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P. L. 4.
with all penalties which shall be recovered for the violation of any regulation of 11 May 1893 $ 8. the board. The president and secretary shall have full power to administer oaths or affirmations in any proceedings or investigation touching the regulations of the board, but shall not be entitled to receive any fee therefor. 243. The said board of health shall have power, and it shall be their duty, to
Ibid. $ 4. make and enforce all needful rules and regulations to prevent the introduction and Powers and duties spread of infectious or contagious diseases, by the regulation of intercourse with of board as to ininfected places, by the arrest, separation and treatment of infected persons, and tectious diseases. persons who shall have been exposed to any infectious or contagious disease, and by abating and removing all nuisances which they shall deem prejudicial to the public health; to enforce vaccination, to mark infected houses or places, to prescribe rules for the construction and maintenance of house drains, waste-pipes, soil-pipes and cesspools, and to make all such other regulations as they shall deem necessary for the preservation of the public health. They shall also have power with the May establish consent of the councils in case of the prevalence of any contagious or infectious hospitals. disease within the borough to establish one or more hospitals and to make provision and regulations for the management of the same. The board may in such District physicians
and sanitary cases appoint as many ward or district physicians and other sanitary agents as they may deem necessary, whose salaries shall be fixed by the board before their appointment. It shall be the duty of all physicians practising within the borough to report to the secretary of said board of health the names and residences of all persons coming under their professional care afflicted with such contagious or infectious disease, in the manner directed by the said board.
241. The said board of health shall have power, as a body or by committee, as Ibid. & 5. well as the health officer, together with his subordinates, assistants and workmen, under and by order of the said board, to enter at any time upon any premises in nuisances. the borough upon which there is suspected to be any infectious or contagious disease, or muisance detrimental to the public health, for the purpose of examining and abating the same; and all written orders for the removal of nuisance issued to the said health officer by order of said board, attested by the secretary, shall be executed by him and his subordinates and workmen, and the cost and expenses Costs and exthereof shall be recoverable from the owner or owners of the premises from which penses. the nuisance shall be removed, or from any person or persons causing or maintaining the same, in the same manner as debts of like amount are now by law collected.
215. The said board of health shall have power to create and maintain a com- Ibid. & 6. plete and accurate system of the registration of all marriages, births and deaths,
Registration of which may occur within the borough, and to compel obedience to the same upon marriages, births the part of all physicians and other medical practitioners, clergymen, magistrates, and deaths. undertakers, sextons, and all other persons from whom information for such purposes may properly be required. The board shall make and cause to be published, Rules and regulaall necessary rules and regulations for carrying into effect the powers and functions tions, with which they are hereby invested, which rules and regulations, when approved by the borough council and chief burgess,(kk) and when advertised in the same manner as other ordinances, shall have the force of ordinances of the borough, and all penalties for the violation thereof, as well as expenses necessarily incurred in carrying Penalties. the same into effect, shall be recoverable for the use of the borough, in the same manner as penalties for the violation of borough ordinances, subject to the like limitation as to the amount thereof.
216. It shall be the duty of the board of health to submit annually to the council Ibid. $7. before the commencement of the fiscal year, an estimate of the probable receipts Board to submit and expenditures of the board during the ensuing year, and the council shall then estimate of probproceed to make such appropriation thereto as they shall deem necessary; and the expenditures. said board shall, in the month of January of each year, submit a report in writing Annual report. to the council of its operations for the preceding year, with the necessary statistics thereof, together with such information or suggestions relative to the sanitary condition and requirements of the borough as it may deem proper, and the council shall publish the same in its official journal. It shall also be the duty of the board Communication to communicate to the state board of health, at least annually, notice of its organ- with state board. ization and membership, and copies of all its reports and publications, together with such sanitary information as may from time to time be required by said state board.
247. All acts or parts of acts inconsistent with or contrary to the provisions of Ibid. SS. this act are hereby repealed.
Repeal. XX. Executions against boroughs. 248. In all cases where judgments have been or shall be obtained against a bor- 2 April 1860 $ 1. ough within this commonwealth, like proceedings to enforce payment thereof out of the borough fund, may be had, as are provided by law for enforcing payment of Executions against judgments against townships; and the writ of execution to be issued in such cases boroughs. shall be served upon the burgess, or treasurer, or secretary of the town council of the proper borough.
(kk) The rules and regulations of the board of health may be established by the passage of the same over the veto of the chief burgess. Boards of Health, 51 L. I. 75.
BOTTLES AND BARRELS.
1. Bottles may be registered. Publication regulated,
2. Penalty for refilling.
4. Publication of description. To be filed in the office of the secretary of the commonwealth.
5, Certificate of secretary to be evidence of registration,
6. Dealing in registered bottles.
20 April 1853 § 1. 1. All manufacturers and vendors of mineral waters and other beverages in
P. L, 643. bottles, upon which their mark or marks shall be respectively impressed, may file Manufacturers of in the office of the secretary of the commonwealth, a description of such bottles, mineral waters, and of the names or marks thereon, and shall cause the same to be published for &c., may register their bottles.
six weeks, successively, in a daily, weekly or other newspaper published in the Publication regu
county wherein the same shall be manufactured or sold, except in the city and lated.
county of Philadelphia, where the said publication shall be made for the same time in two daily newspapers: Provided, That those manufacturers or vendors of mineral waters or other beverages, who may have already complied with the provisions in regard to registry and publication, contained in the sixth section of an act, entitled “ An act authorizing the commissioners of the incorporated districts of the Northern Liberties and Kensington, to open a street to be called Delaware avenue, and for other purposes," approved the 24th day of January, Anno Domini 1849, shall not be again required to make registry or publication, and shall be
entitled to all the benefits of this act. Ibid. & 2.
2. It is hereby declared to be unlawful for any person or persons, hereafter,
without the permission of the owner thereof, to fill with mineral waters or other Penalty for vending boiules so beverages any such bottles so marked, or to sell, dispose of, or to buy, or to traffic marked and reg. in any such bottles so marked, and not bought by him or her of such owner istered.
thereof; and every person so offending shall be liable to a penalty of fifty cents for
every bottle so filled, or sold, or used, or disposed of, or bought, or trafficked in, for How recoverable. the first offence, and of five dollars for every subsequent offence, to be recovered
before any alderman or justice of the peace, as fines and penalties are by law recov
erable, for the use of the commonwealth.(1) Ibid. $ 3. 3. The fact of any person, other than the rightful owner thereof, using any such
bottles, for the sale therein of any beverage, shall be primâ facie proof of the Evidence.
unlawful use or purchase of such bottles as aforesaid; and any such owner, or When process of
agent of the owner, who shall make oath or affirmation before any alderman or search may issue.
justice of the peace, that he has reason to believe, and does believe, that any of his bottles, stamped and registered as aforesaid, are being unlawfully used, or are concealed(m) by any person or persons selling or manufacturing mineral waters or other beverages, that the said alderman or justice of the peace shall, thereupon, issue a process in the nature of a search-warrant, directed to any constable, commanding him to search the premises, wagons, carts or other places of the offender or offenders, where said bottles are alleged to be, and if upon such search any bottles so marked shall be found, to bring the same, together with the body of the person in whose possession they may be found, before said alderman or justice of
the peace, there to be dealt with according to law. 8 May 1859 $ 1. 4. The manufacturers or vendors of beverages, or other articles of merchandise P. L. 132. in bottles, upon which bottles said manufacturers' or vendors' names or other
marks shall be respectively impressed, may cause a description of said bottles and Registration of bottles.
of the names or marks impressed thereon, to be published once a week, for six weeks successively, in a newspaper of the county where the same shall be manufactured or sold, and upon producing proof of said publication, may file said description in the office of the secretary of the commonwealth, where the same shall then
be registered. Ibid. & 2.
5. The certificate of the secretary of the commonwealth or his authorized deputy,
under the seal of his department, shall, in all cases, be conclusive evidence of the Evidence of regis
publication, marking and registering of such bottles. tration,
6. It shall be unlawful for any person or persons, without the written permission 8 May 1889, § 1. P. L. 131. of the owner or owners thereof, to refill with any beverage or other article of
merchandise for the purpose of sale, or to buy, or sell, or deal, or traffic in any Dealing in registered bottles. bottle or bottles having impressed upon it, or them, the manufacturer's or ven.
dor's name, or names, or other marks which shall have been registered according
to law. Ibid. $ 2.
7. It is hereby declared to be a misdemeanor to refill said bottles with any
beverage or other article of merchandise for the purpose of sale, or to buy, or sell; Declared a misde
or deal, or traffic in said bottles so registered, without the permission in writing of ineanor.
(1) See Commonwealth v. Gillingham, 6 Phila. 321.
(m) See Mullins v. People, 24 N. Y. 399.
P. L. 181.
P. L. 58.
the owner or owners thereof, and upon conviction thereof the offender shall be 8 May 1889 $ 2. sentenced to pay a fine not exceeding five hundred dollars or to suffer an imprisonment for a term not exceeding six months, or both, at the discretion of the court. Penalty.
8. The fact of any person, other than the rightful owner thereof, refilling any Ibid. § 8. such bottles or using the same for the sale therein of any beverage or other article of merchandise, or having in his or her possession said bottles for the purpose of Proof of unlawful dealing or trafficking therein, shall be primâ facie proof of the unlawful use, or purchase of, or for the unlawful dealing or trafficking in, such bottles as aforesaid.(n)
9. Any person or persons engaged in the manufacture of malt liquor for sale in 4 April 1865 & 1. butts, hogsheads, barrels, half-barrels, casks, half-casks, quarter-casks or kegs, with his, her or their name or names or other private marks, respectively, branded or Brewers may reg. stamped thereon, may file in the office of the prothonotary of the county in which ister their tradesuch articles shall be manufactured, a description of the names used, and other private mark or marks to be branded or stamped thereon, and shall cause the same to be published, once a week, for six weeks successively, in a newspaper published in such county, and in the city of Philadelphia, where such publications shall be Publication. made for the same time, in two daily newspapers published in said
10. It is hereby declared to be unlawful for any person or persons, hereafter, Ibid. & 2. other than the lawful owner or owners, as mentioned and referred to in the first Rights in vessels section of this act, to fill with malt liquor or liquors, for any purpose whatever, or so marked. to use, traffic in, purchase, sell, dispose of, detain, convert, mutilate or destroy, or wilfully or unreasonably refuse to return or deliver to such owner, upon demand being made, any such butt, hogshead, barrel, half-barrel, cask, half-cask, quartercask or keg, so branded or stamped, or from which such brand or stamps have been removed, cut off, defaced or obliterated, or to remove, cut off, deface or obliterate, or to brand or stamp other brands or stamps, on the same, without the written permission of such original or lawful owner or owners thereof, or unless there shall have been a sale in express terms of any such article, exclusive of the malt liquor contained therein, to such person or persons, by said original or lawful owner or owners; any person so offending shall, upon conviction, be deemed guilty Penalty for violaof a misdemeanor, to be punished, for the first offence, by a fine of ten dollars for each and every such butt, hogshead, barrel, half-barrel, cask, half-cask, quartercask or keg, so filled and trafficked in, purchased, sold, disposed of, detained, converted, mutilated or destroyed, or not so delivered or returned ; and by a fine of twenty dollars, and by imprisonment in a county jail, for not less than one and not more than three months, for each and every subsequent offence; to be recovered in the same manner as fines are now recoverable, one-half for the use of the poor of the city or the county where such offence shall be committed, and one-half for the use of the officer who may arrest such offender. 11. Any such owner or owners, or the agent of such owner or owners, who shall
Ibid. $ 8.. make oath or affirmation before any justice of the peace, alderman or any magis- Justices may issue trate having jurisdiction in criminal matters, that he has reason to believe, setting search-warrants. forth the facts upon which such belief is founded, and does believe, that any of the above-named articles, belonging to him or them, so branded or stamped as aforesaid, or from which the brands or stamps have been cut off, removed, defaced or obliterated, or which have been mutilated or wilfully detained, after demand has been made by any person or persons manufacturing or selling malt liquors, or any other liquor or liquid, or that any junk or cask dealer, or any other person or persons whomsoever, shall have any of the articles above described, unlawfully as aforesaid, in his, her or their possession, or secreted on his, her or their premises, or in any other place under his, her or their control, the said magistrate shall, thereupon, on proof of such demand having been made, issue a search-warrant, directed to any constable or other proper officer, to search the premises of the offender or offenders, or said place where any such articles are alleged to be, particularly describing such premises or place; and if upon such search any such
Proceedings articles shall be found, to take possession of the same, and to bring the body of thereon. the person, in whose possession or control any such article may be found, before such magistrate, to be tried as for a misdemeanor, under the same regulations now provided by law for the trial of misdemeanor, and to be punished in the manner set forth in the second section of this act.
(n) The act 9 April 1870, P. L. 1068, and 5 May monwealth v. Farley, 6 C. C. 433. See the acts 25 1876, P. L. 110, were held to be unconstitutionalin Com- May 1871, P. L. 1177, and 5 May 1876, P. L. 109.
24 May 1857. 1. Whenever any township, borough or city is bounded by the nearest margin P. L. 203.
of any navigable stream of this commonwealth and the opposite township, borough The middle of a navigable stream or city, as the case may be, is also bounded by the nearest margin of the same between town stream, the middle of such stream shall be deemed and taken to be the boundary ships, boroughs or
' between such townships, boroughs or cities, as the case may be. cities, declared to be their boundary 2. The several courts of quarter sessions shall have authority within their reline. 3 June 1993 $ 1.
spective counties to cause disputed lines and boundaries between two or more P. L. 24.0" cities, boroughs or townships, cities and boroughs, townships and boroughs, or Quarter sessions
cities and townships, to be ascertained and established. to have authority 3. Upon application by petition to the court of quarter sessions for the purpose to ascertain dise
vies, of ascertaining and establishing disputed lines or boundaries between two or more puted boundaries.
Ibid. $ . cities, boroughs or townships, cities and boroughs, townships and boroughs, or To appoint view- cities and townships, the court shall appoint three impartial men, one of whom
shall be a competent surveyor who, after having given notice as directed by court, Notice and view.
shall view the said lines or boundaries; and it shall be the duty of the said commissioners so appointed, or any two of them, to make a plot or draft of the lines proposed to be ascertained and established, if the same cannot be fully designated by natural lines or boundaries, all of which they, or any two of them, shall report to the next court of quarter sessions, together with their opinion of the same, and at the term after that at which the report shall be made, the court shall take such order thereupon as to it shall be just and reasonable: Provided, That upon peti
tion a review may be ordered by said court: And provided further, That an appeal Appeal.
may be taken from the decision of said commissioners of view or review and the question of fact in dispute determined by a feigned issue to be framed by the court after the manner of framing feigned issues under existing laws, to be certi
fied to the court of common pleas of the proper county. Ibid $ 3. 4. That the commissioners so appointed shall each receive three dollars per day,
except the surveyor, who shall receive five dollars per day, and mileage at the rate Pay of commis
of ten cents per mile for every mile necessarily travelled, for each and every day sioners.
necessarily employed while in the performance of their duties, to be paid out of
the county funds. Ibid. $ 4. 5. That whenever a line is finally established by virtue of this act, the court Lines to be shall cause the same to be marked with stone monuments to be placed at intervals, marked with stone
ne not exceeding fifteen hundred feet from each other, the expense thereof to be monuments.
reasonable and to be first approved by the court, and to be borne equally by the Expenses.
municipalities interested, and the court shall compel the payment of the same according to law.
1. Soldiers, &c., may sue for bounty. Service of summons. Suit within three years.
June 1991. 1. Any soldier or sailor who re-enlisted while in the service or the United States P. L. 214. during the war of the rebellion and was accredited to any city, county, district,
il township, ward or borough in this commonwealth to fill the quota of men then or Soldiers and sailors who reenlisted afterwards called from the same, or when such soldier or sailor, by agreement made to fill quota may with any agent of such city, county, district, township, ward or borough or other sue for bounty offered.
person acting for the same, to assist in filling said quota, was to have been so accredited, on condition that the said soldier or sailor so reenlisting and being accredited or agreeing to be so accredited, should receive the city, county, district, township, ward or borough bounty then offered to veterans by such city, county, district, township, ward or borough; and where such city, county, district, township, ward or borough has failed to pay the amount of money then agreed upon, to any soldier or sailor (or his legal representatives), may now bring suit against such city, county, district, township, ward or borough in an action of assumpsit to recover
the amount of money which became due and payable by reason of such accredit or Service of sun
agreement to be accredited as aforesaid; and services of any summons in such action
8 June 1891.
P. L. 214.
now or hereafter to be brought, may be made upon the proper corporate authorities of such city, county, district, township, ward or borough, or the principal officer or officers of any board of school directors in any district in which any such soldier or sailor was accredited or agreed to be accredited, and when judgment shall be obtained in such action against such city, county, district, township, ward or borough, the collection thereof shall be enforced in the manner provided by existing laws Collection of judgfor collection of judgments or decrees against municipalities or school districts, and ment. the court shall decree the raising of the necessary funds for liquidating said judg- Liquidation of ments by the authorities which at the time undertook to raise the funds and repre
judgment. sented such city, county, district, township, ward or borough in filling the quota thereof; and in case of the change of the limits or division of any municipality or Change of limits district since such soldier or sailor was accredited or agreed to be accredited thereto, of municipality. it shall be lawful to join in such action the authorities as aforesaid, representing any part of such municipalities or districts at the time aforesaid by service of summons as aforesaid, and judgment may be entered against the municipalities or districts so summoned, and the court of common pleas of any county may decree the payment by each municipality or district so joined and against which judgment may be obtained, its pro rata share of such debt, according to the last preceding adjusted valuation of the portions which constituted the said municipalities or districts when such soldier or sailor was accredited or agreed to be accredited: Provided, Interest shall not That no interest shall be recovered in any action brought under this act. Any law be recovered. or limitation of time within which actions might be commenced, shall be no bar to Limitation no bar. the commencement or prosecution of the action hereinbefore provided : but any Must be brought suit for the recovery of the money claimed to be due must be brought within three within three years. years from the date of the approval of this act.(0)
BOURSES AND EXCHANGES.
1. Corporations may be created for the erection of a bourse or exchange hall. Capital stock.
2. Corporations to file certiticate with secretary of the commonwealth.
3. Tax on capital stock.
P. L. 417.
1. In addition to the corporations for profit of the second class authorized to be 10 June 1693 $ 1. created by the second section of an act, entitled “ An act to provide for the incorporation and regulation of certain corporations," approved April twenty-ninth, one Corporations may thousand eight hundred and seventy-four, corporations may be created for the be created for the purpose of erecting and maintaining a bourse or exchange hall or other building, purpose oferueting to be used in whole or in part as a bourse or exchange hall, or as a meeting place a bourse or exfor merchants or other business men, or for the exhibition of manufactured articles change hall. or natural products, and such corporations shall be governed as to the amount of their capital stock and as to the par value of the shares thereof, as may be provided Capital stock. by the aforesaid act and the several supplements thereto.
2. Any corporation incorporated under the provisions of this act, or any corpora- Ibid. § 2. tion heretofore incorporated, for the purchase and sale of real estate, or for holding,
Corporations to leasing and selling real estate, and accepting the provisions of this act, shall file in file certificate with the office of the secretary of the commonwealth a certificate specifying the date of secretary of the incorporation and the act of assembly under which they were incorporated, and the commonwealth. lot or building or the part or parts thereof to be used as a bourse or exchange hall, or for an exhibition hall for the display of manufactured articles or natural products, and the value thereof, and what proportion the value of the real estate used as a bourse or exchange hall or for an exhibition hall for the display of manufactured articles or natural products bears to the entire capital stock of such corporation, and upon such proportion of their capital stock, corporations incorporated what proportion under this act or heretofore incorporated for the purchase and sale of real estate or
of capital stock
shall be exempt for holding, leasing and selling real estate and accepting the provisions of this act from taxation. shall be exempt from taxation.
3. In assessing the tax upon the capital stock of corporations accepting the pro- Ibid. $ 3. visions of this act as provided in the second section thereof, that part of the
Tax upon capital capital stock of the corporation exempt from taxation shall bear the same propor- stock. tion to its whole capital stock as the value of the real estate occupied as such bourse or exchange hall or exhibition hall for the display of manufactured articles or natural products bear to the entire capital stock of such corporations.
Ibid. § 4. 4. It shall be the duty of the auditor-general to determine what part of the capital stock of such corporations shall be exempt from taxation, and from his Deuty of auditor
(0) The act of 8 May 1889, P. L. 123, of which the as violating art. 3, § 21 of the constitution, that no act above act is an amendment, was hell to be unconsti- shall prescribe any limitation of time within which Intional as a local act, not applying to cities, in suits may be brought against corporations different Pearce v. Township, 27 W. N. C. 211; and the act of from the limitation tixer in actions against natural 8 June 1891 in the text was held to be unconstitutional, persons. Cole v. Township, 13 C. C. 519.