the proper county, and, on conviction thereof, shall be punished by a fine not exceeding two hundred dollars and the costs of prosecution.

1. Rauch v. Commonwealth, 1875, 28 P. F. Smith, 493.-In this case, "the true question is whether the right to a brewer's license, under former laws, was repealed by the Local Option Act of 1872, and its supplement of 1873, Pamph. L., 1872, p. 49; Pamph. L., 1873, p. 39. This has been settled by the decision of this court in the case of the Comm. v. Muller, Legal Intel., March 6th, 1874, p. 78."

By the express terms of the 3d section of the Act of 27 March, 1872, and the 7th section of the Act of 6 March, 1874, licenses for the sale of malt, as well as of other intoxicating liquors, were forbidden in every county in which the law went into operation.

"Rauch claims his license as not prohibited at all. His claim rests not on the Act of 1866, but on the former laws providing for licenses to brewers. These former laws are repealed by the Local Option Law wherever it operates."

2. "These indictments set forth no former conviction for selling liquors contrary to law, yet the court, upon its own knowledge of its records, sentenced the defendants to imprisonment in the county jail as upon a conviction of a second offence." Held, To be error.

CXXXIII. A MISDEMEANOR FOR A MINOR TO FALSELY REPRESENT HIMSELF TO BE OF AGE, FOR THE PURPOSE OF OBTAINING INTOXICATING LIQUORS.

Act 10 May, 1881, Sec. 1, P. L., 12.-Any person, under the age of twenty-one years, who shall knowingly and falsely represent himself to be twenty-one years of age to any licensed innkeeper, restaurant keeper or other person, for the purpose of procuring, or having furnished to him, by sale, gift or otherwise, any intoxicating liquors, shall be guilty of a misdemeanor, and, upon conviction thereof in any Court of Quarter Sessions, shall be sentenced to pay a fine of not more than twenty dollars, or undergo an imprisonment in the county jail for a period not exceeding thirty days.

CXXXIV. A MISDEMEANOR TO FALSELY REPRESENT A MINOR TO BE OF FULL AGE, IN ORDER TO OBTAIN INTOXICATING LIQUORS.

Act 10 May, 1881, Sec. 2, P. L., 13.-Any person who shall knowingly, wilfully and falsely represent, to any licensed innkeeper, restaurant keeper or other person, any minor to be of full

age, for the purpose of inducing any such licensed inn-keeper, restaurant keeper or other person, to sell or furnish any intoxicating liquors to said minor, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not more than twenty dollars, or undergo an imprisonment in the county jail for a period not exceeding thirty days, or both, or either, at the discretion of the court.

CXXXV. A MISDEMEANOR TO KEEP, MAINTAIN OR PERMIT THE GAME OF POOL, OR OTHER GAME OF CHANCE, FOR DRINKS OF VINOUS AND OTHER LIQUORS.

Act 1 June, 1881, Sec. 1, P. L., 37.-If the proprietor, keeper, lessee or manager of any saloon, hotel, tavern, inn, billiard-room or other place of resort or entertainment, shall keep, maintain or permit to be played upon his premises, or in connection therewith, or having passage or communication to or with the same, the game or amusement of pool with balls, or any other game of chance, the result or price of forfeiture of payment, in any form, of such game or amusement, shall be by drinks of vinous, spirituous, malt, or brewed liquors, or any admixtures thereof, he or she shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced, for the first offence, to pay a fine of one hundred dollars, and to undergo an imprisonment of not less than ninety days, and for the second offence, to pay a fine of five hundred dollars, and to undergo an imprisonment of not less than one year; and any license, granted for the keeping of such saloon, hotel, tavern, inn, billiard-room, or other place of resort or amusement, shall, upon such second conviction, be declared null and void, by the court in which the said second offence shall be tried.

CXXXVI. INJURIOUS AND IMPURE MATERIALS PROHIBITED IN MANUFACTURE OF ALE, BEER AND LIQUORS, ETC.

Act 2 June, 1881, Sec. 1, P. L., 43.—Any and all persons engaged in the business of brewing or mauufacture of ale, beer or other malt liquors, or in the fermentation, distillation or manufacture of any vinous or spirituous liquors, be and they are hereby prohibited making use, in or about such business, or in any such process of brewing, fermentation, distillation or manufacture, of

any poisonous or deleterious drugs or chemicals, or any impure or injurious materials, such as are prejudicial to the public health, or to the health of any person drinking or making use of any such malt, vinous or spirituous liquors.

Act 2 June, 1881, Sec. 2, P. L., 43.-That the use of any such poisonous or deleterious drugs or chemicals, or impure or injurious materials, or of those prejudicial to health, as are prohibited by the first section of this act, is hereby declared to be misdemeanor, and any person, convicted of so using the same, shall be punished by a fine of one thousand dollars, and by an imprisonment of not more than one year.

CXXXVII. BREAD TO BE SOLD BY THE POUND AVOIRDUPOIS. PENALTY FOR SELLING OTHERWISE.

Act 1 April, 1797, Sec. 2, 3 Sm., 295.—All loaf bread made for sale within this Commonwealth, shall be sold by the pound. avoirdupois; and every baker or other person offering the same for sale, shall keep at his or her house, or at such other place at which he or she shall at any time offer or expose for sale any such bread, sufficient scales and weights, lawfully regulated, for the purpose of weighing the same; and if any baker or other person shall sell or offer for sale any loaf-bread, in any other manner, the contract respecting the same shall be void; and the person offending against this act shall, on conviction, forfeit and pay the sum of ten dollars for every such offence, one-half to the use of the informer, and the other half to the use of this Commonwealth; and it shall be the especial duty of the clerk of the market, in any place where such officer is appointed, to discover and prosecute all persons offending against this act.

CXXXVIII. BLACK-OAK BARK SHALL NOT BE EXPORTED WITHOUT INSPECTION. PENALTY FOR.

Act 15 April, 1835, Sec. 152, P. L., 415.-If any person shall export or lade for exportation from the port of Philadelphia any ground black-oak bark before the same shall have been inspected and approved as merchantable by the officer appointed for purpose, such person shall forfeit and pay twenty dollars for every cask so exported or laden, one-half to the use of the person

that

who shall prosecute therefor, and the other half for the use of the Commonwealth.

Act 15 April, 1835, Sec. 153, P. L., 415.-If any person shall return on any cask a lighter tare than its actual weight, such person shall forfeit and pay the sum of twenty dollars for every such cask, one-half for the use of the person who shall prosecute therefor, and the other half for the use of the Commonwealth.

CXXXIX. COMPANIES INCORPORATED BY THE LAWS OF OTHER STATES SHALL NOT ESTABLISH IN THIS COMMONWEALTH BANKS OR OFFICES OF DISCOUNT AND DEPOSIT. Act 28 March, 1808, Sec. 2, 4 Sm., 537.-No company incorporated by the laws of any other of the United States shall be permitted to establish within this Commonwealth, any banking-house, or office of discount and deposit; and all and every person or persons who shall, in violation of this act, be concerned in any such establishment, on conviction thereof in any court of justice within this State, shall, for every such offence, forfeit and pay for the use of the same the sum of two thousand dollars; and the private estates of such person or persons offending as aforesaid shall be liable for the payment of such forfeiture.

CXL. CIRCULATION OF SMALL NOTES OF OTHER STATES FORBIDDEN, AND HOW PUNISHABLE.

Act 16 April, 1850, Sec. 49, P. L., 494.-In addition to the civil penalties imposed for a violation of the provisions of the last preceding section [section 48, Act 16 April, 1850, inhibiting the issue, paying out, exchange, circulation, transfer of any banknote, note, bill, certificate, or acknowledgment of indebtedness, purporting to be a bank-note, or nature, or appearance of a banknote, or calculated for circulation as a bank-note, or purporting to be issued by any bank or incorporated company, not located in Pennsylvania, of a less denomination than five dollars], every person who shall violate the provisions of that section, shall be taken and deemed to have committed a misdemeanor, and shall, upon conviction thereof in any criminal court in this Commonwealth, be find in any sum not less than one dollar, and not more than one hundred dollars; and the several Courts of Quarter

Sessions shall, in their charges to the grand jury, call their attention to this subject; and it shall be the duty of the several grand juries to make presentment of any person within their respective counties, who may be guilty of a violation of the provisions of the last preceding section [48, Act of 1850], and it shall be the duty of the several constables and other peace officers within this Commonwealth, to make information against any person guilty of such violation, and they shall be sworn so to do: Provided, That it shall not be necessary, in any civil suit or criminal prosecution under this section, and the last preceding section, to produce, in evidence, the charter of any bank, or articles of association of any company not located in this State.

CXLI. WEEKLY STATEMENTS OF BANKS TO BE PUBLISHED.

Act 13 October, 1857, Sec. 2, P. L. of 1858, 612.-In addition to all statements and returns, now required by law, each and every bank in the cities of Philadelphia, Pittsburgh and Allegheny, shall, on the first discount day in January next, and weekly thereafter, and every other bank in this Commonwealth, on the same day, and monthly thereafter, make up a statement, to be verified by the oath or affirmation of the president or cashier thereof, showing: 1. The amount of its loans and discounts.

2. The amount of specie in the possession of and owned by such bank, and the balance due from other banks, in distinct items.

3. The amount of its notes outstanding.

4. The amount of deposits, including individual deposits and balances due to other banks.

Which statement shall be published in the next succeeding issue of a newspaper of the county in which the bank is located, or if there be no newspaper in such county, then in a newspaper of some neighboring county, and any violation of this law, or failure to comply with its provisions by any president or any cashier of any bank, shall be a misdemeanor, and each of the said officers shall, upon conviction thereof, be punished by a fine of not less than five hundred dollars, nor more than one thousand dollars, at the discretion of the court; one-half to be given to the prosecutor, and one-half to the county in which such bank is located.