be preferred and paid as if the said note, due bill, or other written instrument had not been taken. And in any case where there shall not be sufficient money or property to pay all the claims of labor made upon the same under the provisions of this act, then each claim shall receive pro rata according to its amount without regard to priority or presentation, demand or notice. SECTION 4. That the wages of labor, as defined by this act, shall be protected and paid in the following manner, namely: I-IN CASES OF WRITS OF EXECUTION, ET cetera. In any case when any constable, sheriff, or coroner or any deputy of such officer shall hereafter be charged with the execution of any writ to sell the personal property of any defendant for any debt or demand not founded upon a contract for such labor as is protected by this act, or any person executing a landlord's warrant, or in case of attachment or any other writ for the seizure of personal property, any one having a claim against the defendant in such writ or warrant for the wages of labor protected by this act may give to such officer or other person charged with such writ or warrant, at any time prior to the actual sale of such property, a notice in writing of the amount of such wages claimed, when the same were earned, the nature and circumstances of the employment, and how such wages were to be paid, as to time, price, quantity, et cetera, and the officer or other person charged with the writ or warrant aforesaid shall first sell sufficient of the personal property of such debtor to pay such claim before any property is sold, to apply to such writ, and no claim of any landlord for rent in arrear shall have preference over such claim for wages, but such claim shall be first paid: Provided, That a claim for wages under this act may be made in the case of the sale of any personal property liable to be seized under the laws of this Commonwealth for the satisfaction of such claim for wages, if the same had been duly prosecuted to judgment and execution issued and levy made upon such property. SECTION 5. That in case the claim for wages as aforesaid shall be disputed in any way by the employer, or the execution creditor or other person legally interested in the same, it shall be the duty of the officer charged with the execution aforesaid, of a constable or his deputy, to pay the amount collected for the said claim, or, in case of several labor claims with insufficient property, to pay all in full, the pro rata share of such disputed claim as if undisputed, together with sufficient costs, are likely to accrue to the claimant upon the establishment of his claim as herein directed to the justice of the peace, alderman, or magistrate from whom the execution issued, whose duty it shall be to forthwith enter an action upon his docket in the name of the claimant as plaintiff and his employer or employers as defendants, as in case of summons, and shall thence proceed in the matter, with due notice to the defendant or defendants according to law, as if such suit had been originally brought before him, and he shall thence proceed to judgment as to right and justice pertain, which judgment shall be subject to appeal to the court of common pleas of the proper county as provided in like cases, and in case the judgment of the said justice of the peace, alderman, or magistrate shall not be appealed from, then the said justice of the peace, alderman, or magistrate shall pay over the amount raised as aforesaid according to the effect of said judgment; but if an appeal is taken, then he shall pay the said amount into the court of common pleas, at the filing of the appeal there to follow final judgment and be paid accordingly, and any judgment entered by any justice of the peace, alderman, or magistrate as aforesaid, or by any court upon appeal, shall have the same effect and all the incidents of a judgment obtained in the ordinary way: Provided, That an appeal may be taken as herein provided by the execution creditor aforesaid, or any other person legally interested in the same : And provided further, That in any case where a disputed claim shall have been returned by a constable and it shall be found by the justice of the peace, alderman, or magistrate to whom returned that the amount of the same is beyond his jurisdiction, he shall certify the facts and pay the amount of money reserved for the same to the next court of common pleas of the county whereupon a summons shall issue in usual form in an action of assumpsit, in which the claimant shall be made plaintiff and the employer or employers made defendant or defendants, and the matter shall there be determined as to right and justice pertain, and the money reserved as aforesaid shall be paid accordingly. And in case the property is seized on a landlord's warrant, the person charged with the same shall, upon like dispute, pay the money to any justice of the peace, alderman, or magistrate of the city, borough, or township in which the demised premises are situated, thence to be proceeded in as in cases of execution to a constable; and in case the said officer shall be a sheriff or coroner, or the deputy of either, he shall pay the money into court as in cases of dispute arising in the application of money upon writs of fieri facias, thence to be determined according to law. SECTION 6. In the case of the sale of any real estate upon execution under like circumstances, the proceedings shall be the same as in the sale of personalty by a sheriff or coroner, but no claim of wages shall be protected as against liens entered prior to the accruing of such claim for wages, or against mechanics' liens, other liens founded on indebtedness for labor, owelty, or purchase money of real estate. II-IN ASSIGNED Estate For Benefit of CREDITORS. SECTION 7. That in all cases of assignment of real or personal property for the benefit of creditors, it shall be lawful for any laborer protected by the provisions of this act to present his claim in writing, as in case of writs of execution, at any time prior to the final distribution of the said assigned estate, and the same shall have preference in said distribution over all other claims whatsoever, liens upon assigned real estate existing prior to the incurring of the said indebtedness, for wages, liens founded upon indebtedness for wages owing mechanics' liens, liens for owelty, and purchase money of the assigned real estate only excepted: Provided, That in case of any dispute as to such claim for wages by any person legally interested therein, it shall be the duty of the claimant to resort to his action at law to establish his claim, or the auditor distributing the assigned estate may adjudicate the same as now provided by law, and when so established it shall have like preference as if the same had not been disputed. SECTION 8. That it shall be lawful for any laborer having presented his claim for wages to any assignee for the benefit of creditors, and the same being undisputed or having been disputed, the same having been duly established by law, to give such assignee notice that he desires his claim to be paid to him at once, and it shall be the duty of such assignee within thirty days from such notice to pay the same, and in default thereof a rule may be taken upon the said assignee from the court of common pleas having jurisdiction of the accounts of such assignee to show cause why the same should not be paid; thence to be proceeded in according to law. III-IN DECEDENTS' ESTATE. SECTION 9. That any laborer having a claim protected by the provisions of this act against the estate of any decedent may give notice of the same to the executor or administrator of such decedent, as in cases of writs of execution, at any time prior to the final distribution of the said estate, and the same shall have a preference over all debts of said decedent whatsoever, medical bills in last illness, undertakers' bills, liens upon realty existing prior to the creation of said claim for wages, liens founded upon indebtedness for wages, mechanics' liens, liens for owelty, and purchase money of real estate only excepted: Provided, That in case of any dispute as to the claim for wages aforesaid, it shall be the duty of the claimant to resort to his action at law to establish his claim, or the auditor distributing the estate of such decedent may adjudicate the same to the extent now provided by law, and when so established it shall have like preference as if the same had not been disputed. SECTION 10. That it shall be lawful for any laborer having presented his claim for wages to any administrator or executor, and the same being undisputed or being disputed, the same having been duly established by law, to give such administrator or executor notice that he desires his or her claim to be paid prior to the final distribution of said estate, whereupon it shall be the duty of such administrator or executor, within sixty days from such notice, to pay the same, and in default thereof a rule may be taken from the orphans' court having jurisdiction of the accounts of such administrator or executor to show cause why the same should not be paid; thence to be proceeded in according to law. SECTION 11. That all acts or parts of acts inconsistent herewith be and the same are hereby repealed. AMOS H. MYLIN, President pro tem. of the Senate. JAMES L. GRAHAM, Speaker of the House of Representatives. EXECUTIVE DEPARTMENT, COMMONWEALTH OF PENNSYLVANIA, OFFICE OF THE Governor, I herewith file, with my objections, in the office of the Secretary of the Commonwealth, Senate bill No. 19, entitled "An act for the better protection of the wages of labor, and providing the manner in which the same may be collected." There are many good enactments in this bill, but it contains one provision so repugnant to justice and so unfair to employers that I am obliged to decline giving it my approval. Its third section among other things provides that "no note, due bill, or other written security or evidence of the whole or any part of such wages, whether bearing interest or not, shall be deemed to be a bar to the protection of this act in the hands of such employé, or his or her assigns, but the same shall be preferred and paid as if the said note, due bill, or other written instrument had not been taken." That is to say, if an employer gives to his employé a due bill for wages and the employé indorses and sells the due bill to another, yet the employé can obtain his wages out of any execution against his employer and the em ployer be again liable to pay the due bill given for the same wages held by 7 VETOES. an innocent purchaser of the due bill. It is only necessary to state this proposition to show its manifest injustice. ROBT. E. PATTISON. No. 27. AN ACT Requiring the names of principals doing business through agents to have their names and the names of their agents registered in the office for the recording of deeds in the county wherein their place of business is located. SECTION 1. Be it enacted, &c., That hereafter every person or persons doing business in the name of any other person or persons as agent in this Commonwealth shall register his, her, or their names and the name of his, her, or their agent in the office for the recording of deeds in the county wherein their place of business is located. SECTION 2. That all goods, chattels, wares, and merchandise in any place of business in this Commonwealth which is conducted in the name of any person or persons as agent the name of whose principal shall not be registered as required by the first section of this act shall be deemed and held in law to be the property of such agent, and shall be liable to levy and sale as his, her, or their property upon any writ of fieri facias issued upon any judgment obtained against such person or persons: Provided, That the provisions of this act shall not apply to brokers or factors. SECTION 3. All acts and parts of acts inconsistent with the provisions of this act be and the same are hereby repealed. CHAUNCEY F. BLACK, President of the Senate. JAMES L. GRAHAM, Speaker of the House of Representatives. EXECUTIVE DEPARTMENT, COMMONWEALTH OF PENNSYLVANIA, Office of the Governor, I herewith file, with my objections, in the office of the Secretary of the Commonwealth, Senate bill No. 106, entitled "An act requiring the names of principals doing business through agents to have their names and the names of their agents registered in the office for the recording of deeds in the county wherein their place of business is located." The main purpose of this bill is a good one. It is intended to oblige persons doing business through agents to register in the recorder of deeds' office their name and the name of their agents. On failure so to do, the bill makes the property in the possession of an agent liable to execution as his property. This would be well enough, as it would be only following the principle of law that possession of personal property is the evidence of title. But the bill goes further, and declares that all such property in the possession of agents "shall be deemed and held in law to be the property of such agent." This provision would prevent the property being levied upon and sold as the property of the principal in any instance, which is not what was intended. A principal could thus entirely protect himself from paying his just debts by doing business through an agent and not record ing the fact as this bill requires. Nothing, I suppose, could have been further from the purpose of those who prepared the legislation. Yet they have inadvertently opened the door for frauds in the just effort to prevent impositions. ROBT. E. PATTISON. No. 28. AN ACT To enable city, county, township, and borough tax collectors to collect taxes for the payment of which they have become personally liable without having collected the same by expiration of the authority of their respective warrants, and to extend the time for collection of the same for a period of one year from the passage of this act. SECTION 1. Be it enacted, &c., That in all cases in which the period of two years, the limitation of the warrants in the duplicate of county, city, township, ward, and borough tax collectors have expired, and said collector or collectors have become liable for the amount of tax on said duplicates without having collected the same, the said duplicates and warrants in all such cases are hereby revived and extended for another period of one year from the passage of this act; and said collector or collectors are hereby authorized and empowered to proceed and collect said taxes from all persons who have not paid taxes assessed to them residing in said districts within which it may have been assessed, as well as from all persons who removed from said city, ward, township, or townships, or boroughs, and have neglected to pay taxes so as aforesaid assessed, with like effect as if said warrants had not expired by the limitation of two years aforesaid: Provided, That the provisions of this act shall not apply to warrants issued prior to the year one thousand eight hundred and seventy-four: And provided further, That the provisions of this act shall not apply to cities of the first and second class. JAMES L. GRAHAM, Speaker of the House of Representatives. AMOS H. MYLIN, President pro tem. of the Senate. EXECUTIVE DEPARTMENT, COMMONWEALTH OF PENNSYLVANIA, OFFICE OF THE GOVERNOR, I herewith file, with my objections, in the office of the Secretary of the Commonwealth, House bill No. 135, entitled "An act to enable city, county, township, and borough tax collectors to collect taxes for the payment of which they have become personally liable without having collected the same by expiration of the authority of their respective warrants, and to extend the time for collection of the same for a period of one year from the passage of this act." Similar acts to this have been regularly presented and passed at the sessions of the Legislature for many years. This act, however, improving upon all others, extends back to tax warrants issued in 1874. It seems to me that it is about time to stop this system of extensions. The tax collectors may be, (indeed, most of them are) now out of office, some since |