'P. L. 100 13 June 1883 § 1. Work demanded, his refusal shall be evidence of vagrancy, and such magistrate may commit such person to the house of correction as a vagrant, for a period not exceeding thirty days. Ibid. § 2. Appeal from conviction. Ibid. § 3. Admission to station-houses restricted. 21 March 1866 § 1. P. L. 259. 11. Any person who shall deem himself aggrieved by the decision of the magistrate in respect to his action under the first section of this act, may appeal from such decision to the same or next term of the court of quarter sessions of the county, upon giving bail in a sum not exceeding one hundred dollars, which court shall have power to review, modify, reverse or affirm the order of the magistrate as to justice may appertain. 12. As soon as the said wayfarers' lodges shall have been made ready to receive applicants, and proper notice thereof shall have been given to the municipal authorities of the city, the said municipal authorities shall thereupon prohibit the admission, for the purpose of remaining over night, at all station-houses, or other similar places, of any person, so far as in their judgment the same may be expedient and practicable. 13. If any person shall be found, by any constable, police officer or detective, staying or loitering in or around any steamboat-landing, railroad-depot, gambling Arrest of vagrants or drinking saloon, restaurant, banking-house, broker's office or any place of public in certain counties. amusement, crowded thoroughfare, or other place of public resort, in any city or incorporated borough, within the counties of Erie, Crawford, Venango and Warren,(d) having no apparent business, trade or occupation, and without any visible avocation or means of subsistence, it shall be the duty of said officer to arrest such person, and take him or her, as soon as may be, before the mayor of any city, the burgess of any borough, or any convenient magistrate of the place where the arrest is made; and upon due proof of the fact, by one or more witnesses or by confession, and upon the party arrested failing to furnish any reasonable or satisfactory account of his or her name, residence, character or business at that place, he or she shall be deemed and taken to be a vagrant, and shall be subject to all the existing laws respecting vagrants now in force in this commonwealth; and the mayor of any city, and the burgess of every borough within the said counties, are hereby vested with full authority and jurisdiction to execute all the provisions of this act, and all existing laws relative to vagrants. Conviction. VENDERS OF MERCHANDISE. See MERCANTile License; Pedlars; Sale of Chattels. VENUE. See CRIMINAL PROCEDUre. 1. In what civil cases the venue may be changed. 2. Application for change of venue. 3. Additional ground for change of venue. 4. How application to be made. 30 March 1875 § 1. P. L. 35. In what civil cases 5. Record to be certified. Trial. 8. Change of venue in suits for purchase-money of real estate. 1. Changes of venue shall be made in any civil cause in law or equity depending in any of the courts of this commonwealth, (e) in the cases following, to wit: I. Whenever the judge, who by law is required to try or hear the same, shall be the venue may be personally interested in the event of such cause, or in the question to be determined thereby. changed. II. Whenever the title under which the parties, or either of them, claim in any such cause, shall have been derived from or through such judge, and he shall be liable thereunder, or whenever he shall hold under the same title with either of the parties in the said cause. III. Whenever any near relative of such judge shall be a party to such cause, or interested in the event thereof, unless the judge so interested shall select another judge learned in the law, not so related, to hear and determine the same.(g) IV. Whenever the county in which such cause is pending, or any municipality therein, or the officials of any such county or municipality, are parties thereto, and it shall appear, by the oath of the party desiring such change of venue, that local prejudice exists, and that a fair trial cannot be had in such county. (d) See act 11 April 1866, P. L. 720, as to Franklin county. (e) The power of changing the venue is not inherent in our county courts; it is wholly the creature of statute. Wattson v. Chester and Delaware River Railroad Co., 83 P. S. 254. (g) So amended, by act 25 May 1878, P. L. 154. V. Whenever a large number of the inhabitants of the county in which such 80 March 1875 § 1. cause is pending, have an interest in the question involved therein, adverse to the applicant, and it shall appear, by the oath of such applicant, that he believes he cannot have a fair and impartial trial. P. L. 35. Ibid. § 2. 2. The applicant for any such change of venue may apply to the court in term time, or to any law judge thereof in vacation, by petition, setting forth the cause Application for of the application, which shall be accompanied by his affidavit of the truth of the change of venue. facts alleged therein, and that the said application is not made for the purpose of delay, and praying a change of venue; and after reasonable notice thereof having been given to the opposite party, or his attorney, the said court or judge shall, if satisfied of the truth of the facts alleged, award a change of venue of the said cause to some county where the cause complained of does not exist. 3. Changes of venue may be made in any civil cause in law or equity depending in any of the courts of this commonwealth, in the cases following, to wit: I. Whenever it shall appear to the satisfaction of the court in which such cause grounds for change is depending, that any party to such cause hath an undue influence over the minds of the inhabitants of the said county, or that they are prejudiced against the applicant, so that a fair and impartial trial cannot be had. Ibid. § 3. Additional of venue. II. Whenever, in any plea of land, two juries of such county have failed to agree, and have been discharged without rendering a verdict therein. III. Whenever it shall be made to appear to the court that a fair and impartial trial cannot be had in the county in which any such cause is depending. 4. Applications for change of venue under the provisions of this section shall be Ibid. made to the court in term time, in the manner provided in the second section of How application to this act, and notice of the same having been given to the opposite party, or his be made. attorney, the court shall proceed to hear the parties by counsel, and affidavits, if necessary, and may refuse or award such change of venue as in its discretion it shall see fit. Ibid. § 4. Record to be 5. Whenever the court shall order a change of venue in any cause in law or in equity as aforesaid, it shall be the duty of the prothonotary of the court in which such cause is pending, to forward to the prothonotary of the county to which the certified. same hath been removed, certified copies of all docket-entries, processes, pleadings, depositions and other papers pertaining to such cause; and the said certified copies being duly filed and entered in the court to which said cause is removed, it shall proceed in like manner as if it had been brought therein by original process against the defendant or defendants; and the said court shall proceed to trial in the same manner, and give judgment and award execution with like effect, as though the Trial. cause had not been removed; and the records and copies filed in the court to which such cause hath been removed shall have the same force and effect, in every respect and for every purpose, as the original would have had in the court from which such cause shall have been removed. 6. The costs and fees attending the application for a change of venue and the removal of the record shall be paid by the party applying for such change of venue, Costs. and shall be taxed as a part of the costs and abide the event of the cause. 7. The county from which any such cause in law or in equity shall be or has heretofore been removed, shall be liable to pay to the county to which the same shall be or has heretofore been removed, all of the costs and expenses incurred by the said county in and about the proceedings in, and trial of such cause.(h) Ibid. § 5. Ibid. § 6. real estate. 8. Whenever any action shall have been brought for the recovery of the pur- 22 May 1878 § 1. chase-money of real estate, in the common pleas of any county in this common- P. L. 98. wealth, other than the county in which said real estate shall be situate, it shall Change of venue and may be lawful for the defendant or defendants in said action, upon filing in in suits for pursaid court an affidavit made by him, her or them, or some of them, or by his, her chase-money of or their attorney, that the question at issue involves an inquiry into and an adjudication of the title, boundaries, location, condition or value of said real estate, to apply to said court for a change of venue to the county in which said land shall be situate; and it shall be the duty of the court to grant the said application as a matter of right, and the said cause shall be duly certified, as now provided by law in like cases, to the proper county for trial, without delay. (h) Section 7 of this act repeals all former acts relative to change of venue in civil cases. See Denny v. Cresson, 2 C. C. 645. VERDICT. See JUDGMENT; NEW TRIAL. 1. Defects in jury process, &c., to be cured by verdict, &c. 2. Party obtaining verdict to pay jury-fee. 3. Verdicts to bear interest. Courts may direct special verdicts and enter special judgments. 21 Feb. 1814 § 1. 6 Sm. 111. Defects in jury process, &c., to be cured by verdict, &c. 29 March 1805 § 18. 4 Sm. 242. 4. Verdicts to be a lien. 5. Lien of judgment to refer to the date of the verdict. 1. No verdict hereafter given in any court, civil or criminal, in this commonwealth, shall be set aside, nor shall any judgment in any court be arrested or reversed, nor sentence stayed, for any defect or error in the precept issued for any court, or in the venire issued for summoning and returning of jurors, or for any defect or error in drawing, summoning or returning any juror or panel of jurors; but a trial, or an agreement to try on the merits, or pleading guilty, or the general issue in any case, shall be a waiver of all errors and defects in or relative and appertaining to the said precept, venire, drawing, summoning and returning of jurors.(i) 2. Whenever any verdict, in a civil action or cause, shall be taken, the plaintiff or defendant, for whom the same shall be given, shall forthwith pay to the sheriff(k) the sum of four dollars, which shall be taxed with the costs, and afterverdict to pay jury- wards repaid by the party against whom such verdict shall be given (if the same Party obtaining fee. 6 April 1859 § 1. P. L. 381. Verdicts to bear interest. be a verdict wherein costs be recoverable), for the use of the party so advancing that sum; and the money so to be collected shall be paid into the hands of the county treasurer, to be appropriated towards a fund for defraying the expenses of the juries who shall attend on the said courts respectively. (1) 3. It shall be lawful for any party or parties, in whose favor any verdict may be rendered for a specific sum of money, to collect and receive interest upon such sum, from the date of the verdict; and every general judgment entered upon such verdict, whether by a court of original jurisdiction, or by the supreme court, shall be deemed and held to be a judgment for the sum found by the verdict, with special verdicts and interest thereon from the date of such finding: Provided, That nothing in this act enter special judg- contained shall prevent any court from directing special verdicts, or entering special judgments, whenever the same shall be deemed just and proper. Courts may direct ments. 28 March 1877 § 1. P. L. 34. Verdicts to be a lien. Ibid. § 2. 4. Whenever a verdict is rendered by a jury, in any of the courts of common pleas of this commonwealth, for any specific sum of money, in such case, the verdict shall be a lien upon the real estate, situate within the proper county, of the party or parties against whom said verdict shall be rendered, which lien shall remain, unless the court grant a new trial or arrest the judgment; and it shall be the duty of the prothonotary of the court of common pleas, to enter such verdict on the liendocket where judgments are entered, marking the same "verdict," and specifying the amount of said verdict and the date of its rendition. 5. In case the court shall overrule any motion for a new trial or in arrest of Lien of judgment judgment, now pending, the lien of the verdict in such case shall date from the to refer to the date time of its rendition: Provided, however, That no innocent purchasers without notice shall be prejudiced thereby. of the verdict. VESSELS. See ATTACHMENT OF VESSELS; HARBOR MASTER; HARBOR REGULATIONS; NAVIGATION; PILOTS; PORT REGULATIONS; PORT WARDENS; STEVedores. (i) See tit. "Juries." It is re-enacted as to criminal cases, by act 31 March 1860, § 53, P. L. 443. (k) If it be lost through his negligence, he is responsible. Commonwealth v. County Commissioners. 3 S. & R. 603. (1) This act expired by its own limitation, but was afterwards, by act 4 April 1809, 5 Sm. 59, revived and made perpetual. ter. VETERINARY SURGEONS. 1. Practitioners must be graduates. To register. 2. Practitioners of five years' standing. To regis 3. Veterinary medical register. Deaths and removals. 4. When registration to be made. Not to apply to practitioners of castration. 5. Who subject to act. 6. Diplomas issued outside of state. 1. Every person who shall assume or use, or cause to be used, any title pertain- 11 April 1889 § 1. P. L. 28. ing to the practice of veterinary medicine or surgery, or any of the branches of veterinary medicine or surgery, shall be a graduate of a legally chartered veteri- Practitioners must nary college or university having the power or authority to confer the degree of be graduates of legally chartered veterinary surgeon or analogous title, except as provided for in section two. And veterinary colleges. such practitioner shall be required to register in the book kept for that purpose, in To register in prothe office of the prothonotary of the county in which he resides. thonotary's office. Ibid. § 2. 2. Any person who has assumed the title of veterinary surgeon or analogous title in this commonwealth for the five years preceding the passage of this act, Practitioners of without being entitled to the degree of veterinary surgeon or analogous title, shall five years' standbe allowed to continue the use of the title; but such person shall appear before ing allowed to the prothonotary of the county in which he resides and make affidavit of that To make affidavit fact; he shall then be recorded as an existing practitioner. continue. and register. Ibid. § 3. 3. The prothonotary shall purchase a book of suitable size, to be known as the Veterinary Medical Register of the county, and shall set apart one full page for Prothonotary to the registration of each practitioner; and when any practitioner shall die or remove provide veterinary from the county, the prothonotary shall make a note of the same, and shall per- medical register. form such other duties as are required by this act. To note deaths P. L. 86. 4. Every practitioner who shall be admitted to register shall pay to the prothonotary the sum of one dollar, which sum shall be compensation in full for registration. The prothonotary shall give a receipt for the same, and such registration shall take place at any time prior to the first day of January, one Fees. thousand eight hundred and ninety-two, but not on or after that day: Provided, When registration That nothing in this act shall be taken or construed to apply to persons who Not to apply to practise castration of domestic animals and no other form of veterinary medicine practitioners of and surgery.(m) to be made. castration. 5. Nothing in this act shall be so construed as to prevent any veterinary sur- 11 April 1889 § 5. geon (if legally qualified to use the title) from using the title of veterinary sur- P. L. 28. geon or analogous title in this commonwealth; but if such veterinary surgeon Who are subject opens an office, or uses the title for the transaction of business, he shall be deemed to this act. sojourner, and shall conform to the requirements of this act. Ibid. § 6. Practitioners 6. Any person who may desire to commence the practice of veterinary surgery or medicine, or any of its branches, in this state after the passage of this act, and who holds a veterinary diploma issued or purporting to have been issued by any holding diplomas veterinary college or university in this state, another state or foreign country, issued outside of shall make affidavit before the prothonotary that his diploma has been regularly affidavit and issued by a legally chartered veterinary college or university, after which such register. person will be allowed to register, as provided for in this act. this state to make misdemeanor. 7. Any person who shall present to a prothonotary a veterinary diploma which Ibid. § 7. has been obtained fraudulently, or which is in whole or in part a forgery, or Violation of act shall make affidavit to any false statement intended to be filed or registered, or declared to be shall use the title of veterinary surgeon or analogous title, without conforming to the requirements of this act, or shall otherwise violate or neglect to comply with any of the provisions of this act, shall be deemed guilty of a misdemeanor, and on conviction shall be punished for each and every offence, by a fine not exceeding Penalty. one hundred dollars.(n) (m) This is an amendment of § 4 of the act 11 April 1889, P. L. 28. The limitation of six months in that act was held to be unconstitutional, as in violation of the bill of rights. Ritter v. Rodgers, 8 C. C. 451; s. c. 2 Northam. 207. (n) The jurisdiction of the quarter sessions is exclusive. The common pleas cannot strike names from the register. Veterinary Surgeons' Case, 8 C. C. 185. VINEGAR. 1. When offered as cider vinegar must be pure apple juice. 2. Injurious ingredients. 11 June 1891 § 1. P. L. 297. Vinegar offered as cider vinegar to be pure apple juice. Ibid. § 2. Injurious ingredients. Ibid. § 3. Artificial coloring matter. Ibid. § 4. Branding. Ibid. § 5. Penalty. 1. No person shall manufacture for sale, or offer or expose for sale, as cider, apple or orchard vinegar, any vinegar not the legitimate product of pure apple juice known as apple cider, or vinegar not made exclusively of said apple cider, or vinegar into which foreign substances, drugs or acids have [been] introduced as may appear by proper test. 2. No person shall manufacture for sale or knowingly offer for sale or have in his possession with intent to sell, any vinegar found, upon proper test, to contain any preparation of lead, copper, sulphuric acid or other ingredient injurious to health. 3. All cider vinegar shall be without artificial coloring matter, and shall contain not less than two per centum by weight of cider vinegar solids upon full evaporation over boiling water, and shall also contain an acidity of not less than four per centum. 4. Every person making or manufacturing cider vinegar for sale shall, before shipment, brand on each head of the cask, barrel or keg containing such vinegar, the name and residence of the manufacturer, the date when same was manufactured, and the words “Cider vinegar;" and no vinegar shall be branded "Fruit vinegar," unless the same be made wholly from apples, grapes or other fruits. 5. Whoever violates any of the provisions of this act shall, upon conviction, be fined not less than fifty dollars nor more than one hundred dollars, or imprisonment not less than thirty days nor more than one hundred days, or both, and shall be adjudged to pay in addition, all necessary costs and expenses incurred in inspecting and analyzing such vinegar, and all vinegar not in accordance with this act shall be subject to forfeiture and spoliation. VOTING. See ELECTIONS; PROXIES. WAGERS. See ELECTIONS. |