MILK.

I. INSPECTION-SALE-ADULTERATION. 1. Municipal corporations may provide for inspection of milk.

2. Punishment for sale of adulterated milk. 3. For adulterating milk.

4. Milk-wagons to be marked. Penalty for neglect.

5. Penalty for deceptive marking.

6. What is to be deemed an adulteration.

7. Furnishing impure milk to butter or cheese factories.

II. IN CITIES OF THE SECOND AND THIRD
CLASSES.

8. Sales, &c., of adulterated milk prohibited in cities of second and third class.

9. "Skimmed milk."

10. Vessel to be labelled.

20 April 1869 § 1. P. L. 81.

11. Adulterated milk defined.

12. When "skimmed milk" shall be deemed adulterated.

13. Inspector may take specimens for examination. Evidence.

14. May cause milk to be analyzed. Expense. 15. To commence proceedings for violations. 16. Fines and imprisonment.

17. Violation declared a misdemeanor. Penalty.

III. MILK CANS.

18. Sale of stamped milk cans prohibited.
19. Owners to mark their property.

20. Wilfully destroying marks, a misdemeanor.
21. Search-warrants.

22. Penalty for use without permission of owner.
23. Violation of act, a misdemeanor.
24. Repealing clause.

I. Inspection-Sale-Adulteration.

1. The councils of cities and boroughs in this commonwealth be and they are hereby authorized and empowered to provide for the inspection of milk, under Inspection of milk. such rules and regulations as will protect the people from adulteration and dilution of the same.(8)

25 May 1878 § 1. P. L. 144.

2. Any person or persons, who shall knowingly sell or exchange, or expose for sale or exchange, any impure, adulterated or unwholesome milk, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not less sale of adulterated than twenty dollars for each and every offence; and if the fine be not paid, shall be imprisoned for not less than fifteen days, or until said fine shall be paid.

Punishment for

milk.

Ibid. § 2. For adulterating milk.

Ibid. § 3.

Milk-wagons to be marked.

Penalty for neglect.

Ibid. § 4.

Penalty for deceptive marking.

Ibid. § 5.

What to be deemed an adulteration.

10 June 1881 § 1. P. L. 116.

Penalty for fur

milk to butter

factories.

3. Any person who shall adulterate milk, with the view of offering the same for sale or exchange,(t) shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than ten dollars for each and every offence; and if the fine be not paid, shall be imprisoned for not less than eight days, or until said fine is paid.

4. Any person or persons who shall, in any cities, boroughs and villages, having a population of one thousand inhabitants and upwards, engage in or carry on the sale, exchange or traffic in milk, shall have the carriage or vehicle from which the same is vended conspicuously marked with his, her or their names, also indicating the locality from whence said milk is obtained or where produced; and for every neglect of such marking, the person or persons so neglecting shall be subject to the penalties provided for in section second of this act.

5. For marking wagons or vehicles, so as to convey the idea that said milk is procured from, or produced in, a different locality than it really is, the person or persons so offending shall be subject to a fine of fifty dollars, or imprisonment not less than thirty days, or both, at the discretion of the court.

6. The addition of water or of ice to the milk, is hereby declared an adulteration; any milk obtained from animals fed on distillery-waste or any substance in a state of putrefaction, is hereby declared to be impure and unwholesome.

7. If any person or persons shall, with intent to defraud, sell, supply or bring to be manufactured, to any butter or cheese manufactory in this state, any milk, diluted with water, or in any way adulterated, uncleanly or impure, or milk from nishing of impure which cream has been taken, or milk commonly known as skimmed milk, or if any person or persons so furnishing milk as aforesaid, who shall keep back any part of the milk known as "strippings," or shall knowingly bring or supply milk any butter or cheese manufactory that is tainted or partially sour, or shall knowingly bring or supply to any butter or cheese manufactory, milk drawn from cows within fifteen days before parturition, or within five days after parturition, shall for each offence forfeit and pay a sum not less than ten dollars nor more than one hundred dollars, with costs of suit, to be sued for in any court of competent jurisdiction for the benefit of the person or persons, firm or association or corporation upon whom such fraud or neglect shall be committed.

7 July 1885 § 1. P. L. 260.

to

II. In cities of the second and third classes.

8. In cities of the second and third classes, whoever, by himself or by his servant or agent, or as the servant or agent of any other person, sells, exchanges or delivers, or has in his custody or possession with intent to sell or exchange, or

(s) See act 14 April 1870, P. L. 1176.

(t) See People v. Fauerbach, 5 Park. 311.

exposes or offers for sale or exchange, adulterated milk, or milk to which water 7 July 1885 § 1. or any foreign substance has been added, or milk produced from cows fed upon P. L. 260. any substance in a state of putrefaction, or from sick and diseased cows, shall, for Sale, &c., of adulsuch offence, be punished by fine of not less than twenty, nor more than one hun- terated milk prodred dollars.

hibited.
Ibid. § 2.

9. Whoever, by himself or by his servant or agent, or as the servant or agent of any other person, sells, exchanges or delivers, or has in his custody or possession, "Skimmed milk." with intent to sell or exchange, or exposes or offers for sale as pure milk, any milk from which the cream or any part thereof has been removed, shall, for such offence, be punished by the penalty provided in the preceding section.

Ibid. § 3.

10. No dealer in milk and no servant or agent of such a dealer, shall sell, exchange or deliver, or have in his custody or possession, with intent to sell, ex- Vessel to be change or deliver, milk from which the cream or any part thereof has been labelled. removed, unless in a conspicuous place above the centre upon the outside of every vessel, can or package, from or in which such milk is sold, the words "skimmed milk" are distinctly painted in letters not less than one inch in length. Whoever violates the provisions of this section, shall, for such offence, be punished by the penalty provided in section one of this act.

Ibid. § 4.

Adulterated milk

11. If the milk mentioned in sections one and two of this act is shown, upon analysis, to contain more than eighty-seven and fifty one-hundredth per centum of watery fluid, and to contain less than twelve and fifty one-hundredth per defined. centum of milk solids, and less fat than three per centum, and if the specific gravity at sixty degrees Fahrenheit is not between one and twenty-nine one thousandths to one and thirty-three one-thousandths, it shall be deemed to be adulterated.

Ibid. § 5.

When skimmed

12. If the skimmed milk mentioned in section three of this act, is shown, upon analysis, to contain less than six per centum of cream by volume, and less than two and five-tenths per centum of fat by weight, and if the specific gravity at sixty milk" shall be degrees Fahrenheit, is not between one and thirty-two thousandths, to one and deemed adulterthirty-seven thousandths, it shall be deemed to be adulterated.

ated.

Ibid. § 6.

Inspector may

13. Whenever the inspector of milk has reason to believe that any milk found by him is adulterated, he shall take specimens thereof and test the same with such instrument or instruments as are used for such purpose, and if the result take specimens for of such test indicates that the milk has been adulterated or deprived of its cream, examination. or any part thereof, the same shall be primâ facie evidence of such adulteration in Evidence. prosecutions under this act.

14. If the said inspector shall deem it necessary, he shall cause such milk to be Ibid. analyzed, the result of which analysis he shall record and keep as evidence, and a Inspector may certificate of such result, sworn to by the analyzer, shall be admissible in evi- cause milk to be dence in prosecution under this act. The expense of such analysis, not exceeding analyzed. fifteen dollars in any one case, may be included in the costs of such prosecutions. Expense. 15. It shall be the duty of the inspector of milk to commence proceedings in the name of the board of health for any violations of the provisions of this act, Inspector to comfrom his own knowledge, or on information of any person giving satisfactory evi- mence proceedings dence to him of such violations, before any mayor, deputy-mayor or alderman of for violations. said cities.

Ibid. § 7.

Ibid.

Ibid. § 8.

16. The recovery of fines or penalties imposed and inflicted on any person by the provisions of this act, shall be for the use of said board of health, and upon Fines and imprisnon-payment of the fines or penalties imposed and inflicted as aforesaid, such onment. person shall be committed to the county jail for a period not exceeding thirty days. 17. That in addition to the fines mentioned in the foregoing sections of this act, any person or persons violating the same shall be deemed guilty of a misde- Violation declared meanor, and, upon conviction thereof, shall be liable to a fine of not less than a misdemeanor. fifty, nor more than one hundred dollars, or by imprisonment in the county jail for Penalty. not less than ten, nor more than thirty days, or both, or either, at the discretion of the court.

III. Milk cans.

4 May 1889 § 1. P. L. 84.

18. No person or persons shall, without the consent of the owner or owners thereof, sell or offer for sale, any milk can, butter tub or box used for the transportation of milk, cream, butter or other produce, having the name and residence of Sale of stamped the owner stamped thereon, nor shall any person wilfully detain for their own use, milk cans, &c. or have in his or their possession for any cause whatever, any milk can, butter tub or box, as before specified, belonging to another without the consent of the owner thereof.

Ibid. § 2.

Owners to mark

19. It shall be the duty of the owner or owners of milk cans, butter tubs and boxes, shippers of milk, cream, butter and produce, to have stamped, painted or stencilled in plain lettering, his, her or their names and residence, on each of their property. said milk cans, butter tubs or boxes, in some prominent place so as to be easily

seen.

Ibid. § 3.

ing marks, a mis

20. Any person or persons who shall wilfully remove, obliterate, mutilate or Wilfully destroyotherwise destroy any lettering or plate containing the name and residence of such demeanor.

4 May 1889 § 3. P. L. 84.

Ibid. § 4.

owner or owners of any milk can, butter tub or box, used for the transportation of milk, cream, butter or other produce, without the consent of the owner, shall be deemed guilty of a misdemeanor.

21. Any owner or owners, or the agent of such person, who shall make oath before any justice of the peace, alderman or magistrate, that he has reason to beOn affidavit made, lieve (setting forth the facts upon which such belief is founded), and does believe,

a search warrant

may issue.

Ibid. § 5.

Penalty for use without permission of owner.

Ibid. § 6.

Violation of act a misdemeanor.

Penalty.

Ibid. § 7.

that any person is in the unlawful possession, or is wrongfully detaining, his or their milk cans, butter tubs or boxes, in which other produce is shipped, or has secreted on his, her or their premises, or in any other place under his, her or their control, the said justice of the peace, alderman or magistrate shall thereupon, on proof of demand having been made, issue a search-warrant, directed to any constable or other proper officer, to search the premises of the offender or offenders, or said place where such articles are alleged to be, and if, upon such search, said articles shall be found, to take possession of the same and deliver them to the owner thereof, and to bring the body of the person in whose possession or control any such article may be found before said justice of the peace, alderman or magistrate, who shall bind the defendant over to the next term of court, or in default of bail to commit to jail for trial.

22. Every person or persons who shall have in his, her or their possession and using any milk can, butter tub, boxes used for transporting milk, butter or other produce, and not being the owner thereof, and without permission of the owner to use said milk can, tub or box in violation of the preceding sections of this act, such offender or offenders, for every such offence, shall forfeit and pay the sum of ten dollars for each article so held and used; which sum shall be recoverable, with costs of suit, by any person suing in the name of the commonwealth, as debts of like amount are by law recoverable; which sum when so recovered, shall be paid to the person or persons at whose instance such a suit shall or may be commenced and prosecuted to recovery.

23. Every person who shall violate any of the preceding sections of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be liable to pay a fine not exceeding one hundred dollars, or imprisonment not exceeding thirty days, or both, or either, at the discretion of the court.

24. All acts or parts of acts inconsistent with the provisions of this act are Repealing clause. hereby repealed.

MILL-DAMS.

1. When dams may be erected on navigable streams.

2. Proceedings where navigation is obstructed, or passage of fish impeded.

23 March 1803 § 1. 4 Sm. 20.

When dams may

be erected on navigable streams.

3. Owners of vessels damaged or delayed thereby to be compensated. Proceedings where damages exceed $50. Appeal.

1. All and every person or persons owning lands(u) adjoining any navigable stream of water, declared by law a public highway, (v) except the rivers Delaware, Lehigh and Schuylkill, are hereby authorized to erect a dam or dams, for a mill or mills or other water-works, (w) upon any such stream of water adjoining their own lands, and to keep the same in good repair, and also to lead off thereby, on his or their own land, so much of the water of such stream as may be necessary for his or their mill or mills, or other water-works :(x) Provided, That the said person or persons, his or their heirs and assigns, in erecting the said dam or dams, or keeping them in repair, shall not obstruct or impede the navigation of such stream,(y) or prevent the fish from passing up the same: And provided also, That the person or persons so erecting said dam or dams shall not infringe on or injure the rights and privileges of the owner or possessor of any private property on such stream.(z)

(u) One in possession is the owner to all intents and purposes, except as against one who comes in with a better title. Bigler v. Antes, 21 P. S. 288.

(v) These provisions extend to streams declared to be public highways by subsequent acts. Brown v. Commonwealth, 3 S. & R. 273. See Coovert v. O'Conner, 8 W. 470. And streams navigable at common law. Ensworth v. Commonwealth, 52 P. S. 320.

(w) This act licenses no erection in a river, but such as is subservient to the use of water-power; it does not justify making a pool for rafts. Commonwealth v. Church, 1 P. S. 105. The right hereby given is not indefeasible, but subordinate to the right of the commonwealth. Monongahela Navigation Co. v. Coons, 6 W. & S. 101, 112. Susquehanna Canal Co. v. Wright, 9 Ibid. 11. It is but a license, subject to be revoked, whenever the paramount interests of the public shall require it. New York and Erie Railroad Co. v. Young, 33 P. S. 175. The act

does not authorize the erection of a dam for any other purposes than those specified. Dubois v. Glaub, 52 P. S. 238.

(x) See Campbell v. Hand, 49 P. S. 234.

(y) The erection of a dam which causes the formation of an obstruction in the stream below, subjects him who erected or maintains it to any damage which such obstruction may occasion to a navigator. Bacon v. Arthur, W. 437. See Bell v. McClintock, 9 Ibid. 119. Ensworth v. Commonwealth, 52 P. S. 320. Newbold y. Mead, 57 Ibid. 487. The person who erects a dam must construct a schute which will enable a navigator to pass safely, by the exercise of ordinary care and skill, with a raft constructed with the usual skill. Newbold v. Mead, 57 P. S. 487.

(2) This act is constitutional. Rhines v. Clark, 51 P. S. 96. Head v. Amoskeag Manufacturing Co., 113 U. S. 9, and cases cited.

sage of fish im

2. On complaint(a) made to the judges of the court of quarter sessions of any 28 March 1808 § 2. county in this commonwealth, that any such dam obstructs the navigation, or 4 Sm. 20. impedes the passage of fish, they shall appoint three commissioners, who shall view Proceedings where such dam and compare it with the provisions of this act, and report to them at navigation is obtheir next sessions the state thereof; and if it shall appear to the said court that structed, or pasan offence has been committed against this act, the court shall direct a bill of peded. indictment to be sent to the grand jury, and upon prosecution to conviction of such offence, the person or persons so convicted shall be liable to pay a fine not exceeding one hundred dollars, one moiety thereof to the prosecutor, and the other to be applied to the repairing of the roads or highways in the adjoining township or townships; and shall also pay such damages to the person or persons complaining, as shall be found by the jury, under the direction of the court. And the court shall direct the supervisors of the highways of the adjoining township forthwith to remove every such artificial obstruction, in such manner as to bring the same within the limitations and provisions of this act, at the cost of the person so convicted.

Ibid. § 3.

Owners of vessels

3. If the owner or owners of any raft, (b) boat or other vessel, or other person having the charge thereof, shall be obstructed or suffer damage, (c) or shall be delayed in his or their passage, on any stream within the jurisdiction of this com- damaged or demonwealth, that now is or hereafter may be declared a public highway, by any layed thereby to be dam or dams as aforesaid, or fish-dam or any other device whatsoever, made or compensated. erected in any stream, which was declared by law to be a public stream or highway, within the jurisdiction of this commonwealth, before the time the damage or obstruction actually happened, it shall be the duty of any justice of the peace of the county in which such dam or dams as aforesaid, or fish-dam or other device, is or are erected, on application of the owner or owners of the raft, boat or other vessel, or of the person having the charge thereof, to cause the owner of such dam or dams or other device forthwith to appear before him the said justice; and if on the appearance of the said owner, the parties cannot agree in respect to the damage alleged to be done, or in the choice of referees to determine the same, it shall be the duty of the said justice forthwith to appoint three disinterested persons, whose duty it shall be to view the injury so sustained, and inquire into the loss occasioned by delay, and make an estimate thereof, on oath or affirmation, if such oath or affirmation is required by either of the parties; and it shall be the duty of such justice of the peace forthwith to award judgment, and issue execution

$50.

in a summary manner, for the amount, with cost of suit: Provided, however, That Proceedings where the said damages so to be recovered do not in the whole exceed the sum of fifty damages exceed dollars; but if damages shall be alleged to a greater amount than fifty dollars, the same may be sued for and recovered in the court of common pleas of the county wherein the said damages shall have been sustained: And provided also, That Appeal. appeals shall be allowed from the judgment of the justice of the peace, given for damages as aforesaid, to the court of common pleas, as in other cases.

MINERS.

See MINES.

(a) The remedy is local. Oliphant v. Smith, 3 P. & W. 180. It takes away the common-law remedy by abatement. Criswell v. Clugh, 3 W. 330. Spigelmoyer v. Walter, 3 W. & S. 540. And no indictment can be sustained, without the preliminary proceedings required by the act. Commonwealth v. Plumer, 1 Am. L. Reg. 124. See Gould v. Langdon, 43 P. S. 365. Ensworth v. Commonwealth, 52 P. S. 320.

(b) The term "raft" is applicable to a number of logs, not fastened together, but floated in the stream

MINES.

See CRIMES; DEEDS AND MORTGAGES; EQUITY; TRESPASS.