23 May 1889, art. 17, §2. P. L. 277. Where to be kept.

Ibid. § 3.

Objections may be by court.

Alteration and confirmation of drafts.

ulations shall be completed, the said engineer shall make, or cause to be made, duplicate drafts or plans thereof, with every position and explanation necessary for a full understanding of the same, distinctly designating where the new streets, avenues and highways shall thereafter be opened; and one of the said drafts or plans shall be returned to the councils, who shall keep the same in such place as they may direct, and the other of said drafts or plans shall be delivered to the clerk of the court of quarter sessions of the proper county, to be by him filed in his office for public inspection and examination.

225. It shall be the duty of the said councils to give at least thirty days' previous notice in at least two of the public newspapers published in said city, if so many heard, after notice, be published therein, that on a certain day or days, to be appointed by the court of quarter sessions, the said court will hear any objections that may be made to said draft or plan by any freeholder or citizen of the said city; and the court shall at the time appointed, determine whether any, and what alteration shall be made therein, and when the said draft or plan shall be finally confirmed, shall direct the same, with such alterations as shall be made thereto, be recorded in the office of the clerk of said court; and thenceforth all the streets, avenues and highways, as therein contained, shall be adjudged and taken to be public highways, and the survey and regulations of the said streets, avenues and highways, so filed and recorded, shall be deemed and adjudged established and fixed; and in case the city councils shall thereafter change or alter, or should they by themselves or their officers deviate from the regulations of the streets, avenues or highways, so as aforesaid established, and damages thereby accrue to the property of any person or persons in consequence thereof, the said city shall be liable for the payment of such damages.

Establishment of survey of streets.

Liability of city in case of deviation.

Ibid. § 4.

Sections of drafts may be made, reported and confirmed.

Proceedings as in case of entire drafts.

Ibid. § 5.

Penalty for build

street, &c., as marked on draft.

226. The said engineer may, from time to time, as he shall deem expedient and the said councils shall direct, make report of the surveys, plans and regulations by him made, in convenient sections, without awaiting the completion of the entire survey, and shall make duplicate drafts and plans of said sections in the manner herein before prescribed, and the same proceedings shall be had for the final confirmation of such partial or sectional drafts and plans as is herein directed in relation to the confirmation of the entire survey, and with the like force and effect.

227. If any owner or owners of real estate, or other persons, shall erect or construct any house or other building within the line of any street, avenue or ing within line of highway, as surveyed and marked on the draft or plan aforesaid, or upon any section thereof, after the final confirmation of the same, such owner or person shall not be entitled to claim or recover any damages which may be caused by the removal of such house or building, for the opening or widening of any such street, avenue or highway. All proceedings for the opening, widening, grading, or otherwise improving any of the public streets, avenues or highways, so as aforesaid surveyed, established and confirmed, and the payment of damages or contributions therefor, shall be regulated and governed by the provisions of this

Proceedings for opening, &c., of public streets, to be regulated by

this act.

23 May 1889, art. 18, § 1. P. L. 277. Sinking fund for redemption of bonded indebtedness.

act.

XX. Indebtedness.

228. For the purpose of creating a sinking fund for the gradual extinguishment of the bonds and funded debt of the respective cities of the third class, the councils of each thereof shall, annually (until payment of bonds and funded debt be fully provided for), levy and collect, in addition to the other taxes of said corporation, a tax of not less than one-fourth of one mill, and not exceeding three mills, upon the assessed value of the taxable property of each of said cities, to be called the sinking fund tax, which shall be paid into the city treasury, and shall be applied toward the extinguishment of said bonds and funded debt, and to no other purpose whatever; and said bonds when purchased shall be conspicuously stamped to show that they were purchased for the sinking fund of said city, and the instamped when re- terest on said bonds shall be collected and used in like manner with the taxes collected for said sinking fund.

Bonds to be

deemed.

Ibid. § 2. Increase of indebtedness.

Vote upon loan.

Purpose of loan to

be set out in ordinance.

To provide for tax for payment of interest on loan, and principal

within 30 years.

229. Whenever by the constitution and laws of this commonwealth any city of the third class shall be authorized to increase its indebtedness by borrowing money on the faith and credit of said city, the proposed ordinance to effect the loan shaйl be introduced at a stated meeting of the common council, and the draft thereof published in at least two of the newspapers of the city, if so many be published therein, once a week for four weeks before the final consideration and passage thereof by the said common council; and at any stated meeting of the select council held at least one week after the final consideration of such ordinance by the common council, the select council may consider and act upon the same; but the select council shall not originate any ordinance for borrowing money, and no loan shall be authorized except by the vote of two-thirds of the whole number of members of each council. The specific purpose or purposes for which the said loan is authorized shall be distinctly set out in the said ordinance, and the moneys received for said loan shall not be used for any purposes other than those so stated, and the said city shall, at or before the time of authorizing the said loan, [provide]

for the collection of an annual tax sufficient to pay the interest, and also the principal of the said loan, within thirty years.

23 May 1889, art. 18, § 2. P. L. 277. Ibid. § 3.

230. Any of the said cities of the third class may, in the manner prescribed by law, redeem its existing bonded indebtedness as fast as the same may become due Redemption of and payable, by the issue of new bonds therefor, bearing interest at a rate not ex- bonded indebtedceeding six per centum per annum, redeemable in not less than five years, and ness. payable at any time not exceeding thirty years from the date of issue thereof, at Rate of interest the option of the said city. Said bonds shall be exempt from all taxation except Bonds to be exfor state purposes.

empt from state
tax.
Ibid. § 4.

231. The mayor, treasurer and controller of each of said cities shall constitute a board of commissioners of the sinking fund of the city. The mayor shall be Board of commischairman and the controller secretary, and it shall be the duty of the board to sioners of the keep the accounts of the sinking fund, and to see to the proper application, and sinking fund. superintend the investment of the same, in accordance with law and the directions Officers. of the city councils. The said commissioners shall meet as often as may be Duties. necessary, keep a record of their proceedings, and shall, annually, in the month of Meetings. January, make a report to councils of the condition and application of the fund, together with such recommendations in relation thereto as they shall deem ex- Annual report. pedient: Provided, That councils shall not direct the investment of any moneys to Investment of the credit of the sinking fund except in the loans of said cities respectively, the money of ind sinking fund. loans of the United States, or the loans of the state of Pennsylvania, and the Application of inincome derived from any of said investments shall be credited and applied to come therefrom. the said several sinking funds respectively.

XXI. Definition and repeal.

232. The term "Cities of the third class" shall include only: First. All cities 28 May 1889, art. of the proper population which have been incorporated under the provisions of an 19, § 1. P. L. 277. act of assembly, entitled "An act dividing cities of this state into three classes, Definition of the regulating the passage of ordinances, providing for contracts for supplies and work term "Cities of for said cities, authorizing the increase of indebtedness and the creation of a sink- the third class." ing fund to redeem the same, defining and providing certain offences in all of said cities and providing for the incorporation and government of cities of the third class," approved the twenty-third day of May, one thousand eight hundred and seventy-four, or which may hereafter be incorporated under the provisions of this

act.

Second. All cities of the proper population which have accepted the provisions of the said act of the twenty-third day of May, one thousand eight hundred and seventy-four, in the manner prescribed in the fifty-seventh section thereof.(p) Third. All other cities of the proper population, only from and after the date of their acceptance of the provisions of the said act of the twenty-third day of May, one thousand eight hundred and seventy-four, in the manner prescribed in the fifth section thereof.

233. All acts or parts of acts inconsistent herewith, or supplied by the provisions hereof, be and the same are hereby repealed; but no right or interest which has become vested thereunder shall be destroyed or impaired by the operation of this act, or by the exercise of any power granted therein. All officers of each of said cities of the third class, in office at the date of the approval hereof, shall, except where otherwise herein provided, continue to hold their offices for the term for which they were respectively elected; but all ordinances of any of said cities heretofore legally passed, not inconsistent with such provisions, are hereby made valid and shall be and remain in full force and virtue until altered or repealed.

MUNICIPAL LOANS.

Ibid. § 2. Repealing clause.

See MUNICIPAL CORPORATIONS; MUNICIPAL CORPORATIONS-FIRST CLASS.

MURDER.

See CRIMES; ERRORS AND APPEALS.

MUTILATING BOOKS.

See CRIMES.

(p) The city of Franklin not having accepted the provisions of the act 23 May 1874, is not a city of the third class; its liquor license fee is three hundred dollars. Commonwealth v. Shoup, 9 C. C. 289.

1. How names of persons may be changed. 2. Tax and fees.

9 April 1852 § 1. P. L. 301. How names of persons may be changed.

Ibid. § 2. Tax and fees.

15 April 1859 § 1. P. L. 678.

The new name to

be borne by their minor children.

NAMES.

See AMENDMENT.

3. The new name to be borne by their minor children. 4. Illegitimates to take their mother's name.

1. It shall be lawful for the court of common pleas of any county of this commonwealth, to make a decree, changing the name of any person, resident in said county, at any time three months after being petitioned to do the same by such person (9) Provided, That notice of the decree, after the same shall be made, shall be published in one or more newspapers, to be designated by the court, for four

successive weeks.

2. Every person whose name shall be so changed, shall, before the entering of the decree, pay to the prothonotary of said court, in addition to the costs of publication, ten dollars; two dollars whereof shall be retained by the said prothonotary as and for his fees in the matter, and the remainder shall be received by him for the use of the state, as and for a tax upon the decree.

3. The true intent and meaning of the first section of the act approved April 9th, Anno Domini 1852, authorizing the courts of common pleas to change the name of persons, are hereby declared to be, that whenever, in pursuance of the said section, a decree is made changing the name of any one who is, at the time thereof, the parent of a minor child or children, then under the care of such parent, the new name of such parent shall thereafter be borne likewise by such minor child or children: Provided, That such minors, on attaining their majority 17 April 1855 § 8. respectively, shall also be entitled to the benefits of the said act.

P. L. 368.

4. Illegitimate children shall take and be known by the name of their mother.

NATIONAL BANKS.

See BANKS.

(q) See Ex parte Hamilton, 10 Abb. N. C. 79.

17. Duties to be co-relative with those of United appropriation. States officers.

49. Discharge of enlisted men. Of non-commis- demeanor. sioned staff officers.

50. When company may be disbanded.

51. Term of adjutant-general.

52. Duties of adjutant-general.

53. Furnish blanks, &c. Abstracts of returns to

109. Jurisdiction of regimental, battalion and unassigned company courts-martial. Sentences.

110. Jurisdiction and procedure in time of war, &c. 111. To be ordered within thirty days after arrest. Copy of order and charges.

112. Judge advocate.

113. Oath of members.

114. Oath in general courts.

115. Judge advocate to be sworn. Oath.

116. Oath in general courts.

117. Approval of proceedings and sentence. Publication. To be transmitted to the adjutant-general. 118. Appeal from general courts-martial. Stay of execution.

119. Appeal from other courts-martial.

120. Collection of fines imposed. Commitment. 121. Keepers of jails to receive and confine.

122. President of court. Members in uniform. Marshals.

123. Warrant, on refusal to appear. 124. Subpoenas.

125. Administration of oaths.

Attachment for

witnesses. Order. Duties of sheriffs, &c.

126. Penalty for disobeying subpoena. Witnesses

to be reported to district-attorney.

127. Attachment for delinquent witnesses.
128. Execution of attachment. Fees and costs.

129. Fines and penalties to be paid into state treasury.

130. Neglect to execute process or pay over fines, &c., to be a misdemeanor.

131. Failure to appear upon any occasion of duty. 132. Officers under arrest to be suspended. Resignation under charges.

133. Practice and procedure in courts-martial and of inquiry.

134. Compensation of members. Transportation.

13 April 1887 § 1. P. L. 23.

Name.

10 June 1898. P. L. 443.

Peace organization.

Allotment and appointment.

135. Fees of sheriffs, &c.

136. Who to be enrolled in the militia. Exceptions. 137. Exemptions.

138. Assessors to make enrolment list. Record in office of county commissioners.

139. Notice to be put up in three public places. Review.

140. Claim of exemption.

141. Commissioners to determine on exemption. Entries on roll.

142. List of exempts to be filed.

143. Annual report of enrolment to the adjutantgeneral.

144. Affidavit of assessors.

145. Penalty for neglect of duty by assessors, commissioners or clerks. Duty of district-attorney. 146. Compensation of assessors.

147. Assessors entitled to information. Penalty for refusing to inform.

148. When enrolled militia liable to active duty. 149. Organization for active service.

150. Cities and counties to provide ordnance stores and camp equipage.

151. Neglect to appear for active duty.

152. Clerks to adjutant-general.

troops and expenses.

153. Paymaster.

Payment of

154. No civil process against persons in service. Limitations suspended.

155. Medical and staff officers for actual service. 156. Supplies for enrolled militia in active service. Proposals to be advertised. Award of contracts. Inspectors. Duties. Compensation.

157. Hospital department. Rank and pay of officers. Qualifications.

1. The active militia of this commonwealth shall hereafter be styled the National Guard of Pennsylvania, and shall be subject, at all times, to the orders of their officers.(r)

2. In the time of peace the national guard shall consist of not more than one hundred and fifty companies of infantry, five troops of cavalry and five batteries of artillery, four companies of engineers and a signal corps of one company, fully armed, uniformed and equipped, to be allotted and apportioned in such localities of the state as the necessity of the service, in the discretion of the commander-inchief, may require, and organized in such divisions, brigades, regiments, battalions and unassigned companies, with power to make such alterations in the organization and arrangement thereof from time to time as he may deem necessary: Provided, That there shall not be more than one major-general and five brigadiergenerals of the line. But the commander-in-chief shall have power in case of war, invasion, insurrection, riot or imminent danger thereof, to increase the said force Increase in time of and organize the same as the exigencies of the occasion may require: Provided, That whenever an officer shall be recommissioned within six months after the expiration of his original commission, in the same grade or in a lower grade than Re-commissioned that in which he has served in the national guard, his new commission shall bear even date with and he shall take rank from the date provided for in his former commission.(s)

Generals of the line.

war.

officers.

.

13 April 1887 § 3. P. L. 23.

Organization, discipline, &c., to con

form to those of the United States army.

3. The organization of the national guard shall conform generally to the provisions of the laws of the United States, and the system of discipline and exercise shall conform, as nearly as may be, to those of the army of the United States; and the commander-in-chief is hereby authorized to make changes and alterations therein, but such modifications shall conform, as nearly as practicable, to said laws, system, discipline and exercises; and each non-commissioned officer and private

(r) By the act 24 May 1887, P. L. 182, councils in cities of the first class are authorized to appropriate annually five hundred dollars for each company of the national guard.

(s) This is an amendment of the act 13 April 1887, $2, P. L. 23. The governor in approving this amending act says: The comments embraced in the memorandum to House bill No. 147 apply, in some degree, to the present bill. In the copy submitted for my approval, and which must be strictly followed in the publication of the statutes, one page of the bill has been twice repeated, with a slight change in the title

of the bill. As the bill in the form in which it should have been transcribed has no objectionable feature, have given it my approval, and have no doubt the courts will construe and enforce it as it was the intention of the legislature that it should be enacted. I am not willing that that intention should be defeated nor frustrated by the carelessness of the transcribing clerks, none the less deem it my duty to the public to thus call attention to these defects in the hope that it may have some effect in preventing a recurrence of such blunders."