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LAWS

OF THE

COMMONWEALTH OF PENNSYLVANIA.

No. 1.

AN ACT

Relating to return of writs and other process in courts which are abolished or changed by the provisions of the constitution.

SECTION 1. Be it enacted, &c., That in all cases where, under the provisions of the constitution and laws of this state, any court has been abolished or changed, either in terms, jurisdiction or name, and the causes and proceedings pending therein are required to be disposed of in the same or any other court, and where writs or other process shall or may be issued out of each court so abolished or changed, and shall not have been fully executed by the sheriff or other officer charged with the execution thereof, the sheriff or other officer shall proceed with such execution in the same manner as though no such change had been made, and shall make return of such writ, execution or other process into the court having jurisdiction, at the return day of such writ or other process, with the same force and effect as though no change had been made in such court.

APPROVED The 22d day January, A. D. 1875.

J. F. HARTRANFT.

No. 2.
AN ACT

Supplementary to the act, approved the second day of June, Anno Domini eighteen hundred and seventy-four, entitled "An Act authorizing the formation of partnership associations in which the capital subscribed shall alone be responsible for the debts of the association, except under certain circumstances," authorizing such associations to use a common seal in the execution of deeds, bonds and mortgages, and to acknowledge such instruments by their chairman and secretary.

SECTION 1. Be it enacted, &c., That whenever any associa- How deeds, &c., tion, formed under the act to which this is a supplement, shall may be executed have occasion to execute any deed of conveyance, or bonds

and acknowledged.

Applicable to infore made.

with or without coupons, and mortgages, to secure, purchase or borrowed moneys, such association shall have a right to adopt and use a common seal, and to acknowledge such instruments or writings by their chairman and secretary.

SECTION 2. That the provisions of the foregoing section shall be regarded as applicable to and authorizing the execution of deeds, bonds and mortgages heretofore made and delivered by any association formed under the act to which this is a supplement.

APPROVED-The 18th day of February, A. D. 1875.

J. F. HARTRANFT.

No. 3.

A SUPPLEMENT

To the act, approved March thirty-first, one thousand eight hundred and sixty, entitled "An Act to consolidate, revise and amend the penal laws of this commonwealth," further defining the offence of kidnapping, and affixing additional penalties thereto.

SECTION 1. Be it enacted, &c., That section ninety-four of an act, approved March thirty-first, one thousand eight hundred and sixty, entitled "An Act to consolidate, revise and amend the penal laws of this commonwealth," be amended by adding thereto as follows: That if any person shall maliciously, either by force or fraud, lead, take or carry away, or decoy or entice away, any child, under the age of ten years, from its parent or parents, or any other person having the lawful charge or care of such child or the possession of such child, with the intent to extort money or any valuable thing from the parent or any other person, for the restoration of such child, every such person shall be guilty of a felony, and upon conviction thereof shall be sentenced to pay a fine not exceeding ten thousand dollars, and to undergo an imprisonment by separate and solitary confinement at labor, for a period not exceeding twenty-five years; and if any person within this commonwealth shall knowingly conceal, harbor or detain, or assist in concealing, harboring or detaining, any such child so taken, carried or enticed away as aforesaid, either within or without this commonwealth, every such person shall be guilty of a felony, and upon conviction thereof be sentenced to pay a fine not exceeding five thousand dollars, and to undergo an imprisonment by separate or solitary confinement at labor not exceeding fifteen years: Provided, That this act shall not apply to the detaining or concealing of any child taken or carried away before the passage of this act, where the person or persons so harboring or concealing, shall, within thirty days after the passage of this act, surrender up such child to the custody of the nearest magistrate or justice of the peace, or to the sheriff of any county within this commonwealth.

APPROVED-The 25th day of February, A. D. 1875.
J. F. HARTRANFT.

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Authorizing the holding of orphans' courts by other than the regularly commissioned judges in certain cases.

SECTION 1. Be it enacted, &c., That whenever, by reason of sickness, absence, interest or other cause, a judge of orphans' court, in any judicial district of this commonwealth, may be unable to sit in any matter depending in such court, it shall be lawful for him to call upon any other orphans' court judge, or judge of any court of common pleas, in this commonwealth, to preside in and determine such matter, with the same force and effect as though he, the regular commissioned judge of such district, if presiding, might do.

APPROVED-The 4th day of March, A. D. 1875.

J. F. HARTRANFT.

No. 5.
AN ACT

To provide a remedy for irregularity in the sealing up of jury wheels and in the custody thereof.

SECTION 1. Be it enacted, &c., That when it shall appear to the judges of any of the courts of this commonwealth, or to the president judge thereof if in vacation, that there has been such irregularity in the sealing up of the jury wheel or in the custody of the same, as would constitute due cause of challenge of the array, it shall be lawful for such judges, or for such president judge if in vacation, to make an order upon the proper officers, requiring them forthwith to take from such wheel the names therein deposited, and make a new selection of persons to serve as jurors for the remainder of the current year, whose names shall be deposited in said wheel and sealed up according to law.

APPROVED-The 5th day of March, A. D. 1875.

J. F. HARTRANFT.

No. 6.
AN ACT

Authorizing the judges of the supreme court to appoint officers of said court.

SECTION 1. Be it enacted, &c., That the judges of the supreme court be and they are hereby authorized to appoint one crier and so many tipstaves as said court may deem necessary in each and every city and county in which said court is or shall be held, whose compensation shall be fixed by the judges of said court, at a rate per diem for the whole year, not exceeding that now paid to similar officers of the

courts of common pleas of said cities or counties; which
compensation shall be paid by the proper city or county trea-
surer, on bills approved by said court or by the prothonotary
thereof, in pursuance of a rule to be made for this purpose.
APPROVED-The 5th day of March, A. D. 1875.
J. F. HARTRANFT.

Terms of officers regulated.

Elections.

Organization of legislative departments.

Inauguration of mayors.

Repeal.

No. 7.

AN ACT

Fixing and regulating the terms of all members of councils and all other city, ward, borough and township officers, excepting school directors, elected by the people, and fixing the time for organization of the legislative departments, of the municipal governments of the commonwealth and the inauguration of the mayors of all the cities of the same.

SECTION 1. Be it enacted, &c., That all members of councils and all other city, ward, borough and township officers, excepting school directors, to be elected on the third Tuesday of February next, or in any year thereafter, whose term of office would, under existing laws, expire prior to the first Monday of April, shall continue in office from the date at which said term would otherwise expire, until the first Monday of April next ensuing thereto; and the terms of their successors shall begin on the first Monday of April, and shall continue for the period now fixed for the duration thereof by existing laws in each particular case; and hereafter all elections for officers which will be vacant on the first Monday of April, shall be held on the third Tuesday of February next preceding thereto.

SECTION 2. That the members of legislative departments of the municipal governments of this commonwealth hereafter elected, shall assemble in their respective places of meeting, for the purpose of organization, at ten o'clock in the forenoon of the first Monday in April in each year; and that the mayors of all cities of this commonwealth shall be inaugurated and take the official oath at twelve o'clock noon of the same day.

SECTION 3. That all acts or parts of acts inconsistent herewith are hereby repealed.

APPROVED-The 10th day of March, A. D 1875.

J. F. HARTRANFT.

No. 8.

AN ACT

To authorize the entering of compulsory non-suits.

SECTION 1. Be it enacted, &c., That whenever the defendant upon the trial of a cause in any court of common pleas of this commonwealth shall offer no evidence, it shall be lawful

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