P. L. 182. 12 March 1866 § 2. officers or detectives, appointed by the proper authorities, in the counties aforesaid, [of Erie, Luzerne, Susquehanna, Pike and Crawford,](q) and they are hereby Constables, &c., to authorized and required, to arrest any professional thief, pickpocket or burglar, arrest professional who may be found at any steamboat-landing, railroad-depot, church, banking thieves in certain institution, broker's office, place of public amusement, auction-room or common counties. Conviction. Punishment. Ibid. § 3. Conductors may on their cars. thoroughfare, in the city of Erie, in Corry, in the county of Erie, and in Meadville or Titusville, in the county of Crawford, and carry them forthwith to the mayor of the city, or burgess of the borough, or a police magistrate, to be appointed by the mayor, burgess, or city or town council respectively; and if it shall be proven, to the satisfaction of the mayor, burgess or other police magistrate by sufficient testimony, that the person so arrested was attending or frequenting such place or places for an unlawful purpose, he or she shall be committed by the said mayor, burgess or police magistrate, to the jail of the proper county, for a term not exceeding ninety days, at hard labor, or, at his discretion, require the person to give security for his or her good behavior, for a period not exceeding one year, and require the person to pay the costs incident to his or her arrest, examination and commitment. 348. The conductors on the several railroads, while passing through either of the counties aforesaid, shall have like power to arrest any one who may be found arrest such persons stealing or picking the pockets of passengers, or others, or committing any breach of the peace on the cars, and detain him or her till reaching any one of the places, Erie, Corry, Meadville or Titusville, and then deliver him or her to a constable, or other police authority, to be taken before one of the authorities mentioned in the preceding section, to be dealt with in like manner as is there provided for real or suspicious offenders; and the several magistrates before named shall have power to order the detention of the person or persons so arrested, for a period not exceeding ten days, if it shall be deemed necessary to obtain the requisite testimony of absent witnesses to establish their guilt. 31 March 1860 § 62. P. L. 399. Loaning public money by oflicers. Ibid. § 63. Depositing public money for gain by officers. Ibid § 66. Misdemeanors by poration officers. LXXI. Public officers. 349. If any officer of this commonwealth, or of any city, borough, county or township thereof, shall loan out, with or without interest or return therefor, any money or valuable security received by him, or which may be in his possession, or under his control by virtue of his office, (r) he shall be guilty of a misdemeanor in office, and on conviction 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; and if still in office, be adjudged thereafter incapable of exercising the same, and the said office shall be forthwith declared vacant by the court passing the sentence.(s) 350. If any such officer shall enter into any contract or agreement with any bank, corporation or individual, or association of individuals, by which said officer is to derive any benefit, gain or advantage from the deposit with such bank, corporation or individual, or association, of any money or valuable security held by him, or which may be in his possession, or under his control by virtue of his said office, he shall be guilty of a misdemeanor, and on conviction, be sentenced to pay a fine, not exceeding one thousand dollars, and to undergo an imprisonment, not exceeding one year; and if still in office, be adjudged thereafter incapable of exercising the same, and the said office shall be forthwith declared vacant by the court passing sentence. 351. It shall not be lawful for any councilman, burgess, trustees, manager or director of any corporation, municipality or public institution, to be, at the same municipal and cor- time, a treasurer, secretary or other officer, subordinate to the president and directors, who shall receive a salary therefrom, or be the surety of such officer, nor shall any member of any corporation or public institution, or any officer or agent. thereof, be in anywise interested in any contract for the sale or furnishing of any supplies, or materials(t) to be furnished to, or for the use of any corporation, municipality or public institution of which he shall be a member or officer, (u) or Not to be surety. (9) By act 11 April 1866, the acts of 13 March 1862, and 16 March 1864, are extended to the city of Reading. P. L. 745. And see act 21 March 1866, P. L. 259; and act 11 April 1866, as to Franklin county. P. L. 720. (r) See Commonwealth v. Marcer, 29 L. I. 52. (s) The 62d, 63d, 64th, 65th, 66th and 67th sections intended to embrace and punish embezzlements and abuses of public trusts by fiscal officers, state, county or township, and by members of municipal corporations, are either transcripts, amendments or extensions of existing laws. They are generalized, so as to meet cases supposed now not to be within their purview. These laws are the 4th section of the act of 16 April 1840, P. L. 444; the 10th section of the act of 27 May 1841, P. L. 402; the 17th section of the act of 16 April 1845, P. L. 536; and the 1st and 2d sections of the act of 26 April 1855, P. L. 328. The 64th section is part of the 5th article of the 10th section of the act 16 April 1850, P. L. 482. Report on the Penal Code 21. (t) This act cannot be extended by implication to apply to a purchase by a school board of real estate in which one of the directors is interested as an owner; such a purchase may be ratified by a new and disinterested board. Trainer v. Wolfe, 140 P. S. 279. That a person, while a member of the town council, is also a member of a firm, which in the usual course of its business furnishes certain supplies for ordinary repairs and ordinary use in a department of the borough without previous contract, is not sufficient to subject such councilman to the penal provisions of this section. Commonwealth v. Hilibish, 12 C. C. 25. (u) The controller of Philadelphia is such an offi for which he shall be an agent, nor directly nor indirectly interested therein, nor 31 March 1860 § 66. receive any reward or gratuity from any person interested in such contract or sale; (v) P. L. 399. and any person violating these provisions, or either of them, shall forfeit his member- Not to be intership in such corporation, municipality or institution, and his office or appointment ested in contracts. thereunder, (w) and shall be held guilty of a misdemeanor, and on conviction Penalty. thereof, be sentenced to pay a fine, not exceeding five hundred dollars: Provided, That nothing in this section contained, shall prevent a vice-president of any bank from being a director of such bank, or of receiving a salary as vice-president. Ibid. § 67. 352. Any person who shall contract for the sale, or sell any supplies or materials as aforesaid, and shall cause to be interested in any such contract or sale, any Solicitation to commember, officer or agent of any corporation, municipality or institution, or give or mit such offences. offer to give any such person any reward or gratuity to influence him or them in the discharge of their official duties, shall not be capable of recovering anything upon any contract or sale, in relation to which he may have so practised or attempted to practise corruptly, but the same shall be void, and such party shall be guilty of a misdemeanor, and on conviction thereof, be sentenced to pay a fine, not exceeding five hundred dollars. Ibid. § 68. 353. If any officer of any municipal or other corporation, not authorized by law, shall be instrumental in, or shall consent to or connive at, the making or Issuing certificates issuing of any note, bill, check, ticket or order, intended to be used as currency, as currency by he shall be guilty of a misdemeanor, and on conviction thereof, be sentenced to corporation offipay a fine, not exceeding one thousand dollars, for each offence, and to undergo an imprisonment, not exceeding six months.(x) cers. P. L. 29. 354. If the auditor-general shall draw any warrant for an amount exceeding 6 April 1870 § 54. any appropriation, or if the state treasurer shall pay out for any appropriation named in an appropriation bill, a greater sum than is named therein for each Drawing or paying appropriation, excepting the interest on the public debt, or for salaries of the warrants in excess judiciary, or for pensions and gratuities, they shall be deemed guilty of a misdemeanor, punishable by a fine, not exceeding one thousand dollars, or imprisonment, not exceeding one year, or both, for each and every offence. LXXII. Race and color. of appropriations. 19 May 1887. P. L. 180. 355. Any person, company, corporation, being owner, lessee or manager of any restaurant, hotel, railroad, street railway, omnibus line, theatre, concert-hall, or place of entertainment or amusement, who shall refuse to accommodate, convey Refusal to accomor admit any person or persons on account of race or color over their lines, or modate, on acinto their hotel, or restaurant, theatre, concert-hall, or place of amusement, shall, color. upon conviction thereof, be guilty of a misdemeanor, and be punished by fine not less than fifty dollars nor more than one hundred dollars. LXXIII. Railroads. count of race or Penalty. P. L. 465. tickets. 356. Whenever any person in the employ of any railroad company, whether 1 May 1861 § 1. such company is incorporated by this or any other state, shall fraudulently neglect to cancel or return to the proper officer, company or agent, any coupon or other Issuing or using railroad ticket, with the intent to permit the same to be used in fraud or injury fraudulent railroad of any such company; or if any person shall steal or embezzle any such coupon or other railroad ticket, or shall fraudulently stamp or print, or sign any such ticket, or shall fraudulently sell or put in circulation any such ticket; any person so offending, shall, upon conviction thereof, be sentenced to pay a fine, not exceeding one thousand dollars, and to undergo an imprisonment, by separate or solitary confinement, at labor, not exceeding five years. P. L. 14. 357. If any locomotive engineer, or other railroad employé, upon any railroad 22 March 1877 § 1. within this state, engaged in any strike, or with a view to incite others to such strike, or in furtherance of any combination or preconcerted arrangement with Abandonment of any other person to bring about a strike, shall abandon the locomotive engine in locomotives by his charge, when attached either to a passenger or freight train, at any place other engineers. than the schedule or otherwise appointed destination of such train, or shall refuse or neglect to continue to discharge his duty, or to proceed with said train to the place of destination as aforesaid, he shall be deemed guilty of a misdemeanor; and upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars, and may be imprisoned for a term not exceeding six months, at the discretion of the court.. 358. If any locomotive engineer, or other railroad employé, within this state, for the purpose of furthering the object of, or lending aid to any strike or strikes, cer. Commonwealth v. Hancock, 2 W. N. C. 557. Quin v. Philadelphia, 4 Ibid. 69. See Commonwealth v. Christian, 9 Phila. 556. Commonwealth v. Shepp, 10 Ibid. 518. (e) See act 15 April 1834, § 43, punishing county commissioners and county treasurers, for being interested in public contracts. (w) On à quo warranto, the court will give judg Ibid. § 2. ment of ouster against an offending councilman, under this section, without a previous conviction on an indictment. Commonwealth v. Allen, 70 P. S. 465. (2) This section is a revision and amendment of the 2d section of the act 21 April 1849, P. L. 673. The object of this section is to protect the purity of the currency. Report on the Penal Code 22. P. L. 14. Refusing to aid in the movement of cars. 22 March 1877 § 2. Organized or attempted to be maintained on any other railroad, either within or without this state, shall refuse or neglect, in the course of his employment, to aid in the movement over and upon the tracks of the company employing him, [or] the cars of such other railroad company, received therefrom in the course of transit, he shall be deemed guilty of a misdemeanor; and upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars, and may be imprisoned for a term not exceeding six months, at the discretion of the court. Ibid. §3. Interfering with employés of railroad companies. Obstructing tracks and injuring railroad property. 31 March 1860 § 142. P. L. 416. railroads. 359. If any person, in aid or furtherance of the objects of any strike upon any railroad, shall interfere with, molest or obstruct any locomotive engineer, or other railroad employé, engaged in the discharge and performance of his duty as such, every person so offending shall be deemed guilty of a misdemeanor; and upon conviction thereof, shall be fined not less than one hundred nor more than two hundred dollars, and may be imprisoned for a term not exceeding six months, at the discretion of the court. 360. If any person or persons, in aid or furtherance of the objects of any strike, shall obstruct any railroad track within this state, or shall injure or destroy the rolling-stock or any other property of any railroad company, or shall take possession of, or remove any such property, or shall prevent or attempt to prevent the use thereof by such railroad company or its employés, every such person so offending shall be deemed guilty of a misdemeanor; and upon conviction thereof, shall be fined not less than five hundred dollars nor more than one thousand dollars, and may be imprisoned not less than six months nor more than one year, at the discretion of the court. 361. If any person shall wilfully and maliciously put, place, cast or throw upon or across any railroad, any wood, stone or other matter or thing; or shall wilfully Malicious injury to and maliciously take up, remove or displace any rail, sleeper or other matter or thing belonging to any railroad; or shall wilfully and maliciously turn, move or divert any switch or other machinery belonging to any railroad; or shall wilfully and maliciously make or show, hide or remove any signal or light upon or near any railroad; or shall wilfully and maliciously do, or cause to be done, any other matter or thing, with intent, in any of the cases aforesaid, to obstruct, upset, overthrow, injure or destroy any tender, carriage, car or truck used on such railroad, or to endanger the safety of any person travelling, or being upon such railroad; every such offender shall be guilty of felony, and being thereof convicted, shall be sentenced to pay a fine, not exceeding ten thousand dollars, and to undergo an imprisonment, by separate or solitary confinement at labor, not exceeding ten years.(y) Ibid. § 143. Casting missiles upon a car. 26 May 1891. P. L. 121. Wrecking of railroad trains destroying life deemed murder. 23 May 1887. P. L. 177. 362. If any person shall wilfully and maliciously cast, throw or cause to fall or strike against, into or upon any engine, tender, carriage, car or truck used upon any railroad, any wood or stone, or other matter or thing, with intent to endanger the safety of any person being in or upon such engine, tender, carriage, car or truck, every such offender shall be guilty of a misdemeanor, and being thereof convicted, shall be sentenced to pay a fine, not exceeding one thousand dollars, and to undergo an imprisonment, not exceeding three years. 363. On and after the passage of this act, any one who shall be convicted of the wilful and malicious obstruction, removal or misplacing of any light, signal or rail on any railroad in this commonwealth, whereby the life of any human being is destroyed, shall be deemed guilty of murder. 364. If any person shall break and enter any car, caboose or locomotive, or wilfully or maliciously, either by day or by night, with or without breaking, enter the same with intent to commit any felony whatever therein, the person so offending Breaking or enter- shall be guilty of felony, and on conviction be sentenced to pay a fine, not exceed ing cars, &c. Penalty. 22 March 1865 § 1. P. L. 30. ing five hundred dollars, and to undergo an imprisonment, by separate and solitary confinement at labor, not exceeding four years, or both, or either, at the discretion of the court. 365. If any person or persons in the service or employ of a railroad or other transportation company, doing business in this state, shall refuse or neglect to obey Negligence by rail- any rule or regulation of such company,(z) or, by reason of negligence or wilful road employés. misconduct, shall fail to observe any precaution or rule, which it was his duty to obey and observe, and injury or death to any person or persons shall thereby result, such person or persons so offending shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be sentenced to pay a fine, not exceeding five thousand dollars, and to undergo an imprisonment in the county jail or in the state peniten (y) The 142d and 143d sections are the revision, amendment and extension of the existing laws for the protection of railway carriages and trains against malicious obstructions placed upon, or displacements of any part of a railway. The 143d section refers to cases of casting or throwing wood, stone or other matter upon any engine, tender, carriage, &c., with intent to endanger the safety of any person in or upon the same. The existing laws on this subject are the 16th section of the act of 19 February 1849, P. L. 85; and the 8th section of the act of 16 April 1838, P. L. 463. Report on the Penal Code 33. (z) Mere neglect or refusal to obey the company's rules, or to observe proper precautions, whether wilful or not, is an offence under this act. Commonwealth v. Griffin, 3 Brewst. 554. And see Commonwealth v. Hamilton, 26 L. I. 68. P. L. 30. tiary, not exceeding five years: Provided, That nothing in this act shall be construed 22 March 1865 § 1. to be a bar to a trial and conviction for any other or higher offence, or to relieve such person or persons from liability in a civil action for such damages as may have been sustained. Ibid. § 2. 366. It shall be the duty of the prosecuting attorney of the city or county where any such injuries may have happened, as soon as he shall have notice of the same, Duties of districtto take immediate action and legal measures for the apprehension and arrest of the attorneys. person or persons who may be charged with causing the injuries as aforesaid, and to direct subpoenas to issue from any justice of the peace to witnesses, to appear and testify on the part of the commonwealth touching such offences charged as aforesaid, and to prosecute the offenders as in other cases of misdemeanor: And prorided further, That no conviction of the employés shall relieve the company from any liability for any such injuries or death. LXXIV. Rape. 19 May 1887. P. L. 128. dren under six 367. If any person shall have unlawful carnal knowledge of a woman, forcibly and against her will, (a) or who, being of the age of sixteen years and upwards, shall unlawfully and carnally know and abuse any woman child under the age of sixteen Rape and carnal years, with or without her consent, such person shall be adjudged guilty of knowledge of chilfelonious rape, and on conviction, be sentenced to pay a fine, not exceeding one teen. thousand dollars, and undergo an imprisonment, by separate or solitary confinement at labor, or by simple imprisonment, not exceeding fifteen years: Provided, however, That upon the trial of any defendant charged with the unlawful carnal Penalty. knowledge and abuse of a woman child under the age of sixteen years, if the jury shall find that such woman child was not of good repute, and that the carnal knowledge was with her consent, the defendant shall be acquitted of the felonious rape and convicted of fornication only.(b) teen. P. L. 27. 368. Any person who takes a female child under the age of sixteen years for the 28 May 1885 § 1. purpose of prostitution or sexual intercourse, (c) or, without the consent of her father, mother, guardian or other person having legal custody of her person, for Prostituting, &c., the purpose of marriage, or who inveigles or entices any such minor female child children under sixinto a house of ill-fame, or of assignation, or elsewhere, for the purpose of prostitution or sexual intercourse, shall, in every such case, be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to imprisonment, at separate or solitary confinement at labor, for not more than five years, or pay a fine, not exceeding one thousand dollars, or both, at the discretion of the court. 369. It shall not be necessary, in any case of rape, sodomy or carnal abuse of a 31 March 1560 § 92. female child, under the age of ten years, to prove the actual emission of seed, in P. L. 405. order to constitute a carnal knowledge, but the carnal knowledge shall be deemed Proof of carnal complete upon proof of penetration only. (d) knowledge. Assault with intent 370. If any person shall be guilty of committing an assault and battery upon a Ibid. § 93. female, with intent, forcibly and against her will, to have unlawful carnal knowledge of such female, (e) every such person shall be guilty of a misdemeanor, (g) to commit rape. and on conviction, be sentenced to pay a fine, not exceeding one thousand dollars, and to undergo an imprisonment, by separate or solitary confinement at labor, not exceeding five years. LXXV. Receiving stolen goods. 371. If any person shall buy or receive(h) any goods, chattels, moneys or 31 March 1860 § 109. securities, or any other matter or thing, the stealing of which is made larceny by (a) Where the consent of the female is obtained, though by fraud or deception, there is no rape; but connection with a woman, when insensible or unconscious, from whatever cause, is rape. Absence of assent will constitute rape, except where the female is under ten years of age; but assent, after the act, is no defence: if consent be given, but withdrawn before the act, and the same be forcible and against consent, the offence is complete. Where there is nothing to deter the woman from resistance, and she is conscious, and able to show dissent, and do not do so, it will be taken as her assent; a doubtful or mixed case will not make out the offence. Commonwealth v. Childs, 2 Pitts. 391. See Commonwealth v. Sallager, 3 Clark 127. Commonwealth v. Parr, 5 W. & S. 345. (b) This is an amendment of the act 31 March 1860, § 91. P. L. 405. Upon an indictment for rape, the jury may convict of fornication and bastardy. Commonwealth v. Lewis, 140 P. S. 561. The only act of assembly now in force in reference to this crime (rape), is the 4th section of the act of 23 April 1829, P. L. 343, providing for its punishment, which previonsly had been inflicted under the 4th section of the act of 1794. The amendment contemplated by this section makes the unlawful carnal knowledge of a woman child, under the age of ten years, with or P. L. 408. without her consent, a felonious rape; the 93d section punishes assaults, with intent to commit a rape; and the 92d section settles a question which is sometimes agitated in courts, as to the evidence necessary to establish the consummation of the crime. Report on the Penal Code 26. A defendant charged with rape and bastardy and surrendered by another state "to be tried for the crime of rape and that only," may be convicted of fornication and bastardy upon the trial of the original indictment. Commonwealth v. Johnston, 12 C. C. 263. (e) This act is constitutional. Commonwealth v. Kaniper, 3 C. C. 276. It is not repealed by the act 19 May 1887, P. L. 128, supra 367. Commonwealth v. Fowler, 44 L. I. 482. (d) See Respublica v. Sullivan, Add. 143. (e) A boy, under the age of fourteen, may be convicted of an assault, with intent to commit a rape, notwithstanding want of capacity to perpetrate the higher offence." Commonwealth v. Underhill, Lewis's Cr. L. 102. (g) See Stout v. Commonwealth, 11 S. & R. 177. A count for a rape may be joined with one for assault and battery with intent to ravish. Harman v. Commonwealth, 12 S. & R. 69. (h) A person cannot be indicted for receiving stolen P. L. 408. 31 March 1860 § 109. any law of this commonwealth,(i) knowing the same to be stolen or feloniously taken,(k) such person shall be guilty of felony, and on conviction, suffer the like pains and penalties which are by law imposed upon the person who shall have actually stolen or feloniously carried away the same.(1) Receiving stolen goods. Ibid. § 110. Trial of receivers. 11 April 1866 § 1. P. L. 604. Purchasing scrap iron, &c., in certain counties from minors, &c. 24 April 1869 § 1. P. L. 1212. counties. 372. It may and shall be lawful to prosecute and punish all buyers and receivers, as well before as after the principal felon shall be taken and convicted, and whether he be amenable to justice or otherwise; which prosecution, conviction and sentence of said receivers shall exempt them from being prosecuted as accessories after the fact, in case the principal felon shall be afterwards convicted. 373. Any person, in Allegheny or Schuylkill county, (m) receiving or buying from minors, or unknown and irresponsible parties, any scrap-iron, brass, lead, copper or other metal, shall be guilty of a misdemeanor, and on conviction thereof, in the court of quarter sessions in the proper county, shall be sentenced to pay a fine of not more than five hundred dollars, and to undergo an imprisonment of not more than one year, or both, or either, at the discretion of the court. 374. Any person hereafter, in the counties of Lancaster and Philadelphia,(n) buying or receiving from minors, knowing them to be such, or from persons unExtended to other known to such person buying or so receiving, or from persons pursuing no trade, labor or employment for a livelihood, any scrap-iron, brass, lead, copper or other metal, shall be guilty of a misdemeanor, and on conviction thereof in a court of quarter sessions of the proper county, shall be sentenced to pay a fine of not exceeding five hundred dollars, or to undergo an imprisonment in solitary confinement of not more than one year, or both, at the discretion of the court. 31 March 1860 §120. P. L. 411. Receiving property fraudulently disposed of. 25 May 1878 § 1. P. L. 155. ished. 375. If any person shall receive any money, chattel or valuable security, which shall have been so fraudulently disposed of, as to render the party disposing thereof guilty of a misdemeanor, knowing the same to have been so fraudulently disposed of, he shall be guilty of a misdemeanor, and may be indicted and convicted thereof, whether the party guilty of the principal misdemeanor shall, or not, have been previously convicted. LXXVI. Re-hypothecation. 376. It shall not be lawful for any person or persons, bank, savings-fund, building association, or any corporation, to re-pledge or re-hypothecate any stocks, bonds Re-hypothecation or other securities, received by any of them for money lent and borrowed, during of pledges pun- the continuance of the contract of hypothecation or pledging of such securities; and such re-pledging or re-hypothecation, without the consent of the party pledging the same, is hereby declared a misdemeanor, triable in the courts of quarter sessions, and on conviction thereof, any person or persons, or the officers of any corporation, violating the provisions of this act, shall be sentenced to a fine not less than five hundred nor more than five thousand dollars, and undergo imprisonment for a period not exceeding five years, or both, or either, at the discretion of the court before which such person shall be prosecuted: Provided, That this act shall not be construed to prevent brokers from pledging or hypothecating stocks or other securities which they have purchased, in whole or in part, with their own money or credit, for others, and for which they have not been wholly reimbursed by the parties for whom such stocks or other securities have been purchased.(0) 81 March 1860 § 19. P. L. 389. LXXVII. Riots. 377. If any person shall be concerned in any riot,(p) rout, unlawful assembly or an affray, and shall be thereof convicted, he shall be guilty of a misdemeanor, and be sentenced to pay a fine not exceeding five hundred dollars, or undergo an lawful assemblies imprisonment not exceeding two years, or both, or either, at the discretion of the court; and in case any one is convicted of an aggravated riot, the court may sen Riots, routs, unand affrays. goods, unless he has actually taken them into his possession. Sleigh's Case, 3 Brewst. 342. (i) See Commonwealth v. Mulholland, 6 Phila. 280. (k) On the trial of an indictment for receiving stolen goods, other acts of receiving, not so far removed, in point of time or circumstances, from the specific act charged, as to constitute a totally distinct transaction, may be given in evidence, to establish the fact of guilty knowledge. Kilrow v. Commonwealth, 89 P. S. 480. Commonwealth v. Charles, 14 Phila. 663. Commonwealth v. Moorby, 8 Phila. 615. (1) The 109th section prescribes against the receivers of any property made the subject of larceny by this act, knowing the same to have been stolen, and whether the stealing took place in this commonwealth, or any of the states or territories of the Union. The 110th section makes it lawful to punish such receivers, as well before as after the principal felon shall have been convicted. These provisions are substantially the same with those of the act of 11 April 1825, 8 Sm. 438; and the 5th clause of the resolution of 26 April 1844, P. L. 605. Report on the Penal Code 30. (m) Extended to Lebanon county, by act 19 May 1871, P. L. 974. This act is not unconstitutional. Harrison v. Commonwealth, 123 P. S. 508. Risser's Application, 6 C. C. 270. (n) Extended to the counties of Berks, Bucks and Carbon, by act 24 May 1871, P. L. 1102; and to Lebanon and Montour counties, by act 3 April 1872, P. L. 767. (0) So amended by act 10 June 1881, P. L. 170. (p) See Pennsylvania v. Craig, Add. 191. Pennsylvania v. Cribs, Ibid. 277. Pennsylvania v. Huston, Ibid. 334. 4 Penn. L. J. 31, 36. Commonwealth v. Daley, 2 Clark 361. Commonwealth v. Hare, Ibid. 467. Shouse v. Commonwealth, 5 P. S. 84. Commonwealth v. Dupuy, Bright. 44. Clellans v. Commonwealth, 8 P. §. 223. Respublica v. Montgomery, 1 Y. 419. Commonwealth v. Armstrong, 11 Phila. 656. Lycoming Fire Ins. Co. v. Schwenk, 95 P. S. 89. |