forged or counterfeited stamps or labels of any mechanic or manufacturer, knowing the same to be forged or counterfeited, and resembling or purporting to be imitations of the stamps or labels of such mechanic or manufacturer, without disclosing the fact to the purchaser thereof, such person shall, upon conviction, be deemed guilty of a misdemeanor, and be sentenced to pay a fine, not exceeding five hundred dollars.

XXIII. FRAUDULENT USE OF REGISTERED BOTTLES, AND DEALING IN THEM, HOW PUNISHED.

Act 9 April, 1870, Sec. 1, P. L., 1068.—If any person or persons shall, without the permission of the owner thereof, fill with mineral water, or any other article whatever, any bottle marked and registered in accordance with the Acts of April 9, 1849, and January 20, 1849, and April 20, 1843 [1853], by the manufacturers and venders of mineral water and other beverages, or shall sell or buy, traffic in, or use or dispose of any such bottles, for gain, convenience or profit, such person or persons shall be deemed guilty of a misdemeanor, and, upon conviction thereof in the proper court, shall be liable to a fine, not exceeding five hundred dollars, or imprisonment, not exceeding six months.

Act 9 April, 1870, Sec. 2, P. L., 1068.-The using, by any other person than the rightful owners, of such bottles as aforesaid, shall be prima facie proof of the unlawful dealing in or using said bottles: Provided, That this act shall only apply to the city of Philadelphia.

XXIV. FORGERY OF TELEGRAPHIC DISPATCHES.

Act 31 March, 1860, Sec. 176, P. L., 425.-If any person, whether an operator in any telegraph office or otherwise, shall knowingly send or cause to be sent, by telegraph, any false or forged message, as from such office, or as from any other person, knowing the same to be false, forged or counterfeited, with intent to deceive, injure or defraud any individual or body corporate, such offender, on conviction, shall be guilty of a misdemeanor, and be sentenced to pay a fine, not exceeding five hundred dollars, and undergo an imprisonment, not exceeding one year.

Act 31 March, 1860, Sec. 177, P. L., 425.-No crime whatsoever, hereafter committed, except murder of the first degree, shall be punished with death in the State of Pennsylvania.

II. CRIMES NOT PROVIDED FOR IN THE ACT 31 MARCH, 1860, CONSOLIDATING THE PENAL LAWS, HOW PUNISHED.

Act 31 March, 1860, Sec. 178, P. L., 425.-Every felony, misdemeanor or offence whatever, not specially provided for by this act may and shall be punished as heretofore.

Commonwealth v. Mohn, 52 Penn. St. R., 243. 1. As to a common scold.

III. RESTITUTION TO BE AWARDED IN CERTAIN CASES, AND PARTY AGGRIEVED TO BE A WITNESS.

Act 31 March, 1860, Sec. 179, P. L., 425.-On all convictions for robbery, burglary or larceny of any goods, chattels or other property, made the subject of larceny by the laws of this Commonwealth, or for otherwise unlawfully and fraudulently taking or obtaining the same, or of receiving such goods, chattels or other property, knowing the same to be stolen, the defendant shall, in addition to the punishment heretofore prescribed for such offences, be adjudged to restore to the owner the property taken, or to pay the value of the same, or so much thereof as may not (561)

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be restored. And on all convictions on any indictment for forgery, for uttering, publishing or passing any forged or counterfeit coin, bank notes, check or writing, or any indictment for fraudulently, by means of false tokens or pretences, or otherwise cheating and defrauding another of his goods, chattels or other property, the defendant, in addition to the punishment herein before prescribed for such offences, shall be adjudged to make similar restitution, or other compensation, as in case of larceny, to the person defrauded: Provided, That nothing herein shall be so construed as to prevent the party aggrieved, and to whom restitution is to be awarded, from being a competent witness on the trial of the offender.

1. Huntzinger v. Commonwealth, 1881, 97 Penna., 340.-"To support a judgment of restitution, the indictment must show that the money or other thing was actually obtained and taken by the defendant."

2. The Huntzingers are not charged in the indictment with having obtained money from any person, but simply with conspiracy, therefore: Held, "The part of the judgment in these words: 'That you (Jacob Huntzinger and J. Albert Huntzinger) restore and pay to the prosecutor, Thomas F. Kerns, the property of which he was defrauded, to wit, the sum of twenty-four thousand dollars ($24,000), unless you have already done so,' is reversed."

IV. ACCESSORIES.

Act 31 March, 1860, Sec. 180, P. L., 426.—Every principal in the second degree, or accessory before the fact, to any felony punishable under this act, for whom no punishment has been herein before provided, shall be punishable in the same manner as the principal in the first degree is by this act punishable. Every accessory after the fact to any felony, punishable under this act, for whom no punishment has been herein before provided, shall, on conviction, be sentenced to a fine not exceeding five hundred dollars, and to undergo an imprisonment, with or without labor, at the discretion of the court, not exceeding two years. And every person who shall counsel, aid or abet the commission of any misdemeanor, punishable under this act, for whom no punishment has been herein before provided, shall be liable to be proceeded against and punished as the principal offender.

V. SENTENCE FULFILLED, TO EFFECT A PARDON.

Act 31 March, 1860, Sec. 181, P. L., 426.-Where any person hath been, or shall be convicted of any felony, not punishable with death, or any misdemeanor punishable with imprisonment at labor, and hath endured, or shall endure the punishment to which such offender hath been or shall be adjudged for the same, the punishment so endured shall have the like effects and consequences as a pardon by the governor, as to the felony or misdemeanor whereof such person was so convicted: Provided, That nothing herein contained, nor the enduring of such punishment, shall prevent or mitigate any punishment which the offender might otherwise be lawfully sentenced on a subsequent conviction for any other felony or misdemeanor, and that the provisions of this section shall not extend to the case of a party convicted of wilful and corrupt perjury.

VI. SECOND CONVICTION AFTER PUNISHMENT OF SIMILAR OFFENCES.

Act 31 March, 1860, Sec. 182, P. L., 426.-If any person who has been convicted of any offence, other than murder of the second degree, for which the punishment prescribed by this code is imprisonment by separate or solitary confinement at labor, shall, after such conviction, be guilty of a similar offence, or of any offence for which such punishment is directed, he shall in either case, upon conviction, be sentenced to undergo an imprisonment, and be kept at labor not exceeding double the whole period of time which may, by the penal laws of this Commonwealth, be prescribed for the crime of which he is convicted.

VII. ACTS OF ASSEMBLY TO BE STRICTLY PURSUED.

Act 31 March, 1860, Sec. 183, P. L., 426.—In all cases where a remedy is provided, or duty enjoined, or anything directed to be done by any act or acts of Assembly of this Commonwealth, the directions of the said acts shall be strictly pursued; and no penalty shall be inflicted, or anything done agreeably to the provisions of the common law in such cases, further than shall be necessary for carrying such act or acts into effect.

Commonwealth v. Jeandell, 7 Am. L. R., 620.

Commonwealth v. Evans, 1 Ash., 46.

Commonwealth v. Van Sickle, Bright, 69.
Hellings v. Commonwealth, 5 R., 64.

VIII. EXPLANATORY OF GENERAL TERMS.

Act 31 March, 1860, Sec. 184, P. L., 426.-That wherever anything is forbidden or directed by the provisions of this code, by using the general terms, any one, any person, the person, every person and such person, or relative pronoun he, referring to such general term, the same prohibition or direction, if the contrary be not expressed, is extended to more persons than one, and to females as well as males doing or omitting the same act.