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dred dollars, and by imprisonment in the county jail for not less than thirty days nor more than ninety days, for each offense." Among the numerous directions of the bill are some which impose duties upon the Governor. For the failure or neglect to perform any of them he might, therefore, be liable to be imprisoned in the county jail for ninety days, to the great disadvantage of the Commonwealth.

For these reasons the bill is not approved.

SAML. W. PENNYPACKER.

No. 62.

AN ACT

Regulating proceedings to widen, straighten, alter, or change, and vacate public roads or parts thereof in townships of this Commonwealth; the number of viewers, their duties, how paid and by whom; the assessment of damages, and their payment to persons injured; providing for reviews, and appeal to the court of common pleas, to those aggrieved in the assessment of damages, and repealing all acts or parts of acts, whether private, special, local or general, inconsistent herewith.

Section 1. Be it enacted, &c., That in all cases where public roads, whether laid out according to law or in any other way became a public road, or parts thereof, in townships of this Commonwealth, shall have become inconvenient, insufficient, burdensome or useless, and shall require widening, straightening, altering, or changing, and vacating, or either widening, straightening, altering, or changing, or vacating, in order to meet the requirements of public travel, the court of quarter sessions of every county of the Commonwealth, on being petitioned to grant a view to widen, straighten, alter, or change, and vacate the whole, or such part or parts as may be rendered or considered useless, or either widen, straighten, alter, or change, or vacate the whole or any part of any road within the respective county, shall have power, and are hereby required, in open court, to appoint, as often as may be needful, three persons, one of whom shall be a surveyor, to view the said road or parts of road. And the whole number of persons, so appointed, shall view said road, and make report, in which a majority concur, of their proceedings to the respective court at the next term thereof.

Section 2. That all viewers or reviewers appointed as aforesaid shall, before they proceed to view, respectively make oath or affirmation to perform the duties of their appointment impartially and according to the best of their judgment, which oath may be administered to them by any magistrate of the respective county, or by one of their number; nor shall they proceed to view until after notice shall have been given to the county commissioners of the respective county, and to the township supervisors of the township or townships through which said road passes, and shall have given public notice by at least five advertisements, posted up in conspicu

ous places along said road, of the time and place of meeting for the purposes of their appointment, at least ten days before such meeting.

Section 3. The persons appointed viewers or reviewers, as provided in this act, shall view the road, and if they agree that said road, or any part or parts thereof, has become inconvenient, insufficient, burdensome or useless, and therefore requires widening, straightening, altering or changing and vacating the same, or such part or parts as may be rendered or considered useless, shall proceed to lay out such widened, straightened, altered, or changed road, and to vacate so much thereof as may be rendered or considered useless. It shall also be the duty of the aforesaid viewers to endeavor to procure, from the persons through whose lands such road passes, releases for all claims of damages that might arise from such widening, straightening, altering, or changing of said road, or parts thereof. And in every case where said viewers shall fail to procure such releases, and it shall appear to them that any damages will be sustained, it shall be their duty to assess the damages, taking into consideration the benefits arising therefrom: Provided, In case such widening or altering, or either, is made necessary in part by the use of such road by a corporation or corporations, then the viewers shall have further power to assess such corporation or corporations such part of the cost of widening and altering, or either, as the viewers may agree that is just and reasonable.

Section 4. The viewers or reviewers, as aforesaid, shall make report, at the next term of the said court, in which a majority of them concur; and in said report shall state particularly: first, who of them were present at the view; second, whether they were severally sworn or affirmed; third, whether said road, or any part or parts thereof, should be widened, straightened, altered, or changed, or vacated in order to accommodate public travel thereon. Said report, if favorable to the petitioners, shall contain a recommendation as to the width of said road; and also their assessment of the damages sustained, as provided in section three of this act, together with all releases obtained. Said report shall also have annexed thereto, and become a part thereof, a plot or draft thereof, stating the courses and distance, and noting the location of communicating roads, bridges, and the improvements within fifty feet of said road. And, whenever practicable, the viewers shall lay out the said road at an elevation not exceeding five degrees.

Section 5. If the court shall approve of the report of the viewers, they shall direct of what width the road so approved shall be made; but the width so fixed shall not exceed sixty feet; and at the next court thereafter, the whole proceedings shall be entered on record; and thenceforth such road shall be taken, deemed and allowed to be a lawful public road or highway, and shall, as soon as practicable, be effectually opened.

Section 6. If the report of the viewers, appointed as provided in this act, be approved by the court, the amount of damages awarded, together with the court and record costs arising out of the proceedings, shall be paid by the county treasurer, out of the county moneys, to the parties entitled thereto: Provided, however, That the bill of the viewers for their services as viewers shall be paid by the

petitioners. Two of said viewers to receive two dollars per day, and the surveyor four dollars per day, for their services.

Section 7. Public roads, upon and along a line which divides two adjoining counties, may be widened, straightened, altered, or changed, and vacated in the manner provided in this act in the case of other roads, except that the court of quarter sessions of each of the said counties shall appoint three viewers, and that a report as aforesaid shall be made to the said courts, respectively, and that the said courts shall otherwise have and exercise concurrent jurisdiction therein. And the damages arising therefrom shall be paid by the counties jointly, in equal amounts.

Section 8. In all cases of views for the purposes mentioned in this act, the respective court shall, on petition of any person interested, direct a second view, or review, for the same purpose: Provided, That application therefor be made at or before the next term of the said court after the report upon the first view.

Section 9. Any person aggrieved by the report of the viewers in the assessment of damages, as provided in this act, may appeal therefrom to the court of common pleas, and have a trial by jury on the question of damages; but such appeal must be taken within thirty days from the date when the said report is confirmed absolutely by the court.

Section 10. All acts or parts of acts, whether private, special, local or general, inconsistent with this act, be and the same are hereby repealed: Provided, That the provisions of this act shall not be construed to repeal any of the provisions of an act approved June seventh, one thousand nine hundred and one, and entitled "An act relating to railroad crossings of highways, and for the regulation, alteration and abolition of grade crossings, except in cities of the first and second class."

Commonwealth of Pennsylvania,

Executive Department, Harrisburg, April 22, 1905.

I file herewith, in the office of the Secretary of the Commonwealth, with my objections, House bill No. 647, entitled "An act regulating proceedings to widen, straighten, alter, or change, and vacate public roads or parts thereof in townships of this Commonwealth; the number of viewers, their duties, how paid and by whom; the assessment of damages, and their payment to persons injured; providing for reviews, and appeal to the court of common pleas, to those aggrieved in the assessment of damages, and repealing all acts or parts of acts, whether private, special, local or general, inconsistent herewith."

An act which proposes to pass upon a subject so important to the citizens of the Commonwealth as that of the public roads ought to be drawn with very great care. The present bill is crudely devised, and is replete with inconsistencies and obscurities which would, in all probability, lead to serious trouble. Section one provides: "That in all cases where public roads, whether laid out according to law, or in any other way became a public road, or parts thereof, in townships of this Commonwealth, shall have become inconvenient, insufficient, burdensome or useless, and shall require

widening, straightening, altering or changing, and vacating, or either widening, straightening, altering or changing, or vacating, in order to meet the requirements of public travel, the court of quarter sessions of every county of the Commonwealth, on being petitioned to grant a view to widen, straighten, alter or change, and vacate the whole, or such part or parts as may be rendered or considered useless, or either widen, straighten, alter, or change, or vacate the whole or any part of any road within the respective county, shall have power, and are hereby required, in open court, to appoint, as often as may be needful, three persons, one of whom shall be a surveyor, to view the said road or parts of road.”

If the words "public roads" are to be regarded as the subject of the verb "became," it is difficult to understand how they could become "parts thereof." If, on the other hand, we interpolate a subject for the word "became," and the words "public roads" are the subject of the verb "shall have become," it is then difficult to understand how roads which have become burdensome or useless should require widening or straightening. There is no direction as to who shall have the right to petition, nor how many petitioners there shall be. The court, however, is directed to grant a view to widen, straighten, alter or change, as well as vacate "the whole or such part or parts as may be rendered or considered useless." In section three, the viewers are directed that, if they agree that the road "has become inconvenient, insufficient, burdensome or useless, and therefore requires widening, straightening, altering or changing and vacating," they shall proceed to lay out such road. In section four, it is directed that the report of the viewers, "if favorable to the petitioners, shall contain a recommendation as to the width of said road." It has here been forgotten that the petition might have been in favor of vacating the road, and not in favor of laying it out or widening it. Section eight provides that "the respective court," whatever this may be, "shall, on petition of any person interested, direct a second view, or review, for the same purpose." This appears to be inconsistent with section one, which directs that the court be required to appoint "as often as may be needful" a jury of view. These are illustrations of numerous difficulties with the bill, which make it improper that it should become a law. For these reasons the bill is not approved.

SAML. W. PENNYPACKER.

No. 63.

AN ACT

To amend the nineteenth section of an act, entitled "An act to regulate the publication, binding and distribution of the public documents of this Commonwealth," approved the second day of May, one thousand eight hundred and ninety-nine.

Section 1. Be it enacted, &c., That section nineteen of an act, entitled "An act to regulate the publication, binding and distribution of the public documents of this Commonwealth," approved the second day of May, one thousand eight hundred and ninety-nine, which reads as follows:

"XIX. Three thousand six hundred copies of the annual report of the State Board of Health and Vital Statistics: five hundred for the Senate, one thousand for the House, one thousand five hundred for the State Board of Health and Vital Statistics, fifty for the Governor, fifty for the Secretary of the Commonwealth, one hundred for the State Librarian, and four hundred to be reserved for the official documents," be amended so that the same shall read as follows:

XIX. Four thousand seven hundred copies of the annual report of the State Board of Health and Vital Statistics: five hundred for the Senate, one thousand for the House, two thousand six hundred for the State Board of Health and Vital Statistics, fifty for the Governor, fifty for the Secretary of the Commonwealth, one hundred for the State Librarian, and four hundred to be reserved for the official documents.

Commonwealth of Pennsylvania,

Executive Department, Harrisburg, April 22, 1905.

I file herewith, in the office of the Secretary of the Commonwealth, with my objections, House bill No. 700, entitled "An act to amend the nineteenth section of an act, entitled 'An act to regulate the publication, binding and distribution of the public documents of this Commonwealth,' approved the second day of May, one thousand eight hundred and ninety-nine."

This bill is inconsistent with the act to regulate the publication, binding and distribution of the public documents of this Commonwealth, passed at the present session of the Legislature, and approved April 17, 1905. That part of the bill which provides that four hundred copies of the annual report of the State Board of Health are to be reserved for the official documents, is inconsistent with the act to create the Department of Public Printing, etc., also passed at the present session of the Legislature, and approved February 7th, 1905. Section thirty-five of the last mentioned act limits the copies of the official documents to ten. For these reasons the bill is not approved.

SAML. W. PENNYPACKER.

No. 64.
AN ACT

To provide for the adoption and registration of labels, symbols, trade-marks, or private stamps by any association or union of workingmen; regulating the use of such labels, symbols, trade-marks, or private stamps, providing penalties for the unlawful use thereof, and for counterfeiting or imitating the same; and prohibiting the sale, use, or display of such counterfeit labels, and the sale, use, or display of goods, wares, and merchandise to which such counterfeit labels may be affixed.

Section 1. Be it enacted, &c., That it shall be lawful for associations and unions of workingmen, incorporated or unincorporated, to adopt a label, symbol, trade-mark, or private stamp for their protection, and for the purpose of designating the product of their parti

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