23 May 1893. Entering complaint, in landlord and tenant proceedings, Act 1863.... Fees under U. S. laws. Issuing process in landlord and tenant proceed ings, Act 1863..... Hearing and determining case, Act 1863. Record of proceedings, Act 1863.... Issuing writ of restitution (and return), Act 1863. The fees for services under the laws of the United For certificate of protection... For certificate of lost protection. Dolls. Cts. 24 June 1885. 1. P. L. 159. demand costs Warrant ... Commitment Summons for seamen in admiralty case. Hearing thereon, with docket entry. For certificate to clerk of the district court to issue admiralty process For affidavits of claims and copies thereof... IV. Appeals and Transcripts. 50 25 25 25 25 50 25 25 8. In all cases of appeal from the judgment of an alderman or a justice of the peace, the said alderman or justice shall be Aldermen may entitled to demand and receive from the appellant the costs in advance be- in the case, before the making and delivery of the transcripts tore divering for said appeal; and, if the appellant shall finally recover judgment in the case appealed, he shall be entitled to receive covered back. and collect from the adverse party the costs so as aforesaid paid on appeal.2 transcript. When to be re Id. § 2. 9. Aldermen and justices of the peace shall have the same right to demand and receive the costs as aforesaid before issuAlso costs upon ing a transcript of a judgment recovered before them for judgment. entry in the court of common pleas, or other purpose, and the party paying the same shall be entitled to recover them transcript of 1 See the Act of June 11, 1879, P. L. 148, requiring magistrates in cities to authenticate pension applications without charge. For their fees for commitment of vagrants, see that title. By the Act of July 3, 1885, P. L. 256, the compensation of witnesses before aldermen and justices of the peace, in civil and criminal cases, is fixed at 50 cents per day, and 3 cents per mile. 2 By the Act of July 15, 1897, P. L. 300, as amended by the Act of April 19, 1901, P. L. 84, where the appeal is by the defendant all costs accrued which have been paid by the plaintiff are thereupon to be returned to him, unless bail absolute is entered by the defendant for payment of debt, interest and costs on affirmance of the judgment, in which case he is required to pay the costs of the appeal only. By the Act of March 25, 1903, P. L. 61, "no appellants are from the party legally liable to pay the same; Provided, how-24 June 1885. ever, That any party to a suit before an alderman or justice Except where of the peace shall have the right to appeal, and demand and unable to pay. receive transcripts, without payment of costs as hereinbefore provided on their making and filing with the alderman or justice of the peace an affidavit that they are unable through poverty to pay said costs. § 1. P. L. 110. 10. From and after the passage of this act, it shall be the 11 June 1885. duty of all aldermen, justices of the peace and committing magistrates in this commonwealth, upon complaint being made in criminal cases upon oath or affirmation of any person or persons, to enter such complaint upon their dockets, with the name, residence and occupation, if any, of all defendants, bail and witnesses, in every criminal case, and to return to the clerk of the court of quarter sessions of the peace of the several counties respectively, a true transcript from the said Transcript in docket within five days after the binding over, or committal to be returned of any defendant or defendants, charged with any felony; days. and any willful violation of the requirements of this section is hereby declared a misdemeanor in office, and on convic- Penalty. tion thereof, the party so offending shall be fined in a sum not exceeding three hundred dollars, and the costs of prosecution.1 1 See the Act of March 10, 1905, P. L. 35, prohibiting the duplication of process cases of felony within five in criminal cases upon charges constituting but a single offense. Alleys. 1. Procedure for vacation of alleys, etc., declared nuisances by health authorities. Petition of property owners to court of quarter sessions. Contents of petition. Certificate. Jury of view to be appointed. 2. Notice of meeting of viewers. View and inquiry. Report. Award of damages and benefits. Notice of report to parties interested. Exceptions. Reconsideration of report. 3. Filing of report. Appeal to court of common pleas. Procedure on appeal. Confirmation of report. Application of act. § 1. P. L. 193. leys, etc., de ces by health quarter ses 1. From and after the passage of this act, where the 17 April 1905. bureau of health or health officers of any city, county, town- Procedure for ship, borough, or district in the state shall declare as a pub- vacation of allic nuisance and menace to health any alley, lane, or passageclared nuisan way located therein, used wholly or partly by the public, authorities. that thereupon any two or more owners of property adjacent, Petition of contiguous, or abutting upon the same, may present their property ownpetition, duly verified by oath or affirmation, to the court ers to court of of quarter sessions of the said city or county in which the sions. said alley, lane, or passageway is located, setting forth the facts regarding the said nuisance, and praying that the said alley, lane, passageway, or so much thereof as may be necessary, be vacated; which said petition shall be accompanied petition. by a certificate of the bureau of health or health officers, Certificate. setting forth that they have declared the said alley, lane, or passageway to be a public nuisance and menace to health. Contents of 17 April 1905. Jury of view to be appointed. Notice of meeting of viewers. View and inquiry. Report. Award of damages and benefits. That thereupon the said court shall appoint a jury of view of six men, being duly qualified residents of the city or county where the proceedings are had. 2. The said jury, being duly sworn or affirmed to faithfully perform their duties, shall give notice to the abutting, contiguous, and adjacent property owners, or others that are likely to be affected by the proceedings, of the time and place of the first meeting, in such manner as the court may direct; and after the said first meeting, the jury shall proceed to view the premises, and inquire into and take testimony, in the manner usually pursued by juries of view in the opening of streets and the like; and then to present and file in the court of their appointment their report, in writing, of their findings and recommendations as to whether or not the said alley, lane, or passageway, or so much thereof as may be necessary, be vacated, and awarding the damages and assessing the benefits, if any, to the properties affected thereby; Provided, That after they shall have prepared their reNotice of re- port, the jury shall give notice in writing to all the parties port to parties to be affected by the said report, at least ten days before the day therein named for its filing, that the same is open to inspection, at a place, within the said city or county, named therein; within which period any party or person aggrieved thereby shall have the right to file with the jury exceptions thereto; whereupon it shall be the duty of the said jury to proceed to reconsider their said report with the exceptions; tion of report. and if the same or any part thereof are, in their opinion, in part or in whole, well founded, then it shall become their duty to modify their said report as justice may require; and thereupon file the same in the court of their appointment. interested. Exceptions. Reconsidera Filing of report. Appeal to court of common pleas. 3. If, however, no exceptions be filed within the period of the notice, then it shall be the duty of the said jury, at the expiration of the said period, to forthwith file its said report in the court of their appointment; Provided further, That any party or person affected by the said report shall have, after the same is filed in the court aforesaid, the right to appeal to the court of common pleas of the city or county where the proceedings are had, within thirty days after the filing of the said report; whereupon the appeal shall, as to Procedure on the parties thereto, proceed in the same manner as actions of trespass are now conducted. At the end of the period allowed for appeal, the said report shall be absolutely confirmed by the court aforesaid, as to such awards or assessment of benefits from which no appeals have been taken; Application of Provided, That this act shall not apply in any case where the vacation of such alley, lane, or passageway shall wholly deprive any lot or lots of ground abutting thereon of the sole means of ingress or egress to or from such lot or lots, otherwise than to or from the front line or main line thereof; And provided further, That the provisions of this act shall appeal. Confirmation of report. act. not apply to any lane, alley, or passageway created or ex- 17 April 1905. isting by grant or contract, and not heretofore accepted by the public authority of the city, borough, or township in which the same may be located.1 1 See the Act of March 21, 1905, P. L. 46, providing for the vacation of streets and alleys unopened for period of thirty years; title "Streets." Annexation of Territory. 1. Annexation of city, borough or township to contiguous city. Petition of electors to court of quarter sessions. Plan. Affidavit. 2. Notice to executive of city. Consent of councils. Public notice of proposed annexation. Hearing by court. Election to be held. Date of election. 3. Form of notice. Ballots. 4. Mode of conducting election. Certificate of result. 5. Decree upon affirmative vote. Dismis sal of petition. Proceedings on new petition. 6. Annexed territory to become part of city. Payment of existing indebtedness. Apportionment of indebtedness. Computation of indebtedness. Wards. Consolidation of councils. 1. Any city, borough, township, or part of a township, 28 April 1903, may become annexed to any contiguous city in the same county, in the following manner, namely: 1. P. L. 332. Annexation of city, borough or township to city. electors to There shall be presented to the court of quarter sessions contiguous of the county a petition, signed by at least five1 per centum Petition of of the qualified voters, as shown by the registry lists for the court of quarlast preceding general election of the city, borough, township, ter sessions. or part of a township, desiring annexation to a city under this act; and, in case such petition is for the annexation of a part of a township, there shall be a plan attached showing Plan. 2. The petition shall be filed, and thereupon the court Id. § 2. shall direct notice to be given to the chief executive officer Notice to exof the city to which the annexation is proposed to be made; ecutive of city. and it shall be the duty of the councils of such city, within three months from the date of said notice, to, by ordinance, consent to or disapprove the proposed annexation. If the Consent of councils disapprove, then there shall be no further proceed- councils. ings under that petition; but if the councils approve, then the court shall direct such notice to be given the people of the territory proposed to be annexed as the court shall con- of proposed sider to be proper and reasonable, and the said notice shall annexation. state a reasonable date thereafter at which the petition will be considered and all parties heard. Public notice court. Upon the date fixed for the hearing, or as soon thereafter Hearing by as practicable, the court shall hear the case; and, if the requirements of this act have been complied with, then shall order an election to be held in the petitioning city, borough, be held. 1 The minimum percentage of petitioners reduced from twenty to five by Election to the amending Act of April 19, 1905, P. L. 216. 28 April 1903. Date of elec tion. Id. § 3. ⚫ Form of notice. Ballots. Id. § 4. Mode of conducting election. Certificate of result. Id. § 5. Decree upon affirmative vote. Dismissal of petition. township or any part thereof, referred to in the petition, upon the question of annexation. If such order be made within three months and more than thirty days before the date of any general election, such election shall be held at such general election; otherwise, it shall be held at such date as the court shall fix, but in no case within thirty days from the making of such order. 3. The court shall direct that notice be given by advertisements or hand-bills, or both, of the time of such election; and shall also order the county commissioners to prepare separate ballots for such election, which shall read on the outside "Annexation" and on the inside "For Annexation" or "Against Annexation," and said commissioners shall provide for the placing of such ballots at the polling-places, at the opening of the polls on the day fixed, and for separate ballot-boxes to receive the ballots. 4. The election shall be held at the regular polling-places, and by the regular election officers, or, in case of their absence, their places shall be filled as provided by law. In receiving and counting, and in making returns of, the votes cast, the inspectors, judges and clerks of said election shall be governed by the laws of this commonwealth regulating municipal elections; and the vote shall be counted by the court as is now provided by general laws governing municipal elections, and all the penalties of the said election laws, for the violation thereof, shall apply to the voters, inspectors, judges and clerks voting at, and in attendance upon, the elections held under the provisions of this act. The result of the election shall be certified to the court of quarter sessions having jurisdiction of the proceedings. 5. If it shall appear by the vote when counted that a majority has voted for annexation, the court shall enter a decree accordingly; otherwise, the proceedings shall be dismissed. In case the proceedings shall be dismissed, no petitions from that city, borough, township, or part of a township, shall thereafter be presented unless signed by twenty per centum of the qualified voters thereof, as shown by the registry lists for the last preceding general election; and the court shall exercise its discretion as to allowing such petitions to be filed; Provided, however, That should the court on new peti permit such petition to be filed, no election shall be ordered to be held within two years from the date of the former election on such annexation. If in such case the court allows the petition to be filed, the proceedings shall be as herein provided for the first petition. Proceedings tion. Id. § 6. 6. If a decree be entered for annexation, on the first Annexed terri- Monday of January thereafter the territory so annexed shall part of city. become a part of the city to which it is annexed.1 The ter tory to become 1 The annexed territory is to constitute part of the school district of the city, Act June 24, 1895, P. L. 239; and of the poor district, Act June 24, 1895, P. L. 240. |