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XLVIII. FALSE REPRESENTATIONS TO LIFE INSURANCE COMPANIES, HOW PUNISHED.

Act 10 June, 1881, Sec. 1, P. L., 109.-Any agent of a mutual, stock or co-operative life insurance company or association, physician or other person whatsoever, who shall knowingly make, or be concerned, or interested in making, any misrepresentation or false statement, for the purpose of securing from any mutual, stock or co-operative life insurance company or association a policy of insurance or certificate of membership upon his own life, or the life of any other person, shall be guilty of a misdemeanor, and, upon conviction thereof, be fined not exceeding one thousand dollars, or undergo imprisonment not exceeding one year, or both, in the discretion of the court.

XLIX. SALE OF OYSTERS AND CLAMS IN PHILADELPHIA DURING MONTHS OF JULY AND AUGUST FORBIDDEN, AND TO BE BY COUNT WHEN SOLD UNOPENED.

Act 4 May, 1871, Sec. 1, P. L., 250.-It shall be unlawful for any person or persons, during the months of July and August in each year, to bring into the city of Philadelphia, for sale, or to vend or sell, or to expose for sale, within the same, any clams or oysters; and any person or persons so offending, shall be guilty of a misdemeanor, and, upon conviction, shall be sentenced to pay a fine not exceeding one hundred dollars, or undergo an imprisonment not exceeding six months, or both, at the discretion of the court.

ED. NOTE.-The above section has been extended to the State in the item of oysters, and amended to include the month of June, as see Act of 10 April, 1873, sec. 1, P. L., 69, page 291.

Act 4 May, 1871, Sec. 5, P. L., 250.-It shall be unlawful for any person or persons to sell unopened clams or oysters, within the city of Philadelphia, in any other way than by count or tale; and the same shall be counted at the time and place of sale and before delivery; and any person or persons offending against this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not less than twentyfive dollars, and not exceeding one hundred dollars, or undergo an imprisonment, not exceeding six months, or both, at the discretion of the court.

Act 10 April, 1873, Sec. 1, P. L., 69.-It shall be unlawful

for any person or persons, during the months of June, July, and August, in each year, to bring into this Commonwealth, for sale, or to vend or sell, or to expose for sale any oysters; and any person or persons so offending, shall be guilty of a misdemeanor, and, upon conviction, shall be sentenced to pay a fine not exceeding one hundred dollars, or undergo an imprisonment not exceeding six months, or both, at the discretion of the court.

L. PENALTY FOR SELLING OYSTERS OR CLAMS IN PENNSYLVANIA WITHOUT A LICENSE.

Act 4 May, 1871, Sec. 4, P. L., 250.-If any person or persons, not residents in this Commonwealth, nor having a store or warehouse, or other place of business, within the same, and not having a license, as provided in the 2d and 3d sections of this act, shall bring into the State for the purpose of sale, or shall vend or sell, or expose for sale, within this Commonwealth, any clams or oysters, such person or persons so offending, shall be guilty of a misdemeanor, and, on conviction thereof, shall be sentenced to pay a fine of not less than fifty, nor exceeding three hundred dollars, or undergo an imprisonment not exceeding six months, or both, at the discretion of the court.

LI. UNLAWFUL FOR AN OFFICER OR OTHER PERSON TO REMOVE FROM THE STATE ANY PRISONER, WITHOUT A REQUISITION AND HEARING.

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Act 24 May, 1878, Sec. 3, P. L., 137.-It shall not be lawful

any person or officer to take any person or persons out of this Commonwealth, upon the ground that the prisoner or prisoners consent to go, or by reason of his or their willingness to waive the proceedings afore-described; and any person or persons who shall arrest or procure the arrest of any citizen, inhabitant or temporary resident of this Commonwealth, for the purpose of taking or sending him to another State, without a requisition first had and obtained, accompanied by a certified copy of the indictment or information, and without a warrant issued by or under the direction of the governor of this Commonwealth, served by the sheriff or his deputy, and without first taking him before a

judge of a court of record, as aforesaid, shall be guilty of a misdemeanor, and, upon conviction, be sentenced to one year's imprisonment.

Act 24 May, 1878, Sec. 6, P. L., 138.-Any person giving false information under this act, with intent to injure any person, or deprive him of his liberty, shall be liable to the penalties of the 3d section of this act, [one year imprisonment.]

LII. OBTAINING BOARD BY FRAUD, AND ABSCONDING WITH BAGGAGE FROM INNS OR TAVERNS, ETC., ETC.; AND FOR OVERCHARGING GUESTS THEREIN, HOW PUNISHED.

Act 20 April, 1876, Sec. 1, P. L., 45.-Every person who shall, at any hotel or inn, or boarding-house, receive or cause to be furnished any food or accommodations, with intent to defraud the owner or proprietor of such hotel, inn or boarding-house out of the value or price of such food or accommodation, and every person who shall obtain credit at any hotel, inn or boarding-house, by the use of any false pretences or device, or by depositing at such hotel, inn or boarding-house any baggage or property of value less than the amount of such credit, or of the bill by such person incurred, with such fraudulent intent, and any person who, after obtaining credit or accommodation at any hotel, inn or boardinghouse, shall abscond from such hotel, inn or boarding-house, and shall surreptitiously remove his baggage or property therefrom, shall [upon conviction] be adjudged guilty of a misdemeanor, and, upon conviction, shall be punished by imprisonment in the county jail for a term of not more than six months.

Act 20 April, 1876, Sec. 2, P. L., 45.-Every keeper of a hotel, restaurant, inn or boarding-house shall post in a public and conspicuous place in the office or public room, and in every bedroom occupied by guests in said house, a printed copy of this act, and a statement of the charges or rates of charges by the day, and for meals and items furnished, and for lodging.

No charge or sum shall be collected or received by any such person for any services not actually rendered, or for any items not actually delivered, or for a longer time than the person so charged actually remained at such place. For any violation of this section, or any provisions in this section, the offender shall forfeit his bill so charged, and, upon conviction thereof, be adjudged guilty

of a misdemeanor, and shall be punished by imprisonment in the county jail for a term of not more than six months.

LIII. SALES BY SAMPLE WITHOUT LICENSE IN PHILADELPHIA, HOW PUNISHED.

Act 9 April, 1864, Sec. 1, P. L., 375.-If any person, not residing within this State, and paying, under the laws thereof, a license, now required by law, shall, within the city and county of Philadelphia, sell or exhibit for sale, by sample, specimen, card or otherwise, any goods, wares, or merchandise, for or on account of any merchant, manufacturer, or other person, not having his principal place of business within the said State, and not having a license under the laws of this Commonwealth for the sale of such goods, wares, or merchandise, such person so offending shall be guilty of a misdemeanor, and, on conviction, shall be sentenced to an imprisonment not exceeding thirty days, and to pay a fine not exceeding three hundred dollars, or both, or either, in the discretion of the court.

Commonwealth v. Dunn, 1871, 8 Phila. R., 605.-A travelling salesman is not indictable here for acts committed in another jurisdiction.

LIV. ALDERMAN, JUSTICE OF THE PEACE, CONSTABLE OR TREASURER VIOLATING THE REQUIREMENTS OF THE ACTS TOUCHING THE VENDERS OF MERCHANDISE, HOW PUNISHED. Act 4 March, 1824, Sec. 7, 8 Sm., 201.-If any alderman, justice of the peace, constable or treasurer, shall neglect or refuse to perform the duties required of him by this act, or the act to which this is supplementary, such officer so neglecting shall be considered guilty of misdemeanor in office, and shall, on conviction of the same before a competent tribunal, forfeit the sum of one hundred dollars, one-half to the State and the other to the person or persons who shall prosecute such offender or offenders. LV. MANUFACTURERS OF MALT LIQUORS MAY HAVE A REGISTERED TRADE-MARK. PENALTY FOR USE OR DEFACEMENT THEREOF.

Act 4 April, 1865, Sec. 1, P. L., 58.-Any person or persons, engaged in the manufacture of malt liquor for sale in butts, hogs

heads, barrels, half-barrels, casks, half-casks, quarter-casks or kegs, with his or their name or names or other private marks, respectively branded or stamped thereon, may file in the office of the prothonotary of the county in which such articles shall be manufactured, a description of the names used, and other private mark or marks, to be branded or stamped thereon, and shall cause the same to be published once a week, for six weeks successively, in a newspaper published in such county, and in the city of Philadelphia, where such publications shall be made, for the same time, in two daily newspapers, published in said city.

Act 4 April, 1865, Sec. 2, P. L., 58.-It is hereby declared to be unlawful for any person or persons, hereafter, other than the lawful owner or owners, as mentioned and referred to in the first section of this act, to fill with malt liquor or liquors, for any purpose whatever, or to use, traffic in, purchase, sell, dispose of, detain, convert, mutilate or destroy, or wilfully or unreasonably refuse to return or deliver to such owner, upon demand being made, any such butt, hogshead, barrel, half-barrel, cask, half-cask, quarter-cask or keg, so branded or stamped, or from which such brand or stamps have been removed, cut off, defaced or obliterated, or to remove, cut off, deface or obliterate, or to brand or stamp other brands or stamps on the same, without the written permission of such original or lawful owner or owners thereof, or unless there shall have been a sale in express terms of any such article, exclusive of the malt liquor contained therein, to such person or persons, by said original or lawful owner or owners; any person so offending shall, upon conviction, be deemed guilty of a misdemeanor, to be punished, for the first offence, by a fine of ten dollars for each and every such butt, hogshead, barrel, half-barrel, cask, half-cask, quarter-cask or keg, so filled and trafficked in, purchased, sold, disposed of, detained, converted, mutilated or destroyed, or not so delivered or returned; and by a fine of twenty dollars, and by imprisonment in a county jail, for not less than one and not more than three months, for each and every subsequent offence; to be recovered in the same manner as fines are now recoverable, one-half for the use of the poor of the city or the county where such offence shall be committed, and one-half for the use of the officer who may arrest such offender.

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