place where the law did not prohibit such killing. Dogs pursuing elk, or wild deer, or fawns, may be killed by any person; and any constable, or other town official, may kill any dog that habitually pursues elk, wild deer or fawns, and the owner of such dog shall be liable to a penalty of ten dollars for each elk, wild deer, or fawns, killed by such dog: Provided, That this act shall be so construed as not to change or alter the act to which it is a supplement, nor to change or alter any supplement thereto, except only as to the time during which it shall be lawful to kill or pursue any elk, or wild deer, in any way, part of this state. . APPROVED-The 18th day of March, A. D. 1875. J. F. HARTRANFT. No. 28. A SUPPLEMENT To an act regulating the election of secretary of internal affairs, approved eleventh day of May, one thousand eight hundred and seventy-four, relative to the management of said office. SECTION 1. Be it enacted, &c., That the commissioners of public buildings together with the secretary of internal af fairs, are hereby authorized and directed to make such additions to the building known as the office of the land department, as may be necessary for the proper performance of the duties imposed upon that officer by the provisions of the constitution. APPROVED-The 18th day of March, A. D. 1875. J. F. HARTRANFT. No. 29. To authorize the outgoing sheriffs in all counties where said sheriffs are paid by salary to deliver to their successors all unfinished and unexecuted writs and process of every descripton. SECTION 1. Be it enacted, &c., That it shall be the duty of every outgoing sheriff in any county where he is paid by salary for his services as such sheriff, to hand over to his successor in office all unfinished and unexecuted writs and process whatsoever, whose duty it shall be to receive and execute the same as if said writs and process had been originally issued and directed to him. APPROVED-The 18th day of March, A. D. 1875. J. F. HARTRANFT. No. 30. A SUPPLEMENT To an act to authorize the formation and regulation of railroad corporations, approved April four, Anno Domini one thousand eight hundred and sixty-eight. SECTION 1. Be it enacted, &c., That whenever, under the provisions of the act approved the fourth day of April, Anno Domini one thousand eight hundred and sixty-eight, entitled "An Act to authorize the formation and regulation of railroad companies," any number of citizens of Pennsylvania, not less than nine, may be desirous of forming a company for the purpose of constructing, maintaining and operating a railroad, having a gauge not exceeding three feet, for public use in the conveyance of persons and property, they may state in the articles of association which they are required to make and sign the capital stock of the company at six thousand dollars or any greater amount for every mile of road proposed to be constructed; and that said articles of association may be filed and recorded in the office of the secretary of the commonwealth when three thousand dollars of stock for every mile of railroad proposed to be made is subscribed, and ten per centum paid thereon in good faith and in cash to the directors named in said articles of association. APPROVED The 18th day of March, A. D. 1875. Judges may fix terms of courts, and times for holding same. May direct that grand jury be sum or to term time. No. 31. To authorize the judges of the several courts throughout the commonwealth to fix the number of the regular terms of said several courts and the times for holding the same, the time for summoning the grand jury and for the returns of constable, alderman and justices of the peace to the same. SECTION 1. Be it enacted, &c., That the judges of the several courts throughout the commonwealth, shall be authorized at any time hereafter to make an order fixing the number of the regular terms of the said several courts and establishing the times for holding the same, as in the opinion of the said judges the business may require, which order and all modifications or changes thereof shall be published in not less than two newspapers in each county of the district at least thirty days before the time so fixed for the taking effect. of said order. SECTION 2. That it shall be lawful for the said judges whenever the times for holding the terms of the courts of oyer moned to meet pri- and terminer and courts of quarter sessions of the peace have been established as aforesaid, to direct that the grand jury for any of the said terms shall be summoned, in the same manner as required under existing laws, to meet at such time prior to the holding of said terms as the judges of the said courts shall deem expedient; and if in the opinion of the said judges the business of the said courts at any time shall require it, the grand jury may be detained for an additional week without the issuing of a new venire, and the attend- Grand jury may be ance of prosecutors and witnesses may be enforced during ditional week. such additional week by all proper orders and process. SECTION 3. That whenever the judges of the said courts shall fix the times for the meeting of the grand jury, as pro detained for an ad tices. vided in the second section of this act, it shall be the duty Duty of constables, of constables, alderman and justices of the peace to make aldermen and jusall such returns to the said courts as they are required under existing laws to make on the day fixed as aforesaid for the meeting of the grand jury. APPROVED-The 18th day of March, A. D. 1875. J. F. HARTRANFT. No. 32. AN ACT Relating to orphans' courts. SECTION 1. Be it enacted, &c., That the judges of the sepa rate orphans' courts of this commonwealth, respectively, shall have power and are hereby authorized to establish, in their discretion, such rules and regulations as they may deem proper for the publication of advertisements of notices of the auditing of accounts of executors, administrators, guardians or trustees, of notices of sales of real estate under proceedings in said court, of notices to parties in proceedings in partition, and all other cases within their jurisdiction: Provided, That said court shall have supervision of and regu late the cost of such publication in all cases as well by special order in particular cases as by general rules; that said courts shall establish a bill of costs to be chargeable to parties and to estates before them for settlement, for the services of the clerks of said courts, respectively, in the transaction of business of said courts. APPROVED-The 18th day of March, A. D. 1875. J. F. HARTRANFT. No. 33. AN ACT In relation to the payment of the costs and expenses of the division of election districts. costs to be paid by SECTION 1. Be it enacted, &c., That in all cases of the division or creation of election districts by the court of quarter sessions of any county in this commonwealth, the said court Court may order shall order the costs and expenses thereof to be paid from the county. treasury of the proper county, and on such order being made the county commissioners shall draw their warrant for the payment of the same. Applicable to cases wherein costs not already paid. SECTION 2. This act shall apply to the case of the division or creation of all election districts, wherein the costs and expense have not already been paid. APPROVED-The 18th day of March, A. D. 1875. J. F. HARTRANFT. Venue may be No. 34. AN ACT To authorize changes of venue in criminal cases. SECTION 1. Be it enacted, &c., That in criminal prosecutions changed on applica- the venue may be changed, on application of the defendant or defendants, in the following cases: tion of defendants. For what causes changes may be made. Applications for change. Power of court to order change. Copy of record to be transmitted. How trial to be conducted. First. When the judge, who by law is required to try the same, is a near relative of the prosecutor, or of the defendant, or of the person injured, or has knowledge of facts which make it necessary that he should be a witness in the case. Second. When, upon the application of a defendant in a felony, it is made to appear to the satisfaction of the court, that from undue excitement against the prisoner, in the county where the offence was committed, a fair trial cannot be had, or that there exists in that county so great a prejudice against him that he cannot obtain a fair trial, or that there is a combination against him, instigated by influential persons, by reason of which he cannot obtain a fair trial. Third. When upon the trial of any criminal case an unsuccessful effort has been made to procure and empanel a jury for the trial of the defendant, and it shall be made to appear to the court by the written affidavit of some credible witness that a fair trial cannot be had. Fourth. When upon a second trial of any felonious homicide the evidence on the former trial thereof shall have been published within the county in which the same is being tried and the regular panel of jurors shall be exhausted without obtaining a jury. SECTION 2. All applications for changes of venue shall be made to the court in which the indictment shall be pending, in such manner as the said court shall direct and before the jury shall be sworn therein; and if the said court shall be satisfied of the propriety of such change of venue, and that the causes assigned therefor are true and are within the provisions of the first section of this act, it shall be ordered that the venue thereof shall be changed to some adjoining or convenient county where the causes alleged for a change do not exist. SECTION 3. When an order for a change of venue shall be made the clerk of the court shall make out a full and complete transcript of the record and proceedings in said cause, and transmit the same, together with the indictment and all other papers on file, to the clerk of the court to which the venue is changed, which transcript shall be entered on the minutes of said court; and the trial of said case shall be conducted in the court to which it shall be removed in all re spects as if the indictment had been found in the county to which the venue is changed; and the costs accruing from a costs. change of venue shall be paid by the county in which the offence was committed. SECTION 4. When the court has ordered a change of venue cused to enter into fence bailable. rant to issue for his it shall require the accused, if the offence is bailable, to enter Court to require acinto a recognizance with good and sufficient sureties, to be recognizance, if ofapproved by the court or judge, in such sum as the court may direct, conditioned for his appearance in the court to which the venue is changed, at the first day of the next term thereof, and to abide the order of such court; and in default of such recognizance, or if the offence be not bailable, a warrant shall If not bailable, warbe issued, directed to the sheriff, commanding him to safely conveyance to jail. convey the prisoner to the jail of the county where he is to be tried, there to be safely kept by the jailor thereof until discharged by due course of law; and the court shall bind To bind witnesses the witnesses on the part of the commonwealth to appear before the court in which the prisoner is to be tried. APPROVED-The 18th day of March, A. D. 1875. J. F. HARTRANFT. to appear. No. 35. A SUPPLEMENT To an act, entitled "An Act for the taxation of corporations," approved April twenty-fourth, Anno Domini one thousand eight hundred and seventy-four, construing the first proviso to the seventh section of said act to include coal used in the manufacture of coke. SECTION 1. Be it enacted, &c., That the first proviso to the seventh section of an act, entitled "An Act for the taxation of corporations," approved on the twenty-fourth day of April, one thousand eight hundred and seventy-four, which said proviso was intended to exempt companies liable to taxation under said section from any taxation with respect to coal consumed in the transaction of the business of any such company, shall, in all cases, be held and construed to include coal used in the manufacture of coke by any such company. APPROVED-The 18th day of March, A. D. 1875. J. F. HARTRANFT. |