17 April 1876 § 6. patient, or his or her heirs, may recover the same as debts of like amount are now recoverable by law.(w) P. L. 39. Ibid. § 7. Ibid. § S. Exceptions. Ibid. § 9. Fee for certificate. 20 June 1883 § 1. P. L. 129. 7. All fines collected shall inure to the poor fund of the county in which the prosecution occurs. 8. Nothing in this act shall apply to persons who shall have been engaged in the continuous practice of dentistry in this state, for three years or over, at the time of, or prior to, the passage of this act. 9. To provide a fund to carry out the provisions of the third section of this act, it shall be the duty of the said board of examiners to collect from those who receive the certificate to practise dentistry the sum of thirty ($30) dollars each; of which sum, if there be any remaining, after liquidating necessary expenses, the balance shall be paid into the treasury of the said Pennsylvania State Dental Society, to be kept as a fund for the more perfect carrying out of the provisions of this act. 10. It shall be the duty of any person practising dentistry within this commonwealth, within three months after the passage of this act, and of any person inDentists to register tending to practise dentistry within this commonwealth, before commencing the same, to have recorded in the recorder's office in the county in which he or she practises or intends to practise, the diploma or certificate provided for in the act to which this is a supplement. diplomas, &c., in recorder's office. Ibid. § 2. To present them 11. Any person beginning to practise dentistry in this state, after the passage of this act, having a dental diploma issued or purporting to have been issued by to state examining any college, university, society or association, shall present the same to the state board for approval. examining board provided for in the act to which this is a supplement, for approval; such examining board being satisfied as to the qualifications of the applicant and the genuineness of the diploma, shall, without fee, indorse the same as approved, after which the same may be recorded as aforesaid. Ibid. § 3. Practising dentists, without diplomas, to make affidavit. To be recorded. Ibid. § 4. meanor. 12. Any person who is entitled to practise dentistry in this commonwealth, without a diploma or certificate under the provisions of the eighth section of the act to which this is a supplement, shall make written affidavit before some person qualified to administer an oath, setting forth the time of his continuous practice and the place or places where such practice was pursued in this commonwealth, and shall, within three months after the passage of this act, have such affidavit recorded in the recorder's office of the county in which he is practising. And it shall be the duty of the recorder to record such diplomas, certificates and affidavits in a book provided for such purpose. 13. Any person who shall violate or fail to comply with any of the provisions of this act, or of the act to which this is a supplement, or who shall cause to be Violation a misde- recorded any diploma or certificate which has been obtained fraudulently, or is in whole or in part a forgery, or shall make affidavit to any false statement to be recorded as aforesaid, shall be guilty of a misdemeanor, and on conviction, shall be sentenced to pay a fine of not less than fifty nor more than two hundred dollars, for each offence, for the use of the proper county. Penalty. 10 June 1893 § 1. P. L. 441.. dentistry or as sume the title of doctor of dental surgery. 14. From and after the passage of this act, it shall not be lawful for any person in the state of Pennsylvania to engage in the practice of dentistry, or assume the Who may practise title of doctor of dental surgery, or advertise himself or herself as doctor of dental surgery, without first having graduated and receiving a diploma conferring the degree of doctor of dental surgery, or other recognized dental degree, from a reputable institution recognized as of good repute by the national board of dental examiners, and legally competent to confer the same, and having said diploma indorsed by the state board of dental examiners, and recorded according to requirement of the act of June twenty, one thousand eight hundred and eighty-three: Provided, That physicians and surgeons may, in the regular practice of their profession, extract teeth for the relief of pain, or make applications for such purposes. 15. Every person shall be understood as practising dentistry within the meaning of this act, who shall, for fee, salary or other reward, either to himself or another Dental practice defined. person, operate upon human teeth, furnish artificial substitutes or perform those acts as assistant or principal usually understood as and called dental operations: Provided, That bona fide students of dentistry, under the immediate supervision of a preceptor who is in lawful practice, may assist him in operations during the usual term of pupilage, not to exceed two and one-half years from the date of commencement. Physicians may ex- Students. Ibid. § 3. Fee for indorsement of diploma. Qualifications to be ascertained before indorsement. 16. The state board of dental examiners is hereby authorized to collect a fee of not less than one dollar for each indorsement of a diploma required by the act of June twentieth, one thousand eight hundred and eighty-three, said amount to be paid by the holder of diploma as a prerequisite to indorsement. In all cases the members of the state dental examiners' board shall, by written or oral examination or otherwise, satisfy themselves as to the fitness and qualifications of the holder of a diploma before indorsement is made, and, in their discretion, refuse to indorse the diploma of an applicant who is found incompetent. (w) This act is unconstitutional as to dentists practising at the time of its passage. Commonwealth v. Wasson, 28 P. L. J. 434. 17. When an examination is considered necessary, the said board is authorized 10 June 1893 § 3. to collect from the applicant a fee of five dollars, which sum shall be refunded in case his diploma is not indorsed. P. L. 441. when graduate in 18. In case a graduate of one of the dental schools of this state shall desire and intend to begin the practice of dentistry in a foreign country beyond the bounds of the United States, and shall make affidavit, duly certified, as to the fact, and shall Indorsement ask for the indorsement of the state board of dental examiners, then said state board tends practising in being satisfied as to the character and qualifications of the applicant and the good a foreign county. repute of the institution issuing said diploma may indorse the same, and for each Fee. such indorsement shall collect a fee of not less than ten dollars. Ibid. § 5. 19. Any violation of the provisions of this act shall constitute a misdemeanor, and shall subject the party violating it to a penalty of not more than one hundred Violation of act. dollars for each offence. Ibid. § 6. Who are exempt 20. This act shall not apply to persons who have been engaged in the active practice of dentistry in Pennsylvania from the date of the passage of the act of from provisions of June twenty, one thousand eight hundred and eighty-three. act. Ibid. § 7. quent to Septem 21. It shall not be lawful for any recorder to place upon record any diploma of date later than September twentieth, one thousand eight hundred and eighty-three, Diplomas subse unless said diploma has been indorsed and approved by the state board of dental examiners or the secretary of said board. 22. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. ber 20, 1883, not to be recorded, unless indorsed. Ibid. § 8. Repeal. DEPOSITIONS. See EVIDENCE; JUSTICES OF THE PEACE; COMMISSIONERS TO TAKE DEPOSITIONS. 1. The father and grandfather, and the mother and grandmother, and the chil- 20 March 1803 § 29. ren and grandchildren of every poor, old, blind, lame and impotent person, or other 4 Sm, 65. poor person within the said city, district and township, not able to work, being of Support of chilsufficient ability, shall, at their own charges, relieve and maintain every such poor dren, grandchilperson as the mayor's court of the city, or the court of quarter sessions for the dren, parents and grandparents. county where such poor persons reside, shall order and direct, on pain of forfeiting seven dollars for every month they shall fail therein. 13 June 1836 § 25. 2. The father(x) and grandfather, (y) and the mother and grandmother,(z) and P. L. 547. (2) An order cannot be made on a father for the relief of an indigent son of full age, unless he be shown to be of sufficient ability; if his means are not more than adequate to the support of his own family, no such order will be made. Huntingdon v. Krickbaum, 8 Luz. L. Reg. 127. If the father be willing to take and support his children, he is entitled to their custody, and cannot be compelled to pay another for P. L. 547. 18 June 1886 § 23. the children(a) and grandchildren(b) of every poor person, not able to work, shall, at their own charge, being of sufficient ability, relieve and maintain such poor person, at such rate as the court of quarter sessions of the county where such poor person resides, shall order and direct, on pain of forfeiting a sum not exceeding twenty dollars for every month they shall fail therein, which shall be levied by the process of the said court, and applied to the relief and maintenance of such poor(c) per Penalty fixed at $20 per month. 31 March 1812 § 5. 5 Sm. 392. Wife's parents, grandparents, children and grandchildren. Ibid. § 6. Power of poor guardians. son. 3. The husband of every wife, whose father or grandfather, mother or grandmother, children or grandchildren, shall be poor, blind, lame, impotent, or otherwise unable to maintain himself or herself, and being within the said city, district or township, not able to work, shall, if of sufficient ability, at his or their own charges, relieve and maintain every such poor person as the mayor's court for the city, or the court of quarter sessions for the county where such persons reside, shall order and direct, on pain of forfeiting seven dollars for every month he shall fail therein: Provided, That such relief so furnished by such husband shall be demanded only where such husband shall have obtained possession of personal property, or be entitled to the rents and profits of real estate belonging to his said wife, and then only to the extent of the value of such property, so acquired by his marriage. 4. And whereas, It sometimes happens that men separate themselves without reasonable cause from their wives, and desert their children, and women also desert their children, leaving them a charge on the said city, district and township, although such persons may have estates, rights and credits which should contribute to the maintenance of such wives or children: That it shall and may be lawful for the guardians of the poor, in the said city, district and township, having first obtained a warrant or order from [one](d) alderman of the said city, or from two of the justices of the peace of the county, residing in the said district or township where such wife or children shall be so left or neglected, to take and seize so much of the goods and chattels, rights and credits, and receive so much of the annual rents and profits of the lands and tenements of such husband, father or mother, as such alderman or justice shall order and direct for providing for such wife, and for maintaining and bringing up such child or children; which warrant or order, being confirmed at the next mayor's court for the city, or quarter sessions for the county, it shall and may be lawful for the said court there to make an order for the guardians of the poor to dispose of such goods and chattels, rights and credits, by sale or otherwise, or so much of them for the purpose aforesaid as the court shall think fit to receive the rents and profits, or so much of them as shall be ordered by the said court, of his or her lands or tenements, for the purposes aforesaid; and if no real or personal estate, rights and credits of such husband, father or mother can be found, wherewith provision may be made as aforesaid, it shall and may be lawful to, and for the said court to order the payment of such sums as they shall think reasonable for the maintenance of any wife or children so neglected, and commit such husband, father or mother to the common jail, there to remain until he or she husband, father or comply with the said order, give security for the performance thereof, or be otherwise discharged by the said court; and on complaint made to any alderman of the city of Philadelphia, or to any justice of the peace residing in the district of Southwark, or township of the Northern Liberties, of any wife or children there being so neglected, such alderman or justice shall take security from the husband, father or mother, neglecting as aforesaid, for his or her appearance at the next mayor's court or court of quarter sessions there to abide the determination of the said court, and 13 June 1836 § 28. for want of security to commit such persons.(e) 5. If any man shall separate himself from his wife, (g) without reasonable Commitment of mother. Binding over. P. L. 547. their support. Keller v. Commonwealth, 71 P. S. 413. Where a wife deserts her husband, retaining the custody of their children, she cannot, after a divorce, on the ground of such desertion, maintain an action against the father for the maintenance of the child; he being able and willing to receive and support it. Fitler v. Fitler, 33 Ibid. 50. (y) A grandfather is liable for the support of his destitute grandchildren; and therefore he cannot recover the expense from the estate of their deceased father, unless on proof of an express contract. Duffey v. Duffey, 44 P. S. 399. The grandfather of poor and destitute children is liable for their support; the father being out of the jurisdiction of the court. Guardians v. Smith, 4 Clark 60. (z) A municipal corporation is not liable in assumpsit to a grandmother for boarding her minor grandchildren, who were a city charge, except on an express contract. Salsbury v. Philadelphia, 44 P. S. 303; s. c. 4 Leg. & Ins. Rep. 59. (a) Proceedings may be instituted by the directors of the poor to compel a son, who is of sufficient ability pecuniarily, to relieve and maintain his mother. Directors v. Shultz, 2 Chest. 538. (b) The court of quarter sessions has jurisdiction to compel grandchildren to pay the township its expenses for the support of their grandparent, and can make the order relate back to the time they were cited to appear and answer the petition of the overseers. Smith v. Overseers, 42 L. I. 345. (c) This act does not authorize a demand of security, much less a commitment for non-compliance therewith. Dierkes v. Philadelphia, 93 P. Š. 270; James's Appeal, 19 W. N. C. 369. The record must show a petition by some interested person. Ibid. A demurrer to the evidence in proceedings for desertion does not make it a part of the record. Barnes's Appeal, 2 Penny. 511. This (d) By act of 14 April 1853, § 8, P. L. 418. act of 1812 is not repealed by the act 13 June 1836, infra. Guardians v. Nathans, 3 Clark 139. Commonwealth v. Nathans, 2 P. S. 138. (e) The act of 14 March 1814, 6 Sm. 136, relates to proceedings against garnishees. (g) The wife, in such case, is a competent witness to prove the marriage. Guardians v. Nathans, 2 Brewst. 149. A husband who, by cruel usage, compels his wife to withdraw from his habitation, is liable to proceedings for desertion. Directors v. Mercer, 2 Clark 75. cause, (h) or shall desert his children, or if any woman shall desert her children, 18 June 1836 § 28. leaving them a charge upon the district, (i) in any such case, it shall be lawful for P. L. 547. any one magistrate of the county, (k) upon complaint made by the overseers of the Jurisdiction of district, to issue their warrant() to such overseers, therein authorizing them to justice to issue take and seize so much(m) of the goods and chattels, (n) and receive so much of warrant. the rents and profits of the real estate of such man or woman, as, in the judgment of the said magistrate, shall be sufficient to provide for such wife, and to maintain and bring up such children, which sum or amount shall be specified in such warrant; but if sufficient real or personal estate cannot be found,(o) then to take the body of such man (or woman), and bring him (or her) before such magistrate, at a time to be specified in such warrant. Ibid. § 29. 6. It shall be lawful for such magistrate, (p) on the return of such warrant, to require security from such man or woman, for his or her appearance at the next Security for apcourt of quarter sessions of the county, (q) there to abide the order of the court; pearance at court. and for want of such security, to commit such person to the jail of the county. Ibid. § 30. Return to court. Power of the quar 7. The warrant aforesaid shall be returned to the next court of quarter sessions of the county, when it shall be lawful for the said court to make an order(r) for the payment of such sums(s) as they shall think reasonable, for the purpose aforesaid, and therein authorizing the overseers to dispose of the goods and chattels ter sessions. aforesaid,(t) by sale or otherwise, and to collect and receive the rents and profits aforesaid, or so much of either as, in the judgment of the court, shall be sufficient for the purpose aforesaid;(u) but if there be no real or personal estate, it shall be lawful for the court to commit such person to the jail of the county, there to remain until he or she comply with such order, give security for the performance thereof, or be discharged by due course of law. (v) P. L. 78. 8. In addition to the remedies now provided by law, if any husband or father, 18 April 1867 § 1. being within the limits of this commonwealth, (w) has or hereafter shall separate himself from his wife, or from his children, or from wife and children, without Arrest of offenders. reasonable cause, or shall neglect to maintain his wife or children, it shall be lawful for any alderman, justice of the peace, or magistrate of this commonwealth, (x) upon information made before him, under oath or affirmation, by his wife or children,(y) or either of them, or by any other person or persons, to issue his warrant (h) The reasonable cause which relieves a husband from a warrant is only such as will relieve him from the legal duty of maintenance; and he can only be relieved from the maintenance of his wife for reasons or causes that would entitle him to a divorce. Sterling v. Commonwealth, 2 Gr. 162. Commonwealth v. Shaffer, 1 Luz. L. Reg. 221. (i) It is not necessary that a wife and child should be declared paupers, in due form of law, to authorize proceedings against the husband for maintenance. Sterling v. Commonwealth, 2 Gr. 162. (k) By act 14 April 1853, § 8, P. L. 418. This extends to Philadelphia. Guardians v. Klein, 14 Phila. 381. (1) The law considers such desertion as an offence. Commonwealth v. Keeper of the Jail, 4 S. & R. 506. And the defendant is not entitled to notice, previously to the seizure of his property. Overseers v. Smith, 2 S. & R. 363. (m) The warrant must direct how much is to be seized. Guardians v. Picard, 1 S. & R. 239. (n) This does not include " choses in action," which are not liable to seizure under the warrant; but a lease for years is a chattel real, and may be seized. Sterling v. Commonwealth, 2 Gr. 162. Property held upon spendthrift trust is liable for the support of the wife and children of the cestui que trust. Decker v. Directors, 21 W. N. C. 401. Board of Charities v. Moore, 19 Phila. 540. Board of Charities v. Kennedy, 34 W. N. C. 83. (0) To justify a warrant of arrest, it must appear that sufficient real or personal estate of the defendant could not be found. Commonwealth v. Nathans, 2 P. S. 142. Worrell's Case, 61 Ibid. 105. See Guardians v. Nathans, 3 Clark 139. (p) The right to hold to bail given to one magistrate was auxiliary to the proceedings before two justices. Commonwealth v. Nathans, 2 P. S. 139. (9) In Philadelphia, one judge may act in desertion cases, by act 26 March 1846, P. L. 173. See infra, pl. 13. (r) The defendant has a right to prove that he had not deserted his wife, but she had deserted him. Overseers v. Smith, 2 S. & R. 363. A wife who will not live in the home provided by her husband cannot sue him for desertion. Commonwealth v. Jones, 1 Luz. L. Reg. 46. The decree does not affect the rights of creditors. Thomas v. McCready, 5 S. & R. 387. (s) The proceedings are subject to the revision of the supreme court, on certiorari. Overseers v. Smith, 2 S. & R. 363. But not after final decree. Commonwealth v. Nathans, 5 P. S. 124. Such decree is not affected by a subsequent discharge under the insolvent laws, which will only apply to payments then due. Newhouse v. Commonwealth, 5 Wh. 82. (t) It is error, for the quarter sessions, upon the hearing of a defendant, who was bound over to answer a charge of deserting his wife, to order payment of a weekly sum for the support of his wife, and a further weekly sum for the support of his child; the order must be limited to the original charge. Anthony's Appeal, 2 Phila. 155. It is too late, after a hearing on the merits, to set aside the warrant for a mere defect of form. Sterling v. Commonwealth, 2 Gr. 162. (u) They cannot order the sale of stock held by the wife as administratrix. Guardians v. Roberts, 5 S. & R. 112. (v) No appeal lies from the final order of the quarter sessions on the hearing of a desertion case. If the defendant be committed on failure to give security, he is not entitled to be discharged at the expiration of three months' imprisonment. Commonwealth v. James, 142 P. S. 32. Commonwealth v. Baldwin, 149 P. S. 305. (w) Under this act the court has jurisdiction whenever the husband shall neglect to maintain his wife or children, without reference to where the original desertion may have been. Barnes's Appeal, 2 Penny. 511. See Ex parte Bailey, 8 Phila. 485; Demott v. Commonwealth, 64 P. S. 302; Commonwealth v. Wilmarth, 7 Luz. L. Reg. 197. (x) The jurisdiction is not confined to the court of the county where the defendant has his residence. Keller v. Commonwealth, 71 P. S. 413. The wife, having moved into another county, cannot sue her husband there for desertion. His domicil is hers, and the suit must be in the county where the desertion took place. Commonwealth v. Douglass, 15 P. L. J. 308. (y) If the father be really able and willing to maintain his children at home, he is entitled to their custody. Commonwealth v. Demott, 64 P. S. 302. See Commonwealth v. Jones, 1 Luz. L. Reg. 46; Keller v. Commonwealth, 71 P. S. 413. P. L. 78. 18 April 1867 § 1. to the sheriff, or to any constable, for the arrest of the person against whom the information shall be made as aforesaid, and bind him over, with one sufficient surety, to appear at the next court of quarter sessions, there to answer the said charges of desertion. Ibid. § 2. 9. The information, proceedings thereon, and warrant shall be returned to the next court of quarter sessions, (2) when it shall be lawful for said court, after hearing, to order the person against whom complaint has been made, being of sufficient quarter sessions. ability, to pay such sum as said court shall think reasonable and proper, for the Return to court. 9 April 1872 § 1. P. L. 1004. comfortable support and maintenance of the said wife or children, or both, not exceeding one hundred dollars per month, (a) and commit such person to the county prison, there to remain until he comply with such order, or give security by one or more sureties to the commonwealth, and in such sum as the court shall direct for the compliance therewith. (b) 10. It shall be the duty of the aldermen of the city of Philadelphia to return to the city solicitor of said city, on the first Monday of each and every month, all Return to the city recognizances entered into before them by any person or persons charged with solicitor, in Philadelphia. 18 April 1867 § 3. P. L. 78. Costs. Ibid. § 4. 26 March 1846 § 2. P. L. 173. One judge may maintenance or commitment. desertion. 11. The cost of all proceedings by virtue of this act shall be the same as are now allowable by law in cases of surety of the peace, to be imposed in like manner; and all proceedings shall be in the name of the commonwealth; and any wife, so deserted, shall be a competent witness on the part of the commonwealth, and the husband shall also be a competent witness. (c) 12. Should any such person abscond, remove, or be found in any other county of the commonwealth than the one in which said warrant issued, he may be arrested therein, by the said warrant being backed by any alderman or justice of the peace of the county in which such person may be found, as is now provided for backing warrants, by the third section of the act of the thirty-first of March, one thousand eight hundred and sixty. 13. It shall and may be lawful for any one judge of the court of common pleas, holding a court of quarter sessions, to order such husband or father to give security to said guardians, for the payment of such sums of money as the said order security for judge shall think reasonable, for the maintenance of any wife or children so neglected, and commit such husband or father to prison, there to remain until he comply with said order, or be discharged from confinement, under the provisions of the act relating to insolvent debtors, passed June sixteenth, one thousand eight hundred and thirty-six: Provided, That such husband or father shall not be entitled to make application for his discharge, under the said act, until after he shall have been in actual confinement, in pursuance of this said order, for a period not less than three months. 15 April 1869 § 1. P. L. 75. Discharge when insolvent. 14. Whenever the court of quarter sessions of any county in the commonwealth shall, under the second section of the act to which this is a supplement, commit the person complained of to the county prison, there to remain until he comply with their order, or give security, &c., it shall be lawful for the said court, at any time after three months, if they shall be satisfied of the inability of such person to comply with the said order, and give such security, to discharge him from imprisonment.(c) (z) See Commonwealth v. Litzenberger, 39 Leg. Int. 198. (a) The act is confined to a provision for future maintenance. Keller v. Commonwealth, 71 P. S. 413. See, however, Directors v. Shultz, 2 Chest. 538. The court may make an order for maintenance, though the parties have separated by agreement, if the wife has no adequate means of support. Commonwealth V. Orth, 2 Pears. 446. (b) The court may permit the bail to surrender his principal, in discharge of further responsibility. Commonwealth v. Jones, 90 P. S. 431. Ând see Philadelphia v. Owens, 12 W. N. C. 292. Under what circumstances an order for maintenance will be revoked. Commonwealth v. Grau, 13 L. Bar 54. A judgment entered on a bond given to indemnify the guardians of the poor, by a husband who has deserted his wife and family, is a continuing security, which is not lessened by the weekly payments made. Vogel v. Hughes, 2 Miles 379. Past cohabitation, and the father's consent to a marriage, are a good consideration for a bond, conditioned for the proper treatment of the wife, and that the intended husband would not desert her. Wyant v. Lesher, 23 P. S. 338. Proceedings by the guardians of the poor against a husband, to compel him to maintain his wife and children, whom he has deserted, cannot be removed to the supreme court for trial. Commonwealth v. Nathans, 5 P. S. 124. So a writ of error does not lie to proceedings under this act. Barnes's Appeal, 2 Penny. 506. (c) Where a husband is in prison for the failure to support his wife and child, the court, after he has been in prison three months, may refuse to discharge him if satisfied of the ability of the defendant to comply with the order. Commonwealth v. Baldwin, 149 P. S. 305. Commonwealth v. James, 142 P. S. 32. |