3 Sm. 178. 22 April 1794 § 4. mayor and aldermen of the city of Philadelphia, and each of them, within the limits of said city, and each burgess of a town corporate, within his borough, are hereby empowered, authorized and required to proceed against and punish all persons offending against this act, and every person who shall profane the Lord's day, or who shall profanely curse or swear, or who shall intoxicate him or herself, as mentioned in the next preceding section of this act; and for that purpose, each of the said justices or magistrates severally may and shall convict such offenders, upon his own view and hearing, (e) or shall issue, if need be, a warrant, summons or capias (according to the circumstances of the case) to bring the body of the person accused as aforesaid before him; and the same justices and magistrates respectively shall, in a summary way, inquire into the truth of the accusation, and upon the testimony of one or more credible witnesses, or the confession of the party, shall convict the person who shall be guilty as aforesaid, and thereupon shall proceed to pronounce the forfeiture incurred by the person so convicted, as hereinbefore directed; and if the person so convicted refuse or neglect to satisfy such forfeiture immediately, with costs, or produce goods and chattels whereon to levy the said forfeiture, together with costs, then the said justices or magistrates shall commit the offender, without bail or mainprise, to the house of correction of the county wherein the offence shall be committed, during such time as is hereinbefore directed, there to be fed on bread and water only, and to be kept at hard labor; and if such commitment shall be in any county, wherein no distinct house of correction hath been erected, then the offender shall be committed to the common jail of the county, to be therein fed and kept at hard labor, as aforesaid. And every such conviction may (g) be in the following terms, viz.: "Be it remembered, that on the day ofin the year ofA. B., of - county laborer, (or otherwise, as his or her rank, occupation or calling may be,) is convicted before me, being one of the justices of the [or one of the aldermen or burgesses of the city or borough of- in the county of · -] of swearing profane oaths by the name of (or otherwise, as the offence and case may be,) and I do adjudge him (or her) to forfeit for the same the sum of cents. Given under my hand and seal, the day and year aforesaid:" Provided always, That every such prosecution shall be commenced within seventy-two hours after the offence shall be committed.(h) 114. One moiety of the forfeitures in money, accruing and becoming due for any offence against this act, shall be paid to the overseers of the poor of the city, borough or township, wherein the offence shall be committed, for the use of the poor thereof, and the other moiety to the person or persons who shall prosecute and sue for the same; and the inhabitants of such city or other place shall, notwithstanding, be admitted witnesses to testify against any person who shall be prosecuted for any offence by virtue of this act. (i) Form of conviction. Limitation. Ibid. § 12. Appropriation of penalties. A. 31 March 1856, § 29. P. L. 207. Punishment for drunkenness. 31 March 1860 § 25. P. L. 391. 115. Any person who shall be found intoxicated in any street, highway, public house or public place shall be fined upon the view of or upon proof made before any mayor, alderman or justice of the peace, not exceeding [two] dollars,(k) to be levied, with the proper costs, upon the goods and chattels of the defendant. XXVII. Duelling. 116. If any person within this commonwealth shall challenge another, by word or writing,() to fight at sword, rapier, pistol or other deadly weapon, or if any (e) See Reid v. Wood, 102 P. S. 312. (g) See act 17 April 1876, as to appeals in cases of summary conviction: tit. "Justices of the Peace." (h) This form of conviction is merely directory. Commonwealth v. Hardy, 1 Ash. 410. (i) The limitation contained in the subsequent part of this section is not applicable to prosecutions under § 2-4. (k) So amended by the act 20 April 1858, § 22. P. L. 370. Drunkenness is no excuse for the commission of crime. Respublica v. Weidle, 2 Dall. 88. Commonwealth v. Dougherty, 1 Bro. App. xviii. Commonwealth v. Hart, 2 Brewst. 546. Yet it may have the effect of reducing the crime of murder to the second degree, if sufficient to deprive the prisoner of the power of deliberation. Commonwealth v. Platt, 11 Phila. 415; s. c. Ibid. 421. Commonwealth v. Baker, Ibid. 631. Effect of intoxication in reducing the degree of murder. Nerling v. Commonwealth, 39 L. I. 62. Drunkenness does not incapacitate from forming a premeditated design to kill, but it may be evidence of passion only and of want of malice and design. Pennsylvania v. Lewis, Add. 279. Commonwealth v. Hart, 2 Brewst. 546. The prisoner's intoxication will not affect the grade of crime, unless so great as to render him unable to form a wilful, deliberate and premeditated design to kill, or incapable of judging of his acts and their consequences. Keenan v. Commonwealth, 44 P. S. 55. Commonwealth v. Crozier, 1 Brewst. 349. Commonwealth v. Miller, 4 Phila. 195. Commonwealth v. Fletcher, 33 L. I. 13. Intoxication, though not an excuse for crime, if it deprive the intellect of the power to think, and weigh the nature of the act, may reduce the crime of murder to the second degree. Jones v. Commonwealth, 75 P. S. 403. Commonwealth v. Crozier, 1 Brewst. 349. Commonwealth v. Hart, 2 Ibid. 546. Commonwealth v. Perrier, 3 Phila. 229. Commonwealth v. Dunlap, Lewis's Cr. L. 394. Commonwealth v. Haggerty, Ibid. 402. Commonwealth v. Baker, 33 L. I. 367. Commonwealth v. Platt, Ibid. 436. The intoxication of the party injured does not excuse contributory negligence. Linton v. Chester, 32 L. I. 265. A new trial on account of the intoxication of a witness was refused. The court's attention should have been called to it at the time. Gillespie v. Life Association, 41 Ibid. 543. Being drunk whilst drawing benefits from a benevolent society was held not to be a sufficient ground for expulsion; the charter or by-laws not having defined such offence among the causes of expulsion, and the member not having been charged or convicted of being drunk more than once. Commonwealth v. Association, 1 Montg. 101. A contract made by an intoxicated person, who does not know the consequences of his act, is avoidable. Bush v. Brewig, 113 P. S. 310. (1) See Commonwealth v. Levy, 2 Wheeler's Cr. C. · 245. P. L. 391. person so challenged shall accept the said challenge; in either case, such person 31 March 1860 § 25. so giving or sending, or accepting any such challenge, shall be guilty of a misdemeanor, and being convicted thereof, shall be sentenced to pay a fine, not exceed- Sending a chaling five hundred dollars, and to undergo an imprisonment, by separate or solitary lenge to fight. confinement at labor, not exceeding three years.(m) Ibid. § 26. 117. If any person shall, willingly and knowingly, (n) carry and deliver any written challenge, or shall verbally deliver any message purporting to be a chalCarrying or delivlenge, or shall consent to be a second in any such intended duel, every such ering a challenge. person so offending shall be guilty of a misdemeanor, and being convicted thereof, shall be sentenced to pay a fine, not exceeding five hundred dollars, and to undergo an imprisonment, by separate and solitary confinement at labor, not exceeding two years. Concealing the 118. If any person shall have knowledge of any challenge to fight with any Ibid. § 27. deadly weapon, given or received, or in any manner be witness to the fact of such challenge, duel or fighting, not being a second thereat or a party thereto, and shall conge of a conceal the same and do not inform thereof, he or she shall be guilty of a misde- challenge. meanor, and being convicted thereof, shall be sentenced to pay a fine, not exceeding fifty dollars, and to undergo an imprisonment, not exceeding twelve calendar months. Posting another 119. If any person shall, in any newspaper or handbill, written or printed, or Ibid. § 28. otherwise, post, publish or proclaim any other person or persons as a coward or cowards, or use any other opprobrious and abusive language towards such person for not accepting a for not accepting a challenge, or fighting a duel, such person or persons so offend- challenge. ing, shall, on conviction, 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 one year.(0) P. L. 436. 120. In cases arising under the laws of this commonwealth for the restraint of 31 March 1860 § 28. the horrid practice of duelling, it shall be sufficient to frame an indictment generally, against either of the principals, for challenging another to fight at deadly Indictment for weapons, and notwithstanding it may appear on the trial that the defendant only duelling. accepted the challenge, it shall be sufficient to convict and render him liable to the penalties of the law; and in like manner an indictment against the seconds may be framed generally, for carrying and delivering a challenge, and proof of the mere act of fighting, and the defendant being present thereat, shall be sufficient to convict the defendant, upon an indictment so framed; and if the duel shall take place within this commonwealth, the mere fact of fighting shall be full and complete evidence of the charges, respectively, of giving or receiving, or of carrying or delivering a challenge, without other proof thereof. XXVIII. Elections.(p) P. L. 541. 121. If the constable or supervisors of any township, ward or district, shall 2 July 1889 § 97. neglect or refuse to perform the duties herein required of him or them, they shall respectively, on conviction, be fined in any sum not less than fifty, nor more than one hundred dollars. 122. If any person elected to serve as inspector or judge as aforesaid, and having received due notice thereof, shall neglect or, without good cause, refuse to attend on the day of election at the time appointed by law, he shall in every such case forfeit the sum of twenty dollars. Neglect of duty by constables or supervisors. Ibid. § 99. Neglect by election officers to attend in proper time. Ibid. § 100. Neglect or refusal 123. If any inspector, judge or clerk, as aforesaid, shall neglect or refuse to take upon himself the duties of such office, he shall forfeit and pay the sum of fifty dollars; or having entered upon the same, shall afterwards neglect or refuse to of officers to perperform the duties thereof according to law, he shall forfeit and pay the sum of form the duties of one hundred dollars for every such offence. their office. 124. If any inspector, judge or clerk of an election, shall presume to act in such Ibid. § 101. capacity before taking and subscribing the oath required by this act, he shall, on Acting without conviction, be fined in any sum not less than fifty, nor more than two hundred being sworn. dollars. (m) The 25th, 26th, 27th and 28th sections are reenactments of the act of the 31st March 1806, 4 Sm. 353. The changes recommended are in the punishments. The challenger, and party accepting a challenge, are made subject to confinement at labor not exceeding three years, instead of one; the second, or bearer of a challenge, to two years instead of one; and the person concealing his knowledge of a challenge, to one year's simple imprisonment instead of nine months. The punishment, by imprisonment at labor, for posting a person for not accepting a challenge, remains the same. The present constitution of the commonwealth, article VI., section 10, deprives any person who shall fight a duel, or send a challenge for that purpose, or be aider or abettor in fighting a duel, of the right of holding any office of trust or profit in the state; the commissioners have, therefore, 19 May 1887 § 1. P. L. 126. Drunkenness a misdemeanor. Penalty. 2 Juny 1839 § 102. P. L. 541. Wilful frauds by election officers. Ibid. § 103. Rejecting votes of qualified electors, &c. 1 125. If any election officer or assessor of poll taxes shall become intoxicated during any of the time in which he shall be engaged in the performance of his duties, he shall, on conviction, be deemed guilty of a misdemeanor, and be sentenced to an imprisonment of thirty days, and to pay a fine of twenty dollars and the cost of prosecution, both or either, at the discretion of the court. 126. If any inspector, judge or clerk, (q) as aforesaid, shall be convicted of any wilful fraud in the discharge of his duties, as aforesaid, he shall undergo an imprisonment for any term not less than three, nor more than twelve months, and be fined in any sum not less than one hundred dollars, nor more than five hundred dollars, and shall be, for seven years thereafter, disabled from holding any office of honor, trust or profit in this commonwealth, and shall moreover be disabled, for the term aforesaid, from giving his vote at any general or special election within this commonwealth. 127. If any inspector or judge of an election shall knowingly reject the vote of any qualified citizen, or knowingly receive the vote of any person not qualified, or conceal from his fellow-officers any fact in the knowledge of which such vote should by law be received or rejected, each of the persons so offending shall, on conviction, be punished in the manner prescribed in the 107th section(r) of this act. 128. If any such inspector or judge shall receive the vote of any person whose name shall not be returned on the list furnished by the commissioners or assessor, persons not on list, without first requiring the evidence directed in this act, the person so offending shall, on conviction, be fined in any sum not less than fifty, nor more than two hundred dollars. Ibid. § 104. Receiving votes of without proof. Ibid. § 105. Prying into tickets. Ibid. § 106. Defacing, altering or destroying tickets or election papers. Ibid. § 108. Refusal by as sessor to assess qualified citizens. Ibid. § 110. Obstructing election officers. dows. Disturbing the peace. Or using threats or violence. 129. If any judge of an election, inspector, clerk or other person, before the poll shall be closed, shall unfold, open or pry into any ticket, with a design to discover the name of any candidate therein, every person so offending shall, on conviction, be fined in any sum not less than fifty, nor more than one hundred dollars, and imprisoned for any time not less than one, nor more than three months. 130. If any person shall embezzle or unlawfully deface, alter, change, substitute or destroy any ticket, list of voters, tally-paper or certificate, taken or made at any election, as aforesaid, he shall, on conviction, suffer imprisonment for a term not less than twelve months, nor more than three years, at the discretion of the court, and be fined in any sum not less than one hundred, nor more than one thousand dollars. 131. If any assessor shall intentionally neglect or refuse to assess any citizen of this commonwealth, who is or shall be subject to assessment by law; or shall, in like manner, neglect or refuse to return the name of the person so assessed to the commissioners of the proper county; or intentionally neglect or refuse to perform any other duty enjoined on him by the provisions of this act, he shall, on conviction thereof, be fined in any sum not less than fifty, nor more than two hundred dollars. 132. If any person shall prevent or attempt to prevent any officers of an election under this act, from holding such election, or use or threaten any violence to any such officer, or shall interrupt or improperly interfere with him in the execution Blocking up win of his duty; or shall block up or attempt to block up the window, or avenue to any window where the same may be holden; or shall riotously disturb the peace at such election; or shall use or practise any intimidation, threats, force or violence, with design(s) to influence unduly, or overawe any elector, or to prevent him from voting, or to restrain the freedom of choice, such person, on conviction, shall be fined in any sum not exceeding five hundred dollars, and be imprisoned for any time not less than one, nor more than twelve months. And if it shall be Additional penalty, shown to the court, where the trial of such offence shall be had, that the person So offending was not a resident of the city, ward, district or township where the said offence was committed, and not entitled to vote therein, then, on conviction, he shall be sentenced to pay a fine not less than one hundred, nor more than one thousand dollars, and be imprisoned not less than six months, nor more than two years. where offender is not a resident and voter. Ibid. § 119. Fraudulent voting. Ibid. § 120. 133. If a f any person, not by law qualified, shall fraudulently vote at any election within this commonwealth, or being otherwise qualified, shall vote out of his proper district, or if any person, knowing the want of such qualification, shall aid or procure such person to vote, the person or persons so offending shall, on conviction, be fined in any sum not exceeding two hundred dollars, and be imprisoned for any term not exceeding three months.(t) 134. If any person shall vote at more than one election district, or otherwise fraudulently vote more than once on the same day, or shall fraudulently fold and (q) The inspectors, judges and clerks cannot be joined in the same indictment, where the offences are different, and the duties distinct and separate. Commonwealth v. Miller, 2 Pars. 480; s. c. Bright. Elect. Cas. 711. See Commonwealth v. Gray, 2 Duvall 373. (r) That is, by a fine of not less than $50, nor more than $200. The 98th, 107th and 109th sections of this act appear to be supplied and repealed by act 13 June 1840, § 15, infra 145. (8) To constitute this offence, there must be a preconceived intention to intimidate the officers, or interrupt the election. Respublica v. Gibbs, 3 Y. 429; s. c. 4 Dall. 253. (t) See infra 135. deliver to the inspector two tickets together, with the intent to illegally vote, or 2 July 1839 § 120. shall vote the same, of if any person shall advise and procure another so to do, he P. L. 541. or they so offending shall, on conviction, be fined in any sum not less than fifty, Voting more than nor more than five hundred dollars, and be imprisoned for any term not less than once, or more than three, nor more than twelve months. one ticket. 135. If any person not a citizen of this commonwealth, (u) shall vote or attempt 6 April 1870 § 6. to vote, at any special, general or presidential election, held in this commonwealth, P. L. 54. he shall be guilty of felony, and on conviction, be sentenced to pay a fine, not ex- Attempt to vote, ceeding five hundred dollars, and undergo an imprisonment, by separate and solitary by one not a confinement at labor, not less than two, nor more than five years.(v) citizen. Ibid. § 7. 136. If any person shall, through solicitation, invitation or device, persuade or prevail on any person, not a citizen of this commonwealth, to vote, or attempt to Procuring one not vote, at any special, general or presidential election in this commonwealth; or a citizen to vote. shall, by any means, aid, encourage or abet any such attempt; the person so offending shall be guilty of felony, and on conviction, shall be sentenced to pay a fine, not exceeding five hundred dollars, and undergo an imprisonment, by separate or solitary confinement at labor, not less than two, nor more than five years.(w) P. L. 92. 137. Any person who shall furnish or supply to any elector of this commonwealth, 18 June 1888 § 1. at any of the polls or voting places, any ballot or ticket falsely representing it to contain names not thereon, with the intent and purpose of defrauding said voter Cheating electors out of his expressed choice, shall be deemed guilty of a misdemeanor; and on con- by fraudulent viction, shall pay a fine, not to exceed one hundred dollars, or imprisonment, not to exceed one year, one or both, or either, at the discretion of the court: Provided, This act shall apply to both general and primary elections. tickets. P. L. 546. 138. If any person not qualified to vote in this commonwealth, agreeably to 2 July 1839 § 121. law (except the sons of qualified citizens), shall appear at any place of election, for the purpose of issuing tickets, or of influencing(x) the citizens qualified to Interfering at elecvote, he shall, on conviction, forfeit and pay any sum not exceeding one hundred tions, by persons not qualified. dollars for every such offence, and be imprisoned for any term not exceeding three P. L. 55. months. 139. Any person who shall unlawfully strike, wound or commit any assault and 6 April 1870 § 9. battery upon the person of any elector, at or near any election poll, during the holding of any election, shall be deemed guilty of a high misdemeanor, and upon con- Assaulting elecviction thereof, he shall be fined not less than one hundred dollars, or more than tors. five hundred, and be imprisoned for a term not less than three months, or more than one year.(y) P. L. 546. Corrupt swearing. 140. If any person shall wilfully and corruptly make or procure any person to 2 July 1889 § 124. make falsely any oath or affirmation, required or authorized by this act, such person shall suffer such penalties and disabilities as are incurred on conviction of wilful and corrupt perjury, or subornation of perjury.(z) Ibid. § 125. 141. If any person shall knowingly publish, utter or make use of any forged or false receipt or certificate, with intent to impose the same upon, or deceive any Using forged reinspector or judge, at any election as aforesaid, such person shall, on conviction, ceipts or certifi be fined in any sum not less than fifty, nor more than five hundred dollars, and cates. suffer imprisonment not less than six months, nor more than two years. 142. If any prothonotary or sheriff shall neglect or refuse to perform any of Ibid. § 126. the duties herein before enjoined upon him, or shall wilfully misbehave in the Neglect of duty by doing thereof, he shall, on conviction thereof, be fined in any sum not less than one sheriff's or prothonhundred, nor exceeding five hundred dollars, and shall suffer imprisonment for a otaries. term not exceeding twelve months. Ibid. § 127. Refusal to receive justices. 143. If any justice of the peace shall refuse to receive any ballot-box delivered to him, as is herein before provided, or having received the same, shall neglect the safe-keeping thereof, he shall, on conviction of any such refusal or neglect, be fined ballot-boxes by in any sum not less than one hundred, nor more than one thousand dollars. 144. Every specific fine or forfeiture imposed by this act, may be recovered by action of debt, in the name of the commonwealth, as debts of like amount are by How penalties law recoverable, or by indictment in the court of quarter sessions of the proper recoverable. county; and where the fine and forfeiture is not specific, the proceeding shall be Ibid. § 128. by indictment in the quarter sessions of the proper county: Provided, That all Limitation. 145. If any officer or officers required to perform any duty by the provisions 13 June 1840 § 15. of this act, (a) shall neglect or refuse to perform the same, he or they so offending, (u) An attempt to vote illegally, by one who is a citizen, is an indictable offence. Commonwealth v. Jones, 10 Phila. 211. See tit. "Criminal Procedure." (v) See Commonwealth v. Aglar, Bright. Elect. Cas. 695. State v. Macomber, 7 Rhode Island 349. People v. Harris, 29 Cal. 678. State v. Moore, 3 Dutch. 105. (w) See Commonwealth v. Aglar, Bright. Elect. Cas. 695. P. L. 688. P. L. 688. Neglect of duties 13 June 1840 § 15. shall be considered and adjudged guilty of a misdemeanor in office, and shall, on conviction, be fined in any sum not less than twenty, nor more than two hundred dollars, and where the duties required of any officer herein named are the same as those required by the provisions of the act to which this is a supplement, the penalties inflicted by said act, for violation of such duty, be and the same are hereby extended to the duty herein required. (b) enjoined by act of 13 June 1840. 17 April 1866 § 3. P. L. 970. Receiving unas proof. 146. Whenever, in the investigation of any contested election, whether before any committee of councils, any court of the city and county of Philadelphia, or committee of the senate or house of representatives, or a joint committee thereof, sessed votes, with- it shall appear that in any election division of said city, the officers of election out preliminary shall have wilfully received the votes of ten persons or upwards, whose names are not contained in the list of taxable inhabitants, furnished to the election officers of such division by the city commissioners, without requiring proof of the payment of taxes, citizenship and residence, which now are, or hereafter may be, required by law, such dereliction of duty shall be deemed a misdemeanor: upon conviction whereof, the said officers of election shall be fined in a sum not exceeding one thousand dollars, and be imprisoned for a period not exceeding two years, (or) both or either, at the discretion of the court. (c) 10 April 1867 § 1. Political parades. 17 April 1869 § 6. P. L. 52. Neglecting to demand the proof required by law. Ibid. § 12. Fraudulent issue zation papers. 147. It shall not be lawful for any political organization to parade through the streets of the city of Philadelphia after dark, within ten days next preceding any general election." 148. Any person violating the provisions of this act, shall be liable to a penalty not exceeding fifty dollars, and an imprisonment not exceeding sixty days. 149. If any election officer shall refuse or neglect to require such proof of the right of suffrage as is prescribed by this law or the laws to which this is a supplement, from any person offering to vote whose name is not on the list of assessed voters, or whose right to vote is challenged by any qualified voter present, and shall admit such person to vote, without requiring such proof, every person so offending shall, upon conviction, be guilty of a high misdemeanor, and shall be sentenced, for every such offence, to pay a fine, not exceeding one hundred dollars, or to undergo an imprisonment, not more than one year, or both, or either, at the discretion of the court.(d) 150. If any prothonotary, clerk, or the deputy of either, or any other person, shall affix the seal of office to any naturalization paper, or permit the same to be or use of naturali affixed, or give out, or cause or permit the same to be given out, in blank, whereby it may be fraudulently used, or furnish a naturalization certificate to any person who shall not have been duly examined and sworn in open court, in the presence of some of the judges thereof, according to the act of congress, or shall aid in, connive at, or in any way permit the issue of any fraudulent naturalization certificate, he shall be guilty of a high misdemeanor; or if any one shall fraudulently use any such certificate of naturalization, knowing that it was fraudulently issued, or shall vote, or attempt to vote thereon, or if any one shall vote, or attempt to vote, on any certificate of naturalization not issued to him, he shall be guilty of a high misdemeanor; and either or any of the persons, their aiders or abettors, guilty of either of the misdemeanors aforesaid, shall, on conviction, be fined in a sum not exceeding one thousand dollars, and imprisoned in the proper penitentiary for a period not exceeding three years. (e) Ibid. § 18. False swearing on naturalization. Ibid. § 14. election officers, &c. 151. Any person who, on oath or affirmation, in or before any court in this state, or officer authorized to administer oaths, shall, to procure a certificate of naturalization, for himself or any other person, wilfully depose, declare or affirm any matter to be fact, knowing the same to be false, or shall, in like manner, deny any matter to be fact, knowing the same to be true, shall be deemed guilty of perjury; and any certificate of naturalization issued in pursuance of any such deposition, declaration or affirmation shall be null and void; and it shall be the duty of the court issuing the same, upon proof being made before it, that it was fraudulently obtained, to take immediate measures for recalling the same for cancellation. And any person who shall vote, or attempt to vote, on any paper so obtained, or who shall in any way aid in, connive at, or have any agency whatever in the issue, circulation or use of any fraudulent naturalization certificate, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall undergo an imprisonment in the penitentiary for not more than two years, and pay a fine not more than one thousand dollars for every such offence, or either, or both, at the discretion of the court. 152. Any assessor, election officer or person appointed as an overseer, who shall Neglect of duty by neglect or refuse to perform any duty enjoined by this act, without reasonable or legal cause, shall be subject to a penalty of one hundred dollars; and if any "Elections." And see Commonwealth v. Long, 1 Del. Co. R. 50. (b) See Commonwealth v. Maher, 38 L. I. 269. (c) See infra 149. (d) By section 18, it is provided, that none of the foregoing provisions of this act shall apply to the city of Philadelphia, excepting sections 12 and 13. The 6th and 14th sections, therefore, are not in force in that city. But see act 30 January 1874, § 12, tit. (e) The offences described in this and the succeeding section, are included in the provisions of the act of congress of 14 July 1860, and jurisdiction thereof is conferred upon the federal courts. 16 U. S. Stat. 254. |