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P. L. 630.

8 April 1860 § 8. the services required by the first section of this act, each twenty cents, to be taxed by the prothonotary as part of the costs in the case; and for the services required by the second section, each twenty cents, to be paid by the party requiring such service.

Fees.

30 March 1821 § 1. 7 Sm. 426.

taking recogni

zance.

III. In Philadelphia county.

24. It shall be the duty of every justice of the peace of the county, or alderman of the city of Philadelphia, before whom any recognizance of bail or surety in any Duty of justices in criminal or supposed criminal case shall be taken, to set down accurately and at large, in a docket or record to be kept for that purpose, the name, place of abode, particularly describing the same, and the occupation or business of such recognizor or surety, and if the said recognizor or surety shall not be a housekeeper, the name and place of abode, particularly describing the same, and the occupation or business of the person or persons with whom such recognizor or surety may reside; and the said justices of the peace of said county, or aldermen of the said city, are hereby required and enjoined to make a full and complete return of said recognizance or surety, to the proper court of the city or county having cognizance of the case, of all and every the sureties so made on his docket or record, touching or relating to such recognizance, together with the proceedings of such justice of the peace or alderman, relating to the case in which such person or persons may have become bound as a recognizor or surety as aforesaid.

Ibid. § 4. Penalty for neglect.

31 March 1843 § 12. P. L. 125.

Forfeitures to be

25. If any alderman of the said city, or justice of the peace of said county, shall neglect or refuse to comply with the provisions of this act, such neglect or refusal shall be deemed a misdemeanor in office.

26. Within ten days after the close of each term of the court having criminal jurisdiction of offences committed within said city and county, the clerk thereof shall certify to the county treasurer all recognizances that have been forfeited dur estreated to county ing the term, the names of the recognizors, their place of residence and occupation, if known to him, the amount of the recognizance, the day when forfeited, and all the record relative thereto.(a)

treasurer.

30 March 1821 § 3. 7 Sm. 427.

Process to be

without cost to the county.

27. It shall be the duty of the prothonotary of the court of common pleas of Philadelphia county [and of the clerk of the mayor's court for the city of Philadelphia], to issue, without cost or charge to the said city or county, such process, issued and served and perform such services as may be legal and required, in all suits on forfeited recognizances; (b) and it shall be, and it hereby is declared to be the duty of the sheriff of the said city and county, to execute all legal process which may be delivered him in suits on forfeited recognizance, without cost to the city or county aforesaid: Provided always, That nothing herein contained shall be construed to prevent the payment to the said prothonotaries, clerks or sheriffs, the full costs to which by law they now are or hereafter may be entitled, when and as often as the said costs shall be received and recovered from the person or persons against whom such process may issue.

in the quarter sessions.

4 April 1887 § 2. 28. The court of general quarter sessions of the peace of the county of PhilaP. L. 378. delphia, (c) *** shall have full power and authority to issue process on all forJurisdiction vested feited recognizances whatsoever, now or hereafter forfeited in said court, and in the court of over and terminer, holden by the judges of the said court of quarter sessions, now or hereafter forfeited in the said courts, and to prosecute the same to final judgment and recovery; and to moderate or remit the same, as effectually as the several courts of common pleas of this commonwealth now may or can do; and that the fees for services rendered by the clerk of the said court of quarter sessions, shall be the same as prescribed for prothonotaries of the courts of common pleas for like services.

22 April 1846 § 4. P. L. 477.

to be exclusive.

29. All recognizances of bail, for the appearance of any one charged with a criminal offence, which are or shall be forfeited, before the court of oyer and terminer Such jurisdiction and general jail delivery, and quarter sessions of the peace, in the city and county of Philadelphia, which have been or shall be taken before either of the judges of the said court, or before any alderman or justice of the peace for the said county, and returned to the said court, shall be sued and prosecuted in the said court, and in no other court; and that the fees and commissions, for services rendered by the clerk of the said court, shall be the same as those prescribed for prothonotaries of the courts of common pleas, for like services.

Fees.

Ibid. § 5. Attorney-general to bring suit.

30. It shall be the duty of the attorney-general, on the forfeiture of any recognizance in the said court, to issue process forthwith against the recognizors on the said recognizance, and to account to the treasurer of the said county for the proceeds of any judgment, or for any sum or sums received by him, on the suit so commenced.(d)

(a) Remainder of this section supplied: infra 28. (b) See infra 29.

(c) Commonwealth v. Duffy, 11 Phila. 378. The same powers are conferred on the court of quarter sessions of Allegheny county, by act 14 April 1863, P. L. 451; and on the quarter sessions of Erie county,

by act 27 February 1865, P. L. 220. And see act 16 April 1866, P. L. 906.

(d) The title to the forfeiture is in the commonwealth, until distribution. Commonwealth v. Shick, 61 P. S. 495. Commonwealth v. Smohe, 2 Pears. 18. Commonwealth v. Winpenny, Ibid. 107.

P. L. 477.

31. Where the amount, or any part thereof, of any judgment, recovered in pur- 22 April 1846 § 6. suance of this act, shall be collected by execution or otherwise, the same shall be taken in open court, by the sheriff or other officer having received the same; and How proceeds to it shall be the duty of the judges of the said court, being notified of the payment be distributed. of money as aforesaid, to order and decree a distribution of the same(e) in the fol

lowing order, to wit:

I. That so much thereof as shall be necessary, shall be applied to pay the costs In payment of on such prosecution, and on the proceedings before the magistrate who shall have costs and expenses. taken such recognizance, together with such reasonable compensation as the court shall adjudge, to the officers employed to arrest the person or persons, on whose default the said recognizance was forfeited, as well as to those employed in the conduct and collection of such judgment:

II. That so much of the residue thereof, as will satisfy the amount of damage Damage of party sustained by any person, by reason of the commission of such crime or misde- injured. meanor, (g) with interest thereon, to be counted from the date of the commission

of such crime or misdemeanor, shall be applied thereto :

state treasury.

III. And that the residue of any moneys collected as aforesaid, be paid said Residue to be paid county, or into the treasury of the commonwealth, as the case may be: Provided, into the county, or That it shall be in the power of the court, in all cases where the forfeiture is stricken off, before any money is paid into court as aforesaid, to order the county, or the defendant, to pay the costs and expenses hereinbefore provided for, as the case may require.

P. L. 571.

the controller.

32. It shall be the duty of the prothonotaries of the several courts of the said 18 May 1856 § 19. city, on the expiration of each term of their respective courts, to furnish to the controller a statement, under oath or affirmation, of the fines and penalties imposed, Prothonotaries to recognizances recovered, judgment and jury fees received, and arbitrators' and make returns to witness fees unclaimed by the parties entitled to the same, with the name of the case in which the same were imposed, recovered or received; and it shall be the Accounts of sheriff. duty of the sheriff of the county of Philadelphia to submit his account with the city to the controller for settlement, on the first day of January, and quarterly thereafter, and upon such settlement the sheriff shall be charged with all sums received and recovered as aforesaid, and he shall forthwith pay over the balance,

if any, to the city treasurer; and any officer neglecting or refusing to comply with Penalty for omisthe provisions of this section, shall be deemed guilty of a misdemeanor in office, sion. and be proceeded against in like manner as for other misdemeanors.

Ibid. § 20.

33. In lieu of the report now required to be made to the city treasurer, the aldermen of the said city shall, on the first of every month, (h) submit to the con- Aldermen to retroller a statement, under oath, of all fines, penalties, costs and sum or sums of port monthly. money whatever, received by them and payable to the said city, and shall forthwith pay over to the city treasurer the amount certified by the controller to be in their hands and payable, and for this purpose the controller may require the production of their books and dockets.(i) And no warrant for payment of the salary Salaries of police of any alderman as police magistrate, shall be countersigned by the controller, magistrates to be unless the receipt of the city treasurer for the moneys so certified to be due by payment of fines, him for the period for which said salary is payable, shall be first produced and &c. exhibited; and any alderman failing to comply with the provisions of this section, Penalty for negshall be punishable in the manner provided in the preceding section.

withheld until

lect.

34. It shall be the duty of the controller and treasurer of the city, within the Ibid. § 21. first five days of each month, to report to the city solicitor every person who has Solicitor to bring been delinquent in rendering his account, or making payment of any moneys, fines suits against deor costs, payable to the city treasurer, and of the city solicitor forthwith to pro- linquents. ceed to make collection of the same, and otherwise to enforce the law against the delinquent.

FIRE ALARM TELEGRAPH.

See CRIMES.

FIRE-ARMS.

See CRIMES.

(e) The supreme court has no jurisdiction to review the decree of distribution. Commonwealth v. Justice, 34 P. S. 165.

(g) This does not embrace the case of money lost at play, on a prosecution for keeping a gamblinghouse. Commonwealth v. Robbins, 26 P. S. 165.

(h) This appears to be repealed by the act 26 April 1855; supra 20.

(i) This provision is repealed by the act 1 March 1859, as to costs and fees, except in respect to police or committing magistrates. P. L. 89. And see Gibson v. Philadelphia, 3 Phila. 411.

FIRE-ESCAPES.

See MUNICIPAL CORPORATIONS.

1. Certain buildings to have chain and rope.

Where located. Approval.

2. Where room is not subdivided.

3. Rooms containing more than three windows.
4. How and where rope to be kept.
5. Lights for stairs and hallways.
6. Notices in sleeping rooms.

Alarms.

7. Commissioners to designate location. Certificates of approval.

8. Chains and ropes may be dispensed with in hospitals and asylums.

9. Punishment for neglect. Liability for damages.

9 May 1889 § 1. P. L. 169.

Certain buildings to have chain and

rope.

Where to be located.

Description of chain and rope.

Approval.

Ibid.

When room is not subdivided.

Ibid.

Rooms containing more than three windows.

Ibid. How and where rope, &c., to be kept.

Ibid.

Lights for stairs

[blocks in formation]

1. In addition to the means of escape required in section one of the act to which this is a supplement, it shall be the duty of the owner or owners, in fee or for life, of every building constructed more than two stories high and used or intended to be used as a hotel, factory, manufactory, workshop, tenement house, school, seminary, college, academy, hospital, asylum, hall or place of amusement, and of the trustee or trustees of every estate, association, society, college, academy, hospital or asylum, owning or using any building constructed more than two stories high and used, or intended to be used, for any of said purposes, and of the board of education or board of school directors, having charge of any building constructed more than two stories high and used or intended to be used as a public school, to provide and cause to be securely affixed to a bolt through the wall over the window head, inside of at least one window in each room on the third floor, and in each room on each higher floor, of every such building, a chain at least ten feet in length, with a rope at least one inch in diameter, securely attached thereto, of sufficient length to extend to the ground, or such other appliances as may be approved by the board of fire commissioners of any city or county having a board of fire commissioners, or by the county commissioners of any county where there is no board of fire commissioners.

2. When the third floor or any higher floor of any such building is not sub-divided into rooms, then at least six windows of each of such floors shall be provided with such chains and ropes, or such other appliances as may be approved by any board of fire commissioners, or by the county commissioners of any county where no board of fire commissioners shall exist.

3. Whenever any room on the third floor, or on any higher floor of any such building, shall contain more than three windows, then at least one window out of every three windows in every such room, shall be provided with such chain and rope, or other such appliance as may be approved by any board of fire commissioners, or by the county commissioners of any county having no board of fire commissioners.

4. Each of such ropes shall be coiled and kept in an unlocked box, in an unobstructed place, near the inside sill of the window to which such rope is attached.

5. In all hotels, factories, manufactories, workshops, schools, seminaries, colleges, hospitals, asylums, halls or places of amusement or other places mentioned in this and hallways, and act, the hallways and stairways shall be promptly lighted at night, and at the head alarms to be pro- and foot of each flight of stairs, and at the intersection of all hallways with main corridors, shall be kept during the night, a red light, and one or more proper alarms, or gongs, capable of being heard throughout the building, shall always remain easy of access and ready for use in each of said buildings, to give notice to the inmates in case of fire.

vided.

Ibid.

Notices in sleeping

rooms.

Ibid.

Commissioners to designate location.

Certificates of approval.

6. Every keeper of such hotel, factory, manufactory, workshop, school, seminary, college, hospital, asylum, hall or place of amusement, shall keep posted in a conspicuous place in every sleeping room, a notice descriptive of such means of

escape.

7. The board of fire commissioners, and the county commissioners of any county having no board of fire commissioners, shall have the right to designate the loca tion of the chains and ropes or other such appliance, in conformity with this act, to be attached to any building under the provisions of this act, and shall grant certificates of approval to every person, firm, corporation, trustees, board of education and board of school directors complying with the requirements of this act; which certificates shall relieve the party or parties to whom the same shall be issued from the liabilities, fines, damages and imprisonment imposed by this act.

P. L. 169.

⚫ 8. The board of fire commissioners, and the county commissioners of any county 9 May 1889 § 1. having no board of fire commissioners, may direct that the foregoing requirements, in so far as they relate to the placing and keeping of chains and ropes in hospitals and asylums, may be dispensed with whenever in their judgment the same would be unnecessary.(k)

Chains and ropes may be dispensed with in hospitals and asylums.

P. L. 65.

9. Every person, corporation, trustee, board of education, and board of school 8 June 1885 § 1. directors, neglecting or refusing to comply with the requirements of the first section of this act, shall be liable to a fine not exceeding three hundred dollars, Punishment for to be collected as fines are now by law collectible, and shall also be deemed guilty neglect. of a misdemeanor, punishable by imprisonment for not less than one month, nor more than twelve months. And in case of fire occurring in any such building not provided with the chains and ropes, or such other appliances as may be required by any board of fire commissioners, or by the county commissioners of any county where no board of fire commissioners shall exist, in accordance with the requirements with the first section of this act, the person, persons, trustee, trustees, corporation, board of education, or board of school directors, who or which, neglected or refused to provide such building with the chains and ropes,

or such other appliances as aforesaid, shall be liable in an action for damages in Liability for damcase of death or personal injury being caused in consequence of such fire breaking ages. out in said building, and such action may be maintained by any person or persons now authorized by law to sue in other cases for injuries caused by neglect of duty.

10. All the following described buildings within this commonwealth, to wit: 8 June 1885 § 1. Every building used as a seminary, college, academy, hospital, asylum, or hotel P. L. 68. for the accommodation of the public, every storehouse, factory, manufactory or Certain buildings workshop of any kind in which employés or operatives are usually employed at to have external work in the third or any higher story, every tenement house or building in which fire-escapes. rooms or floors are usually let to lodgers or families, every public hall or place of amusement, every parochial or public school building, when any of such buildings are three or more stories in height, shall be provided with a permanent, safe external means of escape therefrom, in case of fire, independent of all internal stairways; the number and location of such escapes to be governed by

the size of the building and the number of its inmates, and arranged in such a Number and locaway as to make them readily accessible, safe and adequate for the escape of said tion. inmates.

11. Such escapes to consist of outside, open, iron stairway, of not more than Ibid. forty-five degrees slant, with steps not less than six inches in width and twenty- Description of. four inches in length.

12. And all of said buildings capable of accommodating from one hundred to Ibid. five hundred or more persons as operatives, guests or inmates, shall be provided Certain buildings with two such stairways, and more than two stairways if such be necessary to to have two or secure the speedy and safe escape of said inmates, in case the internal stairways more. are cut off by fire or smoke.

Ibid.

13. It shall be the duty of the owner or owners, in fee or for life, of every such building, and of the trustee or trustees of every estate, association, society, college, Duty of owners, seminary, academy, hospital or asylum, owning or using any such building, and trustees, &c. of the board of education or board of school directors having charge of any such school building, to provide and cause to be securely affixed outside of every such building such permanent external unenclosed fire-escape.

14. Nothing herein contained shall prohibit any person whose duty it is under Ibid. this act to erect fire-escapes, from selecting and erecting any other and different Other approved esdevice, design or instrument, being a permanent, safe, external means of escape, capes may be subject to the inspection and approval of the constituted authorities for that adopted. purpose.

Ibid. § 2.

Examination and

15. It shall be the duty of the board of fire commissioners, in conjunction with the fire marshal of the district, where such commissioners and fire marshal are elected or appointed, to first examine and test such fire-escape or escapes, and, after approval. upon trial said fire-escape or escapes should prove to be in accordance with the requirements of section one of this act, then the said fire marshal, in connection with the fire commissioners, or a majority of them, shall grant a certificate approving Certificate to be said fire-escape, thereby relieving the party or parties to whom such certificate is granted. issued from the liabilities of fines, damages and imprisonment imposed by this act : Provided, further, That in counties where no such fire marshal or fire commissioners When county comexist, then the county commissioners in each said county shall be the board of missioners to act. examiners, and shall grant certificates of approval when escapes are erected in accordance with the requirements of section one of this act.

Effect.

Ibid. § 3.

16. Every person, corporation, trustee, board of education and board of school directors, neglecting or refusing to comply with the requirements of section one Punishment for of this act, in erecting said fire-escape or escapes, shall be liable to a fine not neglect. exceeding three hundred dollars, and also be deemed guilty of a misdemeanor

(k) This act is an amendment of a portion of § 1 of the act 3 June 1885, P. L. 65, which act amended the act 1 June 1883, P. L. 50.

P. L. 68.

Liability for damages.

3 June 1885 § 8. punishable by imprisonment for not less than one month or more than two months. And in case of fire occurring in any of said buildings in the absence of such fire-escape or escapes, approved by certificate of said officials, the said person or corporations shall be liable in an action for damages in case of death or personal injuries sustained in consequence of such fire breaking out in said building, and shall also be deemed guilty of a misdemeanor punishable by imprisonment for not less than six months nor more than twelve months; and such action for damages may be maintained by any person now authorized by law to sue, as in other cases of similar injuries.

Ibid.

Not to interfere with escapes in

17. Nothing in this act shall interfere with fire-escapes now in use, approved by the proper authorities. (1)

use.

FIREWORKS.

See GUNPOWDER.

1. Firing of guns, making, selling and throwing fireworks forbidden. Penalty. Limitation.

2. Not to be manufactured in the built-up portion of the city.

3. Penalty.

26 Aug. 1721 § 4. 1 Sm. 129.

Making, selling and throwing fire

works forbidden.

28 March 1865 § 1. P. L. 744.

Manufacture in

Philadelphia.

P. L. 160.

Penalty.

4. Selling fire-arms, toy deadly weapons or gunpowder to certain minors.

5. Selling or using toy deadly weapons forbidden. 6. Penalty.

7. Manufacture and sale declared a misdemeanor. Penalty.

1. If any person or persons, of what sex, age, degree or quality soever, from and after publication hereof, shall fire any gun or other fire-arms, (m) or shall make or cause to be made, or sell or utter, or offer to expose to sale, any squibs, rockets or other fireworks, or shall cast, throw or fire any squibs, rockets or other fireworks, within the city of Philadelphia, without the governor's special license for the same, of which license due notice shall first be given to the mayor of said city, such person or persons so offending, and being thereof convicted before any one justice of the peace of the said city, either by confession of the party so offending, or by the view of any of the said justices, or by the oath or affirmation of one or more witnesses, shall, for every such offence, forfeit and pay the sum of five shillings ; one-half to the use of the poor of the said city, and the other half to the use of him or them who shall prosecute and cause such offender to be as aforesaid convicted; which forfeitures shall be levied by distress and sale of the offender's goods as aforesaid; and for want of such distress, if the offender refuse to pay the said forfeiture, he shall be committed to prison for every such offence the space of two days without bail or mainprise: Provided, That such conviction be made within ten days after such offence committed.(n)

2. It shall not be lawful for any person, or association, or corporation to manufacture any species of pyrotechnic, or fireworks, cartridges, nor any kind of fixed ammunition, in the built-up portion of the city of Philadelphia.

12 March 1866 § 1. 3. Any violation of the provisions of an act approved the sixteenth day of February, (0) Anno Domini one thousand eight hundred and sixty-five, entitled “An act relative to the manufacture of fireworks in the city of Philadelphia," shall subject the offender or offenders to a fine of fifty dollars for each offence, to be recovered with costs of suit, in an action of debt before any magistrate, or in any court having cognizance thereof, by, to and for the use of the Philadelphia association for the relief of disabled firemen.

20 June 1881 § 1. P. L. 111.

4. Any person who shall knowingly and wilfully sell or cause to be sold, to any person under sixteen years of age, any cannon, revolver, pistol or other such deadly Selling to minors. weapon, or who shall knowingly and wilfully sell or cause to be sold, to any such minor, any imitation or toy cannon, revolver or pistol so made, constructed or arranged as to be capable of being loaded with gunpowder, or other explosive substance, cartridges, shot, slugs or balls, and being exploded, fired off and discharged, and thereby become a dangerous or deadly weapon, or who shall knowingly and wilfully sell or cause to be sold, to any such minor, any cartridge, gunpowder or other dangerous and explosive substance, shall, in every such case, be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine, not 20 June 1881 § 1. exceeding three hundred dollars.

P. L. 149.

Selling or using toy deadly weapons forbidden.

5. No person or persons, firm or corporation, shall vend, sell or expose for sale, nor shall any person or persons use any toy pistols, toy cannon, devil's bombs or toys or small hand weapons of any character or description, used for firing salutes

(1) This act is an amendment of the three sections of the act 11 June 1879, P. L. 128.

(m) The firing of a cannon on the 4th of July was held not to be a violation of this act. Diffenbaugh v. Agnew, 12 Haz. Pa. Reg. 247.

(n) This act is not obsolete. Homer v. Commonwealth, 15 W. N. C. 337. It is limited in its operation

to the city proper as it existed before consolidation. Commonwealth V. South, Magistrate Pole, Pub. Ledger, 15 July 1887. But see the act 9 February 1751, 1 Sm. 208, which extends throughout the state.

(0) This reference is an error. The intention of this act is to refer to the act 23 March 1865, supra, pl. 2.

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