Open season.

family Podicipidae, and generally known as wild water-fowl, except from the first day of September to the tenth day of April, next following; during which time, excepting on Sundays, such wild water-fowl, of all descriptions, may be killed without limit, either daily or otherwise. Each and every person who shall Fine and penalty. violate any of the provision of this section shall be liable to a penalty of ten dollars for each bird killed or taken, or suffer an imprisonment in the common jail of the county for a period of one day for each dollar of penalty imposed.

Unlawful use water-craft.

Penalty.

Forfeiture of

of

boats, guns, etc.

Game in possession in close season.

Section 2. It shall be unlawful to hunt or pursue any wild water-fowl, protected by law, from or with any craft propelled by any means other than oars, pole, or hand-paddles. Any person using such forbidden craft or boat for such purpose, or the captain or owner, or other person in charge, of such boat or craft, who shall allow or knowingly permit the same to be used contrary to the provisions of this section while he is on board, shall be liable to the penalties herein imposed. Each and every person who shall violate any provision of this section shall be liable to a penalty of fifty dollars per day for each day on which any forbidden craft or boat may be used to hunt or pursue wild water-fowl, and ten dollars for each other contrivance or device set, placed, or carried contrary to the provisions of law. All boats, decoys, guns, shooting paraphernalia, or other contrivances or devices of whatsoever description, used by any person or persons in violation of the provisions of this section, or in violation of any of the provisions of the game laws of this Commonwealth, shall, unless the fine imposed and costs be paid, be forfeited to the Board of Game Commissioners, who shall destroy or sell the same at their pleasure, and apply the fund thus arising to the purposes of their appointment.

Section 3. Any person may have in his possession, after the same has been legally killed in this Commonwealth, any game-bird of the kinds protected by this act, for a period of fifteen days after the time limit for killing the same has expired. The possession of the body or skin, or any part thereof, of a game-bird, at any time except during the open season for such Evidence of viola- game in this State, and fifteen days thereafter, shall in every instance be prima facie evidence that the same is held or possessed in violation of law: Provided, however, That the provisions of this section shall not apply to any game birds mounted for scientific purposes, or game birds killed in the open season and mounted for decorative purposes.

tion.

Proviso.

Summary conviction.

Section 4. Each and every magistrate, alderman, and justice of the peace of this Commonwealth shall have the power of summary conviction in all matters pertaining to the enforcement of any of the provis

Warrant.

Hearing.

Penalties.

Disposition of.

ions of this act; and all actions for violation of any of Actions. said provisions, excepting where the defendant is taken in the act or in a pursuit immediately following said act, shall be commenced by affidavit, made within one year of the time of the commission of such offense. Each and every magistrate, alderman, or justice of the peace, on complaint made before him by the affidavit of any person of a viclation of any of the provisions of this act by any person, is hereby authorized and required to issue his warrant, under his hand and seal, directed to any constable, police officer, game protector, deputy game protector, or any other peace officer of the State whose duty it is to protect the game or wild birds of the State; and to cause such person to be brought before him, the said magistrate, alderman or justice of the peace, who shall hear the evidence and determine the guilt or innocence of the person charged. If the accused be convicted of such offense, he shall be sentenced to pay the penalty prescribed by the section violated, together with the costs of suit. All penalties collected in cases where the prosecutor is a game protector shall be immediately surrendered by the court receiving the same to such prosecutor, who in turn shall, as soon as may be, either deliver or forward such amount to the secretary of the Game Commission, who shall deposit the same in the State Treasury for the use of the Commonwealth. Where any other than a game protector is the prosecutor, one-half of any penalty thus collected shall belong to such prosecutor, and shall be paid to him by the court receiving same; and the remaining one-half of such penalty shall be forwarded by such court to the county treasurer of the county in which the offense was committed, together with a statement of the cause for which said money was collected. It shall be the duty of each county treasurer Duty of county to keep a record of the cause for which said money was collected, and to forward the same, at least once a month, to the State Treasurer, for the use of the Commonwealth. Any defendant refusing to pay the pen- Refusal to pay alty imposed, together with the costs of prosecution, shall be committed to the common jail of the county, for a period of one day for each dollar of penalty imposed, unless he shall enter into good and sufficient recognizance, with one or more sureties, to answer such complaint, on a charge of misdemeanor, before the court of quarter sessions of the peace in and for the county in which the offense was committed; which said court, on the conviction of the defendant of such offense, and upon his failure to pay the penalty im posed, together with the costs of prosecution, shall commit such defendant to the common jail of the county for a period of one day for each dollar of penalty imposed: Provided, That any 5 Laws.

treasurers.

fine.

Commitment.

Proviso,

Receipt.

Repeal.

person charged with a violation of any provision of this act, may, at his discretion, sign an acknowledg ment of the offense committed, and pay to the duly authorized and sworn game protector or deputy game protector the penalty in full, as fixed by the section violated, with costs to that date; and the printed receipt which he shall receive therefor, and which in all instances shall bear the imprint of the seal of the Board of Game Commissioners and the signature of its secretary, shall be evidence of a full satisfaction of the offense committed

Section 5. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. APPROVED The 15th day of April, A. D. 1907. EDWIN S. STUART.

Insurance Department.

Inspectors.

Duties.

No. 58.

AN ACT

Authorizing the Insurance Commissioner to employ inspectors, and fixing their compensation.

Section 1. Be it enacted, &c., That from an after the passage of this act, the Insurance Commissioner shall be authorized to employ two inspectors, at an annual salary of fifteen hundred dollars ($1,500.00), and actual expenses incurred, to be paid monthly, as other employes of the Insurance Department are paid; whose duty it shall be, under the direction of the Insurance Commissioner, to investigate all violations of the Insurance Laws and report to the Commissioner, and perform such other duties as the Insurance Commissioner shall, from time to time, direct. APPROVED The 15th day of April, A. D. 1907.

EDWIN S. STUART.

Cities of the third class.

No. 59.

AN ACT

To amend section one of article one of an act, entitled "An act to amend section one, article one, of an act, entitled 'An act providing for the incorporation and government of cities of the third class,' approved May twenty-third, Anno Domini one thousand eight hundred and eighty-nine; providing for the submission of the question of incorporation of such city of the third class, by councils, upon the petition of a certain number of the qualified electors of the towns or boroughs embraced within the limits of the proposed city," approved the tenth day of April, Anno Domini one thousand nine hundred and five; providing for the submission of such question of the incorporation of such city of the third class, by the court of quarter sessions of the peace of the county wherein such proposed city is to be located, upon the petition of a certain number of the qualified electors of the towns and boroughs embraced within the limits of the proposed city, to the qualified electors, and the manner of voting thereon. Section 1. Be it enacted, &c., That section one, article one, of an act, entitled "An act to amend section

one, article one, of an act, entitled 'An act providing for the incorporation and government of the cities of the third class', approved May twenty-third, Anno Domini one thousand eight hundred and eighty-nine; providing for the submission of the question of incorporation of such city of the third class, by councils, upon the petition of a certain number of the qualified electors of the towns or boroughs embraced within the limits of the proposed city," approved the tenth day of April, Anno Domini one thousand nine hundred and five, which reads as follows:

"Section 1. Article one. Be it enacted, &c., That cities of the third class shall be chartered whenever a majority of the electors of any town or borough, or any two or more contiguous towns or boroughs, situated within the limits of the same county, and having together a population of at least ten thousand, according to the last preceding United States census, shall vote at any general election in favor of the same; and the councils or corporate authorities of any such town or borough, or of any such contiguous towns or boroughs, as the case may be, may, on their own motion or upon the petition of one hundred or more qualified electors thereof, shall, by resolution duly passed and recorded among the minutes, submit the question of whether any such town or borough, or whether any such contiguous towns or boroughs, shall become a city of the third class, to the qualified electors thereof; and shall give notice thereof during at least four weeks immediately prior to the next general election, in all of the newspapers published in said towns or boroughs, that such an election will be held; and at the said general election it shall be the duty of the inspectors and judges of elections within said towns or boroughs to receive tickets, either written or printed, from the electors thereof, qualified to vote by the Constitution of this State, labeled on the outside "city charter," and containing on the inside "for city charter" or "against city charter," and to deposit said tickets in a box to be provided for that purpose; and the tickets so received shall be counted, and a return thereof made to the clerk of the court of quarter sessions of the proper county and a duplicate return to the Secretary of the Commonwealth, each duly certified in the manner required by law; and in receiving, counting and making returns of the votes cast, the inspectors, judges and clerks of said election shall be governed by the laws of this Commonwealth regulating general elections; and all the electors, inspectors, judges and clerks, voting at and in attendance upon the elections to be held under the provisions of this act, shall be subject to the penalties imposed by the election laws of this Commonwealth," be and the same is hereby amended so as to read as follows:

Section 1, article 1905, cited for

1. act of April 10, amendment.

Chartering of

cities of the third class.

of quarter ses

sions.

Duty of county commissioners.

Section 1. Article one. Be it enacted, &c., That cities of the third class shall be chartered whenever the majority of the electors of any town or borough, or of any two or more contiguous towns or boroughs, situated within the limits of the same county, and having together a population of at least ten thousand, according to the last preceding United States census, shall vote at any general election in favor of the same; Duty of the court and it shall be the duty of the court of quarter sessions of the peace of the county within which such town or borough, or such contiguous towns or boroughs, shall be situated, upon the petition of one hundred or more qualified electors of such town or borough, or of such contiguous towns or boroughs, to submit the question of whether any such town or borough, or whether any such contiguous towns or boroughs, shall become a city of the third class, to the qualified electors thereof, at the next general election; and notice thereof shall be given during at least four weeks immediately prior to the next general election, in all of the newspapers published in said towns or boroughs; and the county commissioners shall cause to be printed on the official ballots for such general election, below the list of candidates, the words "For a city charter," followed by the words "Yes" and "No," with squares of sufficient size to the right of said words "Yes" and "No," as required by law; and the qualified voters of said towns and boroughs, qualified to vote by the Constitution of this State, shall at such general election mark in the square opposite the words "Yes" and "No," by a cross mark (X), his answer to the question submitted; and it shall be the duty of the inspectors and the judges of the election therein to receive such ballots, and the marks so made on them shall be counted, and a return thereof made to the clerk of the court of quarter sessions of the peace of the proper county, and a duplicate return to the Secretary of the Commonwealth, each duly certified in the manner required by law; and in receiving, counting, and making return of the votes cast, the inspectors, judges and clerks of said election shall be governed by the laws of this Commonwealth regulating general elections; and all the electors, inspectors, judges and clerks, voting at and in attendance upon the elections to be held under the provisions of this act, shall be subject to the penalties imposed by the election laws of this Commonwealth.

Election.

Duty of inspectors and judges.

Return of election.

APPROVED The 15th day of April, A. D. 1907.

EDWIN S. STUART.