1 Sm. 429. ceased, the former governor of the said province, or any other person whomsoever 28 Jan. 1777 § 3. as governor; and so much of every law or act of general assembly as ascertains the number of members of assembly in any county, the time of election and the qualifications of electors; and so much of every act or law of assembly aforesaid, as declares, orders, directs or commands any matter or thing repugnant to, against or inconsistent with the constitution of this commonwealth, is hereby declared not to be revived, but shall be null and void, and of no force nor effect; and so much of the statute laws of England aforesaid, relating to felonies, as takes notice of, or relates to treason, or misprision of treason, or directs the style of the process in any case whatsoever, shall be, and is hereby declared of no force or effect. 4. All the fines and forfeitures granted to the governor of Pennsylvania, by the laws by this act put in force, shall and are hereby declared to be for the use of the state, and shall be paid into the state treasury. (2.) Of the common law. Ibid. § 8. 4 Sm. 382. 5. In all cases where a remedy is provided, or duty enjoined, or anything directed 21 March 1806 § 13. to be done by any act or acts of assembly of this commonwealth, the directions of the said acts shall be strictly pursued; and no penalty shall be inflicted, or any- Acts of assembly thing done agreeably to the provisions of the common law in such cases, further to be strictly purthan shall be necessary for carrying such act or acts into effect. (e) II. Of the pamphlet laws. (1.) Distribution of the laws to public officers. sued. 6 Sm. 417. 6. As soon as the pamphlet laws of this commonwealth shall have been delivered 10 March 1817 § 1. into the office of the secretary of the commonwealth, he shall cause the same to be distributed in the manner following, that is to say, ten(g) copies to the clerk How distributed of the senate for the use of the senate; thirty copies to the clerk of the house of by the secretary. representatives, for the use of the house of representatives; to the governor, one copy; to each member of the legislature, one copy; to the prothonotary of each district of the supreme court, one copy; to the attorney-general, one copy; to each of the judges of the supreme court, one copy; to the secretary of the land office, surveyor and auditor-general, and state treasurer, one copy each; to the president judge of each judicial district of the court of common pleas, one copy; to the clerk of the mayor's court of the city of Philadelphia, twenty copies, one thereof to be delivered to the mayor, one to the recorder, and one to each of the aldermen of said city; to the clerk of the mayor's court of the city of Pittsburgh, seventeen copies, one thereof to be delivered to the mayor, one to the recorder, and one to each of (e) This act was formerly held to extend only to penal actions and indictable offences. Rees v. Emerick, 6 S. & R. 289. But recent decisions have enlarged the sphere of its operation, and it now applies both to civil and criminal proceedings. Murphy v. Morris, 2 M. 63. Wike v. Lightner, 1 R. 290. An indictment for nuisance is not within its provisions, although a statutory remedy be provided. Kelly v. Commonwealth, 11 S. & R. 345. Commonwealth v. Van Sickle, Bright. 69. Nor are actions of trespass quare clausum fregit, for distraining where there is no rent in arrear. Rees v. Emerick, 6 S. & R. 286. And ejectment lies by a mortgage, notwithstanding the act of 1705, giving a remedy by scire facias. Smith v. Schuler, 12 S. & R. 240. So, in conferring on the courts chancery powers, the legislature have not ousted them of their common-law jurisdiction. Aycinena v. Peries, 6 W. & S. 257. The courts will not, however, grant an injunction, where the plaintiff has a complete statutory remedy. Hamersly v. Germantown and Perkiomen Turnpike, 8 Phila. 314. But an indictment for extortion in taking illegal fees is not sustainable. Commonwealth v. Evans, 13 S. & R. 426. Mevay v. Edmiston, 1 R. 457. Nor against a tax-collector for embezzlement. Hellings v. Commontrealth, 5 R. 64. Nor can a person be held to surety of the peace, except in the cases mentioned in the act of 1700. Commonwealth v. Edwards, 1 Ash. 46. The remedy against guardians, &c., is exclusively in the orphans' court. Bowman v. Herr, 1 P. & W. 283. To recover a legacy, charged on land, the provisions of the act of 1834 must be pursued. Downer v. Downer, 9 W. 60. A widow cannot maintain dower, where her husband died seised, and in possession; her sole remedy is in the orphans' court. Thomas v. Simpson, 3 P. S. 60. Taylor v. Birmingham, 29 Ibid. 36. Mussleman's Appeal, 65 Ibid. 480. Gourley v. Kinley, 66 Ibid. 270. (See Bradford v. Kent, 43 Ibid. 474.) Nor can the heirs maintain ejectment against the widow. Seider v. Seider, 5 Wh. 208. Mussleman's Appeal, 65 P. S. 480. Nor a vendee, to enforce specific execution of a parol contract for the sale of land, by a deceased vendor. Myers v. Black, 17 P. S. 193. Weller v. Weyand, 2 Gr. 103. Nor can a distributee maintain an action against the executors of a decedent for his share of the estate. Whiteside v. Whiteside, 20 P. S. 474. Ashford v. Ewing, 25 Ibid. 213. Nor can the regularity and legality of a municipal election be inquired into, except in the mode prescribed by statute. Commonwealth v. Garrigues, 28 P. S. 9. Commonwealth v. Baxter, 35 Ibid. 263. Commonwealth v. Leech, 44 Ibid: 332. Commonwealth v. Loughlin, 20 L. I. 100. Commonwealth v. Barger, Ibid. 101. Commonwealth v. Reed, 18 Pitts. L. J. 131. See Bright. Elect. Cas. 630. And see Brown v. Commonwealth, 3 S. & R. 273. Miles v. O'Hara, 1 Ibid. 32. Commonwealth v. Gillespie, 7 Ibid. 469. Moyor v. Kirby, 14 Ibid. 162. Todd v. Patterson, 17 Ibid. 346. Oliphant y. Smith, 3 P. & W. 180. Fromberger v. Greiner, 5 Wh. 357. Criswell v. Clugh, 3 W. 330. Good v. Good, 7 W. 199. Craven v. Bleakney, 9 W. 19. Spigelmoyer v. Walter, 3 W. & S. 540. Pennock v. Swayne, 6 Ibid. 242. McKinney v. Monongahela Navigation Co., 14 P. S. 66. Rhines v. Clark, 51 Ibid. 96. Blackmore v. Allegheny County, Ibid. 160. Suydam v. Northwestern Insurance Co., Ibid. 394. Phelps's Appeal, 98 Ibid. 546. Commonwealth v. Ridgway, 2 Ash. 252. Commonwealth v. McGowan, 2 Pars. 351. Richboro' Dairymen's Association v. Cornell, 2 Chest. Co. R. 293. This statute was re-enacted as to criminal prosecutions, by the 183d section of the revised penal code, without, however, repealing the original act. See title "Crimes." (g) By act 9 April 1856, § 4, twenty to the senate, thirty to the house, and ten to the state library. P. L. 283. 6 Sm. 417. 10 March 1817 § 1. the aldermen of said city; to the prothonotary of the district court of the city and county of Philadelphia, five copies, one thereof to be delivered to each of the judges of said court; and to the prothonotary of the court of common pleas of each county that now is or may hereafter be erected, such number of copies as shall be equal to the whole number of persons in such county entitled to the same, as hereinafter mentioned, together with an addition of such number of copies as shall be equal to the whole number of persons in such county entitled to the same, as hereinafter mentioned, together with an addition of ten per cent to remain in his office for the purpose of future distribution as occasion may require.(h) 2 March 1827. 9 Sm. 285. 7. The secretary of the commonwealth is hereby authorized and required to purchase and deliver, in the manner the other pamphlet laws are now delivered, District judges and one copy to each district judge not now authorized by law to receive the same, district attorneys. and one copy to the deputy attorney-general of each county in the commonwealth, to be delivered to their successors, in the manner provided by law in the case of 1 Feb. 1827 § 2. 9 Sm. 263. Prothonotaries' statement. 10 March 1817 § 2. 6 Sm. 417. Public notice. Ibid. § 3. How distributed by the prothonotaries. 11 Feb. 1851 § 1. P. L. 124. Public general laws to be separately published. Ibid. § 2. How distributed. Ibid. § 3. State printer may sell additional copies. 18 May 1893 § 1. P. L. 102. other officers. 8. It shall be the duty of the prothonotary of each county, to forward to the secretary of the commonwealth, annually, on or before the 1st day of January, a statement of the number of copies of the laws of each session, authorized by law to be distributed in their respective counties. 9. It shall be the duty of the clerks of the mayors' courts and prothonotaries respectively, as soon as the said laws shall have been received, to give notice thereof in the newspapers, or otherwise, that the same are ready for delivery. 10. The prothonotaries of the respective counties shall distribute the said laws in the following manner, that is to say, one copy to the clerks of the different courts, and the register and recorder (if the offices are divided), one to each of the associate judges, one to the board of commissioners, and one copy to each justice of the peace, sheriff and deputy-surveyor: Provided, That before any such prothonotary shall deliver any copy as aforesaid, he shall take a receipt, in a book to be kept for that purpose, from the person receiving the same, enjoining it upon such person to deliver the same to his successor in office. 11. It shall be the duty of the secretary of the commonwealth, in the publication of the pamphlet laws, immediately after the adjournment of each legislature, to select all acts and parts of acts which are of a general nature and applicable to the entire state, and cause one thousand copies thereof to be published in pamphlet form, as speedily as possible, under and in accordance with the existing laws regulating the public printing.(i) 12. Immediately after the publication as aforesaid, the secretary shall forward by mail one copy of the said pamphlet to each law and associate judge, each prothonotary and each district attorney in the state, and five copies to each member of the legislature, for distribution, retaining such number, not exceeding one hundred, as may be deemed necessary for the use of the officers of government. 13. It shall be lawful for the state printer to publish and sell such additional number of copies of said pamphlet as he may deem proper: Provided, That no such sale shall be made until the copies published for the state are delivered to the secretary, and distributed. 14. It shall be the duty of the secretary of the commonwealth of Pennsylvania, within ten days after the signing of any bill by the governor whereby it becomes Copies to be trans- a law, to transmit by mail one copy of said law to the prothonotary of each court mitted to prothon- of common pleas in the state, said laws to be in uniform unbound leaves and consecutively numbered. otaries. Ibid. § 2. To be kept on file. 10 April 1835. P. L. 434. 15. It shall be the duty of the prothonotaries of said courts to file and keep in their respective offices such copies of the laws for a period of one year from the date of the reception of the first of the said laws enacted in one year in such manner that they shall be accessible to the public during the office hours of the said prothonotaries: Provided, That this act shall not effect existing laws relative to the printing and distribution of the pamphlet laws. (2.) Of subscriptions for the laws by citizens. 16. The treasurers of the several counties within this commonwealth are hereby directed to advertise in one or more newspapers, published in the respective county, County treasurers during the three first weeks of December, in every year, that they will receive subscriptions for the pamphlet laws of this commonwealth: Provided, The laws so subscribed for, shall be distributed agreeably to the provisions of the resolution, passed the 2d day of March 1827, entitled "A resolution for the further distribution of the pamphlet laws of this commonwealth.” to advertise for subscriptions to the laws. (h) By resolution of 27th March 1819, one copy to be presented to each of the judges and clerks of the circuit and district courts of the United States, for the districts of Pennsylvania. P. L. 288. By act 24th March 1818, three copies to the executives of each state and territory; and one copy to each member of the legislature. P. L. 277. By act 5th February 1820, 44 9 Sm. 285. tion-lists to the 17. Any citizen of this commonwealth, who may be desirous of purchasing a 2 March 1827. copy of the pamphlet laws, passed at the present or any succeeding sessions of the legislature, half bound, shall, upon payment of fifty cents, enter his name in a Citizens may subbook to be kept for that purpose, with the treasurer of the proper county; and it scribe. shall be the duty of each of the treasurers of the respective counties, to transmit Treasurers to true copies of the lists of such applicants for the pamphlet laws of the present transmit subscripsession, to the secretary of the commonwealth, on or before the 1st day of April secretary. 1827, and true copies of such lists on or before the 1st Monday in January, annually thereafter; and the secretary of the commonwealth is hereby required to forward to the respective treasurers of the counties, the number of the copies of the And the requisite laws, half bound, subscribed for with the respective treasurers, at the price of fifty number to be forcents per copy, for printing and binding; the total amount of which to be paid for by warrants on the treasury, drawn by the governor in the usual manner. warded to them. the same. 18. On the receipt of the said copies of the laws, by each county treasurer, he Treasurers to give shall give notice thereof in one newspaper printed in the place nearest his resi- public notice of the receipt of the dence, and shall, on being applied to, deliver the copies to the persons who shall laws and to achave subscribed for the same. And the county treasurers respectively shall, on count annually for or before the 2d Tuesday of December, in each year, render an account, under oath or affirmation, to the auditor-general of the number of copies of the laws distributed by them, in conformity hereto, and pay over to the state treasurer, all moneys received by them respectively, from the sales thereof, deducting therefrom a commission of five per cent and the costs of publication. sation. 19. If any treasurer shall neglect or refuse to render his account to the auditor- In default to regeneral for settlement, and pay over the full amount of the money received by ceive no compenhim to the state treasurer, and to perform all the other duties enjoined on each of the said treasurers, he shall not be allowed any compensation or commission. 20. The price to be received by the secretary of the commonwealth, for the vol- 16 May 1878 § 1. umes of pamphlet laws of this commonwealth by him sold, as now provided by law, shall hereafter be as follows, viz. : For volumes of less than one hundred and fifty pages, forty cents each; For volumes exceeding one hundred and fifty pages, and less than three hundred pages, sixty cents each; For volumes exceeding three hundred pages, one dollar each and so much of any act as is inconsistent herewith, is hereby repealed. III. Of the enrolment tax.(k) P. L. 54. Price of pamphlet laws. 1 May 1868 § 1. P. L. 106. 21. No private act of assembly() hereinafter described and taxed, shall be enrolled in the office of the secretary of the commonwealth, or published, or have the force and effect of law, until the party asking or requiring the same shall have Private acts to pay paid into the treasury of the commonwealth the following sums, to wit: enrolment tax. banks. 22. On every act incorporating, or extending or renewing the charter of any Acts incorporating bank, with a capital not exceeding two hundred thousand dollars, the sum of two hundred dollars. With a capital over two hundred thousand dollars, and not exceeding four hundred thousand dollars, four hundred dollars. With a capital over four hundred thousand dollars, and not exceeding six hundred thousand dollars, the sum of five hundred dollars. With a capital over six hundred thousand dollars, and not exceeding one million dollars, eight hundred dollars. With a capital over one million dollars, the sum of one thousand dollars. On every act chartering, or renewing or extending the charter of any savings Savings instituinstitution, bank of deposit or safe-deposit company, the sum of one hundred tions, &c. dollars. 23. On every act incorporating or rechartering any iron, coal, manufacturing, Manufacturing and mining, warehousing or oil company, or conferring any of these rights or privimining companies. leges upon any existing corporation, the sum of two hundred dollars; and in all cases heretofore enumerated, where the chartered privileges are given for a longer period than twenty years, the amounts respectively shall be double the rates above specified. 24. On every act for the incorporation of any canal, railroad, transportation, Canal and railroad companies. telegraph, boom, general express, steam-vessel, lumber or exploring company, or for insurance, except mutual insurance companies, the sum of one hundred dollars; and the like sum on every bill conferring any of these powers or privileges on any existing corporation; and in all cases hereinbefore mentioned, where the same act confers the necessary powers or privileges of two or more of said corporations, the same taxes shall be imposed as if such powers or privileges had been conferred by separate enactments: Provided, That authority to construct a railroad (k) See Const. of 1874, art. 3, § 7, prohibiting special and local legislation. (1) If an enactment of a public nature be incorporated in a private statute, the part which is public should be enrolled and published, notwithstanding the non-payment of the enrolment tax. Peterman v. Huling, 31 P. S. 432. 1 May 1868 § 1. P. L. 106. Express companies. New counties. Divorce. Other private acts. Tax to be paid within one year. not exceeding ten miles in length, when necessary to the enjoyment of other privileges conferred, shall not subject such act to any additional tax. 25. On every act for the incorporation of any local express, transfer, ferry, improvement, navigation, land or market company, the sum of fifty dollars. 26. On every act for the erection of a new county, the sum of five hundred dollars; but in case the question of the erection of such new county shall be submitted to a popular vote, and decided against the same, said tax shall be refunded by the state treasurer to the person or persons who shall have paid it.(m) 27. On every act for divorce from the bonds of matrimony, passed on the application of the husband, the sum of one hundred dollars; if on the application of the wife, the sum of fifty dollars. 28. On every private act not hereinbefore enumerated or described, except for the incorporation of or relating to churches, colleges, schools, school-districts, library associations, pensions, gratuities, soldiers' monuments, cemeteries, private claims not exceeding one hundred dollars, turnpike and plank-road companies, agricultural societies, soldiers' homes, hospitals or other charitable or benevolent associations, the sum of twenty dollars. 29. On every private act of assembly heretofore passed or which shall hereafter be passed, and which shall be subject to enrolment tax as herein provided, said tax shall be paid within one year after the approval thereof by the governor, or his failure to return the same to the legislature as required by the last clause of the Otherwise act to be twenty-third section of the first article of the constitution; and in default of payment as aforesaid, every such enactment shall thereafter be null and void; and the time for paying the enrolment tax upon all acts heretofore passed, upon which the enrolment tax has not been paid, is hereby extended for the period of one year from the passage of this act.(n) void. 18 May 1807 § 1. P. L. 499. IV. Applications for private acts. 30. When any person or persons, either in their own right or in the right of others, any bodies corporate or association of persons for any purpose whatsoever, Public notice to be who are interested in the title, sale, rents, issues or profits of lands in this commongiven of applica- wealth, shall apply to the legislature for the passage of any law relating thereto, tions for legislation such person or persons, bodies corporate or association of persons, shall give notice affecting real of the nature of such intended application, by six publications in one newspaper published in the county or city where such lands lie, the last of which shall be at least ten days previous to such application, and shall file with the bills or petitions the evidence of such publication: Provided, That if there is no paper published in the county where such lands lie, then the publication required shall be made in an adjoining county. estate. 31. Every application to the legislature for any act of incorporation, shall be preceded by a public notice or advertisement of the same in two newspapers in the city or county for which the legislation is demanded, or in which the parties applying for it reside, if two newspapers are published in said city or county, and if there be not two newspapers published therein, then in one newspaper, if one is published therein; which said public notice or advertisement shall set forth the names of the commissioners or corporators to the bill or proposed legislation, and its title; and the same shall be published or advertised in said papers before the bill or proposed law shall be presented to either branch of the legislature. 32. No local or special bill, either to repeal or enact a law, shall be passed by the legislature, unless notice of the intention to apply therefor, shall be published in the locality where the matter or thing to be affected may be situated, which notice shall state specifically the title and objects of the bill, and shall be published, by not less than four insertions, in at least two daily or weekly newspapers, one of which may be in a language other than English, once a week, for four consecutive weeks, printed in the county, or in each of the several counties, where such matter or thing to be affected may be situated; the first insertion to be at least thirty days prior to, and within three months immediately preceding, the introduction of such bill into the general assembly, and be signed by at least one of the parties applying therefor: Provided, That the publication in one newspaper shall be deemed sufficient, where but one is published in the county or counties aforesaid. 33. The evidence of the publication aforesaid shall be, by attaching to a bill a copy or copies, as the case may be, of said notice, verified by the affidavit of the (m) One who voluntarily pays the enrolment tax on an act erecting a new county, cannot recover it back from the county, when organized. Meylert's Executors v. Sullivan County, 19 P. S. 181. (n) By act 17th April 1869, P. L. 69, the time was extended for one year from the 1st May 1868; and the provisions of this section were extended to all acts passed prior to 1st May 1868. By act 14th April 1870, P. L. 75, the time was further extended for one year from the 1st May 1870; and its provisions extended to all acts passed prior to 1st May 1869. By act 3d May 1871, P. L. 249, the time was further extended for one year from the 1st May 1871, and its provisions extended to acts passed prior to 1st May 1870; and by act 3d April 1872, P. L. 39, the time was further extended for one year from the 1st May 1872, and its provisions extended to acts passed prior to 27th May 1872. P. L. 43. owner, publisher, editor or foreman of each of the several newspapers in which 12 Feb. 1874 § 2. said notice is by this act required to be published, of due compliance with the preceding section. Ibid. § 3. 34. When such local or special bill shall affect any matter or things situated in any city or borough, said publication shall be in two of the newspapers published Legislation for in said city or borough, if so many there be; and if there be but one, a publication cities and in that one shall be deemed sufficient; if there be no newspaper published in said boroughs. city or borough, then by publication in the newspaper or newspapers of the county in which said city or borough is located, as provided in the first section of this act. V. Compilations of Laws. P. L. 129. 1700 to 1800 for 35. The commissioners appointed under the authority of the resolution of Jan- 19 May 1887 § 1. uary twenty-third, one thousand eight hundred and eighty-three, be and they are hereby authorized to prepare for publication the text of the statutes passed, Commissioners general and special, from the year one thousand seven hundred to the year authorized to preeighteen hundred, with such of the opinions of the attorneys-general of Great are laws from Britain, orders of the privy council, in relation to the repeal of acts passed by the publication. colonial assembly, and such other illustrative matter as to the said commissioners may seem appropriate. For the purposes of this act, the commissioners shall To have access to have access to and temporary possession of the books of record and other material records. in the possession of the commonwealth, necessary to the performance of their duties. Ibid. § 2. 36. Upon notification by the commissioners that the text of said laws is prepared, the secretary of the commonwealth is authorized and directed to cause Secretary of the the said laws to be printed and published by the state printer, under the direction commonwealth to and supervision of the commissioners, in the same general style as to paper, print, print and publish. et cetera, as the edition of the laws of Maryland, published by that state under Style, &c. the supervision of the historical society, in one thousand eight hundred and eighty-one. There shall be printed of each volume (if more than one volume shall Number of copies. be required), five thousand copies, which shall be distributed as follows: Five Distribution. copies to each member of the senate and house of representatives and the clerks thereof; five copies to the governor and to the heads of the several state departments; five copies to each of the commissioners; ten copies to the state library, and five copies to the historical society of Pennsylvania; the remaining copies shall be sold, under the direction of the secretary of the commonwealth, and the proceeds go into the state treasury, and be applied to meet in part the expenses of said publication. Sale. 3 June 1893. P. L. 283. pensation. 37. The said commissioners shall receive no compensation for their own services, but are authorized to employ such clerical aid as may be necessary, and the sum of four thousand five hundred dollars a year, for a period not exceeding four years Commissioners to from and after the passage of this act, is hereby appropriated for clerk hire and receive no comtravelling expenses, provided that the same shall complete the work, the sums to be paid by the state treasurer, from time to time upon warrants drawn by the auditor-general upon certificates of the commissioners of the services performed, approved by the secretary of the commonwealth, and filed in the office of the auditor-general.(0) Clerical aid. 29 May 1893 § 1. P. L. 179. 38. The sum of one thousand dollars, or so much thereof as may be necessary, be and the same is hereby specifically appropriated, out of any money in the treasury not otherwise appropriated, for the compilation, revising, proof-reading, copy- Compilation of ing, classifying, indexing and digesting, of all the general corporation laws of corporation laws. Pennsylvania, from one thousand eight hundred and seventy-four to one thousand eight hundred and ninety-three, inclusive. Said compilation also to include the act regulating railroad companies, approved February nineteenth, one thousand eight hundred and forty-nine, and all subsequent acts of assembly, and from that time to the year one thousand eight hundred and ninety-three which refer to such corporations. Ibid. § 2. 39. That said compilation shall be made by the corporation department of the state department, and the sum hereby appropriated shall be settled by the auditor- who shall make general and state treasurer on the presentation of the proper specifically itemized compilation. vouchers upon the completion of the work. 40. That three thousand copies of said compilation shall be printed and bound Ibid. § 3. in cloth, and the head of each department of the state, each member of the present Copies to be senate and each member of the present house of representatives, shall be entitled printed, bound to a copy of the same, and the balance shall be deposited in the office of the secretary of the commonwealth and sold for one dollar a copy, and the proceeds thereof turned into the state treasury. and distributed. (0) This is an amendment of act 19 May 1887, § 3, P. L. 129. 6 |
