution as may be useful to the inmates thereof, and shall appoint a woman superintendent of such institution, who shall hold office during the pleasure of the prison authorities.

Section 640. Prisoners From Other Counties.--Such institution shall receive prisoners of other counties on such terms and conditions as may be agreed upon by such counties. In the case of failure to agree, the Department of Welfare shall prescribe the terms and conditions for receiving such prisoners. The county from which such prisoner shall be sentenced shall pay the expenses of transportation to and from such institution.

Section 641. Transfer of Prisoners.--Should the Department of Welfare, upon investigation, find any condition to exist in any county prison of this State which, in its opinion, is unsuitable to the proper maintenance, custody, welfare or training of the women inmates thereof, or of the women committed thereto, or being treated, detained or residing therein, it shall require and supervise the transfer of such women prisoners to any institution established by this act, or to any public penal or correctional institutions, or private incorporated institution subject to the supervision of the Department of Welfare: Provided, That such transfer shall be made with the consent of the court by which the prisoner was committed, and, in case of transfer to a private institution, with the consent of the institution to which such transfer is made: Provided, however, That this section shall not apply to any prisoner sentenced for a period of more than one year. Thereafter the courts of such county shall commit all women prisoners who have been sentenced for a period not to exceed one year direct to the institution designated by the Department of Welfare.

Section 642. Terms of Transfers.--In the case of transfer to a public or private incorporated institution, the transfer shall be under the terms and conditions prescribed by the Department of Welfare, and such prisoners transferred shall remain subject to all laws applicable to prisoners confined in institutions established by this act.

Section 643. Earnings of Prisoners.--The earnings of such inmates shall accrue to the benefit of the county or counties establishing such home, except such portion as the Department of Welfare shall credit to each inmate, to be paid on her discharge, or before, as provided by the Department of Welfare.

Section 644. Exemption From Taxation.--All the property, real and personal, authorized to be held by virtue of this act shall be exempt from taxation.

(i) FAIRGROUNDS, PARKS, PARKWAYS, BRIDLE PATHS,

FOOT PATHS, PLAYGROUNDS, PLAYFIELDS, GYMNASIUMS,

BATHS, SWIMMING POOLS, AND INDOOR RECREATION CENTERS

(Hdg. amended May 26, 1943, P.L.613, No.268)

Section 650. Power to Acquire Land and Buildings.--The county commissioners may, in any county, designate and set apart for use as parks, parkways, bridle paths, foot paths, playgrounds, playfields, gymnasiums, public baths, swimming pools or indoor recreation centers, and as agricultural fairgrounds, any lands or buildings owned by such county and not dedicated or devoted to other public use. The county commissioners may also acquire lands or buildings for such purposes by gift, purchase, or may lease lands or buildings in such county for temporary use for such purposes.

(650 amended Apr. 14, 1949, P.L.443, No.74)

Section 651. Equipment and Maintenance.--The authority to supervise, build and maintain fairgrounds, parks, parkways, bridle paths, foot paths, playgrounds, playfields, gymnasiums, public baths, swimming pools or indoor recreation centers may be vested in any existing body or board, or in a park board, or recreation board, or fair board, as the county commissioners may determine. The county commissioners of the county may equip, operate and maintain the fairgrounds, parks, parkways, bridle paths, foot paths, playgrounds, playfields, gymnasiums, swimming pools, public baths, or indoor recreation centers, as authorized by this act, and may, for the purpose of carrying out the provisions of this act, employ play leaders, recreation directors, supervisors, superintendents, or any other officers or employes as they deem proper.

(651 amended Apr. 14, 1949, P.L.443, No.74)

Section 652. Fair, Park and Recreation Boards.--If the county commissioners shall determine that the power to supervise fairgrounds, parks, parkways, bridle paths, foot paths, playgrounds, playfields, gymnasiums, public baths, swimming pools or recreation centers shall be exercised by a park board or recreation board, or fair board, they may establish in said county such fair board, park board or recreation board, which shall possess all the powers and be subject to all the responsibilities of the respective county commissioners. Either such boards when established shall consist of not less than five persons. The members of such boards shall be appointed by the commissioners of such county, and shall serve for terms of five years, or until their successors are appointed, except that the members of such board first appointed shall be appointed for such terms that the terms of all the members shall not expire in the same year. Members of such board shall serve without pay. Women shall be eligible for appointment. Vacancies in such board, occurring otherwise than by expiration of term, shall be for the unexpired term, and shall be filled in the same manner as original appointments.

(652 amended Apr. 14, 1949, P.L.443, No.74)

Section 653. Officers of Board.--The members of a fair board, park board or recreation board, established pursuant to this act, shall elect their own chairman and secretary, and select all other necessary officers to serve for a period of one year, and may, with the consent and approval of the county commissioners, employ such persons as may be needed as authorized by this act. Such boards shall have power to adopt rules and regulations for the conduct of all business within their jurisdiction.

(653 amended May 26, 1943, P.L.613, No.268)

Section 654. Joint Action.--Any county authorized by this act to acquire property for and operate and maintain any fairgrounds, parks, parkways, bridle paths, foot paths, playgrounds, playfields, gymnasiums, public baths, swimming pools or indoor recreation centers, may acquire property for such purposes and operate and maintain the same jointly with any other county or any city, borough, township or school district.

(654 amended May 26, 1943, P.L.613, No.268)

Section 655. Indebtedness.--The county commissioners may issue bonds for the purpose of acquiring lands or buildings for fairgrounds, parks, parkways, bridle paths, foot paths, playgrounds, playfields, gymnasiums, swimming pools, public baths or indoor recreation centers, and for the equipment thereof.

(655 amended May 26, 1943, P.L.613, No.268)

Section 656. Payment of Expenses; Taxation; Annual Fairs; State Contributions.--All expenses incurred in the operation of such fairgrounds, parks, parkways, bridle paths, foot paths, playgrounds, playfields, gymnasiums, swimming pools, public baths and indoor recreation centers, established as herein provided, shall be payable from the treasury of such county. The county commissioners may annually appropriate, and cause to be raised by taxation, such tax not to exceed two mills on the dollar of the assessed valuation of taxable property in such county, for the purpose of maintaining and operating such fairgrounds, parks, parkways, bridle paths, foot paths, playgrounds, playfields, gymnasiums, public baths, swimming pools and recreation centers.

The county commissioners or the fair board, if there be one, may provide for and hold an annual fair or agricultural exhibition on the fairgrounds acquired or maintained as aforesaid, and may accept aid or contributions from the Commonwealth under any act of Assembly for the payment of premiums at any such fair or exhibition.

(656 amended Apr. 14, 1949, P.L.443, No.74)

(j) PARKS IN COUNTIES

(Hdg. amended May 1, 1945, P.L.368, No.155)

Section 660. Counties May Provide Parks.--It shall be lawful for, and the right and power is hereby conferred upon, the counties of this Commonwealth to enter upon, take, use, and appropriate by the right of eminent domain, and to acquire by purchase, lease, gift, devise or otherwise, private property for the purpose of establishing, making, enlarging, extending, operating and maintaining public parks within the limits of such counties whenever the county commissioners thereof shall by resolution determine thereon.

(660 amended May 1, 1945, P.L.368, No.155)

Section 661. Eminent Domain Proceedings.--In all cases wherein counties of this Commonwealth shall enter upon, take, use and appropriate private property for the aforesaid purposes, by resolution of the county commissioners, if the compensation and damages arising therefrom cannot be agreed upon by the owners thereof in such counties, such compensation and damages shall be considered, ascertained, determined, awarded, and paid in the manner provided in this act for such proceedings.

(661 amended May 1, 1945, P.L.368, No.155)

Section 662. Title Acquired in Eminent Domain Proceedings.--In every case of the taking of property by eminent domain hereunder the county shall acquire the entire title, whether in fee or otherwise, held by the owner or owners of said property or of any interest therein.

Section 663. Improvements in Parks.--The said county commissioners shall have the power to govern, manage, operate, lay out, plant and ornament the said public parks, and to maintain the same in good order and repair, and to construct all proper bridges, buildings, roadways, lakes, golf courses, playgrounds, and other improvements therein, and to make rules and regulations for the conduct of the patrons thereof, and to repress all disorders therein, under the provisions hereinafter contained.

Section 664. Park Buildings.--The said county com-missioners shall have exclusive power to lease all houses, cottages, and buildings within the park limits which may be let without prejudice to the interest and purposes of the park and to collect the rents.

Section 665. Use of Receipts.--All rents, license charges and fees, all fines, proceeds of sales except of lands purchased, and profits of whatsoever kind, to be collected, received or however realized, shall be paid into the county treasury as a fund to be exclusively appropriated by the county commissioners for park purposes: Provided, That moneys or property given or bequeathed to the county commissioners upon specified trusts shall be received and receipted for by the county treasurer, and held and applied according to the trusts specified.

Section 666. Penalties.--Any person who shall violate any of said rules and regulations which shall be ordained by the said county commissioners for the government of said public parks, not inconsistent with this act or the laws and Constitutions of this State and the United States, the power to ordain which rules and regulations is hereby expressly given to said commissioners, shall be guilty of a misdemeanor, and, upon conviction thereof, shall pay such fine as may be prescribed by said county commissioners, to be recovered before any alderman or justice of the peace of said county, which fines shall be paid into the county treasury.

Section 667. Damages; Forfeiture of Leases.--Any person violating any of said rules and regulations shall be further liable, to the full extent of any damage by him or her committed, in trespass or other action; and any tenant or licensed party who shall violate the said rules and regulations, or any of them, or consent to or permit the same to be violated on his or her or their premises, shall forfeit his or her or their lease or license, and shall be liable to be forthwith removed by a vote of the county commissioners; and every lease and license shall contain a clause making it cause of forfeiture for the lessee or party licensed to violate or permit or suffer any violation of said rules and regulations or any of them.

Section 668. Employes; Police.--For the purpose of performing all necessary duties relating to the establishing, making, enlarging, extending and maintaining public parks, and for enforcing the rules and regulations ordained by the county commissioners for the conduct of the patrons thereof, the said county commissioners are hereby authorized to employ or appoint and equip proper persons to do all necessary and proper work connected therewith, including police duty, the compensation of all persons so employed to be fixed by the salary board of said county.

Section 669. Duty of Police.--It shall be the duty of the police appointed to duty in said public parks, without warrant, forthwith to arrest any offender against the rules and regulations ordained by the said county commissioners that they may detect in the commission of such offense, and to take the person so arrested forthwith before a magistrate, alderman or justice of the peace having competent jurisdiction.

Section 670. Indebtedness; Taxation.--The county commissioners of said counties may issue bonds for the purpose of acquiring lands or buildings for parks, playgrounds, playfields, gymnasiums, swimming pools, public baths, or other outdoor or indoor recreation centers, and for the enlargement, extension and equipment thereof, and may annually appropriate and cause to be raised by taxation such taxes, not to exceed one mill on the dollar of the assessed valuation of taxable property in such county, for the purpose of establishing, making, enlarging, extending and maintaining same.

(670 amended May 28, 1937, P.L.942, No.258)

(k) DISPOSING OF REAL PROPERTY OF COUNTY

Section 675. Authority to Sell or Lease Real Property.--The board of commissioners may sell or lease, either as lessor or lessee, any real property belonging to the county, on petition to the court of common pleas setting forth a description of the property to be sold or leased and the reason therefor; the court shall thereupon fix a day for hearing, and notice of which shall be given in at least two newspapers in said county of general circulation once a week for three consecutive weeks. In the case of any lease of county property hereunder, such property, with any and all improvements or additions thereon or thereto, shall, in the hands of the lessee, be subject to taxation by such county, and any other municipal or political subdivision therein, in the same manner as all other real estate located in such county, all of which taxes shall be levied and assessed against and paid by the lessee. After hearing, the court shall make such order and decree as shall seem right and proper. Such sale or lease shall be returned to the following term of court, as orphans' court sales are now returned, and said court shall confirm or refuse to confirm said sales or leases as it may deem best for the interests of the county.

(675 amended July 1, 1937, P.L.2616, No.499)

Section 676. Conveyance and Lease of Real Estate.--The board of commissioners shall make a deed or lease of any real estate belonging to the county which they are authorized to sell or lease, under their hands and seals as commissioners, with the seal of the county attached, and the same shall be a good and lawful conveyance in fee simple or lease.

(676 amended Apr. 21, 1937, P.L.328, No.92)

ARTICLE IX

BRIDGES, VIADUCTS AND CULVERTS

(a) GENERAL PROVISIONS

Section 701. Contracts for Over Five Hundred Dollars.--It is unlawful for any county commissioners to make any contract for over five hundred dollars ($500), to build, rebuild or repair any county bridge, without first advertising for at least three weeks, or in case of emergency one week, for sealed bids or proposals to build, rebuild or repair such bridge, in at least three newspapers published in the county where said proposals or bids are asked for. Such advertisement shall contain the description of the repairs, or plans of the kind of bridge required, the time when the proposals or bids shall be closed, and when said bids or proposals shall be opened. When the contract is for the building of a bridge, the plans and specifications therefor, or a copy thereof, shall be kept in the office of the county commissioners, open to the inspection of all intending bidders, during such advertising and until the time specified therein for the reception of bids. In the case of a bridge to be erected over a river or stream upon the line between two adjoining counties, the advertising shall be done in each of said counties, and a copy of the plans and specifications shall be kept in the commissioners' office of each county.

Section 702. Penalty.--If any county commissioner violates any of the provisions of the preceding section of this act, or if any county commissioner or any person shall do or permit anything which prevents fair competition in the making or submission of bids for such building, rebuilding or repair, they shall be guilty of a misdemeanor, and, upon conviction, shall be sentenced to pay a fine not exceeding one thousand dollars, or be imprisoned not exceeding two years, or both.

Section 703. Filing of Security With Proposals; Opening of Bids.--The proposals or bids must be accompanied with such security as the county commissioners may require, which must be filed with the chief clerk, or some one in charge of the commissioners' office, at least one hour before the time fixed for the opening of the bids or proposals. The time of filing bids and the person's name with whom filed must be marked on the outside of said bids.

All bids or proposals shall be opened in public, and in the presence of not less than two of the county commissioners and the chief clerk, and a record made of each and every bid.

Section 704. Awarding of Contract; Readvertising.--The commissioners shall, as soon as possible after the time fixed for the opening of said bids, award the contract for the building, rebuilding or repair of said bridge to the lowest responsible bidder, upon the condition that said bidder must, within ten days after notice of award of said contract, sign and execute a contract for the faithful performance of the proposal, and furnish a bond in a sum not exceeding the amount of the contract, which contract and bond shall first be approved by the court of quarter sessions. If the lowest bidder neglects to comply with the conditions of his bid within the time required, the commissioners shall award the same to the next lowest bidder. In case all bids are too high, or unreasonable, in the opinion of the commissioners, they may reject any and all bids and advertise for new bids.

Section 705. Compensation for Additional Work.--In all cases where bridges shall have been or may be erected for a county, and deviations from or alterations in the plan contracted for have been made by the direction of the county commissioners, where the county commissioners and builders cannot agree upon the compensation to be made therefor, it shall be lawful for such builder to recover any sum to which he may be justly entitled for such deviations and alterations beyond the contract price in an action for work, labor and service done and performed and material found and provided.

Section 706. Inspection.--Every bridge erected by the commissioners of any county, or under contract with them, shall, upon completion, be inspected by three fit persons, one of whom shall be a surveyor to be appointed by the court of quarter sessions, who shall make report of their findings to the court. Such inspectors shall, before they proceed, make oath or affirmation before any person authorized to administer oaths to perform their duty impartially and according to the best of their judgment. Such viewers shall receive three dollars a day, and the surveyor five dollars a day, and five cents per mile for each mile necessarily traveled in the discharge of their duties. The expense of the inspection shall be paid by the county, but, if such bridge shall not be approved, the expense shall be recoverable by such county as damages against the delinquent commissioner or contractor.

Section 707. Payment on Contract.--If any such bridge shall be approved by the court, and the same shall have been erected under contract with the commissioners, the money due under such contract shall be paid agreeably thereto.

Section 708. Deduction of Part of Contract Price.--If the persons appointed to inspect any bridge erected by contract shall not approve of the same, they shall report to the court what sum in their judgment ought to be deducted from the sum stipulated in such contract, and thereupon the court shall grant a rule upon the builder or contractor to show cause against said report at a time and place in such rule to be named.

Section 709. Action on Contract or Procedure on Rule.--After the service and return of such rule, it shall be lawful for the builder or contractor to file a declaration or statement in the court of common pleas of the respective county, upon the contract made by him with the commissioners, and thereupon proceed to trial in due course in like manner as if an action had been commenced by him upon such contract against the county, or, at his election, he may show cause against the said report, and thereupon the court of quarter sessions shall determine the matter as justice and equity shall require.

Section 710. Bridge Erected by Commissioners.--When any bridge shall have been erected by the commissioners of the county, or under their superintendence, if the same shall not be approved by the inspectors, they shall report in what respect such bridge is deficient, and whether or not the same has occurred through the default, neglect or official misconduct of the commissioners, or any of them, and what in their judgment is the value of such bridge. Thereupon the court shall, in like manner, grant a rule upon the com-missioners to show cause against such report.

Section 711. Procedure on Rule.--After the service and return of such rule, it shall be lawful for the commissioners to have an issue directed upon the said report to the court of common pleas, to be tried by a jury, or, at their election, they may show cause against the same, and thereupon the court of quarter sessions shall determine the matter as justice and equity shall require.

Section 712. County May Recover Against Delinquent Commissioners.--If it shall appear upon the trial of such issue, or upon investigation by the court, that through the neglect or official misconduct of any one or more of the commissioners, such bridge is insufficient, or that it has been erected at an expense greater than its value, it shall be lawful for the county to recover against such delinquent commissioner or commissioners the damages sustained by reason of his or their default.

Section 713. Building or Rebuilding Without Consent of Grand Jury in Emergencies.--When a county bridge, wholly within any county, or on the boundary line between any two counties, has been or shall hereafter be destroyed, or partially destroyed, or rendered impassable, or becomes insufficient or inadequate to accommodate public travel, or in any other case of emergency, it becomes necessary to construct or reconstruct any such bridge without the delay occasioned by the report of a grand jury or grand juries, the county commissioners of any such county, or of any two counties in case of a joint county bridge, may, upon the approval of the court or courts of quarter sessions of such county or counties, erect and construct a new bridge, or reconstruct any partially destroyed, insufficient or inadequate bridge to take the place of such wholly or partially destroyed or insufficient or inadequate bridge.

Section 714. Bridges on Boundary Between Two Counties.--Whenever any bridge contemplated by any of the provisions of this article is on the boundary line between two counties, or within one-fourth of a mile therefrom, and necessary for the accommodation of the inhabitants of both counties, the commissioners of such counties shall act jointly in the exercise of all powers conferred upon them, and in the performance of all duties imposed upon them. Whenever a petition of residents or taxpayers is required, such petition shall be made by the required number of petitioners in each county, to the court of quarter sessions, or the court of common pleas, as the case may be, of their county. Whenever any other petitions are required, such petitions shall be made to each of such courts. Whenever the approval of the grand jury is required, the grand juries of both counties shall give their approval. Each of the courts shall act on such petitions, and shall communicate its approval or disapproval and that of the grand jury to the other court.

Whenever the appointment of viewers or inspectors is required, the court of each county shall appoint a full number of such viewers or inspectors, and order a view in the manner and with like powers, duties, and procedure provided for in the case of public roads. The total number thereof shall act together in the view or inspection, and shall make their joint report and recommendations to each court. Exceptions to the report of viewers may be filed in, and appeals therefrom made to, the courts of either county, in which case the courts of said two counties sitting together shall hear and determine the same. Whenever publication of notice is required, such publications shall be made in each county. The approval of both boards of commissioners and of both courts shall be necessary in order to authorize any action requiring such approval.

(714 amended June 9, 1931, P.L.401, No.146)

Section 715. Payment of Cost; Tolls; Rentals.--All expenses in connection with any matters affecting any such bridge shall be borne by the two counties jointly, in equal proportions, or in any other proportions as the commissioners of the several counties may agree upon. Whenever it is necessary for any counties, in the construction of any joint county bridge, or in joint acquisition of any toll bridge, to issue bonds in payment of such construction, erection or acquisition, including the approaches thereto, the damages sustained by the owner or owners of lands taken in the construction thereof and including reasonable fees for necessary legal services required in such construction, erection and acquisition, the commissioners of said counties may, with the consent of the State Department of Highways, if the cost of such bridge was in excess of four hundred thousand dollars, assess, supervise and collect such tolls for the use of said bridge for all traffic, as may be necessary to pay the interest on said bonds and to create a sinking fund for the payment and redemption of the same within thirty years from the date of the issue thereof, and to pay also the costs and expenses of operating and maintaining such bridge between the time of construction thereof and the date of the redemption of the last of said bonds to be redeemed by such tolls. The tolls so collected shall be distributed between such counties in proportion to the amount paid in by each county in the original construction or acquisition, and in no case shall any tolls be collected after the redemption of the original bonds issued. All moneys received from rentals for special use shall be divided between them in the same proportion. Such bridge shall be a joint county bridge.

(715 amended June 9, 1931, P.L.401, No.146)

Section 715.1. Management, Maintenance and Policing of Joint County Toll Bridges; Turning over to Department of Highways.--Such joint county bridge shall be managed, controlled, maintained, repaired, operated and lighted by the commissioners of the said counties, acting as a joint county bridge commission, who are hereby authorized to act jointly in the employment of such workmen, collectors of tolls and other employes, and fix their wages, salaries and compensation, and to incur such other expenses in the construction and operation of such bridge, including the compensation of such attorneys, as in their judgment shall be requisite and necessary. All decisions of such commission shall require a majority vote of all the members thereof.

The commissioners of said counties, acting jointly, shall have power to adopt such rules and regulations as they deem expedient for the proper government and management of said bridge, and for the preservation of good order, safe traffic, and proper conduct thereon. Said commissioners are further authorized and empowered to make arrests for evasion or attempts to evade the payment of tolls which may be fixed, or may have been fixed, for passage over said bridge. For any violations thereof, the offender or offenders shall be subject to a fine or penalty of not less than ten dollars or more than twenty-five dollars, together with costs, to be adjudged by a justice of the peace or alderman of either of said counties, and, on default of payment of such fine or penalty, then to imprisonment of not less than ten days or more then thirty days in the county prison of either of said counties.

Said powers and duties of said commissioners, acting as a joint commission, shall continue until the redemption of the last of said bonds to be redeemed by such tolls, whereupon said bridge shall be turned over as a free bridge to the Commonwealth, if such bridge crosses a river and is located on a State highway route, or connects two State highway routes. Thereafter such bridge shall be maintained by the Highway Department at the expense of the Commonwealth.

(715.1 added June 9, 1931, P.L.401, No.146)

Section 716. Widening, Straightening, Altering or Changing Course of Unnavigable Stream for Protection of County Bridges and Highways.--Whenever in the erection, construction, repair or maintenance of any county bridge or highway, it becomes necessary for the safety of said bridge or highway, or advisable from an economic standpoint, to widen, straighten, alter, protect or change the course of any unnavigable stream, it shall be lawful for the county to enter upon abutting or adjacent land, and to widen, straighten, alter, protect or change the course of such unnavigable stream for such purposes, and in connection with such entry, to take, injure and destroy any necessary land or property, in the manner and subject to the restrictions and procedure provided in article seven of this act.

(716 amended June 9, 1931, P.L.401, No.146)

Section 717. Dykes, Banks, Causeways and Sluiceways for Protection of Bridges and Highways.--The board of commissioners, for the purpose of protecting any county bridge or bridges, the abutments thereof and approaches thereto, and any public highway adjacent to the same, from the incursions of the tide, floods or waters of any creek, rivulet or other stream, and so as to prolong the life of said structures, may erect and maintain dykes, banks, causeways and sluiceways over, on and across any creek, rivulet or other stream not navigable, and which creek, rivulet or other stream is affected by the rise and fall of the tide, floods or waters of any creek, rivulet or other stream, and secure a right of way for proper ingress and egress thereto, and, in connection with such activities, to take, injure and destroy any necessary land or property in the manner and subject to the restrictions and procedure provided in article seven of this act. Any such change in an existing stream channel, under the provisions of this or the preceding section, shall first be approved by the Department of Forests and Waters.

(717 amended June 9, 1931, P.L.401, No.146)

Section 718. Materials Taken from Adjoining Lands.--It is lawful for the contractors or board of commissioners, in building any county bridge, to enter upon the lands and enclosures near to the place where such bridge is to be built for the purpose of searching for and procuring the materials necessary for the building of such bridge when such materials cannot be conveniently obtained by contract at reasonable prices. In exercising such right, they shall do no unnecessary damage to the owners of the land, and shall repair any breaches of fences which they make.

Section 719. Ascertaining Damages.--If the contractors or board of commissioners and the owner of such materials cannot agree upon the sum to be paid for the damages which may be done by the taking of such materials, such damages shall be estimated by any two of such three persons as may be agreed upon by the contractors or board of commissioners and owners.

Section 720. When Parties Cannot Agree on Damages.--If the contractors or board of commissioners and owner cannot agree upon any person to estimate the value of the materials taken, the owner may apply to a justice of the peace residing near the place from which such materials are to be taken. Such justice shall appoint three persons, one on the nomination of the contractors or board of commissioners, one on the nomination of the owner of such materials, and the third on his own suggestion. The decision of the persons so appointed, or any two of them, shall be entered upon the docket of such justice and shall be final. If either party shall, after due notice, refuse or neglect to nominate such person, the justice shall appoint a person in his stead.

Section 721. Damages to Be Paid or Secured.--Such damages shall be ascertained and paid, or secured to be paid, to the satisfaction of the owner of such materials, before the same may be dug, quarried or removed by such contractors or board of commissioners.

Section 722. Lighting of County Bridges.--Whenever considered necessary for the safety and convenience of the traveling public, the county commissioners of any county within which a county bridge is erected, or the county commissioners of two or more counties acting together with regard to any bridge located partly in one county and partly in another county or counties, may supply and equip any county bridge within their respective counties with lights of any kind and character as they shall deem necessary. Any such county bridge more than eight hundred feet in length shall be supplied and equipped with lights.

To carry out the provisions of this act, the county commissioners, severally or jointly, are authorized to contract with any individual, or with any municipal or private corporation, for the purpose of supplying the necessary light.

The cost of the construction, erection and maintenance of any light placed upon any such bridge, shall be paid by the county, or by the two or more counties, as may be agreed upon by the county commissioners of said counties.

Section 723. Repair of County Bridges.--The county commissioners shall repair all county bridges heretofore erected, or that may be hereafter erected by the county, where no other provision is made for the maintenance thereof, and shall pay the expenses of such repairs out of the county treasury.

Section 724. Painting and Tightening of Bolts of Iron and Steel Bridges.--The county commissioners shall have the county bridges of their respective counties which are constructed of iron or steel painted, and the bolts of the same drawn, as of ten as may be necessary to preserve them from the effects of rust and prevent unnecessary wear occasioned by loose bolts.

Section 725. Contracts for Work.--Whenever it may be necessary to paint any of the county bridges and tighten the bolts thereof as required by the preceding section, where the cost of such work exceeds two hundred and fifty dollars, the county commissioners shall cause to be published, at least once a week for four successive weeks, in two newspapers of the county, a list of such bridges, stating their location, and specifying the kind and quantity of paint to be used, and asking for sealed bids for furnishing the material and doing the work upon each separate bridge, which bids shall be opened on the first Monday following the close of said four weeks, or as soon thereafter as practicable. The contract for material and work upon each bridge shall be given to the lowest and best bidder.

Section 726. Repair of Bridges, Viaducts and Subways When Liability for Such Repairs is in Doubt.--Whenever any bridge, viaduct or subway, carrying a public highway over or under a railroad, street railway, or other highway in any county of the Commonwealth, is out of repair, and an application has been made to the Public Service Commission to compel the repair thereof, from which procedings it appears that there is a contest between two or more municipal authorities, or between such authorities and one or more public service corporations, as to the liability for such repair, and that the cost thereof is not in dispute, the petitioner or petitioners, or any other person or corporation interested, may forthwith apply to the county commissioners of such county for the prompt repair thereof.

Section 727. Application to County Commissioners; Authority to Act.--Such application shall be made by serving upon the county commissioners a certified copy of the petition and each of the answers on file before the Public Service Commission. After such service, the county commissioners may take such steps as may be necessary to place said bridge, viaduct or subway in repair and safe for public travel.

Section 728. Contributions Towards Work.--Should the county commissioners find it impracticable to make such repairs with county funds, they shall so notify the complainant in the proceedings instituted before the Public Service Commission. Thereupon any individual, corporation or association interested in having such repairs made may contribute to a fund deposited with the county treasurer for the purpose of making said repairs. When said fund shall become sufficient for said purpose, the commissioners shall take the necessary steps to place said bridge, viaduct or subway in repair and safe for public travel. Said repairs may be made partly from such contributions and partly from public funds if the commissioners find it expedient so to do.

Section 729. Collection of Costs of Repairs; Return of Contributions.--The cost of said repair shall be kept by the commissioners in an open account until there has been a final adjudication of the proceedings before the Public Service Commission, whereupon the amount so expended, together with five per centum of such amount to cover the cost of supervision of the work, shall be collected as awards of the Public Service Commission are collected and shall be paid into the county treasury. Thereupon, or in case the contributions aforesaid are insufficient to cause said work to be undertaken, any contributions which may have been made as aforesaid shall be returned to the contributors.

Section 730. Temporary Substitutes for Bridges.--Where county bridges have been or shall hereafter be destroyed or rendered impassable by fire, storm, flood or other casualty, the county commissioners may provide, at the expense of the county, ferries or other temporary ways as a substitute for such destroyed or impassable bridges until such county bridges shall be rebuilt or rendered fit for public travel. Where a county bridge spans a stream which is the boundary between two counties of this Commonwealth, and the bridge across such stream has been built and maintained at the joint expense of said adjoining counties, the establishment and maintenance of such ferry or temporary way shall be by the joint discretionary action of the boards of commissioners of said counties, and the expense thereof shall be borne by said counties in equal share.

Section 731. Bridge for Pedestrians Only.--When the county commissioners of any county have been legally authorized to erect a county bridge, and when in the exercise of their discretion it is found that a bridge for pedestrians only will sufficiently accommodate public travel at the place in question, they are authorized to erect such bridge instead of a bridge for general traffic.

Section 732. Rebuilding Insufficient Bridge.--Whenever it shall appear to the commissioners that any county bridge is not sufficient for any cause to accommodate the public travel, they may, upon the approval of the court of quarter sessions and of the grand jury, obtained in the manner prescribed by subdivision (b) two of this article, erect and construct a new and sufficient bridge to take the place of the insufficient, destroyed or partially destroyed bridge, or may widen and straighten county bridges where deemed necessary to accommodate the public travel. Such new bridge when constructed shall be a county bridge.

(732 amended May 28, 1937, P.L.942, No.258)

Section 733. Rebuilding Bridges Wholly or Partly Destroyed.--The county commissioners shall rebuild and reconstruct all bridges heretofore built, or that may hereafter be erected by the county commissioners, whether constructed under general, special or local laws, whenever any such bridge has been or shall hereafter be blown down, destroyed, partially destroyed, or swept away by floods, freshets, ice, storm, fire, or other casualty, at the expense of the county wherein such bridge was located.

For the purpose of carrying into effect the provisions of this section, the county commissioners are hereby authorized to borrow any sum of money, not exceeding the constitutional limitations, at a rate of interest not exceeding six per centum, and to issue bonds therefor in sums not exceeding one thousand dollars each.

(733 amended May 28, 1937, P.L.942, No.258)

Section 734. Closing, Vacating, Abandoning and Removing.--Whenever it shall appear to the commissioners of any county that any county bridge has, from any cause, become burdensome, and is no longer necessary for the accommodation of public travel, they may, upon the approval of the grand jury and court of quarter sessions, close, vacate, abandon and remove said bridge.

Section 735. Contracts With Railroad Companies for Use, Purchase, Removal, Replacing or Exchange of County Bridges.--Any railroad company which has heretofore located or may hereafter locate its railroad upon any county bridge, may contract and agree with the commissioners of said county for the use, purchase, removal, replacing or exchange of such bridge, or for the compensation to be paid to said county by said company for the use and occupancy of said bridge, or such parts thereof as may be used and occupied by said railroad company. For such purpose, the commissioners may contract and agree with said company, and may do all acts necessary and proper to effectually carry out such contract.

All moneys due and all obligations incurred by said companies under said agreements and contracts may be collected and enforced in the same manner as debts of like amount are now recovered and similar obligations enforced in this Commonwealth.

Section 736. Restrictions and Saving Clause.--No bridge erected under the provisions of this act shall obstruct any canal or railroad over which such bridge may be erected.

Nothing in this article shall release railroad or other companies of the Commonwealth from the requirements of existing laws.

Section 737. Appropriations, Tax Levy, and Incurring of Indebtedness.--For the purpose of carrying into effect the provisions of this subsection (a), the county commissioners are hereby authorized to make appropriations, levy taxes, borrow money, and incur indebtedness in accordance with the provisions of subdivision (b) two of this article.

(737 added May 28, 1937, P.L.942, No.258)

(b) AUTHORIZATION AND CONSTRUCTION

1. Taking Over or Assisting With Township and Municipal Bridges:

Section 751. Entering on Record as County Bridge.--Whenever the erection and construction of any new bridge, or of any bridge to take the place of an existing bridge, over a river, creek, rivulet or canal, or over or under a railroad, and forming part of any street, road or highway in any city, borough, town or township is necessary, and requires more expense than it is reasonable that such city, borough, town or township, or any two of them when they are adjoining, should bear, the court of quarter sessions shall, upon representation of the proper authorities of the respective city, borough or town or, of the supervisors of the township, or on the petition of any inhabitants of the respective city, borough, or township, order a view in the manner and with like powers, duties, and procedures provided for in the case of public roads. If on the report of the viewers it shall appear to the court, grand jury and commissioners of the county that such bridge is necessary, and would be too expensive for such city, borough, town or township, or any two of them adjoining, to bear, it may in the discretion of the county commissioners be entered on record as a county bridge.

(751 amended June 9, 1931, P.L.401, No.146)

Section 752. Change in Location of Bridge and Roads.--When such bridge is to take the place of an existing bridge, the viewers may change the location of such bridge so that it may be located and erected in the most suitable place, or at the least expense, or in the best manner, and, in the case of the change of location of such bridge, they shall also report what change in the course or bed of the road to be connected there-with will be necessary, and shall also report the vacation of the old or existing bridge, and the vacation of such portion of the road connecting therewith as they may deem proper. The viewers shall cause every such variation to be accurately surveyed, and a plot thereof to be made and returned with their report. Upon the approval of their report, such roads shall be altered accordingly.

Section 753. Estimate of Cost; Tax Levy; Erection.--Whenever a bridge shall be authorized and recorded as a county bridge, it shall be the duty of the commissioners to procure an estimate of the cost thereof, and provide in the county levies the moneys necessary to defray the same, and proceed to have such bridge erected by contract or otherwise as shall seem to them expedient.

Section 754. Entering Embankments and Causeways on Record as County Improvements.--Where a river, creek or rivulet over which it may be necessary to erect a bridge crosses a public road or highway, and the erecting of such bridge requires the erection and construction of an embankment or causeway leading to either end of said bridge, the erection of which embankment or causeway requires more expense than it is reasonable that one or two adjoining townships should bear, the court having jurisdiction shall, upon the representation of the township commissioners or supervisors, or on the petition of any of the inhabitants of the respective townships, order a view. If on the report of the viewers, it shall appear to the court that, for the use and enjoyment of said bridge by the public, it is necessary to erect and construct an embankment or causeway, the erection and construction of which would be too expensive for such township or townships to bear, it may in the discretion of the county commissioners be entered on record as a county improvement and constructed as county bridges are erected.

Section 755. Assistance in Building Bridges Not Entered as County Bridges.--When it is found by the report of viewers, by the court, and by the grand jury, that a bridge is necessary and that the erection of such bridge will require more expense than it is reasonable that the one or more adjoining townships, boroughs, or cities of the third class should bear, or in lieu of such proceedings, with the approval of the Secretary of Highways, when the cost to the county will not exceed fifteen hundred dollars ($1500.00), and the county commissioners do not deem it advisable to enter such bridge on record as a county bridge, but shall consider it proper to assist such township or townships or such city of the third class or such borough in building the same, they may either build such bridge, or any portion or portions thereof, or furnish such township or townships or city of the third class or borough the whole or part of the money necessary to build it, without entering such bridge on record as a county bridge.

(755 amended July 15, 1935, P.L.1037, No.345)

Section 756. Record to Be Kept by County; Maintenance, Repair and Rebuilding by Township or Municipalities.--The county commissioners shall keep a record of all their proceedings in such cases, and such bridges shall be maintained, kept in repair and rebuilt when necessary by the respective townships, boroughs or cities of the third class, and the county shall not be liable for the costs of the maintenance, repair or rebuilding of the same, or any part of such cost: Provided, however, That in case the report of a board of viewers appointed by the court for the purpose, duly approved by the grand jury and the court, shall set forth that the cost of the repair or rebuilding of such bridge is greater than it is reasonable that the said township or townships, borough, or city of the third class should bear, then it shall be lawful for the county commissioners of the county in which such bridge is located to furnish such township or townships, boroughs, or city of the third class either the whole or part of the money necessary to repair or rebuild such bridge or bridges, as the said board of county commissioners may deem just and proper.

(756 amended May 23, 1933, P.L.958, No.193)

Section 757. Entering on Record as County Bridge.--Whenever the county commissioners of any county have heretofore assisted, or shall hereafter assist, any township or borough in the building of the whole or any portion of a bridge, and it shall afterwards appear to the commissioners and to the court of quarter sessions that the care, maintenance and responsibility of said bridge is greater than it is reasonable that the said township or borough should bear, they may, with the approval of said court, enter such bridge upon record as a county bridge, and it shall thereafter be a county bridge the same as if it had originally been so entered on record.

Section 758. Borough and Township Bridges Donated to County.--Whenever a public bridge has been built or maintained by any borough or township, or both, or by any two townships, and used by the public for travel, the county commissioners may take the same as a county bridge whenever the proper authorities having the maintenance, supervision and control of such bridge shall tender the same to said county commissioners free and without charge therefor. Any bridge so taken shall thereafter be maintained and kept in repair as a county bridge.

2. On Action of County Commissioners:

Section 771. Bridges and Approaches Authorized.--The county commissioners of any county, upon the approval of a grand jury and of the court of quarter sessions, may locate, lay out, open, construct and maintain public bridges across any river or stream, whether such bridge is wholly or partly within any city, borough or township therein, together with such bridge approaches, viaduct or other approaches as the county commissioners or a majority of them may deem necessary or convenient for the purpose of connecting any such bridge with the existing streets or public roads in such cities, boroughs or townships, and to that end may take, enter upon, appropriate property and rights of property of all kinds, whether devoted to a public or private use, for the purposes aforesaid, and for the necessary slopes, piers, walls, abutments, fills and embankments, in the manner and subject to the restrictions and procedure provided in article seven of this act, and may enter upon or over any street, public highway or public road in such cities, boroughs or townships.

Section 772. Plans and Surveys; Petition to Quarter Sessions.--Whenever the county commissioners of any county shall resolve to exercise any of the powers conferred by the preceding section, they shall cause to be prepared plans and surveys showing the location of the proposed bridge, and its approaches, and the property or rights of property affected thereby, together with any streets or public roads in any city, borough or township proposed to be used in connection therewith, and they shall present the same, together with their petition on behalf of said county, to the court of quarter sessions, praying for authority to locate, lay out, open and construct such bridge. Such petition shall briefly describe the location and the estimated cost of such bridge, or, if the method of construction has not been fully deter-mined, the estimated cost thereof for each alternative method of construction proposed.

Section 773. Hearing and Decree.--Upon the filing of any such application or petition, the court shall fix a time for the hearing of the same by and refer the same to the grand jury. Notice of the time, place and purpose of said hearing shall be given, by an advertisement published once a week for three successive weeks in at least one newspaper of general circulation in such county, and by handbills posted in conspicuous places along or in the neighborhood of the proposed bridge and its approaches, or otherwise as the court shall direct.

If the grand jury, by a majority vote, shall approve said application or petition, it shall thereupon certify its approval to said court, whereupon the court shall make an order fixing a time, not less than ten days thereafter, for the filing of exceptions thereto. Upon the hearing thereof, the court may, for proper cause shown, disapprove of said application, otherwise it shall make an order approving the location and the plans and surveys therefor and authorize such county to construct such bridge and its approaches and to let a contract or contracts therefor, under specifications to be prepared by the county engineer or other proper county authority. Thereupon the said bridge and its approaches shall be deemed to be laid out and opened in accordance with the surveys and plans accompanying said petition.

Section 774. Approval of State or Federal Officers, Board or Body; Change in Location.--Where the proposed bridges crosses any navigable stream or other public water, or the property, rights of property or rights of way of any railroad or other public service corporation, and, by reason thereof, the approval of any State or Federal officer, board or body is required as to the location and construction of such a bridge or its approaches, such county shall be deemed to have full and complete authority to construct such bridge in such other location and in such other manner as may be necessary to comply with the conditions prescribed by such officer, board or body in granting such approval: Provided, The county commissioners of such county be of the opinion, and by resolution duly adopted by a majority vote so decide, that the bridge as thus changed is necessary for the convenience of the traveling public, and will accommodate substantially the same traveling public as the bridge would have done if it had been constructed at the location and in the manner originally provided.

Upon the adoption of any such resolution, and prior to the construction of such bridge, and the entry upon and taking of property for that purpose, such county, through its county commissioners, shall present its petition to the court of quarter sessions of said county, briefly setting forth the facts as to the obtaining of such approval, and the change made in consequence thereof, and the adoption of such resolution, together with plans and surveys showing the new location and manner of construction, and an estimate showing the cost of the construction of such bridge as thus changed, and, if the proceedings shall appear to be regular, the court shall make an order fixing a time, not less than twenty days thereafter, for the filing of exceptions thereto. Notice of the time and place of hearing on said exceptions shall be given by advertisement, published once a week for two successive weeks, in at least two newspapers of general circulation in such county, and by handbills posted in conspicuous places along or in the neighborhood of the proposed bridge and its approaches, or otherwise as the court shall direct, having regard to the circumstances of the case. Upon the hearing thereof, the court may, for proper cause shown, disapprove of said petition, otherwise it shall thereupon make a decree authorizing and empowering said county to contract such bridge in accordance with such new plans and surveys, and thereupon such bridge shall be deemed to have been laid out and opened in accordance with such plans and surveys.

Section 775. Contracts for Special Use of Bridge.--The county commissioners of any county may make and enter into contracts or leases with any street railway, telegraph, telephone, or other corporation or persons, desiring to make use of said bridge and its approaches for other than ordinary public foot or vehicle traffic, and with the successors and assigns of such corporations, for the concurrent use of such portion of said public bridge and approaches as shall not substantially impair or restrict the public use and enjoyment thereof, upon such terms and conditions as shall be agreed upon, or to charge tolls or rentals for such special use. No such contract or lease shall be entered into for a longer period than twenty years, nor unless such contract or lease shall be first approved by the Public Service Commission of this Commonwealth.

Section 776. Consent of City or Borough.--Should any board of county commissioners, in the exercise of the powers herein conferred, deem it necessary or advisable to enter upon any street or public highway in any city or borough, or to take any other action affecting the property, rights or authority of any such city or borough, for the purpose of constructing or maintaining any such bridge, with its approaches and other appurtenances, or otherwise, the consent thereto of such city or borough by ordinance shall be first had and obtained.

Section 777. County Authorized to Contract With City or Borough.--When such bridge is proposed to be located or erected in any city or borough, the county may agree that such city or borough may bear a portion of the cost of the locating, laying out, opening and constructing of such bridge, and its approaches and appurtenances, and that the city or borough may provide the approach therefor, and bear the cost of the maintenance of any approach within the respective city or borough, as shall be agreed upon between any such county and such city or borough. All such agreements shall be entered into in writing, and at least one executed copy shall be furnished to each county, city and borough becoming a party thereto.

Section 778. Appropriations and Tax Levy.--Any county constructing a bridge under the provisions of subdivision (b), 2, of this article, may appropriate and pay out of the general county funds all moneys necessary for said purposes, and may levy, assess and collect taxes for the purposes aforesaid on all real and personal property within said county now or hereafter taxable for county purposes in addition to all other taxes.

Section 779. Incurring of Indebtedness.--Any county constructing a bridge under the provisions of subdivision (b), 2, of this article, may, pursuant to a resolution adopted for that purpose by a majority of the county commissioners of such county, borrow money and incur indebtedness for the purpose aforesaid, to an amount not exceeding the limit of indebtedness prescribed by the Constitution of this Commonwealth, in compliance with the laws regulating the manner of increasing such indebtedness, and may also fund any indebtedness incurred for the purpose aforesaid. It may issue as evidence of such indebtedness registered and coupon bonds, or either of them, payable within thirty years from the date of their issue, and bearing interest at a rate not exceeding six per centum per annum payable semiannually, which bonds shall not be sold at less than their par value and accrued interest. Such county may also levy and collect taxes on all taxable property in such county, in addition to all other taxes, for the purpose of paying such indebtedness and interest thereon. Any county incurring such indebtedness shall, at or before the time of incurring the same, make provision for a sinking-fund to pay at maturity all indebtedness so incurred and interest thereon.

Section 780. To Be County Bridge; Maintenance and Expenses.--All such bridges shall be county bridges, and the duty of maintaining the same shall, except as otherwise herein provided, devolve upon the county, and the expense thereof shall be paid out of the general county funds provided for that purpose.

Section 781. Collection of Tolls to Pay off Indebtedness in Second Class Counties.--That hereafter in all counties of the second class whenever it is necessary in the location, construction or purchase of any bridge, as provided for under article nine (9) of this act, to issue bonds in payment of same, including the approaches thereto, the damage sustained by the owner or owners of lands or buildings taken in the location, construction or purchase thereof, and including reasonable fees for necessary legal services required in such location, construction or purchase, the county commissioners may, if the cost of such bridge is in excess of one million dollars ($1,000,000), assess, supervise and collect tolls, for the use of such bridge for all vehicle traffic, as may be necessary to pay the interest on said bonds and to create a sinking fund for the payment and redemption of the same within thirty years from the date of the issue thereof, and to pay also the costs and expenses of operating, maintaining and repairing such bridge between the time of the location, construction or purchase thereof and the date of the redemption of the last of said bonds to be redeemed by such tolls. In no case shall any tolls be collected after the redemption of the original bonds issued.

(781 added June 1, 1933, P.L.1140, No.284)

3. Between Municipalities on Petition of Resident Taxpayers:

Section 791. Petition for Bridge or Culvert; Appointment of Viewers.--Whenever any city and borough or township, or any borough and township, are separated by a river, creek or rivulet, the court of quarter sessions of the county in which said city and borough or township are situated, upon petition by not less than twenty-five resident taxpayers of said county, representing that the erection of said bridge or culvert over said river, creek or rivulet is necessary for the accommodation and convenience of public travel, and praying that the county shall erect a bridge or culvert over such river, creek or rivulet, and between such city and borough or township, shall appoint three viewers, from the county board of viewers, to view the locality suggested in said petition for a bridge or culvert, and to make report of their proceedings to the court at the next term thereof.

Section 792. Duties of Viewers.--The viewers, after having given three weeks public notice, in at least one newspaper published in said county nearest the locality of the proposed bridge or culvert of the time and place of their meeting, and after having been severally sworn or affirmed to perform the duties of their appointment justly and with fidelity and a true report to make, shall view the locality mentioned in the petition asking for their appointment. If they shall find that there is occasion for a bridge or culvert as prayed for, they shall proceed to locate the position for the same, having due regard to the convenience and accommodation of public travel and the estimated or probable cost thereof.

Section 793. Report of Viewers.--The viewers shall make report of their proceedings to the next term of said court, or at such other time as the court may direct, and in their report shall state:

First. Who of them were present at the view, and whether they were severally sworn or affirmed to perform the duties of their appointment justly and with fidelity and a true report to make.

Second. Whether the bridge or culvert desired is necessary for the accommodation and convenience of public travel and the estimated cost of the same.

Third. If their report is favorable to the erection thereof, the place where they have located said bridge or culvert.

If the report of the viewers favors the erection of a bridge or culvert, they shall attach to their report a map or draft setting forth the location thereof.

Section 794. Proceedings Subsequent to Report of Viewers.--Upon presentation of said report to the court, if the court shall approve of the same, it shall be confirmed nisi. After such confirmation, said report shall immediately be presented to the grand jury, and if it shall appear to them that the erection of said bridge or culvert is necessary for the accommodation and convenience of public travel they shall approve the same. After such approval, said report shall at once be presented to the county commissioners, who shall either approve or disapprove the same. If the report is approved by them, and if no exceptions are filed thereto within ten days after its approval by the county commissioners, the confirmation of the said court shall be made absolute, and the county commissioners shall record the same as a county bridge or culvert, and shall at once proceed to construct said bridge or culvert with the necessary approaches. After its construction they shall maintain and keep the same in good repair at the expense of said county.

Should the county commissioners, for a period of two years after presentation of said report to them following the confirmation nisi by the court and the approval thereof by the grand jury, neglect or refuse to approve or disapprove of said report, then the court shall, on application by any of the original petitioners for said bridge or culvert after due notice to the county commissioners, if no sufficient cause be shown to the contrary, order the confirmation of said report to be made absolute and direct that the same be recorded as a county bridge or culvert and that the commissioners shall at once proceed with the construction thereof and of all necessary approaches.

Section 795. Ground for Approaches.--For the purpose of securing the proper and necessary approaches for said bridge or culvert, the commissioners of the county in which such approaches are situated, if unable to procure suitable land therefor, may enter upon and occupy sufficient ground for said approaches, and may take, injure and destroy the same in the manner and subject to the restrictions and procedure provided in article seven of this act.

Section 796. County Commissioners May Purchase Bridges Already Erected.--If instead of building a new bridge, the county commissioners can purchase any bridge already erected at a cost not exceeding ten per centum of what a new bridge can be built for, they may make such purchase upon the recommendation of the viewers. Such viewers shall also in their report file an estimate of the actual value of such existing bridge or what said bridge can be built for. The amount expended by the county commissioners for such purchase shall not exceed the estimate filed by the viewers.

Any street car company having the right of passage over any such bridge shall continue to exercise said franchise after the purchase of such bridge by the county.

Section 797. County Commissioners May Borrow Money.--For the purpose of carrying into effect the provisions of subdivision (b), 3, of this article, the county commissioners are hereby authorized to borrow any sum of money, not exceeding the constitutional limitation, if necessary for the purpose aforesaid, at a rate of interest not to exceed five per centum, and to issue bonds therefor.

4. Joint Action of Counties or County and City:

Section 801. Building or Rebuilding.--Whenever it is necessary to erect a bridge on the boundary line between two counties, either to take the place of an intercounty bridge which has become insufficient for any cause to accommodate public travel or to provide a new bridge where none has previously been, such counties may jointly build or rebuild such bridge, after first having obtained the approval of a grand jury and the court of quarter sessions in each county.

Section 802. Joining With City.--When such bridge is on the dividing line between two counties, which is also the dividing line between one county and a city in the other county, and such city has authority to build or rebuild such bridge, or to join with any county therein, said county may join with said city in the other county in building or rebuilding such bridge. In such case the approval of a grand jury and the court of quarter sessions of the county so joining with a city only shall be required.

Section 803. Cost Status.--The cost of such bridge shall be paid in such proportions as shall be agreed upon by the two counties, or by the county and city so joining. Such bridge when built shall be an intercounty bridge, and be subject to all provisions of existing laws relating to inter-county bridges.

Section 804. Taking of Lands.--Whenever in the construction of a bridge lands are taken in any county joining in such construction, and damages are sustained by the owner or owners of such lands, the county commissioners in the county where the lands are located, when possible, shall enter into an agreement with such owner or owners as to the amount of damages to be paid to such owner or owners. If a satisfactory agreement cannot be made as to said damages, they shall be ascertained and paid in the manner and subject to the restrictions and procedure provided in article seven of this act. The damages shall in either event be paid by the county in which the lands are located.

1. Toll Bridges:

Section 811. Purchase or Condemnation.--On petition to the court of quarter sessions by at least twenty taxpayers of any county wherein a toll bridge is situated, representing that said bridge is necessary for the accommodation of public travel and that payment of tolls on such bridge is burdensome to the traveling public, and praying that the same shall be taken as a county bridge, and the approval of such petition of the court such county may purchase or condemn such toll bridge.

Section 812. When Price Cannot Be Agreed Upon.--If the county desiring to obtain any such bridge, with the approaches and appurtenances thereto, is unable to agree with the owner or owners of the bridge upon the price to be paid therefor, it may take and obtain the same in the manner and subject to the restrictions and procedure provided in article seven of this act.

Section 813. To Be Public Bridge; Tolls or Rentals for Special Use; Preservation of Existing Contracts.--Whenever any such bridge shall be purchased or condemned, the county shall control, maintain and use the said bridge as a public bridge, free from tolls, but it shall have power to charge tolls or rentals for the use thereof from railway, telephone, telegraph companies and other persons making a use thereof for other than ordinary public foot and vehicle travel. Where contracts exist between such persons and the owners of the bridge, such contract shall be preserved for the benefit of the county and shall be assigned thereto.

2. Acquiring and Rebuilding Bridges Privately Owned or Built by Public Subscription:

Section 821. Rebuilding When Destroyed or Abandoned.--The county commissioners of any county may take charge of or rebuild and reconstruct any bridge owned and maintained by corporations where the same has been destroyed by ice or otherwise within ten years, or abandoned by the owners, where such bridge crosses any stream or river running into or through such county.

Any bridge used exclusively for vehicles and foot purposes over any stream or river forming the boundary line between two counties, being on the line of a public highway, or deemed necessary for the use of the traveling public, and owned and maintained by corporations or by private persons, or which was built by public subscriptions, which has been destroyed by ice, flood or otherwise at any time, or which has been or may be abandoned, and the site or location and piers and abutments no longer used by the owners may be rebuilt and maintained jointly as a county bridge by the county commissioners of such counties and the costs and expenses of such joint reconstruction shall be paid by the said counties respectively in the proportion of the population thereof as ascertained at the last census.

Section 822. Mandamus on Petition of Taxpayers if Commissioners Neglect or Refuse to Act.--If the commissioners of said county or counties shall neglect or refuse to act, as herein provided, then, upon the petition or petitions to the court or courts of common pleas of fifty property owners and taxpayers residing in each city, borough or township in which the bridge is or was located, said court or courts may issue a writ or writs of mandamus to said commissioners to proceed as provided by the preceding section. Such petition or petitions shall set forth fully all the facts and shall be supported by the affidavit of five of said property owners and taxpayers.

Section 823. Procedure When Damages Cannot be Agreed On.--When said commissioners have taken any piers, abutments, approaches, toll houses or other property necessary for the rebuilding and maintenance of any such bridge, or have taken or impaired any rights or franchises relating to the same, and are unable to agree with the owners upon the amount of damages they may sustain by reason thereof, such damages shall be ascertained and paid in the manner and subject to the restrictions and procedure provided in article seven of this act.

Section 824. Borrowing Money and Bond Issue Authorized.--For the purpose of carrying into effect the provisions of subdivision c, (2), of this article, the county commissioners are hereby authorized to borrow any sum of money, not exceeding the constitutional limitations, if necessary for the purpose aforesaid, at a rate of interest not exceeding six per centum, and issue bonds therefor, and may levy and collect taxes on all the taxable property in the county, in addition to all other taxes, for the purpose of paying the principle thereof and interest thereon. Said bonds shall be payable, at the option of the commissioners of the county issuing the same, after five years and within ten years from the date of issue.

(824 amended May 28, 1937, P.L.945, No.259)

3. Erected by Private Persons or by Public Subscriptions and Donated to County:

Section 831. Acceptance Taking Charge of and Entering on Record as County Bridge.--The county commissioners of any county may accept, take charge of and enter upon the records as a county bridge any bridge over any stream or river running into or through any county, which bridge has been erected and constructed at the expense of private persons, or by public subscriptions, and has been opened to free public travel, used by the public and become necessary and convenient for the use of the public, upon notice in writing of the persons who erected or caused the same to be erected, or by the subscribers to the original subscription on which the money was raised to erect the same, or the heirs or assigns of such persons or subscribers, or by a duly authorized board of trustees representing such persons or subscribers, of their desire to donate the said bridge to the county wherein the same is situated. Where such bridge crosses a stream forming the boundary line between two counties, the persons or their heirs or assigns, subscribers or trustees representing them, as aforesaid, shall give notice in writing to the county commissioners of each of said counties of their desire to donate such bridge to said counties jointly.

Section 832. Procedure for Determining Necessity of Bridge.--Before said bridge is accepted by the county commissioners, the question of its necessity shall be determined in the following manner: The said county commissioners shall, at the next term of the court of quarter sessions after receiving the notice, present the same to said court, and petition for the appointment of three viewers, and, where said bridge crosses a stream, being the boundary line between two counties, shall present the same to the court of quarter sessions of each county, for the appointment of three viewers by each of said courts. The viewers shall immediately fix a time of meeting, and give personal notice thereof to the county commissioners, and to all other persons by publication in two newspapers published in the county once a week for two consecutive weeks, the last publication of said notice to be not less than ten days prior to the meeting of said viewers. At the time fixed for said meeting, said viewers shall meet at the bridge, and, after being sworn to perform the duties of their appointment with fidelity and according to the best of their judgment, shall view the bridge and the approaches leading thereto, and hear any and all persons interested therein, and may if necessary, adjourn to a subsequent time or times. After a full consideration, the viewers shall report to the court of quarter sessions by which they were appointed at the next session thereof. Such report shall state that said viewers gave notice, and were sworn as required herein, that they met at the bridge in question and viewed the same, together with the approaches leading thereto, the condition of the bridge, and whether or not in their judgment the same is necessary and convenient to accommodate travel. The report of said viewers shall lie over until the then next session of said court, and, if no exceptions to the proceedings be filed in the meantime, the court shall confirm said report absolutely. The commissioners shall thereupon enter said bridge upon the records as a county bridge or joint county bridge as the case may be.

Section 833. Procedure if Exceptions are Filed.--In case exceptions to the proceedings provided in the preceeding section are filed within the time therein specified, the said proceedings shall stay until the exceptions are disposed of by the court in which they are filed. If said exceptions are sustained, proceedings de novo may be instituted at the next or any subsequent session of said court.

Section 834. Payment of Costs.--All costs shall be paid out of the treasury of the county. The owners of said bridge shall pay the amount of said costs into the county treasury in all such cases as the court by order may direct, and the county commissioners may require the owners of said bridges to file a bond together with their notice in a sufficient sum to secure the payment of the same.

4. Leasing of Toll Bridges:

Section 841. Leasing of Toll Bridges or Right to Use Same.--Whenever a toll bridge owned or maintained by a bridge company or corporation organized and existing under the laws of this Commonwealth shall span a river or stream in this Commonwealth, and such bridge or any portion thereof is or shall be used solely by the public for general highway purposes, or by the public for such purposes concurrently with the use of the same by any railroad company or street railway company engaged as a common carrier, and a majority of the county commissioners of any county, or of the respective counties interested, shall by resolution declare such bridge or any portion thereof necessary for the accommodation of the public for general highway purposes, and that the payment of tolls on such bridge is burdensome to the public using the same for such purposes, then and in any such event any such county separately or such counties jointly shall have the power to enter into a contract with such bridge company or corporation whereby such bridge company or corporation may lease to such county or counties such bridge, or such portion or portions thereof as may be used by the public for general highway purposes for the use of the same by the public for said purposes, free from the payment of tolls, at such rental or rentals and for such definite term of years, not to exceed twenty (20) years in duration, and upon such other terms and conditions as may be agreed upon, and as a majority of the county commissioners of such county or counties shall deem reasonable and proper, or enter into a lease with such bridge company or corporation providing for the use during a definite period not exceeding twenty years of any such bridge, or any portion thereof, by the public for general highway purposes free from the payment of tolls during the term of any such contract, subject to the concurrent use of such bridge or any portion thereof by any railroad company or street railway company engaged as a common carrier and making use of the said bridge or any portion thereof, which lease shall contain such terms of payment for such use by the public of such bridge, or any portion thereof, and such other terms, provisions and conditions as may be agreed upon, and as the county commissioners of said county or counties shall deem reasonable and proper.

Section 842. No Tolls to Be Charged.--No tolls shall be charged the public for the use of said bridge or any portion thereof for general highway purposes during the term of any such lease or any such contract.

Section 843. Payment of Rental and Expenses.--The rental or compensation to be paid to any such bridge company or corporation, and the expense of maintenance and repair, and any other expense and obligation, shall be born and paid by any such county, or by the several counties respectively in such proportions as may be agreed upon by the county commissioners or the county commissioners of the respective counties.

Section 844. Approval of Public Service Commission.--Any such contract, entered into under the provisions of this act, shall be approved by the Public Service Commission of the Commonwealth in the manner prescribed by law.

Section 845. Appropriations; Tax Levies; Indebtedness.--The several counties shall have power to appropriate money, levy taxes and to incur indebtedness for the purpose of complying with the provisions of any contract entered into under the provisions of subdivision (c), 4, of this article.

(d) JOINT ACTION WITH MUNICIPALITIES

Section 851. City Bridges Benefiting Neighboring Townships.--Whenever different parts of any city, or any part of such city and any township bordering thereon, are separated therefrom by any intervening valley or ravine, and the county commissioners of such county shall decide it necessary that a public bridge for the purpose of connecting the territories thus separated be constructed, and that such bridge will be of substantial advantage and benefit to the taxable inhabitants of the township bordering thereon, or townships adjacent thereto, such county may contract with such city for the laying out and construction by such city of such bridge, and may pay to the city such portion of the cost thereof as the county commissioners shall deem reasonable, and shall appropriate money, levy taxes, and incur indebtedness therefor.

Section 852. Municipal Bridges Where County Might Have Built Bridge.--Where under the provisions of existing laws, a city of the third class, a borough or a township of the first class is authorized to construct a bridge or viaduct over a river, creek or stream, or other place, over which the county is authorized to build bridges, and such municipality is authorized to contract with the county, and with railroads, street railways and other companies or parties interested for the building and maintenance of such bridge or viaduct, and for the payment of any damages caused by the location or erection thereof, the county commissioners may, with the approval of the court of quarter sessions, contract with such city, borough or township for that part or portion of the bridge or viaduct which crosses any of the places hereinbefore mentioned, including the abutments and piers thereof. Such part shall thereafter be maintained as a county bridge. In lieu thereof the county commissioners may, with the approval of the court, contract for any part or portion of the whole structure equal to or greater than the part or portion which the county might have built.

Section 853. Contribution Where County Might Not Have Built Bridge.--When such bridge or viaduct is built by a borough or township of the first class and does not cross any place over which the county is authorized to construct a bridge, but crosses merely railroad or railroads and private property, the county commissioners may, subject to the approval of the court of quarter sessions, contract to pay an amount of money not exceeding thirty per centum of the entire cost of the proposed bridge or viaduct. Such bridge or viaduct shall thereafter be maintained as a borough or township structure, and the county shall not be liable for any part of the cost of maintenance or repair thereof.

Section 854. Stipulations of Contracts.--The contracts herein provided for may stipulate that the county shall pay a certain part or portion of the whole contract price or cost of the work, including damages, or may stipulate that the county shall construct or pay for the construction of a certain part or portion of the work and may otherwise provide for the payment of the damages. The amount to be paid by the county shall be paid directly to the contractor as may be provided by the contract. The agreements may also provide for the maintenance of the viaducts and bridges after their erection.

Section 855. Contracts for Work.--After any such contract has been entered into, the county commissioners, in conjunction with the city, borough or township, shall have prepared plans and specifications of the entire work, and shall advertise for bids and award the contract to the lowest responsible bidder. Such contract shall provide that the county shall pay its certain part of such bridge or viaduct directly to the contractor. The contractor shall have a right of action against the county for the part of the contract which the county agrees to pay.

Section 856. Contracts May be Recorded.--Any of the contracts hereinabove provided for may be recorded in the recorder's office. Such record shall be notice to all persons who might be affected thereby.

Section 857. Purchase or Condemnation of Public Toll Bridges.--Where under the provisions of existing laws a borough or other municipality may purchase, condemn and maintain any toll bridge crossing any river or stream within the limits of such borough or municipality, and may enter into contracts with the county commissioners whereby the county shall pay a portion of the costs thereof, the county commissioners may, upon petition of at least twenty taxpayers of the county to the court of quarter sessions, and the approval thereof by the court enter, into such contract upon such terms and conditions as may be agreed upon for the purchase, appropriation or condemnation of such bridge. The contract may stipulate that the borough or municipality and county shall each pay a certain portion of the purchase price, or the damage allowed by any condemnation proceedings, and may also provide for the maintenance and repair of such bridge. The amount to be paid by the county shall be paid into the borough or municipal treasury and shall be applied solely to the payment of such bridge.

ARTICLE X

ROADS AND HIGHWAYS

(a) AUTHORIZATION, CONSTRUCTION AND MAINTENANCE

1. County Roads to Be Maintained as Such:

Section 871. Establishment of County Roads.--For the purpose of providing public roads specially constructed, improved and maintained, the county commissioners may, upon approval by a grand jury and by the court of quarter sessions, originally lay out and open any public road or highway, and take possession of and exercise control over any existing township road or highway, or part thereof, and make, construct and maintain public roads or highways as county roads within their respective limits. Either at the time of and in connection with the original improvement of such road, or at any time thereafter, they may straighten, widen, extend and alter any such road or part thereof, and vacate so much thereof as may become unnecessary and useless. Any road or highway so taken over or improved shall thereupon become a county road. It shall be the duty of the county to keep and maintain all county roads in repair, whether improved under this or former acts of Assembly, the expense thereof to be paid by such county in the manner hereinafter provided.

Section 871.1. Acquisition of Rights of Way of Abandoned Railroads.--The county commissioners of counties be and are hereby authorized to take over, in their discretion, for use as county highways, any abandoned rights of way or bridge of a railroad company, or any part thereof now or hereafter to be abandoned, for the purpose of relocating any existing or locating a new county highway.

When it is desired to relocate an existing or to locate a new county highway on any such abandoned rights of way or bridges of a railroad company, or any part thereof, the county commissioners, for and in behalf of the county, may, by amicable agreement, purchase such right of way or bridge, or such part thereof, as may be necessary for the relocating or locating of said county highway, from the owner or owners thereof at a fair price, to be approved by the court of quarter sessions of said county.

Whenever any such abandoned right of way and/or bridge of a railroad company, or any part thereof, is purchased under the provisions of this section, a county highway may be laid out and located thereon, and shall thereafter be constructed, improved, and maintained in accordance with existing laws relating to county highways. Any such bridge so taken over shall become a county bridge, and shall be maintained, rebuilt, and repaired in the same manner as county bridges.

(871.1 added June 9, 1931, P.L.401, No.146)

Section 872. Joint Action by Counties.--Such powers may also be exercised jointly by adjoining counties as to roads extending along and adjacent to county lines and from one adjoining county into another.

The procedure and jurisdiction in each county in such cases shall be the same as to the portion or portions of such public road or highway lying within its limits, except that the petition, plans and surveys of such road or highway shall describe and exhibit the portion or portions of such road or highway within the limits of such county and the portion or portions thereof extending along the line of or into an adjoining county. The several portions thereof lying within limits of each county shall be treated in all proceedings as one continuous road or highway.

Section 873. To Be County Road as Soon as so Decreed.--All roads, highways and parts thereof heretofore and hereafter decreed by the court, under this or any former acts of Assembly, to be a county road, shall be subject to the control and supervision of the county commissioners. Upon the decree or order making an existing township road, or part thereof, a county road, the same shall immediately be kept in repair, made, constructed and maintained by the county, and the town-ship relieved of any duty thereto as a township road.

Section 874. Maintenance and Repair of County Roads and Turnpikes.--The commissioners shall have prepared plans and estimates as often as required for the repair and maintenance of abandoned or condemned turnpike roads, and of all public roads or highways which may be originally located or improved as county roads, or which have been originally located or improved as township roads and have become county roads. They may invite proposals for maintaining and repairing such roads or parts thereof, in accordance with such plans and estimates, and award the contract therefor in like manner as contracts for new improvements, or they may make the necessary repairs themselves. For the purpose of making such repairs, the commissioners may employ or appoint the proper persons and buy the necessary materials, and buy or rent the necessary machinery. Counties may also lease any of its machinery to any political subdivision within the county, upon such terms and conditions as may be agreed upon.

(874 amended Apr. 8, 1937, P.L.261, No.65)

Section 875. Annual Tax.--The commissioners, or a majority of them, may levy, assess and collect an annual tax of not more than two mills upon the dollar upon all real and personal property within said county now or hereafter taxable for county purposes for the purpose of acquiring and securing a fund from which to pay all costs, damages and expenses required in locating, opening, building, improving, widening, straightening, extending, maintaining, repairing or vacating of the roads and highways or parts thereof covered by the provisions of subdivision (a), 1, of this article, and for the taking, using and enjoying of such land as may be necessary in constructing and maintaining proper slopes, embankments, fills and culverts. The moneys so raised shall not be used or expended for any other purposes than that named in this section, except for the maintenance, repair, construction and reconstruction of any county bridge or bridges whether or not located on a county road or roads. All warrants for the payment of any portion of the money raised for the purposes aforesaid shall be issued by the commissioners, or a majority of them, in the manner now provided by law in the several counties, upon estimates which shall be made from time to time by the persons charged with such duty. The amount and time within which the same shall be paid shall be fixed and determined in the contract made for the public work.

(875 amended May 23, 1933, P.L.959, No.194)

Section 876. Borrowing Money; Bond Issue; and Tax Levy.--The county commissioners may borrow money and secure any indebtedness created by them for the purpose of building, improving, repairing and maintaining the public roads and highways now constructed, or to be constructed as aforesaid, by issuing bonds in an amount not to exceed the limit of indebtedness prescribed by the Constitution of this Commonwealth, and may also levy and collect taxes on all taxable property within the county, in addition to all other taxes, for the purpose of paying such indebtedness and interest thereon. No such bond or indebtedness shall bear interest at a rate exceeding five (5) per centum per annum. The county commissioners shall not issue bonds in any one year to an amount exceeding one-half (1/2) of one (1) per centum of the total valuation of all property for taxable purposes in said county as shown by the last triennial assessment. The amount of bonds issued in any one year, in excess of one-tenth (1/10) of one (1) per centum of the total valuation of all property for taxable purposes in said county as shown by the last triennial assessment, shall be approved by the grand jury and the court of quarter sessions, except in cases where the purpose for which such indebtedness is incurred shall have been approved by the grand jury and the court of quarter sessions.

(876 amended May 28, 1937, P.L.942, No.258)

Section 877. Changing Part of Road Without View.--Whenever the board of commissioners deem it advisable to construct, change or alter any part of any public road under their supervision, and can agree with the property owners affected by such change as to damages, they may, upon payment of the damages agreed upon, change or alter such part of such public road as contemplated in such agreement without the formality of a view. This authority shall not extend to any change or alteration of any part of any public road the costs and expenses of which to such county, including damages, shall exceed three hundred dollars. A petition setting forth the facts, accompanied by a map or draft of such proposed change, shall be presented to the court of quarter sessions for approval before such actual change is made, whereupon the new location thus approved by the court shall be the public road to all intents and purposes and the old location shall be vacated.

Section 878. Assessment of Benefits in Second Class Counties.--Whenever in any county of the second class any road or highway shall be originally located, laid out or constructed, or relocated, opened, straightened, widened, extended or altered, or any part thereof vacated, the viewers appointed to assess damages for taking, injuring or destroying property, after having determined the amount of damages sustained, shall assess the whole or such part of such damages as may be represented by benefits upon the properties abutting on and benefited by such improvements. The remaining part of such damages, if any, not so assessed against the abutting properties, shall be paid by the county. The total assessments for benefits shall in no case exceed the total damages awarded and agreed upon.

The viewers shall, in such cases, file their report showing the balance struck between the damages awarded and the benefits assessed.

Section 879. Interest on Benefits Assessed.--All assessments for benefits in counties of the second class shall bear interest at the expiration of thirty days after they have been finally determined and fixed and shall be payable to the treasurer of the county.

Section 880. Liens for Benefits Assessed.--All liens for the assessment of benefits, pursuant to the provisions of the two preceding sections of this act, shall be filed, revived and collected by the proper officer of the county appointed and authorized so to do by the county commissioners in the manner provided by the general law.

No appeal taken shall prevent the filing or liens by any county for any assessment made by virtue of the viewers' report, but, upon the final determination of the issue, the court may make such order as to any lien filed that shall appear right and proper.

Section 881. Sidewalks Along County Roads in Second Class Counties.--Whenever considered necessary for the safety and accommodation of the public, the county commissioners, in counties of the second class, shall have power and authority to locate, construct, and maintain sidewalks along county roads or highways. The cost of the construction and maintenance of said sidewalks shall be paid by the county.

(881 added June 9, 1931, P.L.401, No.146)

Section 882. Lights Along County Roads in Second Class Counties.--Whenever considered necessary for the safety and convenience of the traveling public, the county commissioners, in counties of the second class, may supply and equip any county road or highway, or part or parts thereof, with lights of such kind and character as they shall deem necessary. To carry out the provisions of this section, the county commissioners are authorized to contract with any individual or with any municipal or private corporation for the purpose of supplying the necessary light. The cost of the construction and erection may, and the cost of maintenance of the said lights, shall be paid by the county.

(882 added June 9, 1931, P.L.401, No.146)

2. System of Main Thoroughfares Adopted, Laid Out and Constructed by County and Becoming Bor¬ough and Township Roads:

Section 891. Adoption of System of Main Thoroughfares.--The board of county commissioners may, within two years from the commencement of the improvement of the roads of the county in the manner provided by the following section of this act, cause to be laid out, surveyed and adopted a system of main thoroughfares which said board shall adjudge the proper roads to be established and specially constructed and improved. In adopting such system the commissioners shall consider the population and needs of all parts of the county, and make an equitable distribution of the roads to be specially constructed, located and improved by the said county. They shall cause a plan or plans to be made showing said system of proposed roads, the relation of the proposed roads to existing public roads which connect therewith or are to be supplied thereby, the names of abutting property owners, and also roads which already have been improved by the county. Upon approval of said plan or plans by the commissioners, they shall cause said approval to be engrossed upon said plans and certified over the signature of a majority. Said plans shall be filed for public inspection in the office of the commissioners, and recorded in the office of the recorder of deeds in a book to be provided for the purpose.

No part of the proposed roads of said system shall be an easement upon private property, or in any manner interfere with the use thereof, until established as a public road by the action of the court of quarter sessions.

Section 892. Improvement of Borough and Township Roads.--Whenever such system of main thoroughfares has been adopted, or when the adoption thereof is contemplated within two years after the commencement of such improvement, the commissioners may, upon approval by a grand jury and by the court of quarter sessions, as hereinafter provided, take exclusive control of and improve any public road or highway or section thereof located either wholly or in part in any borough or township within their limits, whether existing by their authority or laid out in whole or in part by virtue of this act or otherwise. For that purpose they may originally locate, lay out, establish in whole or in part, relocate, straighten, widen, extend, alter, and open public roads and highways, and construct and improve the same, and vacate so much of any roads as may be thereby rendered unnecessary and useless. Any road or highway, as established or altered, constructed and improved under the provisions of this section, shall, by ordinance enacted by the borough councils of the borough or several boroughs or by resolution adopted by the commissioners or supervisors of the township or several townships through which such road shall pass, become borough or township roads, and the duty of maintaining and keeping the same in repair shall devolve upon the proper township or borough through or into which the same extends.

Section 893. Plan of System to Be Followed; Variations.--After such plans have been adopted and recorded, either under the authority of this act, or in pursuance of the provisions of any law repealed by this act, all applications under the preceding section of this act to the court of quarter sessions shall be restricted and relate to the establishing, opening, construction and improvement of the proposed roads of said system or parts thereof, and the vacation of roads supplied by the portion opened and improved: Provided, That the commissioners, upon approval by a grand jury and by the court of quarter sessions as hereinafter provided, are empowered to relocate, straighten, widen, extend, alter and open, construct and improve the proposed public roads, as laid out, surveyed, marked and shown upon said plans of said system, or to originally locate, lay out and establish, construct and improve public roads which substantially supply said system or parts thereof, which although not parts of said system are deemed by the grand jury and court to be main thoroughfares of sufficient importance to be improved by the county, and to be added to said plan, and in such case to vacate so much of the roads of said system and of public roads already established, as may be rendered unnecessary by the changes or by an entirely new location.

Section 894. Improvement of Roads Not Part of Systems on Contribution From Parties Interested..--The commissioners may also originally locate, lay out and establish, in whole or in part, relocate, straighten, widen, extend, alter and open, construct and improve public roads not parts of said system nor deemed main thoroughfares, upon parties interested therein paying or securing to be paid, in a manner to be approved by the court of quarter sessions, such proportion of the cost of the original construction and improvement as the commissioners may deem just, which shall not be less than one-fourth of such cost in any case.

Section 895. Annual Tax.--The commissioners, or a majority of them, may levy, assess and collect an annual tax, of not more than two mills upon the dollar, upon all real and personal property within the county now or hereafter taxable for county purposes, for the purpose of acquiring and securing a fund from which to pay all costs, damages and expenses required in locating, opening, widening, straightening, extending, building, improving, maintaining, repairing, or vacating of the roads and highways or parts thereof improved under the provisions of subdivision (a), two, of this article, and for the taking, using and enjoying of such land as may be made necessary in constructing and maintaining proper slopes, embankments, fills and culverts. The moneys so raised shall not be used or expended for any other purpose than that named in this section. All warrants for the payment of any portion of the money raised for the purposes aforesaid shall be issued by the commissioners, or a majority of them, in the manner now provided by law, in the several counties, upon estimates which shall be made from time to time by the person charged with such duty, and the amount and time within which the same shall be paid shall be fixed and determined in the contract made for the public work herein authorized.

Section 896. Borrowing Money and Bond Issue.--Any county may borrow money and secure such indebtedness by issuing bonds for the purpose of building and improving the public roads and highways, or any part thereof, constructed under the provisions of subdivision (a), two, of this article, and may also levy and collect taxes on all taxable property within the county, in addition to all other taxes, for the purpose of paying such indebtedness and interest thereon. Such indebtedness shall not exceed in the aggregate one (1) per centum of the total of the assessed value of all property for taxable purposes in said county at the last preceding triennial valuation. No such bond or indebtedness shall bear interest at a rate exceeding four per centum per annum.

The county commissioners shall not issue bonds in any one year to an amount exceeding one-half of one per centum of the total valuation of all property for taxable purposes in the county as shown by the last triennial assessment. The amount of bonds issued in any one year in excess of one-tenth of one per centum of the total valuation of all property for taxable purposes, as shown by the last triennial assessment, shall be approved by the grand jury and the court of quarter sessions, except in cases where the purpose for which such indebtedness is incurred shall have been approved by the grand jury and the court of quarter sessions.

(896 amended May 28, 1937, P.L.942, No.258)

3. Highways, Bridges, Tunnels, Subways and Underground Roads:

Section 901. Purchase, Location, Construction, Operation and Maintenance Authorized.--Counties may, whenever the commissioners shall deem it expedient so to do, and upon the approval thereof by a grand jury and by the court of quarter sessions, as hereinafter provided, cause to be purchased, located, constructed, operated and maintained a public highway, bridge, tunnel, subway or underground road, or highways, bridges, tunnels, subways or underground roads anywhere within the county, either wholly or partly within the territorial limits of cities, boroughs and townships thereof. Any highway, bridge, tunnel, subway or underground road purchased or constructed under the provisions of this act shall forever thereafter be a county highway, bridge, tunnel, subway or underground road, and the duty of maintaining and keeping the same in repair shall devolve upon the county. The expense thereof shall be paid by the county as hereinafter provided.

(901 amended June 9, 1931, P.L.401, No.146)

Section 902. Contracts or Lease for Special Use of Improvement.--The county commissioners may, subject to the approval of the court of quarter sessions, make and enter into a contract or lease with any street railway or transportation company, its successors and assigns, for the concurrent use of such a portion of said public highway, bridge, tunnel, subway or underground road, as shall not substantially impair or restrict the public use and enjoyment thereof upon such terms and conditions as shall be agreed upon. No such contract or lease for the concurrent use of a portion of such improvement shall be for a longer term or period than twenty years.

Section 903. Taking Street or Other Property of City or Borough.--Should any board of county commissioners deem it necessary or advisable to enter upon or appropriate any highway, street or property of any city or borough in the county, or take any other action affecting the property rights or authority of such city or borough, for the purpose of constructing or maintaining a highway, bridge, tunnel, subway or underground road, or in connection with the improvement of a highway, bridge, tunnel, subway or underground road, which has been or is about to be purchased by the county, or otherwise, the consent thereto of such city or borough by ordinance shall be obtained before the actual entering in or upon or the appropriation of such street, highway or property. After such entry and appropriation, the county shall be liable and charged with the supervision, control and maintenance of said highway, streets and properties, or so much thereof as is taken and used for the purpose of constructing and maintaining such highway, bridge, tunnel, subway or underground road, or in connection with the improvement of a highway, bridge, tunnel, subway or underground road purchased or to be purchased as aforesaid.

(903 amended June 9, 1931, P.L.401, No.146)

Section 904. Annual Tax Levy.--The commissioners or a majority of them may levy, assess and collect an annual tax, of not more than two mills on the dollar on all real and personal property within the county now or hereafter taxable for county purposes, for the purpose of acquiring and securing a fund from which to pay all costs, damages and expenses required in the purchasing, improving, locating, opening, constructing, maintaining and repairing public highways, bridges, tunnels, subways and underground roads purchased or constructed under the provisions of subdivision (a), three, of this article, and the taking, using and enjoying of such land as may be made necessary in constructing the same, and in maintaining proper slopes, embankments, approaches and termini for said public highways, bridges, tunnels, subways and under-ground roads. The money so raised shall not be used or expended for any other purpose than that named in this section. All warrants for the payment of any portion of the money raised for the purposes aforesaid shall be issued by the commissioners, or a majority of them, in the manner now provided by law in the several counties, upon estimates which shall be made, from time to time, by the person charged with such duty. The amount and time within which the same shall be paid shall be fixed and determined in the contract made for the public work herein authorized.

(904 amended June 9, 1931, P.L.401, No.146)

Section 905. Borrowing Money and Bond Issue.--Any county may borrow money and incur indebtedness, to an amount not exceeding the constitutional limitations for the purchase and improvement or construction of such public highways, bridges, tunnels, subways and underground roads, or for the purpose of funding any indebtedness incurred therefor, and may issue as evidence thereof registered or coupon bonds, payable within thirty years from the date of their issue, and bearing interest at a rate not exceeding six per centum per annum, payable annually or semiannually. Said bonds shall not be sold for less than their par value and accrued interest.

The commissioners, or a majority of them, may make provision for a sinking-fund to pay at maturity any bonded indebtedness which may be incurred as hereinbefore provided, and may levy and collect taxes on all the taxable property in the several counties, in addition to all other taxes for the purpose of paying the same.

(905 amended May 28, 1937, P.L.945, No.259)

4. General Provisions:

Section 916. Procedure to Obtain Approval of Quarter Sessions.--When the county commissioners shall resolve to exercise any of the powers conferred by any of the preceding sections of this article, they shall cause to be prepared surveys and plans of such road or highways, or such public highway, bridge, tunnel, subway or underground road, showing the improvement proposed to be made, together with any proposed changes in existing public roads or highways, and they shall present such surveys and plans, together with their petition, on behalf of such county to the court of quarter sessions praying for authority to make such improvement. Such petition shall briefly describe the proposed improvement, and the estimated cost thereof, and, if the method of construction has not been fully determined, the estimated cost thereof in each of several methods in which the improvement may be made.

On the filing of such application or petition, the court shall refer the same to, and fix a time for the hearing of the same by, the grand jury when in session. Notice of said hearing shall be given by an advertisement published at least ten days prior to the hearing, in two newspapers of general circulation in the county, which notice shall briefly describe the location of the improvement proposed to be made and the time, place and purpose of said hearing. If the grand jury, by a majority vote, shall approve the petition, it shall thereupon certify its approval to said court, whereupon the court shall make an order fixing a time, not less than five days thereafter, within which exceptions to said petition may be filed. Upon the hearing thereof, the court may, for proper cause shown, disapprove of said application; otherwise said court shall approve said application and shall thereupon order that said improvement shall be made and constructed in accordance with the plans and surveys accompanying the application. Thereupon any original location, re-location, opening, widening, straightening, extension, alteration or vacation of any road set forth in said proceedings, and the right to proceed with such improvement shall become absolute.

The words "improved," or "improvement," as herein used, mean each and every power conferred upon counties under the terms of any of the preceding sections of this article.

Section 917. Right of Eminent Domain.--For the purposes herein described, the county commissioners may enter upon private or public property, and may take, injure and destroy the same, in the manner and subject to the restrictions and procedure prescribed by article seven of this act.

Section 918. Contracts for Improvements.--After said surveys and plans, and the aforesaid applications to the court of quarter sessions have been approved by the court, and the road, highway, or the public highway, bridge tunnel, subway, or underground road, ordered to be made and constructed in accordance therewith, the commissioners or a majority of them shall invite proposals for the making and constructing of the same, or such part or parts of the same as the commissioners shall deem proper, by publication in at least two newspapers of general circulation published in said county, or, if no newspaper be published in said county, then in a newspaper or newspapers published in the nearest adjoining county, once a week for four consecutive weeks, fixing a time therein when such proposals will be opened and contracts therefor awarded. In addition to the notices so ordered to be given for publication, there shall be posted in the office of said commissioners like notices as those now given, inviting proposals for the construction and repair of all public highways and bridges. The contract as aforesaid shall be awarded by the said commissioners, or a majority of them, to the lowest responsible bidder. No contract shall be awarded for any of said public work until proper bonds shall be given for the faithful performance thereof, by the person or persons to whom the same shall be awarded, with proper security to be approved by said commissioners or a majority of them. Any incorporated company, doing business within any of said counties, authorized by law to become security for persons or corporations, may be taken and accepted as surety upon the bonds herein required to be given.

Section 919. Employment of Persons to Prepare Surveys, Plans and Estimates.--For the purpose of performing all necessary duties relating to the making of such improvements and keeping the same in repair, the county commissioners may employ or appoint proper persons to prepare surveys, plans and estimates, and do all necessary and proper work connected therewith, and shall fix the compensation of all persons so employed.

Section 920. Procedure Where Property is Left Without Outlet by Reason of Vacating of Part of Old Road.--Whenever by reason of the relocating, opening, widening, straightening or extending of any road or highway, or any part thereof, any part of the road or highway so relocated, opened, extended, straightened or widened shall become useless and vacated, and the property of one owner shall intervene between the new road or highway and the lands of another having no other outlet, by reason of said relocation, opening, extending, straightening and widening, it shall be the duty of the said county commissioners to obtain from the owner of said intervening property, and the owner of the said contiguous or adjoining land, an agreement for the transfer thereof from one to the other upon terms satisfactory to such parties. If the parties shall not agree to the transfer of the properties so intervening upon the new road, and any such lot or piece of land, in the opinion of the said county commissioners, be insufficient for building purposes, it shall be taken and used as part of said road or highway.

Section 921. Parties Making Application for New Road to Notify Local Road Authorities.--In all cases wherein any proceedings are about to be had before any board of commissioners, or courts of this Commonwealth, by petition to said courts or commissioners looking to the laying out, opening and construction of new roads for public use, it shall be the duty of the parties making application to the board of commissioners or to the courts for the appointment of viewers, reviewers or re-reviewers to lay out, open or construct such public road, to give written notice of such application to the supervisors or commissioners of roads and highways of the territory through which the proposed public road is designated to be laid out and constructed, of the time and place of such application, and of the time and place of the meeting of viewers, reviewers or re-reviewers. A copy of said written notice, properly attested, shall be filed among the records of the court having cognizance of the matters. Failure to comply with the provisions of this section as to such notice shall be sufficient grounds for an application to set aside whatever proceedings may have been taken of which said supervisors or commissioners of roads and highways had no written notice.

Section 922. Unlawful to Raise Highway Above Ordinary Grade Over Drain or Culvert.--In the construction or repair of any highway it shall be unlawful for the person or persons in charge of such construction or repair to raise such highway, or permit the same to be raised or elevated, above the ordinary grade thereof, when a drain or culvert shall be constructed under such highway, or when such highway shall be constructed or repaired over such drain or culvert.

(b) VACATION AS COUNTY ROADS

Section 931. Vacation as County Roads.--Upon petition of the county commissioners, the court of quarter sessions may vacate as a county road any portion or portions of any abandoned or condemned turnpike road, or any portion or portions of any turnpike road purchased by the county, or of any road the permanent location or improvement whereof has been ordered or made under this or former acts relating to county roads. All portions of such roads so vacated shall become and be township roads, unless such roads so vacated are within a second class county, in which event all portions of such roads so vacated shall become and be township roads if located within a township, or shall become and be borough or city roads if located within a borough or city. Written notice of the contents of said petition, and the time when the same will be presented to the court, shall be given by the county commissioners to the supervisors or commissioners of the township or townships, or to the council of the borough or city through which said road passes, at least ten days before the date of presenting the same. At the time said petition is presented, the court may fix a time for a hearing in open court, or refer the matter to an examiner to take testimony and report his findings to the court at such time as the court shall direct. At any hearing in open court, or before an examiner appointed by the court, all parties in interest may appear and be heard. After such hearing, the court, if it shall find that the conditions prescribed by this act have been complied with, may grant the prayer of the petitioners and make a decree accordingly, or make such order in the premises as to right and justice shall appertain. No order of vacation shall be made until the township, borough or city affected shall have consented thereto by an ordinance or resolution, certified to the court.

(931 amended Aug. 17, 1951, P.L.1243, No.289)

Section 936. Laying Out; Altering; Vacating.--Roads forming or intended to form a continuous highway from one county to another, which cross a river, creek or rivulet forming a boundary line between said counties, may be laid out or altered or vacated in the manner provided in the case of other roads, except that the court of quarter sessions of each county shall appoint three viewers, and that a report as aforesaid shall be made to each court respectively, and that each court shall otherwise have and exercise concurrent jurisdiction therein.

Section 937. Joint County Bridge on Line of Highway.--Whenever roads are laid out, altered or vacated, as referred to in the preceding section of this act, over a river, creek or rivulet, and in such laying out, altering or vacating of said road it becomes necessary to vacate an existing bridge, and construct a joint county bridge on a different site, the same viewers who view the laying out, altering or vacating of said road shall, at the same time, have the authority to locate a new joint county bridge on the route of the road as laid out, altered or vacated, and the report on the road and joint county bridge shall be made in the same report and shall be returned to each of the courts as soon as said report is completed: Provided, That in the petition for the view of the road, there is contained a request for relocation of said joint county bridge. Before any such road and joint county bridge shall be finally confirmed by the court, the same shall be approved by a grand jury and the court in each of the respective counties, and after the approval of such road and joint county bridge by said grand juries and courts, the report shall be confirmed "nisi" by the courts of each county, which report shall become absolute in thirty days unless exceptions thereto be filed in the manner provided by law. If exceptions be filed, the said courts shall hear said exceptions and make final decree, either confirming said report or setting it aside, as is now provided by law in similar cases.

Section 938. Erection and Maintenance of Bridge.--Any such bridge, when authorized and located, shall be erected, constructed, maintained, and kept in repair in the manner provided by Article IX of this act for bridges erected on the line of adjoining counties.

(d) PURCHASE AND CONDEMNATION OF TURNPIKES

Section 941. Purchase by County.--Twenty-five or more resident taxpayers of any county in which any turnpike road or highway, heretofore or hereafter constructed is wholly or partly located, and upon which tolls are charged, the traveling public, under any general or special law, may present their petition to the board of commissioners, setting forth that it would be for the best interests of the people of the county that such turnpike road or high way, or any continuous part thereof, extending to one of the terminal points of said turnpike road or highway, or lying within the limits of any borough, should be purchased by the county, and become a public road free from tolls and toll-gates. Whereupon the board of commissioners may enter into negotiations with the owners of said turnpike road or highway, or part thereof, for the purchase of the same, and, if the price therefor can be mutually agreed upon, it shall be paid by the board of commissioners.

The county commissioners of any county not having sufficient funds not otherwise appropriated to pay for any turnpike road or highway, or part thereof, purchased under the provisions of this section, may issue bonds of the said county in accordance with the Constitution and existing laws of this Commonwealth for that purpose.

The provisions of this section shall not apply to any turnpike road or highway, or part thereof, which now forms, or may hereafter form, a part of the State highway system of this Commonwealth.

Section 942. Condemnation.--If said board of commissioners and the owners of said turnpike road or highway or part thereof cannot agree upon the price to be paid for the same, the said board of commissioners may take and obtain possession of the said turnpike road or highway, or any part thereof, in the manner and subject to the restrictions and procedure provided in article seven of this act, and make the same a public road free from tolls and toll-gates.

Section 943. Maintenance.--Said road so made free of tolls, either by negotiations or condemnation proceedings, as aforesaid, shall be properly repaired and maintained at the expense of the city or borough in which the road or part thereof lies, or, in case such road or part thereof lies within a township or townships, then by the county, unless the board of supervisors or commissioners of the township accept the same and signify such acceptance in writing filed in the office of the court of quarter sessions. In such case the road shall become a part of the road system of said township, and shall thereafter be maintained in the same manner as other roads legally laid out in said township.

Section 944. Proceedings When Turnpike is on Boundary Line Between Two Counties.--In case the said turnpike road or highway, which it is desired to have made free of tolls and toll-gates, is located in whole or in part upon the line dividing any two counties, the petition required shall be signed by twenty or more resident taxpayers of each of said counties, and the duties imposed in said section upon the commissioners of the one county shall be exercised by the commissioners of both counties acting together, and the amount to be paid for said turnpike road or highway, as agreed upon by the said boards of commissioners and the owners thereof, shall be apportioned between and paid by the two counties as agreed upon by said boards of commissioners.

If the said boards of commissioners and the owners of said turnpike road or highway, or part thereof, cannot agree upon the price to be paid for the same, the said boards of commissioners may take and obtain the same in the manner and subject to the restrictions and procedure provided in article seven of this act. In such case, proceedings shall be instituted in the courts of common pleas of each county, and three viewers shall be appointed by each of said courts, and the said courts shall, together with the commissioners of the respective counties, in all other respects have and exercise concurrent jurisdiction and discretion therein. Exceptions to the report of the viewers may be filed in, and appeals therefrom made to, the courts of common pleas of either county, in which case the courts of said two counties sitting together shall hear and determine the same in the manner and subject to the restrictions and procedure provided for exceptions and appeals in article seven of this act.

The damages for the appropriation of any such turnpike road or highway, or any part thereof, shall be apportioned by said viewers between the two counties.

Section 945. To Be Public Highway.--Whenever any turnpike road or highway, or part thereof, shall be purchased or condemned, it shall become a public highway free from tolls and toll-gates.

If only a part of any such turnpike road or highway shall be condemned, nothing herein contained shall be taken to abridge the right of the company owning or operating such turnpike to maintain toll-gates and collect tolls upon the remaining parts of their road not taken. It shall not be lawful so to condemn any portion of such turnpike road or highway unless such portion extend to one of the terminal points of such turnpike road or highway, or is a portion lying within the limits of any borough incorporated under any general or special law, and unless such portion be a continuous portion.

Section 946. Abandoned Turnpike Running Through Unseated Lands to Be Kept in Repair by County.--Where any turnpike company abandons any turnpike or part thereof, running through unseated lands, and where any such abandonment is authorized by the proper authorities of any turnpike company, and official notice is given to the supervisors of the proper township that such turnpike company has abandoned all its rights, interest and title to such turnpike, or part thereof, and where by acceptance or user such abandoned 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 board of commissioners of the proper county.

(e) COUNTY AID TO MUNICIPALITIES AND TOWNSHIPS

Section 951. Municipal Streets Connecting Two Ends of County Road.--When a city or borough intervenes between two ends of a county highway, and the municipality has failed to properly improve the municipal streets or highways constituting the shortest and most reasonable route through said municipality which will connect the two ends of such highway, the board of commissioners may contract with the corporate authorities of the municipality that the shortest and most reasonable route through said municipality connecting the two ends of such highway be improved.

Section 952. Municipal Streets at Terminus of County Road.--When a county highway terminates at the corporate limits of a city or borough, in the same or in another county, and connects with a municipal street or alley which the municipality has failed to properly improve, and the board of commissioners of the county in which the municipality is located deem the improvement of such municipal street or alley necessary in order to make such county highway easily accessible to the residents of the municipality, or to the traveling public, the county commissioners may contract with the corporate officials of the municipality that such municipal street or alley or any part thereof be improved, and also that there be improved when necessary any part or parts of the streets connected therewith which connect said county highway with the business district or districts of said municipality, or with a system of improved streets therein, or which connect the said highway with another county highway terminating at the limits of said municipality. If several municipalities are contiguous to each other, and at the corporate limits of any one of them a county highway terminates, and one or more of such municipalities have failed to properly improve any municipal street or alley therein, and the county commissioners deem the improvement of such street or alley necessary in order to make such highway easily accessible to the residents of the municipality, or to the traveling public, the board of commissioners may enter into a similar contract with the corporate authorities of such municipality or municipalities.

Section 953. Improvements.--The board of commissioners may widen, repave, or otherwise improve said municipal streets and alleys whenever the same is necessary to accomplish the purpose herein conferred. Whenever such improvement is made to a municipal street or alley, the county may pay the total cost of such improvement, or the cost may be divided between the municipality and county. The contract for any such improvement may be taken by the county upon the stipulation by the municipality to pay its proportionate share of the cost, if any, upon the completion of the work, or it may be taken by the municipality upon a like stipulation of the county, or the improvement may be made by joint contract.

Section 954. Maintenance.--Before any municipal street or alley is so improved, the board of commissioners and the proper corporate authorities of such municipality shall agree upon the maintenance of such municipal street or alley. Such agreement may provide that such municipal street or alley shall be kept and maintained in good repair by the municipality, in which case, upon the completion of said road, all further liability and responsibility of the county shall cease and determine, or it may provide that it shall be kept and maintained in good repair by the county, and the share of the municipality shall be paid annually to the county.

Section 955. Contracts With Borough, Township or Incorporated Town.--The board of commissioners may enter into a contract or contracts with the authorities of any borough or township, or any incorporated town, providing that the said board of commissioners shall construct an improved highway or highways in a similar manner as a county highway. The expense or cost of said construction shall be borne jointly by the borough, township or incorporated town and the county, in such ratio or proportions as may be agreed on in said contract or contracts, irrespective of whether the municipality intervenes between two ends of the county highway or not, or whether or not the municipality is the terminus of a county highway, State highway or township road.

Section 956. Payment.--Payment for the construction of said highway or highways shall be made by the county, which shall be reimbursed by the borough, township or incorporated town in such sums as agreed upon in said contract or contracts, upon presentation to them from time to time of estimates and bills for work already performed and paid for.

Section 957. Repair and Maintenance.--Any such highway constructed jointly shall be repaired and maintained at the expense of the county, but nothing shall prevent the authorities of a borough, township or incorporated town from entering into a contract or contracts with the board of commissioners for the maintenance of said improved highway under such terms and conditions as may be mutually satisfactory.

Section 958. Municipal Road Leading to End of County Bridge.--When a public road leading to either end of a county bridge, across any stream ten hundred feet wide or over, is laid out and confirmed by the court and not opened, the court of quarter sessions may, upon petition of citizens of the city, town, borough or township through which the said road is located, setting forth that the expenses of the construction is too burdensome to the taxpayers of said city, town, borough or township, order the county commissioners to prepare plans of said public road not exceeding one-fourth mile in length from the end of such bridge. Such plans shall be submitted to the court. Such time shall be fixed for filing exceptions to said proceedings as the court shall deem proper. If no sufficient cause is shown to the contrary, the court, if it approves thereof, shall authorize the boards of commissioners to construct said road according to the plans and survey accompanying said proceedings. Upon the approval of the same by the board of commissioners, they shall proceed to open such road at the expense of the county.

Section 959. Where Center Line of Highway is Boundary Between City or Borough and Township.--Whenever the center line of any highway constitutes the dividing line between any city or borough, and a township located in the same county, the board of county commissioners and the commissioners or road supervisors of such township may enter into a contract with the city or borough providing for the grading, curbing and macadamizing or paving of the roadway of said highway. The cost thereof shall be borne one-half by the city or borough and one-half by the county and township in equal portions.

Section 960. Alteration or Improvement.--The said alteration or improvement shall be constructed, and subsequent repairs shall be made, under the supervision of the proper authorities of the city or borough, in compliance with existing laws governing the construction of such alterations or improvements in said city or borough, and in further compliance with plans and specifications to be agreed upon in writing between the said city or borough and the board of commissioners of the county and commissioners or road supervisors of the township. The cost of repairs shall be borne one-half by the city or borough and one-half by the township, or by the county and township in equal portions, or such other proportion as may be agreed upon by the county and township.

Section 961. Where Center Line of Highway is Boundary Between Township and City in Adjoining County.--Whenever the center line of any highway constitutes a dividing line between a township and a city located in an adjacent county, the board of commissioners of the county and the commissioners or supervisors of such township may enter into a contract with the city providing for the grading, curbing, macadamizing or paving of the roadway of said highway. The cost thereof shall be borne one-half by the city and one-half by the township and the county in which such township shall be situated in equal portions.

Section 962. Alteration, Improvement and Repairs.--Said alteration or improvement shall be constructed and subsequent repairs shall be made under the supervision of the authorities of the city, in compliance with existing laws governing such construction or improvement of such city, and in further compliance with plans and specifications to be agreed upon in writing between such city and board of commissioners of the county and the commissioners or supervisors of the township. The cost of repairs shall be borne one-half by the city and one-half by the township, or by the county and township in equal portions, or such other proportion as may be agreed upon by the county and township.

Section 963. Improvement on Order of Common Pleas.--In all cases in which it shall be found impossible to enter into such contracts or agreements, or where either the city or the township or the county in which such township is situated shall refuse to enter into such contract or agreement, it shall be lawful for either the city or the county or township to present its petition to the court of common pleas of either county, setting forth the facts and circumstances, including the condition of the highway, from which the necessity and desirability for the grading, curbing, macadamizing or paving of the roadway appears, and the estimated cost thereof, and that the terms of such contract cannot be agreed upon by the city and county or township or either or any of them, or that either such city or the county or township or any or either of them refuses to enter into such contract. Such petition may pray that such court may, after bearing all the parties concerned, make its order or decree, defining the nature and character of the improvement reasonably necessary or desirable to be made to the roadway, and requiring the parties hereinabove specified to enter into a contract or contracts for the making and constructing of the same as herein provided for. A copy of said petition, duly certified, shall be served upon the city or county and township concerned, other than the petitioner, with notice of such day as may be fixed by the court for the hearing. Thereupon either or both of the parties served with such notice shall be entitled, on or before such date, to file in the court its answer to said petition, setting forth its version of the facts, or such other matters in relation thereto as may be deemed necessary or proper by it.

The court, upon the date so fixed, or at such other time as it may appoint, shall hear the evidence of the parties, or it may refer the matter to a master, who shall hear the testimony of the parties and report his findings, in the same manner and under the same procedure as provided by the rules in equity in similar cases, to the court, which may reject, confirm or modify the same, and may make its decree or order directing the making of such alterations or improvements to the roadway as may be deemed reasonably necessary or desirable, and providing for the sharing of the cost of such improvements, one-half by the city and one-half by the county and township in equal portions. Said order or decree may further provide that the repairs to such alterations and improvements subsequently required shall be borne one-half by the city and one-half by the county or township in equal portions, or such other proportions as between the county and the township as such court may find to be legal and proper. Thereupon the grading, curbing, macadamizing or paving of the roadway of such highway shall proceed in accordance with the decree or order of the said court, in the same manner as if the contract or agreement had been entered into and duly executed.

Section 964. Guards or Barriers Along Township Roads.--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 the erecting of such guards or barriers requires more expense than it is reasonable the township should bear, the court of quarter sessions having jurisdiction shall, on the representation of the supervisors, or on the petition of any of the inhabitants of such township, order a view. If, on the report of the viewers, it shall appear to the court, grand jury and commissioners of the county that such guards and barriers are necessary, and would be too expensive for such township, the same shall be erected and maintained by the county as county improvements. The provisions of this section shall apply to roads already opened as well as those hereafter opened.

Section 965. Improvements of Highways Connecting With State or State-aid Highways.--The county may, singly or jointly with any city or borough, appropriate and expend moneys for the improvements of any highway, not more than one mile in length, outside of the limits of such city or borough, for the purpose of connecting improved streets in such cities or boroughs with a State highway or State-aid highway.

Section 966. Renting of Road Machinery to Townships.--The county commissioners of any county may purchase such machinery for the preparation of road material, and the construction and maintenance of roads, as they deem necessary, and pay for the same out of the general funds of the county. Such machinery may be rented by the county commissioners to any of the townships within such county applying for same, under such regulations and at such rentals as the county commissioners shall prescribe and fix. All machinery purchased under the provisions of this act shall be operated only by persons employed for that purpose, by and under the direct supervision of the county commissioners.

(f) DETOURS

Section 976. Laying Out Detours When County Road is Closed.--Except in the case of emergencies wherein the safety of the public would be endangered, no county road or highway in this Commonwealth shall be closed to vehicular traffic, except upon order of the county commissioners having charge of the maintenance of such highways, nor for a longer period than is necessary for the purpose for which such order is issued. No county road or highway shall be closed to vehicular traffic when the same has been designated as a detour by the Department of Highways of the Commonwealth, unless the written consent of the Department of Highways has first been obtained, or unless the county commissioners having jurisdiction over said road or highway shall, by resolution duly recorded on their minutes, declare such closing necessary for the protection of the public safety.

Whenever any county road or highway shall be closed to vehicular travel, the board of commissioners shall immediately designate or lay out a detour, on which they shall erect or cause to be erected and maintained while such detour is in use legible signs, at each public road intersection throughout its entire length, indicating the direction to the main highway. During the period when such detour is in use, the county commissioners shall maintain such detour in safe and passable condition. They shall also immediately remove all detour signs when the highway originally closed is again opened for traffic.

The county commissioners shall, as soon as possible, repair the road designated as a detour, and place same in a condition at least equal to its condition when designated as a detour.

(976 amended June 9, 1931, P.L.401, No.146)

Section 977. Detour Over Private Lands.--Whenever necessary in the creation of a detour, as aforesaid, the county commissioners responsible for laying out the detour may enter into an agreement with the owners of private lands, covering the acquisition of right of way privileges over private property for the period when the main highway shall be closed to traffic. In the exercise of the rights conferred by this section, the county commissioners responsible are hereby empowered to pay for the necessary maintenance, subsequent repair, and land rental, out of such funds as are available for the construction and/or maintenance of the highways in their charge.

(977 added June 9, 1931, P.L.401, No.146)

Section 978. Penalty, Fines, and Damages.--Any person who shall wilfully remove, deface, destroy or disregard any barricade, light, danger sign, detour sign, or warning of any character whatsoever, erected or placed under authority of this section, or who shall drive on, over, or across any highway which has been closed by proper authority, shall, upon conviction thereof, in a summary proceeding before a magistrate, alderman, or justice of the peace, be sentenced to pay a fine of not less than twenty-five dollars nor more than one hundred dollars, and the costs of prosecution, and, in default of the payment thereof, shall be imprisoned one day for each dollar of fine and costs unpaid: Provided, however, That persons who have no outlet due to the closing of a highway may drive on, over, or across such highway, with the consent in writing of, and subject to such conditions as may be prescribed by, the county commissioners responsible for the closing, or their agents or contractors, without being subject to the penalties imposed by this section.

In addition to the penalties herein provided, the county commissioners responsible for the maintenance of a highway which has been closed to vehicular traffic, or their agents or contractors, may, in an action at law, recover damages from any person or persons who have damaged a highway by driving on, over, or across same when it is closed to vehicular traffic.

All fines collected under the provisions of this section shall be paid by the officer receiving the same to the treasurer of the boroughs, towns, or townships in which the offenses shall have been committed.

(978 added June 9, 1931, P.L.401, No.146)

(g) PROTECTION OF ROADS

Section 981. County Road Caretakers.--The persons appointed by the board of commissioners to inspect and repair public roads or highways improved and maintained as county roads shall be designated county road caretakers. The caretakers shall have all the power and authority now vested by law in the constables of the several cities, boroughs and townships of this Commonwealth to keep the peace in and along the county roads of such county, and to enforce all laws regulating the speed of automobiles and other vehicles thereon, and to enforce all rules or regulations governing the use of such roads and to make arrests therefor.

Section 982. Caretakers Not Entitled to Fines or Penalties.--No such caretaker shall be entitled to any portion of any fine or penalty imposed upon any person or persons for any violation of any act of Assembly, or rule relating thereto, but all such fines and penalties, when the proceeding is initiated by such caretaker, shall belong to and be paid into the county treasury for the benefit of the county.

Section 983. Badge of Caretaker.--The board of commissioners shall furnish each of said caretakers, as an evidence of their authority, a badge having impressed thereon the words "Police .................. County Road Caretaker."

Section 984. Rules for Protection of Road; Penalty for Violation.--For the purpose of preventing unreasonable wear and destruction of public roads improved and maintained by the county, the board of commissioners may adopt and prescribe reasonable rules, regulating and restricting the use of said roads within such county by any means of locomotion, and prescribe pecuniary penalties for the enforcement thereof. All such rules adopted by the board of commissioners shall, before becoming operative, be published once a week for three weeks in two newspapers of general circulation in the county to which the rules apply, and be recorded in the office of the recorder of deeds of said county.

Any resident of any county, within which the violation of any rule so adopted shall occur, may institute and prosecute to judgment and execution an action of assumpsit, in any court having jurisdiction of such actions, and the amounts involved for the recovery of any penalty for the violation of any rule prescribed by the board of commissioners, of which penalty the plaintiff shall be entitled to one-half, and the county shall be entitled to the other half, payable to the county treasurer, who shall add the same to the fund for the improvement of the said county roads.

Any person violating any rule so adopted, shall, upon summary conviction, be sentenced to pay a fine of not less than five dollars or more than one hundred dollars, payable to the county treasurer, who shall add the same to the fund for the improvement of said county roads. From any judgment obtained for said penalty, and from said summary conviction, an appeal shall lie as provided by law.

Section 985. Penalty for Destroying, Et Cetera, Index Boards.--It shall be unlawful for any person to wilfully destroy, remove, injure or deface any sign or index board, erected upon or near any public street, road or bridge by the authorities of any county, or erected with the consent of such authorities by any club, association or other organized body for the direction, guidance or safety of travelers. Any and all such signs of wood, metal or other substance, affixed to trees or posts in or upon any highways, properly erected in such manner that they do not interfere with travel, or upon fences, telegraph, telephone, trolley or other poles, with the permission of the owners thereof, or upon private grounds where consent has been obtained from the owners and tenants thereof, and nearby public roads shall be within the provisions of this section.

Any person violating the provisions of this section shall, upon summary conviction before any magistrate, alderman or justice of the peace, be sentenced to pay a fine of not less than ten dollars nor more than twenty-five dollars, with all costs of prosecution, together with the value of such sign so destroyed, removed or defaced. In default of payment of said fine, costs, and expenses, such person shall undergo an imprisonment for a period of not less than five nor more than sixty days.

Section 986. Snow Fences.--Any county which is responsible for the maintenance of any public road or highway shall have authority to enter upon private property, adjacent to such public road or highway, and place thereon snow fences, at any point as may be deemed necessary, to within a limit of one hundred (100) feet from the right-of-way line of such public road or highway, in order to eliminate snow drifting on the traveled portion of the public road or highway.

No snow fence, authorized under this section, shall be placed prior to November first, nor shall the same remain in place after April first of the succeeding year, unless the written consent of the owner of the adjacent property is obtained agreeing to an extension of time for the removal of said snow fence.

If the county responsible for the maintenance of the public road or highway shall not be able to enter into an agreement with the owner of adjacent property occupied by such snow fence as to the amount of damages sustained as a result of said fence being placed and removed, the owner may petition the court of the proper county for the appointment of viewers to ascertain the amount of damages incurred in such case. The appointment of viewers and the procedure thereafter shall be governed and be in accordance with this act as provided for eminent domain proceedings. Such damages, if any, when ascertained, shall be paid by the county responsible for the maintenance of the public road or highway, and any funds available to the county for the construction and maintenance of public roads or highways under their supervision shall be available for the payment of such damages.

(986 amended June 9, 1931, P.L.401, No.146)

Section 987. Elimination of Dangerous Curves and Widening of Narrow Roads.--Any county may acquire, by purchase or by the right of eminent domain, such property and lands situate along or adjacent to any county highway, as in the opinion of the commissioners of such county may be necessary to eliminate dangerous curves and widen narrow roads or highways, for the better protection and safety to the traveling public.

Upon any such purchase or condemnation, the proper authorities of any county, having had such property and lands condemned, may from time to time abate or remove or cause to be abated or removed any such dangerous curve or curves, or widen such narrow highway to the extent of the property and land so acquired.

Proceedings for the condemnation of such property and lands shall be as provided in article seven of this act.

ARTICLE XI

SEWERS AND SEWAGE-DISPOSAL PLANTS

Section 1001. Construction and Maintenance Authorized.--Whenever the board of commissioners shall deem it expedient so to do, and upon approval thereof by a grand jury and by the court of quarter sessions, as hereinafter provided, they may construct and maintain main or trunk sanitary sewers, and sewage-disposal plants, under the provisions of this article, and any such main or trunk sewers or disposal plants constructed under the provisions of this article shall forever thereafter be county sewers and disposal plants, and the duty of maintaining, operating and keeping the same in repair shall devolve upon the county, and the expense thereof shall be paid by the county as hereinafter provided.

Section 1002. Establishment of Sewer Districts.--The courts of quarter sessions may establish sewer districts in their several counties, or decree that the said county shall form one or more sewerage districts, having respect to the topography of the county and the course of natural drainage, upon application of the board of commissioners, or upon petition of fifty freeholders resident in the locality for which a sewer district is prayed for. Upon the presentation of such petition, the court shall appoint three viewers, from the board of viewers, for whom the county engineer shall act as artist, to inquire into the propriety of granting the prayer of the petition, whose duty shall be to investigate the same, and make a plan or draft showing the boundaries of sewer districts formed, and report at a date to be fixed by said court, at which time, or any subsequent time to which said return day may be extended by the court, said report shall be filed and confirmed nisi by the court, and notice of said filing and that exceptions may be filed to said report within thirty days after said confirmation nisi shall be published in one or more newspapers of the county as the court may designate, once a week for four weeks. If exceptions be filed, upon hearing thereof, said court may modify or change said report, or readjust the boundary lines thereof, or refer the same back to the same or other viewers. If no sufficient cause be shown to the contrary, said report shall be approved absolutely, and said district or districts so formed shall comprise separate sewerage districts of said county, and be designated by number.

Section 1003. Procedure to Obtain Approval of Quarter Sessions and Grand Jury.--Whenever the board of commissioners shall resolve to construct any such main or trunk sewers, or sewage-disposal plants, in accordance with the provisions of this article, they shall cause to be prepared surveys and plans of such main or trunk sewers or disposal-plants, showing the location, termini, size and type of construction of such disposal plants, together with the properties and the names of the owners thereof through which said sewer or sewers extend, or upon which the same abuts, and the properties and names of the owners of the land upon which such disposal plants are to be located, or upon which the same abuts, together with an estimate of the cost and expense of the same. The plans and estimates shall show the location and capacity of any main or trunk sanitary sewer or sewers, or sewage-disposal plant, either completed or in course of construction, together with the cost or probable cost thereof. The estimates shall provide for and make such allowance or rebate to the municipality or municipalities, which shall have paid, assumed or contracted for the cost of such main or trunk sanitary sewer or sewers or disposal-plants, as shall be agreed upon between the county and the municipality or municipalities interested, and, in the event of failure so to agree, the allowance or rebate shall be determined by the court of common pleas of the proper county upon application of either party. The county commissioners shall thereupon present such survey plans and estimates, or a copy thereof, together with their petition, to the court of quarter sessions of the county, and, upon filing thereof, the court shall direct notice to be given of the same, substantially describing the line of the proposed sewer or sewers, and the location of the proposed disposal-plants, by publication at least once a week for three consecutive weeks, in at least two newspapers of general circulation published in the county wherein said proposed sewers or disposal plants are to be made or constructed, and of the time when said application will be laid before the grand jury, and, after publication as aforesaid, the said court shall cause the said application to be laid before the grand jury when in session, and, if a majority of said grand jury, after a full investigation of the matter by the grand jury, shall approve of the same, they shall certify their approval to the court, whereupon the court shall fix a time for the filing of exceptions to the same. Upon hearing any exceptions thereto, the said court may, for a cause shown, disallow such application. If no sufficient cause be shown to the contrary, said application shall be approved, and said court shall order that said sewers or sewage-disposal plants shall be made and constructed in accordance with the plans and surveys accompanying the said application, and thereupon the location of such sewers and sewage-disposal plants shall remain absolute.

Section 1004. Size of Sewer; Rights of Municipal Authorities.--All main or trunk sewers constructed under this article shall be of sufficient size and extent so that it shall not be burdensome upon any city, borough or township which is wholly or partly within the sewer district, in which said main or trunk sewer is constructed, to connect its lateral sewers with said main or trunk sewer constructed under the provisions of this article. A copy of the notice hereinbefore provided for shall be served upon the mayor, burgess, commissioners or supervisors of such city, borough or township, forming any part of such sewer district, ten days before said application shall be laid before the grand jury. Any such city, borough or township shall have a right to be heard by the grand jury, and to file exceptions to said proceedings. The approval by the grand jury, and by the court, shall be a conclusive finding that the said main sewers proposed to be constructed under said proceeding are of sufficient size and extent so that the connection thereto by any such city, borough or township will not be burdensome upon said city, borough or township.

Section 1005. Approval of Plans and Specifications by State Department of Health.--After such plans and specifications have been prepared by said board of commissioners, and before presentation thereof to the court or grand jury, they shall be submitted to the State Department of Health, and approval by said State Department of Health of the same shall be first had in accordance with the act of Assembly of April twenty-second, one thousand nine hundred and five, entitled "An act to preserve the purity of the waters of the State for the protection of the public health."

Section 1006. Condemnation of Property.--For the purposes herein described, the board of commissioners may enter upon private or public property, and may take, injure and destroy the same, in the manner and subject to the restrictions and procedure provided in article seven of this act.

Section 1007. Payment of Damages and Costs of Maintenance and Repair.--All damages found, awarded or sustained, for or on account of the construction and operation of such sewers or disposal-plants, under the provisions of this article, and all cost and expense thereafter incurred in repairing and maintaining the same, shall be paid from the funds raised by taxation as hereinafter provided and authorized.

Section 1008. Contracts for Making and Constructing.--After said surveys and plans and the aforesaid application to the court of quarter sessions shall have been approved by the court, and the said sewers or disposal-plants as decreed by said court ordered to be made and constructed in accordance therewith, the board of commissioners, or a majority of them, of the respective counties wherein the said sewers or disposal-plants are made or to be made and constructed, shall invite proposals for the making and constructing the same by publication in at least two newspapers of general circulation, published in said county, or, if no newspapers be published in said county, then in a newspaper or newspapers published in the county adjoining, once a week for four consecutive weeks, fixing a time therein when such proposals will be opened and the contracts therefor awarded. In addition to the notices so ordered to be given by publication, there shall be posted in the office of the said board of commissioners of the respective counties like notice as those now given inviting proposals for the construction and repair of public roads and bridges. The contract as aforesaid shall be awarded by the said board of commissioners or a majority of them to the lowest responsible bidder. No contract shall be awarded for any of said sewers or disposal-plants until proper bonds shall be given for the faithful performance thereof by the person or persons to whom the same shall be awarded, with proper security to be approved by said board of commissioners or a majority of them. Any incorporated company doing business within any of said counties, authorized by law to be surety for persons or corporations, may be taken and accepted as surety upon the bonds herein required to be given.

Section 1009. Repair and Maintenance.--Said board of commissioners shall have prepared plans and estimates, as often as required, for the repair and maintenance of all county sewers or disposal-plants which may hereafter be constructed under the provisions of this article and become county sewers or disposal plants. They shall invite proposals for the repairing and maintenance of such sewers, or disposal-plants, or parts thereof, in accordance with such plans and estimates, and award the contract therefor in like manner as contracts for new sewers and disposal-plants.

Section 1010. Preparation of Surveys, Plans and Estimates, Et Cetera.--For the purpose of performing all necessary duties relating to the construction and repairs of county sewers and disposal plants herein authorized, the said board of commissioners may employ or appoint proper persons to prepare such surveys, plans and estimates, and do all necessary and proper work connected therewith, and shall fix the compensation of all persons so employed.

Section 1011. Fund From Which to Pay Costs, Damages, Et Cetera.--The board of commissioners may levy, assess and collect an annual tax, of not more than two mills upon the dollar, upon all real and personal property within the county now or hereafter taxable for county purposes, where the court has decreed that the entire county shall form one sewer district, for the purpose of acquiring and securing a fund from which to pay all costs, damages and expenses required in the locating, construction, maintenance, repairing and operating of such county sewers or disposal plants, made or constructed under the provisions of this act, and for taking, using and enjoying of such land as may be necessary in constructing same. The money so raised shall not be used or expended for any other purpose than that named in this section. Where one or more such sewer districts have been formed by the court in any county, and the county does not comprise one entire sewer district, and county sewers or disposal-plants are constructed to accommodate a particular sewer district of said county, the said board of commissioners of such counties may have prepared separate copies of the assessed value for county purposes of the properties located within the sewer district wherein or for whose use such sewer or disposal-plant has been constructed, and levy, assess and collect an annual tax, of not more than two mills upon the dollar, upon all real and personal property within said sewer district now or hereafter taxable for county purposes, for the purpose of acquiring and securing a fund from which to pay all costs, damages and expenses required in the locating, constructing, maintaining and operating of such county sewer or disposal-plant in or for the benefit of said sewer district. The money so raised shall not be used or expended for any other purpose than that named in this section, and shall not be expended or used for any other sewer district. All warrants for the payment of any portion of the money raised for the purposes aforesaid shall be issued by the said board of commissioners, in the manner now provided by law in the several counties, upon estimates which shall be made from time to time by the person charged with such duty. The amount and time within which the same shall be paid shall be fixed and determined in the contract made for the public work herein authorized.

Section 1012. Consent of Municipalities to Enter on Highways.--Should any board of commissioners, in the exercise of the powers herein conferred, deem it necessary or advisable to enter upon a highway or highways in any city, borough or township for the purpose of constructing or maintaining any such main or trunk sewer or sewers or disposal-plants, the consent thereto of such city, borough or township shall first be had and obtained.

Section 1013. Connection With Sewer by Municipalities.--After the construction of such main or trunk sewer, any city, borough or township shall have the right, free of charge, to connect with said main or trunk sewer by laterals all sanitary sewerage of the sewer district in which said main or trunk sewer is located, or for the use of which the same has been constructed. All connections made by any city, borough or township, or by any owner of property abutting on said main or trunk sewer, with such main or trunk sewer, shall be made under the supervision of the county engineer, and in the manner prescribed by the board of commissioners.

Section 1014. Apportionment of Costs and Expenses.--Wherever any main or trunk sewer or portion thereof or sewage-disposal plant, constructed under the provisions of this article, is used for the carrying or disposal of sewage from two or more sewer districts, the cost, damages and expenses of locating, constructing, maintaining, repairing and operating the same shall be borne by all sewer districts so using said main sewer or portion thereof or disposal-plant, in proportion to their annual assessed taxable valuation for county purposes; but no sewer district shall be taxed for any main or trunk sewer, or portion thereof, or disposal-plant, until said district has been accommodated with a main or trunk sewer constructed under the provisions of this article, so that connections therewith can be made in said sewer districts without expenses burdensome upon cities, boroughs or townships forming said sewer district.

Section 1015. Use of Municipal Mains.--Whenever, in the location or construction of any such county sewers, it shall be deemed desirable to connect with and use any main or trunk sewer, or portion thereof, of any city, borough or township, it shall be lawful for the board of commissioners, subject to the approval of the court of quarter sessions, to agree with such city, borough or township for the use and repair and maintenance of such sewer or sewers, or portions thereof, and what compensation shall be paid therefor or in what proportions the cost of maintenance and repairs shall be borne.

ARTICLE XII

ACTIONS BY AND AGAINST COUNTIES

Section 1031. Commissioners to Bring and Defend Suits.--All suits by a county shall be brought and conducted by the board of commissioners. In all suits against a county, process shall be served upon and defense made by the board of commissioners.

Section 1032. Form of Action to Recover Claims; Jurisdiction of Justices of the Peace.--Counties may proceed for the recovery of municipal claims by lien or by action of assumpsit. Jurisdiction is conferred upon justices of the peace to entertain such actions of assumpsit to the amount of three hundred dollars.

Section 1033. Competency of Witnesses and Jurors.--No person shall be excluded from being a witness or juror in any suit, prosecution or proceeding in which the county is a party or is interested by reason of such person being or having been an officer, rated citizen or inhabitant in such county, or owning assessed or taxable property, or being liable to the assessment or payment of any tax therein.

Section 1034. Execution Against County.--(a) If judgment shall be obtained against a county in any action or proceeding, the party entitled to the benefit of such judgment may have execution thereof as follows, and not otherwise, namely: The court of common pleas of the county against which judgment shall be obtained or the court to which a judgment may have been removed by transcript from a justice of the peace or alderman, on application of the party entitled to the benefit of such judgment, may direct the issue of a writ thereon, commanding the commissioners of the county to cause the amount of the judgment, with the interest and costs, to be paid to the party entitled out of any moneys of the said county which are not appropriated or pledged for any specific purpose and which are not required to meet the current operating expenses of the county during the then fiscal year, and, if there be no such moneys, then out of the first moneys coming into the hands of its treasurer and which have not been appropriated or pledged to any specific purpose and are not required to meet the current operating expenses of the county during the fiscal year in which such writ issued: Provided, That if such judgment shall have been recovered on an obligation secured by a sinking fund, payment thereof may be directed out of any moneys in the sinking fund.

(b) If such judgment be not paid by the commissioners as directed by such writ, they shall, within fifteen days after service thereof, make answer, showing the reasons for not having made payment as commanded.

(c) If it appear from said answer that the county does not have moneys not appropriated or pledged for specific purposes and not required for current operating expenses with which to pay said judgment, and that it will not, during the then fiscal year, have sufficient funds not appropriated or pledged for specific purposes and not required to met current operating expenses to enable the payment of such judgment or judgments, the court, after hearing, shall direct the levy of a tax, to be levied and collected during the succeeding fiscal year or years, sufficient to pay such judgment or judgments.

(d) In directing the levy of such tax, the court shall take into consideration the number of judgments against the county and the writs issued, and shall have power to decide during how many years the tax shall be levied; but it shall not direct the levy of a tax for any one year in excess of one-half of one per centum of the assessed valuation of the taxable property of the county.

(e) The taxes thus directed to be levied shall be levied by the commissioners at the same time the next levy for general county purposes is made, and shall be levied and collected as other taxes are by law levied and collected but shall be listed in the duplicates as a separate tax, and shall be kept distinct from all other of the county's funds and applied in payment of the judgment or judgments for which collection is directed as from time to time received; but one levy may be made for the satisfaction of more than one judgment, and the fund shall be applied to the satisfaction of the judgments in the order in which the writs were issued.

(f) The court shall have power to enforce by attachment, or otherwise, all orders and decrees entered in pursuance of the powers hereby granted.

(g) All judgments, and unpaid parts thereof, shall bear interest at the rate of six per centum per annum, but not compounded.

(1034 amended May 23, 1933, P.L.960, No.195)

Section 1035. Appeals in Behalf of County by Taxpayers.--Any ten or more taxpayers of the county may, in behalf of such county, appeal from the report of its county auditors or controller to the court of common pleas, or prosecute any suit or action in behalf of said county, or defend such county in any suit, process or action now pending, or that may be brought against such county, by appeals from county auditors' or controllers' reports or otherwise. If no appeal is entered by county officials, the appeal by such taxpayers shall be entered within ninety days after the filing of such report in the court of common pleas. The appellants shall enter into recognizance, with two sufficient sureties, conditioned that the appellants shall prosecute said appeal with effect, and pay all costs that may accrue thereon in case they fail to obtain a final decision more favorable to the county than the report from which such appeal is taken. In all such appeals, the courts of common pleas may direct an issue to be tried by a jury, upon whose verdict final judgment shall be entered, reserving the right of all parties to appeal to the Supreme Court as provided in other appeals. Before said taxpayers shall be permitted to come into court and prosecute any suit or action, or defend the county in any suit, process or action, they shall present to the court a petition, signed by them, accompanied by an affidavit of one of their number, that they believe injustice will be done such county unless they are permitted to defend. Said taxpayers shall, whenever the court shall deem it necessary, file in said court of common pleas a bond, with one or more sufficient sureties to be approved by said court, to indemnify and save harmless said county from all costs that may occur in said suit, process or action subsequent to filing said petition.

Section 1036. Certain Procedure in Equity Not to Apply When County is Libellant, Et Cetera.--The first sect ion of the act of May sixth, one thousand eight hundred and forty-four (Pamphlet Laws, five hundred and sixty-four), entitled "An act further to regulate proceedings in courts of justice, and for the other purposes," shall not apply to any bill or proceeding in equity now pending or which may be hereafter instituted wherein any county is libellant, plaintiff or complainant, nor shall any county be required to give security on appeal to the Supreme Court in any proceeding in equity. In all such cases it shall be the duty of the court in which the same may be pending, as far as practicable, to expedite the hearing and final determination thereof by such rules, order or orders not inconsistent with the laws of this Commonwealth as justice and equity may require.

Section 1037. Submission of Disputes to Arbitration.--It shall be lawful to include in any contract executed by or on behalf of any county a provision that any matter in dispute arising under the said contract shall be submitted to arbitration in accordance with the arbitration act of June sixteenth, one thousand eight hundred and thirty-six, or such sections thereof as may be set forth in such contract.

Any county having charge of the execution of any contract shall have the right, with the consent of the legal officer of such county, to agree to submit any matter in dispute under any contract to which the said county shall be a party to arbitration in accordance with the act of one thousand eight hundred and thirty-six, or any section thereof, as may be agreed upon, whether the said contract shall contain a provision providing for such reference or not.

ARTICLE XIII

ACTS OF ASSEMBLY REPEALED

Section 1051. Specific Repeals.--The following acts and parts of acts of Assembly are repealed, as respectively indicated, except in so far as they relate to counties of the first class. The repeal of the first section of an act shall not repeal the enacting clause of such act.

The act approved the fifth day of March, one thousand seven hundred and ninety (Vol. thirteen, Stat. at Large, p. four hundred and fifty-five), entitled "An act relating to the securities to be given by sheriffs and coroners," absolutely.

The act approved the twenty-eighth day of March, one thousand eight hundred and three (Pamphlet Laws, four hundred and seventy-six), entitled "An act relating to county treasurers," absolutely.

The act approved the twenty-eighth day of March, one thousand eight hundred and three (Pamphlet Laws, four hundred and ninety-seven), entitled "An act directing sheriffs and coroners to give sufficient sureties for the faithful execution of their official duties, and for other purposes," absolutely.

The act approved the third day of April, one thousand eight hundred and four (Pamphlet Laws, four hundred and eighty-eight), entitled "An act to enable persons appointed to offices of public trust to recover official documents appurtenant to the said offices from persons detaining the same," in so far as it applies to county officers.

Section four of the act, approved the fourth day of April, one thousand eight hundred and seven (Pamphlet Laws, one hundred and thirty-three), entitled "A further supplement to the Penal Laws of the State," in so far as it authorizes construction of jail buildings.

The act approved the sixteenth day of March, one thousand eight hundred and nine (Pamphlet Laws, forty-two), entitled "A supplement to an act, entitled 'An act to provide a more effectual method of settling the public accounts of the commissioners and treasurers of the respective counties,'" absolutely.

Section two of the act, approved the twenty-third day of March, one thousand eight hundred and eleven (Pamphlet Laws, one hundred and eleven), entitled "An act imposing certain duties upon the commissioners and treasurer of Luzerne County, and empowering county commissioners to administer oaths or affirmations," absolutely.

Section three of the act, approved the thirtieth day of March, one thousand eight hundred and eleven (Pamphlet Laws, one hundred and eighty-nine), entitled "A supplement to an act, entitled 'An act for laying out and keeping in repair the public roads and highways within this Commonwealth, and laying out private roads'" absolutely.

Sections one and two of the act, approved the sixth day of March, one thousand eight hundred and twelve (Pamphlet Laws, eighty-five), entitled "A supplement to an act, declaring the holding of any office or appointment under this State incompatible with the holding or exercising offices or appointments under the United States," absolutely.

The act approved the seventh day of February, one thousand eight hundred and fourteen (Pamphlet Laws, forty-four), entitled "A further supplement to an act, entitled 'A supplement to "An act to provide a more effectual method of settling the public accounts of the commissioners and treasurers of the respective counties,"'" absolutely.

The act approved the sixth day of February, one thousand eight hundred and fifteen (Pamphlet Laws, twenty-eight), entitled "An act to authorize undertakers of public bridges to procure materials for building said bridges," in so far as it applies to county bridges.

Section one of the act, approved the fifteenth day of April, one thousand eight hundred and thirty-four (Pamphlet Laws, five hundred and nine), entitled "An act relating to county rates and levies and township rates and levies," absolutely.

Sections one, six, eight, nine, ten, eleven, twelve, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-three, thirty-four, thirty-five, thirty-six, thirty-seven, forty-one, forty-three, forty-four, forty-five, forty-six, forty-seven, forty-eight, forty-nine, fifty, fifty-one, fifty-two, fifty-three, fifty-four, fifty-five, fifty-six, fifty-seven, fifty-eight, fifty-nine, sixty, sixty-one, sixty-two, sixty-four, sixty-five, sixty-six, sixty-seven, sixty-eight, sixty-nine, seventy, seventy-one, seventy-two, seventy-three, seventy-four, seventy-five, seventy-six, and seventy-nine, of the act, approved the fifteenth day of April, one thousand, eight hundred and thirty-four (Pamphlet Laws, five hundred and thirty-seven), entitled "An act relating to counties and townships and county and township officers," absolutely; sections three, four, and five of said act, in so far as they confer any powers to impose any duties on counties; section one hundred and fifteen of said act in so far as it applies to counties and county officers.

Sections seven, eight and nine of the act, approved the thirteenth day of June, one thousand eight hundred and thirty-six (Pamphlet Laws, five hundred and fifty-one), entitled "An act relating to roads, highways and bridges," in so far as they affect county roads; sections thirty-five, thirty-six, thirty-seven, thirty-eight, thirty-nine, forty, forty-one, forty-two, forty-four, forty-five, forty-six, forty-seven, and fifty-six of said act, absolutely; sections forty-three, forty-eight, forty-nine, fifty, fifty-one, and fifty-two of said act in so far as they relate to county bridges.

Sections ten and eleven of the act, approved the fourteenth day of April, one thousand eight hundred and thirty-eight (Pamphlet Laws, four hundred fifty-seven), entitled "An act relating to the commencement of actions, to appeals from county auditors and for other purposes," absolutely.

Resolutions five, nine, ten, and eleven of resolutions, approved the seventeenth day of June, one thousand eight hundred and thirty-nine (Pamphlet Laws, six hundred seventy-six), entitled "Resolutions authorizing the clerk of the Orphans' Court of Berks County to record certain papers in his office and to perform certain other services and for other purposes," absolutely.

Section one of the act, approved the ninth day of April, one thousand eight hundred and forty (Pamphlet Laws, two hundred eighty-three), entitled "An act relative to county auditors, and for other purposes," absolutely.

Section six of the act, approved the sixteenth day of April, one thousand, eight hundred and forty (Pamphlet Laws, four hundred ten), entitled "An act relating to executions, and for other purposes," in so far as it relates to suits, prosecutions or proceedings in which counties are parties or are interested.

Sections one, two, four, five, six and seven of the act, approved the twenty-seventh day of May, one thousand eight hundred and forty-one (Pamphlet Laws, four hundred), entitled "An act relating to the election of county treasurers, and for other purposes," absolutely.

Section eleven of the act, approved the fifth day of April, one thousand eight hundred and forty-two (Pamphlet Laws, two hundred thirty), entitled "An act to authorize the construction of a toll bridge over the river Schuylkill at or near Windsor Haven in Berks County, and for other purposes," absolutely.

The act approved the thirteenth day of April, one thousand eight hundred and forty-three (Pamphlet Laws, two hundred and twenty-one), entitled "An act supplementary to an act, entitled 'An act relating to roads,·highways and bridges,'" absolutely.

Section one of the act, approved the twenty-fourth day of March, one thousand eight hundred and forty-six (Pamphlet Laws, one hundred and sixty-five), entitled "An act relating to sheriffs and coroners," absolutely.

Section two of the act, approved the eleventh day of April, one thousand eight hundred and forty-eight (Pamphlet Laws, five hundred and six), entitled "An act to establish a uniform line along the river Delaware in front of the incorporated districts of the Northern Liberties and Kensington in reference to county bridges; changing the name of Andrew Jackson Glarfke to Andrew G. Jackson; to issuing subpoenas for witnesses by auditors; exempting the real estate of the Pennsylvania Society for Promoting the Abolition of Slavery from taxation; in reference to fees of constables in Schuylkill County; in reference to the removal of the barn of Amos George in the Township of Blockley, County of Philadelphia; and to change the name of Dallas Township, Lehigh County, to Washington; and relative to the commissioners of Kensington and Richmond in Philadelphia County," absolutely.

Sections five, six, seven, eight and nine of the act, approved the ninth day of April, one thousand eight hundred and fifty (Pamphlet Laws, four hundred and thirty-four), entitled "An act relative to the election of auditor general, surveyor general and county surveyors by the people," absolutely.

Section one of the act, approved the eighth day of April, one thousand eight hundred and fifty-one (Pamphlet Laws, three hundred fifty-three), entitled "An act relating to county prisons, to the Foster Home Association and Cawanesque Plank Road Company; to apportion the rent of wharves and docks in the port of Philadelphia; and relative to the service of process on foreign insurance companies and other corporations," absolutely.

The act approved the first day of March, one thousand eight hundred and fifty-two (Pamphlet Laws one hundred), entitled "An act authorizing the several recorders of deeds to appoint deputies," absolutely.

Sections one and two of the act, approved the sixth day of March, one thousand eight hundred and fifty-four (Pamphlet Laws, one hundred and fifty-five), entitled "An act relating to official seals," in so far as it affects counties and county officers.

The act approved the thirtieth day of March, one thousand eight hundred and fifty-five (Pamphlet Laws, one hundred and sixty), entitled "A further supplement to the act, relating to county rates and levies and township rates and levies, and to the act relating to counties and townships and county and township officers," absolutely.

The act approved the twelfth day of April, one thousand eight hundred and fifty-five (Pamphlet Laws, two hundred and twenty), entitled "An act relative to the erection of bridges over canals and railroads," in so far as it relates to county bridges.

The act approved the twenty-sixth day of April, one thousand eight hundred and fifty-five (Pamphlet Laws, three hundred and eight), entitled "A supplement to the act providing for the election of district attorneys," absolutely.

The act approved the sixteenth day of May, one thousand eight hundred and fifty-seven (Pamphlet Laws, five hundred and thirty-five), entitled "An act relating to city, county and township treasurers," in so far as it relates to county treasurers.

Section one of the act, approved the twenty-second day of March, one thousand eight hundred and fifty-nine (Pamphlet Laws, one hundred and ninety-four), entitled "An act to extend the power of prothonotaries and clerks to administer oaths," absolutely.

The act approved the thirteenth day of April, one thousand eight hundred and fifty-nine (Pamphlet Laws, six hundred and seventeen), entitled "An act relative to the election of district attorneys," absolutely.

The act approved the third day of April, one thousand eight hundred and sixty (Pamphlet Laws, six hundred and fifty), entitled "An act regulating the lien of sheriffs' recognizances," absolutely.

The act approved the eleventh day of April, one thousand eight hundred and sixty-two (Pamphlet Laws, four hundred and thirty-one), entitled "An act fixing the commencement of the term of office of sheriffs in the several counties of this Commonwealth," absolutely.

The act approved the eighteenth day of March, one thousand eight hundred and sixty-four (Pamphlet Laws, sixty-eight), entitled "A supplement to an act, relating to roads, highways and bridges, approved June thirteenth, one thousand eight hundred and thirty-six," in so far as it relates to county bridges.

The act approved the thirtieth day of March, one thousand eight hundred and sixty-six (Pamphlet Laws, one hundred nine), entitled "An act authorizing commissioner's clerks to administer oaths and affirmations," absolutely.

The act approved the ninth day of April, one thousand eight hundred and sixty-eight (Pamphlet Laws, seventy-three), entitled "A supplement to an act relating to counties and townships and county and township officers, approved April fifteenth, one thousand eight hundred and thirty-four, relating to public buildings," absolutely.

The act approved the fifteenth day of April, one thousand eight hundred and sixty-nine (Pamphlet Laws, forty-six), entitled "A further supplement to an act entitled 'An act relating to roads, highways and bridges,' approved June thirteenth, one thousand eight hundred and thirty-six," absolutely.

The act approved the eighteenth day of February, one thousand eight hundred and seventy-one (Pamphlet Laws, seventy-nine), entitled "An act relating to the offices of county treasurer and county auditors," absolutely.

The act approved the fifteenth day of June, one thousand eight hundred and seventy-one (Pamphlet Laws, three hundred and ninety-one), entitled "An act relating to the assessment of damage for the appropriation of land for public use," in so far as it relates to counties.

The act approved the twelfth day of February, one thousand eight hundred and seventy-four (Pamphlet Laws, forty-three), entitled "An act relative to vacancies in the office of prothonotary or clerk of the several courts, and in the office of register or recorder," absolutely.

The act approved the fourteenth day of May, one thousand eight hundred and seventy-four (Pamphlet Laws, one hundred and fifty-four), entitled "An act authorizing the county commissioners to sell at public sale any part of any lands reserved for public buildings when the same is not needed therefor," absolutely.

The act approved the fourteenth day of May, one thousand eight hundred and seventy-four (Pamphlet Laws, one hundred and sixty-four), entitled "An act relating to the assessment of damages arising from the opening of roads and highways and the construction of bridges," in so far as it relates to county roads and bridges.

The act approved the fifteenth day of May, one thousand eight hundred and seventy-four (Pamphlet Laws, one hundred and eighty-five), entitled "An act to provide for the adjustment, settlement and collection of compensation from railroad companies for railroads located, or that may be located, on county bridges, and to empower county commissioners to make contracts relating thereto," in so far as it confers any powers or imposes any duties on counties.

The act approved the nineteenth day of May, one thousand eight hundred and seventy-four (Pamphlet Laws, two hundred and eighteen), entitled "An act to provide for the appointment of a special detective officer in any of the several counties of this Commonwealth," absolutely.

The act approved the ninth day of June, one thousand eight hundred and seventy-four (Pamphlet Laws, two hundred and eighty-two), entitled "An act to authorize the counties, cities, towns or townships of this State, respectively, to enter into contracts with railroad companies whose roads enter their limits, whereby said companies may re-locate, change or elevate their railroads," in so far as it confers any power or imposes any duties on counties.

The act approved the thirteenth day of April, one thousand eight hundred and seventy-six (Pamphlet Laws, twenty-eight), entitled "A supplement to an act, entitled 'An act to provide for the appointment of a special detective officer in any of the several counties of this Commonwealth,' approved May nineteenth, one thousand eight hundred and seventy-four, making said special detective officers general police officers, with powers conferred on constables in cases of crime and criminal procedure, and providing for their compensation," absolutely.

The act approved the twenty-first day of April, one thousand eight hundred and seventy-six (Pamphlet Laws, forty-six), entitled "An act to fix the amount of bail to be given by the sheriffs of the several counties in this Commonwealth," absolutely.

The act approved the fifth day of May, one thousand eight hundred and seventy-six (Pamphlet Laws, one hundred and twelve), entitled "A supplement to an act, relating to roads and bridges, approved the thirteenth day of June, Anno Domini one thousand eight hundred and thirty-six, authorizing the re-construction of county bridges destroyed or partially destroyed, and empowering the commissioners to borrow money for that purpose," absolutely.

The act approved the eighth day of May, one thousand eight hundred and seventy-six (Pamphlet Laws, one hundred and thirty-one), entitled "An act to authorize the acquisition by the several counties of this Commonwealth, for the use of the county, of bridges erected over rivers, creeks and rivulets, and for the abolition of tolls thereon," absolutely.

The act approved the third day of May, one thousand eight hundred and seventy-eight (Pamphlet Laws, forty-one), entitled "A supplement to an act, entitled 'An act to authorize the acquisition by the several counties of this Commonwealth, for the use of the county, bridges erected over rivers, creeks and rivulets, and for the abolition of tolls thereon,' approved the eighth day of May, Anno Domini one thousand eight hundred and seventy-six, designed to amend the third section of said act, and also to amend the first proviso of the fifth section of said act, so that not more than fifteen thousand dollars shall be paid by any one county for the purchase of any such bridge," absolutely.

The act approved the twenty-fourth day of May, one thousand eight hundred and seventy-eight (Pamphlet Laws, one hundred and eighteen), entitled "An act requiring county commissioners to give bonds," absolutely.

The act approved the twenty-fifth day of May, one thousand eight hundred and seventy-eight (Pamphlet Laws, one hundred and fifty), entitled "An act to regulate the erection of guards and barriers along highways," absolutely.

The act approved the twelfth day of June, one thousand eight hundred and seventy-eight (Pamphlet Laws, two hundred eight), entitled "An act authorizing the taxpayers to appeal from the reports of county auditors and to defend the county in appeals and suits," absolutely.

The act approved the twenty-fourth day of April, one thousand eight hundred and seventy-nine (Pamphlet Laws, thirty-two), entitled "An act directing county commissioners to procure a place for holding courts where a court house is destroyed or unsafe," absolutely.

The act approved the eleventh day of June, one thousand eight hundred and seventy-nine (Pamphlet Laws, one hundred and forty-six), entitled "A supplement to the act of Assembly approved the thirteenth day of June, Anno Domini one thousand eight hundred and thirty-six, relative to roads and bridges, to authorize county commissioners to build bridges or furnish money to aid in building bridges the erection of which would require more expense than it is reasonable one or two adjoining townships should bear, in cases where the county commissioners do not deem it advisable to enter such bridges on record as county bridges," so far as it confers any powers or imposes any duties on counties.

The act approved the eighth day of June, one thousand eight hundred and eighty-one (Pamphlet Laws, sixty-seven), entitled "An act authorizing the county commissioners of the several counties of this Commonwealth to rebuild bridges owned by corporations that may or have been destroyed by ice or otherwise and abandoned by such corporation," absolutely.

The act approved the first day of June, one thousand eight hundred and eighty-three (Pamphlet Laws, fifty-eight), entitled "An act empowering and directing the county commissioners of any county to purchase ground at the county seat for the erection thereon of such building or buildings as may be necessary for the accommodation of the courts, and of the several officers of the county, and for the reception and safe keeping of the records and other papers in charge of such officers, and also such other building or buildings as may be necessary and proper for the purposes of a county jail or workhouse, when occasion shall require the erection of such building or buildings, and in case the said ground cannot be obtained by agreement with the owner or owners at a reasonable price in the estimation of said commissioners, then to resort to condemnation," absolutely.

The act approved the twenty-fourth day of May, one thousand eight hundred and eighty-seven (Pamphlet Laws, one hundred and eighty-five), entitled "An act authorizing the sheriffs of the several counties of this Commonwealth to appoint, by deed, chief deputies, with power to act as sheriff in case of and during the temporary disability of the sheriff to act in person, and fixing the salaries of such chief deputies in counties containing more than five hundred thousand inhabit-ants," absolutely.

The act approved the twenty-fourth day of May, one thousand eight hundred and eighty-seven (Pamphlet Laws, two hundred and three), entitled "An act authorizing county commissioners to join with city authorities in improving streets or other highways in the vicinity of county buildings in said cities," in so far as it confers any power or imposes any duties on counties.

Sections one and two of the act, approved the first day of June, one thousand eight hundred and eighty-seven (Pamphlet Laws, two hundred and eighty-seven), entitled "An act for the encouragement of forest culture, and providing penalties for the injury and destruction of forests," absolutely.

Sections one, two, three, four, five, six, seven, eight, nine and ten of the act, approved the second day of June, one thousand eight hundred and eighty-seven (Pamphlet Laws, three hundred and six), entitled "An act authorizing the condemnation of turnpikes, roads or highways, heretofore or hereafter constructed wholly or in part in any county of this Commonwealth, for public use, free from tolls and toll-gates, and the assessment upon the proper county of the damages to which the owner or owners thereof may be entitled by a jury of viewers duly appointed by the court of quarter sessions of the proper county, and providing for the maintenance of any such condemned turnpike, road or highway by the proper city, township or district," absolutely.

The act approved the fourth day of April, one thousand eight hundred and eighty-nine (Pamphlet Laws, twenty-three), entitled "An act authorizing county commissioners to offer and pay rewards for the detection, arrest and conviction of horse thieves," absolutely.

The act approved the twenty-fifth day of April, one thousand eight hundred and eighty-nine (Pamphlet Laws, fifty-two), entitled "An act to authorize and require the county commissioners of the several counties of this Commonwealth to furnish supplies and fuel for certain county offices," absolutely.

Section two of the act, approved the twenty-sixth day of April, one thousand eight hundred and eighty-nine (Pamphlet Laws, fifty-five), entitled "A supplement to an act, entitled 'An act empowering and directing the county commissioners of any county to purchase ground at the county seat for the erection thereon of such building or buildings as may be necessary for the accommodation of the courts, and of the several officers of the county, and for the reception and safe keeping of the records and other papers in charge of such officers, and also such other building or buildings as may be necessary and proper for the purposes of a county jail or workhouse, when occasion shall require the erection of such building or buildings, and, in case the said ground cannot be obtained by agreement with the owner or owners at a reasonable price in the estimation of said commissioners, then to resort to condemnation,' approved the first day of June, Anno Domini one thousand eight hundred and eighty-three, repealing the second proviso to the third section of said act, and regulating the manner of procedure where there are adverse claimants to the ground condemned," absolutely.

The act approved the eighth day of May, one thousand eight hundred and eighty-nine (Pamphlet Laws, one hundred and thirty-two), entitled "An act authorizing county commissioners to employ detectives, offer and pay rewards for the detection, arrest and conviction of felons," absolutely.

The act approved the ninth day of May, one thousand eight hundred and eighty-nine (Pamphlet Laws, one hundred and thirty-nine), entitled "An act providing for the preservation of order in and about county buildings, and for the preservation of the same and their contents from defacement and defilement, also fixing penalties for the violation of the same, and authorizing the appointment of officers who shall have power to enforce this act and to make arrests when violated," absolutely.

The act approved the ninth day of May, one thousand, eight hundred and eighty-nine (Pamphlet Laws, one hundred and sixty-two), entitled "An act to provide for the appointment of deputy coroners in the several counties of this Commonwealth," absolutely.

The act approved the ninth day of May, one thousand eight hundred and eighty-nine (Pamphlet Laws, one hundred and sixty-seven), entitled "An act to empower the chief clerks of county controllers to administer oaths and affirmations," absolutely.

The act approved the thirteenth day of May, one thousand eight hundred and eighty-nine (Pamphlet Laws, two hundred), entitled "An act regulating the payment of traveling expenses of directors of the poor and county commissioners within this Commonwealth," in so far as it applies to county commissioners.

The act approved the fifteenth day of April, one thousand eight hundred and ninety-one (Pamphlet Laws, twenty-two), entitled "An act regulating qualifications of clerks to county commissioners," absolutely.

The act approved the twenty-ninth day of April, one thousand eight hundred and ninety-one (Pamphlet Laws, thirty-one), entitled "An act authorizing and empowering the several counties of this Commonwealth to purchase bridges already erected, or to erect and maintain bridges or culverts, with the necessary approaches, joining cities and boroughs which are separated by a river, creek or rivulet, and providing for the condemnation of land necessary for the said approaches," absolutely.

The act approved the second day of June, one thousand eight hundred and ninety-one (Pamphlet Laws, one hundred and sixty-eight), entitled "An act to enable the county commissioners of the several counties to sell any real estate which they may acquire and make deeds therefor," absolutely.

The act approved the eighth day of June, one thousand eight hundred and ninety-one (Pamphlet Laws, two hundred and twenty-eight), entitled "An act making it the duty of county commissioners to furnish office and storage rooms for the use of the county superintendents of schools," absolutely.

The act approved the eleventh day of June, one thousand eight hundred and ninety-one (Pamphlet Laws, two hundred and ninety-five), entitled "An act amending an act, entitled 'An act authorizing the condemnation of turnpikes, roads or highways, heretofore or hereafter constructed wholly or in part in any county of this Commonwealth, for public use free from tolls and toll-gates, and the assessment upon the proper county of the damages which the owner or owners thereof may be entitled by a jury of viewers duly appointed by the court of quarter sessions of the proper county, and providing for the maintenance of such condemned turnpike road or highway by the proper city, township or district,' approved the second day of June, Anno Domini, one thousand eight hundred and eighty-seven, amending the tenth section thereof by extending its provisions to the portions of turnpikes, roads or highways lying within the limits of any incorporated borough," absolutely.

The act approved the sixteenth day of June, one thousand, eight hundred and ninety-one (Pamphlet Laws, three hundred five), entitled "An act to amend an act, entitled 'An act authorizing the county commissioners of the several counties of the Commonwealth to rebuild bridges owned by corporations that may be or have been destroyed by ice or otherwise and abandoned by such corporations,' June eighth, one thousand, eight hundred and eighty-one," absolutely.

Section two of the act, approved the eighteenth day of May, one thousand eight hundred and ninety-three (Pamphlet Laws, one hundred two), entitled "An act to provide for the immediate printing, distribution, filing and keeping of unbound copies of the laws of this Commonwealth as they are enacted from time to time," in so far as it imposes any duty on the prothonotary.

The act approved the eighteenth day of April, one thousand eight hundred and ninety-three (Pamphlet Laws, one hundred five), entitled "An act authorizing and directing county commissioners of the several counties of this Commonwealth to procure, bind and preserve weekly newspapers published within their respective counties," absolutely.

The act approved the sixth day of June, one thousand eight hundred and ninety-three (Pamphlet Laws, three hundred and thirty), entitled "An act to provide for the appointment of one or more deputy coroners, and defining their powers and duties in the several counties of this Commonwealth," absolutely.

The act approved the eighth day of June, one thousand eight hundred and ninety-three (Pamphlet Laws, three hundred and ninety-three), entitled "An act creating the office of county controller in counties of this Commonwealth containing one hundred and fifty thousand inhabitants and over, prescribing his duties," absolutely.

The act approved the nineteenth day of April, one thousand eight hundred and ninety-five (Pamphlet Laws, thirty-eight), entitled "An act to regulate the erection of county buildings," absolutely.

The act approved the nineteenth day of April, one thousand eight hundred and ninety-five (Pamphlet Laws, thirty-nine), entitled "An act to further amend the first section of an act, entitled 'An act authorizing the county commissioners of the several counties of this Commonwealth to rebuild bridges owned by corporations that may be or have been destroyed by ice or otherwise and abandoned by such corporations,' approved the eighth day of June, Anno Domini one thousand eight hundred and eighty-one, as amended by an act, approved the sixteenth day of June, Anno Domini one thousand eight hundred and ninety-one, amending that part of the same which applies to bridges which cross rivers or streams forming the boundary line between two counties, or running between counties, and providing for cost of reconstructing same in proportion to the population of the respective counties," absolutely.

The act approved the twenty-first day of May, one thousand eight hundred and ninety-five (Pamphlet Laws, eighty-nine), entitled "An act relating to actions brought to ascertain or recover damages for appropriation of rights of way or easements in lands by corporations invested with the right of eminent domain, and empowering and authorizing owners of lands and corporations, municipal or otherwise, desiring to exercise the right of eminent domain in such lands, to waive the assessment of damages by viewers, and granting the right to either party to demand and have the jury engaged in trying such action visit and view said land and premises," so far as relates to counties.

The act approved the twenty-second day of May, one thousand eight hundred and ninety-five (Pamphlet Laws, ninety-six), entitled "An act authorizing the county commissioners of the several counties of this Commonwealth to erect or complete and maintain a suitable monument at the county seat of each county in memory of the soldiers and sailors of the late war," absolutely.

The act approved the twenty-second day of May, one thousand eight hundred and ninety-five (Pamphlet Laws, one hundred and one), entitled "An act authorizing the county commissioners of the several counties in this Commonwealth to appoint a county solicitor, fix his compensation and prescribe the term and duties of the solicitor," absolutely.

The act approved the twenty-fourth day of June, one thousand eight hundred and ninety-five (Pamphlet Laws, two hundred and thirty-six), entitled "An act providing for the employment and payment of janitors, firemen, engineers, mechanics, laborers and caretakers of court houses and grounds," absolutely.

Section one of the act approved the twenty-sixth day of June, one thousand eight hundred and ninety five (Pamphlet Laws, three hundred and thirty-six), entitled "An act providing for the permanent improvement of certain public roads or highways in the several counties of this Commonwealth; making such improved roads and highways county roads; authorizing the relocation, opening, straightening, widening, extension and alteration of the same, and the vacation of so much of any road as may thereby become unnecessary; authorizing the taking of property for such improvement, and providing for the compensation therefor, and the damages resulting from such taking; providing for the payment of the costs and expenses incurred in making such improvements, and in thereafter repairing and maintaining said road, and authorizing the levy of a tax to provide a fund for said purposes," in so far as it confers any powers or imposes any duties on counties, and sections two to sixteen both inclusive of said act absolutely.

The act approved the twenty-seventh day of June, one thousand eight hundred and ninety-five (Pamphlet Laws, four hundred and three), entitled "An act creating the office of county controller in counties of this Commonwealth containing one hundred and fifty thousand inhabitants and over; prescribing his duties, and abolishing the office of county auditor in said counties," absolutely.

The act approved the second day of July, one thousand eight hundred and ninety-five (Pamphlet Laws, four hundred and twenty-six), entitled "An act regulating the letting of contracts for the erection and construction of public buildings," in so far as it relates to counties.

The act approved the seventeenth day of March, one thousand eight hundred and ninety-seven (Pamphlet Laws, four), entitled "An act to amend section four of an act, approved July second, eighteen hundred and thirty-nine, entitled 'An act to provide for the election of prothonotaries, clerks, recorders and registers,' providing the manner of filling such offices in case of death or vacancy," absolutely.

Sections one, two, three and four of the act, approved the sixth day of May, one thousand eight hundred and ninety-seven (Pamphlet Laws, forty-six), entitled "An act authorizing the county commissioners of the several counties of this Commonwealth to rebuild bridges on sites owned by corporations or by private persons, or built by public subscriptions, over any stream or river forming the boundary line between two counties, where the same have been destroyed by ice, flood or otherwise at any time, or which have been or may be abandoned by the owners thereof and rebuilt on another site, and which were previously used exclusively for vehicles and foot purposes, and providing for the cost of reconstructing the same," absolutely.

Sections one and two of the act, approved the twenty-sixth day of May, one thousand eight hundred and ninety-seven (Pamphlet Laws, one hundred), entitled "An act relating to prothonotaries and their duties, and to their deputies, and to enable said deputies to act for the said prothonotaries in case of their sickness, absence, or other temporary disability," absolutely.

The act approved the twenty-sixth day of May, one thousand eight hundred and ninety-seven (Pamphlet Laws, one hundred and three), entitled "An act authorizing the county commissioners of the several counties within the Commonwealth of Pennsylvania to accept, take charge of, and enter upon the records as a county bridge any bridge over any stream or river running into or through any county, and authorizing the county commissioners of any two adjoining counties to accept, take charge of, and enter upon the records of each of said counties as a joint county bridge, any bridge over any stream forming the boundary line between the said counties, such bridge in either case having been erected and constructed at the expense of private persons, or by public subscriptions, and opened to free public travel used by the public and become necessary and convenient for public use when the same is offered to be donated to such county or counties, and providing the proper proceedings to determine the question of necessity and convenience of such bridge, and for the payment of the costs of such proceedings," absolutely.

Section one of the act approved the fourth day of June, one thousand eight hundred and ninety-seven (Pamphlet Laws, one hundred and twenty-one), entitled "An act regulating the expenses of county commissioners in counties containing a population of one hundred and fifty thousand and over," absolutely.

The act approved the ninth day of July, one thousand, eight hundred and ninety-seven (Pamphlet Laws, two hundred eighteen), entitled "An act amending the first section of the act of Assembly, approved the twenty-ninth day of April, Anno Domini one thousand eight hundred and ninety-one, 'authorizing and empowering the several counties of this Commonwealth to purchase bridges already erected, or to erect and maintain bridges or culverts with the necessary approaches, joining cities and boroughs which are separated by a river, creek or rivulet, and providing for the condemnation of land necessary for the said approaches,'" absolutely.

Section one of the act, approved the ninth day of July, one thousand eight hundred and ninety-seven (Pamphlet Laws, two hundred and thirty-eight), entitled "An act to authorize county commissioners to build, or to furnish money to aid in building, bridges in boroughs the erection of which would require more expense than it is reasonable that the borough wherein it is to be located should bear," in so far as it affects counties.

Sections one to ten inclusive of the act, approved the twenty-eighth day of April, one thousand eight hundred and ninety-nine (Pamphlet Laws, seventy-nine), entitled "An act supplementary to an act, approved the second day of June, Anno Domini one thousand eight hundred and eighty-seven, entitled 'An act authorizing the condemnation of turnpikes, roads or highways heretofore or hereafter constructed wholly or in part in any county of this Commonwealth for public use free from tolls and toll-gates and the assessment upon the proper county of the damages to which the owner or owners thereof may be entitled by a jury of viewers duly appointed by the court of quarter sessions of the proper county, and providing for the maintenance of any such condemned turnpike, road or highway by the proper city, township or district,' extending its provisions so as to authorize the condemnation of any turnpike, road or highway, in whole or in part, located upon the line dividing two counties, and to assess the damages payable to the owner or owners thereof equitably between such two counties," absolutely.

The act approved the fifth day of May, one thousand, eight hundred and ninety-nine (Pamphlet Laws, two hundred and thirty-one), entitled "An act authorizing counties of the Commonwealth of Pennsylvania to purchase, maintain, use and condemn bridges erected and in use over rivers and streams separating or dividing any part or district of such counties, and providing the manner in which compensation shall be made," absolutely.

The act approved the first day of May, one thousand nine hundred and one (Pamphlet Laws, one hundred and ten) entitled "An act providing for the vacation of any portion of any main or public road or highway the permanent improvement whereof has been authorized under an act of Assembly approved June twenty-sixth, Anno Domini one thousand eight hundred and ninety-five, and entitled 'An act providing for the permanent improvement of certain public roads or highways in the several counties of this Commonwealth; making said improved roads and highways county roads, et cetera,' and making the portions thereof so vacated township roads," except in so far as it confers any powers or imposes any duties on townships.

The act approved the eighth day of May, one thousand nine hundred and one (Pamphlet Laws, one hundred and forty), entitled "An act to amend sections one and sixteen of an act, entitled 'An act creating the office of county controller in counties of this Commonwealth containing one hundred and fifty thousand (150,000) inhabitants and over; prescribing his duties and abolishing the office of county auditor in said county, approved June twenty-seventh, one thousand eight hundred and ninety-five, so as to make it apply to all counties containing one hundred and fifty thousand (150,000) inhabitants, and authorizing the Governor to fill vacancies," absolutely.

The act approved the eleventh day of May, one thousand nine hundred and one (Pamphlet Laws, one hundred and eighty-four), entitled "An act to amend an act, authorizing the county commissioners of the several counties of this Commonwealth to erect or complete and maintain a suitable monument at the county seat of each county in memory of the soldiers and sailors of the late war, so as to authorize said county commissioners under the same regulations to pay debts already contracted for and about the erection and maintenance of such a monument, and for work done and material furnished thereof," absolutely.

The act approved the eleventh day of May, one thousand nine hundred and one (Pamphlet Laws, one hundred and eighty-five), entitled "An act authorizing appeals from the court of common pleas to the Supreme and Superior Courts in cases which are appeals from settlements or reports of county, borough or township auditors," as to reports of county auditors.

The act approved the thirteenth day of May, one thousand nine hundred and one (Pamphlet Laws, one hundred and ninety-one), entitled "An act to amend the first and second sections of an act, entitled 'An act authorizing the county commissioners of the several counties of this Commonwealth to rebuild bridges on sites owned by corporations, or by private persons, or built by public subscriptions, over any stream or river forming the boundary line between two counties, where the same have been destroyed by ice, flood, or otherwise at any time, or which have been or may be abandoned by the owners thereof and rebuilt on another site, and which were previously used exclusively for vehicles and foot purposes, and providing for the cost of reconstructing the same,' approved the sixth day of May, Anno Domini, one thousand, eight hundred and ninety-seven," absolutely.

The act approved the twenty-first day of May, one thousand nine hundred and one (Pamphlet Laws, two hundred and sixty-eight), entitled "An act authorizing county commissioners of the several counties of this Commonwealth to construct any public road leading to either end of a county bridge across any river in this Commonwealth," absolutely.

The act approved the twenty-first day of May, one thousand nine hundred and one (Pamphlet Laws, two hundred and seventy-four), entitled "An act to encourage county historical societies," absolutely.

Section one of the act, approved the twenty-fifth day of May, one thousand nine hundred and one (Pamphlet Laws, three hundred and one), entitled "An act authorizing change of location of new county buildings on public squares or commons," absolutely.

The act approved the twelfth day of June, one thousand nine hundred and one (Pamphlet Laws, five hundred and fifty-nine), entitled "An act to provide for the election of one person to fill the office of prothonotary, one person to fill the office of clerk of the courts of general quarter sessions and oyer and terminer, one person to fill the office of register of wills and clerk of the orphans' court, and one person to fill the office of recorder of deeds, in counties containing forty thousand inhabitants, and hereafter created separate judicial districts under the Constitution," absolutely.

The act approved the ninth day of July, one thousand nine hundred and one (Pamphlet Laws, six hundred and twenty), entitled "An act to further amend the first section of an act, entitled 'An act to amend the first and second sections of an act, entitled "An act authorizing the county commissioners of the several counties of this Commonwealth to rebuild bridges on sites owned by corporations, or by private persons, or built by public subscriptions over any stream or river forming the boundary line between two counties, where the same have been destroyed by ice, flood or otherwise at any time, or which have been or may be abandoned by the owners thereof and rebuilt on another site, and which were previously used exclusively for vehicles and foot purposes, and providing for the cost of reconstructing the same,"' approved the thirteenth day of May, Anno Domini one thousand nine hundred and one," absolutely.

The act approved the tenth day of July, one thousand nine hundred and one (Pamphlet Laws, six hundred and thirty-one), entitled "An act authorizing the county commissioners to borrow money and issue bonds, for the purpose of building, improving and repairing public roads and highways in their respective counties, in pursuance of the provisions of an act, entitled 'An act providing for the permanent improvement of certain public roads or highways in the several counties of this Commonwealth; making such improved roads and highways county roads; authorizing the relocation, opening, straightening, widening, extension and alteration of the same, and the vacation of so much of any road as may become unnecessary; authorizing the taking of property for such improvement, and providing for the compensation thereof, and the damages resulting from such taking; providing for the payment of the costs and expenses incurred in making such improvements, and in thereafter repairing and maintaining said roads, and authorizing the levy of a tax to provide a fund for said purposes,' approved June twenty-sixth, Anno Domini one thousand eight hundred and ninety-five" absolutely.

The act approved the tenth day of July, one thousand nine hundred and one (Pamphlet Laws, six hundred and fifty), entitled "An act to provide for the maintenance and repair in certain cases of abandoned turnpikes or parts thereof," absolutely.

Section one of the act, approved the fifth day of March, one thousand nine hundred and three (Pamphlet Laws, thirteen), entitled "An act to authorize county commissioners to provide ferries, or temporary ways, over streams where county bridges shall have been heretofore and shall hereafter be destroyed or rendered impassable by fire, storm, flood or other casualty, and legalizing prior expenditures therefor by county commissioners," absolutely.

The act approved the eighteenth day of March, one thousand nine hundred and three (Pamphlet Laws, twenty-eight), entitled "An act regulating the filing of reports of viewers or juries of view appointed by the courts of this Commonwealth to assess damages and benefits for the taking, injury or destruction of private property in the construction or enlargement of public works, highways or improvements," in so far as it relates to counties.

Sections four, five, six, eight and ten of the act, approved the twenty-sixth day of March, one thousand nine hundred and three (Pamphlet Laws, seventy-one), entitled "An act relating to the location, construction and maintenance of viaducts and bridges in cities and adjacent territory; empowering the several cities of this Commonwealth to construct or have constructed bridges or viaducts over rivers, creeks, streams, railroads and private lands, or over and across any of them, for public highways, and to procure locations therefor by purchase or condemnation proceedings, whether the same be wholly within or partly within and partly without the city limits; authorizing said cities to unite and enter into a contract or contracts with the county commissioners of the proper county, and with railroad, street railway and other companies and parties interested, or with any of them, for the erection, construction and maintenance of said viaducts and bridges, and for the payment of the damages caused by their location and erection, and forbidding any railroad company to pass under any such viaduct or bridge without contributing to the cost of maintenance thereof," in so far as it confers any powers or imposes any duties on counties.

The act approved the twenty-seventh day of March, one thousand nine hundred and three (Pamphlet Laws, seventy-four), entitled "An act to amend an act, entitled 'An act to amend an act of Assembly approved the eleventh day of June, Anno Domini one thousand eight hundred and seventy-nine, entitled "A supplement to the act of Assembly approved the thirteenth day of June, Anno Domini one thousand eight hundred and thirty-six, relative to roads and bridges, to authorize county commissioners to build bridges or furnish money to aid in building bridges, the erecting of which would require more expense than it is reasonable one or two adjoining townships should bear, in cases where the county commissioners do not deem it advisable to enter such bridges on record as county bridges,"' approved the twenty-fifth day of May, one thousand eight hundred and eighty-seven, further authorizing county commissioners to build bridges or furnish money to aid in building bridges or portions thereof in cities of the third class, the erecting of which would require more expense than is reasonable for said cities of the third class should bear, in cases where the county commissioners do not deem it advisable to enter such bridges on record as county bridges," in so far as it confers any powers or imposes any duties on counties.

The act approved the twenty-seventh day of March one thousand nine hundred and three (Pamphlet Laws eighty-three), entitled "An act to provide for the confirmation of the reports of viewers or juries of view appointed by the courts of quarter sessions to assess damages and benefits, and for the collection of damages in such procedings," in so far as it relates to public works and improvements in counties.

The act approved the third day of April, one thousand nine hundred and three (Pamphlet Laws, one hundred and thirty-six), entitled "An act to amend an act, entitled 'An act authorizing the county commissioners of the several counties of the Commonwealth to erect or complete and maintain a suitable monument at the county seat of each county in memory of the soldiers and sailors of the late war,' approved the twenty-second day of May, Anno Domini one thousand eight hundred and ninety-five," absolutely.

The act approved the twenty-first day of April, one thousand nine hundred and three (Pamphlet Laws, two hundred and twenty-eight), entitled "An act authorizing and requiring county commissioners of the several counties of this Commonwealth to have the county bridges of their respective counties painted, and the bolts of the same tightened, as often as may be necessary," absolutely.

The act approved the twenty-third day of April, one thousand nine hundred and three (Pamphlet Laws, two hundred and eighty-nine), entitled "An act to amend the forty-sixth section of an act, approved the thirteenth day of June, Anno Domini one thousand eight hundred and thirty-six, entitled 'An act relating to roads, highways and bridges,' authorizing the construction of bridges on the line of adjoining counties, or located within one-fourth of a mile from the county lines," absolutely.

The act approved the twenty-seventh day of April, one thousand nine hundred and three (Pamphlet Laws, three hundred and twenty-three), entitled "An act authorizing the county commissioners of the several counties of the Commonwealth of Pennsylvania to accept, take and thereafter maintain as a county bridge any public bridge used for public travel, built or maintained by any borough or township, or both, or any two townships within such county, over rivers, when tendered to the county commissioners for any such county by the proper authorities of such borough or townships free and without charge therefor," in so far as it confers any powers or imposes any duties on counties.

The act approved the twenty-fourth day of March, one thousand nine hundred and five (Pamphlet Laws, fifty), entitled "An act providing for the erection of county bridges over any river, creek or rivulet forming the boundary between any borough and township of the first and second class, where the same crosses a public highway, and providing for the cost and maintenance of the same," absolutely.

The act approved the thirtieth day of March, one thousand nine hundred and five (Pamphlet Laws, eighty one), entitled "An act requiring county commissioners to repair all county bridges, and to pay the expense of such repairs out of the county treasury," absolutely.

The act approved the fourteenth day of April, one thousand nine hundred and five (Pamphlet Laws, one hundred and fifty-seven), entitled "An act to provide for the running, relocating, changing, fixing and marking of county lines," absolutely.

The act approved the seventeenth day of April, one thousand nine hundred and five (Pamphlet Laws, one hundred and seventy-six), entitled "An act providing that all vacancies in the office of county treasurer in this Commonwealth shall be filled by appointment of the Governor until the next general election," absolutely.

The act approved the seventeenth day of April, one thousand nine hundred and five (Pamphlet Laws, one hundred and ninety-six), entitled "An act to amend an act, entitled 'An act authorizing the county commissioners to borrow money and issue bonds for the purpose of building, improving and repairing public roads and highways in their respective counties in pursuance of the provisions of an act entitled, "An act providing for the permanent improvement of certain roads or highways in the several counties of this Commonwealth; making such improved roads and highways county roads authorizing the relocation, opening, straightening, widening, extension and alteration of the same, and the vacation of so much of any road as may become necessary, authorizing the taking of property for such improvement and providing for the compensation thereof and the damages resulting from such taking; providing for the payment of the costs and expenses incurred in making such improvements, and in thereafter repairing and maintaining said roads, and authorizing the levy of a tax to provide a fund for said purposes," approved June twenty-six, Anno Domini one thousand eight hundred and ninety-five,' approved July tenth, Anno Domini one thousand nine hundred and one, by changing the restriction as to the amount of bonds which may be issued in any one year from one-tenth of one per cent to one-half of one per cent," absolutely.

The act approved the twentieth day of April, one thousand nine hundred and five (Pamphlet Laws, two hundred and thirty-seven), entitled "An act to provide for the repair and maintenance or improvement by the proper county, city or borough of turnpikes heretofore or hereafter appropriated or condemned, or any part thereof, for public use free of tolls," in so far as it confers any powers or imposes any duties on counties.

The act approved the twenty-second day of April, one thousand nine hundred and five (Pamphlet Laws, two hundred and ninety), entitled "An act to amend an act, entitled 'An act providing for the permanent improvement of certain public roads or highways in the several counties of this Commonwealth; making such improved roads and highways county roads; authorizing the relocation, opening, straightening, widening, extension and alteration of the same, and the vacation of so much of any such road as may thereby become unnecessary; authorizing the taking of property for such improvement, and providing for the compensation therefor, and the damage resulting from such taking; providing for the payment of the costs and expenses incurred in making such improvements, and in thereafter repairing and maintaining said road; and authorizing the levy of a tax to provide a fund for such purposes,' approved June twenty-sixth, one thousand eight hundred and ninety-five, providing that public roads and highways may be constructed, improved and maintained by the several counties of the Commonwealth as county roads, whether existing by other authority or laid out in whole or in part by virtue of this act, and providing that public roads and highways may be originally located, laid out and established for the purpose of such construction, improvement and maintenance by the several counties in the manner and by the procedure set out in the amended act, and subject to the other provisions thereof; providing for the laying out of a system of main thoroughfares, to which the establishing, construction, improvement and maintenance of public roads by the counties shall be restricted after January one, one thousand, nine hundred and seven, but providing for such establishing, construction, improvement and maintenance of roads, not parts of said system, upon parties interested, paying not less than one-fourth of the original cost of construction, and providing that the county commissioners of any county may provide rules regulating the use of roads constructed and maintained by the counties, and prescribing the penalties for the violation thereof," in so far as it confers any powers or imposes any duties on counties.

Section seven of the act, approved the eleventh day of May, one thousand, nine hundred and five (Pamphlet Laws, four hundred and forty-two), entitled "An act for the appointment and maintenance of a board, to be known as the Armory Board of the State of Pennsylvania, and for the payment of its expenses, and for providing, managing and caring for armories for the use of the National Guard of Pennsylvania throughout the Commonwealth of Pennsylvania, and making an appropriation for the same; authorizing the State Armory Board to receive from counties, cities, municipalities and other sources donations or contributions for the purpose of this act," in so far as it authorizes counties to make contributions for purposes of act.

The act approved the fifth day of March, one thousand nine hundred and six (Pamphlet Laws, seventy-four), entitled "An act making it unlawful for the commissioners of any county in this Commonwealth to contract to repair, build or rebuild any county bridges without due advertisement for sealed proposals, excepting contracts not amounting to two hundred and fifty ($250.00) dollars," absolutely.

The act approved the fifth day of March, one thousand, nine hundred and six (Pamphlet Laws, seventy-five), entitled "An act regulating the building of county bridges, and the letting of contracts therefor; authorizing the borrowing of money to pay the same; and providing for the punishing of persons who combine or conspire to stifle competition in bidding," absolutely.

The act approved the fourteenth day of February, one thousand, nine hundred and seven (Pamphlet Laws, three), entitled "An act enlarging the powers of county commissioners to erect county bridges; empowering them to erect and construct new bridges whenever the existing bridge or bridges are not sufficient for any cause to accommodate the public travel," absolutely.

The act approved the twenty-first day of March, one thousand nine hundred and seven (Pamphlet Laws, twenty-two), entitled "An act authorizing the county commissioners of the several counties, or the town councils of the several boroughs, of this Commonwealth, or both, to appropriate annually a sufficient sum of money to each post of the Grand Army of the Republic in their respective counties or boroughs to aid in defraying the expenses of Memorial Day," in so far as it relates to counties.

The act approved the fourth day of April, one thousand nine hundred and seven (Pamphlet Laws, forty-four), entitled "An act fixing the pay of commissioners of roads, viewers, reviewers and re-reviewers of roads and bridges, and commissioners appointed to run, establish or re-establish township lines, or to divide townships, or to divide townships into election districts, or boroughs into wards in this Commonwealth," in so far as it fixed the compensation of viewers, reviewers and re-reviewers of county roads and bridges.

The act approved the twenty-third day of April, one thousand nine hundred and seven (Pamphlet Laws, ninety-eight), entitled "An act authorizing county commissioners of the several counties of this Commonwealth to contract for the drilling of gas-wells in lands owned by the particular county, for the purpose of furnishing light and fuel for the county buildings of that county," absolutely.

The act approved the twenty-fifth day of April, one thousand, nine hundred and seven (Pamphlet Laws, one hundred and four), entitled "An act to amend the first section of an act, entitled 'An act to provide for the repair and maintenance or improvement by the proper county, city or borough of turnpikes heretofore or hereafter appropriated or condemned, or any part thereof, for public use free of tolls,' approved the twentieth day of April, Anno Domini, one thousand, nine hundred and five, providing for the repair and maintenance or improvement by the proper county, city or borough of turnpikes heretofore or hereafter abandoned, or any part thereof, and for the repair, maintenance or improvement of any turnpike or part thereof where the company or association owning the same has been or may hereafter be dissolved," in so far as it confers any powers or imposes any duties on counties.

The act approved the twenty-fifth day of April, one thousand nine hundred and seven (Pamphlet Laws, one hundred and nineteen), entitled "An act to amend the first section of an act, approved the thirteenth day of May, Anno Domini, one thousand, nine hundred and one, entitled 'An act to amend the first and second sections of an act, entitled "An act authorizing the county commissioners of the several counties of this Commonwealth to rebuild bridges on sites owned by corporations, or by private persons, or built by public subscriptions, over any stream or river forming the boundary line between two counties, where the same have been destroyed by ice, flood or otherwise at any time, or which have been or may be abandoned by the owners thereof and rebuilt on another site, and which were previously used exclusively for vehicles and foot purposes, and providing for the cost of reconstructing the same," approved the sixth day of May, Anno Domini, one thousand, eight hundred and ninety-seven,' striking therefrom the proviso that such bridge shall be used only for general public travel, and shall not be occupied by any railway, transportation company or private corporation," absolutely.

The act approved the first day of May, one thousand, nine hundred and seven (Pamphlet Laws, one hundred and forty-eight), entitled "An act providing for the erection and maintenance of Memorial Halls at the county seats of counties of Pennsylvania which have a population of over one hundred and fifty thousand inhabitants; authorizing and directing the county com-missioners of said counties, upon petition of fifty citizens, approved by two successive grand juries, the court of quarter sessions, and a majority vote of the qualified voters of said counties at a general election, to increase the rate of taxation for county purposes to an amount sufficient to purchase a plot of ground in such county seat and erect thereon a Memorial Hall in honor of the soldiers, sailors and marines from said counties who served in the army and navy of the United States in the war for the suppression of the rebellion, the Spanish-American war, and all other wars in defense of the American flag; designating committees to deter-mine what relics, records, et cetera, shall be placed in said Memorial Hall; restricting the cost to one hundred and fifty thousand dollars; and providing for a flagstaff and the display of the flag of the United States," absolutely.

The act approved the seventh day of May, one thousand nine hundred and seven (Pamphlet Laws, one hundred and sixty-nine), entitled "An act authorizing and requiring the county auditors in the several counties of this Commonwealth to publish their annual report of the accounts of the several officers whose accounts it is the duty of said county auditors to examine and settle; providing the manner of publication of said auditors' report; and providing for the payment of publication of said auditors' report by said county thereof," absolutely.

The act approved the seventh day of May, one thousand nine hundred and seven (Pamphlet Laws, one hundred and seventy-two), entitled "An act supplementary to an act, entitled 'An act authorizing the condemnation of turnpikes, roads or highways heretofore or hereafter constructed wholly or in part in any county of this Commonwealth for public use free from tolls and toll-gates, and the assessment upon the proper county of the damages to which the owner or owners thereof may be entitled by a jury of viewers, duly appointed by the court of quarter sessions of the proper county, and providing for the maintenance of any such condemned turnpike road or highway by the proper city, township or district,' approved the second day of June, Anno Domini, one thousand, eight hundred and eighty-seven, authorizing the court of quarter sessions of the proper county, upon petition, to appoint a second or subsequent jury of viewers, after the lapse of five years from the final confirmation of an adverse report of a former jury of viewers," absolutely.

The act approved the eighth day of May, one thousand, nine hundred and seven (Pamphlet Laws, one hundred and eighty-five), entitled "An act to amend an act, entitled 'An act to amend the forty-sixth section of an act, approved the thirteenth day of June, Anno Domini, one thousand, eight hundred and thirty-six, entitled "An act relating to roads, highways and bridges," authorizing the construction of bridges on the line of adjoining counties, or located within one fourth of a mile from the county lines,' approved the twenty-third day of April, Anno Domini one thousand nine hundred and three, so as to provide that nothing in this act shall prevent any county in this Commonwealth from erecting a bridge at any point wholly within the limits of said county, without any view or other proceeding whatsoever in any adjoining county," absolutely.

The act approved the twenty-third day of May, one thousand nine hundred and seven (Pamphlet Laws, two hundred and twenty-five), entitled "An act providing for the payment of the premiums on bonds of county, city, borough, school-district and township employes," in so far as it confers any powers or imposes any duties on counties.

Sections four, five, six, eight and ten of the act, approved the twenty-fifth day of May, one thousand, nine hundred and seven (Pamphlet Laws, two hundred and forty), entitled "An act relating to the location, construction and maintenance of viaducts and bridges in boroughs and adjacent territory; empowering the several boroughs of this Commonwealth to construct or have constructed bridges or viaducts over rivers, creeks, streams, railroads and private land, or over and across railroads, and any of them, or over and across railroads for public highways, and to procure locations therefor by purchase or condemnation proceedings, whether the same be wholly within or partly within and partly without the borough limits; authorizing said boroughs to unite and enter into a contract or contracts with the county commissioners of the proper county, and with railroad, street railway and other companies and parties interested, or with any of them, for the erection, construction and maintenance of said viaducts and bridges, and for the payment of the damage caused by their location and erection, and forbidding any railroad company to pass under or upon any such viaduct or bridge without contributing to the cost of maintenance thereof," in so far as it confers any powers or imposes any duties on counties.

The act approved the twenty-ninth day of May, one thousand, nine hundred and seven (Pamphlet Laws, three hundred and eight), entitled "An act to amend an act, entitled 'An act to authorize and require the county commissioners of the several counties of this Commonwealth to furnish supplies and fuel for certain county officers,' approved the twenty-fifth day of April, Anno Domini one thousand, eight hundred and eighty-nine (Pamphlet Laws, fifty-two), so as to include certain additional articles of supply, and to repeal the act of June eighteenth, one thousand, eight hundred and ninety-five," absolutely.

The act approved the seventh day of June, one thousand, nine hundred and seven (Pamphlet Laws, four hundred and sixty-one), entitled "An act providing a method to secure possession of lands, buildings or other property acquired under the power of eminent domain," in so far as it confers any powers or imposes any duties on counties.

The act approved the seventh day of June, one thousand, nine hundred and seven (Pamphlet Laws, four hundred and sixty-two), entitled·"An act amending an act, entitled 'An act to amend an act, entitled "An act authorizing the county commissioners of the several counties of the Commonwealth to erect or complete and maintain a suitable monument at the county seat of each county in memory of the soldiers, sailors and marines of the late war," approved the twenty-second day of May, Anno Domini, one thousand, eight hundred and ninety-five,' and providing further, 'That in counties having a population of over five hundred thousand and less than one million inhabitants, said petition may pray for the erection of a memorial hall,' approved the third day of April, Anno Domini, one thousand, nine hundred and three, to include counties having a population of fifty thousand or more," absolutely.

The act approved the twelfth day of June, one thousand nine hundred and seven (Pamphlet Laws, five hundred and twenty-three), entitled "An act amending section thirty-five (35) of an act, entitled 'An act relating to roads, highways and bridges,' approved the thirteenth day of June, Anno Domini one thousand eight hundred and thirty-six, extending the provisions of said section as to also authorize the construction of county bridges in cities and boroughs, and providing for the erection of new bridges when any existing county bridge is insufficient for any cause to accommodate the public travel," absolutely.

The act approved the eleventh day of March, one thousand nine hundred and nine (Pamphlet Laws, thirteen), entitled "An act empowering clerks designated by county controllers to administer oaths and affirmations," absolutely.

The act approved the eleventh day of March, one thousand nine hundred and nine (Pamphlet Laws, eighteen), entitled "An act authorizing the county commissioners, in counties in which a memorial hall in honor of the soldiers, sailors or marines from such county who served in the Army or Navy of the United States in the War of the Rebellion or in any other war has been or shall be hereafter erected under the laws of this Commonwealth, to acquire by purchase or condemnation additional ground adjoining that upon which said memorial hall is erected, in order to enhance and preserve the beauty and character of said memorial hall, and the object had in its erection, and also authorizing said commissioners to equip, furnish and decorate said memorial hall; limiting the cost thereof, and providing for the paying of such cost by taxation or by issuing and selling bonds," absolutely.

The act approved the fifteenth day of March, one thousand nine hundred and nine (Pamphlet Laws, thirty-three), entitled "An act relating to armories for the National Guard of Pennsylvania; authorizing counties, cities, towns, boroughs and other municipal divisions of the Commonwealth to provide and appropriate moneys, or purchase and convey land or convey land owned by any county, city, town, borough or other municipal division of the Commonwealth to assist the Armory Board in the erection of armories; and to furnish free of cost to the Commonwealth water, light, fuel, either or all for use in any armory," in so far as it confers any powers or imposes any duties on counties.

The act approved the eighteenth day of March, one thousand nine hundred and nine (Pamphlet Laws, forty-four), entitled "An act to authorize the district attorney of any county in this Commonwealth, wherein no assistant district attorney is provided by existing law, to appoint an assistant to aid in the preparation and trial of any indictment for homicide or murder, and to provide for the compensation of such assistant out of the treasury of the proper county," absolutely.

Sections one and eight of the act, approved the twenty-fourth day of March, one thousand nine hundred and nine (Pamphlet Laws, sixty-nine), entitled "An act authorizing municipalities to purchase, condemn, maintain and use public toll-bridges crossing rivers or streams within the limits thereof, and to enter into a contract with the county commissioners of the proper county, when said commissioners are duly authorized thereto by the court of quarter sessions, on petition of twenty or more tax-payers of such county, whereby the said county shall pay a portion of the cost thereof, and giving power to the municipalities to charge and collect tolls or rentals for the use of any such bridge from railway, telephone and telegraph companies, and other persons making a use thereof for other than ordinary public foot and vehicle travel; and providing for the preservation of existing contracts with such persons and their assignment to such municipality," in so far as it confers any powers or imposes any duties on counties.

The act approved the twenty-fourth day of March, one thousand nine hundred and nine (Pamphlet Laws, seventy-three), entitled "An act authorizing counties to purchase or condemn public toll-bridges crossing rivers or streams within the limits thereof, when duly authorized thereto by the court of quarter sessions, on petition of at least twenty tax payers of such county, and giving power to the counties to charge and collect tolls or rentals for the use of any such bridge from railway, telephone and telegraph companies and other persons making a use thereof for other than ordinary public foot and vehicle travel, and providing for the preservation of existing contracts with such persons, and their assignment to such county," absolutely.

The act approved the twenty-third day of April, one thousand nine hundred and nine (Pamphlet Laws, one hundred and seventy-one), entitled "An act making it a misdemeanor to destroy, remove or deface any sign erected on or nearby a highway for the guidance of the public, and providing for the punishment of violations of this act," in so far as it relates to signs erected by or with the consent of counties.

The act approved the sixth day of May, one thousand nine hundred and nine (Pamphlet Laws, four hundred and thirty-four), entitled "An act providing for the office of county controller in counties of this Commonwealth where such office is not now in existence, upon petition to the court of common pleas of said county of twenty-five per centum of the number of electors who voted at the November election in said county preceding the date of said petition; prescribing the duties and fixing the salary of said controller, and abolishing the office of county auditor where this act becomes operative," absolutely.

The act approved the eighth day of May, one thousand nine hundred and nine (Pamphlet Laws, four hundred and ninety-four), entitled "An act providing the manner of locating and erecting county bridges to take the place of existing bridges, the change of location of such bridges and roads connecting there-with, the vacation of old or existing bridges and roads connecting with the same," absolutely.

The act approved the eleventh day of May, one thousand nine hundred and nine (Pamphlet Laws, five hundred and six), entitled "An act providing for the construction, operation and maintenance of public highways, bridges and tunnels in the several counties of this Commonwealth; authorizing the taking of property for such improvement, and providing for the compensation therefor, and the damages teen hundred and five entitled 'An act to amend an act entitled "An act providing for the permanent improvement of certain public roads or highways in the several counties of this Commonwealth, making such improved roads and highways county roads; authorizing the relocation, opening, straightening, widening, extension and alteration of the same, and the vacation of so much of any such road as may thereby become necessary; authorizing the taking of property for such improvement, and providing for the compensation therefor, and the damage resulting from such taking; providing for the payment of the costs and ex- resulting from such taking; providing for the payment of the costs and expenses incurred in such construction, operation and maintenance; and authorizing the levy of a tax and the issuance of bonds to provide a fund for said purpose," absolutely.

The act approved the thirteenth day of May, one thousand nine hundred and nine (Pamphlet Laws, five hundred and twenty-seven), entitled "An act amending an act, approved the twenty-second day of April, Anno Domini nineteen hundred and five, entitled "An act to amend an act, entitled 'An act providing for the permanent improvement of certain public roads or highways in the several counties of this Commonwealth; making such improved roads and highways county roads; authorizing the relocation, opening, straightening, widening, extension and alteration of the same, and the vacation of so much of any such road as may thereby become necessary; authorizing the taking of property for such improvement, and providing for the compensation therefor, and the damage resulting from such taking; providing for the payment of the costs and expenses incurred in making such improvements, and in thereafter repairing and maintaining said road; and authorizing the levy of a tax to provide a fund for such purposes" approved June twenty-sixth, one thousand eight hundred and ninety-five; providing that public roads and highways may be constructed, improved and maintained by the several counties of the Commonwealth as county roads, whether existing by other authority or laid out in whole or in part by virtue of this act, and providing that public roads and highways may be originally located, laid out and established for the purpose of such construction, improvement and maintenance by the several counties, in the manner and by the procedure set out in the amended act, and subject to other provisions thereof; providing for the laying out of a system of main thoroughfares to which the establishing, construction, improvement and maintenance of public roads by the counties shall be restricted after January one, one thousand nine hundred and seven, but providing for such establishing, construction, improvement and maintenance of roads not part of said system upon parties interested paying not less than one-fourth of the original cost of construction; and providing that the county commissioners of any county may provide rules regulating the use of roads constructed and maintained by the counties, and prescribing the penalties for the violation thereof,' and providing that public roads and highways located, established, constructed and improved by the several counties, in the manner and by the procedure set out in the said act, shall thereafter be township or borough roads, and be maintained and improved by the proper township or borough," in so far as it confers any powers or imposes any duties on counties.

The act approved the fifteenth day of March, one thousand nine hundred and eleven (Pamphlet Laws, nineteen), entitled "An act to authorize county commissioners to erect and maintain dykes, banks, causeways and sluiceways on any stream, not navigable and affected by the tide or floods, for the economical protection of public property in their charge," absolutely.

The act approved the thirtieth day of March, one thousand nine hundred and eleven (Pamphlet Laws, thirty-one), entitled "An act authorizing counties containing over eight hundred thousand and less than one million four hundred thousand inhabitants to appropriate moneys for the investigation of the condition of such streams and rivers as may be wholly or partially within their boundaries for the purpose of controlling floods," absolutely.

The act approved the sixth day of April, one thousand nine hundred and eleven (Pamphlet Laws, fifty three), entitled "An act to amend section first of an act of Assembly, approved the third day of April, Anno Domini one thousand nine hundred and three, entitled 'An act to amend an act, entitled "An act authorizing the county commissioners of the several counties of the Commonwealth to erect or complete and maintain a suitable monument at the county-seat of each county in memory of the soldiers and sailors of the late war," approved the twenty-second day of May, Anno Domini one thousand eight hundred and ninety-five,' so as to make it apply to counties containing a population of not less than eight hundred thousand nor more than one million four hundred thousand," absolutely.

The act approved the twenty-seventh day of April, one thousand nine hundred and eleven (Pamphlet Laws, ninety-one), entitled "An act amending the first section of an act, approved the eighth day of May, Anno Domini one thousand eight hundred and seventy-six, entitled 'An act to authorize the acquisition by the several counties of this Commonwealth for the use of the county of bridges erected over rivers, creeks and rivulets, and for the abolition of tolls thereon,' by fixing the number of the viewers at three," absolutely.

The act approved the fifth day of May, one thousand nine hundred and eleven (Pamphlet Laws, one hundred nine), entitled "An act authorizing counties to purchase or condemn public toll-bridges crossing rivers, rivulets, streams or ravines within the limits of such county, where the same connect different municipal divisions of such county, when duly authorized thereto by the court of quarter sessions, on petition of at least twenty taxpayers of such county, and giving power to counties to charge and collect tolls or rentals for use of any such bridge from railway, telephone and telegraph companies, and other persons making a use thereof for other than ordinary foot and vehicle travel; and providing for the preservation of existing contracts with such persons and their assignment to such county," absolutely.

The act approved the eleventh day of May, one thousand nine hundred and eleven (Pamphlet Laws, two hundred nine), entitled "An act authorizing county auditors of the several counties of this Commonwealth to employ counsel to advise them in their official capacity, and providing that the compensation of such counsel shall be paid out of the funds of the proper county," absolutely.

Sections one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, and nineteen of the act, approved the eleventh day of May, one thousand nine hundred and eleven (Pamphlet Laws, two hundred forty-four), entitled "An act providing for the original location, laying out and construction of public roads or highways in the several counties of this Commonwealth, and for the permanent improvement of certain public roads or highways therein; making such originally constructed or improved roads and highways county roads; authorizing the relocation, opening, straightening, widening, extension and alteration of the same, and the vacation of so much of any road as may thereby become unnecessary; providing that the county commissioners of any county may prescribe rules regulating the use of roads constructed or maintained by the various counties, and prescribing penalties for the violation thereof; providing for the taking of property for such improvement, the compensation to be paid therefor, and the payment of damages resulting from such taking, and the manner in which such damages may be determined; providing for the payment of the costs and expenses of such construction or improvement, and in thereafter repairing and maintaining said roads; authorizing the levy of a tax, or the issuing of bonds to provide a fund for the expense thereof; prescribing a method for improving a county road lying within or traversing a borough, and apportioning the cost of such improvement, and authorizing the vacation of any county road," absolutely, and section eighteen of said act in so far as it confers any powers or imposes any duties on counties, and section twenty of said act except in so far as it confers any powers or imposes any duties on townships.

The act approved the eleventh day of May, one thousand nine hundred and eleven (Pamphlet Laws, two hundred fifty-six), entitled "An act creating a sinking fund commission in any county now or hereafter containing not less than one hundred and fifty thousand nor more than two hundred and fifty thousand inhabitants; prescribing its powers and duties, and repealing acts inconsistent herewith," absolutely.

The act approved the eleventh day of May, one thousand, nine hundred and eleven (Pamphlet Laws, two hundred sixty), entitled "An act to enable counties to borrow, appropriate and expend money for the cleansing, improvement, regulation or control of streams and rivers, and the prevention and control of floods, and for such purposes to enter into contracts with other counties, and other public authorities of this or other States or of the United States," absolutely.

The act approved the ninth day of June, one thousand, nine hundred and eleven (Pamphlet Laws, seven hundred fifty-five), entitled "An act amending the first and second sections of an act, approved the fourteenth day of April, Anno Domini, one thousand, nine hundred and five, entitled 'An act to provide for the running, relocating, changing, fixing and marking of county lines,' by changing the number of surveyors on the commission," absolutely.

The act approved the ninth day of June, one thousand, nine hundred and eleven (Pamphlet Laws, eight hundred thirty-four), entitled "An act providing for the erection of Memorial Halls at the county-seats in the different counties of Pennsylvania; authorizing and directing the county commissioners of such counties, upon petition of at least fifty citizens approved by two successive grand juries and the court of the quarter sessions, to purchase a plot of ground in such county seat, and erect thereon a Memorial Hall in honor of the soldiers, sailors and marines from such county who served in the army and navy in the War for the Suppression of the Rebellion, and all other wars in defence of the United States flag, and authorizing the levying of a tax to raise a fund to pay the purchase money of the ground and the expense of the erection of a Memorial Hall," absolutely.

The act approved the thirteenth day of June, one thousand, nine hundred and eleven (Pamphlet Laws, eight hundred ninety-five), entitled "An act creating a county sinking fund commission in the several counties of the Commonwealth of Pennsylvania, and prescribing its powers and duties," absolutely.

The act approved the fifteenth day of June, one thousand nine hundred and eleven (Pamphlet Laws, nine hundred seventy), entitled "A further supplement to an act, entitled 'A supplement to the act of Assembly, approved the thirteenth day of June, Anno Domini one thousand eight hundred and thirty-six, relative to roads and bridges, to authorize county commissioners to build bridges, or furnish money to aid in building bridges, the erecting of which would require more expense than it is reasonable one or two adjoining townships should bear, in cases where the county commissioners do not deem it advisable to enter such bridges on record as county bridges,' approved the eleventh day of June, Anno Domini one thousand eight hundred and seventy-nine, extending the same to bridges over railroads and canals," in so far as it confers any powers or imposes any duties on counties.

Sections four, five, six, eight and ten of the act, approved the fifteenth day of June, one thousand nine hundred and eleven (Pamphlet Laws, nine hundred eighty-seven), entitled "An act relating to the location, construction and maintenance of viaducts and bridges in townships of the first class and adjacent territory; empowering the board of commissioners of the several townships of the first class of this Commonwealth to construct or have constructed bridges or viaducts over rivers, creeks, streams, railroads and private land, or over and across railroads, and any of them, or over and across railroads for public highways, and to procure locations therefor by purchase or condemnation proceedings, whether the same be wholly within or partly within and partly without the township limits; authorizing said townships to unite and enter into a contract or contracts with the county commissioners of the proper county, and with railroad, street railway and other companies, and parties interested, or with any of them, for the erection, construction and maintenance of said viaducts and bridges, and for the payment of the damage caused by their location and erection; and forbidding any railroad company to pass under or upon any such viaduct or bridge without contributing to the cost of maintenance thereof," in so far as it confers any powers or imposes any duties on counties.

The act approved the nineteenth day of June, one thousand nine hundred and eleven (Pamphlet Laws, one thousand thirty-nine), entitled "An act to amend the first section of an act, approved the first day of June, Anno Domini one thousand eight hundred and eighty-three, entitled 'An act empowering and directing the county commissioners of any county to purchase ground at the county-seat for the erection thereon of such building or buildings as may be necessary for the accommodation of the courts, and of several officers of the county, and for the reception and safe-keeping of the records and other papers in charge of such officers, and also such other building or buildings as may be necessary and proper for the purpose of a county jail or workhouse, when occasion shall require the erection of such building or buildings, and, in case the said ground cannot be obtained by agreement with the owner or owners at a reasonable price in the estimation of said commissioners, then to resort to condemnation,' by fixing the number of the viewers at three," absolutely.

The act approved the nineteenth day of June, one thousand nine hundred and eleven (Pamphlet Laws, one thousand forty-eight), entitled "An act to authorize county commissioners to erect a bridge for pedestrians only, in lieu of a wagon-bridge legally authorized, when in their judgment such bridge will sufficiently accommodate public travel," absolutely.

The act approved the twentieth day of June, one thousand nine hundred and eleven (Pamphlet Laws, one thousand eighty-four), entitled "An act to amend the forty-seventh section of an act, approved the thirteenth day of June, Anno Domini one thousand eight hundred and thirty-six, entitled 'An act relating to roads, highways and bridges,' providing that the cost of construction, maintenance and repair of county bridges, which cross rivers or streams forming the boundary line between two counties, or running between counties, shall be paid for by said counties in proportion to the population of the respective counties: Provided, This shall apply to counties having a population of two hundred thousand and under, and in such counties to bridges three hundred (300) feet in length and over," absolutely.

The act approved the twenty-first day of June, one thousand nine hundred and eleven (Pamphlet Laws, one thousand one hundred twelve), entitled "An act to amend the first section of an act, approved the twenty-fourth day of April, Anno Domini one thousand nine hundred and three, entitled 'An act authorizing the board of county commissioners of the several counties of the State to furnish, on petition, appropriate metal markers for the graves of soldiers and sailors who served with honor in the military forces of the United States,' as amended by an act approved the tenth day of April, Anno Domini one thousand nine hundred and five, entitled 'An act to amend section one of an act, entitled "An act to furnish metal markers for graves of soldiers and sailors," approved the twenty-fourth day of April, Anno Domini one thousand eight hundred and ninety-three, providing that the county commissioners of the several counties of this State shall furnish markers for certain deceased soldiers and sailors,' by extending its provisions to widows of soldiers and sailors" absolutely.

The act approved the twenty-seventh day of March, one thousand nine hundred and thirteen (Pamphlet Laws, ten), entitled "An act to amend the first section of an act, entitled 'An act creating the office of county controller in counties of this Commonwealth containing one hundred and fifty thousand inhabitants and over; prescribing his duties and abolishing the office of county auditor in said counties,' approved the twenty-seventh day of June, one thousand eight hundred ninety-five as amended by the act, entitled 'An act to amend sections one and sixteen of an act, entitled "An act creating the office of county controller in counties of this Commonwealth containing one hundred and fifty thousand (150,000) inhabitants and over; prescribing his duties, and abolishing the office of county auditor in said county," approved June twenty-seventh, one thousand eight hundred and ninety-five, so as to make it apply to all counties containing one hundred and fifty thousand (150,000) inhabitants, and authorizing the Governor to fill vacancies,' approved the eighth day of May, one thousand nine hundred one, by providing for the office of controller in all counties having over one hundred thousand (100,000) inhabitants," absolutely.

The act approved the twenty-seventh day of March, one thousand nine hundred and thirteen (Pamphlet Laws, thirteen), entitled "An act to amend an act, approved the seventh day of May, one thousand nine hundred and seven entitled 'An act authorizing and requiring the county auditors in the several counties of this Commonwealth to publish their annual report of the accounts of the several officers whose accounts it is the duty of said county auditors to examine and settle; providing the manner of publication of said auditors' report, and providing for the payment of publication of said auditors' report by said county thereof,'" absolutely.

The act approved the first day of May, one thousand nine hundred and thirteen (Pamphlet Laws, one hundred fifty-five), entitled "An act regulating the letting of certain contracts for the erection, construction and alteration of public buildings," in so far as it relates to counties.

The act approved the tenth day of May, one thousand nine hundred and thirteen (Pamphlet Laws, one hundred ninety-nine), entitled "An act authorizing and empowering the county commissioners and the county solicitor and the chief clerk of said commissioners of each county to organize themselves into a State Association, for the purpose of holding annual meetings and providing for the payment of the expenses thereof," absolutely.

The act approved the fourteenth day of May, one thousand nine hundred and thirteen (Pamphlet Laws, two hundred four), entitled "An act authorizing the board of county commissioners of the several counties of the State to appropriate money for cooperative agricultural extension work, for the purpose of improving and developing the agricultural resources of the proper counties," absolutely.

The act approved the fourteenth day of May one thousand nine hundred and thirteen (Pamphlet Laws two hundred seven), entitled "An act authorizing counties to appropriate moneys for monuments or memorials in memory of the soldiers, sailors and marines of the Spanish-American War, and soldiers, sailors and marines who served on foreign soil prior to July fourth, one thousand nine hundred and two," absolutely.

The act approved the twentieth day of May, one thousand nine hundred and thirteen (Pamphlet Laws, two hundred sixty), entitled "An act authorizing counties having a population of not less than eight hundred thousand and not more than one million four hundred thousand to purchase land, when adjacent or contiguous to county roads, for park purposes, or for public comfort stations; providing for the improvement and maintenance thereof; authorizing the adoption of rules relating to the management and control of such property; providing penalties for the breach thereof and limiting the amount to be expended for the purposes aforesaid," absolutely.

The act approved the twentieth day of May, one thousand nine hundred and thirteen (Pamphlet Laws, two hundred seventy-three), entitled "An act to amend section eighteen of an act, entitled 'An act providing for the original location, laying out and construction of public roads or highways in the several counties of this Commonwealth, and for the permanent improvement of certain public roads or highways therein; making such originally constructed or improved roads and highways county roads; authorizing the relocation, opening, straightening, widening, extension and alteration of the same, and the vacation of so much of any road as may thereby become unnecessary; providing that the county commissioners of any county may prescribe rules regulating the use of roads constructed or maintained by the various counties, and prescribing penalties for the violation thereof; providing for the taking of property for such improvement, the compensation to be paid therefor, and the payment of damages resulting from such taking, and the manner in which such damages may be determined; providing for the payment of the costs and expenses of such construction or improvement, and thereafter repairing and maintaining said roads; authorizing the levy of a tax, or the issuing of bonds to provide a fund for the expense thereof; prescribing a method for improving a county road lying within or traversing a borough, and apportioning the cost of such improvement; and authorizing the vacation of any county road,' approved the eleventh day of May, Anno Domini one thousand nine hundred and eleven, by authorizing counties to contract with boroughs in the improvement of a borough street connecting with a county road; providing for the cost thereof; prescribing the method by which the contract for such improvement shall be made, and imposing the cost of maintenance of such street on the borough," in so far as it concerns any powers or imposes any duties on counties.

The act approved the twenty-first day of May one thousand nine hundred and thirteen (Pamphlet Laws two hundred eighty-seven), entitled "A supplement to an act, entitled 'An act providing for the original location, laying out and construction of public roads or highways in the several counties of this Commonwealth, and for the permanent improvement of certain public roads or highways therein; making such originally constructed or improved roads and highways county roads; authorizing the relocation, opening, straightening, widening, extension and alteration of the same, and the vacation of so much of any road as may thereby become unnecessary; providing that the county commissioners of any county may prescribe rules regulating the use of roads constructed or maintained by the various counties, and prescribing penalties for the violation thereof; providing for the taking of property for such improvement, the compensation to be paid therefor, and the payment of damages resulting from such taking, and the manner in which such damages may be determined; providing for the payment of the costs and expenses of such construction or improvement, and in thereafter repairing and maintaining said roads; authorizing the levy of a tax, or the issuing of bonds to provide a fund for the expense thereof; prescribing a method of improving a county road lying within or traversing a borough, and apportioning the cost of such improvement; and authorizing the vacation of any county road,' approved the eleventh day of May, Anno Domini nineteen hundred and eleven (Pamphlet Laws, two hundred forty-four), extending the provisions of said act to provide for the location and construction of such public roads or highways by adjoining counties of this Commonwealth, where such roads extend along and adjacent to county lines, and from one adjoining county into another, and defining the procedure and jurisdiction in such cases," absolutely.

The act approved the twenty-eighth day of May, one thousand nine hundred and thirteen (Pamphlet Laws, three hundred and sixty-eight), entitled "An act giving to all owners or tenants of lands, property or material abutting on or through which pass roads, streets, lanes or alleys, injured by the laying out, opening, widening, vacating, extending or grading of said roads, streets, lanes or alleys, or the changing of grades and lines thereof, by cities, counties, boroughs or townships within this Commonwealth, the construction and the vacating by said cities, counties, boroughs or townships of bridges and the piers, abutments, approaches, embankments, slopes or causeways therefor, or leading thereto, which abut on or pass through or along said lands, property or material, and the construction by said cities, counties, boroughs or townships of sewers in, over, upon, along or through said lands, property or material, the right to damages for said injuries directing all juries of view appointed or that shall hereafter be appointed under existing laws for assessing damages or benefits for taking, using, occupying or injuring lands, property or material; to assess said damages, if any, against said cities, counties, boroughs or townships, as the case may be, and the benefits, if any in connection therewith; granting the right of appeal to the proper court of common pleas from the report of said juries, and the trial by jury in said court of common pleas, and the right to file exceptions to said report, and the right of appeal to the Superior Court or Supreme Court after disposal of exceptions, or verdict and final judgment; and providing that this act shall apply to all existing and future proceedings," as to counties.

The act approved the fifth day of June, one thousand nine hundred and thirteen (Pamphlet Laws, four hundred nineteen), entitled "An act to authorize the display of the State, county, city, borough, or other municipal flags on public buildings in the Commonwealth," in so far as it relates to county buildings.

The act approved the twenty-fifth day of June, one thousand nine hundred and thirteen (Pamphlet Laws, five hundred fifty), entitled "An act authorizing the several counties, incorporated towns and boroughs to appropriate annually sums of money to each camp of the United Spanish War Veterans, and of the Army of the Philippines, and to each post of the American Veterans of Foreign Service in the respective counties, boroughs and towns, to aid in defraying the expenses of Memorial Day," in so far as it confers any powers or imposes any duties on counties.

The act approved the twenty-fifth day of June, one thousand nine hundred and thirteen (Pamphlet Laws, five hundred sixty-seven), entitled "An act requiring the sheriff, prothonotary, and all other county officers receiving moneys as such officers to be credited to others, to give quarterly written notice to such party or parties of the amount standing to his or her or their credit during the preceding quarter," absolutely.

The act approved the twenty-seventh day of June, one thousand nine hundred and thirteen (Pamphlet Laws, six hundred thirty-three), entitled "An act to permit viewers to award damages for the vacation of streets, roads or highways to abutting owners where no land is actually taken," in so far as it relates to counties.

The act approved the twenty-fourth day of July, one thousand nine hundred and thirteen (Pamphlet Laws, one thousand eighteen), entitled "An act making it unlawful for the commissioners of any county in this Commonwealth to contract to repair, build or rebuild any county bridges, without due advertisement for sealed proposals, excepting contracts not amounting to two hundred and fifty dollars," absolutely.

The act approved the twenty-fourth day of July, one thousand nine hundred and thirteen (Pamphlet Laws, one thousand twenty), entitled "An act to amend section two of an act, entitled 'An act authorizing and requiring county commissioners of the several counties of this Commonwealth to have the county bridges of their respective counties painted and the bolts of the same tightened as often as may be necessary,' approved the twenty-first day of April, Anno Domini one thousand nine hundred and three," absolutely.

The act approved the thirtieth day of March, one thousand nine hundred and fifteen (Pamphlet Laws, thirty-three), entitled "An act vesting in county commissioners certain powers relative to public monuments," absolutely.

The act approved the thirty-first day of March, one thousand nine hundred and fifteen (Pamphlet Laws, thirty-six), entitled "An act to amend the first section of an act, entitled 'An act to encourage county historical societies,' approved the twenty-first day of May, Anno Domini one thousand nine hundred and one, so as to provide that the commissioners' board, in counties where the population exceeds one million, may appropriate a sum not exceeding one thousand dollars annually to the chief historical society in said county," absolutely.

The act approved the fourteenth day of April, one thousand nine hundred and fifteen (Pamphlet Laws, one hundred sixteen), entitled "An act to amend section eighteen of an act, entitled 'An act providing for the original location, laying out, and construction of public roads or highways in the several counties of this Commonwealth, and for the permanent improvement of certain public roads or highways therein; making such originally constructed or improved roads and highways county roads; authorizing the relocation, opening, straightening, widening, extension and alteration of the same, and the vacation of so much of any road as may thereby become unnecessary; providing that the county commissioners of any county may prescribe rules regulating the use of roads constructed or maintained by the various counties, and prescribing penalties for the violation thereof; providing for the taking of property for such improvement, the compensation to be paid therefor, and the payment of damages resulting from such taking, and the manner in which such damages may be determined; providing for the payment of the costs and expenses of such construction or improvement, and in thereafter repairing and maintaining said roads; authorizing the levy of a tax, or the issuing of bonds to provide a fund for the expense thereof; prescribing a method for improving a county road lying within or traversing a borough, and apportioning the cost of such improvement, and authorizing the vacation of any county road,' approved the eleventh day of May, Anno Domini one thousand nine hundred and eleven, as the same was amended by an act, approved the twelfth day of May, one thousand nine hundred and thirteen, by authorizing counties to contract with municipalities in the improvement of certain streets of such municipalities connecting with a county road; providing for the cost thereof; prescribing the method by which the contract for such improvement shall be made; and imposing the cost of the maintenance of such streets on the municipalities," in so far as it confers any powers or imposes any duties on counties.

The act approved the fourteenth day of April, one thousand nine hundred and fifteen (Pamphlet Laws, one hundred twenty-two), entitled "An act providing for the payment of judgments and mortgages and other claims which are liens on property affected by public improvements, or appropriated by the exercise of the right of eminent domain," in so far as it relates to counties.

The act approved the twenty-first day of April, one thousand nine hundred and fifteen (Pamphlet Laws, one hundred fifty-nine), entitled "An act relating to the competency of witnesses, and to the rules of evidence in proceedings arising from the exercise of the right of eminent domain," in so far as it relates to counties.

The act approved the twenty-third day of April, one thousand nine hundred and fifteen (Pamphlet Laws, one hundred seventy-four), entitled "An act authorizing counties and municipalities to unite in providing in the courthouse certain rest or waiting-rooms," in so far as it confers any powers or imposes any duties on counties.

The act approved the twenty-eighth day of April, one thousand nine hundred and fifteen (Pamphlet Laws, one hundred ninety-eight), entitled "An act relating to the bonds to be given by county officers, the amount and conditions thereof, the sureties for such bonds, the payment of the premiums therefor, and the recording and custody thereof, in counties having over eight hundred thousand and less than one million five hundred thousand inhabitants," absolutely.

The act approved the sixth day of May, one thousand nine hundred and fifteen (Pamphlet Laws, two hundred and seventy-four), entitled "An act providing for the alteration of the boundaries of counties in certain cases, and for the adjustment of the indebtedness thereof," absolutely.

The act approved the fourteenth day of May, one thousand nine hundred and fifteen (Pamphlet Laws, four hundred eighty-seven), entitled "An act to amend an act, entitled 'An act authorizing the county commissioners of the several counties of this Commonwealth to erect, or complete and maintain a suitable monument at the county-seat of each county in memory of the soldiers and sailors of the late war,' approved the twenty-second day of May, Anno Domini one thousand eight hundred and ninety-five, as amended, to include the soldiers and sailors of the Spanish-American War," absolutely.

The act approved the fourteenth day of May, one thousand nine hundred and fifteen (Pamphlet Laws, five hundred thirty-two), entitled "An act authorizing county commissioners to appropriate moneys to hospitals," absolutely.

The act approved the twenty-eighth day of May, one thousand nine hundred and fifteen (Pamphlet Laws, six hundred thirty-nine), entitled "An act to amend an act, approved the twenty-ninth day of April, one thousand eight hundred and ninety-one, entitled 'An act authorizing and empowering the several counties of this Commonwealth to purchase bridges already erected, or to erect and maintain bridges or culverts with the necessary approaches, joining cities and boroughs which are separated by a river, creek or rivulet, and providing for the condemnation of land necessary for the said approaches," absolutely.

The act approved the first day of June, one thousand nine hundred and fifteen (Pamphlet Laws, seven hundred eleven), entitled "An act authorizing the county commissioners of any county to close, abandon and remove county bridges, under certain circumstances, with the consent of the grand jury and court of quarter sessions of the proper county," absolutely.

The act approved the fifth day of June, one thousand nine hundred and fifteen (Pamphlet Laws, eight hundred fifty-two), entitled "An act providing for the construction, maintenance and operation of main or trunk sanitary sewers, and of sewerage-disposal plants, by the several counties of this Commonwealth; making such main or trunk sewers and sewerage-disposal plants county sewers, and county disposal plants; for the formation of sewer districts in the several counties of this Commonwealth, the preparation of separate copies of the assessed value for county purposes of the taxable properties included in such sewer districts; authorizing the taking of property for the construction of such main or trunk sewers and disposal plants, and providing for the compensation therefor, and the damages resulting from such taking; providing for the payment of the costs and expenses incurred in the constructing, maintaining and operating of such main or trunk sewers, and disposal plants; and authorizing the levy of a tax upon said sewer districts, to provide a fund for said purposes; and providing for and regulating certain allowances and rebates to municipalities which have incurred or become liable for costs of construction," in so far as it relates to counties.

Sections two and three of the act, approved the eleventh day of June, one thousand nine hundred and fifteen (Pamphlet Laws, nine hundred forty-two), entitled "An act to amend an act, approved the fourteenth day of April, one thousand nine hundred fifteen, entitled 'An act providing for the payment of judgments and mortgages and other claims, which are liens on property affected by public improvements, or appropriated by the exercise of the right of eminent domain,'" in so far as it relates to counties.

The act approved the twenty-third day of March, one thousand nine hundred and seventeen (Pamphlet Laws, twelve), entitled "An act providing for the location, construction, operation and maintenance of public highways, bridges, tunnels, subways and underground roads, anywhere within the several counties of this Commonwealth, either wholly or partly within the territorial limits of cities, boroughs and townships thereof; authorizing the taking by the several counties of property for such improvement; and providing for the compensation therefor, and the damages resulting from such taking; providing for the entry upon and appropriation by the several counties of highways, streets and properties of cities and boroughs necessary for such improvements, and for the supervision, maintenance and control of said highways, streets and properties by said counties after said entry and appropriation; providing for the payment by the said several counties of the costs and expenses incurred and necessary in such construction, operation,·and maintenance of such improvements; providing for the contracting by the several counties with railway or transportation companies for the concurrent use of such public highways, bridges, tunnels, subways and underground roads, and authorizing the levy of a tax and the issuance of bonds by the several counties to provide a fund for said purposes," absolutely.

The act approved the third day of May, one thousand nine hundred and seventeen (Pamphlet Laws, one hundred thirty-seven), entitled "An act vesting in the persons appointed by the county commissioners of the several counties of this Commonwealth to inspect and repair county roads, improved and maintained by such counties, the power and authority now vested by law in the constables of the several cities, boroughs and townships of this Commonwealth for the preservation of the peace in and along such roads, and for the enforcement of acts of Assembly regulating the speed of automobiles and other vehicles thereon, and for the enforcement of rules and regulations governing the use of such roads; designating such persons county road caretakers; and providing for badges evidencing their authority," absolutely.

The act approved the tenth day of May, one thousand nine hundred and seventeen (Pamphlet Laws, one hundred fifty-eight), entitled "An act to authorize counties, cities, boroughs, towns, townships, school districts and poor districts, to require a bond to protect labor and materialmen; and providing for suits thereon by laborers and material-men furnishing labor and material in and about the erection, alteration, addition, and repair of public buildings," in so far as it confers any powers or imposes any duties on counties.

The act approved the twenty-fourth day of May, one thousand nine hundred and seventeen (Pamphlet Laws, two hundred seventy-six), entitled "An act authorizing and empowering the several counties of this Commonwealth to locate, lay out, open, construct and maintain public bridges, whether wholly or partly within any city, borough or township therein, across any river or stream dividing or separating any part of said county from any other part thereof, together with the necessary bridge approaches, viaduct or other approaches, to conveniently connect the same with existing streets or public roads in such cities, boroughs or townships; authorizing the cities and boroughs wherein such bridges are located to share in the cost thereof, and to provide approaches therefor; authorizing the taking and appropriation of property and rights of property, public or private, for such purposes; providing a method for making compensation for property taken, injured or destroyed thereby; authorizing the several counties to enter upon and over public streets or roads in cities, boroughs or townships for said purposes; authorizing the several counties to appropriate money, levy taxes and incur indebtedness of thereof and authorizing the several counties to charge and collect tolls and rentals for the concurrent use of such bridges and approaches by street-railway, telegraph, telephone or other corporations, or persons making use thereof other than for ordinary foot or vehicle traffic, and to enter into contracts for such use," absolutely.

Sections one, two and four of the act, approved the twenty-fourth day of May, one thousand nine hundred and seventeen (Pamphlet Laws, two hundred ninety-one), entitled "A supplement to an act, approved the eleventh day of May, one thousand nine hundred and eleven (Pamphlet Laws, two hundred forty-four), entitled 'An act providing for the original location, laying out and construction of public roads or highways in the several counties of Commonwealth, and for the permanent improvement of certain public roads or highways therein; making such originally constructed or improved roads and highways county roads; authorizing the relocation, opening, straightening, widening, extension and alteration of the same, and the vacation of so much of any road as may thereby become unnecessary; providing that the county commissioners of any county may prescribe rules regulating the use of roads constructed or maintained by the various counties, and prescribing penalties for the violation thereof; providing for the taking of property for such improvement, the compensation to be paid therefor, and the payment of damages resulting from such taking, and the manner in which such damages may be determined; providing for the payment of the costs and expenses of such construction or improvement, and in thereafter repairing and maintaining said roads; authorizing the levy of a tax, or the issuing of bonds, to provide a fund for the expense thereof; prescribing a method for improving a county road lying within or traversing a borough, and apportioning the cost of such improvement, and authorizing the vacation of any county road,' authorizing boroughs, towns and townships to enter into contracts to aid in the construction and maintenance of such roads or highways," in so far as it confers powers or imposes any duties on counties.

The act approved the twenty-fourth day of May, one thousand nine hundred and seventeen (Pamphlet Laws, two hundred ninety-nine), entitled "An act to amend section one of an act, approved the twenty-first day of March, one thousand nine hundred and seven, entitled 'An act authorizing the county commissioners of the several counties, or the town councils of the several boroughs, of this Commonwealth, or both, to appropriate annually a sufficient sum of money to each post of the Grand Army of the Republic in their respective counties or boroughs to aid in defraying the expenses of Memorial Day,' as amended, by requiring the commissioners to make appropriations also to Memorial Day, or similar organizations where there was heretofore an established post," absolutely.

The act approved the twenty-fourth day of May, one thousand nine hundred and seventeen (Pamphlet Laws, three hundred four), entitled "An act to amend an act entitled 'An act relating to prothonotaries and their duties, and to their deputies, and to enable said deputies to act for the said prothonotaries in case of their sickness, absence, or other temporary disability,' approved the twenty-sixth day of May, Anno Domini one thousand eight hundred ninety-seven, by authorizing the appointment of an additional deputy to act in case of the disability of the principal deputy prothonotary," absolutely.

The act approved the twenty-eighth day of June, one thousand nine hundred and seventeen (Pamphlet Laws, six hundred fifty), entitled "An act to amend an act, approved the eleventh day of June, one thousand nine hundred fifteen, entitled 'An act to amend an act, approved the fourteenth day of April, one thousand nine hundred fifteen entitled "An act providing for the payment of judgments and mortgages and other claims which are liens on property affected by public improvements or appropriated by the exercise of the right of eminent domain,'" excepting proceedings to ascertain damages and benefits by reason of municipal street or sewer improvements," in so far as it confers any powers or imposes any duties on counties.

The act approved the sixth day of July, one thousand nine hundred and seventeen (Pamphlet Laws, seven hundred seventy-seven), entitled "An act to ty commissioners to appropriate moneys for the maintenance and rental of certain rifle-ranges, the employment of instructors and employes in connection therewith, and for the purchase of equipment and uniforms for members of rifle-clubs who volunteer for service in their counties or answer the call of the Governor," absolutely.

The act approved the eleventh day of July, one thousand nine hundred and seventeen (Pamphlet Laws, seven hundred seventy-seven), entitled "An act to amend an act, entitled 'A supplement to an act, entitled "An act relating to roads, highways and bridges," approved the thirteenth day of June, Anno Domini eighteen hundred thirty-six,' approved the fifth day of May, one thousand nine hundred eleven so as to provide for the construction, change or alteration of parts of public roads in counties, boroughs or townships without the formality of a view, where the costs and expenses to such county, borough or township, including damages, shall not exceed three hundred dollars," in so far as it confers any powers or imposes any duties on counties.

The act approved the eleventh day of July, one thousand nine hundred and seventeen (Pamphlet Laws, eight hundred seven), entitled "An act to amend section one of an act, entitled 'An act amending the first section of an act of Assembly, approved the twenty-ninth day of April, Anno Domini one thousand eight hundred and ninety-one "authorizing and empowering the several counties of this Commonwealth to purchase bridges already erected, or to erect and maintain bridges or culverts with the necessary approaches, joining cities and boroughs which are separated by a river, creek or rivulet and providing for the condemnation of land necessary for said approaches,"' approved the ninth day of July, Anno Domini one thousand eight hundred and ninety-seven, by extending its provisions so that the same will apply to cases where a borough and township are separated by a river, creek or rivulet," absolutely.

The act approved the eighteenth day of July, one thousand nine hundred and seventeen (Pamphlet Laws, one thousand eighty-five), entitled "An act to amend section four of an act, entitled 'An act creating a county sinking fund commission in the several counties of the Commonwealth of Pennsylvania, and prescribing its powers and duties,' approved the thirteenth day of June, Anno Domini one thousand nine hundred and eleven," absolutely.

The act approved the fourteenth day of March, one thousand nine hundred and nineteen (Pamphlet Laws, nineteen), entitled "An act to amend section five of an act, approved the twenty-fourth day of July, one thousand nine hundred and thirteen (Pamphlet Laws, one thousand eighteen), entitled 'An act making it unlawful for the commissioners of any county in this Commonwealth to contract to repair, build or rebuild any county bridges, without due advertisement for sealed proposals, excepting contracts not amounting to two hundred and fifty dollars,' by excepting contracts for the repair, building or rebuilding of any bridge or bridges that will cost less than five hundred dollars," absolutely.

The act approved the eighteenth day of April, one thousand nine hundred and nineteen (Pamphlet Laws, ninety), entitled "An act to amend section one of an act, approved the fourteenth day of May, one thousand nine hundred thirteen (Pamphlet Laws, two hundred and four), entitled 'An act authorizing the board of county commissioners of the several counties of the State to appropriate money for cooperative agricultural extension work, for the purpose of improving and developing the agricultural resources of the proper counties," absolutely.

The act approved the first day of May, one thousand nine hundred and nineteen (Pamphlet Laws, one hundred and one), entitled "An act to amend the first section of an act, entitled 'An act to encourage county historical societies,' approved the twenty-first day of May, Anno Domini one thousand nine hundred and one, as amended by the act, approved the thirty-first day of March, one thousand nine hundred and fifteen, so as to increase the sum that may be appropriated to such societies, and providing for joint appropriations," absolutely.

The act approved the eighth day of May, one thousand nine hundred and nineteen (Pamphlet Laws, one hundred twenty-nine), entitled "An act providing for a State association of county controllers, and for the meetings thereof, and providing for the payment by the counties of the expenses thereof," absolutely.

The act approved the eighth day of May, one thousand nine hundred and nineteen (Pamphlet Laws, one hundred thirty-eight), entitled "An act requiring counties having a population of over one million and less than one million five hundred thousand to establish a pension fund for the employes of such counties, and providing for the administration of such fund and payments therefrom," absolutely.

The act approved the sixteenth day of May, one thousand nine hundred and nineteen (Pamphlet Laws, one hundred ninety-nine), entitled "An act making it lawful for twenty-five or more resident taxpayers of any county in this Commonwealth, in which any turnpike road or highway is wholly or partly located, upon which tolls are charged the traveling public, to present their petition to the county commissioners of their county, setting forth that it would be for the best interests of the people of their county that such turnpike, road or highway, or part thereof, should be purchased and become a public road, free from tolls and toll-gates, and thereupon for the county commissioners of the petitioners' county to purchase the same for public use, free from tolls and toll-gates, if a price therefor can be agreed upon with the owners thereof, and pay for the same out of the funds of their county not otherwise appropriated, and, if such county has not sufficient funds, to issue bonds of said county for that purpose; and providing that any turnpike road or highway, or part thereof, so purchased and made a public road, shall thereafter be repaired, maintained and improved by the county, township, borough or city in which the same or part thereof is located," absolutely.

The act approved the thirty-first day of May, one thousand nine hundred and nineteen (Pamphlet Laws, three hundred fifty-five), entitled "An act to amend section two of an act, approved the twenty-first day of April, one thousand nine hundred and three (Pamphlet Laws, two hundred and twenty-eight), entitled 'An act authorizing and requiring county commissioners of the several counties of this Commonwealth to have the county bridges of their respective counties painted, and the bolts of the same tightened as often as may be necessary,' as amended," absolutely.

The act approved the fourth day of June, one thousand nine hundred and nineteen (Pamphlet Laws, three hundred seventy-four), entitled "An act authorizing counties to appropriate money for and to erect monuments or memorials to commemorate the services of soldiers, sailors and marines in the war with Germany and Austria, and authorizing counties to appropriate moneys to assist in erecting such monuments or memorials," absolutely.

The act approved the seventh day of June, one thousand nine hundred and nineteen (Pamphlet Laws, four hundred fourteen), entitled "An act amending sections two, four and fifteen of an act, entitled 'An act authorizing and empowering the several counties of this Commonwealth to locate, lay out, open, construct and maintain public bridges, whether wholly or partly within any city, borough, or township therein, across any river or stream dividing or separating any part of said county from any other part thereof, together with the necessary bridge approaches, viaduct or other approaches to conveniently connect the same with existing streets or public roads in such cities, boroughs or townships; authorizing the cities and boroughs wherein such bridges are located to share in the cost thereof, and to provide approaches therefor; authorizing the taking and appropriation of property and rights of property, public or private, for such purposes; providing a method for making compensation for property taken, injured or destroyed thereby; authorizing the several counties to enter upon and over public streets or roads in cities, boroughs or townships for said purposes; authorizing the several counties to appropriate money, levy taxes and incur indebtedness therefor; and authorizing the several counties to charge and collect tolls and rentals for the concurrent use of such bridges and approaches by street-railway, telegraph, telephone or other corporations or persons making use thereof other than for ordinary foot or vehicle traffic, and to enter into contracts for such use,' approved the twenty-fourth day of May, one thousand nine hundred seventeen," in so far as it confers any powers or imposes any duties on counties.

The act approved the twentieth day of June, one thousand nine hundred and nineteen (Pamphlet Laws, five hundred eleven), entitled "An act authorizing counties to widen, straighten, alter or change the course of unnavigable streams to insure the safety of county bridges; conferring upon counties the right of eminent domain in connection therewith, and providing for the assessment of damages for property taken, injured or destroyed," absolutely.

Section one of the act, approved the eighth day of July, one thousand nine hundred and nineteen (Pamphlet Laws, seven hundred thirty-eight), entitled "An act to amend sections thirteen and twenty of an act, approved the eleventh day of May, one thousand nine hundred and eleven (Pamphlet Laws, two hundred forty-four), entitled "An act providing for original location, laying out and construction of public roads or highways in the several counties of this Commonwealth, and for the permanent improvement of certain public roads or highways therein; making such originally constructed or improved roads and highways county roads; authorizing the relocation, opening, straightening, widening, extension and alteration of the same, and the vacation of so much of any road as may there by become unnecessary; providing that the county commissioners of any county may prescribe rules regulating the use of roads constructed or maintained by the various counties, and prescribing penalties for the violation thereof; providing for the taking of property for such improvement, the compensation to be paid therefor, and the payment of damages resulting from such taking, and the manner in which such damages may be determined; providing for the payment of the costs and expenses of such construction or improvement, and in thereafter repairing and maintaining said roads; authorizing the levy of a tax or the issuing of bonds to provide a fund for the expense thereof; prescribing a method for improving a county road lying within or traversing a borough, and apportioning the cost of such improvement, and authorizing the vacation of any county road,' providing for the repair, maintenance and vacation of abandoned and condemned turnpikes," absolutely, and section two thereof, except in so far as it confers any powers or imposes any duties on town-ships.

The act approved the eighth day of July, one thousand nine hundred and nineteen (Pamphlet Laws seven hundred sixty-one), entitled "An act empowering the several counties of this Commonwealth to contract with any city within such county for the payment by the county of a portion of the cost of the laying out and construction of any public highway bridge connecting different portions of said city, or portions of said city and any township bordering thereon but separated therefrom by any intervening valley or ravine, and empowering such county to appropriate money, levy taxes, and incur indebtedness therefor," except in so far as it confers any powers or imposes any duties on cities.

The act approved the eighth day of July, one thousand nine hundred and nineteen (Pamphlet Laws, seven hundred sixty-two), entitled "An act authorizing county commissioners to appropriate moneys to certain cities or boroughs to assist in the erection of comfort stations," absolutely.

The act aproved the eighth day of July, one thousand nine hundred and nineteen (Pamphlet Laws, seven hundred eighty-four), entitled "An act authorizing counties, cities and boroughs to furnish rooms in public buildings for meeting places for certain organizations," in so far as it confers any powers or imposes any duties on counties.

The act approved the tenth day of July, one thousand nine hundred and nineteen (Pamphlet Laws, eight hundred eighty-seven), entitled "An act dividing the counties of this Commonwealth into eight classes; designating the mode of ascertaining and changing the classification of counties, and providing for the regulation of their affairs according to their respective classes," absolutely.

The act approved the twelfth day of July, one thousand nine hundred and nineteen (Pamphlet Laws, nine hundred eighteen), entitled "An act amending sections one, three, five and twelve of an act, entitled 'An act providing for the original location, laying out and construction of public roads or highways in the several counties of this Commonwealth, and for the permanent improvement of certain public roads or highways therein; making such originally constructed or improved roads and highways county roads; authorizing the relocation, opening, straightening, widening, extension and alteration of the same, and the vacation of so much of any road as may thereby become unnecessary; providing that the county commissioners of any county may prescribe rules regulating the use of roads constructed or maintained by the various counties and prescribing penalties for the violation thereof; providing for the taking of property for such improvement, the compensation to be paid therefor, and the payment of damages resulting from such taking, and the manner in which such damages may be determined; providing for the payment of the costs and expenses of such construction or improvement, and in thereafter repairing and maintaining said roads; authorizing the levy of a tax or the issuing of bonds to provide a fund for the expense thereof; prescribing a method for improving a county road lying within or traversing a borough, and apportioning the cost of such improvement; and authorizing the vacation of any county road,' approved the eleventh day of May, one thousand nine hundred eleven," absolutely.

The act approved the thirty-first day of March, one thousand nine hundred and twenty-one (Pamphlet Laws, seventy-six), entitled "An act amending section two of an act, entitled 'An act authorizing and empowering the county commissioners and the county solicitor and the chief clerk of said commissioners of each county to organize themselves into a State Association, for the purpose of holding annual meetings, and providing for the payment of the expenses thereof,' approved the tenth day of May, Anno Domini one thou-sand nine hundred thirteen, as amended, by providing that the necessary expenses of the convention shall not be more than fifty dollars to any county per annum," absolutely.

The act approved the thirty-first day of March, one thousand nine hundred and twenty-one (Pamphlet Laws, seventy-nine), entitled "An act requiring county commissioners of the counties of the sixth class to furnish the county officers with certain services, equipment and supplies at the expense of the county," absolutely.

The act approved the fifth day of April, one thousand nine hundred and twenty-one (Pamphlet Laws, ninety-four), entitled "An act requiring the county commissioners in all counties of the fifth, sixth, seventh and eighth class of this Commonwealth to provide an office at the county-seat for the district attorney, and his assistants, if any, and to furnish supplies, postage, telephone, fuel and light required for his and their use," absolutely.

The act approved the sixth day of April, one thousand nine hundred and twenty-one (Pamphlet Laws, one hundred), entitled "An act authorizing removal of county jails, prisons or workhouses from public parks, squares or commons in counties of the fourth class, and the erection of new county jails, prisons or workhouses at or near the county-seat of said counties, and regulating the disposal of such abandoned county jails, prisons or workhouses, and the ground upon which the same may be located," absolutely.

The act approved the seventh day of April, one thousand nine hundred and twenty-one (Pamphlet Laws, one hundred seventeen), entitled "An act providing for the repair by the county commissioners of bridges, viaducts or subways, carrying a public highway over or under any railroad, street railway or other highway, where a dispute exists between municipal authorities, or between municipal authorities and public service corporations, as to the responsibility for such repair, and providing for the collection of the cost of such repairs and supervision of the work," absolutely.

The act approved the thirteenth day of April, one thousand nine hundred and twenty-one (Pamphlet Laws, one hundred thirty-eight), entitled "An act providing for the assessment of benefits and award of damages by the viewers appointed in counties of the second class pursuant to the provisions of an act, approved the eleventh day of May, one thousand nine hundred eleven (Pamphlet Laws, two hundred forty-four), entitled 'An act providing for the original location, laying out and construction of public roads or highways in the several counties of this Commonwealth, and for the permanent improvement of certain public roads or highways therein; making such originally constructed or improved roads and highways county roads; authorizing the relocation, opening, straightening, widening, extension, and alteration of the same, and the vacation of so much of any road as may thereby become unnecessary; providing that the county commissioners of any county may prescribe rules regulating the use of roads constructed or maintained by the various counties, and prescribing penalties for the violation thereof; providing for the taking of property for such improvement, the compensation to be paid therefor, and the payment of damages resulting from such taking, and the manner in which such damages may be determined; providing for the payment of the costs and expenses of such construction or improvement, and in thereafter repairing and maintaining said roads; authorizing the levy of a tax, or the issuing of bonds, to provide a fund for the expense thereof; prescribing a method for improving a county road lying within or traversing a borough, and apportioning the cost of such improvement, and authorizing the vacation of any county road,' and providing for the filing, reviving and collecting of liens arising from any assessment of benefits thereunder," in so far as it relates to county roads.

The act approved the twenty-first day of April, one thousand nine hundred and twenty-one (Pamphlet Laws, two hundred sixty-eight), entitled "An act to further amend section one of the act, approved the seventh day of June, one thousand nine hundred and fifteen (Pamphlet Laws, eight hundred seventy), entitled 'An act to amend, revise and consolidate the law providing for the burial of certain honorably discharged soldiers, sailors and marines at the expense of the counties, in which they shall die or have a legal residence at the time of their death; to provide a system for effecting the burial of such soldiers, sailors and marines; to provide headstones and markers for the graves of such soldiers, sailors and marines; and to authorize the county commissioners of the several counties to purchase plots of ground for the burial of such soldiers, sailors and marines,' as amended," absolutely.

The act approved the twenty-first day of April, one thousand nine hundred and twenty-one (Pamphlet Laws, two hundred seventy-one), entitled "An act to amend section one of an act, approved the first day of June, one thousand eight hundred and eighty-three (Pamphlet Laws, fifty-eight), entitled 'An act empowering and directing the county commissioners of any county to purchase ground at the county-seat for the erection thereon of such building or buildings as may be necessary for the accommodation of the courts, and of the several officers of the county, and for the reception and safekeeping of the records and other papers in charge of such officers, and also such other building or buildings as may be necessary and proper for the purposes of a county jail or workhouse, when occasion shall require the erection of such building or buildings, and in case the said ground cannot be obtained by agreement with the owner or owners at a reasonable price in the estimation of said commissioners, then to resort to condemnation,' as amended, by providing for the purchase and condemnation of ground at or near the county seat," absolutely.

The act approved the fifth day of May, one thousand nine hundred and twenty-one (Pamphlet Laws, three hundred eighty-four), entitled "An act to provide separate accommodations for women jurors at the several courthouses, and providing that the separation of jurors in certain cases shall not work mistrials," in so far as it imposes any duties on counties.

The act approved the tenth day of May, one thousand nine hundred and twenty-one (Pamphlet Laws, four hundred seventy-three), entitled "An act providing for the burial of certain persons who are have been or shall be soldiers, sailors or marines designated as "deceased service men," defining the term 'deceased service men'; and authorizing county commissioners to provide headstones, markers and burial plots for such deceased service men at the expense of the county in which they shall die or have a legal residence at the time of their death," absolutely.

The act approved the eleventh day of May, one thousand nine hundred and twenty-one (Pamphlet Laws, four hundred seventy-seven), entitled "An act to further amend section twenty of an act, approved the eleventh day of May, one thousand nine hundred and eleven (Pamphlet Laws, two hundred forty-four), entitled 'An act providing for the original location, laying out and construction of public roads or highways in the several counties of this Commonwealth, and for the permanent improvement of certain public roads or highways therein; making such originally constructed or improved roads and highways county roads; authorizing the relocation, opening, straightening, widening, extension and alteration of the same, and the vacation of so much of any road as may thereby become unnecessary; providing that the county commissioners of any county may prescribe rules regulating the use of roads constructed or maintained by the various counties, and prescribing penalties for the violation thereof; providing for the taking of property for such improvement, the compensation to be paid therefor, and the payment of damages resulting from such taking, and the manner in which such damages may be determined; providing for the payment of the costs and expenses of such construction or improvement and in thereafter repairing and maintaining said roads; authorizing the levy of a tax, or the issuing of bonds, to provide a fund for the expense thereof; prescribing a method for improving a county road lying within or traversing a borough, and apportioning the cost of such improvement, and authorizing the vacation of any county road,' as amended, providing for the vacation of abandoned or condemned turnpikes," except in so far as it confers any powers or imposes any duties on townships.

The act approved the twelfth day of May, one thousand nine hundred and twenty-one (Pamphlet Laws, five hundred forty-four), entitled "An act authorizing counties, cities, boroughs, towns and townships to acquire lands by purchase, gift or condemnation, and to convey such lands to the Commonwealth for use of the National Guard," as to counties.

The act approved the sixteenth day of May, one thousand nine hundred and twenty-one (Pamphlet Laws, six hundred thirty-eight), entitled "An act to amend section nineteen of an act, approved the eleventh day of May, one thousand nine hundred eleven (Pamphlet Laws, two hundred forty-four), entitled 'An act providing for the original location, laying out and construction of public roads or highways in the several counties of this Commonwealth, and for the permanent improvement of certain public roads or highways therein; making such originally constructed or improved roads and highways county roads; authorizing the relocation, opening, straightening, widening, extension and alteration of the same, and the vacation of so much of any road as may thereby become unnecessary; providing that the county commissioners of any county may prescribe rules regulating the use of roads constructed or maintained by the various counties, and prescribing penalties for the violation thereof; providing for the taking of property for such improvement, the compensation to be paid therefor, and the payment of damages resulting from such taking, and the manner in which such damages may be determined; providing for the payment of the costs and expenses of such construction or improvement, and in thereafter repairing and maintaining said roads; authorizing the levy of a tax, or the issuing of bonds, to provide a fund for the expense thereof; prescribing a method for improving a county road lying within or traversing a borough, and apportioning the cost of such improvement and authorizing the vacation of any county road,' further relating to the repair of such roads and expressing the intent of the act," in so far as it confers any powers or imposes any duties on counties.

The act approved the seventeenth day of May, one thousand nine hundred and twenty-one (Pamphlet Laws, eight hundred ninety-four), entitled "An act to amend an act approved the twenty-fifth day of June, one thousand nine hundred and thirteen (Pamphlet Laws, five hundred and fifty), entitled 'An act authorizing the several counties, incorporated towns and boroughs to appropriate annually sums of moneys to each camp of the United Spanish War Veterans, and of the Army of the Philippines, and to each post of the American Veterans of Foreign Service in the respective counties, boroughs and towns to aid in defraying the expenses of Memorial Day,' by authorizing appropriations to each post of the American Legion Veterans of Foreign Wars, and to each Naval Association, and each post of the Grand Army of the Republic," in so far as it confers any powers or imposes any duties on counties.

The act approved the seventeenth day of May, one thousand nine hundred and twenty-one (Pamphlet Laws, eight hundred ninety-seven), entitled "An act to amend section one of an act, approved the twenty-first day of March, one thousand nine hundred and seven (Pamphlet Laws, twenty-two), entitled 'An act authorizing the county commissioners of the several counties, or the town councils of the several boroughs, of this Commonwealth, or both, to appropriate annually a sufficient sum of money to each post of the Grand Army of the Republic in their respective counties or boroughs to aid in defraying the expenses of Memorial Day,' as amended, authorizing county commissioners to make additional appropriations for Memorial Day purposes," absolutely.

The act approved the seventeenth day of May, one thousand nine hundred and twenty-one (Pamphlet Laws, nine hundred eight), entitled "An act regulating the closing of public highways, and providing for the locating, marking and maintenance of detours necessitated by such closing," in so far as it confers any powers or imposes any duties on counties.

The act approved the twelfth day of April, one thousand nine hundred and twenty-three (Pamphlet Laws, sixty), entitled "An act relative to the burial of the bodies of deceased widows of soldiers, sailors and marines at county expense," absolutely.

The act approved the eighteenth day of April, one thousand nine hundred and twenty-three (Pamphlet Laws, seventy-three), entitled "An act authorizing boards of county commissioners to cooperate with the Department of Agriculture and to appropriate money from county funds for the purpose of suppressing and controlling dangerous infectious disease of live stock and poultry, and dangerous plant diseases and insect pests," absolutely.

The act approved the eighteenth day of April, one thousand nine hundred and twenty-three (Pamphlet Laws, seventy-seven), entitled "An act authorizing the county commissioners to appropriate county moneys to incorporated agricultural and horticultural societies and associations," absolutely.

The act approved the twenty-third day of April,·one thousand nine hundred and twenty-three (Pamphlet Laws, eighty-two), entitled "An act to amend section five of an act, approved the tenth day of May, one thousand nine hundred and twenty-one (Pamphlet Laws, four hundred and seventy-three), entitled 'An act providing for the burial of certain persons who are, have been, or shall be soldiers, sailors or marines, designated as "deceased service men;" county commissioners to provide headstones, markers and burial plots for such deceased service men at the expense of the county in which they shall die or have a legal residence at the time of their death,'" absolutely.

The act approved the twenty-third day of April, one thousand nine hundred and twenty-three (Pamphlet Laws, eighty-five), entitled "An act to amend section six of the act, approved the tenth day of May, one thousand nine hundred and twenty-one (Pamphlet Laws, four hundred and seventy-three), entitled 'An act providing for the burial of certain persons who are, have been, or shall be soldiers, sailors, or marines, designated as "deceased service men;" defining the term "deceased service man;" and authorizing county commissioners to provide headstones, markers and burial plots for such deceased service men at the expense of the county in which they shall die or have a legal residence at the time of their death,'" absolutely.

The act approved the twenty-third day of April, one thousand nine hundred and twenty-three (Pamphlet Laws, eighty-six), entitled "An act to amend section one of the act, approved the tenth day of May, one thousand nine hundred and twenty-one (Pamphlet Laws, four hundred and seventy-three), entitled 'An act providing for the burial of certain persons who are, have been, or shall be soldiers, sailors or marines designated as "deceased service men"; defining the term "deceased service man"; and authorizing county commissioners to provide headstones, markers and burial plots for such deceased service men at the expense of the county in which they shall die or have a legal residence at the time of their death,'" absolutely.

The act approved the twenty-third day of April, one thousand nine hundred and twenty-three (Pamphlet Laws, eighty-eight), entitled "An act to require counties to cause the graves of honorably discharged soldiers, sailors and marines to be decorated with flags on Memorial Day," absolutely.

The act approved the twenty-sixth day of April, one thousand nine hundred and twenty-three (Pamphlet Laws, one hundred), entitled "An act authorizing any county separately, or counties interested jointly, to lease for a term of years, from a bridge company or corporation, any toll bridge spanning a river or stream, when such bridge is used solely for highway purposes, or jointly for highway, railroad or street railway purposes; discontinuing tolls on any such bridge during such lease, and authorizing counties to appropriate money, levy taxes and incur indebtedness for such purposes," in so far as it confers any powers or imposes any duties on counties.

The act approved the twenty-sixth day of April, one thousand nine hundred and twenty-three (Pamphlet Laws, one hundred five), entitled "An act to amend section one of the act, approved the twenty-third day of May, one thousand nine hundred and seven (Pamphlet Laws, two hundred twenty-five), entitled 'An act providing for the payment of the premiums on bonds of county, city, borough, school-district and township employes,' extending the provisions thereof to officers," in so far as it applies to counties.

The act approved the twenty-seventh day of April, one thousand nine hundred and twenty-three (Pamphlet Laws, one hundred eleven), entitled "An act to amend section six of the act, approved the twenty-seventh day of June, one thousand eight hundred and ninety-five (Pamphlet Laws, four hundred and three), entitled 'An act creating the office of county controller in counties of this Commonwealth containing one hundred and fifty thousand inhabitants and over; prescribing his duties, and abolishing the office of county auditor in said counties,'" absolutely.

The act approved the first day of May, one thousand nine hundred and twenty-three (Pamphlet Laws, one hundred twenty-eight), entitled "An act to amend an act, approved the seventeenth day of May, one thousand nine hundred and twenty-one (Pamphlet Laws, eight hundred and ninety-four), entitled 'An act to amend an act, approved the twenty-fifth day of June, one thousand nine hundred and thirteen (Pamphlet Laws, five hundred and fifty), entitled "An act authorizing the several counties, incorporated towns, and boroughs to appropriate annually sums of money to each camp of the United Spanish War Veterans, and of the Army of the Philippines, and to each post of the American Veterans of Foreign Service in the respective counties, boroughs and towns to aid in defraying the expenses of Memorial Day," by authorizing appropriations to each post of the American Legion, Veterans of Foreign Wars, and to each Naval Association, and each post of the Grand Army of the Republic,' to include authorization of appropriations to each organization of ex-servicemen incorporated under the act of April twenty-ninth, one thousand eight hundred and seventy-four, and the supplements thereto," in so far as it confers any powers or imposes any duties on counties.

The act approved the third day of May, one thousand nine hundred and twenty-three (Pamphlet Laws, one hundred thirty-one), entitled "An act creating, regulating and defining the powers of a county planning commission, and authorizing the creation of a county plan in counties of the second class; requiring the county commissioners to furnish to the commission, before passage, resolutions relating to county improvements to roads, lands, buildings or means of communications; authorizing the commission to report suggestions to the county commissioners concerning improvements, and to appear in court with reference thereto; authorizing the making of a county map and plan, including territory extending three miles beyond the county limits, showing proposed improvements in roads, lands, buildings and means of communication," absolutely.

The act approved the seventh day of May, one thousand nine hundred and twenty-three (Pamphlet Laws, one hundred forty-five), entitled "An act authorizing county commissioners to appropriate money from the funds of the county to aid in the planting of trees, and the establishment of tree nurseries, in aid of the reforestation of woodlots, of farms or any other lands denuded of timber trees which it is desired to reforest," absolutely.

The act approved the seventh day of May, one thousand nine hundred and twenty-three (Pamphlet Laws, one hundred fifty-five), entitled "An act to amend section one of the act, approved the twelfth day of June, one thousand nine hundred and one (Pamphlet Laws, five hundred and fifty-nine), entitled 'An act to provide for the election of one person to fill the office of prothonotary, one person to fill the office of clerk of the courts of general quarter sessions and oyer and terminer, one person to fill the office of register of wills and clerk of the orphans' court, and one person to fill the office of recorder of deeds, in counties containing forty thousand inhabitants, and hereafter created separate judicial districts under the Constitution,' providing that said act shall be in effect only upon the acceptance thereof," absolutely.

The act approved the nineteenth day of May, one thousand nine hundred and twenty-three (Pamphlet Laws, two hundred sixty-seven), entitled "An act authorizing probation officers of the various counties to attend the annual State Association or Conference of Probation and Parole, and providing for the payment of their expenses and membership dues by counties," absolutely.

The act approved the nineteenth day of May, one thousand nine hundred and twenty-three (Pamphlet Laws, two hundred seventy-three), entitled "An act relative to the disposition of fines and forfeitures in counties of this Commonwealth of the fourth class, and authorizing the expenditure of a portion of all of said fines for the support and maintenance of a law library in said counties," absolutely.

The act approved the twenty-third day of May, one thousand nine hundred and twenty-three (Pamphlet Laws, three hundred forty-nine), entitled "An act empowering any chief deputy, appointed by deed of any sheriff in any county of this Commonwealth, to perform any duty incumbent upon such sheriff until a written revocation of such appointment be recorded, with like effect as if such official act had been done by the sheriff in person, regardless of the ability or temporary dis-ability of such sheriff to act while such sheriff continues in office," absolutely.

The act approved the twenty-fifth day of May, one thousand nine hundred and twenty-three (Pamphlet Laws, four hundred fifty-four), entitled "An act to provide for the laying out, altering and vacating roads lying partly in one county and partly in an adjoining county, forming or intended to form a continuous highway from one county to another; and providing for the location, construction of a joint county bridge on said road," absolutely.

The act approved the thirty-first day of May, one thousand nine hundred and twenty-three (Pamphlet Laws, four hundred seventy-two), entitled "An act to amend sections two and five of the act, approved the tenth day of May, one thousand nine hundred and twenty-one (Pamphlet Laws, four hundred and seventy- three), entitled 'An act providing for the burial of certain persons who are, have been, or shall be soldiers, sailors or marines, designated as "deceased service men"; defining the term "deceased service man"; and authorizing county commissioners to provide headstones, markers and burial plots for such deceased service men at the expense of the county in which they shall die or have a legal residence at the time of their death,'" absolutely.

The act approved the eighth day of June, one thousand nine hundred and twenty-three (Pamphlet Laws, six hundred eighty-eight), entitled "An act authorizing county commissioners to appropriate money for the compilation and publication of a County War History," absolutely.

The act approved the fourteenth day of June, one thousand nine hundred and twenty-three (Pamphlet Laws, seven hundred and seventy-four), entitled "An act authorizing the sheriffs of the several counties of this Commonwealth to organize themselves into a State Association, for the purpose of holding annual meetings to secure more uniformity and cooperation in the conduct of their offices, and providing for the payment of certain expenses in connection with such meetings by the various counties," absolutely.

The act approved the twenty-eighth day of June, one thousand nine hundred and twenty-three (Pamphlet Laws, eight hundred seventy-five), entitled "An act relating to county bridges; authorizing counties to issue and sell bonds for the erection thereof, and for the acquisition of toll bridges; and providing for the division of the cost of construction and erection or acquisition of joint county bridges or toll bridges, and the collection of tolls thereon," absolutely.

The act approved the twenty-eighth day of June, one thousand nine hundred and twenty-three (Pamphlet Laws, eight hundred ninety-six), entitled "An act to amend section one of an act, approved the seventeenth day of March, one thousand nine hundred and twenty one (Pamphlet Laws, thirty-two), entitled 'An act authorizing the erection and construction by counties of memorial halls in memory of the soldiers, sailors and marines of such counties; providing for an election to determine whether such hall shall be erected; providing for the purchase and condemnation of property for such purposes; regulating the use of such halls, and providing for the maintenance and care of the same by a board of control at the expense of the county,' by providing for second like proceeding in certain cases, and making it the duty of the county commissioners, upon favorable result of a second election, to erect such hall at some place designated in the question submitted on the ballot," absolutely.

The act approved the twenty-ninth day of June, one thousand nine hundred and twenty-three (Pamphlet Laws, nine hundred twenty-seven), entitled "An act to amend section one of an act, approved the seventeenth day of March, one thousand nine hundred twenty-one (Pamphlet Laws, thirty-two), entitled 'An act authorizing the erection and construction by counties of memorial halls in memory of the soldiers, sailors and marines of such counties; providing for an election to determine whether such hall shall be erected; providing for the purchase and condemnation of property for such purposes; regulating the use of such halls, and providing for the maintenance and care of the same by a board of control at the expense of the county,'" absolutely.

The act approved the twenty-ninth day of June, one thousand nine hundred and twenty-three (Pamphlet Laws, nine hundred thirty-seven), entitled "An act to amend section five and six of an act, approved the tenth day of May, one thousand nine hundred and twenty-one (Pamphlet Laws, four hundred seventy-three), entitled 'An act providing for the burial of certain persons who are, have been, or shall be soldiers, sailors or marines, designated as "deceased service men;" defining the term "deceased service man;" and authorizing county commissioners to provide headstones, markers and burial plots for such deceased service men, at the expenses of the county in which they shall die, or have a legal residence at the time of their death,' as amended, authorizing the purchase of headstones of deceased service men buried in the county and regulating the purchase of markers," absolutely.

The act approved the twenty-ninth day of June, one thousand nine hundred and twenty-three (Pamphlet Laws, nine hundred forty), entitled "An act to further amend an act, approved the twenty-fifth day of June, one thousand nine hundred and thirteen (Pamphlet Laws, five hundred and fifty), entitled 'An act authorizing the several counties, incorporated towns and boroughs to appropriate annually sums of money to each camp of the United Spanish War Veterans, and of the Army of the Philippines, and to each post of the American Veterans of Foreign Service in the respective counties, boroughs and towns, to aid in defraying the expenses of Memorial Day,' by authorizing appropriations to each post of the Disabled American Veterans of the World War," insofar as it confers powers or imposes any duties on counties.

The act approved the twenty-ninth day of June, one thousand nine hundred and twenty-three (Pamphlet Laws, nine hundred forty-one), entitled "An act authorizing courts of common pleas of the several counties of the fifth, sixth, seventh and eighth class, to order moneys received from fines, penalties and forfeited recognizances, and dedicated by law to law library purposes, in excess of the amount required, to be paid into the county treasury for the use of the county," absolutely.

The act approved the twenty-ninth day of June, one thousand nine hundred and twenty-three (Pamphlet Laws, nine hundred sixty-seven), entitled "An act authorizing and empowering the district attorneys of each county to organize themselves into a State association, for the purpose of holding meetings, and providing for the payment of the expenses thereof, and of the district attorneys attending by the several counties," absolutely.

The act approved the twenty-ninth day of June, one thousand nine hundred and twenty-three (Pamphlet Laws, nine hundred seventy-one), entitled "An act to amend section two of the act, approved the tenth day of May, one thousand nine hundred and twenty-one (Pamphlet Laws, four hundred and seventy-three), entitled "An act providing for the burial of certain persons who are, have been, or shall be soldiers, sailors or marines, designated as "deceased service men;" defining the term "deceased service man;" and authorizing county commissioners to provide headstones, markers and burial plots for such deceased service men at the expense of the county in which they shall die or have a legal residence at the time of their death,'" absolutely.

The act approved the thirteenth day of July, one thousand nine hundred and twenty-three (Pamphlet Laws, one thousand ninety-two), entitled "An act to amend an act, approved the nineteenth day of April, one thousand eight hundred and ninety-five (Pamphlet Laws, thirty-eight), entitled 'An act to regulate the erection of county buildings,' by providing for the approval of plans of county buildings, and the letting of contracts for the construction thereof, by the body levying the taxes for general county purposes in certain counties," except in so far as it provides for the approval of plans of county buildings and the letting of contracts for the construction thereof by the body levying the taxes for general county purposes in certain counties.

The act approved the twenty-fifth day of February, one thousand nine hundred and twenty-five (Pamphlet Laws, three), entitled "A supplement to the act, approved the twenty-fourth day of May, one thousand nine hundred and seventeen (Pamphlet Laws, two hundred and ninety-seven), entitled 'An act authorizing the establishment of contagious disease hospitals in the several counties of the Commonwealth, to be constructed and maintained out of county funds,' providing for the establishment and maintenance of contagious disease hospitals by two or more counties jointly," absolutely.

The act approved the seventeenth day of March, one thousand nine hundred and twenty-five (Pamphlet Laws, thirty-four), entitled "An act authorizing counties to engage in health work, and to appropriate moneys for such purposes," absolutely.

The act approved the seventeenth day of March, one thousand nine hundred and twenty-five (Pamphlet Laws, thirty-eight), entitled "An act for the promotion of the safety of the traveling public, by authorizing counties and townships to purchase or condemn, by the right of eminent domain, property and lands along highways so as to eliminate dangerous curves and widen narrow highways," in so far as it relates to counties.

Sections one to eleven inclusive of the act, approved the twenty-third day of March, one thousand nine hundred and twenty-five (Pamphlet Laws, sixty-five), entitled "An act authorizing and regulating the establishment and operation by counties of hospitals for the treatment of persons afflicted with tuberculosis; providing for the acquisition of property for such hospitals by the power of eminent domain, the incurring of indebtedness, and the levying of taxes, the appointment of an advisory board; authorizing counties to pay for patients cared for in hospitals of other counties; authorizing counties to receive gifts or trust funds for the erection and maintenance of such hospitals; validating proceedings, elections and erections under existing laws repealed by this act, and all indebtedness incurred in connection therewith," absolutely.

The act approved the first day of April, one thousand nine hundred and twenty-five (Pamphlet Laws, one hundred seven), entitled "An act to further amend an act, approved the seventeenth day of May, one thousand nine hundred and twenty-one (Pamphlet Laws, eight hundred ninety-four), entitled 'An act to amend an act, approved the twenty-fifth day of June, one thousand nine hundred and thirteen (Pamphlet Laws, five hundred and fifty), entitled "An act authorizing the several counties, incorporated towns and boroughs to appropriate annually sums of money to each camp of the United Spanish War Veterans, and of the Army of the Philippines, and to each post of the American Veterans of Foreign Service in the respective counties, boroughs and towns to aid in defraying the expenses of Memorial Day," by authorizing appropriations to each post of the American Legion, Veterans of Foreign Wars, and to each Naval Association, and each post of the Grand Army of the Republic,' by extending the provisions thereof to cities and boroughs, and by authorizing appropriations for Armistice Day," in so far as it relates to counties.

The act approved the first day of April, one thousand nine hundred and twenty-five (Pamphlet Laws, one hundred fourteen), entitled "A supplement to an act, approved the third day of May, one thousand nine hundred and twenty-three (Pamphlet Laws, one hundred thirty-one), entitled 'An act creating, regulating and defining the powers of a county planning commission, and authorizing the creation of a county plan in counties of the second class; requiring the county commissioners to furnish to the commission, before passage, resolutions relating to county improvements to roads, lands, buildings, or means of communications; authorizing the commission to report suggestions to the county commissioners concerning improvements, and to appear in court with reference thereto; authorizing the making of a county map and plan; including territory extending three miles beyond the county limits, showing proposed improvements in roads, lands, buildings and means of communication'; requiring certain plans of streets and highways and plans, plots and replots of land to be submitted to and approved by the county planning commission before recording; determining the effect of the approval and disapproval thereof, and creating a presumption of law," in so far as it relates to county planning commissions.

The act approved the second day of April, one thousand nine hundred and twenty-five (Pamphlet Laws, one hundred eighteen), entitled "An act providing for the appropriation of moneys by counties toward the expense of installing ornamental illumination upon streets in the county seat on which county buildings abut," absolutely.

The act approved the sixth day of April, one thousand nine hundred and twenty-five (Pamphlet Laws, one hundred fifty-four), entitled "An act to amend sections four and six of the act, approved the seventeenth day of March, one thousand nine hundred and twenty-one (Pamphlet Laws, thirty-two), entitled 'An act authorizing the erection and construction by counties of memorial halls in memory of the soldiers, sailors and marines of such counties; providing for an election to determine whether such hall shall be erected; providing for the purchase and condemnation of property for such purposes; regulating the use of such halls; and providing for the maintenance and care of the same by a board of control at the expense of the county,'" absolutely.

The act approved the twenty-seventh day of April, one thousand nine hundred and twenty-five (Pamphlet Laws, three hundred forty), entitled "An act empowering counties to take, purchase or condemn property, and to appropriate money for the erection thereon of public auditoriums, libraries, memorial buildings, and monuments, and providing for their operation and maintenance," absolutely.

The act approved the twenty-ninth day of April, one thousand nine hundred and twenty-five (Pamphlet Laws, three hundred sixty-one), entitled "An act authorizing county commissioners in cases of emergency to construct or reconstruct county bridges upon the approval of the court of quarter sessions," absolutely.

The act approved the sixth day of May, one thousand nine hundred and twenty-five (Pamphlet Laws, five hundred forty-six), entitled "An act to amend section one of the act, approved the tenth day of May, one thousand nine hundred and seventeen (Pamphlet Laws, one hundred fifty-eight), entitled 'An act to authorize counties, cities, boroughs, towns, townships, school districts and poor districts to require a bond to protect labor and material-men; and providing for suits thereon by laborers and material-men furnishing labor and material in and about the erection, alteration, addition and repair of public buildings,'" in so far as it relates to counties.

The act approved the twelfth day of May, one thousand nine hundred and twenty-five (Pamphlet Laws, six hundred twenty-three), entitled "An act conferring authority on the Department of Highways and any county or township to enter upon private property adjacent to any public road or highway, and place thereon snow fence, between December first and April first of the succeeding year, and providing for the payment of damages by the authorities responsible for the maintenance of said public road or highway to the owner of adjacent property, occasioned in the actual placing or removal of said snow fence," in so far as it relates to counties.

The act approved the thirteenth day of May, one thousand nine hundred and twenty-five (Pamphlet Laws, six hundred sixty-seven), entitled "An act providing for the building or rebuilding of inter-county bridges by adjoining counties, or by a county and a city in an adjoining county, and providing for the assessment and payment of damages for lands taken for such purpose by any county," in so far as it relates to counties.

The act approved the thirteenth day of May, one thousand nine hundred and twenty-five (Pamphlet Laws, six hundred seventy), entitled "An act authorizing departments and agencies of the Commonwealth, the several counties, municipalities and other subdivisions thereof, to include in all contracts an agreement to arbitrate, under the arbitration act of one thousand eight hundred thirty-six," in so far as it relates to counties.

The act approved the thirteenth day of May, one thousand nine hundred and twenty-five (Pamphlet Laws, six hundred seventy-six), entitled "An act providing for the burial of certain persons who are, have been, or shall be soldiers, sailors or marines designated as 'deceased service men'; defining the term 'deceased service men'; authorizing county commissioners to provide markers and burial plots for such deceased service men, at the expense of such county in which they shall die, or have a legal residence at the time of their death; and providing for the burial of widows of soldiers, sailors or marines," absolutely.

The act approved the second day of March, one thousand nine hundred and twenty-seven (Pamphlet Laws, seventeen), entitled "An act to amend section one of an act, approved the eleventh day of April, one thousand nine hundred and three (Pamphlet Laws, one hundred sixty-six), entitled 'A supplement to an act, entitled "An act for the better and more impartial selection of persons to serve as jurors in each of the counties of this Commonwealth," approved the tenth day of April, one thousand eight hundred and sixty-seven, providing for a clerk to the jury commissioners, and regulating his compensation,' providing for the appointment of a clerk to the jury commissioners by the county commissioners in certain cases," absolutely.

The act approved the ninth day of March, one thousand nine hundred and twenty-seven (Pamphlet Laws, twenty-four), entitled "An act authorizing counties singly, or two or more counties acting together, to purchase land and erect buildings thereon, or to erect or add to and improve buildings already erected on lands owned by a county, for an institution for the detention of delinquent women, sentenced to imprisonment for one year or less, and regulating the establishment, management and maintenance of such institutions, and the reception, treatment, training, employment and instruction of inmates therein, and the transfer of delinquent women from county prisons thereto, or to other institutions, in certain cases," absolutely.

The act approved the seventeenth day of March, one thousand nine hundred and twenty-seven (Pamphlet Laws, thirty-seven), entitled "An act to amend section one of act, approved the fifth day of April, one thousand nine hundred and seventeen (Pamphlet Laws, fifty-two), entitled 'An act authorizing county commissioners to establish lights on county bridges,' providing for the establishment of lights on county bridges located partly in one county and partly in another county or counties, and requiring lights on certain county bridges," absolutely.

The act approved the thirtieth day of March, one thousand nine hundred and twenty-seven (Pamphlet Laws, eighty-four), entitled "An act empowering counties of the second class to acquire, by condemnation or by purchase, lease, gift, devise or otherwise, private property for the purpose of establishing, making, enlarging, extending, operating, and maintaining public parks; authorizing county commissioners to govern, manage, operate, lay out, improve and maintain the same, and to make rules and regulations for the government of said parks; providing punishments, penalties and liabilities for the violation of said rules and regulations; authorizing the issue of bonds and the levy of taxes for such purposes; and repealing an act, entitled 'An act authorizing counties having a population of not less than eight hundred thousand and not more than one million four hundred thousand to purchase land, when adjacent or contiguous to county roads, for park purposes, or for public comfort stations; providing for the improvement and maintenance thereof; authorizing the adoption of rules relating to the management and control of such property; providing penalties for the breach thereof; and limiting the amount to be expended for the purposes aforesaid,' approved the twentieth day of May, Anno Domini one thousand nine hundred thirteen, and all other acts or parts of acts inconsistent herewith," absolutely.

The act approved the seventh day of April, one thousand nine hundred and twenty-seven (Pamphlet Laws, one hundred seventy-six), entitled "An act to amend section ten of the act, approved the twenty-seventh day of June, one thousand eight hundred and ninety-five (Pamphlet Laws, four hundred and three), entitled 'An act creating the office of county controller in counties of this Commonwealth containing one hundred and fifty thousand inhabitants and over; prescribing his duties, and abolishing the office of county auditor in said counties,' which now applies to all counties having a population of one hundred thousand and over, by changing the amount above which contracts must be advertised," absolutely.

The act approved the twenty-second day of April, one thousand nine hundred and twenty-seven (Pamphlet Laws, three hundred forty-eight), entitled "An act to amend section one of the act, approved the twenty-sixth day of April, one thousand eight hundred and eighty-three (Pamphlet Laws, fifteen), entitled 'An act relative to the eligibility of candidates for the office of district attorney,'" absolutely.

The act approved the twenty-third day of April, one thousand nine hundred and twenty-seven (Pamphlet Laws, three hundred seventy-three), entitled "An act providing for the election of one person as register of wills and clerk of the orphans' court in counties of the fourth class," absolutely.

The act approved the twenty-third day of April, one thousand nine hundred and twenty-seven (Pamphlet Laws, three hundred eighty), entitled "An act authorizing the register of wills of the several counties of this Commonwealth to organize themselves into a State association, for the purpose of holding annual meetings to secure more uniformity and cooperation in the conduct of their offices, and providing for the payment of certain expenses in connection with such meetings by the various counties," absolutely.

The act approved the twenty-seventh day of April, one thousand nine hundred and twenty-seven (Pamphlet Laws, four hundred nineteen), entitled "An act to amend section two of an act, approved the twenty-eighth day of June, one thousand nine hundred and twenty-three (Pamphlet Laws, eight hundred seventy-five), entitled 'An act relating to county bridges; authorizing counties to issue and sell bonds for the erection thereof, and for the acquisition of toll bridges, and providing for the division of the costs of construction and erection or acquisition of joint county bridges or toll bridges, and the collection of tolls thereon,' by providing for the payment from tolls collected of the expenses of operating and maintaining such bridge," absolutely.

The act approved the twenty-seventh day of April, one thousand nine hundred and twenty-seven (Pamphlet Laws, four hundred twenty-three), entitled "An act to amend section one of an act, approved the sixth day of April, one thousand nine hundred and twenty-one (Pamphlet Laws, one hundred), entitled 'An act authorizing removal of county jails, prisons or workhouses from public parks, squares or commons, in counties of the fourth class, and the erection of new county jails, prisons or workhouses at or near the county-seat of said counties, and regulating the disposal of such abandoned county jails, prisons or workhouses, and the ground upon which the same may be located,' regulating the location of such jails, prisons and work houses and the acreage to be acquired therewith," absolutely.

The act approved the twenty-seventh day of April, one thousand nine hundred and twenty-seven (Pamphlet Laws, four hundred forty-seven), entitled "An act to amend the title and sections one and two of an act, approved the thirteenth day of May, one thousand nine hundred and twenty-five (Pamphlet Laws, six hundred seventy-six), entitled 'An act providing for the burial of certain persons who are, have been, or shall be soldiers, sailors or marines, designated as "deceased service men"; defining the term "deceased service men"; authorizing county commissioners to provide markers and burial plots for such deceased service men at the expense of such county in which they shall die or have a legal residence at the time of their death, and providing for the burial of widows of soldiers, sailors or marines,'" absolutely.

The act approved the fourth day of May, one thousand nine hundred and twenty-seven (Pamphlet Laws, seven hundred five), entitled "An act to amend section fifteen of an act, entitled 'An act providing for the original location, laying out and construction of public roads or highways in the several counties of this Commonwealth, and for the permanent improvement of certain public roads or highways therein; making such originally constructed or improved roads and highways county roads; authorizing the relocation, opening, straightening, widening, extension and alteration of the same, and the vacation of so much of any road as may thereby become unnecessary; providing that the county commissioners of any county may prescribe rules, regulating the use of roads constructed or maintained by the various counties, and prescribing penalties for the violation thereof; providing for the taking of property for such improvement, the compensation to be paid therefor, and the payment of damages resulting from such taking, and the manner in which such damages may be determined; providing for the payment of the costs and expenses of such construction or improvement, and in thereafter repairing and maintaining said roads; authorizing the levy of a tax or the issuing of bonds to provide a fund for the expense thereof; prescribing a method for improving a county road lying within or traversing a borough, and apportioning the cost of such improvement, and authorizing the vacation of any county road,' approved the eleventh day of May, one thousand nine hundred eleven (Pamphlet Laws, two hundred forty-four), by adding to the purposes for which the annual tax may be expended," absolutely.

The act approved the fourth day of May, one thousand nine hundred and twenty-seven (Pamphlet Laws, seven hundred thirty-eight), entitled "An act requiring counties, cities, boroughs, towns, townships, school districts and poor districts, when fixing rates of taxation in mills, to express such rates also in dollars and cents," in so far as it relates to counties.

The act approved the fifth day of May, one thousand nine hundred and twenty-seven (Pamphlet Laws, eight hundred twelve), entitled "An act to amend section one of the act, approved the twenty-fifth day of June, one thousand nine hundred and thirteen (Pamphlet Laws, five hundred and fifty), entitled 'An act authorizing the several counties, incorporated towns and boroughs to appropriate annually sums of money to each camp of the United Spanish War Veterans and of the Army of the Philippines, and to each post of the American Veterans of Foreign Service, in the respective counties, boroughs and towns, to aid in defraying the expenses of Memorial Day,' as amended, authorizing appropriations to organizations agreeing to decorate graves of Civil War Veterans," in so far as it relates to counties.

The act approved the sixth day of May, one thousand nine hundred and twenty-seven (Pamphlet Laws, eight hundred thirty-one), entitled "An act to amend section one of the act, approved the twenty-fourth day of May, one thousand nine hundred and seventeen (Pamphlet Laws, two hundred and ninety-one), entitled 'A supplement to an act, approved the eleventh day of May, one thousand nine hundred and eleven (Pamphlet Laws, two hundred forty-four), entitled "An act providing for the original location, laying out and construction of public roads or highways in the several counties of the Commonwealth, and for the permanent improvement of certain public roads or highways therein; making such originally constructed or improved roads and highways county roads; authorizing the relocation, opening, straightening, widening, extension and alteration of the same, and the vacation of so much of any road as may thereby become unnecessary; providing that the county commissioners of any county may prescribe rules regulating the use of roads constructed or maintained by the various counties, and prescribing penalties for the violation thereof; providing for the taking of property for such improvement, the compensation to be paid therefor, and the payment of damages resulting from such taking, and the manner in which such damages may be determined; providing for the payment of the costs and expenses of such construction or improvement, and in thereafter repairing and maintaining said roads; authorizing the levy of a tax, or the issuing of bonds, to provide a fund for the expense thereof; prescribing a method for improving a county road lying within or traversing a borough, and apportioning the cost of such improvement, and authorizing the vacation of any county road," authorizing boroughs, towns and townships to enter into contracts to aid in the construction and maintenance of such roads or highways,'" in so far as it relates to counties.

The act approved the fifth day of April, one thousand nine hundred and twenty-seven (Pamphlet Laws, one hundred fourteen), entitled "An act to authorize the incoming sheriff in any county to complete the official acts of his predecessor," absolutely.

Section 1052. Effect and Other Legislation.--All other acts and parts of acts inconsistent with this act are repealed. This act shall not repeal or modify any of the provisions of the Public Service Company Law, nor the act entitled "An act to preserve the purity of the waters of the State for the protection of the public health," approved the twenty-second day of April, one thousand nine hundred and five, nor shall this act repeal or modify any of the provisions of an act of Assembly amendatory of law in force at the time of the passage of this act, or otherwise, adopted at the session of the General Assembly of one thousand nine hundred and twenty-nine, whether such acts were adopted prior to the passage of this act, or shall be adopted subsequent to the passage of this act; nor shall this act repeal any such act, or part thereof, in force at the time of the passage of this act, which is amended by any act of Assembly approved at the session of the General Assembly of one thousand nine hundred and twenty-nine.

Pennsylvania Act 1929-447 — THE GENERAL COUNTY LAW - REPEALED

Act text

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