CRIMES. P. L. 13. Ibid. discharge when such officer, soldier, sailor, or marine shall demand possession 30 April 1865 § 1. Wilful mutilation, or delivery to third person. Ibid. 17. In case of the death of the party named in such commission or discharge, when the possession may be as aforesaid, the party or parties having possession In case of death. shall deliver up the same on the written request of the widow, or legal representative of such officer, soldier, sailor or marine. Ibid. 2. 18. Any person or persons who shall violate the provisions of the preceding section, or refuse to comply with the requirements thereof, shall be deemed guilty Punishment. of a misdemeanor, and on conviction thereof, shall be fined not exceeding five hundred dollars, and imprisoned not exceeding three months, or both, or either, at the discretion of the court before which the conviction be made. 23 May 1887. P. L. 177. ing cars, &c. 19. If any person shall break and enter any car, caboose or locomotive, or wilfully or maliciously, either by day or by night, with or without breaking, enter the same with intent to commit any felony whatever therein, the person so offend- Breaking or enter ing shall be guilty of felony, and on conviction be sentenced to pay a fine not exceeding five hundred dollars, and to undergo an imprisonment, by separate and solitary confinement at labor, not exceeding four years, or both, or either at the discretion of the court. V. Malicious mischief. Penalty. 23 June 1885. P. L. 138. maps, &c., of pub Injuring books, lic library, &c. 20. If any officer, clerk, agent or member of any public library, duly incorporated under the laws of this commonwealth, or any other person whatever, shall hereafter wilfully cut, mutilate, or otherwise injure any book, volume, map, chart, magazine, newspaper, painting, engraving or statuary belonging to or deposited in any public library, museum or gallery, so incorporated as aforesaid, or in any department of this commonwealth, shall procure such injury to be done, as herein stated, every such person shall be deemed to be guilty of a misdemeanor, and upon conviction thereof, by any court of competent jurisdiction, shall be liable for each offence, to a fine of not more than one hundred dollars, Punishment. or imprisonment in the county jail not exceeding three months or both or either at the discretion of the court: moreover he shall be liable to make good the said damage or injury to said institution, in addition to aforesaid fine and imprisonment: Provided, however, That no prosecution shall be maintained under this Copies of this iaw act, unless the library [museum or gallery or institution](a) prosecuting, shall have at least two printed copies of this act conspicuously placed upon its premises. 21. If any person shall wilfully and maliciously injure any well sunk for the 28 June 1885 § l. production of oil, or gas, or water, or any tank intended or used for the storage of oil, or gas, or water, or any line of pipe intended or used for the transportation Injury to oil, gas of oil, or gas, or water, or any machinery connected with such wells, tanks or lines of pipe, he shall be guilty of a misdemeanor, and upon being thereof convicted, shall be sentenced to pay a fine not exceeding one thousand dollars, and undergo imprisonment not exceeding three years, or both, or either, at the discretion of the court. to be posted. P. L. 145. or water wells. Penalty. 22 March 1887. P. L. 8. Wilful damage y bailees.. 22. Whenever hereafter any bailee or bailees for hire, or loan of any property of any livery-stable keeper, shall wilfully or with gross negligence, damage or destroy the property of any one as aforesaid, while the same is in the custody or possession of said bailee or bailees, the person or persons so offending shall be taken and deemed guilty of a misdemeanor, and upon conviction in the court of quarter sessions, shall be punished by a fine not exceeding one hundred dollars, Punishment. proor imprisonment not exceeding twenty days in the county jail, or both, at the discretion of the court, and shall be liable to said owner or owners of said perty for the value thereof, or the injury done to the same, in an action of debt, either in the court of common pleas or before a justice of the peace, as like Jurisdiction. amounts are now by law recoverable. 23. Any person or persons, other than the lawful owner or owners, who shall deface, obliterate or remove, or procure another or others to deface, obliterate. (a) So amended by act 19 May 1887, P. L. 140. Civil remedy. 23 May 1887. P. L. 167. 23 May 1887. P. L. 167. floating saw-logs, &c. Conversion of such logs, &c. Counterfeiting brands. Penalty. or remove, any mark, letter or brand from any saw-log, board, shingle, bolt or lumber of any kind, floating in or lodged upon the banks of any of the Defacing brands on rivers or streams of this commonwealth, or who shall destroy, split, saw, or in any way convert the same to his or their own use, or who, not being the owner or owners thereof, shall knowingly sell any such logs, boards, shingles, bolts or other lumber, or who shall knowingly buy the same from any person or persons than the owner or owners, or who shall wilfully or with intent to defraud and injure another or others, counterfeit, or use the mark, letter or brand, used by him or them on any such logs, boards, shingles, bolts, or lumber of any kind, shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to undergo an imprisonment for any period not exceeding two years, and to pay a fine not exceeding one thousand dollars, both or either at the discretion of the court. 24. Any person found guilty of wilfully and maliciously mutilating, destroying, tearing down, or removing any show-bill, placard, programme, poster or other Mutilation, &c., of advertisement, posted upon any rail, fence, bill-board or other structure, in or show-bills, posters, located upon any public highway, in this commonwealth, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than twenty-five dollars nor more than one hundred dollars: Provided, The penalties of this act shall not apply to those tearing down or removing show-bills, play-bills, posters, programmes, after the performance therein advertised, or to the owner or tenant of any building, fence or other structure, when the same has been posted or put up without his or their consent, except such owner or tenant be the bill-poster putting up or employed to put up the same. &c. 6 May 1887. P. L. 87. Punishment. Exception. 3 June 1885. P. L. 55. Inducement to pur chase, by giving checks, &c., repre senting value. Penalty. When act is to take effect. 23 June 1885. P. L. 136. Fraudulently secreting or removing property. cealment. VI. Trade offences.(a) 25. Any merchant, manufacturer, importer, retailer or dealer doing business within this commonwealth, who shall offer, give, or sell, or authorize or permit any agent, salesman or employee to offer, give, or sell any purchaser or customer any ticket or tickets, check or checks, or other tokens or memoranda entitling such purchaser or customer to demand or receive money or any article of value, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be sentenced to pay a fine not less than ten, nor exceeding one hundred dollars, or suffer imprisonment not exceeding one year, or either, or both, at the discretion of the court: Provided, This act shall not go into force for one year after the same shall become a law. 26. Any person who shall remove any of his property, or the property of any other person or persons, out of any county, with intent to prevent the same from being levied upon by any execution, or who shall secrete, assign, convey or otherwise dispose of any of his property, or the property of any other person, with intent to defraud any creditor, or to prevent such property from being levied upon by any execution, or to prevent such property from being made liable for the payment of his debts, or the debts of any other person, and any person who Reception or con- shall receive such property, with such intent, or who shall, with like intent, collude with any debtor, or any other person, for the concealment of such property, or for giving a false color thereto, or shall conceal any grant, sale, lease, bond or other instrument or proceeding, either in writing or by parol, or shall Becoming grantee, become a grantee, purchaser, lessee, obligee or other like party in any such instrument or proceeding, with the like fraudulent intent, or shall act as broker, scrivener, agent or witness in regard to such instrument or proceeding with like intent, such person or persons, on conviction thereof, shall be guilty of a misdemeanor, and be sentenced to pay a sum not exceeding the value of the property or effects so secreted, assigned, conveyed or otherwise disposed of or concealed, or in respect to which such collusion shall have taken place, and undergo an imprisonment, not exceeding one year.(b) purchaser, &c. Penalty. 19 May 1887. P. L. 130. 27. Every person who, by false pretence, shall obtain from any club, association, society or company for improving the breed of cattle, horses, sheep, swine or other domestic animals, the registration of any animal in the herd register, or horses, &c., or the other register of any such club, association, society or company, or a transfer of Obtaining the registration of cattle, giving of a false pedigree. any such registration, and every person who shall knowingly give a false pedigree of any animal, upon conviction thereof, shall be punished by imprisonment in a county jail for a term not exceeding one year, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment. (a) See title "Fireworks." (b) This is an amendment of the act 31 March 1860, 130, P. L. 413, ante, vol. I., page 443, pl. 215. 19 May 1887. P. L. 130. modate, on account 28. Any person, company, corporation, being owner, lessee or manager of any restaurant, hotel, railroad, street railway, omnibus line, theatre, concert hall, or place of entertainment or amusement, who shall refuse to accommodate, convey Refusal to accomor admit any person or persons on account of race or color over their lines, or of race or color. into their hotel, or restaurant, theatre, concert hall, or place of amusement, shall, upon conviction thereof, be guilty of a misdemeanor, and be punished by fine Penalty. not less than fifty dollars nor more than one hundred dollars. P. L. 157. confectionery. 29. If any person shall manufacture for sale, or sell or offer to sell any candy 22 May 1887 1. or confectionery adulterated by the mixture of terra alba, barytes, talc, or other mineral substance, or by poisonous colors, or flavors, or other ingredients, delete- Adulteration of rious or detrimental to health, knowing the same to be so adulterated, such person so offending shall be guilty of a misdemeanor, and, upon conviction, be sentenced Penalty. to pay a fine not exceeding one hundred dollars nor less than fifty dollars, and the candy or confectionery so adulterated shall be forfeited and destroyed by the To be destroyed. order of the court. Ibid. 22. Possession prima 30. If any candy or confectionery adulterated in violation of the first section of this act, shall be found in the possession of any manufacturer, merchant, or dealer, it shall be deemed primâ facie evidence that the same is offered for sale facie evidence. and that the person having it in possession knew that the same was so adulterated. value. Ibid. 3. 31. No action shall be maintained or recovery had in any case for the value of any candy or confectionery which may have been adulterated, as specified in No action for the first section of this act, and it shall be competent for the defendant in every such case to prove that the candy or confectionery was so adulterated, and proof thereof being so made, shall amount to a good and legal defence to the whole of Good defence. the plaintiff's claim therefor. VII. Partners. 3 June 1885. P. L. 60. property or use of name by a co priation of firm partner. 32. If any member of a co-partnership, corporation or association, without the consent of his associate or associates in such co-partnership, corporation or association, wilfully and fraudulently converts to his own use, or takes, makes way Fraudulent approwith, or secretes, with intent to convert to his own use, or to the use of another, or withholds, or appropriates or otherwise fraudulently applies or makes use of any money, goods, rights in action, or other valuable securities or effects belonging to such copartnership, corporation or association, and which may have come into his possession or under his care, or who shall wilfully or fraudulently use or pledge the name of the partnership, corporation or association for any other purpose than the bona fide use of said firm, co-partnership, corporation or association, he shall be guilty of a misdemeanor, and shall, upon conviction thereof, be sen- Punishment. tenced to an imprisonment not exceeding two years, or to a fine not exceeding one thousand dollars, or both or either, at the discretion of the court. 4 June 1885. P. L. 74. money. Omission to make books. 33. If any person, being a member of any co-partnership, firm or association, shall, as such, receive or possess himself of any money or other property of such co-partnership, firm or association, otherwise than in payment to him of a just Conversion of firm debt or demand, and shall, with intent to defraud, omit to make or to cause or direct to be made a full and true entry thereof in the books and accounts of such true entry in firm co-partnership, firm or association, or shall, with intent to defraud, destroy, alter, Destruction, altermutilate or falsify any of the books, papers or writings, or securities, belonging ation, mutilation, to any such co-partnership, firm or association of which he is a member, or shall or falsifying of or concur in making any false entry or material omission in any book of accounts or other documents, he shall be guilty of a misdemeanor, and on conviction, be sentenced to pay a fine not exceeding one thousand dollars, or undergo an Penalty. imprisonment not exceeding two years, or either or both, at the discretion of the court. firm books. Criminal Procedure. 1. Jail breakers may be sent to the penitentiary. 3. Felony to be returned to court in five days. 2. Prisoner released from balance of county prison Penalty. term. 10 June 1885 1. P. L. 79. Prisoners con victed of jail breaking may be sen 1. It shall be lawful for the judges of the courts of oyer and terminer, quarter sessions and general jail delivery of this commonwealth, to sentence any prisoner who may be convicted of jail breaking or attempting to break jail, to the proper penitentiary for said offence, and to add to said sentence for jail breaking or tenced to the peni- attempting to break jail, a further sentence to the said penitentiary for the remainder of the term which the said prisoner was serving at the time of his or her escape. tentiary. Ibid. § 2. Prisoner released from balance of county prison term. 11 June 1885. P. L. 110. Felony to be re five days. 2. Whenever a sentence to the penitentiary for the remainder of a term of imprisonment as aforesaid shall be imposed by the judges of the aforesaid courts, said sentence shall release the prisoner on whom it may be imposed from serving the remainder of the term which he or she was serving in such prison at the time of his or her escape. 3. It shall be the duty of all aldermen, justices of the peace and committing magistrates in this commonwealth, upon complaint being made in criminal cases, upon oath or affirmation of any person or persons, to enter such complaint upon turned to court in their dockets, with the name, residence and occupation, if any, of all defendants, bail and witnesses, in every criminal case, and to return to the clerk of the court of quarter sessions of the peace of the several counties respectively, a true transcript from the said docket, within five days after the binding over or committal of any defendant or defendants, charged with any felony; and any wilful violation of the requirements of this section is hereby declared a misdemeanor in office, and on conviction thereof, the party so offending shall be fined in a sum not exceeding three hundred dollars, and the costs of prosecution. Penalty. Decedents' Estates. I. LETTERS OF ADMINISTRATION. 1. Application for, after seven years' absence. Register to certify application to orphans' court. Notice. 2. Evidence. Witnesses. 3. If death is established. Notice. 4. When court shall order letters to issue. 5. Court may revoke letters. Effect. Duty of administrator. 6. Security required before distribution. Failure to give security. 7. Substitution of supposed decedent. Judgments may be opened. Effect of lien. 8. Costs. 24 June 1885 § 1. P. L. 155. After absence of seven years, application for. application to orphans' court. II. INVENTORY AND APPRAISEMENT. 9. To be recorded by register. Copies to be evidence. Fees. III. DEVISES. 10. Failure of devise for religious, charitable, literary, educational or scientific use. IV. REFUNDING BONDS. 11. Suits must be brought in five years. Exceptions. Within two years after removal of disability. 12. Bonds heretofore given. Construction. I. Letters of administration 1. Whenever, hereafter, letters of administration on the estate of any person supposed to be dead on account of absence for seven or more years from the place of his last domicile within this commonwealth, shall be applied for, it shall be the duty of the register of wills, to whom the application shall be made, to Register to certify certify the same forthwith to the orphans' court of the county; the said court, if satisfied that the applicant would be entitled thereto, were the supposed decedent in fact dead, shall cause to be advertised, in a newspaper published in the Notice to be pub- county, once a week for four successive weeks, the fact of said application, together with notice that on a day certain, which shall be at least two weeks after the last of said advertisements, the court will hear evidence concerning the alleged absence of the supposed decedent and the circumstances and duration thereof. lished. P. L. 155. 2. At the hearing, the orphans' court shall take such legal evidence as shall 24 June 1885 ? 2. then be offered, for the purpose of ascertaining whether the presumption of death is established, and no person shall be disqualified to testify by reason of his or her relationship as husband or wife to the supposed decedent, or of his or her interest in the estate of the person supposed to be dead. Evidence. terest not to dis qualify witnesses. Ibid. 3. If death is estab 3. If satisfied upon the hearing, that the legal presumption of death is made out, the court shall so decree, and shall forthwith cause notice thereof to be inserted for two successive weeks in a newspaper published in the county, and, lished. also, when practicable, in a newspaper published at or near the place beyond the commonwealth, where, when last heard from, the supposed decedent had his residence. The said notice shall require the supposed decedent, if alive, or any other Notice. person for him, to produce to the court within twelve weeks from the date of its last insertion satisfactory evidence of his continuance in life. issue. Ibid 4. 4. If, within the said period of twelve weeks, evidence satisfactory to the orphans' court of the continuance in life of the said decedent shall not be forth- When court shall coming, it shall be the duty of the court to order the register of wills to issue the order letters to letters of administration to party thereto entitled; and the said letters, until revoked, and all acts done in pursuance thereof and in reliance thereupon, shall be as valid as if the supposed decedent were really dead. Effect. trator. Ibid. 5. 5. The orphans' court may revoke the said letters at any time, on due and satisfactory proof that the supposed decedent is in fact alive; after which revo- Court may revoke cation all the powers of the administrator shall cease, but all receipts or disburse- letters. ments of assets, and other acts previously done by him shall remain as valid as if the said letters were unrevoked; and the administrator shall settle an account Duty of adminisof his administration down to the time of such revocation, and shall transfer all assets remaining in his hands to the person as whose administrator he had acted, or to his duly authorized agent or attorney: Provided, Nothing in this act contained shall validate the title of any person to any money or property received as widow, next of kin or heir of such supposed decedent, but the same may be recovered from such person, in all cases in which such recovery would be had, if this act had not been passed. Ibid. 6. Before any distribution of the proceeds of the estate of such supposed decedent, the persons entitled to receive the same shall respectively give sufficient Security required real, personal security, to be approved of by the orphans' court having jurisdic- before distribution. tion, in such sum and form as the court shall direct, with condition, that if the said supposed decedent shall in fact be at the time alive, they will respectively refund the amounts received by each on demand, with interest thereon; but if Failure to give the person or persons entitled to receive the same is or are unable to give the security aforesaid, then the money shall be put at interest, on security approved by said court, which interest is to be paid annually to the person entitled to it, and the money to remain at interest until the security aforesaid is given, or the orphans' court, on application, shall order it to be paid to the person or persons entitled to it. security. Ibid. 26. Substitution of be opened. 7. After revocation of the letters, the person erroneously supposed to be dead may, on suggestion filed of record of the proper fact, be substituted as plaintiff in all actions brought by the administrator, whether prosecuted to judgment or supposed decedent. otherwise. He may, in all actions previously brought against his administrator, be substituted as a defendant, on proper suggestion filed by himself, or by the plaintiff therein, but shall not be compelled to go to trial in less than three months from the time of such suggestion filed. Judgments recovered against Judgments may the administrator before revocation, as aforesaid, of the letters, may be opened on application by the supposed decedent, made within three months from the said revocation and supported by affidavit, denying specifically, on the knowledge of the affiant, the cause of action, or specifically alleging the existence of facts which would be a valid defence; but, if within the said three months, such application shall not be made, or being made, the facts exhibited shall be adjudged an insufficient defence, the judgment shall be conclusive to all intents saving the defendant's right to have it reviewed, as in other cases, by certiorari or writ of error. After the substitution of the supposed decedent as defendant in any Effect of lien. judgment, as aforesaid, it shall become a lien upon his real estate in the county, and shall so continue for the period of five years, as other judgments, unless and until it shall be set aside by the court below, or reversed in the supreme court. 8. The costs attending the issue of letters or their revocation, shall be paid out of the estate of the supposed decedent; and costs arising upon an applica- Costs. tion for letters which shall not be granted, shall be paid by the applicant. Ibid. 27. |