CL. CASHIERS OF BANKS NOT TO ENGAGE IN ANY OTHER OCCUPATION. PENALTY FOR.

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Act 16 April, 1850, Sec. 10, P. L., 482.—. . . . It shall not be lawful for the cashier of any bank to engage in any other profession, occupation or calling, either directly or indirectly, than that of the duties appertaining to the office of cashier, and if any cashier of a bank shall directly or indirectly engage in the purchase and sale of stocks, or in any other profession, occupation or calling other than that of his duties of cashier, such cashier, upon conviction thereof in any court of criminal jurisdiction, shall be sentenced to pay a fine not exceeding five hundred dollars: Provided, that this section shall not be construed in such manner as to prevent any cashier from managing his own real estate or private property as heretofore, if such private property be not vested in mercantile, mechanical or manufacturing operations. ED. NOTE.-See also section 64, Act 31 March, 1860, P. L., 399.

CLI. VIOLATIONS OF AUCTION LAWS BY AUCTIONEERS OR OTHERS PUNISHABLE BY INDICTMENT.

Act 24 February, 1847, Sec. 2, P. L., 164.—The mode of proceeding against any person for a violation of any of the provisions of the laws relating to auctions and auctioneers, shall be by indictment in the Court of Quarter Sessions of the proper county; and whenever complaint shall be made to any justice of the peace, or alderman of the proper county or city, on oath or affirmation, against any person for violating the provisions of the same, it shall be his duty to issue a warrant for the apprehension of such person and compel him to enter a recognizance, with sufficient sureties for his appearance at the next Court of Quarter Sessions of the proper county, to answer the said complaint; and any person being thereof duly convicted, shall pay a fine of not less than three hundred nor more than one thousand dollars for each and every offence, at the discretion of the court, together with the costs of prosecution; one-third of which fine shall go to the use of the person or persons lodging the information, and the residue shall be for the use of the Commonwealth.

CLII. PENALTY FOR ACTING AS AUCTIONEER WITHOUT BEING COMMISSIONED IN THE CITY OF PHILADELPHIA OR COUNTY OF ALLEGHENY.

Act 9 April, 1859, Sec. 9, P. L., 437.-Any person or persons found guilty of selling at auction or public outcry in the city of Philadelphia or county of Allegheny, except a duly commissioned auctioneer, shall be deemed guilty of a misdemeanor, and upon conviction thereof in the Court of Quarter Sessions of the peace of said city or county, be sentenced to pay a fine of five hundred dollars, one-half to go to the informer and the other half to go to the public school fund of the city or district wherein the offence was committed; and for the second offence he shall be sentenced to pay a like fine and undergo an imprisonment in the county jail for thirty days, the fine to be applied as in the first offence.

CLIII. LICENSED AUCTIONEERS IN PHILADELPHIA AND AL LEGHENY COUNTY TO HAVE BUT ONE AUCTION STORE.

Act 9 April, 1859, Sec. 10, P. L., 437.-No auctioneer in the city of Philadelphia or county of Allegheny, shall, at the same time, have more than one house or store for the purpose of holding an auction; and every auctioneer in said city or county shall designate, in writing, such house or store, and also his partner or partners, if any, engaged with him in his said business, which said writings shall be deposited by such auctioneer with the recorder of deeds of the proper city or county; and no auctioneer shall expose to sale, by public auction or vendue, in said city or county, any goods, wares or merchandise, or effects whatsoever, at any other places than in the said houses and stores respectively to be designated as aforesaid, except goods, wares or merchandise which shall be sold in the original package in which they are imported, domestic dry goods in original package as they come from the manufacturers, stocks of dry-goods, groceries, cabinet furniture, crockery and glassware, at the warehouses or stores of the owners, the removal of which to the auction stores would be attended with risk and expense to the owners, goods of persons deceased or of persons who are bona fide declining business, household furniture, musical instruments, live-stock, carriages and such

like articles as have been usually sold at auction in warehouses or in public streets or wharves, or sales authorized by the courts of said city or county, or in consequence of any legal proceeding whatever. And if any auctioneer in said city or county shall enter upon the execution of his office or shall permit any person to act in his behalf, without designating his said house or store, or his partner or partners, if any, in the manner and form herein prescribed, or shall hold any auction at any other than the place so designated, except for the sale of the articles hereinbefore excepted, he shall be deemed guilty of a misdemeanor, and on conviction shall be fined in a sum not exceeding three hundred dollars, and it shall be the duty of the court before whom such conviction is had, to transmit forthwith a report thereof to the governor of the Commonwealth, who is hereby authorized in his discretion, to inhibit the person so convicted from acting as an auctioneer so long as such inhibition shall continue.

Wood v. Commonwealth, 12 Sergt. & Rawle, 215.-Under the Act of March 29, 1824, an auctioneer is liable to indictment for keeping a separate establishment for the sale of household furniture apart from his registered auction store.

CLIV. LICENSED AUCTIONEERS IN PHILADELPHIA AND ALLEGHENY COUNTY SHALL NOT BE CONNECTED IN BUSINESS WITH COMMISSION MERCHANTS, NOR FARM OUT THEIR OFFICE.

Act 2 April, 1822, Sec. 7, 7 Sm. 595.-It shall not be lawful for any auctioneer to associate with him in any manner whatever, a commission merchant who shall derive profit or advantage from the sale of any goods at auction, or farm out the office to another, nor derive profit or advantage from any sales by auction that are not personally superintended by himself or his known clerk; [nor shall any auctioneer hold sales at the store of any other person following the business of receiving furniture or goods, for the purpose of selling them by auction, nor at any place but his known sale-room, except it be furniture or goods at the dwellinghouse or store of the owner, cargoes on board vessels or landed on the wharves, or stored in the warehouses of the owners of such goods] under the same forfeitures which are imposed by the sixth section of this act: Five hundred dollars for the first offence, one thousand for the second.

CLV. PERSONS HOLDING LANDS BY LEASE OR OTHERWISE, ON WHICH CANADA THISTLE GROWS, SHALL CUT IT AND PREVENT IT FROM GOING TO SEED.

Act 22 March, 1862, Sec. 1, P. L., 164.—It shall be the duty of every person or persons, and of every corporation holding lands in this Commonwealth, either by lease or otherwise, on which any Canada thistles or weed commonly known as Canada thistle may be growing, to cut the same, so as to prevent such weeds or thistles from going to seed, and the seed of the same from ripening; and any person or persons, or corporation as aforesaid, who shall or may have land as aforesaid, in the said counties, and who shall neglect or refuse to comply with the provisions of this act, shall forfeit and pay a fine of fifteen dollars, onehalf to the county treasurer, and the other half to the use of the person suing for the same (who shall be a competent witness to prove the facts), to be recovered as other debts of the like amount before any justice of the peace or in any court of record in said county.

CLVI. TO PREVENT THE ADULTERATION OF MILK, AND PREVENT THE TRAFFIC IN IMPURE AND UNWHOLESOME MILK.

Act 25 May, 1878, Sec. 1, P. L., 144.-Any person or persons, who shall knowingly sell or exchange, or expose for sale or exchange, any impure, adulterated or unwholesome milk, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not less than twenty dollars for each and every offence, and if the fine be not paid, shall be imprisoned for not less than fifteen days or until said fine shall be paid.

Act 25 May, 1878, Sec. 2, P. L., 144.-Any person who shall adulterate milk, with the view of offering the same for sale or exchange, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not less than ten dollars for each and every offence, and if the fine be not paid, shall be imprisoned for not less than eight days or until said fine is paid.

Act 25 May, 1878, Sec. 3, P. L., 144.-Any person or persons who shall, in any cities, boroughs and villages, having a population of one thousand inhabitants and upwards, engage in

or carry on the sale, exchange or traffic in milk, shall have the carriage or vehicle from which the same is vended conspicuously marked with his, her or their names, also indicating the locality from whence said milk is obtained or where produced; and that for every neglect of such marking, the person or persons so neglecting shall be subject to the penalties provided for in section second of this act.

Act 25 May, 1878, Sec. 4, P. L., 144.-For marking wagons or vehicles, so as to convey the idea that said milk is procured from or produced in a different locality than it really is, the person or persons so offending shall be subject to a fine of fifty dollars, or imprisonment not less than thirty days, or both, at the discretion of the court.

Act 25 May, 1878, Sec. 5, P. L., 144.-The addition of water or of ice to the milk, is hereby declared an adulteration; that any milk obtained from animals fed on distillery waste or any substance in a state of putrefaction, is hereby declared to be impure and unwholesome.

CLVII. FIXING THE STANDARD WEIGHT FOR A BUSHEL OF BITUMINOUS COAL.

Act 18 May, 1878, Sec. 1, P. L., 67.-The standard weight of bituminous coal in this Commonwealth shall be seventy-six pounds to the bushel, and two thousand pounds shall be one ton.

Act 18 May, 1878, Sec. 2, P. L., 67.-If any person or persons engaged in the business of mining bituminous coal shall fix or establish, or shall attempt to fix or establish, any other number of pounds by agreement or contract to be a bushel of bituminous coal, than as is provided for in the first section of this act, such person or persons shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not less than five hundred and not exceeding one thousand dollars, and all penalties recovered under this act shall be paid into the treasury of the State.

Act 18 May, 1878, Sec. 3, P L., 67.-All acts or parts of acts inconsistent with this act are hereby repealed.