paper.

83. If any person shall make, engrave or prepare, or cause to be made, engraved 31 March 1860 § 165. or prepared, or shall have in his custody or possession, any metallic or other plate P. L. 422. or substance, either made, engraved or prepared after the similitude of any plate Having possession from which any notes or bills issued by any of the said banks shall have been of plates, bankprinted or taken, or wherefrom and by means whereof notes or bills may be made, notes or bank-note engraved or prepared after the similitude of notes or bills issued by any such bank, with intent to use such plate or substance, or to cause or suffer the same to be used, in forging or counterfeiting any of the notes or bills issued by any of the said banks; or shall have in his custody or possession any note or notes, or blank note or notes, bill or bills, made, engraved, printed or otherwise prepared, after the similitude of any notes or bills issued by either of the said banks, with intent to pass, utter and publish such simulated notes, or to use such blanks, or cause or suffer the same to be used, in forging or counterfeiting any of the notes or bills issued by the said banks, or either of them; or shall have in his custody or possession any paper adapted to the making of bank notes or bills, and similar to the paper upon which any of the notes or bills of either of the said banks shall have been issued, with intent to use such paper, or cause or suffer the same to be used, in forging or counterfeiting any of the notes or bills issued by either of the said banks; such offender shall be guilty of felony, and be sentenced to pay a fine, not exceeding one thousand dollars, and undergo an imprisonment, by separate or solitary confinement at labor, not exceeding five years.

Ibid. § 166. Connecting parts

81. If any person shall fraudulently connect different parts of several bank-notes, or other instruments, in such a manner as to produce one or more additional notes or instruments, with intent to pass or utter all or any thereof as genuine, or shall of notes so as to utter, publish or pass the same, or either of them, with the intent to defraud any produce more. person or body corporate, the said offence shall be deemed forgery or fraudulent uttering and publishing, in like manner, as if each of them had been falsely made, forged or counterfeited, and shall be punished accordingly.(r)

Ibid. § 167. Having possession

85. If any person shall have in his possession or under his custody, at the same time, ten or more similar false, forged, altered or counterfeited bank bills or notes, knowing the same to be false, forged, counterfeited or altered, with intent to utter of more than ten or pass the same as true or genuine, or to sell the same, and thereby injure and forged notes with defraud, or cause to injure and defraud, such offender shall, on conviction, be sen- intent to defraud. tenced as in cases of forgery or fraudulently uttering and passing such notes.

Ibid. § 168.

fictitious banks.

86. If any person shall fraudulently utter or pass any note or bill purporting to be the note or bill of a bank, company or association which never did in fact legally exist, knowing that the bank, company or association purporting to have issued the Passing notes of same never did legally exist, such offender shall, on conviction, be sentenced as in cases of uttering and publishing forged and counterfeited bank-notes, knowing the same to be forged.

(3.) Counterfeiting national currency.

state courts.

87. The falsely making, forging, altering or counterfeiting, or assisting or pro- 7 Jan. 1867 § 1. P. L. 1869. curing the same to be done, or passing, uttering and publishing, or attempting to pass, utter or publish, any false, forged or counterfeit note, bill or check, or selling, Forgery of national uttering and delivering, or procuring the same to be done, or making, engraving currency to be or preparing, or having in possession, with intent to use, any plate from which punishable in the any counterfeit note may be printed, or having in possession any forged, counterfeited or altered notes, or paper adapted to the making of bank-notes with intent to use, or suffer to be used, in forging or counterfeiting, or fraudulently connecting different parts of any notes, with intent to fraudulently pass the same, or having in possession ten or more similar false, forged, altered and counterfeit notes, with intent to sell or pass the same, of any notes issued by the United States, or under the authority thereof, or any postage currency, issued by the same, or under any law of congress, or the notes of any bank or association, created, chartered or incorporated under any law of congress, shall, to all intents and purposes, come within the provisions of the 164th, 165th, 166th and 167th sections of the act to which this is a supplement, passed on the 31st day of March 1860, as fully, to all intents and purposes, as if said notes, currency, banks and associations had been specially named or described in said sections, and shall constitute the same offence, and be punished in like manner, as if therein particularly named and described.

Ibid. § 2. Forgery of national

88. If any person shall, falsely and fraudulently, make, forge or counterfeit, or cause or procure, or willingly aid or assist, in making, forging, counterfeiting or altering, any coupon or other instrument of writing for the payment of money, and state bonds, purporting to be attached to, or form part of any bond or obligation, issued by the &c., punished.

A clause has been introduced against "the preparing any metallic, or other plate, after the similitude of any plate from which notes or bills issued by any bank shall have been printed or taken." This is intended to cover forgeries by means of photographic plates of any kind. Report on the Penal Code 35.

(r) Sections 166, 167 and 168 are new; their meaning and object are sufficiently clear, without additional comment, and in our opinion, the necessity for their introduction into our penal code is sufficiently manifest. Report on the Penal Code 36.

United States, by this or any other state or territory, or any municipal or other corporation, company or individual; or shall pass, utter, publish, or attempt to pass, utter or publish, as true and genuine, any false, forged or counterfeited coupon, or other instrument of the form and similitude thereof, as aforesaid, knowing the same to be false, forged or counterfeit, with intent to defraud any person, company or corporation whatever, or the United States, or this or any other state or territory; or shall sell, utter or deliver, or cause to be sold, uttered or delivered, any such false, forged or counterfeit coupon, or other instrument as aforesaid, knowing the same to be such; or if any person shall have in his or her possession, or under his or her control, ten or more false, forged, counterfeited or altered coupons, or other instruments of writing purporting to be issued as aforesaid, knowing the same to be false, forged, counterfeited or altered, with intent to utter, pass or sell the same, and thereby to injure and defraud, or cause to be injured and defrauded, as aforesaid; such offender shall be guilty of felony, and on conviction, shall be sentenced to pay a fine, not exceeding one thousand dollars, and undergo an imprisonment, by separate or solitary confinement at labor, not exceeding five years.

89. If any person shall make, engrave or prepare, or cause or procure to be made, engraved or prepared, or have in his custody or possession, any plate or substance, made or prepared, after the similitude of any plate or substance, from which any bond, note, coupon or other instrument, issued by the United States, or this or any other state or territory, or any corporation, company or individual, shall have been printed or taken, or wherefrom or by means whereof bonds, notes, coupons or other instruments for the payment of money, may be made, printed or prepared, after the similitude of such bonds, notes, coupons or other instruments issued as aforesaid, with intent to use such plate or substance, or cause or suffer the same to be used, in forging or counterfeiting any of the instruments aforesaid: or shall have in his or her possession or custody, any paper adapted to the making of any such bonds, notes, coupons or other instruments, similar to the paper on which said obligations or evidences of debt shall have been issued, with intent to use such paper, or suffer the same to be used, in forging or counterfeiting such instruments; such offender shall be guilty of felony, and on conviction, sentenced to pay a fine, not exceeding one thousand dollars, and be imprisoned, by separate or solitary confinement at labor, not exceeding five years.(s)

(4.) Advertising counterfeit money.

90. Any person who prints, writes, utters, publishes, sells, lends, gives away, circulates or distributes, or has in his possession with intent to publish, sell, lend, give away, circulate or distribute any letter, writing, circular, paper, pamphlet, handbill or any other written or printed matter advertising, offering or purporting to advertise or offer for sale, loan, exchange, gift or distribution, or to furnish, procure or distribute any counterfeit coin, paper money, internal revenue stamp, postage stamp or any other token of value, or what purports to be counterfeit coin, paper money, internal revenue stamp, postage stamp or any token of value, or giving or purporting to give, either directly or indirectly, information where, how, of whom, or by what means, any counterfeit coin, paper money, internal revenue stamp or postage stamp, or token of value, can be procured or had, or what purports to be counterfeit money, paper money, internal revenue stamp, postage stamp or other token of value can be procured or had, or whoever shall aid, assist or abet in any manner in any scheme or device whatsoever, offering or purporting to offer for sale, loan, gift, exchange or distribution, any counterfeit coin, paper money, internal revenue stamp, postage stamp or other token of value, whether called green articles," "queer coin,' paper goods," bills," "spurious treasury notes," "United States goods," "green paper goods,” "business that is not legitimate," "cigars," "green cigars," or by any other name or title, or any other device, shall be guilty of a felony, and on conviction shall be punished by imprisonment for not more than five years, and by a fine of not more than one thousand dollars, for each offence.

66

91. Whoever, for executing, operating, promoting, carrying on, or in the aiding, assisting or abetting in the promoting, operating or carrying on, or executing of any scheme or device whatsoever to defraud, by use or means of any papers, writings, letters, circulars or written or printed matters, concerning the offering for sale, loan, gift, distribution or exchange of counterfeit coin, paper money, internal revenue stamps, postage stamps or other token of value, as provided in section one of this act, shall use any fictitious, false or assumed name or address other than his own right, proper and lawful name, or whoever, in the executing, operating, promoting, carrying on, aiding, assisting or abetting in the execution, promoting or carrying on of any scheme or device, offering for sale, loan, gift or distribution, or purporting to offer for sale, loan, gift, or distri

(s) This act is unconstitutional, so far as it undertakes to confer jurisdiction upon the state courts, to punish the passage of altered national currency. Commonwealth v. Dale, 3 C. C. 30.

mails in such

bution, or giving or purporting to give information, directly or indirectly, where, 8 May 1889 § 2. how, of whom or by what means, any counterfeit coin, paper money, internal P. L. 127. revenue stamp, postage stamp or other token of value can be had, or who shall Receiving letter knowingly receive or take from the mails of the United States any letter or or package from package addressed to any such fictitious, false or assumed name or address, or name or address. name other than his own right, proper or lawful name, shall be guilty of a felony, and on conviction, shall be punished by imprisonment for not more than five Penalty. years, and by a fine of not more than two thousand dollars. Ibid. § 3.

fraudulent char

92. Any letter, circular, writing or paper, offering or purporting to offer for sale, loan, gift or distribution, or giving or purporting to give information, Letters, circulars, directly or indirectly, where, how, of whom or by what means, any counterfeit &c., evidence of coin, paper money, internal revenue stamp, postage stamp or token of value may acter of scheme. be obtained or had, or concerning any similar scheme or device to defraud the public, whether such article, matter or thing is called " green articles," "bills," "business that is not legitimate," "spurious treasury notes," "United States goods," "green paper goods," "cigars," green cigars," or by any other name, device or title of a similar character, shall be deemed presumptive proof of the fraudulent character of such scheme.

93. That this act shall take effect immediately.

(5.) Counterfeiting public brands.

Ibid. § 4.

Act to take effect.

P. L. 422.

94. If any person shall counterfeit or fraudulently impress the brand-mark or 31 May 1860 § 172. any number or mark of any public inspector, or mark or number in imitation thereof, upon any article subject to inspection, or upon any cask or vessel contain- Counterfeiting ing such article, or shall counterfeit the stamp of any such inspector upon any public brands punished. plug, or shall fraudulently stamp any plug into any cask, or shall fraudulently alter, deface, conceal or erase any inspection-mark duly made; or if any person shall counterfeit or fraudulently impress upon any article liable to inspection, or upon any cask or vessel containing such article, the brand-mark or other mark of any miller, manufacturer, packer or other person, or shall fraudulently alter, deface or erase any such mark, or shall fraudulently impress the brand-mark or other mark of any person upon such article or vessel; the person so offending shall be guilty of a misdemeanor, and be sentenced to pay a fine, not exceeding two hundred dollars, and undergo an imprisonment, not exceeding one year, or both, or either, at the discretion of the court. (t)

(6.) Professional counterfeiters.

95. The provisions of an act, entitled "An act to authorize the arrest of professional thieves, burglars, et cetera, in the city of Philadelphia," approved the 13th day of March 1862, be and the same are hereby extended to authorize the arrest and commitment of professional counterfeiters and forgers.

XXII. Cruelty to animals.

13 April 1867 § 1.

P. L. 1230.

Summary conviction of professional counterfeiters, in Philadelphia.

P. L. 416.

96. Every person who shall, wilfully and maliciously, kill, maim or disfigure 31 March 1860 § 154. any horses, cattle or other domestic animals of another person, or shall, wilfully and maliciously, administer poison to any such beasts, or expose any poisonous Killing, maiming substance, with the intent that the same should be taken or swallowed by them, or wounding shall be guilty of a misdemeanor, and being thereof convicted, shall be sentenced to pay a fine, not exceeding five hundred dollars, and to undergo an imprisonment, by separate or solitary confinement at labor, not exceeding three years. (u)

cattle.

P. L. 395.

97. If any person shall wantonly and cruelly beat, torture, kill or maim any 31 March 1860 § 46. horse or other domestic animal, whether belonging to himself or another, every such person so offending shall be guilty of a misdemeanor, and on conviction, be Cruelty to animals sentenced to pay a fine, not exceeding two hundred dollars, or undergo an imprison- punished. ment, not exceeding one year, or both, or either, at the discretion of the court.(v)

P. L. 22.

98. Any person who shall, within this commonwealth, wantonly or cruelly ill- 29 March 1869 § 1. treat, overload, beat or otherwise abuse any animal, (w) whether belonging to him-self or otherwise, or shall keep or use, or in any way be connected with, or summary convicinterested in the management of, or shall receive money for the admission of any tions. person to any place kept or used for the purpose of fighting or baiting any bull, bear, dog, cock or other creature, and every person who shall encourage, aid or

(t) This section is a consolidation of the 198th and 200th sections of the act of 15 April 1835, P. L. 422-3. Report on the Penal Code 36. See Cloud v. Hewitt, 3 Cranch C. C. 199.

(u) This section is new to our statute law, and is now punishable in the same way by the common law. Report on the Penal Code 35.

() This crime, so revolting to humanity, is now punishable at common law. It is introduced in the code, with a view to its completeness, and with the expectation that, being found in the written law, it

may serve to admonish against and restrain its perpetration. Report on the Penal Code 20. See People v. Tinsdale, 10 Abb. Pr. (N. S.) 374. People v. Brunell, 48 How. Pr. 435. Cock-fighting is not indictable under this action. Morrow's Case, 26 Pitts. L. J. 86. See infra 98.

(w) The mere killing of a pigeon liberated from a trap in a pigeon-shooting contest, is not cruelty to animals under this act. Commonwealth v. Lewis, 140 P. S. 261.

P. L. 22.

Penalty.

Commitment in default of payment.

29 March 1869 § 1. assist therein, or who shall permit or suffer any place to be so kept or used, shall be deemed guilty of a misdemeanor, and on being convicted thereof, before any alderman or magistrate, shall be fined by the said alderman or magistrate, for the first offence, in a sum not less than ten dollars nor more than twenty dollars, and for the second and every subsequent offence, in a sum not less than twenty nor exceeding fifty dollars, to be paid, one-half to the informer (who shall be a competent witness notwithstanding such interest), and the other half to the county where the offence may be committed; (x) and if said fine or penalty and the costs of the proceedings be not paid, then said alderman or magistrate shall commit said offender to the county prison, there to remain until discharged by due course of law: Provided, That when the fine imposed exceeds the sum of ten dollars, the party complained against may appeal from the decision of said alderman or magistrate to the court of quarter sessions, upon his entering bail in the nature of a recognizance, in the usual manner, for his appearance at said court; when the offence shall be prosecuted in the same manner as is now directed by law in other cases of misdemeanor.

Appeal.

9 June 1891 § 1. P. L. 260.

99. From and after the passage of this act all fines and penalties imposed by any alderman or magistrate under the act of March twenty-ninth, one thousand Fines and penal eight hundred and sixty-nine, to which the act of June second, one thousand eight hundred and seventy-one is amendatory, shall be payable to any regular incorporated society for the prevention of cruelty to animals bringing suit and prosecuting the charge.

ties payable to

society for pre

vention of cruelty to animals.

Ibid. § 2. Repealing clause.

29 March 1869 § 2.

P. L. 22. Powers of the quarter sessions.

Ibid. § 3.

Proceedings where animals are carried in a cruel manner.

Ibid. § 4.

Killing and removal of disabled animals.

20 June 1891. P. L. 378.

100. All acts and parts of acts inconsistent herewith are hereby repealed.

101. If, in lieu of deciding the cause, such alderman or magistrate shall bind Over or commit such person to appear at the court of quarter sessions, or if such person shall appeal as aforesaid, or, upon such binding over or commitment, appear before the said court and be there convicted of such misdemeanor, he shall be sentenced to pay a fine, not exceeding two hundred dollars, payable as aforesaid, or undergo an imprisonment, not exceeding one year, or both, at the discretion of

the court.

102. If any person shall be arrested for carrying, or causing or allowing to be carried in or upon any cart or other vehicle whatsoever, any creature in a cruel or inhuman manner, the person taking him into custody may take charge of such vehicle and its contents, and deposit the same in some safe place of custody, and any necessary expenses which may be incurred for taking charge of and keeping the same, and sustaining any animal attached thereto, shall be a lien thereon, to be paid before the same can lawfully be recovered, or the said expenses, or any part thereof remaining unpaid, may be recovered by the person incurring the same, of the owner of said creature, in any action therefor.

103. If any maimed, sick, infirm or disabled creature shall, by any person, be abandoned to die in any public place, such person shall be guilty of a misdemeanor; and it shall be lawful for any alderman or magistrate to appoint suitable persons to destroy and remove such creature, if unfit for further use, at the cost of the owner thereof, recoverable before the said alderman or magistrate.

104. Any policeman or constable of any city or county, or any agent of any society or association for the prevention of cruelty to animals, duly incorporated Arrest of offenders. under the laws of this commonwealth, shall, upon his own view of any such mis

Appeal.

Car driver not to be arrested until depot is reached.

3 April 1872 § 1. P. L. 38.

demeanor, make arrests and bring before any alderman or magistrate thereof, offenders found violating the provisions of this act: Provided, That any person convicted under the provisions of this act, to which this is an amendment, shall have the right to appeal to the court of quarter sessions of the proper county: Provided further, That where a car is performing the duty of a common carrier, there shall be only the right of any policeman or constable of any city or county, or any agent of any society or association for the prevention of cruelty to animals, duly incorporated under the laws of this commonwealth, to remove a sick, wounded or disabled horse or mule from any street-car that is performing the duty of a common carrier, but not to the power to arrest the conductor or driver of any such car until they reach the depot or terminus of the road.(y)

105. Any agent of the Pennsylvania society, or of any other society for the prevention of cruelty to animals, be and is hereby authorized and empowered to seize any bull, bear, dog, cock or other creature, kept, used or intended to be used for the purpose of fighting or baiting, and to sell the same for the benefit of said Proceedings there- society: Provided, That when the seizure is made, the animal or animals so seized

Certain animals

may be seized.

on.

shall not be deemed absolutely forfeited, but shall be held by the officer seizing them until a conviction of some person is first obtained, under the first section of the act to which this is a supplement, for keeping or using, or being connected with or interested in the management of any place used for fighting or baiting animals, and the animal or creature seized shall have been found on the premises which are the subject of the complaint: And further provided, That the agent making such seizure shall make due return to the magistrate or alderman before

(x) See the act 9 June 1891, § 1, P. L. 260, infra.

(y) This is an amendment to the act 29 March 1869, § 5. P. L. 22.

3 April 1872 § 1. P. L. 38.

whom the complaint is heard, of the number and kind of animals or creatures so seized by him; and it shall be the duty of the magistrate or alderman hearing the complaint, in case of a conviction, to make the forfeiture of such animals or Judgment of forcreatures seized a part of the sentence.

XXIII. Disorderly conduct.

feiture.

9 May 1889 § 1. P. L. 189.

106. From and after the passage of this act it shall be unlawful for any person to cause any outcry or disorder, or be guilty of any indecent or unbecoming conduct, tending to disturb the peace and good order which should prevail in the Disorderly consaid county court-houses and jails, or to wilfully or carelessly defile, deface or duct in courthouses and jails. injure the floors, walls or any portion of said buildings or fences or railings surrounding the same, or the carpets, furniture or other articles or things used in or about said buildings belonging to the said several counties, by cutting, breaking or otherwise.

107. Any violation of this act shall be deemed and taken to be disorderly conduct, and be punished by a fine not exceeding ten dollars, to be imposed upon the person so offending, and in case he or she shall neglect or refuse to pay the same, he or she shall suffer an imprisonment, not exceeding thirty days, in the county jail, to be fixed at the discretion of the magistrate before whom the trial shall be held.

108. Said commissioners are hereby authorized to appoint one or more officers or watchmen, as may be necessary, for guarding and protecting said buildings and enforcing the provisions of this act, who shall have power to arrest, on view, any person violating the same, and take him or her, as soon as reasonably practicable, before some justice of the peace or alderman of the city or town in which said buildings shall be located, for trial.

Ibid. § 2.

Punishment.

Ibid. § 3.

Watchmen.

Ibid. § 4.

Summary trial.

109. The trial under the provisions of this act shall be by summary proceedings, and in case of conviction hereunder the person so convicted shall be entitled to an appeal to the court of quarter sessions of the proper county, in accordance Appeal. with the provisions of the first section of the act of April seventeen, one thousand eight hundred and seventy-six, entitled "An act relating to appeals in cases of summary convictions."(z)

XXIV. Disorderly house.

P. L. 894.

110. If any person shall keep and maintain a common, ill-governed' and dis- 31 March 1860 § 42. orderly house (a) or place, to the encouragement of idleness, gaming, drinking or other misbehavior, to the common nuisance and disturbance of the neighborhood, Keeping a disor orderly citizens, he or she shall be guilty of a misdemeanor, and on conviction, orderly house. be sentenced to pay a fine, not exceeding five hundred dollars, or to undergo an imprisonment, not exceeding one year, or both, or either, at the discretion of the

court.

XXV. Disturbing public meetings.

P. L. 892.

111. If any person shall, wilfully and maliciously, disturb or interrupt any meet-81 March 1860 § 81. ing, society, assembly or congregation, convened for the purpose of religious worship, (b) or for any moral, social, literary,(c) scientific, agricultural, horticultural Disturbing public or floral object, ceremony, examination, exhibition or lecture, such person shall, on worship or other conviction, be sentenced to pay a fine, not exceeding fifty dollars, and suffer an im- public assembly. prisonment, not exceeding three months, or both, or either, at the discretion of the court.(d)

XXVI. Drunkenness.

3 Sm. 178.

Punishment for

112. If any person shall intoxicate him or herself, by the excessive drinking of 22 April 1794 § 8. spirituous, vinous or other strong liquors, and shall be convicted thereof, he or she shall forfeit and pay the sum of sixty-seven cents for every such offence; or if such person shall refuse or neglect to satisfy the said forfeiture, or goods and chattels drunkenness. cannot be found, whereof to levy the same by distress, he or she shall be committed to the house of correction of the proper county, not exceeding twenty-four hours. 113. The justices of the supreme court severally throughout this state, every president of the courts of common pleas within his district, every associate judge of Mode of convicthe courts of common pleas, and every justice of the peace within his county, the tion.

(z) See tit. "Summary Convictions."

(a) See Hunter v. Commonwealth, 2 S. & R. 298. Commonwealth v. Stewart, 1 Ibid. 342. Commonwealth v. Noonan, 38 L. I. 184.

(b) This was an indictable offence at common law. United States v. Brooks, 4 Cranch C. C. 427. See Commonwealth v. Burkhart, 23 P. S. 521. Commonwealth v. Miller, 4 Luz. L. Reg. 9. To prevent a religious meeting from convening is not a disturbance or interruption under this act; there can be no conviction unless the worshippers have assembled. Commonwealth v. Underkoffer, 11 C. C. 589.

Ibid. § 4.

(c) See Commonwealth v. Davenport, 4 Luz. L. Reg. 155.

(d) This section is a consolidation of the 4th section of the act 16 March 1847, P. L. 447; of the 11th section of the act 14 April 1851, P. L. 568; of the act 4 April 1856, P. L. 234; and the 1st section of the act of 6 April 1859, P. L. 382. It embraces all the objects of these acts, making, however, the punishment a moderate fine and imprisonment. Report on the Penal Code 17.