or other legal process whatever on any of the Saturday afternoons herein designated 31 May 1893 § 1. as holidays, nor to prevent any bank from keeping its doors open or transacting P. L. 188. its business on any of the said Saturday afternoons if, by a vote of its directors, it not to be prevented shall elect to do so. on Saturday after noons. Monday to be 6. Whenever the first day of January, the twenty-second day of February, the Banks may keep fourth day of July or the twenty-fifth day of December shall any of them occur on their doors open. Sunday, the following day, Monday, shall be deemed and declared a public holi- Ibid. § 2. day. All bills of exchange, checks, drafts or promissory notes falling due on any observed when of the Mondays so observed as holidays, shall be due and payable on the next suc- certain holidays ceeding secular or business day, and all Mondays so observed as holidays shall, for fall on Sunday. all purposes whatever as regards the presenting for payment or acceptance, and as Payment of bills regards the protesting and giving notice of the dishonor of bills of exchange, days. checks, drafts and promissory notes, made after the passage of this act, be treated and considered as is the first day of the week, commonly called Sunday. and notes on such 80 falls on Sunday. 7. When the thirtieth day of May falls on Sunday, the day preceding it, Saturday, Saturday to be obshall be observed as the holiday, and payment of bills of exchange, checks, drafts served when May and promissory notes, due and payable on such holiday, shall be made on the next succeeding secular or business day. 8. All bills of exchange, checks, drafts and promissory notes made after the passage of this act, which by the terms thereof shall be payable an the first day of the week, commonly called Sunday, shall be deemed to be and shall be payable on the next succeeding secular or business day. 9. All the days and half days herein designated as legal holidays shall be regarded as secular or business days for all other purposes than those mentioned in this act. Ibid. § 3. Bills, notes, &c., which become due payable on next on Sunday, to be business day. Ibid. § 4. All days to be regarded as business days for all other purposes. 23 May 1893. P. L. 111. holidays. 10. The third Tuesday of February of each year, and the first Tuesday after the first Monday of November (p) of each year, be and the same are hereby designated as legal half-holidays from twelve o'clock noon until midnight of such days, and shall for all purposes whatsoever as regards the presenting for payment or accept- Election days ance, and as regards the protesting and giving notice of the dishonor of bills of made legal halfexchange, checks, drafts and promissory notes, made after the passage of this act, be treated and considered as the first day of the week, commonly called Sunday, and as public holidays and half-holidays, and all such bills, checks, drafts and notes, otherwise presentable for acceptance or payment on any of the said days, shall be deemed to be payable and be presentable for acceptance or payment at or before twelve o'clock noon on such half-holidays. HOGS. See SWINE. HOMICIDE.. See CRIMES. (p) This act, so far as it relates to the fall election day, is supplied by the act 31 May 1893, P. L. 188, supra 1, which declares the whole day to be a legal holiday. 1. Horse-racing declared a public nuisance. To be punished by indictment. 2. Horses so employed to be forfeited. May be seized within two months thereafter. Information to be made to the common pleas. Court to decree forfeiture and sale. 3. Forfeiture of horses not to apply to horses used in races by trotting associations. 4. Horses not to be entered under an assumed name. 5. Penalty for violation. 6. When act to take effect. 7. Wagers to be void. And all contracts in consideration thereof. 8. Money lost on a horse-race may be recovered back. Limitation. 9. Penalty for contributing to make up a purse, &c., for a horse-race. 10. Or for printing or setting up an advertisement of a horse-race. 11. How penalties to be recoverable. Duty of over 17 Feb. 1820 § 1. 7 Sm. 244. Horse-racing declared a public nuisance. Ibid. § 2. Horses so employed to be forfeited. May be seized thereafter. seers and supervisors. Penalty for neglecting to sue. II. IN PHILADELPHIA COUNTY. 15. Horses to be forfeited. 16. Duty of sheriff, &c., to make seizure. Compensation. 17. Proceedings to enforce forfeiture. Powers of sheriff, &c. Fees. 18. Forfeited horses to be sold. 19. How forfeitures to be recoverable. Claimant may take defence, on giving security. How proceeds to be distributed. 20. No action to be brought for seizing such horses, &c., until final judgment upon the forfeiture. No replevin to issue therefor. When party grieved may maintain his action. I. General provisions. 1. All racing, running, pacing or trotting of horses, mares or geldings, for money, goods or chattels, or other valuable things, shall be, and hereby are declared to be common nuisances and offences against this state; and the authors, parties, contrivers and abettors thereof, shall be prosecuted and proceeded against by indictment.(q) 2. Each horse, mare or gelding used or employed by the owner thereof, or with his consent, in any race on which any bet or wager shall have been laid, or any purse or stakes shall have been made, shall be liable to be forfeited for the proper county within which such horse, mare or gelding so forfeited shall have been employed, contrary to the foregoing provisions; and the said horse, mare or geldwithin two months ing so forfeited shall, at any time within two months thereafter, be seized by any overseer of the poor or supervisor of the highways of the township in which such race shall have been run, or by the sheriff or any of his deputies of the county Information to be within which such township shall be situated; and in case of seizure as aforesaid, the officer so seizing shall make information thereof to the next court of common pleas for the county, and such court shall proceed to hear and decide upon such seizure; and in case such horse, mare or gelding shall have been adjudged to be forfeiture and sale. forfeited, such court shall order a sale thereof at public auction, and shall direct the proceeds, after the costs of condemnation shall have been deducted, to be paid to the treasurer of the proper county.(r) made to the common pleas. Court to decree 11 June 1891. P. L. 298. Forfeiture of horses. 6 June 1893 § 1. P. L. 344. 3. So much of an act of assembly of the commonwealth of Pennsylvania, entitled "An act against horse-racing," approved February seventeenth, one thousand eight hundred and twenty, as provides for the forfeiture of horses used in racing contrary to the provisions of said act, shall hereafter be held not to apply to horses used in races given by regularly incorporated trotting associa tions. 4. It is hereby made unlawful for any person or persons to enter or cause to be entered for competition, or to compete for any purse, prize, premium, stake or Horses not to be sweepstake offered or given by any agricultural or other society, association or person or persons, in the state of Pennsylvania, any horse, mare or gelding, colt or filly, under an assumed name, or out of its proper class, when such prize, purse, premium, stake or sweepstake is to be decided by a contest, in trotting or pacing entered under an assumed name. Penalty for violation. When act to take effect. races. 5. Any person or persons found guilty of a violation of section one of this act shall, upon conviction thereof, be imprisoned not exceeding six months, or fined not exceeding five hundred dollars, or both, or either, at the discretion of the court. 6. This act shall take effect from the date of its passage. (q) See Kennedy v. Way, Bright. 186. Commonwealth v. Way, Binns's Just. 456. Robinson v. Cone, 22 Vt. 213. (r) See tit. " Gaming." An action lies against a stakeholder for money deposited as a bet, and which he had not paid over. Conklin v. Conway, 18 P. S. 329. By act 1 May 1879, P. L. 39, the provisions of the 1st and 2d sections of the act of 1820 are not to apply to agricultural societies offering premiums for trials of speed in horses walking, trotting and pacing, nor trials of speed in horses in any incorporated driving-park. P. L. 214. 7. All wagers and bets which shall have been laid, betted or made on the racing, 17 Feb. 1820 § 3. running, pacing or trotting of horses, mares or geldings, and all promises, agreements, notes, bills, bonds, contracts, judgments, mortgages or other securities or Wagers to be void. conveyances, which shall have been made, given, granted, drawn, entered into or And all contracts executed by any person or persons, where the whole or any part of the considera- in consideration tion thereof shall be, for any money, goods, chattels or other thing won, laid or betted on the running, racing, trotting or pacing of any horses, mares or geldings, shall be utterly void and of no effect. thereof. Ibid. § 4. Money lost on a 8. It shall and may be lawful for any person who shall lose money, goods or chattels, or any other valuable thing on the racing, running, pacing or trotting of horses, mares or geldings, and shall pay or deliver the same, or any part thereof, horse-race may be to the winner, or other person for his use or in his behalf, to recover the same or recovered back. the value thereof from such winner, with costs, by action of debt, or on the case, in any court of record having cognizance thereof: Provided always, That such suit Limitation. shall have been instituted within two calendar months after such losing and payment and delivery as aforesaid. Ibid. § 5. 9. If any person shall contribute to or collect, or shall ask or desire any other person to contribute to or collect any money, goods or chattels to make up a purse, Penalty for conplate or other thing to be run, paced or trotted for as aforesaid, at any place within tributing to make this commonwealth, such person so offending shall forfeit and pay the sum of thirty up a purse, &c., dollars for each offence. for a horse-race. 10. If any person or persons within this state shall print or cause to be printed, Ibid. § 6. set up or cause to be set up, any advertisement mentioning the time and place for or for printing or the running, pacing or trotting of any horses, mares or geldings, or shall know- setting up an adingly suffer any advertisement as aforesaid to be set up, in or upon his, her their dwelling-house or out-houses, or shall knowingly suffer the same to remain up as aforesaid, every person so offending shall forfeit and pay the sum of twenty dollars. or vertisement of a horse-race. Ibid. § 7. 11. Each and all of the penalties specified in the 5th and 6th sections of this act, shall be sued for and recovered by the overseer or overseers of the poor of the How penalties to township wherein the offence shall have been committed, in the name of such be recoverable. township, within two calendar months thereafter, by action of debt, with cost of suit in any court having cognizance thereof, and the proceeds thereof shall be applied to the use of the poor of the said township; and in case there shall not be, in any county or counties, overseers of the poor, then and in that case, it shall be the duty of the supervisor or supervisors of the highways of the proper township, and they are hereby required to execute the duties herein before directed to be performed, and in that case the proceeds thereof shall be applied to the improvement of the roads of said township: And it is hereby declared to be the Duty of overseers special duty of every such overseer of the poor or supervisors of the highways, and supervisors. on his own knowledge of the fact, or on information thereof by any person or persons, without delay, to institute and prosecute to effect each and every such suit or suits, under the penalty of ten dollars for each default, to be recovered by any Penalty for negperson or persons who shall sue for the same, by action of debt, with costs of suit; lecting to sue. and in case any suit or suits so to be brought by the said overseer or overseers of How costs of unthe poor, and supervisor or supervisors of the highways, shall fail, the costs that successful prosecution to be paid. may be payable by him or them, shall be paid or reimbursed out of any moneys appropriated for the use of the poor or for the improvement of the public high ways. Ibid. § 8. overseers and supervisors. 12. The said overseer or overseers, and supervisor or supervisors shall be entitled to retain in his or their hands twenty-five per centum on all sums which he or Compensation of they may receive by virtue of this act, as a compensation for his or their trouble. 13. So much of the act passed on the 22d day of April 1794, entitled "An act for the prevention of vice and immorality, and of unlawful gaming, and to restrain disorderly sports and dissipation," as is hereby altered or supplied, is hereby Repealing clause. repealed. II. In Philadelphia county. Ibid. § 9. 6 Sm. 432. lic highways. 14. If any person shall enter or start, or cause or procure to be entered or 22 March 1817 § 1. started, any horse, mare or gelding, for the purpose of running or performing a race, upon any public road within the limits of the city or county of Philadelphia, Penalty for horseat any meeting or assembly consisting of more than fifteen persons, or if any per- racing on the pubson shall wilfully ride a race, or cause or procure a race to be ridden, upon any such public road, every such person, upon conviction in any court of record having criminal jurisdiction over the place where the offence may have been committed, shall be subject to a fine of fifty dollars. 15. If any horse, mare or gelding shall be wilfully made or caused to run or perform a race upon any such public road, at any such meeting or assembly as aforesaid, every such horse, mare or gelding shall be forfeited. Ibid. § 2. Horses to be forfeited. Ibid. §3. 16. It shall be the duty of the sheriff, deputy or under-sheriff, and constables within the limits aforesaid, and they are hereby directed and empowered without Duty of sheriff, any special warrant or other authority than this act, to seize and secure every &c, to make horse, mare or gelding that may have been made or caused to run or perform, or seizure. 6 Sm. 432. 22 March 1817 § 3. to commence running or performing any such race, as aforesaid: Provided, however, That such seizure be made at the time of such race, or immediately after the same, or upon fresh suit, if such horse, mare or gelding shall have left the ground before such seizure could conveniently have been made; and the officer making such seizure shall be allowed for the same, and for all further proceedings therein, as hereinafter mentioned, the sum of ten dollars, to be charged and allowed among the costs. Compensation. Ibid. § 4. Proceedings to enforce forfeiture. 17. Upon complaint being made, upon the oath or affirmation of two credible witnesses, to any judge of the court of common pleas, alderman or justice of the peace, that any horse, mare or gelding has become forfeited or liable to forfeiture, by virtue of this act, by having run or performed any such race as aforesaid, at any time within twenty days next preceding the time of such complaint, the said judge, alderman or justice shall issue a warrant, under his hand and seal, commanding and empowering the sheriff of the county to seize, secure and detain such horse, mare or gelding wheresoever the same may be found within the limits Powers of sheriff, aforesaid, and to dispose of the same as is hereinafter directed. And the said sheriff and his assistants, in executing such warrant, are hereby authorized and empowered to enter any stable, building, shed, field or enclosure where there is reasonable ground to believe such horse, mare or gelding to be kept or concealed, in the same manner as the said sheriff might lawfully do in executing any writ of replevin; and the said sheriff shall be allowed for executing the said warrant, and for his further proceedings in the case as hereinafter mentioned, the sum of five dollars, to be charged and allowed among the costs as aforesaid. &c. Fees. Ibid. § 5. be sold. 18. When any horse, mare or gelding shall have been seized by virtue of this Forfeited horses to act, either with or without special warrant as aforesaid, any judge or justice of the court of common pleas, having been first satisfied, by the oath or affirmation of two credible witnesses, of there being reasonable ground to believe such horse, mare or gelding to be forfeited, or liable to forfeiture by virtue of this act, may make an order, in writing, under his hand, authorizing and requiring the officer who may have made such seizure, to cause such horse, mare or gelding to be sold at public auction, giving ten days' notice of the time and place of sale, and to return the said order within a reasonable time, and all proceedings thereon, together with the proceeds of such sale, after deducting all necessary charges and expenses, into the office of the prothonotary of the said court of common pleas, there to remain and abide the final judgment or order of the said court in the case. Ibid. § 6. be recoverable. 19. All forfeitures mentioned and declared in this act, may be sued for and How forfeitures to recovered by libel or information in the said court, either by the officer who may have made the seizure without special warrant, or by the person who may have procured the seizure to be made by special warrant, or by the attorney-general and his deputy, at the request of any person who may have made or procured such seizure, which court, upon the exhibition of the libel or filing the information, shall cause reasonable public notice to be given of such seizure, and of the substance of such libel or information; and if no person shall appear during the term next succeeding the exhibition of the libel or filing the information, and claim the proceeds of the sale remaining in court, and give security for the costs, in case he shall not disprove the forfeiture, the said court shall, at the next succeedClaimant may take ing term, give judgment in favor of the libellant or informer; but if any claimant defence, on giving security. and give security as aforesaid, within the time aforesaid, he shall be made appear, a party to the record, and the cause (if facts are disputed) shall be tried by a jury, under the direction of the court, as in other cases; and in case of a final judg ment, upon a verdict or otherwise, in favor of the claimant, he shall be entitled to the proceeds of sale remaining in court; but if it shall appear to the court that there was a reasonable ground for the seizure and sale aforesaid, then the said court shall certify the same, and in such case, the claimant shall not be entitled to costs, nor shall the person or persons who made the seizure, or caused the same to be made, or the informer, prosecutor or libellant, be liable to any action, suit or How proceeds to judgment on account of such seizure, sale, prosecution or proceeding. And in all cases where final judgment shall be given in favor of the libellant or informer, the court shall order and direct one-half of the money remaining in court (after making from the whole sum a reasonable deduction for costs, in cases where no claimant shall have appeared) to be paid to the libellant or informant, in case the libel or information shall not have been exhibited by or for the attorney-general, and the other half to be paid to the guardians of the poor for the city, district or township in which the offence may have been committed; but in case the libel or information shall have been exhibited or filed by, or for the attorney-general, then the whole of the money remaining in court, making deduction as aforesaid, to be paid to the said guardians of the poor as aforesaid. be distributed. Ibid. § 7. No action to be brought for such 20. No action shall be brought against any person for seizing, detaining or selling any horse, mare or gelding, by virtue of this act, until it shall have been finally determined by the proper court whether such horse, mare or gelding be or be not seizure, until final forfeited; and no writ of replevin shall issue for any horse, mare or gelding which judgment. may have been seized, detained and sold as aforesaid: Provided, however, That if no proceedings be instituted for the recovery of the forfeiture, during the term 22 March 1817 § 7. of the court of common pleas next succeeding the time of the seizure, then and 6 Sm. 482. in such case, any person aggrieved by the said seizure and detainer, may have No replevin to and maintain his action therefor; and in case of a sale having taken place, such issue. person, upon satisfying the court that, at the time of the seizure, he was the true When party owner of such horse, mare or gelding, shall be permitted to take out of the court grieved may mainthe proceeds of such sale. tain his action. 1 Sm. 511. March 1821 § 1. 7 Sm. 888. 1. No sale of any stolen horse, mare or gelding, by virtue of this act, shall be 28 Sept. 1780 § 7. deemed a public sale in market overt, so as to change the property thereof. 2. Whosoever,(s) after the passing of this act, shall pursue and apprehend any 15 person who shall have stolen any mare, horse or gelding within any county of this commonwealth, on the conviction of the person so apprehended, shall be Reward for appreentitled to the reward of twenty dollars for apprehending the person who shall hending horsehave been convicted of stealing any mare, horse or gelding as aforesaid, and six Party entitled may cents for every mile necessarily travelled in pursuit of the offender: Provided, be a witness. That the reward offered by this act shall in no wise exclude the person or persons entitled to such reward from being competent witnesses. thief. due. Ibid. § 2. 3. It shall be the duty of the court within any county aforesaid, before which any person or persons are convicted of the crime of horse-stealing, to inquire Court to decide whether any, and if any, who is the person or persons entitled to receive the summarily to above rewards, and if more than one person, then in what proportion the said sum whom reward is or sums ought to be paid to them, and to direct the clerk of said court to certify the same, with the name or names of the claimants, to the commissioners of the county in which the owner of the horse, mare or gelding resides, who are hereby directed and enjoined to draw their warrant on the treasurer of said county, in To be paid out of favor of the said claimant or claimants, for the amount so certified; all which the county funds. shall be done free of all costs and charges to the said claimant or claimants, under the provisions of this act. 4 April 1889. P. L. 23. increasing reward. 4. The county commissioners of the various counties of this commonwealth may, when they deem the same expedient, offer such reward in addition to that now authorized by law, as in their judgment the nature of the case requires, Discretion of for the detection or apprehension of any person charged with or engaged in commissioners in horse-stealing, or aiding or abetting the same; and upon the conviction of such Owners of stolen person, the county commissioners may pay such reward or other compensation horses not entiout of the county treasury; but in no case shall the owner of the stolen horse or tled to reward. horses be entitled to any of said reward. (s) This includes the owner of the stolen horse. Butler Co. v. Leibold, 107 P. S. 407. But see the act 4 April 1889. P. L. 23, infra 4. |