persons or property, directly or indirectly resulting from the explosion or combustion of any such article.

XXX. SALE OF DEADLY WEAPONS AND EXPLOSIVES TO MINORS PROHIBITED.

Act 10 June, 1881, Sec. 1, P. L., 111.-Any person who shall knowingly and wilfully sell or cause to be sold, to any person under sixteen years of age, any cannon, revolver, pistol or other such deadly weapon, or who shall knowingly and wilfully sell or cause to be sold to any such minor, any imitation or toy cannon, revolver or pistol so made, constructed or arranged as to be сараble of being loaded with gunpowder or other explosive substance, cartridges, shot, slugs or balls, and being exploded, fired off and discharged, and thereby become a dangerous or deadly weapon, or who shall knowingly and wilfully sell or cause to be sold to any such minor any cartridge, gunpowder, or other dangerous and explosive substance, shall, in every such case, be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding three hundred dollars.

XXXI. SELLING UNWHOLESOME PROVISIONS OR ADULTERATED LIQUORS OR MEDICINES.

Act 31 March, 1860, Sec. 69, P. L., 401.-If any person shall sell or expose for sale, the flesh of any diseased animal, or any other unwholesome flesh, knowing the same to be diseased or unwholesome, or sell or expose for sale unwholesome bread, drink or liquor, knowing the same to be unwholesome, or shall adulterate for the purpose of sale, or sell any flour, meal or other article of food, any wine, beer, spirits of any kind, or other liquor intended for drinking, knowing the same to be adulterated, or shall adulterate for sale, or shall sell, knowing them to be so adulterated, any drugs or medicines, such person so offending shall be guilty of a misdemeanor, and, upon conviction, be sentenced to pay a fine not exceeding one hundred dollars, or undergo an imprisonment not exceeding six months, or both, or either, at the discretion of the court.

XXXII. SELLING POISONS.

Act 31 March, 1860, Sec. 70, P. L., 401.-No apothecary, druggist or other person, shall sell or dispose of by retail, any morphia, strychnia, arsenic, prussic acid or corrosive sublimate, except upon the prescription of a physician, or on the personal application of some respectable inhabitant of full age, of the town or place in which such sale shall be made; in all cases of such sale, the word poison shall be carefully and legibly marked or placed upon the label, package, bottle, or other vessel or thing in which such poison is contained; and when sold or disposed of, otherwise than under the prescription of a physician, the apothecary, druggist, or other person selling or disposing of the same, shall note in a register, kept for that purpose, the name and residence of the person to whom such sale was made, the quantity sold, and the date of such sale; and any person offending herein, shall be guilty of a misdemeanor, and, on conviction, be sentenced to pay a fine not exceeding fifty dollars.

XXXIII. POISONS NOT TO BE EXPOSED IN PUBLIC PLACES OR ON LANDS OR HIGHWAYS.

Act 23 May, 1878, Sec. 1 and 2, P. L., 117.—No person shall put or expose in any public place or highway, nor on his own lands, outside of his buildings, nor on the lands of any other person, any poison, or admixture thereof, with the intent that the same shall be taken or swallowed by any bird, fowl or wild animal.

Any person violating this act, shall, on conviction before any alderman or justice of the peace, be subjected to a fine of twenty dollars to the use of the Commonwealth.

XXXIV. USE OF POISONOUS AND INJURIOUS DRUGS IN THE MANUFACTURE OF LIQUOR PROHIBITED, ALSO THE SALE OF SUCH LIQUOR.

Act 14 April, 1863, Sec. 1, P. L., 389.-It shall be unlawful for any person or persons to make use of any active poison, or other deleterious drugs, in any quantity or quantities, in the manufacture or preparation, by process of rectifying or otherwise, of any intoxicating malt or alcoholic liquors, or for any person or

persons to knowingly sell such poisoned or drugged liquors in any quantity or quantities; and any person or persons so offending shall be deemed guilty of a misdemeanor.

XXXV. MANUFACTURERS AND SELLERS OF MALT AND ALCOHOLIC LIQUORS SHALL BRAND THEIR NAMES ON BARRELS AND THE WORDS "CONTAINING NO DELETERIOUS DRUGS OR ADDED POISON."

Act 14 April, 1863, Sec. 2, P. L., 389.—It shall be the duty of any person or persons engaged in the manufacture and sale of intoxicating malt or alcoholic liquors, or in rectifying or preparing the same in any way, to brand, on each barrel, cask, or other vessel containing the same, the name, or names, of the person or persons manufacturing, rectifying, or preparing, the same, and also these words, "containing no deleterious drugs or added poison;" and shall also certify the same fact, or facts, to the purchaser, over his, her, or their own proper signature.

Act 14 April, 1863, Sec. 3, P. L., 389.-If any barrel, cask, or other vessel, containing any such drugged or poisoned liquor, shall be found in the possession of any person, or persons, designated in sections one and two, it shall be deemed prima facie evidence of a violation of the provisions of this act.

Act 14 April, 1863, Sec. 4, P. L., 389.-Any suspected article, or specimen of intoxicating, malt or alcoholic liquor, shall be subjected to analysis, by some competent person to perform the same, under the direction of the court, before which the case is tried; and such analysis, duly certified, under oath, shall be deemed legal evidence in any court in this State: Provided, That upon any preliminary examination, before any justice of the peace, mayor or other magistrate or competent authority, for the purpose of binding over, such officer may order the inspection aforesaid, to be made, and make such order as may be necessary to preserve the evidence of the offence, until the trial of the offender.

Act 14 April, 1863, Sec. 5, P. L., 389.-Any person, offending against any of the provisions of this act shall be guilty of a misdemeanor, and, on conviction thereof, shall be sentenced to pay a fine, not exceeding five hundred dollars, and to undergo an imprisonment, not exceeding twelve months, or both, or either, in the discretion of the court.

XXXVI. IMPORTING CRIMINALS.

Act 31 March, 1860, Sec. 71, P. L., 401.-If any master or commander of any ship, boat, or other vessel, arriving from any foreign country, place, or port, at any port, harbor, or place within this Commonwealth, shall knowingly bring with him any person, either as a passenger, working hand, or otherwise, who shall have been convicted of any offence in any foreign country or place, which, if committed within this Commonwealth, would have subjected the offender to imprisonment at labor, with intent to land such person or permit him to land, such master or commander shall be guilty of a misdemeanor, and, on conviction thereof, be sentenced to pay a fine not exceeding three hundred dollars, and undergo an imprisonment not exceeding one year.

XXXVII. REVEALING CONTENTS OF TELEGRAPH MESSAGES PROHIBITED.

Act 31 March, 1860, Sec. 72, P. L., 402.—If any superintendent, operator, or other person, who may be engaged in any telegraph line, shall use, or cause to be used, or make known, or cause to be made known, the contents of any dispatch, or any part thereof, sent from or received at any telegraph office in this Commonwealth, or in anywise unlawfully expose another's business or secret, or in anywise impair the value of any correspondence so sent or received, such person shall be guilty of a misdemeanor, and, on conviction, be sentenced to pay a fine not exceeding five hundred dollars, and to undergo an imprisonment not exceeding six months, or both, or either, at the discretion of the court.

ED. NOTE.-As to forgery of telegraph dispatches, see Act 31 March, 1860, Sec. 176, P. L., 425.

Henisler v. Freedman, 2 Rars., 274.-This section does not apply where dispatches are brought into court by its authority.

XXXVIII. PUBLIC NUISANCES.

Act 31 March, 1860, Sec. 73, P. L., 402.-Any person who shall erect, set up, establish, maintain, keep up, or continue, or cause to be erected, set up, established, maintained, kept up, or continued, any common nuisance, shall be guilty of a misdemeanor, and, on conviction, shall be sentenced to pay a fine and suffer an

imprisonment, or either, or both, according to the discretion of the court under the circumstances of the case; and where the said nuisance shall be in existence at the time of the conviction and sentence, it shall be lawful for the court, in its discretion, to direct either the defendant or the sheriff of the proper county, at the expense of the defendant, to abate the same: Provided also, That all obstructions to private roads, laid out according to law, shall be nuisances, which would be nuisances in cases of obstructions to public roads or highways.

Lancaster Turnpike Company v. Rogers, 2 Barr, 115.-Any one may abate a common nuisance.

1. Commonwealth v. Passmore, 1814, 1 Sergt. & Rawle, 219.-" It is not lawful for an auctioneer to place goods intended for sale in the public streets."

2. "Supposing the corporation of the city possess the right of authorizing a nuisance, the ordinance of January 18th, 1790, merely exempts auctioneers from the penalties imposed upon others who obstruct the streets, and leaves the law, as to them, as it was before."

Brown v. Commonwealth, 1817, 3 Sergt. & Rawle, 273.-"An act permitting the owners of lands adjoining any navigable stream of water, declared by law a public highway, to erect dams, and prescribing a special proceeding for injury to the navigation, comprehends a stream declared a public highway after the passage of the act, especially if the summary remedy, given to persons who sustain damage, is extended by the act to streams thereafter declared public highways."

Commonwealth v. Houck, 1882, 11 Weekly Notes, 559.—What the law protects cannot be a nuisance.

Kelly v. Commonwealth, 1824, 11 Sergt. & Rawle, 345.-The obstruction of a highway is an offence at common law, which the Act of April, 1802, did not extinguish, but inflicted an additional punishment for a distinct offence, viz., for not removing the nuisance on notice from the supervisors.

Notice to remove a fence built across a public road need not be proven on the trial.

Commonwealth v. Milliman et al., 1825, 13 Sergt. & Rawle, 403.-It is a nuisance for a constable to conduct a sale of goods levied upon by him, in the public street of a city.

Commonwealth v. McClung, 1828, 3 Clark, 413.—It is an "indictable offence to keep and to allow to go at large any dangerous, ferocious, or biting animal, to the annoyance and terror of the neighborhood or the public."

1. Graffins et al. v. Commonwealth, 1832, 3 Penrose & Watts, 503.-" To the common nuisance of the citizens of the Commonwealth of Pennsylvania" must be the conclusion of indictments against supervisors of the public roads for not keeping them in repair.

2. The duties and liabilities of officers of a corporation are to be collected from its charter.

3. Where street commissioners were indicted for not repairing a street, it was.