ch order of the court, in any German newspaper, shall be id to be adequate, and shall have all the force and effect of publication in an English newspaper. JOHN CESSNA, Speaker of the House of Representatives. Speaker of the Senate. APPROVED-The twenty-second day of April, Anno Domini e thousand eight hundred and sixty-three. A. G. CURTIN. No. 549. A Supplement To an act to provide for the adjudication and payment of certain military claims, approved April sixteenth, one thousand eight hundred and sixty-two. SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assemly met, and it is hereby enacted by the authority of the same, That all officers of the volunteer service, holding commissions Officers of volin regiments, recruited under an authority emanating from the unteer service secretary of war of the United States, or from the gover- to receive pay, nor of this commonwealth, and who have not been dishonora- emoluments and allowances, bly dismissed from the service, shall receive from the state of from date of Pennsylvania the same pay, emoluments and allowances, allow- authority to ed to officers of like rank in the regular army, from the date of time of muster. such authority to the time they were mustered into the military service of the United States, or until disbanded by the governor: Provided, That when a company has been recruited, in whole Proviso. chaplains, to re SECTION 2. That surgeons, assistant surgeons and chaplains, Surgeons and regularly commissioned in volunteer regiments raised in the assistants, and state of Pennsylvania, and who have actually entered on duty ceive the same in their respective regiments, under appointment by competent pay as officers authority, shall be entitled to receive pay, under the provisions of like rank. of this act, from the time they entered on duty to the date of their muster into the United States military service, at the same rates, as are now allowed by the United States to officers of like rank in the volunteer service: Provided, That no officer shall re Officers dishon-ceive pay, under the provisions of this act, who has been disorably dismiss- honorably dismissed from the military service of the United States. ed not to be paid. SECTION 3. That the adjutant general, quartermaster general and the commissary general shall constitute a board, any two of whom shall form a quorum, to whom, all claims, under this act, shall be submitted for examination, and if found to conform to the provisions of this act, and approved by the said board, Auditor general they shall report the same to the auditor general, who shall reto review their view the same, and if satisfied therewith, shall draw his warreport and draw rant on the state treasurer for the amount allowed in each case, warrant on trea- and the state treasurer is hereby authorized to pay the same out surer. Payment. Claims settled under former of the war loan, authorized by the act of May fifteenth, one thousand eight hundred and sixty-one, entitled "An Act to create a loan and provide for arming the state," and in case said fund shall be insufficient to pay the same, then out of any money in the treasury not otherwise appropriated. SECTION 4. That any persons, who may have settled their claims under the act of the sixteenth day of April, Anno Domact, relative to. ini one thousand eight hundred and sixty-two, shall not be ex Proviso. The vouchers necessary to establish claims. cluded from any benefits, to which they would be entitled under this act: Provided, That any money paid such persons, on such settlement, shall be mentioned in their statement of claim, under this act, and the commonwealth be allowed due credit therefor. SECTION 5. That the vouchers necessary to establish a claim under this act, shall be, First, a declaration under oath, in writing, of facts and dates, setting forth, also, that the claimant has not been dishonorably dismissed the service of the United States; that he has not, at any time, received any pecuniary or other compensation, or promise thereof, for the procuring of any commission, or appointment of any officer, sutler, or other appointee connected with the volunteer service; that he has not transferred any portion of the men he recruited, or assisted in recruiting, to any other company, battalion or regiment, for a pecuniary or other consideration; that be has not received any pay or compensation from the United States for any part of the claim presented, and that he will not seek to do so. Second, a statement or bill of claim, in writing, under oath, with dates, items and amounts, made out agreeably to forms, to be designated by the board appointed by this act. Third, the commission from the governor of the commonwealth, or a certified copy thereof, together with the date of muster into the United States service: Provided, In claims made for regiments, raised by authority direct from the war department, the board may, if they think just and proper, in any case, or cases, require, in addition to the commission from the governor aforesaid, the production of the original order from the war depart. ment, or a certified copy thereof, in writing, and also the order, widows or heirs or a copy thereof, from the person thus duly authorized: And of deceased sol- provided further, That when the claim is going to the widow, diers, not ex Proviso. Claims of ceeding $100, may be paid without letters of administra tion. or heirs of a deceased soldier, and the said claim does not exceed one hundred dollars, said claim may, at the discretion of the board, be paid to said widow, or heirs, without letters of administration having first been taken out on the estate of said decedent. heirs. SECTION 6. That the widow before, and if the widow is dead, The evidence the children of a deceased officer, shall be entitled to claim the required in benefit of this act, they shall furnish the same evidence to es- cases of claims tablish their claim the deceased officer would have been required by widows and to produce, when in the power of the said widow and children so to do; when not in their power so to do, such equivalent evidence may be required as to the board may seem just and proper: Provided, In claims made by widows or children under this act, in addition to other evidence, they shall be required to prove, by not less than two affidavits, their right to claim as such. pre tenements occupied by troops, relative to. SECTION 7. That in all claims made under the eighth section Claims for damof the act of sixteenth April, Anno Domini one thousand eight ages to lands or hundred and sixty-two, the claimant shall, previous to the sentation of petition to the court of common pleas, as provided therein, give thirty days' notice thereof to the board appointed by this act, upon the reception of which notice, the said board shall have power to employ counsel to represent the interests of the state: Provided, The board shall have power to refer back, to the proper courts, claims already reported. SECTION 8. That all claims under this act, and under the act Claims to be of April sixteenth, Anno Domini one thousand eight hundred made within and sixty-two, entitled "An Act to provide for the adjudication two years. and payment of certain military claims," shall be made within two years from the passage of this act. ment, how to SECTION 9. That all claims for pay of privates in the Erie Claims for pay regiment, three months volunteers, Col. John W. M'Lane, of privates in assigned by written orders, before the passage of the act to the Erie regiwhich this is a supplement, shall be paid to the holder or owner be paid. of such orders, the same as though applied for by the original claimants: Provided, That the said board may, if they think Proviso. necessary, require a bond of indemnity from such assignee, in twice the amount of the claim, with sufficient sureties to protect the state against any subsequent collection by the said original claimant, on the ground of fraud, or want of consideration in such original assignment. SECTION 10. That any part or parts of acts, inconsistent here- Repeal with, are hereby repealed. JOHN CESSNA, Speaker of the House of Representatives. GEORGE V. LAWRENCE, Speaker of the Senate. APPROVED-The twenty-second day of April, Anno Domini one thousand eight hundred and sixty-three. A. G. CURTIN. No. 550. An Act Authorizing the Auditor General to draw certain warrants upon the State Treasurer, in favor of the stockholders of the West Philadelphia Railroad Company. WHEREAS, By the forty-second section of an act, entitled "An Act to provide for the ordinary expenses of government, the repair of the canals and railroads, and other general and special appropriations," approved the fifteenth day of April, Anno Domini one thousand eight hundred and fifty-one, the canal commissioners were authorized, and required, to draw their warrants on the state treasurer, for certain sums of money, awarded to the stockholders of the West Philadelphia Railroad Company: And whereas, The board of canal commissioners has since been abolished; therefore, 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 auditor general be and is hereby authorized, and required, to draw his warrant, or warrants, upon the state treasurer, for any sums of money awarded, and still due, to the stockholders of the West Philadelphia Railroad Company. JOHN CESSNA, Speaker of the House of Representatives. Speaker of the Senate. APPROVED-The twenty-second day of April, Anno Domini one thousand eight hundred and sixty-three. A. G. CURTIN. No. 551. A Supplement To an act for the greater certainty of title, and more secure enjoyment of real estate, passed the twenty-second day of April, Anno Domini one thousand eight hundred and fifty-six. SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same That the provisions of the second section of an act, passed the twenty-second day of April, Anno Domini one thousand eight hundred and fifty-six, entitled "An Act for the greater certainty of title, and more secure enjoyment of real estate," shall not apply, or be deemed and taken to have applied, to any action, or proceeding, pending at the time of the passage of the said act, nor in any way to affect the parties to such action, or proceeding. JOHN CESSNA, Speaker of the House of Representatives. GEORGE V. LAWRENCE, Speaker of the Senate. APPROVED-The twenty-second day of April, Anno Domini one thousand eight hundred and sixty-three. No. 552. A Further Supplement To the acts of assembly, regulating auctions and auctioneers. SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assem bly met, and it is hereby enacted by the authority of the same, That sales, by auction, in the borough of Altoona, and the Sales by auction township of Logan, in the county of Blair, shall be authorized, in Altoona and and regulated, in the same manner as is provided in the act, Logan townentitled "An Act regulating auctions in the city of Lancaster, ship, Blair co., and other towns in this commonwealth," passed the seventh regulated. day of April, one thousand eight hundred and thirty-two, and the supplement thereto, passed the sixth day of April, one thou sand eight hundred and thirty-three; the auctioneers to be ap- Appointment of pointed in the same manner, paying the same duties, giving auctioneers. the same securities, and liable to the same penalties, and regulations, mentioned in the said acts, which are hereby extended to the said borough of Altoona, and the township of Logan, and to the officers in the said county of Blair, and to the courts thereof, in the same manner as is provided for the officers and courts mentioned in the said acts: Provided, That there shall Limitation. be but one auctioneer commissioned, at one and the same time, for the said borough and township. SECTION 2. That the term "auction," as applied and used in Definition of the the laws of this commonwealth, relative to sales, by auction, word "aucin the borough of Altoona, and the township of Logan, shall tion," as herein extend to, and include, all kinds of sales, at public outcry, applied. whether the bidding be upward, or downward, or otherwise. |