Section 5. Hereafter every notary public in this Commonwealth shall append to each certificate, attestation, or official notarial act, a statement in plain, legible characters, in the English language, of the date upon which his commission expires. Section 6. That all laws and parts of laws inconsistent with this act be and the same are hereby repealed. Repeal. Approved-The 4th day of April, A. D. 1901. WILLIAM A. STONE. No. 40. AN ACT Relative to the acknowledgement of deeds and other instruments of writing, taken before George R. Bothwell, a notary public in and for the county of Allegheny; ratifying and confirming the same. Section 1. Be it enacted, &c., That all acknowledgments of deeds and mortgages, and all other legal documents and instruments of writing and affidavits taken, and all other acts done, by the said George R. Bothwell, under and by virtue of his commission as notary public, dated the twenty-fifth day of April, Anno Domini one thousand eight hundred and eightyseven, now null and void by reason of the neglect to record his bond within the time required by the statutes of the Commonwealth of Pennsylvania, are hereby declared valid and effectual in law and equity. Approved-The 11th day of April, A. D. 1901. WILLIAM A. STONE. No. 41. AN ACT To establish a separate Orphans' Court in and for the county of Section 1. Be it enacted, &c., That in the county of Westmoreland a separate orphans' court be and hereby is established, the name and style of which shall be "The Orphans' Court of Westmoreland County," which said court shall be a court of record, consisting of one judge learned in the law. The Governor of this Commonwealth, immediately after the passage of this Appointment of judge. act, shall appoint and commission a judge learned in the law to preside over said court; and the judge so appointed and commissioned shall continue in office till the first Monday of January, next succeeding the first general election of this Commonwealth which shall occur after the passage of the act. At the next general election of this Commonwealth, succeeding Election of judge. the passage of this act, a judge shall be elected and commissioned for the same term and in the same manner as the judges of the courts of common pleas of said county; and the annual salary of said judge shall be the same as is paid to the judges of the courts of common pleas in said county, to be paid in the same manner as the salaries of said judges of the courts of common pleas are now or may be by law payable. Salary of judge. Terms of said court. Clerk of the court. Jurisdiction and powers of the court. Proviso. Appeals. Rules of the court. Section 2. The said orphans' court shall be held during every term of the courts of common pleas of said county, and such other times and as often as the judge thereof shall deem necessary or proper. Section 3. The register of wills of said county shall be the clerk of the said orphans' court, and subject to its direction in all matters pertaining to his office. Section 4. The said court shall have and exercise all the jurisdiction and powers now vested in, or which may hereafter be conferred upon, the orphans' and register's courts of the said county, and all accounts filed in the office of the register of wills or in the orphans' court shall be audited by the court, without expense to the parties, except where all parties in interest in a pending proceeding shall nominate an auditor, whom the court may in its discretion appoint. Section 5. The said court shall have power to prevent, by order in the nature of writs of injunction, acts contrary to law or equity, prejudicial to property over which they shall have jurisdiction: Provided. That security shall be given, as is now required by law in cases of writs of injunction. Section 6. No appeal shall stay the execution of a final decree unless notice of such appeal and security be given within twenty days after the time that such decree has been made. Section 7. The said court shall have power to make all rules necessary for the exercise of the power hereby, or which may hereafter be, conferred. Section 8. The commissioners of the said county shall provide proper and suitable apartments in which said orphans' court shall be held and its business conducted, and in which the records thereof shall be safely and securely kept. Approved--The 11th day of April. A. D. 1901. WILLIAM A. STONE. No. 42. AN ACT Authorizing and empowering the owners and lessees of real estate within this Commonwealth to kill hare or rabbits upon their own premises at all seasons of the year. Whereas, the protection given to rabbits by the whereas. various act of Assembly of this Commonwealth, prohibiting the killing of same except during short seasons of the year, has so increased their numbers that they are becoming a nuisance to farmers and others engaged in the raising of fruits and vegetables, now therefore: hare and rabbits. Section 1. Be it enacted, &c., That from and after The killing of the passage of this act it shall be lawful for the owner or lessee of any premises, which are enclosed, within this Commonwealth, to kill on said premises hare or rabbits, at any and all seasons of the year, for their own protection, but not for sale. Section 2. All acts or parts of acts inconsistent Repeal. with this act are hereby repealed. Approved-The 11th day of April, A. D. 1901. WILLIAM A. STONE. No. 43. A SUPPLEMENT To an act, entitled "An act for the taxation of dogs and the protection of sheep," approved the twenty-fifth day of May, Anno Domini one thousand eight hundred and ninety-three, providing that the fund raised by the taxation of dogs be applied, in addition to the loss of sheep, for the loss of other domestic animals bitten by mad dogs. Section 1. Be it enacted, &c., That the fund raised by the taxation of dogs, as provided by the act of the General Assembly, entitled "An act for the taxation of dogs and the protection of sheep," approved the twenty-fifth day of May, Anno Domini one thousand eight hundred and ninety-three, in addition to the application thereof for the payment of losses sustained by the destruction and damage to sheep, be applied for the payment of horses, mules, cattle and swine bitten by mad dog or mad dogs, and destroyed or necessary to be destroyed by reason thereof. Said damages shall be ascertained and recovered in the same manner as provided by sections three, four and five of the said act: Provided, That in no case shall Dog tax to be ment for horses, cattle, etc. applied for pay Ascertainment and recovery of damages. Proviso. Repeal. Proviso. the value of each horse or mule exceed one hundred dollars, the value of each head of cattle forty dollars, and each head of swine six dollars. Section 2. All acts or supplements of acts inconsistent with the provisions of this supplement are hereby repealed: Provided, that this supplement shall not repeal or affect the provision of any special law relating to the same subject in any county, township, borough or city in this Commonwealth. Approved-The 11th day of April, A. D. 1901. Criminal prosecutions or indictments. The truth may be given in evidence. In civil actions justification may be pleaded. When maliciously or negligently made. Trial in but one county. No. 44. AN ACT Relating to criminal prosecutions and civil suits for libel, and repealing the act, entitled "an act relating to libel and its punishment," approved July first, one thousand eight hundred and ninety-seven. Section 1. Be it enacted, &c., That in all criminal prosecutions or indictments for libel, no conviction shall be allowed if the subject matter of the publication, whether contained in newspapers or otherwise, relates to candidates for public office or the official conduct of public officers, and is found to the satisfaction of the jury to be proper for public information or investigation and not to have been maliciously or negligently made. In all such cases the truth may be given in evidence to the jury. Section 2. In all civil actions for libel, the plea of justification shall be accepted as an adequate and complete defense, when it is pleaded, and proved to the satisfaction of the jury, under the direction of the court as in other cases, that the publication is substantially true and is proper for public information or investigation, and has not been maliciously or neg ligently made. Section 3. In all civil actions for libel, no damages shall be recovered unless it is established to the satisfaction of the jury, under the direction of the court as in other cases, that the publication has been malieiously or negligently made, but where malice or neg ligence appears such damages may be awarded as the jury shall deem proper. Section 4. No defendant shall be criminally tried. nor shall any civil actions for damages be maintained. for the printing or publication of the same libel upon the same individual, in more than one county in the State, and all damages shall be recoverable in one suit. 1897, repealed. Section 5. The act, entitled "An act relating to Act of July 1, libel and its punishment," approved the first day of July, one thousand eight hundred and ninety-seven, and all laws or parts of laws inconsistent with the provisions of this act be and the same are hereby repealed. Approved-The 11th day of April, A. D. 1901. No. 45. AN ACT To provide for the taking of depositions in cases pending before magistrates and justices of the peace. Section 1. Be it enacted, &c., That in all civil proceedings instituted before a magistrate or justice of the peace, the depositions of a competent witness who is ill or out of the State, or who does not reside within the county where such suit is brought, may be taken by a commission or depositions, in accordance with the laws of the Commonwealth. Section 2. All depositions of witnesses to be used in evidence, as provided in section one of this act, shall be taken before a judge, magistrate, notary public or commissioner of oaths. atories. Section 3. The party desiring the taking of deposi- Filing of interrogtions shall file interrogatories in the office of the magistrate or justice of the peace, and serve notice of the same upon the opposite party, and within eight days the opposite party may file cross-interrogatories. Filing of cross interrogatories. Section 4. Eight days after the filing of the interrogatories and proof of service upon the opposite party, the magistrate or justice of the peace shall certify, under his hand and seal, the interrogatories, To be certified. and cross-interrogatories, if any, whereupon the same shall be forwarded by the party desiring the taking testimony. of the testimony of the absent party, and a reasonable Time for taking time allowed for the obtaining of such testimony. Section 5. Upon the return of the interrogatories, and cross-interrogatories, if any, certified as above, with the answers thereto duly made under oath, the evidence. same shall be received in evidence, and treated in all To be received in respects as though the witness was personally present at the hearing, but any exception which might have been taken to any of the answers contained in such depositions may be made with like effect as if the Exceptions therewitness were personally present. to. |