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P. L. 778.
I. State licenses. 16 April 1845 $ 2. 1. No theatrical exhibition,(k) or exhibitions of circus performances, or menagP. L. 583.
eries shall hereafter be allowed in this commonwealth, without license from the Theatres, circuses, state; and the treasurer of any county shall have authority to grant licenses, under and menageries to his hand and the seal of the proper county, for such exhibition, on the payment of be licensed.
the following sums, to wit: 15 May 1850 $ 5. 2. The price of a theatre or circus license, or museum, or any other place for
theatrical representations, shall be, in the city and county of Philadelphia, five Price of license.
hundred dollars, and in the county of Allegheny, two hundred dollars, and for each and every other county of this commonwealth within the bounds of which such theatre or circus may be shown, held or exhibited, the sum of fifty dollars; and the price of a menagerie license shall be, in the city and county of Philadelphia, two hundred dollars, in the county of Allegheny, one hundred dollars, and for each and every other county of this commonwealth within the bounds of which such menagerie may be exhibited or shown, the sum of thirty dollars. Such licenses shall be granted according to the provisions of the 2d section of the act of the 16th day of April 1845, by the treasurer of the proper county, upon receiving the price
of the same; but no such license shall entitle the party who shall receive it, to License to be con- make any such exhibition, except within the county for which the same shall be fined to the county where granted.
And if any person or persons shall attempt to show, hold or exhibit any such theatre, circus or menagerie within any city or county of this commonwealth,
without such license as aforesaid, he or they so offending shall be liable to indictPenalty for viola- ment, and on conviction thereof, shall pay, for every such offence, a fine not less
than two hundred dollars, nor greater than one thousand dollars, at the discretion
of the court trying the said offence. 16 April 1845 $ 2. 3. To be paid into the treasury of the county wherein such conviction shall take P. L. 538.
place. Not to exempt
4. Provided, That the provisions of this act shall not exempt any circus, theatre or menagerie, from payment of such taxes as may be imposed upon them by any city or borough in this commonwealth.(I)
froin local tax.
(k) The opera is a dramatic composition, and its side of Philadelphia and Allegheny counties where representation a dramatic exhibition, and is embraced the part of a building is fitted up with a stage and within the meaning of this act and subject to the pay- occasionally let out for public meetings, local enterment of a state license fee. Bell v. Mahn, 121 P. S. tainments, and to travelling theatrical companies, the 225. The same person cannot by paying one license owner is not liable to the payment of the license fee exhibit at more than one place in the city of Phila- under this act. Hayes v. Opera House Company, 139 delphia. Nirdlinger v. Irvine, 18 W. N. Č. 65. The P. S. 636. payment of a fine for a failure to take out a license is (1) An annual license holds good until the end of no bar to a suit to recover the license fees due. Ibid. the year, notwithstanding a change in the ordinance See the different acts discussed relating to state under which it was granted. Academy of Music v. licenses. Commonwealth v. Nixon, 42 L. I. 171. Out Jones, 3 Law Times (N. S.) 193.
P. L. 596.
5. Any person, the proprietor or manager of a theatre, circus or menagerie, 14 April 1851 $ 12. desiring a license for the exhibition of dramatic, equestrian or other performance for the whole state, for one year, shall be entitled to receive the same, upon the License for the payment of the sum of one thousand dollars; such license to be granted according whole state. to the provisions of 2d section of the act of 16 April 1845; and the provisions · of the (5th) section of the act of the 15th May 1850, shall not be construed as applying to any person so paying for and receiving a license for the whole state.
P. L. 141.
P. L. 73.
II. Philadelphia city licenses. 6. It shall not be lawful to exhibit to the public, in any building, garden, 30 March 1964 $ 1. grounds, concert-room, saloon or other place or room within the city of Philadelphia, any interlude, tragedy, coinedy, opera, ballet, play, farce, negro-minstrelsy, Theatres, &c., in negro or other dancing, or any other entertainment of the stage, or any part Philadelphia to be thereof, or any representation, in which a drop-curtain and scenery or theatrical licensed. costumes are used, or any equestrian, circus or dramatic performance, or any performance of jugglers, ropedancing or acrobats, or any entertainment of vocal or instrumental music, or any menagerie, until
license for such exhibition, performance or entertainment shall have been first had and obtained from the mayor of the city of Philadelphia ; which license shall be granted by him for each and to be granted by every place or building in which such exhibitions, performances or entertainments the mayor. are held, upon the payment, by the owner or manager, of the sum of ten dollars to the city treasurer, for the whole or for any portion of each calendar year., And every manager, proprietor or director of any such exhibition, performance or Penalty for perentertainment who shall neglect to take out such license, or who shall allow or forming without cause any such exhibition, performance or entertainment without such license, and every owner or lessee of any building, room, garden, grounds, concert-room or other place, who shall lease or let the same for the purpose of any such exhibition, performance or entertainment, or shall assent to the use thereof for any such purpose, except as permitted by such license, and without such license having been previously obtained and then in force, shall be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine not exceeding one hundred dollars, or undergo an imprisonment not exceeding three months, or both, or either, at the discretion of the court.
7. It shall not be lawful to exhibit to the public in any building, garden, 22 May 1879 $ 1. grounds, concert-room, saloon, or other place or room, within any city of the first class, any interlude, tragedy, comedy, opera, ballet, play, farce, negro-minstrelsy, Theatres, &c., in neyro or other dancing, or any other entertainment of the stage, or any part Philadelphia to be thereof, or any representation in which a drop-curtain and scenery or theatrical licensed. costumes are used, or any equestrian circus or dramatic performance, or any performance of jugglers, rope-dancing or acrobats, or any menagerie, unt a license for such exhibition, performance or entertainment shall have been first had and obtained from the mayor of such city of the first class, by the proprietor thereof; which license shall be granted by him for each and every place or building in To be granted by which such exhibitions, performances or entertainments are held, upon ment by said proprietor of the sum of twenty-five dollars for the whole or for any portion of each calendar year: Provided, That before such license shall be granted, on satisfactory the said mayor shall be satisfied (m) by affidavit or otherwise, that the exhibition, proof that the performance or entertainment for which the license shall be applied shall not be performances are immoral in its nature or tendencies, or otherwise unlawful or hurtful to the community; and every manager, proprietor or director of any such exhibition, performance or entertainment, who shall neglect to take out such license, or who shall Penalty for perallow or cause any such exhibition, performance or entertainment without such forening without license, and every owner or lessee of any building, room, garden, grounds, concertroom or other place, who shall lease or let the same for the purpose
such exhibition, performance or entertainment, or shall assent to the use thereof for any or violation theresuch purpose, except as permitted by such license, and without such license having of. been previously obtained and then in force, shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine not exceeding one hundred dollars, or undergo an imprisonment not exceeding three months, or both or either, at the discretion of the court.
8. It shall be lawful for the mayor of any city of the first class, upon proof 22 May 1979 $ 3. satisfactory to him, by affidavit under oath or affirmation, of the violation of any of the provisions of this act or of any other act of assembly or ordinance of such city License may be regulating places of amusement, or that the exhibition, performances, entertain- vacated. ments, or any of them, given under color of said license, are or have been immoral or unlawful, to vacate, annul and render void and of no effect any license which Powers of the shall have been obtained as aforesaid, by any manager, proprietor, owner or lessee, mayor and police. for the holding such exhibition, performance or entertainment, or allowing or let
P. L. 73,
(m) The act 30 March 1864, P. L. 141, was mandatory upon the mayor, but under
this act he has a discretion. Commonwealth v. Stokley, 12 Phila. 316.
Stedman's Appeal, 33 L. I. 444. As to entertainments of " vocal and instrumental music,” however, the act of 1864 still applies. Ibid.
P. L. 73.
22 May 1879 g 3. ting any part of a building or other premises for the purpose thereof; and it shall
also be lawful for the said mayor to prevent any such exhibition, performance or entertainment from being held, exhibited or performed, until the license hereinbefore provided for shall be paid, or if the same shall have been annulled or vacated for violation of any of the provisions of this act, or otherwise, and to that end to direct the police to close the building, room or other place in which the said exhibition, performance or entertainment is intended to be held, and prevent
the entrance of auditors or spectators. 22 May 1879 $ 4. 9. All sums of moneys received in payment for licenses under this act, shall be
paid into the treasury of the said city for municipal uses; and it is hereby enacted License fees to be that nothing in this act contained shall in anywise be taken or deemed to revoke, praeds into the city modify or interfere with the provisions of the several acts of the general assembly treasury.
requiring license from the state for theatrical or other exhibitions: Provided, Appeal from deci. That if any person or persons applying to the mayor for a license as aforesaid, sion of the mayor. shall be aggrieved by the action of said mayor in refusing to grant such license, or
in revoking any license, such person or persons shall have the right of appealing to the court of quarter sessions, which court shall, as soon as possible, hear and delermine the same as to said court may seem just and right.(n)
P. L. 73.
P. L. 642.
III. Amateur performances. 23 March 1865 $ 1. 10. The provisions of the several acts requiring a license from the state for
theatres or theatrical exhibitions, shall not be held to extend to any musical or Performances by dramatic representations by amateurs, in the city of Philadelphia or the city of
Pittsburgh, the net proceeds of which are to be devoted to the relief and support charitable pur
of widows or orphans, the wounded or the sick.
P. L. 440.
IV. Regulation of halls.(0) A. 14 Mch. 1867 $ 1. 11. It shall not be lawful for the owners or lessees of any public hall, or place of
amusement, in the city of Philadelphia,(p) to obstruct, or allow to be obstructed Passage ways. by others any of the aisles or passage-ways, in the auditorium of said halls or places
of amusement, by placing therein any benches, chairs, stools, or other articles, that may prevent free egress or ingress during the hours that said places may be open
to the public. Ibid. & 2.
12. Said owners, lessees or their agents are hereby required to keep open, at all Ingress and egress. hours during the time said halls or places of amusement are open to the public, all
doors giving means of ingress or egress, unless said doors open outwards from said places, then the same may be closed; but no hindrance, such as locks, or catches of any kind, shall be allowed to obstruct, or prevent, instant and easy egress through the same; and when said doors open inwards, it is required of said owners, or
lessees, that the same be fastened securely and firmly opened. Ibid. $ 3. 13. In addition to the other requirements of this act, the owners and lessees of Plug and hose to
the Arch street theatre, Walnut street theatre, Chestnut street theatre, American be provided. theatre, Academy of Music, and the building formerly known as City Museum, now
German theatre, four hundred and twenty-one Callowhill street, in said city, are required, at all hours during the time said places are open to the public, to keep attached to a plug or water attachment, to be furnished by them for that purpose, sufficient hose of the size used by the fire companies of said city, to extend to the furthest limits of said places of amusement, and that said hose shall be kept at
all times in good order and repair, and ready at all times, during the said hours, A. 14 Mch. 1967 $ 4. for immediate use.
14. A penalty of five hundred dollars be imposed upon any owners, or lessees, Penalty. of any said public halls or places of amusement, who may, at any time, violate any
P. L. 140.
(n) On appeal, the quarter sessions will only ex- he cannot compel her to perform a lower part. amine the question, whether the mayor has exercised Roserie v. Kiralty, 34 L. I. 185. The title of a copya pure legal discretion in the premises. Steadman's righted play will be protected in equity, though the Appeal, 14 Phila. 376. If the manager of a place of pub- one intended to be represented may be different. lic amusement refuse admittance to the plaintiff, al- Shook v. Wood, 10 Phila. 373. The public performleging that one of his companions is a thief, the words ance of an uncopyrighted opera gives no right to are primâ facie privileged, and express malice must print the music. Gilbert v. Bacher, 9 W. N. C. 14. be shown. Neuskey v. Mundt, 4 Leg. Gaz. 230. The The stockholders of the Academy of Music were neglect of the managers of a theatre to mark a seat enjoined from making transfers of their stock in "taken," gives no right to a stranger, if it was actu- small lots for the mere purpose of entitling the ally purchased by another. Commonwealth v. Powell, holders to admission to the Academy. Baker's Ap10 Phila. 180. In the absence of any regulation on peal, 108 P. S. 510; 43 L. I. 154. See Wilson v. Acadthe subject, a negro, who has purchased a ticket for a emy of Music, 43 L. I. 86, as to voting by stockholders reserved seat, cannot be denied admittance. Drew v. of the Academy. As to rights of stockholders to Peer, 93 P. S. 235. The proprietor and manager of reserved seats, see Fareira v. Riter, 38 L. I. 450. a theatre occupies the position of master to a per- (0) See “ Municipal Corporations,” sub-title “Buformer, and if a spectator be injured by the unskil- reau of Building Inspection." fulness of the latter, the former is liable; it is not (p) The 6th section extends the provisions of this concurrent negligence to sit in the front row.
act to the cities of Pittsburgh and Allegheny; and by Dougherty, 2 W. N. C. 417. If a theatrical manager act 18 February 1870, it is extended to the city of engage a performer as première danseuse étoile," Altoona. P. L. 167.
of the provisions of this act, to be recovered in like manner as penalties for viola- A. 14 Mch. 18679 4. tion of any law are now enforced in the city of Philadelphia
15. The building inspectors of the city of Philadelphia are hereby authorized Ibid. $ 5. and required to carry out the provisions of this act, and shall, on complaint of any .
Enforcement of citizen of said city, of the violation of any of its provisions, bring suit for the recovery of the penalty imposed for said violation ; and one-half of said penalty, when enforced, to be paid to the informer, and one-half to the treasurer of the fund for the relief of disabled firemen, for the benefit of said fund.
V. Admission and employment of children. 16. Any proprietor or any person in charge of any dance-house, concert-saloon, 28 May 1885 & 4. theatre, museum, or similar places of amusement, where wines or spirituous or P. L. 27. malt liquors are sold or given away, or any place of entertainment injurious to Admitting minors health or morals, who admits or perinits to remain therein any minor under the under eighteen to age of eighteen years, unless accompanied by his or her parent or guardian, shall
certain places of
amusement. be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine not exceeding two hundred dollars.
17. Any person having the care, custody or control of any minor child under 11 June 1879 $ 2. the age of fifteen years, who shall in any manner sell, apprentice, give away or otherwise dispose of such child, and any person who shall take, receive or employ Infants not to be such child for the vocation or occupation of rope or wire-walking, or as an acrobat, employed in cer
tain vocations. gymnast, contortionist or rider, and any person who, having the care, custody or control of any minor child whatsoever, shall sell, apprentice, give away or otherwise dispose of such child, or who shall take, receive or employ such child, for any obscene, indecent or illegal exhibition or vocation, or any vocation injurious to the health or dangerous to the life or limb of such child engaged therein, or for the purpose of prostitution, and any person who shall retain, harbor or employ any minor child in or about any assignation house or brothel, or in any place where Or retained in any obscene, indecent or illegal exhibition takes place, shall be guilty of a misde- brothels. meanor, and upon conviction thereof before any justice of the peace, magistrate Penalty. or court of record, shall be fined not less than fifty dollars nor more than one hundred dollars for each offence.
18. Any person having the care, custody or control of any minor child under the 11 June 1879 $ 4. age of fifteen years, who shall in any manner sell, apprentice, give away or permit P. L. 142. such child to sing, dance, act, or in any manner exhibit, in any dance-house what- Not to be employed ever, or in any concert-saloon, theatre or place of entertainment, where wines or in dance-houses, spirituous or malt liquors are sold or given away, or with which any place for the ac. sale of wines or spirituous or malt liquors is directly or indirectly connected, by or any passage-way or entrance, and any proprietor of any dance-house whatever, or liquors are sold, any such concert-saloon, theatre or place of entertainment, so employing any such &c. child, shall be guilty of a misdemeanor, and upon conviction thereof in the manner provided in the first section of this act, shall be fined not less than fifty dollars Penalty. nor more than one hundred dollars for each offence.
VI. Dangerous exhibitions.
19. It shall not be lawful for the proprietor of any public place of amusement or 1 June 1883 $ 1. resort, to perform or have exhibited, the shooting of a person from a catapult or P. L. 57. other machine, the throwing of knives at a performer, or the shooting at a target Certain dangerous held by or placed on the head or near the performer, or exhibitor, performing on a exhibitions pro
hibited. trapeze without a strong netting below the performer, or any other feat or per- " formance that is extra-hazardous and jeopardizes the life or lives of any person or persons; any person violating this act shall be guilty of a misdemeanor, and on conviction, shall pay a fine of five hundred dollars, or imprisonment, one or both, at the discretion of the court.
VII. Ticket scalping. 20. It shall not be lawful for any person or persons to sell, barter or exchange, 18 June 1883 & 1. or offer for sale, barter or exchange, upon the public streets or highways, or in P. L. 96. front of any theatre or place of amusement and entertainment, tickets of admission Ticki
Tickets not to be to such theatre or place of amusement and entertainment.
sold on the high21. Any person or persons violating the provisions of this act of assembly, shall ways. De deemed guilty of a misdemeanor, and on conviction, shall be punished by a fine Ibid. § 2. of fifty dollars, and imprisonment, not exceeding three months, or either or both, Penalty. for every such offence.
VIII. Female waiters. 22. It shall not be lawful for any female to attend among or wait upon the 22 May 1979 $ 2.
P. L. 78. audience or spectators at any of the exhibitions, performances or entertainments mentioned hereinbefore, or at any other place of public amusement in any city of Attendance of
female waiters the first class, to procure, offer, furnish or distribute any description of commodi- prohibited.
P. L. 73.
22 May 1879 2. ties or refreshments whatsoever; nor shall it be lawful for any manager or pro
prietor of any such exhibition, performance, entertainment or place of public amusement to employ or permit the employment of any female to attend among or
wait upon the audience or spectators thereat, to procure, offer or distribute any Penalty for viola- description of commodities or refreshments whatsoever; and any person violat
ing any of the provisions of this section, shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine not exceeding tive hmdred dollars, or undergo an imprisonment not exceeding one year, or both or either, at the discretion of the court.(7)
P. L. 162.
IX. Sale of liquors. 9 July 1881 $ 1.
23. No license for the sale of vinous, spirituous, malt or brewed liquors, or any
admixtures thereof, in any quantity, shall be granted to the proprietors, lessees, License for sale of keepers or managers of any theatre, circus, museum or other place of amuseliquors not to be granted, &c.
ment,(r) nor shall any house be licensed for the sale of such liquors, or any of them, or any admixtures thereof, which has passage or communication to or with any theatre, cirens, museum or other place of amusement; and any license granted
contrary to this act shall be null and void. Ibid. $ 2.
24. The proprietor, lessee, keeper or manager of any theatre, circus, museum,
or other place of amusement, or any other person, who shall violate the provisions Penalty.
of this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine of one hundred dollars, and to undergo an imprisonment of not less than thirty days.
1. Board for the distribution of bodies for anatom- 4. Carriage of bodies. ical purposes. Their powers. Records.
5. Schools, &c., to give bond. Conditions. Traf. 2. Officers to give notice to the board. And de- fic in dead bodies prohibited. Penalty. liver bodies without charge. To be used for scientific 6. Expenses. purposes. Exceptions.
7. Penalty for violations of the act. 3. Distribution regulated.
13 June 1893 $ 1. 1. The professors of anatomy, the professors of surgery, the demonstrators of
P. L. 119. anatomy and the demonstrators of surgery of the medical and dental schools and Board for the dis. colleges of this commonwealth, which are now or may hereafter become incorpotribution of bodies rated, together with one representative from each of the unincorporated schools of posesatomical pur- anatomy or practical surgery, within this commonwealth, in which there are, [or]
from time to time, at time of the appointment of such representatives, shall be, not less than five scholars, shall be and hereby are constituted a board for the distribution and delivery of dead human bodies, hereinafter described, to and among such persons as, under the provisions of this act, are entitled thereto. The professor of anatomy in the University of Pennsylvania, at Philadelphia, shall call a
meeting of said board for organization, at a time and place to be fixed by him, powers. within thirty days after the passage of this act. The said board shall have full
power to establish rules and regulations for its government, and to appoint and Records. remove proper officers, and shall keep full and complete minutes of its transac
tions; and records shall also be kept, under its direction, of all bodies received and distributed by said board, and of the persons to whom the same may be distributed, which minutes and records shall be open at all times to the inspection of each member of said board, and of any district-attorney of any county within this
commonwealth. Ibid. & 2.
2. All public officers, agents and servants, and all officers, agents and servants of
any and every county, city, township, borough, district and other municipality, and notice to the board of any and every almshouse, prison, morgue, hospital, or other public institution
having charge or control over dead human bodies, required to be buried at the public expense, are hereby required to notify the said board of distribution or such
person or persons as may, from time to time, be designated by said board or its And doliver bodies duly authorized officer or agent, whenever any such body or bodies come to his or without charge. their possession, charge or control, and shall, without fee or reward, deliver such
body or bodies, and permit and suffer the said board and its agents, and the physicians and surgeons from time to time designated by them, who may comply with the provisions of this act, to take and remove all such bodies, to be used within
Officers to give
(). This is a re-enactment of the act 30 March 1864, Cavanaugh, 43 L. I. 414. Commonwealth v. Mehler, § 2. P. L. 141.
45 L. I. 55. And this, notwithstanding the fiat of a (r). These words refer to amusements of a char- certain high official of Philadelphia, who arrogantly acter kindred to theatres, circuses and museums; they stated that “beer and music don't mix." The Acaddo not include beer gardens, nor any place where mere emy of Music of Philadelphia is a place of amusemusic alone is furnished. Hasting's Case, 39 L. I. ment within this act. Steven's. Application, 5 S. C. 440. Gabell's Case, 3 Kulp 204. Commonwealth v. 627. Seo act 20 April 1858, § 9, P. L. 366.