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To contract for supply of water.

ations and party walls.

at such price as may be agreed upon, and for the purpose to have, at all times, the unrestricted right to make, erect and maintain all proper works, machinery, buildings, cisterns, reservoirs, pipes and conduits for the raising, reception, conveyance and distribution of water; or, in territory not supplied with water, to make contracts with and authorize any person, company or association so to do, and to give such person, company or association the privilege of furnishing water, as aforesaid, for any length of time, not exceeding ten years.

XLI. To enter upon the land or lands, lot or lots, of any person or persons within the city, at all reasonable hours, by their duly appointed city engineer, in To regulate found- order to set out the foundations and regulate the walls to be built between party and party, as to the breadth and thickness thereof, which foundation shall be laid equally upon the lands of the persons between whom such party wall is to be made, and the first builder is to be reimbursed one moiety of the charge of such party wall, or for so much thereof as the next builder shall have occasion to make use of, before such next builder shall or may use or break into said wall.

To regulate partition fences.

To make all such ordinances, regulations, etc., as may be necessary.

To enforce the same.

Penalty.

XLII. To enter upon the land or lands, lot or lots, of any person or persons within the city, at all reason able hours, by their duly appointed city engineer, in order to regulate partition fences, and when adjoining parties shall improve or enclose their lots, such fences shall be made in the manner generally used, and kept in good repair at the equal expense of the parties, unless the owners or occupants between whom such fences is erected shall agree otherwise.

XLIII. To make all such ordinances, by-laws, rules and regulations, not inconsistent with the Constitution and laws of this Commonwealth, as may be expedient or necessary, in addition to the special powers in this section granted, for the proper management, care and control of the city and its finances, and the maintenance of the peace, good government and welfare of the city, and its trade, commerce and manufactures, and the same to alter, modify and repeal at pleasure; and to enforce all ordinances by inflicting penalties upon inhabitants or other persons for the violation thereof, not exceeding one hundred dollars for any one offence, recoverable with costs, together with judgment of imprisonment, not exceeding thirty days, if the amount of said judgment and costs shall not be paid.

ARTICLE XX.

Certain Laws to Remain in Force after a Transition from Third to Second Class Cities.

Certain laws of third class cities

force.

Section 1. From and after the passage of this act, all laws relating to cities of the third class shall con- to remain in tinue to apply to cities of that class which have passed or may pass into a city of the second class by reason of increase in population, except so far as such laws are supplied by, or in conflict with, laws relating to cities of the second class.

SCHEDULE.

The Governor shall appoint city

Section 1. Within thirty days from the approval of this act, the Governor of this Commonwealth shall, recorders. by appointment, fill the office of city recorder in each

of the existing cities of the second class. The persons Qualifications of. so appointed shall have the same qualifications as required for the city recorder under this act, and shall

of.

recorders.

have all the powers and perform all the duties belong. Powers and duties ing to the office of city recorder under this act, until their successors are elected and qualified. Said successors shall be chosen at the regular municipal elec- Election of city tion in the year nineteen hundred and three, and shall be qualified and enter upon their office on the first Monday in April following said election. The provision in article one, section one, making city recorders ineligible for re-election for the next succeeding term, shall not apply to city recorders appointed by the Governor; and said appointees, and their successors appointed by him, shall be subject to removal by the Governor during the term for which they may be appointed, and in case of such removal, or the death or resignation of any such appointee, his successor shall be appointed by the Governor in the same manner as provided by this section.

mayor abolished.

Section 2. Upon the appointments being made, as The office of provided in the preceding section, the office of mayor as heretofore existing in any city of the second class shall be abolished. The city recorders so appointed by the Governor, and their successors so appointed, shall have the right and power, and are hereby authorized to re- Removals from move from office:

Director of Department of Public Safety.

Director of Department of Public Works.

Director of Department of Charities and Corrections.

The Collector of Delinquent Taxes.

City Solicitor.

Members of the Sinking Fund Commission.

Members of the Board of Assessors.

Said recorders may appoint the successors of said officers, as provided in section one of this schedule,

office.

mental officers.

and the officials so appointed shall have power, and Powers of depart are hereby authorized to remove any and all of the officers and employes and persons holding position and employment in their respective departments, and appoint their successors, and the person so appointed shall be governed and controlled by this act. Controllers and treasurers shall fill out the terms for which they were elected or appointed, and at the expiration thereof their successors shall be appointed as herein provided.

Confirmation by select council not to apply to certain appointments.

Salaries.

Section 3. The provisions of this act as to confirmation by select council of appointments by the city recorder, shall not apply to those made by the persons appointed as city recorders of existing cities, as provided by section one of this schedule; but the city recorders so appointed may fill all offices and employments, which by this act are to be filled by the city recorder, without such consent, but those appointed shall possess the qualifications required by this act. The city recorder and the heads of departments to be appointed under this schedule, shall receive out of the city treasury annual salaries as follows:

The city recorder, ten thousand dollars; the head of each department, five thousand dollars. But councils may reduce the said salaries as follows: That of the city recorder, to not less than three thousand dollars, and the heads of departments to not less than twentyfive hundred dollars; and where two departments are consolidated under this act, the salary of the officer performing he duties of the said two departments may be reduced to not less than twenty-five hundred City recorders to dollars. The city recorders appointed by the Governor under the provisions hereof, shall give bond to the city in the sum of twenty-five thousand dollars, said bond to be approved by the Governor. City recorders elected under the provisions hereof, shall give such bond, and receive such salary, as may be fixed by ordinance of councils.

give bonds.

Act of June 14, 1887, partly repealed.

Repeal.

Section 4. The act entitled "An act in relation to the government of cities of the second class," approved the fourteenth day of June, Anno Domini one thousand eight hundred and eighty-seven, is hereby repealed, except the first and second sections thereof. And all other laws for the government of cities of the second class, unless preserved by the terms of this act, as well as all laws inconsistent with or supplied by this act, are hereby repealed.

Approved-The 7th day of March, A. D. 1901.

WILLIAM A. STONE.

No. 15.

AN ACT

Relating to the study and practice of physical culture in the public schools.

Section 1. Be it enacted, &c., That physical culture, by a regular and progressive course of calisthenics, shall be included in the branches of study now required by law to be taught in the public schools of this Commonwealth.

Physical culture branches of study.

to be included in

Section 2. It shall be the duty of school directors, Duty of school diboards of school controllers, and boards of education rectors, etc. of the public schools of this Commonwealth, to make proper provisions in all the schools or districts under their jurisdiction, care and control, for instructions to be given the pupils of said public schools in physi

of calisthenics.

tion may be with

cal culture, by a regular and progressive course of cal- Progressive course isthenics, and any failure on the part of said directors, controllers or boards of education, to comply with the provisions of this act, satisfactorily proven to the State Superintendent of Public Instruction, State's appropriashall be deemed sufficient cause for withholding the held. warrant for State's appropriation of school money to which district would otherwise be entitled: Provided, Proviso. That teachers shall not be required to pass examinations in the branch of study provided in this act until after January first, one thousand nine hundred and two (1902): Provided, That this act apply only to Proviso. cities of the first and second class.

Section 3. All laws or parts of laws inconsistent Repeal. with the provisions of this act are hereby repealed. Approved-The 8th day of March, A. D. 1901.

WILLIAM A. STONE.

No. 16.

AN ACT

Amending the second section of an act, entitled "A supplement to the act to consolidate, revise and amend the penal laws of this Commonwealth, approved the thirty-first day of March, one thousand eight hundred and sixty," approved the twentygecond day of April, one thousand eight hundred and sixtythree, increasing the penalty thereof.

Section 1. Be it enacted, &c., That the second section of the act of one thousand eight hundred and sixty-three, entitled "A supplement to the act to consolidate, revise and amend the penal laws of this Com monwealth, approved the thirty-first day of March, one thousand eight hundred and sixty," approved the 4 Laws.

Second section of 1863. cited for

act of April 22,

amendment.

twenty-second day of April, one thousand eight hundred and sixty-three, which reads as follows: "If any person shall in the day time break and enter any dwelling, house, shop, warehouse, store, mill, barn, stable, outhouse or other building, or wilfully and maliciously, either by day or by night, with or without breaking, enter the same with intent to commit any felony whatever therein, the person so offending shall be guilty of felony, and on conviction be sentenced to pay a fine not exceeding five hundred dollars, and to undergo an imprisonment by separate or solitary con finement at labor not exceeding four years," be amend ed so as to read: "If any person shall in the day time break and enter any dwelling, house, shop, warehouse, store, mill, barn, stable, outhouse or other building. or wilfully or maliciously, either by day or by night, with or without breaking, enter the same with intent to commit any felony whatever therein, the person so offending shall be guilty of felony, and on conviction Imprisonment not be sentenced to pay a fine not exceeding five hundred dollars, and to undergo an imprisonment by separate or solitary confinement at labor not exceeding ten years.

Felony.

exceeding ten

years.

Approved--The 13th day of March, A. D. 1901.

WILLIAM A. STONE.

burial of the bodles of honorably discharged sol

No. 17.

AN ACT

To provide for the burial of honorably discharged soldiers, sallors or marines who served in the United States in any war, who die in almshouses and like institutions, and to authorize county commissioners to purchase plots of ground for the burial of honorably discharged soldiers, sailors or marines who served the United States in any war, who die in indigent circumstances.

Section 1. Be it enacted, &c., That all public officers, agents and servants, and all officers, agents and servants of any and every county, city, township, borough, district and other municipalities, and of any Providing for the and every almshouse, prison, morgue, hospital or other public institutions, having control over the body of a deceased, honorably discharged soldier, sailor or marine, who served the United States in any war, shall immediately on the death of said soldier, sailor or marine, who served the United States in any war, notify the person in the immediate or adjoining district, who has been appointed by the county commissioners under the act of May twelfth, eighteen hun

diers, sailors and marines.

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