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grounds for the health and enjoyment of the people,
under any special act of Assembly, is hereby authorized
to set apart or aside any roadway or drive therein, for
the use of horses and vehicles at such rate of speed as
may be prescribed by said board, and no limit of speed
prescribed by any special act shall thereafter apply to
such roadway or drive so established.
Approved–The 28th day of February, A. D. 1901.

WILLIAM A. STONE.

No. 11.

AN ACT

Unlawful for dis-
trict attorney to
stand aside
jurors.

lenges.

Making it unlawful for district attorneys to stand aside jurors

in empanelling any jury in the trial of any indictment charging a felony or a misdemeanor in any court of this Commonwealth, and regulating the challenging of jurors by the Commonwealth and the defendant in such cases.

Section 1. Be it enacted, &c., That from and after the passage of this act it shall be unlawful for any district attorney of any county in this Commonwealth, in empanelling any jury for the trial in any court of any indictment charging a felony or a misdemeanor, to stand aside jurors, but in every such case the Commonwealth

and the defendant shall, in addition to the challenges Peremptory chal- for cause now allowed by law, be entitled to peremp

tory challenges as follows: In all trials for misdemeanor the Commonwealth and the defendant shall each be entitled to six peremptory challenges; in the trial of felonies, other than those triable exclusively in the courts of oyer and terminer and general jail de

livery, the Commonwealth and the defendant shall each For felonles, in

be entitled to eight peremptory challenges; and in the trial of felonies, triable exclusively in the courts of

oyer and terminer and general jail delivery, the ComFor felonies in monwealth and the defendant shall each be entitled to

twenty peremptory challenges; all of which challenges shall be made and assigned by the Commonwealth and the defendant, respectively, when the juror is called. Approved-The 6th day of March, A. D. 1901.

WILLIAMA. STONE.

For misdemeanor, siz,

certain cases, eight.

certain cases, twenty.

No. 12.

AN ACT

To amend section six of an act, entitled “An act providing for the erection of the Pennsylvania Soldiers Orphans' Industrial School; the purchase of land and the erection and equipment of the building and buildings necessary therefor ; making appropriations for such purposes as erection and equipment, and the maintenance of the children admitted therein, placing the care of the same in the commission now known as the Commission of Soldiers' Orphan Schools of the State of Pennsylvania, and regulating the admissions to the said Pennsylvania Soldiers Orphans' Industrial School and the said Soldiers' Orphan Schools," approved the twenty-seventh day of May, Anno Dominione thousand eight hundred and ninety three: Provided, that in certain cases pupils may remain at the Soldiers' Orphan Industrial Schools after attaining the age of sixteen years.

Section 1. Be it enacted, &c., That section six of said act, which reads as follows:

“Section 6. The said Commission, under such rules and forms of application as it may adopt, shall be and is hereby authorized to admit to said Soldiers' Orphan Schools, or to the Pennsylvania Soldiers Orphans' Industrial School, soldiers' orphans of parents residents of this State for a continuous period of not less than five years prior to their application, who shall be under fourteen years of age, to be educated and maintained therein until they shall severally become sixteen years of age, unless sooner discharged for cause by order of the Commission,” be amended to read as follows:

Section 6. The said Commission, under such rules and forms of application as it may adopt, shall be and is hereby authorized to admit to said Soldiers' Orphan Schools, or to the Pennsylvania Soldiers Orphans' In- Who shall be addustrial School, soldiers' orphans, of parents resi. schools. dents of this State for a continuous period of not less than five years prior to their application, who shall be under fourteen years of age, to be educated and maintained therein until they shall severally become sixteen years of age, unless sooner discharged for cause by order of the Commission:

Provided, That in the case of pupils at the Soldiers Proviso. Orphans' Industrial School reaching the age of sixteen certain pupils between the first day of January in any year and the max remainhartere thirtieth day of June of the same year, the said pupil of sixteen. may, at the discretion of the Commission of Soldiers' Orphan Schools, remain at the school until the thirtieth day of June following the date at which he or she may reach the age of sixteen.

Provided, further, That all acts or parts of acts in- Repeal. consistent herewith be and the same are hereby repealed. Approved–The 7th day of March, A. D. 1901.

WILLIAM A. STONE.

mitted to said

.

Laws.

No. 13.

AN ACT

Section 12 of the act of June 26, 1895, cited for amendment.

To amend the twelfth section of an act, entitled "An act to provide

for the incorporation of institutions of learning with power to confer degrees in art, pure and applied science, philosophy, literature, medicine, law and theology, and for the supervision and regulation of the same, and providing a method by which institutions already incorporated may obtain the power to confer degrees, and exempting from the provisions of this act colleges heretofore incorporated by the court of coinmon pleas with power to confer degrees, in cases where such colleges have, at the time of the passage of this act, a specified amount of capital or resources."

Section 1. Be it enacted, &c., That the twelfth section of the act of Assembly, entitled “An act to provide for the incorporation of institutions of learning with power to confer degrees in art, pure and applied

ence, philosophy, literature, medicine, law and theology, and for the supervision and regulation of the same, and providing a method by which institutions already incorporated may obtain the power to confer degrees, and exempting from the provisions of this act colleges heretofore incorporated by the courts of common pleas with power to confer degrees, in cases where such colleges have, at the time of the passage of this act, a specified amount of capital or resources, approved the twenty-sixth day of June, Anno Domini one thousand eight hundred and ninety-five, which reads as follows, namely:

When a college or theological seminary has heretofore been incorporated by special act of Assembly, it may obtain the power to confer degrees from the courts as above set forth, provided it has invested funds amounting to one hundred thousand dollars at the time of the passage of this act. This act further. more shall not impair the authority of colleges heretofore incorporated by such courts of common pleas with power to confer degrees in cases where such institutions have property or capital, at the time of the passage of this act, of at least one hundred thousand dollars, and which shall,

shall, with in three months after the passage of this act, file with the Superintendent of Public Instruction of this Commonwealth a

statement that the assets held by them individually for the purpose of promoting education in the higher branches of human learning amount to the sum of one hundred thousand dollars, nor shall this act impair the authority of universities similarly incorporated by the courts with the power to confer degrees in cases where such institutions possess property at the time of the passage of this act amounting to the sum of five hundred thousand dollars, and which shall, within three months from the passage of this act, file with the Su

Sworn

perintendent of Public Instruction of this Commonwealth a sworn statement that the assets held by them individually for the purpose of promoting instruction in the higher branches of human learning amount to the sum of five hundred thousand dollars; none of the provisions of this act, however, shall be construed as applying to institutions possessing capital stock and established for the purposes of private profit or gain,” be and the same is hereby amended to read as follows:

When a college or theological seminary has hereto- May obtain power fore been incorporated by special act of Assembly, it may obtain the power to confer degrees from the courts as above set forth, provided it has invested funds amounting to one hundred thousand dollars at the time of the passage of this act. This act further. Act shall not immore shall not impair the authority of colleges here- colleges which tofore incorporated by such courts of common pleas this amendment with power to confer degrees in cases where such in- of $100,000. stitutions have property or capital, at the time of the passage of this amendment, of at least one hundred thousand dollars, and which shall, within three months after the passage of this amendment, file with the Superintendent of Public Instruction of this Commonwealth a sworn statement that the assets held by them individually for the purpose of promoting education in the higher branches of human learning amount to the sum of one hundred thousand dollars, nor shall this act impair the authority of universities Nor of universisimilarly incorporated by the courts with power to confer degrees in cases where such institutions possess property at the time of the passage of this act amounting to the sum of five hundred thousand dollars, and which shall, within three months from the passage of this act, file with the Superintendent of Public Instruction of this Commonwealth a sworn statement that the assets held by them individually for the purpose of promoting instruction in the higher branches of human learning amount to the sum of five bundred thousand dollars; none of the provisions of certain institua this act, however, shall be construed as applying to in provislons of institutions possessing capital stock and established for purposes of private profit or gain. Approved--The 7th day of March, A. D. 901.

to confer degrees.

pair authority of

property or capital

WILLIAM A. STONE.

ties.

included

this act.

No. 14.

AN ACT

For the government of cities of the second class.
Section 1. Be it enacted, &c., That,

ARTICLE I.

Executive powers shall be vested in a city recorder.

Office of mayor abolished.

Qualifications of city recorder.

Powers of city recorder.

He shall give bond.

Election of city recorder, and term of office.

Not eligible for succeeding term, or to any other city office for two years.

Section 1. In cities of second class the executive power shall be vested in a city recorder and in the departments authorized by this act. The office of mayor in said cities ie hereby abolished.

The city recorder shall be the chief executive officer of the city, and shall be at least tweny-five years of age, and have been a citizen and inhabitant of the State five years, and an inhabitant of the city for which he may be elected city recorder five years next before his said election, unless absent on the public business of the United States or of this State, and shall reside in said city during his term of service. The city recorders, whether appointed or elected, shall have all the powers and jurisdiction of justices of the peace under existing laws of this Commonwealth. He shall give bond in such sum as shall be determined by councils.

The city recorder shall be chosen by a plurality of the votes cast at the municipal election, and shall hold his office for the term of three years from the first Monday of April next ensuing his election, and serve until his successor is duly elected and qualified; but he shall not be eligible to the office of city recorder for the next succeeding term, or to any other office or position in the city during the period of two years next succeeding the expiration of his term of office.

If two or more candidates be equal and highest in votes, one of them shall be chosen city recorder by a vote of the majority of all the members of the incoming councils, in joint convention assembled, immediately upon their organization.

When a vacancy shall take place in the office of the city recorder, a successor shall be elected for the unexpired term at the next municipal election occurring more than thirty days after the commencement of such vacancy, unless such election should occur in the last year of said term, in which case a city recorder, pro tempore, shall be chosen by councils, in joint convention, by the votes of the majority of members elected, and the person elected city recorder shall hold office until the expiration of said term, and until his successor shall be duly elected and qualified, and

When vote in equal councils shall elect.

How vacancy shall be filled.

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