their nets: Provided, The fish so taken shall be returned alive to the stream.

CLXXII. FISHING NEAR COLUMBIA DAM, OR OBSTRUCTING PASSAGE OF FISH, PROHIBITED.

Act 11 June, 1879, Sec. 3, P. L., 155.-It shall not be lawful for any person or persons to fish with any kind of nets or seines, or any other method of entrapping fish, except with rod, hook and line, within one-fourth of a mile of the Columbia dam, or any part of the said dams in which the said fish-ways are constructed, in any manner, or by any device hinder or obstruct the free approach to and passage through and over the said fish-ways of any such fish; and any person or persons so offending, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars, onehalf to the informer and the other half for the use of the county wherein such conviction is had, and undergo an imprisonment for a term of not less than six months or more than two years, or both, or either, at the discretion of the court.

Act 11 June, 1879, Sec. 4, P. L., 155.—It shall not be lawful for any person or corporation using said dam, to obstruct the said fish-ways, without the consent of the fish commissioners, either for the purpose of raising the water in the pools of the said dam or any other purpose; and any such obstructions shall be deemed nuisances, and may be abated by any citizen or fish warden or water bailiff of this Commonwealth; and any such person or corporation so offending shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars, one-half to the informer and the other half for the use of the county wherein such conviction is had, and suffer an imprisonment for a term of not less than six months or more than three years, or either, or both, according to the discretion of the court under the circumstances of the case; and when the nuisance shall be in existence, at the time of the conviction and sentence, it shall be lawful for the court to direct either the defendant, any fish warden, or the sheriff of the proper county, at the expenses of the defendant, to abate the same.

CLXXIII. PUBLIC ROADS.

1. Phillips v. Commonwealth, 1863, 8 Wright, 199.-" Neglect to keep in repair the public roads in any municipal district, is a violation of a public duty, and is punishable by indictment at common law."

2. A contractor, under the Act of 19 January, 1860, failing to maintain a road in good condition is indictable.

3. The act is constitutional.

1. Edge v. Commonwealth, 1847, 7 Barr, 276.-" Not opening a highway, or refusing and neglecting to keep it in repair, is an injury to the public, and is indictable as a public or common nuisance."

2. The averment in the indictment touching the supervisors was, "that they were duly elected by the qualified voters of East Caln Township, and took upon themselves the office of supervisors," etc. This was objected to as an insufficient averment. Held, The objection not well founded.

3. The fourth error assigned is, that neglecting to open, mend, and repair, cannot be joined in the same count. Held, As the duties of opening and repairing are joined in the Act of 1836, we see no objection to joining them in the description of the offence in the indictment. The word mend is merely surplusage.

CLXXIV. NOTE GIVEN FOR PATENT RIGHT, MUST HAVE WRITTEN ON ITS FACE, "GIVEN FOR A PATENT RIGHT.” PENALTY.

Act 12 April, 1872, Sec. 1, P. L., 60.—Whenever any promissory note or other negotiable instrument shall be given, the consideration for which shall consist in whole or in part of the right to make, use or vend any patent invention or inventions, claimed to be patented, the words, "given for a patent right," shall be prominently and legibly written or printed on the face of such note or instrument, above the signature thereto; and such note or instrument, in the hands of any purchaser or holder, shall be subject to the same defences as in the hands of the original owner or holder.

Act 12 April, 1872, Sec. 2, P. L., 60.-If any person shall take, sell or transfer any promissory note or other negotiable instrument, not having the words, "given for a patent right," written or printed legibly and prominently on the face of such note or instrument, above the signature thereto, knowing the consideration of such note or instrument to consist, in whole or in part, of the right to make, use or vend any patent invention or inventions claimed to be patented, every such person or persons shall be

deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not exceeding five hundred dollars, or imprisoned in the county jail, not exceeding sixty days, or both, in the discretion of the court.

CLXXV. OBSTRUCTING INSPECTORS, PENALTY FOR.

Act 15 April, 1835, Sec. 197, P. L., 422.—Every person who shall obstruct or hinder any inspector in making search for any articles liable to his inspection, or shall otherwise oppose or molest him in the due and lawful exercise of his powers or execution of his duties, shall be punishable as for a misdemeanor, by a fine not exceeding five hundred dollars, or by imprisonment not exceeding one year, or by both, at the discretion of the court having jurisdiction of the offence. See Commonwealth v. King, 1 Wh., 448.

CLXXVI. INSPECTORS TAKING ILLEGAL FEES, PENALTY FOR.

Act 15 April, 1835, Sec. 201, P. L., 423.-If any person whose fees are fixed by this act, shall take, by color of his office or occupation, by custom, or under any other pretence whatsoever, any other or greater fees for services performed in pursuance of this act, than are hereby allowed, he shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall pay a fine of fifty dollars, one-half for the use of the Commonwealth, and the other half for the use of the person injured.

CLXXVII. COCK-FIGHTING, GAMING, ETC.

Act 12 March, 1830, Sec. 1, P. L., 80.-If any person or persons, shall cause to fight any cock or cocks, for money or any other valuable thing, or shall promote or encourage any match or matches of cock-fighting, by betting thereon, every such person so offending, shall, upon conviction thereof before any mayor's court, or Court of Quarter Sessions of the proper city or county, forfeit and pay the sum of forty dollars, for every such offence, one-half thereof to the use of the informer, and the other half to the use of the poor of the proper city or county in which poorhouses have been or may be erected, and when no poorhouse shall

be erected, to the use of the poor of the city, borough or township in which the offence shall be committed; and in default of payment of the fine aforesaid, the offender shall be committed to prison, for any period not exceeding thirty days, at the discretion of the court before which the conviction shall take place: Provided further, That such information shall be made within fortyeight hours after the commission of the offence.

TITLE F.

OFFENCES AGAINST THE PERSONS OF INDIVIDUALS.

XVIII. Assault, with intent to com- XXVIII. A misdemeanor to prevent