No. 70. AN ACT To validate certain municipal claims and municipal liens in the several boroughs of the Commonwealth; providing for the filing of claims therefor, and the proceedings for the collection of such claims. sewers, etc. Section 1. Be it enacted, &c., That whenever heretofore the council of any incorporated borough Boroughs. of this Commonwealth has required by ordinance, and caused to be graded, paved, curbed, or macadamized, with brick, stone or other suitable material, or otherwise improved any public street, or thoroughfare, or part thereof, either cartway or footwalk, or has caused sewers to be constructed therein, or both, pur- Claims for paving, suant to such ordinance, but owing to some defect in the petition, action of council, notice publication, or other proceeding necessary under existing laws and ordinance to give jurisdiction to such council, because of noncompliance with existing law as to publication of copies of ordinance, and posting of handbills prior to the final passage of such ordinance, or because the ordinance itself or the official record book containing the same has been lost, mislaid, or destroyed, or. has not been transcribed in the official record book, or for any other reason, the cost of such improvement, or a portion thereof, cannot be legally assessed upon the property bounding or abutting upon the street or part thereof improved, or owing to some defect in the statement of claim filed to secure the lien or the failure of the borough solicitor to sign the same for the cost of such improvement, payment thereof cannot be enforced as was contemplated by the act or acts of the General Assembly under which the improvement was attempted to be made and statement of claim filed, now, by this act, such improvements are made valid and binding, and Validation. the council of such incorporated borough may cause the property bounding or abutting upon the street or part thereof, upon which the improvement has been made or is now being made, to be assessed, in the manner now provided by law, with such a portion of the cost of such improvement as is contemplated by the law under which the improvement was made or attempted to be made or is now being made. Such assessment shall be a lien upon the property assessed. Lien. The lien shall date from the completion of the improvement for which the assessment is made, and shall remain a lien until fully paid and satisfied: Provided, That a writ of scire facias is issued to revive the same during every period of five years after the lien is filed as hereinafter provided. Renewal. Filing. Section 2. The council of any incorporated bor- prothonotary of the county within which the prop- erty lies, within six months after the completion of the work where the improvement is now in progress, or within six months after the approval of this act where the improvement is now completed, and the same shall be entered upon record as other municipal claims. Such liens shall state the name of the party claimant, which shall be the corporate name of the borough making the improvement; the name of the owner or reputed owner of the property assessed; a reasonable description of the property assessed; the amount or sum claimed to be due, which shall include interest on the assessment from the completion of the improvement where the improvement is now being made, or from date of the filing of such claim where the improvement has been heretofore completed; for what improvement the claim is made; the date of its completion; the date of the assessment for which the lien is filed. Such lien, when so filed, shall be prima facie evidence of all matters therein set forth, and of the right of the borough to recover the amount therein claimed to be due, together with the interest from the date of the lien or completion of the improve- ment, costs, and an attorney's commission of five per Section 3. The claim, when so filed, shall be pro- ceeded upon for collection by writ of scire facias: Provided, That this act shall not apply to any pro- ceeding, suit, or lien, wherein a final order or judg- ment of any court of record has already been made No. 71. AN ACT Providing for the relocation, alteration, and vacation of public roads and highways, approaching, leading into, or contiguous to parks and public grounds, title to which parks and public grounds is vested in the State of Pennsylvania, and providing remedies therefor. Approaching, lead or public grounds. tion, or vacation. Section 1. Be it enacted, &c., That whenever a public road or highway within a park or public Public roads and ground, title to which park or public grounds is vested highways. in the State of Pennsylvania, is laid out, located, relocated, altered, or vacated, in such manner that a public road or highway, approaching, leading into, ing into, or conor contiguous to such park or public grounds, shall tiguous become either useless, inconvenient, or burdensome, such public road or highway, approaching, leading into, or contiguous to such park or public grounds, may be altered, relocated, or vacated, by the town Alteration, relocaship supervisors or other officials charged with the duty of maintaining such roads or highways, in whole or in part, for the purpose of making it convenient and suitable as an approach to the roads and highways within said park or public grounds, upon the consent Consent and agreeand agreement of: (a) the commissioners or officials ment of proper charged with the care and management of said park ting owners. or public grounds; (b) the township supervisors or other officials charged with the duty of maintaining said roads or highways, approaching, leading into, or contiguous to said park or public grounds; and (c) the property owners owning the majority of the frontage of land abutting upon the relocated portion of the roads or highway, approaching, leading into, or contiguous to said park or public grounds. officials and abut and agreement. Section 2. The filing of the consent and agreement Filing of consent of commissioners or officials charged with the care and management of such park or public grounds, the township supervisors or officials charged with the maintenance of said roads and highways, and of the property owners, provided for in section one of this act, in the court of quarter sessions of the county or counties in which the altered, relocated, or vacated road or highway is situate, shall have the same force and effect as the filing and the approval and absolute confirmation by the court of quarter sessions of a report of viewers appointed in accordance with the general road law, and shall have the same force and effect as though said viewers had laid out, located, relocated, altered, or vacated such road or highway in accordance with the agreement filed as aforesaid, and the report of said viewers had been filed, approved and absolutely confirmed by the court. Conclusiveness. Maintenance and repair. Rights of property owners. Repeal. Section 3. The filing of said agreement to the court of quarter sessions shall be conclusive as to the question of the necessity for the laying out, location, relocation, alteration, or vacation of said roads or highways, as contained in the said agreement, and as to whether the said roads or highways, as laid out, located, relocated, altered, or vacated, are useless, inconvenient, and burdensome. Section 4. Such road or highway, when altered or relocated, shall be maintained and repaired in the same manner as other township roads are maintained and repaired. Section 5. The owner of any land through which any public road or highway may be relocated as provided for in the provisions of this act, may apply by petition to the court of quarter sessions of the proper county, setting forth the injury which he or she may have sustained by reason of the relocation of the said public road or highway, and the proceedings relative to the assessment and payment of damages of said land owner shall be in accordance with the provisions of the existing general road laws. Section 6. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. APPROVED-The 1st day of May, A. D. 1919. WM. C. SPROUL. No. 72. AN ACT to To amend an act, approved the seventh day of June, one thousand nine hundred and seventeen (Pamphlet Laws, five hundred and sixty), entitled "An act to amend an act, approved the ninth day of April, one thousand nine hundred fifteen, entitled 'An act to amend an act, entitled 'An act to amend an act, entitled 'An act to amend an act, entitled 'An act to amend an act, entitled 'An act to amend an act, entitled 'An act authorizing companies incorporated under the laws of any other State of the United States for the manufacture of any form of iron, steel, or glass, to erect and maintain buildings and manufacturing establishments, and to take, have, and hold real estate necessary and proper for manufacturing purposes,' approved the ninth day of June, Anno Domini one thousand eight hundred and eighty-one; extending the same to companies formed for the purpose of quarrying slate, granite, stone, or rocks, or for dressing, polishing, working, or manufacturing the same, or any of them, and to mineral springs companies, incorporated for the purpose of bottling and selling natural mineral springs water, approved the sixteenth day of June, Anno Domini one thousand eight hundred and ninetythree,' approved the nineteenth day of April, Anno Domini one thousand nine hundred and one; extending the same companies formed for the purposes of manufacturing and selling chemicals, foodstuffs, cement and cement products, and the quarrying of cement rock,' approved May twenty-eighth, one thousand nine hundred and seven; extending the same to companies incorporated for the manufacture, buying, selling, leasing, using, and operation of electrical apparatus and machinery, and articles of every kind appertaining to or in anywise connected with the production, use, regulation, control, distribution, or application of electricity or electrical energy or products for any use or purpose; constructing, acquiring, using, selling, buying, or leasing any works, construction or plant, or part thereof, connected with or involving such use, distribution, regulation, control, or application of electricity, or the control or use of electrical apparatus for any purpose; and of producing. furnishing, and supplying electricity or electrical apparatus in any form and for any purpose, and to carry on a general manufacturing business,' approved the twenty-third day of June, one thousand nine hundred and eleven; by extending the same to companies incorporated for the purpose of refining, manufacturing, or sale of petroleum and petroleum products,' by extending the same to corporations incorporated for the manufacture of leather or articles containing leather," by extending the same to companies incorporated for the purpose of buying, selling, manufacturing, or processing of silk or silk products. tions. Section 1. Be it enacted, &c., That so much of the Foreign corporaact, approved the seventh day of June, one thousand nine hundred and seventeen (Pamphlet Laws, five hundred and sixty), as reads as follows: "Section 1. It shall and may be lawful for any company incorporated under the laws of any other State for the manufacture of any form of iron, steel, or glass, or for the quarrying of slate, granite, cement rock, stone, or rocks of any kind, or for dressing, polishing, or manufacturing the same, or any of them, or for any mineral springs company incorporated for the purpose of bottling and selling natural mineral springs water, or for any company incorporated for Part of section 1, 1917 (P. L. 560), cited for amend act of June 7, ment. |