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No. 160.

AN ACT

To amend the first and second sections of an act, entitled "An act authorizing the county commissioners of the several counties of this Commonwealth to rebuild bridges on sites owned by corporations or by private persons, or built by public subscriptions over any stream or river forming the boundary line between two counties, where the same have been destroyed by ice, flood or otherwise, at any time, or which have been or may be abandoned by the owners thereof and rebuilt on another site, and which were previously used exclusively for vehicles and foot purposes, and providing for the cost of reconstructing the same,' approved the sixth day of May, Anno Domini one thousand eight hundred and ninety

seven.

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Section 1. Be it enacted, &c., That the first and second sections of an act, entitled "An act authorizing the county commissioners of the several counties of this Commonwealth to rebuild bridges on sites owned by corporations or by private persons, or built by publie subscriptions, over any stream or river forming the boundary line between two counties, where the same have been destroyed by ice, flood or otherwise, at any time, or which have been or may be abandoned by the owners thereof and rebuilt on another site, and which were previously used exclusively for vehicles and foot purposes, and providing for the cost of reconstructing the same," approved the sixth day of May, Anno Domini one thousand eight hundred and ninety-seven, which now reads as follows:

"Section 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the county commissioners of the several counties of this Commonwealth are hereby authorized to take charge of and rebuild and reconstruct any bridge, over any stream or river forming the boundary line between two counties, when the same is on the line of a public highway, or deemed necessary for the use of the trav eling public, and owned and maintained by corporations or by private persons, or which was built by public subscriptions, used exclusively for vehicles and foot purposes, which has been destroyed by ice, flood or otherwise, at any time, or which has been or may be abandoned by the owners of said bridge, and the same rebuilt by said corporation or private persons, or by public subscriptions on another site. And the said commissioners of the respective counties are hereby authorized to take charge of and rebuild and maintain jointly such bridge as a county bridge, and the coste and expenses of such joint reconstruction shall be paid by the said counties, respectively, in the proportion of the population thereof as ascertained at the last census.

Sections 1 and 2
May 6. 1897, cited

of the act of

for amendment.

D

County commis

to rebuild certain

bridges over

streams between

two counties.

"Section 2. If the said commissioners of the said counties shall neglect or refuse to act as herein provided, upon the petition of ten citizens and taxpayers, residing in the city, borough or township in which the bridge is or was located, which petition shall set forth fully all the facts, supported by the affidavit of two of said citizens, to the court of common pleas of the counties where located, upon hearing, said court having jurisdiction may issue a mandamus to said commissioners to proceed as provided by this act," shall be, and the same sections are hereby, amended to read as follows: Section 1. Be it enacted by the Senate and House sioners authorized of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the county commissioners of the several counties of this Commonwealth are hereby authorized to take charge of and rebuild and reconstruct any bridge over any stream or river forming the boundary line between two counties, when the same is on the line of a public highway, or deemed necessary for the use of the trav eling public, and owned and maintained by corporations or by private persons, or which was built by public subscriptions, used exclusively for vehicles and foot purposes, which has been destroyed by ice, flood or otherwise, at any time, or which has been or may be abandoned, and the site or location and piers and abutments no longer used, by the owners of said bridge, and the same rebuilt by said corporation or private persons or by public subscriptions on another site, or on new foundations at another point. And the said commissioners of the respective counties are hereby authorized to take charge of and rebuild and maintain jointly such bridge as a county bridge, and the costs and expenses of such joint reconstruction shall be paid by the said counties, respectively, in the proportion of the population thereof as ascertained at the last census: Provided, That any such bridge, after having been constructed by the county commissioners at public cost, shall be used only for free travel of the general public, pedestrians and vehicles; but shall not be occupied nor used by any railroad, railway, transportation company, or private corporation, nor shall any right of way be allowed thereon to any corporation chartered for purposes of private gain: Provided further, That just compensation shall be made to the owners of the former bridge for the taking or impairment of the rights and franchises of such owners, in the same manner as is provided in this act for ascertaining the compensation due for the piers and abutments.

Expenses.

Proviso.

Proviso.

Section 2. If the said commissioners of the said counties shall neglect or refuse to act as herein provided, then, upon the petition of fifty property owners and taxpayers, residing in the city, borough or town

ceedings.

ship in which the bridge is or was located, which pe-
tition shall set forth fully all the facts, supported by
the affidavit of five of said property owners and tax- Mandamus pro-
payers, to the court of common pleas of the counties
where located, upon hearing, said court having juris-
diction shall issue a mandamus to said commissioners
to proceed as provided by this act.

Approved-The 13th day of May, A. D. 1901.
WILLIAM A. STONE.

No. 161.

AN ACT

To repeal the act, entitled "An act to provide for the erection of a house for the employment and support of the poor, in the county of Beaver," approved the sixteenth day of April, Anno Domini one thousand eight hundred and forty-four; and to repeal the act, entitled "An act to provide for the erection of a house for the support and employment of the poor, in the county of Beaver," approved the twenty-ninth day of March, Anno Domini one thousand eight hundred and fifty-one; to repeal the act, entitled "A supplement to an act to provide for the erection of a house for the support and employment of the poor, in the county of Beaver, approved the twenty-ninth day of March, Anno Domini one thousand eight hundred and fifty-one," approved the eighth day of April, one thousand eight hundred fifty-seven; and to repeal the act, entitled "An act to increase the pay of the directors of the poor and house of employment for the county of Beaver," approved the sixteenth day of March, Anno Domini one thousand eight hundred and sixty-six.

1844, repealed.

Section 1. Be it enacted, &c., That the act, entitled Act of April 16, "An act to provide for the erection of a house for the employment and support of the poor, in the county of Beaver," approved the sixteenth day of April, one thousand eight hundred and forty-four, be and the same is hereby repealed.

1851, repealed.

Section 2. That the act, entitled "An act to provide Act of March 29, for the erection of a house for the support and employment of the poor in the county of Beaver," approved the twenty-ninth day of March, Anno Domini one thousand eight hundred and fifty-one, be and the same is hereby repealed.

1857, repealed.

Section 3. That the act, entitled "A supplement to Act of April 8, an act to provide for the erection of a house for the support and employment of the poor in the county of Beaver, approved the twenty-ninth day of March, Anno Domini one thousand eight hundred and fifty-one," approved the eighth day of April, Anno Domini one thousand eight hundred and fifty-seven, be and the same is hereby repealed.

13 Laws.

Act of March 16, 1866, repealed.

Act to take effect.

Section 4. That the act, entitled "An act to increase the pay of the directors of the poor and house of employment for the county of Beaver," approved the sixteenth day of March, Anno Domini one thousand eight hundred and sixty-six, be and the same is hereby repealed.

Section 5. This act shall take effect on the first Monday of January, Anno Domini one thousand nine hundred and two.

Approved-The 15th day of May, A. D. 1901.

WILLIAM A. STONE.

Requirements.

A sum certain.

No. 162.

AN ACT

Relating to negotiable instruments.

CHAPTER I.

Negotiable Instruments in General.

ARTICLE I.

Form and Interpretation.

Section 1. Be it enacted, &c., That an instrument to be negotiable must conform to the following requirements:

1. It must be in writing, and signed by the maker or drawer.

2. Must contain an unconditional promise or order to pay a sum certain, in money.

3. Must be payable on demand or at a fixed or determinable future time.

4. Must be payable to order or to bearer, and,

5. Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.

Section 2. The sum payable is a sum certain, within the meaning of this act, although it is to be paid:

1. With interest; or,

2. By stated installments; or,

3. By stated installments, with a provision that upon default in payment of any installment or of interest, the whole shall become due; or,

4. With exchange, whether at a fixed rate or at the current rate; or,

5. With costs of collection or an attorney's fee, in case payment shall not be made at maturity.

Section 3. An unqualified order or promise to pay Unconditional is unconditional, within the meaning of this act, though coupled with:

1. An indication of a particular fund out of which reimbursement is to be made, or a particular account to be debited with the amount; or,

2. A statement of the transaction which gives rise to the instrument. But an order or promise to pay out of a particular fund is not unconditional.

Section 4. An instrument is payable at a determin

Determinable

able future time, within the meaning of this act, which future time. is expressed to be payable:

1. At a fixed period after date or sight; or,

2. On or before a fixed or determinable future time specified therein; or,

3. On or at a fixed period after the occurrence of a specified event, which is certain to happen, though the time of happening be uncertain.

An instrument payable upon a contingency is not negotiable, and the happening of the event does not cure the defect.

tiable.

Section 5. An instrument which contains an order or When not negopromise to do any act in addition to the payment of money, is not negotiable. But the negotiable character of an instrument, otherwise negotiable, is not affected by a provision which:

1. Authorizes the sale of collateral securities in case the instrument be not paid at maturity; or,

2. Authorizes a confession of judgment if the instrument be not paid at maturity; or,

3. Waives the benefit of any law intended for the advantage or protection of the obligor; or,

4. Gives the holder an election to require something

to be done in lieu of payment of money.

But nothing in this section shall validate any provi

sion or stipulation otherwise illegal.

Section 6. The validity and negotiable character of validity and ne

an instrument are not affected by the fact that:

1. It is not dated; or,

2. Does not specify the value given, or that any

value has been given therefor; or,

3. Does not specify the place where it is drawn or the place where it is payable; or,

4. Bears a seal; or,

5. Designates a particular kind of current money in which payment is to be made.

But nothing in this section shall alter or repeal any statute requiring in certain cases the nature of the consideration to be stated in the instrument.

Section 7. An instrument is payable on demand:

gotiability.

When payable on

1. Where it is expressed to be payable on demand, demand.

or at sight, or on presentation; or,

2. In which no time for payment is expressed.
Where an instrument is issued, accepted or indorsed,

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