CATTLE.

See AGRICULTURE; COMMON CARRIERS.

1. Diseased cattle not to be disposed of.

2. Taking up of diseased cattle.

3. Punishment of offenders.

4. Prevention of the spread of pleuro-pneumonia.

12 April 1866 § 1. P. L. 101.

Diseased cattle not to be disposed of.

Ibid. § 2.

Taking up of diseased cattle.

Ibid. § 3. Punishment of offenders.

1 May 1879 § 1. P. L. 38. Prevention of the

1. It shall not be lawful for any person who may own any cattle or sheep, affected by the disease known as the pleuro-pneumonia, or other contagious or infectious disease, to sell or otherwise dispose of any cattle, either alive or slaughtered, from the premises where such disease is known to exist, nor for a period of two months after such disease shall have disappeared from said premises.

2. No cattle or sheep shall be allowed to run at large in any township or borough where any contagious disease prevails; and the constables of such townships are hereby authorized and required to take up and confine any cattle so found running at large, until called for, and until all costs are paid; and in townships where there are no constables, it shall be the duty of the township clerk to perform this service; and the said officers shall be entitled to receive one dollar for each head of cattle so taken up; and any officer who shall refuse to perform the duties of this act shall be liable to a fine of ten dollars.

3. Any person offending against the provisions of the first section of this act shall be guilty of a misdemeanor, and upon conviction, be sentenced to pay a fine not exceeding five hundred dollars, or undergo an imprisonment not exceeding six months.

4. Whenever it shall be brought to the notice of the governor of this state, that the disease known as contagious or infectious pleuro-pneumonia exists among the spread of pleuro- cattle in any of the counties in this state, it shall be his duty to take measures to promptly suppress the disease and prevent it from spreading.

pneumonia.

Ibid. § 2. Powers of the governor.

Ibid. § 3. Payment of expenses.

Animals that have not to be subject

been examined,

to the act.

19 May 1887. P. L. 130.

5. For such purpose, the governor shall have power, and he is hereby authorized, to issue his proclamation, stating that the said infectious or contagious disease exists in any county or counties of the state, and warning all persons to seclude all animals in their possession that are affected with such disease, or have been exposed to the infection or contagion thereof, and ordering all persons to take such precautions against the spreading of such disease as the nature thereof may, in his judgment, render necessary or expedient; to order that any premises, farm or farms, where such disease exists, or has existed, be put in quarantine, so that no domestic animal be removed from said places so quarantined; and to prescribe such regulations as he may judge necessary or expedient to prevent infection or contagion being communicated in any way from the places so quarantined; to call upon all sheriffs and deputy-sheriffs to carry out and enforce the provisions of such proclamations, orders and regulations, and it shall be the duty of all the sheriffs and deputy-sheriffs to obey and observe all orders and instructions which they may receive from the governor in the premises; to employ such and so many medical and veterinary practitioners, and such other persons as he may from time to time deem necessary, to assist him in performing his duty as set forth in the first section of this act, and to fix their compensation; to order all or any animals coming into the state to be detained at any place or places for the purpose of inspection and examination; to prescribe regulations for the destruction of animals affected with the said infectious or contagious disease, and for the proper disposition of their hides and carcasses, and of all objects which might convey infection or contagion (provided that no animal shall be destroyed, unless first examined by a medical or veterinary practitioner in the employ of the governor as aforesaid); to prescribe regulations for the disinfection of all premises, buildings and railway cars, and of objects from or by which infection or contagion may take place or be conveyed; to alter and modify, from time to time, as he may deem expedient, the terms of all such proclamations, orders and regulations, and to cancel or withdraw the same at any time.

6. All the necessary expenses incurred under direction or by authority of the governor in carrying out the provisions of this act, shall be paid by the treasurer, upon the warrant of the auditor-general, on being certified as correct by the governor: Provided, That animals coming from a neighboring state that have passed a veterinary examination in said state and have been quarantined and discharged, shall not be subject to the provisions of this act.

7. Every person who, by false pretence, shall obtain from any club, association, society or company for improving the breed of cattle, horses, sheep, swine or other domestic animals, the registration of any animal in the herd register, or other register of any such club, association, society or company, or a transfer of any such

19 May 1887. P. L. 130. Obtaining the reg

registration, and every person who shall knowingly give a false pedigree of any animal, upon conviction thereof, shall be punished by imprisonment in a county jail for a term not exceeding one year, or by fine not exceeding one thousand istration of cattle, dollars, or by both such fine and imprisonment.

horses, &c., or the giving of a false pedigree.

6 Jan. 1821 § 1.

7 Sm. 341.

precepts for taking

sworn.

sioners.

1. The commissioners of the several counties of this commonwealth shall on or before the first day of November next, and on or before the first day of November in every seventh year thereafter, issue their precepts to the respective township, County commisward or district assessors, requiring them within thirty days after the date of such sioners to issue precept, to make out two complete lists, in alphabetical order, containing a just the census every and true account of the names, surnames and occupations of every taxable person seventh year. of the age of twenty-one years and upwards, whether male or female, resident within their respective township, ward or district. *** And the commissioners and Commissioners assessors shall respectively take an oath or affirmation before some judge or justice and assessors to be of the peace of their respective city or county, who is hereby empowered and required to administer the same, previous to their entering on the duties by this act required. The oath or affirmation of the commissioners shall be: "I, A. B., do Oath of commissolemnly swear (or affirm, as the case may be), that I will well and truly make, or cause to be made, a careful and accurate return of all the taxable inhabitants [and slaves] actually residing within county, and return the same to the governor of this commonwealth, agreeably to the directions of an act of the general assembly of this commonwealth, entitled An act to provide for the enumeration of the taxable inhabitants and slaves within this commonwealth,' according to the best of my ability." The oath or affirmation Oath of assessor. of the assessor shall be: “I, A. B., do solemnly swear (or affirm, as the case may be), that I will make a careful and accurate enumeration of all the taxable inhabitants [and slaves] actually residing within the district assigned to me, and make due return thereof to the commissioners of the said county agreeably to the directions of the act of the general assembly of this commonwealth, entitled An act to provide for the enumeration of the taxable inhabitants and slaves within this commonwealth, according to the best of my ability." And in case of the absence or inability of the person or persons authorized by this Commissioners to act to take the enumeration aforesaid, the commissioners of the proper county shall appoint in case of absence or inability appoint a suitable person or persons for that purpose. of assessors.

2. It shall be the duty of the assessors, or other officers employed in executing 26 March 1821 § 1. the provisions of the act to which this is a supplement, at the same time, to make 7 Sm. 393. out a separate list of the deaf and dumb persons, if any, resident in their respective Separate enumeratownships, towns, wards or districts, distinguishing their sexes, color, and, as nearly tion to be made of as may be, their several ages, and the commissioners of the several counties shall the deaf and dumb. make return thereof to the governor pursuant to the provisions of the 2d section of the act to which this is a supplement.

P. L. 328.

3. It shall be the duty of the assessor or other officers employed in executing the 31 March 1836 § 2. provisions of an act entitled "An act to provide for the enumeration of the taxable inhabitants and slaves within this commonwealth," and the supplement thereto, And of the blind. at the same time to make out a separate list of the blind persons, if any, resident in their respective townships, towns, wards or districts, distinguishing their sexes, color, and, as nearly as may be, their several ages; and it shall be the duty of the commissioners of the several counties to make returns thereof to the governor, pursuant to the provisions of the 2d section of the act, the title of which is recited in this section.

4. The commissioners respectively on their receiving the returns of their respec- 6 Jan. 1821 § 2. tive assessors, or other person appointed and authorized to do the duty of assessor, 7 Sm. 342. are hereby required carefully to examine said lists, comparing them with former Assessors' returns duplicate lists of the respective townships, wards or districts, or any other means with former lists.

to be compared

6 Jan. 1821 § 2.

7 Sm. 342.

Errors to be certi

fied.

Duplicates of returns and certifi

cates to be transmitted to the

by which they may ascertain their correctness, and on the discovery of any error or omission they are hereby required to certify the nature and extent of the same, with the probable cause thereof, under their hands and seals of office, and on or before the first Tuesday in December next ensuing, transmit to the governor under their respective hands and seals of office, duplicates of the several returns received by them as aforesaid, with the said certificates; which returns and certificates the governor shall lay before the general assembly then in session; and the said commissioners wilfully or negligently failing to file the returns, or knowingly making a false return of his or their assessors or any of them, or other person by them appointed to perform the duties enjoined upon the assessors, or wilfully or negligently failing to return, under their respective hands and seals of office, the duplicates and certificates aforesaid, with the aggregate amount of the taxable inhabitants and slaves as aforesaid actually resident within their respective counties and the city of Philadelphia, to the governor, within the time limited by this act, shall, for every Penalties, how re- such offence, forfeit the sum of three hundred dollars: all which forfeitures shall be

governor, and laid

before the legislature.

coverable.

Ibid. § 3. Copies of returns to be filed in the

quarter sessions.

Ibid. § 4. Compensation of

assessors.

Ibid. § 5.

Penalty for neglect of duties by as

sessors.

Ibid. § 6.

recoverable in the proper courts of the respective counties where the offences shall have been committed, by action of debt or by indictment, the one-half thereof to the use of the commonwealth, and the other half to the prosecutor or person who shall sue for the same, but where the prosecution shall be first instituted in behalf of the commonwealth, the whole forfeiture shall accrue to its use.

5. The said commissioners, as soon as the township or ward returns have been made to them, shall deliver one copy of all such returns to the clerks of the quarter sessions of their respective counties, who shall receive and file them in their offices respectively, for the use of the court or grand jury, on any trial for delinquency in any duty enjoined by this act.

6. For any duties the assessors or other person authorized to do the duties of assessor may be subjected to, in addition to the duties enjoined upon them by the law entitled "An act to raise and collect county rates and levies," the commissioners shall make such compensation as to them may appear reasonable, which shall be paid out of the county stock of the respective counties.

7. If any assessor or other person appointed to perform the duties of assessor, shall wilfully or negligently fail in performing the duties enjoined upon him by this act, or under color of performing such duties, shall make a false return to the commissioners, he shall forfeit and pay the sum of one hundred dollars, to be recovered and applied agreeably to the provisions contained in the 2d section of this

act.

8. No prosecution for any delinquency or offence against this act shall be instiLimitation of pros- tuted after twelve months from and after the cause thereof shall have happened.

ecutions.

CERTIORARI.

See ERRORS AND APPEALS; LANDLORD AND TENANT.

CESSPOOLS.

See BOROUGH; CRIMES; MUNICIPAL CORPORATIONS.

CHALLENGES.

See CRIMINAL PROCEDURE; JURIES.

CHARGE OF THE COURT.

See OPINIONS AND CHARGES.

CHARITIES.

See RELIGIOUS SOCIETIES; TAXES.

I. BOARD OF PUBLIC CHARITIES.

1. Board of public charities erected. ment of commissioners.

Appoint

2. Oath of office. General agent. Regulations. 3. Meetings of the board.

4. When commissioners to be deemed to have resigned.

5. Additional commissioners to be appointed. Quorum.

6. Tenure of general agent. His duties. Compensation.

7. Powers of the board of commissioners.

8. To visit charitable and correctional institutions. 9. Prisons and almshouses.

10. Annual reports to be made to the board. Applications for state aid.

11. Duties of agent, on application for state aid. 12. Power to administer oaths.

13. Members not to be interested in contracts. 14. To make annual reports.

15. Inspectors, sheriffs and jailers to report to board of public charities. How records to be kept. 16. Returns to board of charities. Penalty.

17. Overseers and directors of the poor to keep

certain records. And make returns thereof.

18. Plans of prisons and almshouses to be submitted to the board. Copies to be filed. 19. Clerks may be employed.

20. Appointment of visitors. Penalty for obstructing visitors.

21. Removal of insane to state institutions. Ex

penses.

II. REGULATION OF CHARITIES.

22. Trust in favor of a charity not to fail, in certain cases. Courts to carry into effect the intent of the donor. When gift to be subject to control of the legislature.

23. Distribution on failure of testamentary devise. 24. When trusts not to fail. Court may supply trustees and carry out intent.

25. Restriction as to amount of property to be held by unincorporated associations.

26. What amount may be so held. How ascertained. Bona fide purchaser.

27. Amount limited to the yearly value of thirty thousand dollars.

28. Corporations may hold real estate for charitable purposes. To be sold in five years.

29. Court may extend amount of property to be held.

30. Restriction on accumulation of interest. 31. Accounts to be kept of money accruing to the state treasury.

32. Gifts to charities within one month of donor's decease to be void.

33. Gifts to charities to be subject to this act. 34. Property aliened in mortmain to escheat. 35. Duties of auditor-general.

36. Soldiers' orphans' schools may hold real estate. 37. Charitable institutions may invest in ground

rents.

38. Purchase of real estate at judicial sales. 39. Corporations receiving state aid to make quarterly settlements with the auditor-general.

40. How wages may be appropriated to charitable purposes.

41. Doctrine of cy-pres established.

42. Funds of subordinate societies to be trust property, Distribution prohibited.

43. Corporations for charitable uses may vest trust property in trustees. When so conveyed, not to be liable for debts.

44. Trustees and officers of charitable corporations to be personally liable for debts contracted in the improvement of the property by building thereon. 45. Governor may appoint special policemen. 46. Acceptance to be filed and recorded.

47. Powers of policemen. Duty of keepers of jails. 48. Shield to be worn.

49. Compensation.

50. Discharge by association.

51. Governor may decline to appoint or may revoke.

I. Board of public charities.

P. L. 90.

1. The governor, with the advice and consent of the senate, shall, as soon as 24 April 1869 § 1. practicable after the passage of this act, appoint five commissioners, who, together with the general agent and secretary hereinafter mentioned, shall constitute a Board of public board of public charities; one of the persons so appointed shall hold office for one charities erected. year, one for two years, one for three years, one for four years and one for five years, unless sooner removed: appointments to fill vacancies caused by death, resignation or removal before the expiration of terms, may be made for the residue Appointment of of such terms, by the governor, subject to the consent of the senate, and all appointments to fill vacancies caused by expiration of terms shall be made in the same manner, and shall be for the period of five years each. (1)

commissioners.

Ibid. § 2.

Oath of office.

2. The commissioners, before entering upon their duties, shall respectively take and subscribe the oath required of other state officers, which shall be filed in the office of the secretary of the commonwealth, who is hereby authorized and directed to administer said oath; they shall have power to elect a president out of their own number, to appoint a general agent and secretary, and to adopt such regulations General agent. for the transaction of the business of the board and the management of its affairs Regulations. as they may deem expedient.

Ibid. § 3.

3. The said board shall be provided with a suitable room in the state capitol, in which it shall hold its meetings, and it shall meet therein at least once in every Meetings of the three months; the time for such regular meetings to be fixed at the time of its board. organization; the commissioners shall receive no compensation for their services but their actual travelling and other necessary expenses, which shall be paid by the state treasurer, upon the certificate of the auditor-general.

4. Any of the commissioners appointed under the provisions of an act, entitled 9 April 1878 § 1. "An act to create a board of public charities," approved the 24th day of April,

(1) Three additional members to be appointed: see tit. "Lunatic Asylums."

P. L. 68.

P. L. 68.

When commis

9 April 1878 § 1. Anno Domini 1869, who has heretofore or hereafter shall refuse or neglect, for the space of six months, to discharge the duties of his office, and such failure has been duly certified by the president or secretary of the board to the governor, he shall be deemed to have resigned, and the governor, by and with the advice and consent of the senate, shall appoint a commissioner for the unexpired term of the commissioner so removed.

sioners to be

deemed to have resigned.

9 April 1878 § 2.

Additional commissioners to be appointed.

Quorum,

24 April 1869 § 4. P. L. 90.

agent.

His duties.

5. The governor shall, by and with the advice and consent of the senate, as soon as practicable after the passage of this act, appoint two additional commissioners, who, together with the five heretofore appointed, and the general agent and secretary, shall constitute the board of public charities; one of those thus appointed, to hold office for the term of four years from the first day of December, Anno Domini 1872, and the other for the term of five years from the said first day of December, Anno Domini 1872: Provided, That the president and any two members of said board shall constitute a quorum for the transaction of business.

6. The general agent and secretary of the board of public charities shall hold his office for three years, unless sooner removed; he shall be a member of the Tenure of general board ex officio, and it shall be his duty, subject to the control and direction of said board, to keep a correct record of its proceedings, perform such clerical services as it may require, oversee and conduct its out-door business, visit all charitable and correctional institutions in the state at least once in each year, except as hereinafter provided, and as much oftener as the board may direct, examine the returns of the several cities, counties, wards, boroughs and townships in relation to the support of paupers therein, and in relation to births, deaths and marriages; and he shall prepare a series of interrogatories, with the necessary accompanying blanks, to the several institutions of charity, reform and correction in the state, and to those having charge of the poor in the several counties thereof, or any subdivision of the same, with a view to illustrate, in his annual report, the causes and best treatment of pauperism, crime, disease and insanity; he shall also arrange and publish in his said report all desirable information concerning the industrial and material interests of the commonwealth bearing upon these subjects, and shall have free access to all reports and returns now required by law to be made; and he may also propose such general investigations as he may think best for the approval of the board. He shall be paid annually the sum of three thousand dollars and his actual travelling expenses.

Compensation.

Ibid. § 5. Powers of the

sioners.

7. The said commissioners shall have full power, either by themselves or the general agent, at all times, to look into and examine the condition of all charitable, board of commis- reformatory or correctional institutions within the state, financially and otherwise, to inquire and examine into their methods of instruction, the government and management of their inmates, the official.conduct of trustees, directors and other officers and employés of the same, the condition of the buildings, grounds and other property connected therewith, and into all other matters pertaining to their usefulness and good management; and for these purposes they shall have free access to the grounds, buildings and all books and papers relating to said institutions; and all persons now or hereafter connected with the same are hereby directed and required to give such information and afford such facilities for inspection as the said commissioners may require; and any neglect or refusal on the part of any officer or person connected with such institution to comply with any of the requirements of this act, shall subject the offender to a penalty of one hundred dollars, to be sued for and collected by the general agent, in the name of the board.

Ibid. § 6.

To visit charitable and correctional institutions.

Ibid. § 7. Prisons and almshouses.

Ibid. § 8.

Annual reports to be made to the board.

8. The said commissioners, by themselves or their general agent, are hereby authorized and required, at least once in each year, to visit all the charitable and correctional institutions of the state receiving state aid, and ascertain whether the moneys appropriated for their aid are or have been economically and judiciously expended; whether the objects of the several institutions are accomplished; whether the laws in relation to them are fully complied with; whether all parts of the state are equally benefited by them, and the various other matters referred to in the fifth section of this act; and in their annual report to the legislature, to embody the result of their investigations, together with such other information and recommendations as they may deem proper.

9. The said board shall also require their general agent, at least once in every two years, to visit and examine into the condition of each of the city and county jails or prisons and alms or poor houses, and shall possess all the powers relative thereto, mentioned in the fifth section of this act, and shall report to the legislature the result of the examination, in connection with the annual report authorized by

this act.

10. It shall be the duty of all persons having charge or oversight over the poor in any city or county of this state, or in any subdivision thereof, and all persons having charge or control of county jails or prisons or workhouses, and of all other persons having charge or control over any other charitable, reformatory or correctional institution, not now by law required to make an annual report of the condition of the same, to make report, annually, to the said general agent, at such time and in such manner as he shall prescribe, of such facts and statements concerning