duties, on the address of the judges of said court, made to him in writing; and shall have power to fill any vacancies, which may occur by death or otherwise, by an appointment of a reporter, to continue for the term of five years thereafter.

"Section 3. The reporter shall, when required by the court, attend its sessions and consultations, and, under its direction, report and prepare for publication such of its decisions as the court may designate; but before publication thereof, he shall submit the syllabus of every case by him reported to the judge who delivered the opinion, for correction or approval,' be and they are hereby amended so as to be and read, as follows:

"Section 2. The Governor may at any time remove said reporter for incompetency or a failure to promptly discharge his official duties, on the address of any one or more of the judges of said court, made to him in writing; and shall have power to fill any vacancy, which may occur by death, removal or otherwise, by the appointment of a reporter, to continue for a term of five years thereafter; and failure of the said reporter to report, prepare for publication and place in the hands of the publishers, the decisions of said court marked or designated to be reported, for a period of twenty days after a sufficient number of such decisions have been delivered to him to make a printed volume such as required by this act, shall be deemed a failure to discharge his official duties within the meaning of this act; and it shall be the duty of the Governor, upon the complaint of any one showing such delay in the performance of his duties, to remove said reporter and fill the vacancy by appointment hereinbefore provided; and the certificate of the several prothonotaries of said court, stating the number of unreported cases in the hands of said reporter, shall be deemed sufficient evidence of the unreported cases in the hands of said reporter to require the Governor to act on such removal; and the said prothonotaries, and each of them are hereby required to furnish a list stating the number of cases placed in his hands, and the number of pages of manuscript covered by said cases, upon the application of any attorney of said court, upon paying the legal fees therefor,

"Section 3. The reporter shall, when required by the court, attend its sessions and consultation, and, under its direction, promptly report and prepare for publication such of its decisions as the court may designate; but before the publication thereof,

he shall submit the syllabus of every case by him reported to the judge who delivered the opinion, for correction and approval."

"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 or the proper county and providing for the maintenance of any such condemned turnpike, road or highway by the proper city, township or district."

Approved June 2, 1887, Laws of Pennsylvania 1887, page 306. "Section 6. Exceptions may be filed by any party aggrieved to the report of such jury of view, within thirty days from the time such report is filed, which exceptions shall be heard by the court in which such report is filed, and such court, after considering such exceptions, may refer the report back to the jury of view with instructions to take any further proceedings or testimony as the court may deem necessary and proper, or may set same aside, or may confirm such report; and if no exceptions are filed to any such report, unless appeal is taken as provided for in section eight of this act, (and in such case the final confirmation of the proceedings shall await the result of the appeal from the assessment within thirty days from the time of filing thereof,) then such report may be confirmed or dismissed by the court. Any party aggrieved by the action of the court may remove the proceedings to the Supreme Court by writ of certiorari, within twenty days after final confirmation or disapproval. "Section 8. An appeal to the court of common pleas of the proper county, from the assessment of damages, may be taken by the corporation owning or taking tolls on said turnpike, road or highway road, or by the county commissioners, or by the proper municipal authorities, or by twenty-five citizens of the petitioners county, within thirty days after the approval of the report, and, thereupon, the court shall direct an issue, which shall be tried by a jury, according to the course of the common law as regulated by existing statutes, and judgment entered on the verdict, and the record thereof shall be remitted to the proper court of quarter sessions for further action upon the whole case: Provided however, That the said judgment shall

be reviewable by the Supreme Court upon writ of error as in other cases."

"A SUPPLEMENT

"To an act, entitled 'An Act to provide for the publication of the decisions of the Supreme Court, &c.'"

Approved March 28, 1889, Laws of Pennsylvania 1889, page 22. "Section 1. Be it enacted, &c., That it shall be the duty of the State Reporter to report, in the authorized series of reports, all the cases decided by the Supreme Court of this Commonwealth; those cases marked by the several justices of said court 'to be reported,' shall be reported in the manner heretofore practiced; those cases not so marked, shall be condensed by the omission therefrom of all parts of the history, arguments and opinion of the court below, not necessary to a proper understanding of the points ruled.

"Section 2. To enable the reporter properly to discharge the duties hereby imposed, with promptness and dispatch, he shall be allowed for stationery, clerk hire and assistance, the additional sum of three thousand dollars per annum.

"Section 3. All acts or parts of acts inconsistent herewith are hereby repealed."

"AN ACT

"Defining and regulating escheats, &c."

Approved May 2, 1889, Laws of Pennsylvania 1889, page 66. "Section 9. That whenever any proceedings in escheat shall have been instituted or shall be pending in any court of this Commonwealth, and there shall be any disputed fact or facts touching said escheat, then and in that case, the said court shall, upon application of the escheator, or any other person interested or claiming to be interested in the said proceedings, prior to the filing of a finding or adjudication therein, frame an issue or issues to determine said disputed question or questions of facts; which said issue or issues shall be tried in the court of common pleas of the same county in which the proceedings in escheat shall have been instituted, and shall, if necessary, be certified to said court for that purpose. In cases where escheat proceedings are instituted in the the Supreme Court, such issue or issues shall be certified to, and shall be tried by, the court of common pleas of such county as the Supreme Court shall designate. Any party to said issue

may, upon the trial thereof, except to the ruling of the court upon any point of evidence or of law, which exception shall be noted by the court and filed of record in the cause; and a writ of error to the Supreme Court may thereupon be taken by any party to said issue, with the usual force and effect. And after the determination of such issue, the court of common pleas in which the same shall have been tried, shall certify the result thereof to the court in which the said proceedings in escheat have been instituted.

"Section 22. That any person or persons interested, or claiming to be interested, in any property, real or personal, which shall be found to have escheated to the Commonwealth, who have had no actual notice by citation, advertisement or otherwise, of the pendency of any proceedings in escheat, prior to the conclusion of the audit of the account of the person having the escheated property in his possession, and who shall not have subsequently appeared either in person or by attorney in said escheat proceedings, may at any time within three years next after the filing of the final adjudication or finding in escheat, or the absolute confirmation thereof, traverse the same under oath or affirmation, by writing filed in the court finding the same, setting forth his, her or their interest in said property, and in what particular said finding or adjudication is not true and correct, which said traverse shall be tried in the court of common pleas of the same county, in which the original proceedings have been instituted or where the proceedings have been instituted in the Supreme Court, in the court of common pleas of such county as said Supreme Court may designate. And where said escheat proceedings have not been instituted in the court of common pleas, the courts wherein they have been instituted shall certify the finding or adjudication of escheat and the traverse thereof, to the proper court of common pleas for trial. And said traverse shall be tried in like manner and form, and with like effect, as traverses of inquisitions in escheat have been heretofore commonly tried under existing laws. And a writ of error shall lie in such case to the Supreme Court at the suit of any traverser or of the Commonwealth. And upon the determination of such traverse, the court trying the same shall, if necessary, certify the final result thereof to the court in which the original proceedings have been instituted, and in case upon the trial of said traverse,

it shall be found that the property in question or any part thereof had not escheated, and that the person or persons filing said traverse are entitled to the same, or any part thereof, then and in such case, said person or persons shall be entitled to receive and to have delivered to them, possession of all such property, real or personal, as shall not have been sold or paid into the treasury of the Commonwealth; and in case the same has been sold or paid into the treasury of the Commonwealth, to receive back again from the Commonwealth, such sum or sums of money, as may have been realized from the sale or payment thereof, after deducting all expenses, or a proportional part of said sum or sums, according as his or their interest shall be made to appear: Provided nevertheless, That if at the time of the institution of the proceedings in escheat as aforesaid, any person having any claim to any of the property, real or personal, found to have escheated, shall be insane or a minor, then and in such case, said person, whether he has had actual notice of the pendency of the proceedings in escheat or not, may, if he has not appeared in said proceedings by his committee or guardian or by the attorney of such committee or guardian, at any time within three years after recovering his sound mind and memory, or attaining full age, as the case may be, traverse the said finding or adjudication of escheat, in like manner and form and with like force and effect as is hereinbefore provided."

"AN ACT

"Relating to writs of error and appeals to the Supreme Court, regulating the form thereof and subjecting all persons to the acts limiting the time within which they shall be taken."

Approved May 9, 1889, Laws of Pennsylvania 1889, page 158. "Section 1. Be it enacted, &c., That all appellate proceedings in the Supreme Court heretofore taken by writ of error, appeal or certiorari shall hereafter be taken in a proceeding to be called an appeal.

"Section 2. The names of the parties, estate or matter shall be set forth in the præcipe for the appeal in the order and sequence in which they were recorded at the trial or hearing in the court from which the appeal shall be taken, with a substitution of proper parties in case of death or amendment, and the appeal shall be entitled as the appeal of ... who was