1 June 1887. P. L. 289.

Notwithstanding execution may have issued.

Or any contin

gency or condition.

Effect of revival.

Ibid.

against terre-ten

which such judgment may be entered or revived, unless revived, within that period, by agreement of the parties and terre-tenants filed in writing, and entered on the proper docket, or a writ of scire facias to revive the same be sued out within said period, according to the provisions of the act to which this is a supplement, notwithstanding an execution may be issued within a year and a day from the rendering of such judgment, or a stay of execution may be entered on such judgment, or a time subsequent to the rendering of such may be appointed, by agreement of the parties, for the payment of the money for which such judgment may be rendered, or any part thereof, or notwithstanding any other condition or contingency may be attached to such judgment; nor shall the revival of such judgment by agreement, as aforesaid, or the issuing of a scire facias, either with or without entry of judgment thereon, have the effect of continuing such lien for a longer period than five years from the day on which it may be entered or revived, or such scire facias may have issued.

3. No proceeding shall be available to continue the lien of said judgment Continuance of lien against a terre-tenant, whose deed for the land bound by said judgment has been recorded, except by agreement in writing signed by said terre-tenant, and entered on the proper lien docket, or the terre-tenant or terre-tenants be named as such in the original scire facius.(a)

ants

(a) This is an amendment of the act 26th March 1827, § 1, 9 Sm. 303. See ante, vol. I., page 946, pl. 5.

I. HOW JURY BOX TO BE FILLED.

Juries.

2. Prothonotary to strike. When twelve jurors suffi

1. Twenty names to be drawn. Plaintiff and defendant cient. to strike one alternately. Remaining twelve to be jurors.

23 June 1885. P. L. 138.

Twenty names to be drawn.

I. How jury box to be filled.

1. When any cause shall be ready for trial, some disinterested person shall, by direction of the court, in open court draw from the said box, after having well mixed the papers deposited therein as aforesaid, twenty of said papers one after another; and if any of the jurors whose names shall be so drawn shall not appear, or shall be challenged and set aside for cause, such person shall proceed to draw as aforesaid a further number of the said papers, until twenty jurors shall appear, the names of which said twenty jurors shall be written in a panel by the prothonotary or clerk, from which the plaintiff shall strike one name and the defendant one, and so on alternately, until each party shall have exercised the four peremptory challenges allowed by law, and the remaining twelve jurors, Remaining twelve having been sworn or affirmed as the law directs, shall be the jury to try such

Plaintiff and defendant shall

strike one alternately.

to be jurors.

Ibid.

When prothonotary to strike.

When twelve sufficient.

cause.

2. In case either party shall neglect, or refuse to aid in striking the jury as aforesaid, the prothonotary or clerk shall strike the same on behalf of such party: And provided, further, That whenever the first twelve jurors appearing in answer to the call of their names as aforesaid are satisfactory to the parties, the calling of further jurors may be dispensed with. (a)

(a) This is an amendment of the act 14 April 1834, 140, P. L. 366, ante, vol. I., p. 965, pl. 66.

12 May 1887. P. L. 96.

Amendments of authorized.

names of any party

1. The several justices of the peace and aldermen of this commonwealth shall have power, in all actions pending or hereafter to be brought before them, in any stage of the proceedings, before final judgment, on reasonable notice, to grant a hearing and permit amendments by changing or altering the christian or surname of any party plaintiff or defendant, whenever it shall be made to appear, upon due proof, that a mistake or omission has been made in the christian or surname of any party plaintiff or defendant: Provided, That, if by such alteration or Surprise. amendment the adverse party shall be taken by surprise, which shall be verified by oath or affirmation of such party, the said justice or alderman shall grant a continuance of said hearing to such future time as said justice or alderman may deem proper, not exceeding five days for said hearing.

P. L. 159.,

before delivering

2. In all cases of appeal from the judgment of an alderman or a justice of 24 June 1885 § 1. the peace the said alderman or justice shall be entitled to demand and receive from the appellant the costs in the case, before the making and delivery of the May demand costs transcripts for said appeal: and, if the appellant shall finally recover judgment transcript for in the case appealed, he shall be entitled to receive and collect from the adverse appeal. party the costs so as aforesaid paid on appeal.

3. Aldermen and justices of the peace shall have the same right to demand Ibid. 2. and receive the costs as aforesaid, before issuing a transcript of a judgment reco- Also before tranvered before them, for entry in the court of common pleas, or other purpose; and script of judgmen the party paying the same shall be entitled to recover them from the party legally is given. liable to pay the same.

4. Any party to a suit before an alderman or justice of the peace shall have the right to appeal, and demand and receive transcripts, without payment of costs as hereinbefore provided, on their making and filing, with the alderman or justice of the peace, an affidavit that they are unable, through poverty, to pay said

costs.

II. Magistrates.

Ibid.

Affidavit of poverty.

1 Feb. 1887 1. P. L. 3.

5. There be hereby established, in Philadelphia, four additional courts, not of record, of police and civil causes, with jurisdiction not exceeding one hundred dollars. Each of said courts to be held by one magistrate, whose term of office Four additional shall be five years.

courts established. Ibid. 2.

6. The additional magistrates, to preside over the said courts, shall be elected at the next municipal election, on the general ticket, with such other magistrates Election of addias are to be then elected, and shall hold their offices for the term of five years, from the first Monday of April next succeeding their election.

7. The said four additional magistrates shall each be paid, by the said city, for their services, a salary of the same amount now paid to each of the other magistrates thereof and in the same manner.

8. The said four additional magistrates shall draw lots for their courts with the other magistrates elected upon the same ticket at the same time.

tional magistrates. Term.

Ibid. 3.

Salaries.

Ibid. 4.

Selection of courts.

Libraries.

1. Cities authorized to receive donations for free libraries. May appropriate for.

1. It shall be competent for any incorporated city within this commonwealth and the same is hereby empowered to take and hold any grant or donation of money, books and manuscripts, or property, real or personal, for the use of establishing a free library within the limits of such corporation, and to make provision, by annual appropriation, for the maintenance of such library.

8 July 1885 P. L. 270.

Six years' possession of sheriff's vendee.

Limitation of Actions.

1. Six years' possession to cure formal defects in the proofs of sheriff's vendee.

1. No deed, grant, conveyance or assurance, heretofore or hereafter given by any sheriff or coroner of any of the counties within this state, bona fide and for a valuable consideration, of any lands, tenements, or hereditaments whatsoever, where quiet and peaceful possession hath been had of the same for the space of six years, shall be adjudged or taken to be defective, avoided or prejudiced for not producing in court upon trial or otherwise any writ of fieri facias, levari, venditioni exponas, or any returns thereupon or for want of proof that due and legal notice of the sales of the same was given, or for not having been recorded in the proper office for recording such deeds, and any judgment shall be prima facie evidence of the regularity of the publication of any original or other writ upon which such judgment is founded where quiet and peaceable possession hath been had for the space of six years under a deed, grant or conveyance in pursuance of proceedings thereon.(a)

(a) This is an amendment of the act 26th March 1785, § 7, 2 Sm. 301, ante, vol. II., p. 1063, pl. 7.

25 June 1885. P. L. 182.

Limited Partnerships.

1. Interests therein to be personal estate. Transfer. 2. Interest of transferree.

1. Interests in such partnership associations shall be personal estate, and may be transferred, given, bequeathed, distributed, sold or assigned, under such rules Interests declared and regulations as such partnership associations shall, from time to time prescribe personal property. by a vote of a majority of the members in number and value of their interests; and in the absence of such rules and regulations, the transferree of any interest in any such association shall not be entitled to any participation in the subsequent business of such association, unless elected to membership therein, by a vote of a majority of the members in number and value of their interests.

Transfer.

Ibid.

Interest of transferree.

value of interests.

2. And any change of ownership, whether by sale, death, bankruptcy or other wise, which occurs in the absence of any rules and regulations of such associa tions regulating such transfer, and which is not followed by election to member. Determination of ship in such associations, shall entitle the owner or transferree only to the value of the interest so acquired at the date of acquiring such interest, at a price and upon terms to be mutually agreed upon, and in default of such agreement, at a price and upon terms to be fixed by an appraiser to be appointed by the court of common pleas of the proper county, on the petition of either party, which appraisement shall be subject to the approval of said court. (a)

(a) This is an amendment of the act 2 June 1874, § 4, P. L. 271, ante, vol. I., p. 93o, pl. 4.

I. RETAIL LIQUORS.

1. Retail license required.

2. Who entitled.

3. Only by quarter sessions for one year.

Liquors.

4. Court to fix time for hearing. Licenses under pre

15. Constables to return all places. Duty of judges Penalty.

16. To make monthly visitations and return all violations. Penalty.

17. License to be framed and hung up. Penalty.

18. Not to sell on credit.

19. Selling without license.

20. Violations by licensed persons.
21. Two convictions to bar license.

22. Permitting customary visitation of disreputable
persons. Keeping disorderly house.
23. Apothecaries. Prescriptions.

24. Furnishing on election day. On Sunday. To a minor. Intemperate persons. On a pass-book. Exchange. Penalty.

25. House declared a nuisance. Abatement.
26. Repeal.

II. WHOLESALE LIQUORS.

27. Dealers to be licensed. Amount.

28. Quarter sessions only to grant licenses. Court to fix time for hearing. Licenses under existing laws. Quantities dealers may sell.

29. Bottlers. Amount of license. Not to be drunk on premises.

I. Retail liquors.

1. It shall be unlawful to keep or maintain any house, room or place, hotel, inn or tavern, where any vinous, spirituous, malt or brewed liquors, or any admixture thereof, are sold by retail, except a license therefor shall have been previously obtained as hereinafter provided.

13 May 1887 ? 1.

P. L. 108.

Retail license

required.

Ibid. 2 2.

2. Licenses for the sale of vinous, spirituous, malt or brewed liquors at retail, in quantities not exceeding one quart, shall only be granted, to citizens of the who entitled. United States of temperate habits and good moral character.

Ibid. 3.

3. Such licenses may only be granted by the court of quarter sessions of the proper county, and shall be for one year, from a date fixed by rule or standing Only by quarter

order of said court.

sessions for one year.

4. The said court shall fix by rule or standing order a time at which applica- Ibid. tion for said licenses shall be heard, at which time all persons applying or making Courts to fix a objections to applications for licenses may be heard by evidence, petition, remon- time for hearing. strance or counsel: Provided, That licenses under previous laws shall not be granted later than June thirtieth of this year.

filed.

Fees.

Ibid. 4.

5. Every person intending to apply for a license as aforesaid in any city or county of this commonwealth, from and after the passage of this act, shall file Applications to be with the clerk of the court of quarter sessions of the proper county his, her or their petition, at least three weeks before the first day of the session of the court at which the same is to be heard, and shall at the same time pay said clerks five dollars for expenses connected therewith; and said clerk shall cause to be published three times in two newspapers, designated by the said court, a list containing the names of all such applicants, their respective residences and the place for which application is made; the first publication shall be not less than fifteen Publication. nor more than twenty-five days before the time fixed by the court.

6. No license shall be granted under the provisions of this act to any person to sell in any room where groceries are sold at wholesale or retail.

Ibid.

Not granted where

Ibid.

tile appraisers in

7. In cities of the first class, in the month of January in each and every year, groceries are sold. it shall be the duty of the mercantile appraisers to return, under oath, together with the list of mercantile taxes, all licensed and unlicensed hotels, taverns, inns, Duties of mercanrestaurants or saloons engaged in selling intoxicating liquors, and shall also cities of the first return a duplicate list of said licensed and unlicensed hotels, taverns, inns, class. restaurants or saloons, to the clerks of the court of quarter sessions, and the said list of licensed and unlicensed hotels, taverns, inns, restaurants or saloons shall be published in the manner now prescribed for the publication of mercantile List of to be pubappraisers' lists, and said list shall contain the name and amount paid by each lished.

P. L. 108.

Duty of districtattorney.

13 May 1887 24. licensee, and a list of every unlicensed hotel, tavern, inn, restaurant or saloon: and it shall be their further duty to return to the district-attorney in said cities of the first class, the name and residence of every proprietor or keeper of any unlicensed hotel, tavern, inn, restaurant or saloon, together with the location thereof; and it shall be the duty of the district-attorney to forthwith proceed to prosecute each and every offender according to law. And for each and every license granted by the court for any hotel, tavern, inn, restaurant or saloon, the mercantile appraisers shall receive the sum of two dollars and fifty cents, the said sum to be paid by the applicant or applicants for said license.

Fees.

Ibid. 5. Contents of peti

tion.

Ibid 6. Certificate of twelve electors.

Contents of said certificate.

Ibid. 7.

Additional petitions and remonstrances to be heard.

Ibid.

Revocation.

Ibid. 28. Classification.

8. Said petition shall contain,

First. The name and present residence of applicant, and how long he has there resided;

Second. The particular place for which a license is desired;

Third. The place of birth of said applicant, and if a naturalized citizen, where and when naturalized;

Fourth. The name of owner of premises;

Fifth. That the place to be licensed is necessary for the accommodation of the public;

Sixth. That none of the applicants are in any manner pecuniarily interested in the profits of the business conducted at any other place in said county where any of said liquors are sold or kept for sale;

Seventh. That the applicant is the only person in any manner pecuniarily interested in the business so asked to be licensed, and that no other person shall be in any manner pecuniarily interested therein, during the continuance of the license;

Eighth. Whether applicant, or any of them, has had a license for the sale of liquors in this commonwealth during any portion of the year preceding this ap plication, revoked;

Ninth. The names of no less than two reputable freeholders of the ward or township where the liquor is to be sold, who will be his, her, or their sureties on the bond which is required, and a statement that each of said sureties is a bonâ fide owner of real estate in the said county worth over and above all incumbrances the sum of two thousand dollars, and that it would sell for that much at public sale, and that he is not engaged in the manufacture of spirituous, vinous, malt or brewed liquors;

Tenth. This petition must be verified by affidavit of applicant, made before the clerk of the court, a magistrate, notary-public, or justice of the peace, and, if any false statement is made in any part of said petition, the applicant or applicants shall be deemed guilty of the crime of perjury, and upon indictment and conviction shall be subject to its penalties.

9. There shall be annexed to such petition a certificate signed by at least twelve reputable qualified electors of the ward, borough or township in which such liquors are to be sold, setting forth that they have been acquainted with the applicant or applicants, that they have good reason to believe that each and all the statements contained in the petition are true, and they therefore pray that the prayer of said petitioner be granted and that the license prayed for issue.

10. The said court of quarter sessions shall hear petitions from residents of the ward, borough or township, in addition to that of the applicant, in favor of and remonstrance against the application for such license, and in all cases shall refuse the same whenever, in the opinion of the said court, having due regard to the number and character of the petitioners for and against such application, such license is not necessary for the accommodation of the public and entertainment of strangers or travellers, or that the applicant or applicants is or are not fit persons to whom such license should be granted.

11. Upon sufficient cause being shown or proof being made to the said court that the party holding a license has violated any law of this commonwealth relating to the sale of liquors, the court of quarter sessions shall, upon notice being given to the person so licensed, revoke the said license.

12. All persons licensed to sell at retail any vinous, spirituous, malt or brewed liquors, or any admixture thereof, in any house, room or place, hotel, inn or tavern, shall be classified and required to pay annually for such privileges, as Amount of license. follows: Persons licensed to sell by retail, resident in cities of the first, second and third class, shall pay the sum of five hundred dollars; those resident in all other cities, shall pay three hundred dollars; and those resident in boroughs, shall pay the sum of one hundred and fifty dollars; those resident in townships shall pay the sum of seventy-five dollars; which sum shall be divided in portions,