XII. EMBEZZLEMENT BY ANY MEMBER OF THE NATIONAL GUARD.

Act 15 April, 1873, Sec. 6, P. L., 74.-Any member of the National Guard who shall embezzle, misapply, or retain in his possession, without authority, any moneys received by him for disbursement, shall be deemed guilty of a felony; and it shall be the duty of the district attorney of the proper county, on complaint being made, to prosecute such offender in any court of competent jurisdiction, and to collect any penalty imposed, and pay the same into the State treasury.

XIII. EMBEZZLEMENT BY PUBLIC OFFICERS.

Act 31 March, 1860, Sec. 65, P. L., 400.-If any State, county, township, or municipal officer of this Commonwealth, charged with the collection, safe-keeping, transfer, or disbursement of public money, shall convert to his own use, in any way whatsoever, or shall use, by way of investment in any kind of property or merchandise, any portion of the public money intrusted to him for collection, safe-keeping, transfer, or disbursement, or shall prove a defaulter, or fail to pay over the same when thereunto legally required by the State, county, or township treasurer, or other proper officer or person authorized to demand and receive the same, every such act shall be deemed and adjudged to be an embezzlement of so much of said money as shall be thus taken, converted, invested, used, or unaccounted for, which is hereby declared a misdemeanor; and every such officer, and every person or persons whomsoever aiding or abetting, or being in any way accessory to said act, and being thereof convicted, shall be sentenced to an imprisonment, by separate or solitary confinement at labor, not exceeding five years, and to pay a fine equal to the amount of the money embezzled.

Commonwealth v. Morrisey, 1878, 6 Weekly Notes, 72.-Held, That under the 65th section, Act of March 31, 1860, a school director is indictable.

Commonwealth v. Morrisey, 1878, 5 Norris, 416.—A school treasurer is indictable under the 65th section of the Act of March 31st, 1860, because he is the officer of a municipality of specific statutory creation, by the Act of 8th of May, 1854.

Commonwealth v. Marcer, 29 Leg. Int., 52.-Money of a city is public money.

XIV. OFFENCES BY CORPORATION OFFICERS.

Act 31 March, 1860, Sec. 66, P. L., 400.-It shall not be lawful for any councilman, burgess, trustee, manager, or director of any corporation, municipality, or public institution to be, at the same time, a treasurer, secretary, or other officer, subordinate to the president and directors, who shall receive a salary therefrom, or be the surety of such officer, nor shall any member of any corporation or public institution, or any officer or agent thereof, be in any wise interested in any contract for the sale or furnishing of any supplies, or materials to be furnished to, or for the use of, any corporation, municipality, or public institution of which he shall be a member or officer, or for which he shall be agent, nor directly nor indirectly interested therein, nor receive any reward or gratuity from any person interested in such contract or sale; and any person violating these provisions, or either of them, shall forfeit his membership in such corporation, municipality, or institution, and his office or appointment thereunder, and shall be held guilty of a misdemeanor, and, on conviction thereof, be sentenced to pay a fine not exceeding five hundred dollars: Provided, That nothing in this section contained shall prevent a vice-president of any bank from being a director of such bank, or of receiving a salary as vice-president.

ED. NOTE.-The question has been raised: How far does Section 1, Act of 31 March, 1868, repeal the part of above statute relating to salary of certain persons, inhibited in above section, and permitted in Section 1 of the Act of 1868?

Act 31 March, 1860, Sec. 67, P. L., 400.-Any person who shall contract for the sale, or sell any supplies or materials as aforesaid, and shall cause to be interested in any such contract or sale any member, officer, or agent of any corporation, municipality, or institution, or give or offer to give any such person any reward or gratuity, to influence him or them in the discharge of their official duties, shall not be capable of recovering anything upon any contract or sale, in relation to which he may have so practiced or attempted to practice corruptly, but the same shall be void, and such party shall be guilty of a misdemeanor, and, on conviction thereof, be sentenced to pay a fine not exceeding five hundred dollars.

Act 31 March, 1860, Sec. 68, P. L., 401.-If any officer of any municipal or other corporation, not authorized by law, shall be instrumental in, or shall consent to or connive at the making or issuing of any note, bill, check, ticket, or order, intended to be used as currency, he shall be guilty of a misdemeanor, and, on conviction thereof, be sentenced to pay a fine not exceeding one thousand dollars for each offence, and to undergo an imprisonment not exceeding six months.

XV. CITY OFFICIALS NOT TO USE PUBLIC PROPERTY, NOR TO BE INTERESTED IN CONTRACTS. PENALTY.

Act 23 May, 1874, Sec. 12, P. L., 231.-No portion of the property of any of said cities shall be used for purposes of private gain by any official, councilman, agent or employé of said city, or of any department thereof, nor shall the same be wilfully used or injured, or sold or disposed of in any manner without the consent of councils, by any such official, councilman, agent or employé. Nor shall any official, councilman, agent or employé of said city, or any department thereof, be interested, either directly or indirectly, either personally or as a member or officer of any firm, company or corporation contracting with the said city, or any department thereof, for the use, lease, occupation or enjoyment of any of the works, material or property of said city. And any breach of the provisions of this section shall be a misdemeanor, and, upon conviction thereof, shall be punished by fine not exceeding one thousand dollars and imprisonment not exceeding one year, or either, at the discretion of the court trying the same; and, upon such conviction, the party offending shall be forthwith removed from his office or employment, and shall not be eligible to appointment to any place of profit or trust under said city or any department thereof.

XVI. THE TAKING OF COMPENSATION BEYOND THE SALARY OF CITY OFFICIALS FIXED BY COUNCILS, A MISDEMEANOR. PENALTY.

Act 23 May, 1874, Sec. 29, P. L., 245.—The salary or compensation of the office of mayor shall be fixed by the councils every two years before the election of a mayor; policemen, watchmen

and all officers appointed by the said council, shall receive the compensation fixed by the ordinances of council, and it shall be a misdemeanor in office for any of such officers to ask, demand or receive any other compensation or reward for their official services, to be followed by dismissal or forfeiture of their respective offices.

XVII. WARRANTS IN EXCESS OF APPROPRIATIONS NOT TO BE DRAWN BY AUDITOR-GENERAL, NOR PAID BY THE STATE TREASURER.

Act 6 April, 1870, Sec. 54, P. L., 29.-If the auditor-general shall draw any warrant for an amount exceeding any appropriation, or if the State treasurer shall pay out for any appropriation named in any appropriation bill, a greater sum than is named therein for each appropriation, excepting the interest on the public debt, or for salaries of the judiciary, or for pensions and gratuities, they shall be deemed guilty of a misdemeanor, punishable by a fine, not exceeding one thousand dollars, or imprisonment, not exceeding one year, or both, for each and every offence.

XVIII. COUNCILMEN PUNISHED FOR SOLICITATION, DEMAND, OR RECEPTION OF BRIBES.

Act 23 May, 1874, Sec. 8, P. L., 231.-A member of councils who shall solicit, demand or receive, or consent to receive, directly or indirectly, for himself or another, from any company, corporation or person, any money, office, appointment, employment, testimonial, reward, thing of value or enjoyment, or of personal advantage, or promise thereof, for his vote or official influence, or for withholding the same, or with an understanding, expressed or implied, that his vote or official action shall be in any way influenced thereby, or who shall solicit or demand any such money or other advantage, matter or thing aforesaid for another, as the consideration of his vote or official influence, or for withholding the same, or shall give or withhold his vote or influence, in consideration of the payment or promise of such money, advantage, matter or thing to another, shall be held guilty of bribery, and shall, upon conviction thereof, be punished by fine not exceeding ten thousand dollars, and by separate and solitary confinement at

labor for a period not exceeding five years, and shall be forever incapable of holding any place of profit or trust in this Commonwealth.

XIX. PENALTY FOR BRIBING COUNCILMAN.

Act 23 May, 1874, Sec. 9, P. L. 231.-Any person who shall, directly or indirectly, offer, give or promise any money or thing of value, testimonial, privilege or personal advantage to any member of councils, to influence him in the performance of any of his public or official duties, shall be guilty of bribery, and be punished in such manner as that offence is by law punishable.

XX. INCREASE OF INDEBTEDNESS OF MUNICIPALITIES BEYOND SEVEN PER CENT. ON VALUATION PROHIBITED. Act 20 April, 1874, Sec. 1, P. L., 65.-Whenever the debt of any county, city, borough, township, school district or other municipality or incorporated district within this Commonwealth shall be equal to seven per centum upon the assessed value of the taxable property, as fixed by the last preceding assessed valuation therein, it shall be unlawful to increase the same, and all such increase shall be void, and any obligation issued for such increase, or any part thereof, shall be of no binding force upon such municipality or district; and each of the officers thereof wilfully authorizing such increase, or executing any obligation therefor, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding ten thousand dollars, and undergo an imprisonment not exceeding one year, or either, at the discretion of the court trying the same: Provided, That any city, the debt of which now exceeds seven per centum of such assessed valuation, may under authority of law to be hereafter enacted, increase the same three per centum in the aggregate, at any one time, upon such valuation.

XXI. MUNICIPAL AUTHORITIES MAY INCUR DEBT AND ISSUE SECURITIES THEREFOR, EQUAL TO TWO PER CENTUM ON VALUATION OF PROPERTY ASSESSED.

Act 20 April, 1874, Sec. 2, P. L., 65.-Any county, city, borough, school district or other municipality or incorporated dis