SECTION 2. Every sale of such article or substance, which is prohibited by the first section of this act, made after this act shall take effect, is hereby declared to be unlawful and void, and no action shall be maintained in any of the courts of this State to recover upon any contract for the sale of any such article or substance. Sale of such butter and cheese declared unlawful and void. Actions to enforce sales cannot be contracts for such maintained. Penalty of $100.00 sale of such butter for manufacture or or cheese. How recoverable SECTION 3. Every person, company, firm or corporate body who shall manufacture, sell or offer or expose for sale, or have in his, her or their possession with intent to sell, any substance, the manufacture and sale of which is prohibited by the first section of this act, shall, for every such offense, forfeit and pay the sum of one hundred dollars, which shall be recoverable with costs by any person suing and to whom payin the name of the Commonwealth as debts of like amount able. are by law recoverable; one-half of which sum, when so recovered, shall be paid to the proper county treasurer for the use of the county in which suit is brought, and the other half to the person or persons at whose instance such a suit shall or may be commenced and prosecuted to recovery. SECTION 4. Every person, who violates the provisions of the first section of this act, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than one hundred dollars, nor more than three hundred, or by imprisonment in the county jail for not less than ten nor more than thirty days, or both such fine and imprisonment for the first offense, and imprisonment for one year for every subsequent offense. SECTION 5. It shall be the duty of constables of the several cities, boroughs, wards and townships of this Commonwealth, to make quarterly reports under oath to the courts of quarter sessions of all violations of any of the provisions of this act which may come or be brought to their notice, and it shall be the duty of the judges of the said courts to see that the said returns are made regularly and faithfully. SECTION 6. This act shall take effect on the first day of APPROVED-The 21st day of May, A. D. 1885. ROBT. E. PATTISON. Violation of act deemed a misde meanor. Penalty for first offense. Penalty for subse quent offense. Constable to make quarterly reports to courts of all viola tions. Judges to see that ports constables make re Act takes effect July 1st, 1885. Repeal. No. 26. AN ACT To permit defendants to testify in all criminal cases. SECTION 1. Be it enacted, &c., That in the trial of all indictments, complaints and other proceedings triable in any court of criminal jurisdiction within this Commonwealth, against persons charged with the commission of misdemean Defendants may, quest, testify in all on their own re criminal cases. Neglect, omission not to create any presumption, nor to be commented upon by counsel. or ors or felonies, of whatever grade, the person so charged, shall, at his own request, but not otherwise, be deemed a or refusal to testify competent witness, but his or her neglect, omission refusal to testify, shall not create any presumption against him or her, nor shall any reference be made to, nor shall any comment be made upon, such neglect, omission or refusal by counsel in the case during the trial of the cause. SECTION 2. That all acts or parts of acts inconsistent herewith are hereby repealed. Repeal. APPROVED-The 21st day of May, A. D. 1885. ROBT. E. PATTISON. Deeds and conveyances of lands within this state made No. 27. AN ACT Confirmatory of the conveyances of real estate. SECTION 1. Be it enacted, &c., That all deeds and conveyances of lands within this Commonwealth, heretofore made and executed under and executed and duly recorded in the county where the lands therein conveyed lie, under the authority of any last will and testament, by the executor or executors thereof, or trustee or trustees named in said will, the said will having been duly proved, and letters testamentary granted as prescribed by the laws of the State of which the testator was a citizen at the time of his death, shall, upon the recording of a copy of said last will, duly certified as prescribed by of said last will and acts of Congress, in the office of the register of wills in the and by virtue of any duly certified copy testament. county where the lands conveyed lie, be held to have the same force and effect to pass and convey the estate that was in the testator at the time of his decease, and intended to be conveyed by the deed or conveyance, as if such will had Form of such deeds been duly proved and letters testamentary thereon granted within this Commonwealth: Provided, That all such deeds APPROVED-The 28th day of May, A. D. 1885. No. 28. AN ACT Authorizing the councils of the city of Philadelphia to revise a portion of the wharf lines on the river Delaware. WHEREAS, By the twenty-eighth section of the act of As- Preamble No. 1. sembly of the Commonwealth of Pennsylvania, approved the second day of February, Anno Domini one thousand eight hundred and fifty-four, (P. L. 37), it was enacted, that "It shall be the duty of the said councils (of the city of Philadelphia), after the requisite surveys and soundings shall have been made to fix lines beyond which no warf or pier shall be constructed," which lines were duly fixed by an ordinance of said councils, approved December four, one thousand eight hundred and fifty-six. And whereas, By the first section of the act of Assembly Preambie No. 2. of the Commonwealth of Pennsylvania, approved April ninth, one thousand eight hundred and sixty-seven, (P. L. 962), it was enacted, that the "Select and common councils of the city of Philadelphia are hereby authorized to revise so much of the wharf line on the river Delaware, as lies between the navy yard and the Point House, as was fixed by ordinance of council, approved December four, one thousand eight hundred and fifty-six, under authority of act of Assembly, approved February two, one thousand eight hundred and fifty-four," which lines have been revised by virtue of ordinances of the councils of said city, passed persuant to the last recited act of Assembly. And whereas, The United States Government has pre- Preamble No. 3. pared plans for the permanent improvement, at government expense, of the Delaware river, with the view of attaining a minimum depth of water of twenty-six feet from the city of Philadelphia to the sea, which plans embody a revision of the present line beyond which no wharf or pier shall extend or be built, commonly called Port Warden's line, above Ann street in the Twenty-fifth ward of Philadelphia, and below Dickinson street in the First ward of said city, which change, while it will bring the line at the localities mentioned nearer the shore, will not effect the present line in front of the built-up portions of the city, nor interfere with any vested rights. And whereas, The revision of said line is not only proper Preamble No. 4. as a measure of co-operation with the government of the United States in its efforts to improve the navigation of the Delaware river, but, according to the advice of the board of harbor commissioners of the port of Philadelphia, and the board of Port Wardens of Philadelphia, is absolutely demanded as means of preventing a further deflection of the channel of the river toward the Jersey shore, because of the building of wharves and piers at too great a distance from the Pennsylvania shore. Preamble No. 5. Councils authorized to revise and establish wharf or pier lines on the Delaware river. Location within which revision of lines is authorized to be made. And whereas, The powers conferred on the councils of the city of Philadelphia by virtue of the above-recited acts of Assembly have been fully exercised and exhausted; Therefore, SECTION 1. Be it enacted, &c., That the select and common councils of the city of Philadelphia be and they are hereby authorized to revise and establish so much of the line beyond which no wharf or pier shall extend or be constructed on the river Delaware, in front of the city of Philadelphia, as lies below the prolongation of the line of the north side of Dickinson street, in the First ward of the city of Philadelphia, and above the prolongation of the line of the east side of Ann street, in the Twenty-fifth ward of the said city, as was fixed by ordinances of councils under authority of the twenty-eighth section of the act of Assembly, approved February second, eighteen hundred and fiftyfour, (P. L. 37), and the first section of the act of Assembly of the Commonwealth of Pennsylvania, approved the ninth day of April, one thousand eight hundred and sixty-seven, (PL 962). APPROVED The 28th day of May, A. D. 1885. ROBT. E. PATTISON. Act repealed as to Supplement repealed. No. 29. AN ACT To repeal an act and its supplements, relating to roads in Penn township, Chester county. SECTION 1. Be it enacted, &c., That the act of Assembly passed and approved the twelfth day of February, Anno Domini one thousand eight hundred and fifty-nine, entitled "An act relative to the opening and making of new roads and building of bridges in the township of West Marlborough, in the county of Chester, and relative to repairing the roads in said township." and the supplement extending the same, approved the eighth day of March, Anno Domini one thousand eight hundred and sixty, entitled "An act relating to roads in certain townships in Center county," be and the same are hereby repealed, so far as the same relate to the township of Penn, in said county. APPROVED- The 28th day of May, A. D. 1885. ROBT. E. PATTISON. No. 30. AN ACT Supplementary to an act, entitled "An act to protect children from neg. lect and cruelty, and relating to their employment, protection and adoption," approved the eleventh day of Juue, one thousand eight hundred and seventy-nine, providing for the further protection of minors, and regulating the boarding and maintaining of infant children for hire. Taking a female child under the age the purpose of. prostitution, &c., or enticing such child into a house of ill-fame &c., deemed a misde meanor. SECTION 1. Be it enacted, &c., That any person who takes a female child under the age of sixteen years for the purpose of prostitution or sexual intercourse, or, without the consent of her father, mother, guardian or other person having legal custody of her person, for the purpose of marriage, or who enveigles or entices any such minor female child into a house of ill-fame, or of assignation, or elsewhere, for the purpose of prostitution or sexual intercourse, shall, in every such case, be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to imprisonment at Punishment preseperate or solitary confinement at labor for not more than five years, or pay a fine not exceeding one thousand dollars, or both, at the discretion of the court. scribed. Private parties en gaged in the busi ness of boarding and keeping infants unage, cannot receive infants, unless in der three years of more than two such this section. conformity with SECTION 2. Any person, other than an institution duly incorporated for the purpose, who shall engage in the business of receiving, boarding or keeping infant children, under the age of three years for hire or reward, who shall receive or take for such purpose more than two such children without legal commitment, or without having first obtained a license in writing so to do from the mayor of the town or a justice of the peace or magistrate of the locality wherein such child is to be received, boarded or violation of this kept, shall be guilty of a misdemeanor, and upon convic-section deemed a tion thereof, shall be sentenced to pay a fine not exceeding one hundred dollars. SECTION 3. It shall and may be lawful for the mayor of any city or town, or any justice of the peace or magistrate of the locality, within which any child is to be received, boarded or kept as specified in section two, at his discretion, to issue a license to any person applying therefor for the purposes specified in section two of this act, upon the payment of a fee of one dollar for the use of the county, which license shall be revocable at all times by the court of quarter sessions or any judge thereof upon cause shown. It shall be lawful for any member or officer of the State Board of Charities, or the board of health of the locality wherein such license is issued, or any duly authorized officer of any incorporated society for the protection of children from cruelty, at all reasonable times, to enter and inspect the premises wherein any such children are boarded, received or kept. SECTION 4. Any proprietor or any person in charge of any lance house, concert saloon, theatre, museum, or similar misdemeanor, pun ishable by a fine not exceeding $100.00. Mayor or justice of license to engage in boarding and keeping such infants. the peace may issue the business of License fee, one the county. License may be rejudge. dollar, for use of voked by court or Board of public health, may enter and inspect prem charities, or of ises. |