The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1907-09-12
jurors and witnesses in this com.
monwealth.
Soction Ra n anoofod Go

| Wealtn snail be TWO dollars and
fifty cents and the pay of witness.
es shall be one dollar and fifty
cents per diem, together with
mileage as is now provided for
by law.
Section 9. All acts, or parts of
acts inconsistent herewith, are
hereby repealed.
This act supplied and repealed
the Act OF 2S Feb. 1873, above
quoted, which repealed our local
act, as we have seen. But the re.
peal of the act of 1873 did not re-
vlve the local law of 1866, above
recited (a). 1t would not have
done so at any time, but Article
Ill Sec. Z of the new constitution
forblds the enactment of local or
special Legislation regulating the
affairs Of counties, &C., and there
fore our local act could not have
been revived by direct enactment
since 1874; fortlori, it could not
be done indirectly.
Durr v. Com. 3 Pa, G. G.. 525.
While the act of June /, 1907,
would not of itself repeal the To-
cal act yet 1t having been repealed
by the act of 1873, which this act
of 1907 supplies, the latter act
must regulate the fees of jurors
Franklin County.
l am therefore of opinion, clear
ly, that the pay of jurors, attend
ing court In Franklin County, is
that fixed by the act of 1907,
namely-two dollars and fifty
cents per diem, with mileage.
WITNESSES.
The act of % Feb, 1921, Sec.
ID e Sm. l.. 377.)
This act gave witnesses sixty
two and one half cents per diem
for those residing away from the
county seat, and fifty cents for
others, with mileage of three
cents for each mile circular.
The act of 27 March, 1866, (P.
l.. 344) above quoted (a). fixes the
fees of witnesses in Franklin,
Schuylkili, and two other coun-
ties, at one dollar and fifty cents
per diem with seventy. five cents
to those residing at the county
seat.
(b.) Act of 9 Feb, 1867. (P. L.
1867, as follows:
A Supplement to an act IN
creaslng the fees of Jurors and
witnesses in and for the county
of Armstrong, Franklin, Schuyl-
kill, and Westmoreland, chang.
ing the fees to be paid witnesses
IN Franklin County.
Section l. Be it enacted, &C.,
that the compensation for wit
nesses, IN attendance upon the
several courts of the county of
Franklin, shall be seventy five
cents per diem; provided, that
such witnesses who reside IN, or
within one mile of, the borough
of Cham bsrsburg, shall only be
entitled to fifty cents per diem,
while in attendance upon the sew
eral courts aforesaid.
Section 2. All laws lncouslst-
ent herewith are hereby repeal
ed.
Next comes the act of 23 FeD.,
1889. Sec. l (P. l.. 8; Purdon, 10
Ed. 1859.
This act gave Witnesses one
dollar per diem with three cents
circular for mileage.
This act Is to amend the ID Sec
tion of the act of 90 Feb, 1921,
above referred to--''an act IN
creasing the compensation of
Witnesses attending court" 1t
therefore applies only TO those
counties where the act of 1921
was IN force at the time OF the
amendment.
!, We have seen that the act of
1921 was not In foroe at this tune
In Franklin County. 1t therefore
did not repeal our local act OF
J 1867, above quoted.
DeHaven v. Merath, Z Pa. @. G.
8ss.
} Mcdonald Y. Goal Co., 8 Pa. O.
@. 400.