P. L. 276. 27. A printed copy of this act shall be furnished by the inspector for each work 8 June 1893 § 18. room of every factory, manufacturing or mercantile house, where persons are employed who are affected by the provisions of this act, and it shall be the duty Inspector shall furnish printed copies of the employer of the people employed therein to post and keep posted said printed of act to factories. copy of the law in each room. 28. All the acts or parts of acts inconsistent with the provisions of this act are Ibid. § 19. hereby repealed. Approved the twentieth day of May, Anno Domini one thousand eight hundred and eighty-nine. Repealing clause. FACTORS. See BAILEES; BROKERS; COMMON CARRIERS; CRIMES; LIENS. 1. In what cases consignees to have a lien. 2. To have no lien where they have notice the consignor is not owner. 3. Persons advancing money on pledge of goods by factor, without notice of the ownership, to acquire the same interest as if the factor were the owner thereof. 4. If with notice, to acquire the same interest as the factor had against his principal. 5. Lien for expenses to remain as heretofore. Owner may recover goods not pledged, from factor or his assignees, in case of insolvency. And may redeem goods pledged by factor; or recover the overplus of the proceeds thereof. 1. Whenever any person intrusted with merchandise, and having authority to 14 April 1884 § 1. sell or consign the same, shall ship or otherwise transmit the same to any other person, such other person shall have a lien thereon :(c) P. L. 375. I. For any money advanced (d) or negotiable security given by him on the faith signees to have a of such consignment, to or for the use of the person in whose name such merchandise was shipped or transmitted. II. For any money or negotiable security received for the use of such consignee, by the person in whose name such merchandise was shipped or transmitted. Ibid. § 2. 2. But such lien shall not exist for any of the purposes aforesaid, if such consignee shall have notice, by the bill of lading or otherwise, before the time of such advance or receipt, that the person in whose name such merchandise was shipped where they have or transmitted is not the actual owner thereof. To have no lien, notice. Ibid. § 3. Persons advancing money on pledge acquire the same 3. Whenever any consignee or factor, having possession of merchandise, with authority to sell the same, or having possession of any bill of lading, permit, certificate, receipt or order for the delivery of merchandise, with the like authority, shall deposit or pledge such merchandise, or any part thereof, with any other per- of goods by factor, son, as a security for any money advanced or negotiable instrument given by him without notice, to on the faith thereof; such other person shall acquire, by virtue of such contract, interest as if the the same interest in and authority over the said merchandise as he would have factor were the acquired thereby, if such consignee or factor had been the actual owner thereof: Provided, That such person shall not have notice by such document, or otherwise, before the time of such advance or receipt, that the holder of such merchandise or document is not the actual owner of such merchandise.(e) owner thereof. Ibid. § 4. 4. If any person shall accept or take such merchandise or document from any such consignee or factor, in deposit or pledge for any debt or demand previously If with notice, to due by or existing against such consignee or factor, and without notice as afore- acquire the same said, and if any person shall accept or take such merchandise or document from interest as the facany such consignee or factor, in deposit or pledge, with notice or knowledge that tor had against his principal. the person making such deposit or pledge is a consignee or factor only, in every such case, the person accepting or taking such merchandise or document in deposit or pledge, shall acquire the same right and interest in such merchandise as was possessed or could have been enforced by such consignee or factor against his principal, at the time of making such deposit or pledge, and no further or other right or interest. (c) See Mechanics' and Traders' Bank v. Farmers' and Mechanics' Bank, 60 N. Y. 40. Howland v. Woodruff, Ibid. 73. Bank of Toledo v. Shaw, 61 Ibid. 283. Marine Bank v. Fiske, 71 Ibid. 353. Comer v. Cunningham, 77 Ibid. 391. Hazard v. Fiske, 83 Ibid. 287. (d) One who has consigned goods to a factor and received an advance thereon, may, subsequently, limit the prices at which they should be sold. Loraine v. Cartwright, 3 W. C. C. 151. Marfield v. Goodhue, 3 N. Y. 67-78; s. c. 1 Sand. S. C. 360. But the consignee may sell to repay advances, after calling on the principal for reimbursement, unless there be an agreement between them, which controls or varies the right. Porter v. Patterson, 15 P. S. 234. Such agreement may arise from accepting the consignment, accompanied by an order as to the sale. Brown v. McGran, 14 Pet. 479. The existence of a usage to sell to repay advances, will not control an express contract between the parties as to the sale of the goods; and that the sale, in violation of orders, was made in good faith, is not a valid excuse. Porter v. Patterson, 15 P. S. 229. If the consignor stand ready to repay the advances, he may control the sale. Brown v. McGran, 14 Pet. 479. And see Geyer v. Decker, 1 Y. 486. Hemphill v. Chenie, 6 W. & S. 62. Steinman v. Wilkins, 7 Ibid. 466. Smedley v. Williams, 1 Pars. 359. Penn v. Vilmar, 54 How. Pr. 235. If a consignee pledge the goods consigned to him for sale, to one who has knowledge of the ownership, the owner cannot recover in replevin, without a tender of repayment of the loan. Macky v. Dillinger, 37 P. S. 85. (e) See Navulshaw v. Brownigg, 1 Sim. (N. S.) 573; s. c. DeG., M. & G. 441. 14 April 1834 § 5. P. L. 875. 5. Nothing in this act contained shall be construed or taken: I. To affect any lien which a consignee or factor may possess at law, for the Lien for expenses expenses and charges attending the shipment or transmission and care of merchandise consigned or otherwise intrusted to him. to remain. Owner may re cover goods from factor or his assignees. And may redeem factor. II. Nor to prevent the actual owner of merchandise from recovering the same from such consignee or factor, before the same shall have been deposited or pledged as aforesaid, or from the assignees or trustees of such consignee or factor, in the event of his insolvency. III. Nor to prevent such owner from recovering any merchandise so as aforegoods pledged by said deposited or pledged, upon tender of the money, or of restoration of any negotiable instrument so advanced or given to such consignee or factor, and upon tender of such further sum of money, or of restoration of such other negotiable instrument, if any, as may have been advanced or given by such consignee or factor to such owner, or on tender of a sum of money equal to the amount of such instrument. Or recover the overplus of the proceeds thereof. IV. Nor to prevent such owner from recovering, from the person accepting or taking such merchandise in deposit or pledge, any balance or sum of money remaining in his hands, as the produce of the sale of such merchandise, after deducting thereout the amount of money or the negotiable instrument so advanced or given upon the security thereof as aforesaid. FAIRMOUNT PARK. I. COMMISSIONERS OF FAIRMOUNT PARK. 1. Organization of commission. 26 March 1867 § 2. P. L. 548. Organization of commissioners. IV. PARK PROPERTY. 28. Title vested in the city of Philadelphia. 30. Robert's hollow drive. 31. Appropriation of the shores of Wissahickon creek. 32. Title vested in the city. 33. Certain ground released. 34. Grounds taken, to be subject to jurisdiction of the city and its commissioners. 35. May vacate and open streets. Exceptions. 36. Survey of certain portion of twenty-fourth ward to be revised. Avenues to be laid out. 37. Jurisdiction extended to footways. Regulations. 38. Adjustment of boundaries. Compensation. 40. Manufactories may be excluded. 42. Commissioners may exclude property not yet paid for. 43. Hunting park transferred to commissioners. 44. Bristol street. 45. Adjustment of boundaries, and exchange. 46. Cresson legacy transferred. V. PARK RULES. 47. Park rules established. 50. Violators of rules to be liable in damages. License to be forfeited. Leases. 51. Duty of park guard to arrest. VI. POWERS AND DUTIES OF COUNCILS. 53. To maintain and keep open Fairmount park. No railroad to be constructed therein. 54. May widen and straighten approaches. 55. May confer on park commissioners the care of other grounds. 56. To provide moneys for Hunting park. I. Commissioners of Fairmount park. 1. The mayor, the presidents of the select and common councils, commissioners of city property, the chief engineer and surveyor, and the chief engineer of the water-works of said city, together with ten citizens of said city, who shall be appointed for five years ** by the courts of common pleas of said city, be and the same are hereby constituted commissioners of said park; they shall organize annually, on the first Monday of June, by the election of a president, but they shall receive no compensation for their services as commissioners: Provided, That whenever a vacancy shall occur in that part of the said commissioners appointed by the courts, the court from which the appointment is made shall fill the va- 26 March 1867 § 2. cancy.(g) II. Powers and duties. P. L. 548. Ibid. § 4. 2. The commissioners, after they shall have secured possession of the ground, shall adopt a plan for the improvement and maintenance thereof, and shall have To adopt plan for powers to proceed with the same, and all moneys expended shall be under their improvement and supervision, but no contracts shall be made for said improvement unless an appro- maintenance. priation therefor shall have been first made by the councils of said city. Ibid. § 5. 3. As soon as the said commissioners shall have fully organized, they shall have the care and management of Fairmount park on both sides of the river Schuylkill, To have care and and all plans and expenditures for the improvement and maintenance of the same management of shall be under their control, subject to such appropriations as councils may from Fairmount park. time to time make as aforesaid. 4. The said park commissioners shall, from time to time, appoint such officers, 14 April 1868 § 12. agents, and subordinates as they may deem necessary, for the purposes of this act P. L. 1087. and the act to which this is a supplement; and they shall prescribe the duties and officers and emthe compensation to be paid them. ployés. 5. It shall be lawful (h) for said park commissioners to acquire title to the whole Ibid. § 13. of any tract of land, part of which shall fall within the boundaries mentioned in Power to acquire the first section of this act, and to take conveyance thereof in the name of the city and sell land. of Philadelphia; and such part thereof as shall lie beyond or [without](i) the said park limits, again to sell and convey in absolute fee-simple to any purchaser or purchasers thereof, by deeds to be signed by the mayor, under the seal of the city, to be affixed by direction of councils, either for cash, or part cash and part to be secured by bond and mortgage to the city, paying all cash into the city treasury: Provided, That the proceeds of such sales shall be paid into the sinking fund for the redemption of the loan created under the provisions of this act: Provided also, That no commissioner, nor any officer under the park commission, shall in anywise be directly or indirectly interested in any such sale of lands by the commissioners as aforesaid; and if any commissioner or officer aforesaid shall act in violation of this proviso, he shall, if a commissioner, be subject to expulsion; if an officer, to be discharged, by a majority of the votes of the board of park commissioners, after an opportunity afforded of explanation and defence. 6. The said board of commissioners shall annually hereafter, in the month of [January], make to the [councils] (k) of the city of Philadelphia a report of their proceedings, and a statement of their expenditures for the preceding year. Ibid. § 14. Annual report. Ibid. § 15. Power to lease Ibid. § 16. 7. The said park commissioners shall have exclusive power to lease, from year to year, all houses and buildings within the park limits, which may be let without prejudice to the interests and purposes of the park, by leases to be signed by their houses and buildpresident and secretary, and to collect the rents and pay them into the city treasury. ings. 8. All houses and buildings now built, or to be built, on any part of the park grounds, by or for boat or skating clubs, or zoological or other purposes, shall be taken to have rights subordinate to the public purposes intended to be subserved by acquiring and laying out the park, and shall be subject to the regulations of said park commissioners, under licenses which shall be approved by the commission, and signed by the president and secretary, and will subject them to their supervision and to removal, or surrender to the city, whensoever the said commissioners may require. Club-houses. Ibid. § 47. 9. The said park commissioners shall have power to accept, in the name and behalf of the city of Philadelphia, devises, bequests, and donations of lands, moneys, Power to accept objects of art and natural history, maps and books, or other things, upon such devises and donatrusts as may be prescribed by the testator or donor: Provided such trusts be satis- tions. factory to the commission, and compatible with the purposes of said park. (g) See § 12, act 14 April 1868. P. L. 1087. (h) The park commissioners may maintain a bill in the name of the city for polluting the waters in the park. City v. Carmany, 18 W. N. C. 152. Philadelphia v. Germantown Passenger Railway Co., 31 L. I. 380. Under the act 8 April 1846, P. L. 272, an injunction will not lie to restrain the prosecution of a public work (such as a public park), until the question of title and damages has been tried at law. Wolbert v. Philadelphia, 48 P. S. 439. Philadelphia and Reading Railroad Co. v. Philadelphia, 8 Phila. 284. Flanagan v. Philadelphia, Ibid. 110. Windrim v. Philadelphia, Ibid. 361. Wheeler v. Rice, 83 P. S. 232. The omission of the city of Philadelphia to fence the park highway along the Schuylkill river, near the bridge of the connecting railway, is such negligence as renders the city liable for the consequences of an accident resulting therefrom. Hey v. Philadelphia, 81 P. S. 44. The authority of a person professing to act as agent of the park commission cannot be inferred from circumstances, as in ordinary cases; a legal appointment must be shown. Clendenon v. Philadelphia, 36 L. I. 164. A lien cannot be filed against park property. War Op. 1886, 87. 93. (i) So amended by act 27 January 1870, § 2. P. L. The price agreed to be paid by the park commissioners, for land purchased outside the limits of the park, does not bear interest. Millick v. Philadelphia, 2 W. N. C. 651. Where land is taken for the park under eminent domain, shutting off from the highway the part not taken, the owner has no right of way by implication, such as he might have had, had he been the grantor in the usual sense of the term. Prowattain v. City, 14 April 1868 § 18. P. L. 1057. 10. None of the park commissioners, nor any person employed by them, shall have power to create any debt or obligation to bind said board of commissioners, Debts and obliga- except by the express authority of the said commissioners at a meeting duly tions. Ibid. § 19. Power to govern and manage the park improve ments. Ibid. § 20. May license passenger railway. Ibid. § 23. License charges, fees, fines, &c. 21 April 1869 § 1. P. L. 1194. May prevent the convened. 11. The said park commissioners shall have the power to govern, manage, lay out, plant and ornament the said Fairmount park, and to maintain the same in good order and repair; and to construct all proper bridges, buildings, railways and other improvements therein, and to repress all disorders therein under the provisions hereinafter contained. 12. The said park commissioners shall have authority to license the laying down, and the use for a term of years, from time to time, of such passenger railways as they may think will comport with the use and enjoyment of the said park by the public, upon such terms as said commissioners may agree; all emoluments from which shall be paid into the city treasury. 13. All rents, license charges and fees; all fines, proceeds of sales, except of lands purchased, and profits of whatsoever kind to be collected, received, or however realized, shall be paid into the city treasury, as a fund to be exclusively appropriated by councils for park purposes, under the direction of said commission: Provided, That moneys or property given or bequeathed to the park commissioners upon specified trusts shall be received and receipted for by their treasurer, and held and applied according to the trusts specified. 14. It shall be lawful for the Fairmount park commissioners, in the name of the city of Philadelphia, to prevent and restrain the damage or the destruction of any trees and shrubbery upon any premises within the bounds described for the destruction of trees Fairmount park by the supplement to the act creating said park, approved the fourteenth day of April, one thousand eight hundred and sixty-eight, although the compensation to the owners may not have been assessed or paid. and shrubbery. Ibid. § 7. Officers not to receive compensa tion from persons having claims. 26 March 1867 § 3. P. L. 549. Ascertainment of damages for prop erty taken. 14 April 1868 § 9. P. L. 1086. Owners to be com 15. No park commissioner, and no solicitor acting for said commission, and no person exercising any office, or holding any appointment under such commission, shall receive, either directly or indirectly, any compensation for any service rendered to any party having any claim of any kind, whether for land damages, or in any other manner arising against said commission, or the city, excepting only the proper salary or compensation, if any, attached to his office, and any offence against the provisions of this section shall be deemed a misdemeanor, and punishable by expulsion from office. III. Damages. 16. The owners of the said ground by the first section of this act appropriated for public purposes, shall be paid for the same by the city of Philadelphia, according to the value which shall be ascertained by a jury of [six]() disinterested freeholders, to be appointed(m) by the court of quarter sessions of said city, upon the petition of said commissioners; and if the said commissioners shall delay petitioning as aforesaid for the period of sixty days after notice given of their taking possession of said ground, then said jury shall be appointed upon the petition of any person whose property shall be so taken: Provided, however, That in any case the said commissioners may negotiate and agree(n) with the owners of any part of said ground as to the price thereof, and said price shall be reported to the said court of quarter sessions, and if confirmed and approved by said court, shall be conclusive upon said city: And provided further, That whenever it shall be necessary to have recourse to a jury to assess the damages for any property to be taken as aforesaid, (o) said jury shall proceed and their award shall be reviewed and enforced in the same manner as provided by law in the opening of roads in the city of Philadelphia. 17. The said park commissioners or jury who shall assess the compensation to the owners for the ground taken, shall ascertain and make compensation for buildings, as well as the ground taken; but all buildings and machinery and pensated for build- fixtures not required by the park commission, shall be removed by the owners thereof whenever payment of the compensation awarded them shall be made or tendered to them; and upon such payment or tender, the park commissioners shall forthwith take possession of the premises.(p) ings. Ibid. Notice to owners 18. If any owner or lessee of ground taken cannot be found, notice of the taking and valuation of his land shall be given by advertisement in two daily papers. by advertisement. published in Philadelphia, six times, and in the Legal Intelligencer twice; and the amount awarded in such case to the owner or lessee shall remain in the city treasury, until such owner shall produce the decree of the court having jurisdiction in the premises, ordering the said moneys to be paid to him or his legal representatives. 19. 25. (1) By act 14 April 1868, § 10, P. L. 1083, infra, pl. (m) See act 27 January 1870, § 3, P. L. 93, infra, pl. (n) The price of land taken by agreement with the commissioners bears interest from the date of the confirmation of their report. Miskey v. Philadel- (0) See act 15 June 1871. P. L. 391. P. L. 1086. 19. The said commissioners and jury may make partial or special reports, from 15 April 1868 § 10. time to time, to the court, as they may be ready to do so, and the court may act upon such reports separately; and the powers of the jury shall continue, unless Reports of comlimited by the court, or they be required by the court to make report, until they missioners and shall have reported on all the cases on which they have been appointed, although jury. a term or terms of the court shall have intervened; and jurors, not to exceed six in number, may be appointed upon one or more cases, according to the order of the court made; and whenever any report of the said commissioners or of the jury shall have been confirmed by the court, the valuation made shall be forthwith payable by the city of Philadelphia. 20. It shall be lawful for the court of quarter sessions of Philadelphia county to confirm the partial or special reports of park juries, and to order payment by the city of Philadelphia of the damages awarded to one or more owners of lands from time to time. (q) 27 Jan. 1870 § 1. P. L. 93. Partial reports may be confirmed. 21. In all cases of the appropriation of land for public use, other than for roads, streets or highways, it shall not be lawful to assess, apportion or charge the whole or any portion of the damage done to or value of the land so appropriated, to, Benefit not to be among or against the other property adjoining or in the vicinity of the lands so assessed. appropriated, nor the owners thereof; and all acts, or parts of acts, inconsistent herewith, are hereby repealed. 22. The damages for ground and property taken for the purpose of this act shall 14 April 1868 § 26. be ascertained, adjusted and assessed in like manner as is prescribed by the act to which this is a supplement. P. L. 1086. Proceedings to assess damages. 21 April 1869 § 4 P. L. 1194. assessed. 23. It shall be lawful for the said park commission, after having given sixty days' notice of an intention so to do, to take actual possession of any lands or property included within the boundaries of the park, although the compensation or Possession may damages for the said grounds or property may not have been assessed or paid; and be taken before the city of Philadelphia shall thereupon become liable for the payment of the com- damages are pensation or damages which may be awarded for taking such grounds, as of the date when said grounds and property were actually taken into possession, and with interest from such date: Provided, That before any such notice be given, as hereinabove provided, the said park commissioners shall have made an application to the court for the appointment of a jury according to the provisions of law. 24. It is the true intent and meaning of the act, entitled "An act appropriating ground for public purposes in the city of Philadelphia," approved March twentysixth, one thousand eight hundred and sixty-seven, and of the supplements thereto, passed April fourteenth, one thousand eight hundred and sixty-eight, and of the provisions of this further supplement, that no interest shall be allowed on damages for ground taken, up to the time of their payment, on the issue of any warrant for their payment by the city of Philadelphia, excepting only such cases as are provided in the fourth section of this act. (r) Ibid. § 9. Interest on damages. P. L. 98. Vacancy in jury. 25. Should any vacancy happen in any jury now appointed or hereafter to be 27 Jan. 1870 § 3. appointed, by death or resignation, removal or otherwise, it shall be lawful for the court to fill such vacancy from time to time as it may happen without prejudice to the validity of the proceedings: Provided, That every claimant shall have the opportunity of being fully heard by the whole jury or a quorum thereof after any such new appointment. Ibid. § 5. Solicitor to be 26. There shall be appointed by the commissioners of Fairmount park, a solicitor, whose duty it shall be under their direction to attend to the assessment of damages, and to such other business of a legal nature connected with the park as appointed. the commissioners may require; he shall receive during the present year and hereafter, until otherwise ordered by councils, the same compensation as is now provided for the assistant solicitor named in the said twenty-eighth section.(s) P. L. 1083. 27. The city of Philadelphia shall be authorized and required to raise by loans, 14 April 1868 § 11. from time to time, such sums of money(t) as shall be necessary to make compensation for all grounds heretofore taken or to be taken for said Fairmount park, and City may raise for the laying out and construction thereof for public use; for the permanent care money by loans to and improvement thereof, and for all culverts and other means for preserving the pay compensation. Schuylkill water pure for the use of the citizens of said city, and shall annually assess taxes for keeping in repair and good order the said park; and shall also provide for the payment of the interest on all said loans, and the usual sinking fund for the redemption thereof. IV. Park property. 28. The title to and ownership of the area of ground which is bounded as follows: 26 March 1867 § 1. * shall be vested in the city of Philadelphia, (u) to be laid out and maintained (2) The rest of this section is inoperative. (r) Supra, pl. 23. (8) Of the act 14 April 1868, P. L. 1086. But see act 1 June 1885, art. 8, P. L. 47. (t) By the act 21 April 1869, P. L. 1194, all moneys raised by such loans must be kept separately by the P. L. 547. city treasurer, and be appropriated and paid for no other purpose. (u) The title to Fairmount park is in the city of Philadelphia; its control and management are vested in the park commissioners. Councils could prevent its lease as an encampment, which might cause the |