P. L. 215. to administer oaths or affirmations, setting forth that the facts there stated are 19 May 1874 § 12. true to the best of their knowledge and belief, and unless such petition shall be presented within thirty days of the election complained of: that on the trial of Parties. contested elections of senators and members of the house of representatives, the petitioners complaining of the election, and the person returned as elected, shall be the parties thereto. Ibid. § 18. Powers of the 332. The court of common pleas to which a petition shall be presented, as aforesaid, contesting the right of a senator or member of the house of representatives to the seat for which he may have been returned as elected, shall have authority court. to compel the attendance of any officer of the election complained of, and of any person capable of testifying concerning the same; and also to compel the production of all books, papers, tally-lists, tickets, ballot-boxes and all other documents which may be required at such hearing, in like manner and to the same extent as in other cases litigated before such court; to appoint commissioners to take testimony; and to proceed without delay, postponing for the purpose, if necessary, all other business, to the hearing and determination of such case. 333. After the hearing as aforesaid, the court shall, without unnecessary delay, decide which of the candidates voted for received the greatest number of legal votes, and is entitled to the certificate of election. Ibid. § 14. Judgment. Ibid. § 15. Copy to be pre proper house. 334. The secretary of the commonwealth shall, on the day of the meeting of the next general assembly, or, if in session, then immediately upon its reception, deliver to the speaker of the proper house the certified copy of the decision of the court sented to the aforesaid; any claimant to a seat in either branch of the legislature, who shall feel speaker. aggrieved by the decision of the court in his case, may present his petition to the Party aggrieved proper house, within ten days after the meeting of the legislature, or within ten may petition the days after the decision shall have been made in his case, if the legislature shall then be in session, setting forth his claim to the seat; which petition shall have appended thereto the affidavit of the petitioner, setting forth that he verily believes that he was duly elected to the seat, and that the statements set forth in his petition are just and true, to the best of his knowledge and belief; and said petition shall also be signed by at least twenty qualified electors, of the proper county or district, at least five of whom shall make affidavit that the facts set forth in said petition are true, to the best of their knowledge and belief; such petition, To be referred to when presented, shall be referred to a standing committee on elections, which the standing comcommittee shall proceed to hear the claims of the contestant and respondent, and mittee on elections. report the facts and a resolution expressing the decision of the committee for the consideration of the house; and the vote of the proper house on the claims of the contestant and respondent shall be final: Provided, That no resolution deciding Resolution to resuch question shall be adopted, unless it shall receive the votes of a majority of all ceive a majority of the members elected to the house considering the same. (6.) Of county and township officers. the whole house. P. L. 212. 335. Cases of the fourth class shall be tried and determined by the court of 19 May 1874 § 16. quarter sessions of the peace of the county in which the election contested shall be held. (7.) General provisions. 19 May 1874 § 8. P. L. 210. tions. 336. The proper court or judge shall have power to compel the attendance of any election officer, or other person, as a witness, and may also compel the production of all books, papers, tally-lists, returns of election, other documentary or Testimony in cases record evidence, at discretion, for use on the trial, and may issue subpoenas and of contested elecattachments, for these purposes, as in other cases of proceedings in the courts of this commonwealth; and all such books, papers, documents, ballots, boxes and records shall be returned to the proper custody.(i) Certified copies of all election Copies of papers. papers, assessments, registers of votes and records, duly authenticated by the person having custody thereof, shall be competent evidence and primâ facie proof of their contents; but the party against whom the same shall be produced, shall have the right to compel the attendance of the person who certifies them, for cross-examination. Examiners, to take and report evidence, may be appointed; Examiners. and reasonable notice of the time and place of taking the same shall be prescribed by the court, or judge, and served upon the opposite party. 337. Witnesses and officers shall be paid the same fees as are now, or hereafter shall be, fixed by law for similar services, in the county in which the trial shall be held.(k) If the court or judge shall decide that the complaint is without probable cause, the petitioners, and every of them, shall be jointly and severally liable for all the costs; and the same may be collected as debts of like amount are by law collectible, or payment thereof may be enforced by attachment.(1) In contested elections of electors of president and vice-president, and state officers whose jurisdiction extends over the state, in which the court or judge shall not decide (i) The court may order a bill of particulars to be furnished. Whitehouse v. Schalek, 5 W. N. C. 122. And see Ex parte Griffiths, 1 Kulp 157. Ibid. § 9. Payment of costs. (k) See Ex parte McCullough, 12 Phila. 570. (1) Se Pearce v. Dickison, 12 Phila. 571. P. L. 210. 19 May 1874 § 9. that the complaint is without probable cause, the commonwealth shall be liable for all costs; and the same shall be paid by the state treasurer, out of any moneys not otherwise appropriated, on bills certified to be correct by the proper court or judge, upon examination and approval of the auditor-general.(m) In contested elections of president or additional law judges, senators and members of the house of representatives, and of county, borough, township or municipal officers, in which the court or judge shall not decide that the complaint is without probable cause, the proper district, county, city, township, borough, ward, school district or municipality, shall be liable to pay all costs; and the same shall be promptly paid by the proper authorities, upon the order of the court or judge trying the case. Ibid. § 10. appointed. Printing. 338. The proper court or judge shall have power to appoint phonographic Reporters may be reporters, if necessary, to take the testimony, and may order printing of such matters as may be necessary during the trial; and all bills for such reports and printing, certified to be reasonable and correct by the court or judge, shall be a part of the costs, and collectible as other costs in the case: Provided, That all printing required in cases of the second and third classes, shall be done by the state printer, at contract prices; and in all other cases, the prices to be paid for such reporting and printing shall be fixed in the order providing therefor, and no more than the amount thus fixed shall be paid in any case. Ibid. § 17. How court to be composed where a fied, &c. 339. No judge shall sit on the trial of a case in which he shall be a party. In any case where, by reason of incompetency or any disability to act, there shall be no law judge of the district in which any contest shall arise present, and able as judge is disquali- well as qualified to act, the judge, learned in the law, residing nearest the courthouse of the county in which, by the provisions of this act, the trial in any such case is required to be had, except in cases otherwise provided in this act, shall preside on the trial, and shall have and exercise all the powers and authority, and discharge all the duties, granted to or imposed upon the regular judges of the said courts, in cases wherein they are qualified and required to act by the provisions of this law. (n) Any law judge, who is hereby authorized to preside in any such case, and any president or other judge, learned in the law, of the proper court, shall have full power to hold any of the said courts, by this act required to try any such contested election case, without the assistance of the associate justices, or Powers and duties. either of them, of such courts, not learned in the law. And all of the said courts and judges, hereby required to try any contested election case, shall have plenary power to make, issue and enforce all necessary orders, rules, process and decrees, for a full and proper understanding and final determination and enforcement of the decision of every such case, according to the course of practice in similar cases, under the laws of this commonwealth, or which may be necessary and proper to carry out the provisions of this act. Ibid. § 18. commenced by petition. 340. The commencement of proceedings, in every case, shall be by petition,(0) which shall be made and filed, as herein required, within thirty days after the day Proceedings to be of election ;(p) the petition shall concisely set forth the cause of complaint, showing wherein it is claimed the election is undue or illegal, (q) and after filing, shall not be amended, unless such amendment shall be allowed by the proper court or judge, after notice to the other party and hearing;(r) and if allowed, reasonable time shall be given to answer. In cases of the second class, the petition shall be signed by at least one hundred qualified electors(s) who voted at the election contested; in cases of the third class, by at least fifty such electors; and in cases of the fourth class, by at least twenty-five; and shall be verified by at least five of the petitioners, by affidavit taken and subscribed before some person authorized by the laws of this commonwealth to administer oaths, setting forth that they By whom to be signed. 342. (m) Stevens's Case, 94 P. S. 281. And see infra (n) See Cumberland Co. v. Trickett, 107 P. S. 118. (0) To confer jurisdiction, under this act, all its requisites must be strictly complied with. Ex parte Welti, 3 W. N. C. 165. A contest involving the election of different persons to different offices cannot be raised by a single petition. Cass Township Election, 2 Leg. Chron. 307. (p) McMenamin's Case, 6 W. N. C. 460. If filed in due time, a commission cannot issue, pending the contest. Commonwealth v. Lathrop, 13 W. N. C. 170. (q) A petition will not be dismissed, merely because it does not aver in express terms, that the contestant received the larger number of votes, if such fact be apparent, by an examination of the other statements therein. Miller v. Milligan, 12 Phila. 575. It need not set forth the names or the disqualifications of the illegal voters. Fowler v. Felthoff, 1 Leg. Rec. R. 105. A petition contesting an election on the ground that there was no vacancy in the office, need not aver that the return is not correct. Battis v. Price, 2 Pears. 456. If it rely upon a missing return, it must show a due application to the court, within three days, for sum mary process against the election officers. Carbondale Election, 25 Pitts. L. J. 47. Repugnant specifications in the petition will be stricken out. Marshall v. Baldwin, 11 Phila. 393. See Zerley v. Snare, 107 P. S. 183. (r) See Marshall v. Baldwin, 11 Phila. 383. Battis v. Price, 2 Pears. 456. Ex parte Barber, 10 Phila. 579. McPherson's Case, 2 Leg. Rec. R. 145. Fowler v. Felthoff, 1 Ibid. 105. (s) All the petitioners must be qualified electors, Marshall v. Baldwin, 11 Phila. 403; and this must be averred in the petition. Sailor v. Keating, 11 Phila. 402. The omission of such averment is a fatal defect of jurisdiction; and cannot be cured by an amendment, after the lapse of thirty days from the election. Ex parte Welti, 3 W. N. C. 165. But if one of the signers be subsequently ascertained not to be a qualified elector, the court may permit an amendment, by adding the name of another elector, with the apro priate vouchers. Ex parte Barber, 10 Phila. 579. One of the signers will not be permitted subsequently to withdraw his signature from the petition. Grim's Case, 14 W. N. C. 303. petition. verily believe the facts stated therein are true, that according to the best of their 19 May 1874 § 18. knowledge and belief, the election was undue or illegal, and the return thereof P. L. 210. not correct, and that the petition to contest the same is made in good faith. (t) Affidavit thereto. The petition shall be presented to the court or law judge having jurisdiction, except where otherwise provided in this act; and, if it shall be adjudged sufficient, Presentation of a it shall be filed of record in the proper court, and thereupon a time shall be fixed for hearing. Notice of the filing of the petition, with a copy thereof, shall be Notice. served upon the person whose right of office shall be contested, together with a rule to answer at the time fixed for hearing;(u) which notice, copy and rule shall be served such length of time before the day fixed for hearing, as the said court or judge shall require, not exceeding forty days, in cases of the second and third classes, and in all other cases, not exceeding thirty days. Ibid. § 19. 341. In trials of contested elections, and in all proceedings for the investigation of elections, no person shall be permitted to withhold his testimony, upon the Witnesses not to ground that he may criminate himself, or subject him to public infamy; but such be excused from testimony shall not afterwards be used against him in any judicial proceeding, testifying. except for perjury in giving such testimony. tions. P. L. 148. 342. Whenever, in contested elections of president or additional law judges, 8 May 1876 § 1. senators and members of the house of representatives, and of county, borough, township or municipal officers, under the provisions of the ninth section of an act, Payment of costs entitled" An act designating the several classes of contested elections in this com- of contested elecmonwealth and providing for the trial thereof," approved the 19th of May, Anno Domini 1874, wherein it is provided that in contested elections of president or additional law judges, senators, and members of the house of representatives, and of county, borough, township or municipal officers, in which the court or judges shall not decide that the complaint is without probable cause, the proper district, county, city, township, borough, ward, school district or municipality shall be liable to pay all costs, and the same shall be promptly paid by the proper authorities and upon the order of the court or judge trying the case if any court or judge shall have heretofore decided, or shall hereafter decide, that the complaint was not, or is not, without probable cause, the said court or judge is hereby authorized, and shall apportion all the costs among the proper districts, counties, cities, townships, boroughs, wards, school districts or municipalities of the whole district in which contest is had, in such way as said court or judge shall think just; and to compel by order the payment of such amounts so apportioned to each by the properly constituted authorities of each other of the proper districts, counties, cities, townships, boroughs, wards, school districts or municipalities, as the payment of debts by the same can now be enforced. P. L. 60. returned as 343. From and after the passage of this act, whenever it shall appear by the 26 April 1889 § 1. returns of election laid before the governor, by the secretary of the commonwealth, as now required by law, that any person has been duly elected to the office of Governor to comprothonotary, clerk of the courts, recorder of deeds or register of wills, judge, or mission persons any other officer receiving a commission from the governor, in any of the several elected. counties of this commonwealth, it shall be the duty of the governor to issue a commission to such person, notwithstanding that the election of such person to any or either of said offices may be contested, in the manner now provided by law: Provided, That whenever it shall appear by the decision of the proper Commission to tribunal having jurisdiction of said contested election, that the person to whom contestant. said commission shall have issued, has not been legally elected to the office for which he has been commissioned, then a commission shall issue to the person who shall appear legally elected to said office; the issuing of which commission shall nullify and make void the commission already issued, and all power and authority under said commission first issued shall thereupon cease and determine : Provided further, That this act shall not in any manner affect any contest now Not to affect pending. 341. All laws and parts of laws inconsistent herewith be and the same are hereby repealed. pending contests. Ibid. § 2. Repealing clause. 10 April 1867 § 1. P. L. 1123. Receiver to be ap 345. Whenever the election of any officer shall hereafter be contested before the court of common pleas of the city and county of Philadelphia, the court shall, upon the application of any citizen, appoint a receiver, to take, receive and hold, during said contested election, and until the final determination thereof, all the pointed, on confees, perquisites and emoluments of the office so contested; and the said court tested election, in shall require security to be entered by him, in such sums as they shall deem Philadelphia. proper, conditioned for the faithful performance of all orders and decrees of said security. court; and they may, at any time, order additional security to be entered, or remove said receiver, and from time to time, appoint another receiver, as may be necessary. (t) All the affiants must be duly qualified electors. Er parte Leisenring, 11 Phila. 400. The jurat should show by whom the oath was made; and must be in the form prescribed by law. Barnes's Case, 13 L. Bar 183. But a formal objection to the affidavit cannot be made, after the testimony has been taken, and the examiner's report filed. Twenty-sixth Ward Election, 12 Phila. 631. (u) Service of a copy of the petition is not a prerequisite to the jurisdiction; it must be served, however, before the hearing. Sailor v. Keating, 11 Phila. 382. 10 April 1867 § 2. P. L. 1123. Receiver to account. Appeals. Ibid. § 3. Powers of the court. Ibid. § 4. Power to issue commissions and appoint examiners. Costs. Ibid. § 5. Ibid. § 6. Execution. 10 June 1893 § 29. P. L. 419. When ballots are defective tribunal shall declare elecreport to governor. tion invalid and so Ibid. 346. Upon the final determination of said contested election, or sooner, if thereto required by said court, the receiver or receivers so appointed, shall file his or their accounts, and the same may be examined and settled by said court, or be referred to an auditor or master, for that purpose; and the amount ascertained to be in the hands of said receiver or receivers, shall, after deducting such charges as may be allowed by said court, be paid over to the person or persons, and in the proportion said court shall decree: Provided, That any (person) aggrieved by the final decree upon said receiver's account, may appeal therefrom, as in other equity proceedings. 347. The said court shall, for the purpose of carrying this act into execution, have all the power of a court of equity, in cases where receivers are appointed by said courts, and may, in their discretion, order investments to be made of any funds in the hands of said receiver or receivers, in the debt of the United States, of this state, or of the city of Philadelphia. 348. The said court of common pleas for the city and county of Philadelphia shall have power, whenever necessary for the determination of the same, to issue commissions to places outside of the state, and to appoint an examiner or examiners to take testimony within the state, and to make all needful rules relative to the examination of witnesses, the closing of the testimony and other matters, as in equity proceedings; and the examiner and examiners, so appointed, shall have power to issue subpoenas, and to compel the attendance of witnesses by attachments, and upon failure of any witness to testify, as required by said examiner or examiners, the court may attach for contempt, as in other cases. 349. The said court of common pleas of the city and county of Philadelphia may, upon final decree, enter a judgment for costs, either in whole or part, against the county, the petitioners or the respondent; or they may apportion the said costs, in equal or unequal parts, between the county, the petitioners and the respondent, as to them may seem just. 350. The final decrees of the said court, upon contested elections, may be enforced by injunction, attachment and sequestration; and their judgments as to costs may be enforced, if against the county, by mandamus execution, and if against parties, by execution and attachment. 351. Whenever in any contested election the tribunal trying the case shall decide that the ballots used in one or more election districts were, by reason of the omission, addition, misplacing, misspelling or misstatement of one or more titles of offices, or names of candidates, or parties or policies represented by them, so defective as to the office in contest as to be calculated to mislead the voters in regard to any of the candidates nominated for the said office, and that the defective condition of the said ballots may have effected the result of the entire election for the said office, the said tribunal shall declare the election to be invalid as regards the said office, and shall report their decision to the governor of the commonwealth. 352. The governor, on receiving the report of the said decision, shall without delay cause a writ or writs of election for the office in contest to issue, and appoint issue writ for new a day within four weeks from the date of the writ for the holding of a new election, to be held according to the provisions of this act for the office in contest. Governor shall election. ELECTRIC LIGHT, HEAT AND POWER COMPANIES. 1. Incorporation authorized. 2, 3. Powers. Permission of councils required to enter upon streets. 8 May 1889 § 1. P. L. 136. Incorporation authorized. Ibid. § 2. Powers. Ibid. cl. 1. Not to enter upon streets without permission of councils. 4. Existing companies. Former rights ratified. Assent of councils to entry upon streets. 1. [Corporations may be formed for] the manufacture and supply of gas, or the supply of light, heat and power by means of electricity, or the supply of light, heat or power to the public by any other means. (v) 2. Companies incorporated under the provisions of this act for the supply of light, heat and power, or any of them, to the public by electricity shall, from the date of the letters-patent creating the same, have the powers and be governed, managed and controlled as follows: 3. Every such incorporation shall have the authority to supply light, heat and power, or any of them, by electricity, to the public in the borough, town, city or district where it may be located, and to such persons, partnerships and corporations, residing therein or adjacent thereto, as may desire the same, at such prices as may be agreed upon, and the power also to make, erect and maintain the necessary buildings, machinery and apparatus for supplying such light, heat and power, (v) This is an amendment of the act 29 April 1874, § 2, class 2, sub-division XI., P. L. 73. An electric light company cannot be chartered to supply electricity to more than a single municipality; such companies have no exclusive privileges. Home Electric Co., 11 C. C. 179. An electric light company is entitled to locate its poles on the side of a country road, but the abutting landowner is entitled to such damages as he may sustain by reason of such location. Haverford Electric Light Co. v. Hart, 13 C. C. 369. P. L. 186. or any of them, and to distribute the same, with the right to enter upon any public 8 May 1889 § 2. street, lane, alley or highway for such purpose, to alter, inspect and repair its system of distribution: Provided, That no company which may be incorporated under. the provisions of this act shall enter upon any street in any city or borough of this commonwealth until after the consent to such entry, of the councils of the city or borough in which such street may be located, shall have been obtained. Ibid. § 3. under this act. 4. Any association of persons or corporations heretofore engaged in the business of supplying light, heat and power, or any of them, by electricity, under Existing compacolor of a charter or letters-patent of this commonwealth, issued under the pro- nies may come visions of the act to which this act is a supplement, upon accepting the provisions of this act by writing under seal of the company, filed in the office of the secretary of the commonwealth, and filing therewith its letters-patent or charter, which shall be a surrender and acceptance thereof, shall thereupon be a body corporate hereunder and be entitled to and possessed of all the privileges, immunities, franchises and powers conferred by this act upon corporations to be created under the same, and all the property, rights, easements and privileges Former rights belonging to said associations and corporations, theretofore acquired by gift, ratified. grant, conveyance, municipal ordinance or assignment, or otherwise, upon such acceptance as aforesaid, shall be and hereby are ratified, approved, confirmed and assured unto such acceptors and corporations, with like effect and to all intents and purposes, as if the same had been originally acquired by and under the authority of this act, and such company or corporation shall thereafter be governed by the provisions of this act. And the governor shall forthwith issue to the said acceptors letters-patent under this act, under the same name as the company bore which surrendered its charter or letters-patent, and for the same territory, and the corporation shall receive credit for any bonus paid by the former corpora-tion: Provided, That this act shall not be so construed as to permit any corpora- Assent of councils tion accepting its provisions, to enter into any city or borough without assent of to entry upon councils, except in so far as the councils thereof have heretofore, or shall hereafter, give their assent thereto. streets. EMBEZZLEMENT. See CRIMES; INSURANCE; LIMITATION OF ACTIONS; TRADES UNIONS. EMBRACERY. See CRIMES. EMINENT DOMAIN. See BOROUGHS; COMMON SCHOOLS; CORPORATIONS; COUNTIES AND TOWNSHIPS; LUNATIC ASYLUMS; MINES; MUNICIPAL CORPORATIONS; RAILROADS; ROADS, HIGHWAYS AND BRIDGES. 1. Assessment of damages for lands taken by the United States. 2. Appropriation by cities or boroughs of streams, &c., for water supply. 3. Attempt to agree. Bond. 4. Viewers. Appeal. 5. Benefits not to be assessed except in road cases. 6. Appeals allowed in all cases. 7. How appeals to be taken. 8. Act to apply to prior proceedings. 9. When no appeal is taken, damages may be paid into court. United States for 1. If it shall so happen that the United States cannot agree for the purchase 8 June 1874 § 1. thereof, with the owner or owners of any estate or interest in lands proposed to P. L. 280. be taken as part of the premises which the United States are or may be author- How damages may ized to acquire in this commonwealth, for any public use or purpose whatever, it be assessed for shall be lawful for the court of common pleas of the county in which said lands lands taken by the are situate, on application thereto, by petition filed in behalf of the United States, public purposes. after such notice to the owners of such estates and interests as the court shall direct, to appoint seven discreet and disinterested resident freeholders of the said county, who, having been duly qualified, and having given such public notice, and such notice to the owners of the said estates or interests as the court may direct, shall estimate and determine the fair value of all and singular the estates or interests in the lands so proposed to be taken for the use of the United States as aforesaid, and shall designate the several owners thereof as far as the |