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He keeps a record of all death warrants, respites, pardons, remittances of fines and forfeitures and commutations of sentences.
Proceedings in regard to interstate extradition for fugitives from justice are examined, passed upon and approved by him before the executive order is made thereon.
There are also many ministerial duties of a minor character performed by the Secretary of the Commonwealth.
Rules of Practice of the Department of the Secretary of the Commonwealth.
Rules Governing Applications for Letters Patent, Etc.
Corporations of the Second-Class. The following rules governing the applications for and the granting of Letters Patent, and concerning the practice of this office with reference to corporations, founded upon the Acts of Assembly and the opinions of the Attorney-General, are submitted for the guidance of those interested.
The notice of an intention to apply for a charter should give the names of at least three incorporators, designate the time when application will be made to the Governor for the charter, the Act of Assembly under which it is made, and the purpose proposed.
Twenty-one days' notice must be given of the intended application, by weekly advertisement in two newspapers of general circulation, printed in the proper county,
Legal or technical publications or papers not printed in the English language are not regarded 23 in this class ; but additional publications may be made in them, if desired.
The proof of the publication of the notice must be filed in this office upon the maturity of the Certificate.
Filing of Certificate. The certificate of organization should be on file in this office during the period of publication and the Letters Patent fee and bonus fee should accompany the application. This rule greatly facilitates business, as applications are examined when received, and needed chatges or corrections can thus be made before the maturity of the notice.
Readvertisement will be required on applications received thirty days after the time desigDated in the notice.
Attorneys or others who have forwarded papers to this office, on which no further action has teen taken, will after sixty days from such receipt, be requested to complete the same, or they will be either returned or certified to the Attorney-General for such action as he may deem proper
All charters, after approval by the Governor, must be recorded in the office of the Secretary of the Commonwealth. By making the application in exact duplicate originals, it will facilitate the work of recording and expedite the mailing of the charter.
Public Service Companies. Applications for the incorporation, organization, creation, and the removal or amendent of the charters of public service corporations, and proceedings evincing the sale, assignment, transfer, lease, consolidation or merger of such corporations, should be filed in duplicate in this Departnent,
Contents of Certificate and Statement of Purpose. The certificate must have at least three incorporators and at least two subscribers, one of bon most be a citizen of this Commonwealth, and must be acknowledged and verified by at least two subscribers.
The object of the corporation should be restricted to the purpose set forth distinctly in one clause of the incorporation act, and be so concisely stated as to avoid all diversity,
Special care should be taken that ONLY THE PURPOSE IS STATED AND NOT THE POWERS which come to the corporation by grant of law, and that the certificate be confined to the statement of but a single purpose. Certificates for the incorporation of manufacturing and mercantile companies should describe in 'a general way the character of the articles or goods to be manufactured or sold.
Whenever the certificate of organization of a proposed corporation is received and is found Dot to be in proper form, it will be promptly returned. A new certificate conforming to the law and to the requirements of this office may be prepared, executed and forwarded for approval.
Certificates of incorporation or articles of association, containing erasures or interlineations will not be accepted.
The designated place of business of the corporation is where the corporate functions are to be Exercised, and only one office can be named as such.
A married woman may be named as a director, treasurer or one of the two subscribers to the articles of incorporation.
A typewritten list of all signatures should accompany all papers filed in this Department.
Time of Application. Charters will not be granted on Saturday, or on any legal holiday, as the State Treasury is closed on these days.
All papers, required to be filed in this Department, may be filed only between the hours of 8 A. M., and 5 P. M., on week days, except Saturday or any legal holiday. Such papers may be filed on Saturday only, between the hours of 8 A. M. and noon.
Protests and Hearings. Protests against the issuing of Letters Patent upon any application should be filed in duplicate in this office as soon after the first publication of notice as practicable. The protest should briefly set forth the ground of opposition and the interest of the protestants; and must be specific, giving the full and correct name of the company against whose application it is filed, and designating the date when the application is advertised to be made. A day for hearing will then be appointed, at which time all parties will be heard by counsel or in person.
Increase and Decrease of Stock and Indebtedness. Returns of election upon increase or decrease of capital stock should not be combined with the return of election upon increase or decrease of indebtedness. The return of the President or Treasurer as to the actual making of the authorized increase or decrease should be made separately from the election return, and not attached thereto, and is required by law to be made within thirty days after the actual increase or decrease. The return of increase should specify the terms thereof, whether for cash, for materials, labor or property.
Waivers of notice of publication should be accompanied by the affidavit of the Secretary, showing that the persons subscribing to the waiver are the owners of all the outstanding and issued capital stock of the corporation,
Cooperative Associations. Cooperative associations are corporations, and are subject to all the requirements of the Corporation Laws as to bonus and fees due the State The amount of the original capital must be specified in the Article of Association. The purpose of the association and the terms upon which persons may become members should be clearly and succinctly stated.
Foreign Corporations. Foreign corporations, proposing to do business in this State, should first file a power of Attorney in the forin prescribed by this Department, appointing the Secretary of the Commonwealth and his successors their true and lawful attorney and authorized agent upon whom all lawful process in any action or proceeding against them may be served.
Bonus and Fees. Upon the granting of a charter the whole bonus, which is one-third of one per centum of the capital stock, is payable through this office by all corporations except building and loan associations; all checks or drafts should be drawn to the order of the “State Treasurer."
Blank Forms. Blanks for applications for charters, proof of publication, increase or decrease of capital stock, or indebtedness, president's returns, waivers and statements hy foreign corporations, etc., will be furnished on application.
Fees. Statement of fees for filing and recording certain papers in the oflice of the Secretary of Commonwealth, and for the issuing of Letters Patent to corporations :
For filing and recording papers relating to Enlargment of territory of natural gas company,
$15 00 Extension of route of street railway,
20 00 Abandonment of route of street railway,
15 00 Election return on increase or decrease of capital stock or indebtedness when notice of meeting has heen published for 60 days,
30 00 Same, when publication of notice has been waived,
35 00 Return of president or treasurer of actual increase or decrease of capital stock or indebt. edness,
5 00 Certificate of dissolution of a corporation,
10 00 Foreign corporations, Power of Attorney,
10 00 Acceptance of Constitution and Act of Assembly,
10 00 Acceptance act 1874 and letters patent,
30 00 Filing treasurer's affidavit of paid up capital stock, by trust company,
10 00 Change of corporate name,
20 00 Reorganization after judicial sale, including acceptance of the Constitution,
40 00 Articles of Cooperative Association (including copies),
26 00 agreements of merger and consolidation,
55 00 Certificate of each secretary, attached to agreement of merger and consolidation,
5 00 For letters patent for Re-charter, including acceptance of Constitution or act,
40 00 Insurance companies, including statements,
37 00 Railroad companies (steam or street),
82 00 Amendment to charter, except to railroad companies,
30 00 Letters patent on all other corporations,
The Act of May 3, 1889, fixes bonus on charters and upon increase of capital stock at onethird of one per cent., the bonus on charters payable at the time of approval by the Governor.
The Act of February 9, 1901, makes the bonus on increase of capital stock payable on the actual amount of increase when such stock or any portion of it is actually increased.
Note-- All fees must be paid in full, and also the whole bonus on charters before papers can be marked filed and recorded, or letters patent can be issued by the Governor.
All fees and bonus should be paid by certified check or New York draft.
Commission Bureau. The work in the office of the Secretary of the Commonwealth relating to commissions is in charge of the commission clerk.
It is his duty to issue commissions to all officials elected by popular vote, who, by law are entitled to receive them. State officials, judges of the various courts, city and county officers and justices of the peace, for full terms of service, come under this head and commissions are issued based upon the election returns.
Aldermen and justices of the peace elect, upon the certificate of the prothonotary, showing election, are commissioned for the full term of six years. Elections for aldermen or justices of the peace held at any other time than the Tuesday next following the first Monday of November in odd-numbered years are null and void.
Appointed officials, such as department officers, trustees and managers of State Hospitals and asyluns, members, directors, etc., of various State Boards, Commissioners of deeds, notaries public, policemen, etc., are coinmissioned only upon receipt of written orders from the Governor, and for such terms as fixed by law.
Petitions, etc., requesting such appointments must be sent to the Governor. If favorably wnsidered orders are issued by the Governor to the commission clerk of the State Department to make cominissions in accordance therewith.
Bank forms of application for the appointment of notaries public, for justices of the peace and for policemen, are furnished by the Executive Department upon request.
Other forms inust be prepared by the applicants. Where fees are by law made payable before app-intments can be made, such fees must always accompany petitions of applicants.
Notaries public, when appointed during the recess of the Senate, comunissioned untill the end of the next session of the Senate. Wher confirmed by the Senate the term is four years from the date of such confirmation. A notary public must give bond and lift commission within thirty days after appointment, otherwise the appointment will be null and void. Vacancies in the office of alderman and justice of the peace occuring by reason of the erection of any dew ward, borough or township, or from the neglect or refusal to lift commission, within the time fixed by law, or by death, resignation or otherwise, can be filled only by the Governor until the first Monday of January foliowing the election in November in odd-number years, Commissions of aldermen and justices of the peace must be lifted within sixty days from the date thereof, or the office will become vacant.
The bonds and oaths of aldermen and justices of the peace are to be filed in the office of the prothonotary.
The bouds and recognizances of sheriffs and coroners, and the bonds of prothonotaries, registers of wills, recorders of deeds, and cierks of the several courts, must have the sureties approved by the judges of the court of common pleas, and also by the Governor, and be filed in the office 4 the Secretary of the Commonwealth before commissions can issue.
The boods and oaths of notaries public are to be filed in the office of the Secretary of the Comicon wealth.
The bonds must have two sufficient sureties, and they must make the affidavit as indorsed thereon.
The oath authorized by the Constitution to be adminstered to all State officers and judges of the Supreme Court and Superior Court must be filed in the office of the Secetary of the Commonwealth.
Resignations should be addressed to the Governor and forwarded to him for his acceptance. Military commissions are also prepared upon receipt of written orders from the Governor and Adjutant-General.
The average number of all commissions issued each year is above four thousand, and the number is constantly and rapidly increasing. A complete and accurate record is kept of all eunmissions, carefully classified and arranged.
All official bonds given to the Commonwealth, if found correct by the Commission clerk, are approved by the Governor, then classified and duly fied in the State Department.
Latters and inquiries relating to appointments, commissions, bonds, etc., are promptly answered by the commission clerk.
dereral assistants aid in performing the work intrusted to this bureau of the State Department.
Rules of Practice Relating to Requisitions. The application for the requisition must be made by the district or prosecuting attorney for the county or district in which the offense was coinmitted, and must be in duplicate original papers, or certified copies thereof. The following must appear by the certificate of the district or prosecuting attorney :
The full name of the person for whom extradition is asked, together with the name of the agent proposed, to be properly spelled, in Roman capital letters, for example: JOHN DOE.
(b.) That in his opinion the ends of public justice require that the alleged criminal be brought to this State for trial at the public expense,
(c.) That he believes he has sufficient evidence to secure the conviction of the fugitive.
(d.) That the person named as agent is a proper person, and that he has no private interest in the arrest of the fugitive.
(e.) If there has been any former application for a requisition for the same person, growing out of the same transaction, it must be so stated, with an explanation of the reasons for a second request, together with the date of such application, as near as may be.
(f.) If the fugitive is known to be under either civil or criminal arrest in the state or territory to which he is alleged to have fled, the fact of such arrest and the nature of the proceedings on which it is based must be stated.
That the application is not made for the purpose of enforcing the collection of a debt, or for any private purpose whatever, and that if the requisition applied for be granted, the criminal proceedings shall not be used for any of said objects.
(h.) The nature of the crime charged, with a reference, when practicable to the particular statute defining and punishing the same.
(i.) If the offense charged is not of recent occurrence, a satisfactory reason mrst be given for the delay in making the application. 1.
In all cases of fraud, false pretenses, embezzlement or forgery, when made a crime by the common law, or any penal code or statute, the affidavit of the principal complaining witness of informant that the application is made in good faith, for the sole purpose of punishing the accused and that he does desire or expect to use the prosecution for the purpose of collecting a debt, or for any private purpose, and will not directly or indirectly use the same for any of said purposes, shall be required, or a suficient reason be given for the absence of such affidavit.
2. Proof by affidavit of facts and circumstances satisfying the Executive that the alleged criminal has tied from the justice of the State and is in the State on whose Executire the demand is requested to be made, must be given. The fact that alleged criminal was in the State where the alleged crime was committed at the time of the commission thereof, and is found in the State upon which the requisition was made, shall be suflicient evidence in the absence of other proof, that he is a fugitive from justice.
3. If an indictment has been found, certified copies, in duplicate, must accompany the application.
If an indictment has not been found by a grand jury, the facts and circumstances showing the commission of the crime charged, and that the accused perpetrated the same, must be shown by affidavit taken before a magistrate (a notary public is not a magistrate within the meaning of the Statutes), and that a warrant has been issued and duplicate certified copies of the same, together with he returns thereto, any, must be furnished with the appli. cation.
5. The official character of the officer taking the affidavit or depositions and of the officer who issued the warrant must be duly certified.
6. Upon the renewal of an application, for example: On the ground that the fugitive has fled to another State, not having been found in the State on which the first was granted, new or certified copies of papers in conformity with the above rules must be furnished. 7.
In case of any person who has been convicted of any criine, and escaped after conviction, or while serving his sentence, the application may be made by the jailer, sheriff, or other officer having him in custody, and shall be accompanied by certified copies of the indictment or information, record of conviction, and sentence, upon which the person is held, with the affidavit of such person having him in custody, showing such escape, with the circunstances attending the same.
8. No requisition will be made for the extradition of any fugitive except in compliance with these rules.
Additional Suggestions. 1. At the Interstate Extradition Conference, held in New York, in August, 1887, it was resolved by the representatives of the several States : "That it is the sense of this conference that the Governors of the demanding States discourage proceedings for the extradition of persons charged with petty offenses, and that, except in special cases under aggravating circumstances, no demand should be made in such cases."
2. Requisitions will not issue in cases of fornication and bastardy, desertion (except under special and aggravated circumstances), nor in any case to aid in collecting a debt or enforcing a civil remedy nor in cases in which the offense is of such a trivial character as to leave a doubt as to the issuing of a mandate thereon by the Executive of another State or Territory; nor in a case of seduction, until an indictment is found and the relations of the parties clearly established, so as to leave no doubt that the case is one of seduction, and not of fornication and bastardy.
3. Requisitions will not be issued on petition alone, but the copies of record and affidavits required by the preceding rules must in every case be furnished; and this regulation will be applied with special strictness in all cases where the charge is cheating, obtaining money by false pretenses, embezzlement and the like. False and deceitful representations must be particularly set forth.
All papers presented in connection with an application for a requisition must be in dupiicate.
6. The agent should, when possible, be the sheriff of the county or his deputy. 6. Each application must be accompanied with the legal fee of one dollar.
Election and Legislative Bureau.
This Bureau has charge of all legislation passed by the General Assembly. All Bills and Resolutions that have passed finally are received from the officers of the House in which they originated, are receipted for, and recorded in a book kept for that purpose.
They are then turned over to the Executive Clerk of the Governor, who, in turn, receipts for tliem. After the Governor takes action, whether he approves or vetoes, they are returned to this office and are prepared for printing. They are punctuated, marginal notes are added, indexed, and copy is furnished to the State Printer, after which the proof is read. When the volume is printed, copies are forwarded to judges of the several courts and other officers and persons entitled to receive them.
This Bureau has charge of the filing of petitions and certificates of nomination and nomination papers for all Statewide offices and for such State offices as judges of courts of record, Representatives in Congress, Senators and Representatives in the General Assembly, and members of the State Committees of all parties. These nominations are certified to the county commissioners of the proper counties for printing on the primary election ballot. The county commissioners make return to this office of the votes received by the several candidates and the names of the candidates who were successful at the primaries are then certified to the county commissioners for printing on the official ballots to be used at the November elections.
Returns of the November election are filed with the Prothonotary of the County, who certifies them to this office. After these returns have been tabulated and computed, the names of the successful candidates for Representatives in Congress are certified to the Clerk of the House of Representatives at Washington, and the vote for Senators and Representatives in the General Assembly are presented to the Senate and House of Representatives on the first day of the session succeeding the election. The names of the successful candidates for all commissioned officers are certified to the Governor who thereupon issues their commissions.
The Bureau of Registration was created by the Act of February 26, 1919. It is the duty of the Clerk of this Bureau :
(1) To register the assumed or fictitious names under which individuals carry on or conduct business when applications for such registry are properly presented, as required by the Assumed Name Act of June 28, 1917, and to make a notation of the cancellation of a business once registered, or of the withdrawals from the personnel of a business once so registered, when such statements of cancellation or withdrawal are presented in accordance with the provisions of the Aet approved June 20, 1919. (2)
To register trademarks, trade namrs, labels, etc., when applied for in accordance with the provisions of the Trade Mark Act of June 20, 1901, as amended. (3)
To register bottle descriptions when applied for in accordance with the provisions of the Act approved June 15, 1911.
To register union labels when applied for in accordance with the provisions of the Act approved April 3, 1903.
To register applications for license to manufacture or distill and sell ethyl alcohol when applied for in accordance with the provisions of the Act approved July 21, 1919.