of an appeal by one of the judges of the Superior Court in cases appealed from the court of quarter sessions of the peace, and court of oyer and terminer and general jail delivery; paragraphs two, three, four, five, six and seven of section eight of said act, and paragraphs one and two of section nine of said act.

"And all other acts and parts of acts, general, special or local, appertaining to the subject-matter covered by this act, be and the same are hereby repealed; it being intended that this act shall apply to all appeals to the Supreme Court or Superior Court in any and every proceeding, and from any court whatsoever, and shall furnish a complete and exclusive system in itself on all appeals to such appellate courts. But the power of said appellate courts, except in regard to the matters herein expressly provided for, shall remain unaffected hereby.

"Section 23. This act shall go into effect July first, one thousand eight hundred and ninety-seven, and shall apply to cases then pending, but the limitation of time herein provided for as against any party entitled to appeal from a sentence, order, judgment or decree theretofore entered, shall not begin to run until that date, if but for this act the right of appeal would have extended after that date beyond the times herein prescribed."

"AN ACT

"Relating to proceedings where goods or chattels have been levied upon or seized by the sheriff, and claimed to belong to others than the defendant in the execution or process."

Approved May 26, 1897, Laws of Pennsylvania 1897, page 95. "Section 10. In the issue to be framed under this act the claimant shall be the plaintiff, and all other parties thereto shall be defendants. The issue shall consist of a concise statement of the source of the claimant's title, signed and sworn to by him, or by some one in his behalf, and an affidavit to be filed by the defendant or defendants in the issue that he verily believes the title of the plaintiff therein to be invalid, and if the defendant fail or refuse to file said affidavit within fifteen days after notice of a rule to file same, the court shall upon motion of the claimant enter judgment against the defendant for want of such affidavit. The courts of common pleas may make general rules governing the proceedings under this act, not inconsistent herewith, and may grant new trials of such issues, and the judgment recovered shall

be subject to appeal to the Supreme Court or Superior Court as in other cases. By leave of court other parties may be allowed to intervene and become parties to the issue, with like rights and remedies as if made parties at the commencement of the proceedings."

"AN ACT

"To amend section two of an act approved June twenty-sixth, Anno Domini, one thousand eight hundred and ninety-five, entitled 'An act authorizing the cities of this Commonwealth to purchase, acquire, take, use and appropriate private property for public park purposes,' by providing the manner in which damages sustained shall be assessed and collected."

Approved July 15, 1897, Laws of Pennsylvania 1897, page 273.

"Section 2. Whenever any of said cities in the exercise of the right so conferred has heretofore acquired, taken, used or appropriated, or shall hereafter acquire, take, use or appropriate private property for public park purposes, and said city cannot agree with the owner or owners, lessee or lessees of such private property upon the compensation for the property appropriated and the damages done, or when by reason of the absence or legal incapacity of any such owner or owners, lessee or lessees, no such compensation can be agreed upon, the court of common pleas of the proper county, or any judge thereof in vacation, on application thereto by petition by said city, or such owner, lessee or any person interested, shall appoint three discreet, disinterested freeholders of said city as viewers to view and ascertain the damages done by reason of such taking, use, appropriation, occupancy or injury, and shall appoint a time, not less than twenty nor more than thirty days thereafter, for said viewers to meet at or upon the premises where the damages are alleged to be sustained or the property taken, of which time and place ten days notice shall be given by the petitioner to said viewers and all parties interested by personal service when such service can be obtained, otherwise by publication in one or more newspapers and by handbills posted on the premises, or in such other manner that said court shall direct. And the said viewers or any two of them having been duly sworn or affirmed, faithfully, justly and impartially to decide and a true report make concerning all matters and things to be submitted to them, and in relation to which they are authorized to inquire into, in pursuance of the provisions of this

act, and having viewed the premises or examined the property, shall estimate and determine the quantity, quality and value of the land or property so entered upon, taken, used, appropriated or injured as the case may be, and having a due regard to and making just allowance for the advantages which may have resulted or which may seem likely to result to the owner or owners of said land or property in consequence of the making, enlarging or extending of such public park, and after having made a fair and just comparison of said advantages and disadvantages, they shall estimate and determine whether any, and if any, what amount of damages has been or may be sustained, and to whom payable, and make report thereof to said court. If any damages be awarded and the report of said viewers be confirmed by said court, judgment shall be entered thereon, and if the amount thereof be not paid within thirty days after the entry of such judgment, said judgment shall be collected by due legal process as other judgments are collected from said city. Upon the report of said viewers, or any two of them, any party who may, within twenty days thereafter, file an appeal from said report to said court in writing, and accompanied with an affidavit that the same is not taken for the purpose of delay but because the affiant firmly believes that injustice has been done, and after such appeal, either party may put the cause at issue in the form directed by said court, and the same shall be tried by said court and a jury, and after final judgment either party may appeal to the Superior or Supreme Court under the provisions and in the manner prescribed in other cases. The said court of common pleas shall have power to order what notices shall be given in connection with any of the proceedings, and may make all such orders as it may deem requisite. The costs incurred in the proceedings aforesaid shall be defrayed by said city, and each of the viewers shall be entitled to receive a sum not exceeding five dollars per day, or such compensation as shall be decided upon by the proper court, not exceeding five dollars per day, for every day necessarily employed in the performance of their duties."

"AN ACT

"Authorizing the ascertainment, levy, assessment, and collection of the costs, damages and expenses of municipal improvements, including the grading, paving, macadamizing or otherwise improving of any street, lane or alley, or parts thereof, completed or now in process of com

pletion, and also the costs, damages and expenses of the construction of any sewer, completed or now in process of completion, and authorizing the completion of any such improvements."

Approved June 4, 1897, Laws of Pennsylvania 1897, page 116. "Section 13. The decree of the proper court of common pleas shall be binding and conclusive in all cases arising under this act, except that where any one appeals and there is a trial, either party thereto or any party interested in any assessment may appeal to the Supreme Court as in other cases, provided said appeal be taken within one year from the final judgment on such trial, but such appeal shall not be a supersedeas unless taken within thirty days after such judgment."

"AN ACT

"To repeal so much of the act of tenth March, one thousand eight hundred and ten, entitled 'An Act taxing certain officers,' as relates to prothonotaries of the Supreme Court: to repeal so much of section eight of the act of second April, one thousand eight hundred and sixty-eight, entitled 'An act to ascertain and appoint the fees to be received by the several officers of this Commonwealth,' as relates to prothonotaries or clerks of the Supreme Court; to repeal so much of section one of the act of twenty-fourth May, one thousand eight hundred and ninetythree, entitled 'An act providing for monthly returns and payment by county and city officers and prothonotaries of the Supreme Court of moneys received by them for the use of the Commonwealth,' as relates to prothonotaries of the Supreme Court."

Approved April 4, 1899, Laws of Pennsylvania, 1899, page 31. "Section 1. Be it enacted, &c., That so much of an act approved the tenth day of March, one thousand eight hundred and ten, entitled 'An act taxing certain offices,' as relates to prothonotaries of the Supreme Court, be and the same is hereby repealed.

"Section 2. That so much of section eight of the act of second of April, one thousand eight hundred and sixty-eight, entitled 'An act to ascertain and appoint the fees to be received by the several officers of this Commonwealth,' be repealed so far as it relates to prothonotaries or clerks of the Supreme Court.

"Section 3. That so much of section one of the act of twentyfourth May, one thousand eight hundred and ninety-three, entitled 'An act providing for monthly returns and payments by county and city officers and prothonotaries of the Supreme Court of moneys received by them for the use of the Commonwealth,' be repealed so far as it relates to prothonotaries of the Supreme Court."

"AN ACT

"To provide for the removal of judges of the supreme, superior, common pleas, and orphans' courts, permanently disqualified by reason of physical or mental disability to perform their judicial functions and duties, with half pay for their unexpired terms, and the filling of vacancies caused by such removal."

Approved May 11, 1901, Laws of Pennsylvania 1901, page 165.

"Section 1. Be it enacted, &c., That from and after the passage of this act, whenever a judge of any of the supreme, superior, common pleas, or orphans' courts of this Commonwealth, by reason of physical or mental disability appears to be incapacitated for performing his judicial functions and duties, and by reason of such disability has not performed such duties for the period of one year, the Governor of this Commonwealth shall appoint a commission, consisting of three skillful and disinterested physicians, from different counties of the State, to examine the said judge; and if the said commission shall report that the said judge is permanently incapacitated to perform the duties of his office, the Governor shall notify the said judge of such finding, and if the said judge shall resign, within thirty days of such notice he shall receive for the balance of the term for which he was elected, during which he shall live, one-half of the salary which he would have received if he had not resigned; and the vacancy thus created shall be filled in the manner heretofore provided by law in case of vacancies in judicial office."

"AN ACT

"Authorizing appeals from the court of common pleas to the Supreme and Superior Courts in cases which are appeals from settlements or reports of county, borough or township auditors."

Approved May 11, 1901, Laws of Pennsylvania 1901, page 185. "Section 1. Be it enacted, &c., That hereafter in all cases pending and undetermined in any court of common pleas in this Commonwealth, which are appeals from settlements or reports made by county, borough or township auditors, it shall be lawful for any party to except to any ruling or decision of the court upon any question or point of law that may arise; and an appeal may be taken therefrom to the Superior or Supreme Court: Provided, That such exceptions and appeals shall be governed and regulated by the laws now in force, regulating ex