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Section 3 of act of June 1st, 1883, repealed.

now authorized by law to sue in other cases for injuries caused by neglect of duty.

That section three of said act which reads as follows: "SECTION 3. That from and after the passage of this act the tenant or lessees of any building used for the purpose of manufacturing, hotel, boarding house, seminary, or other building, which is required by law to have fire escapes attached, and to which such fire escapes have not been erected after giving the landlord or his agent thirty days' notice to erect and maintain suitable fire escapes, and on his refusal or neglect to erect the same within the time specified in said notice, may erect and maintain suitable and legal fire escapes and collect the cost of erection and maintenance from the landlord or his agent, in an action the same as for debt, or may set off the cost thereof against rent then due or thereafter coming due," be and the same is hereby repealed.

APPROVED-The 3d day of June, A. D. 1885.

ROBT. E. PATTISON.

Section 1 of act of June 11, 1879, cited for amendment

Certain public buildings to be provided with permanent safe external fire escapes.

No. 42.
AN ACT

To amend an act, entitled "An act to provide for the better security of life and limb in cases of fire in hotels and other buildings," approved eleventh day of June, Anno Domini one thousand eight hundred and seventy-nine.

SECTION 1. Be it enacted, &c., That section one of said act which reads as follows: "That all the following described buildings within this Commonwealth, to wit: Every building used as a seminary, college, academy, hospital, asylum, or hotel for the accommodation of the public, every storehouse, factory, manufactory or work shop of any kind in which employés or operators are usually employed at work in the third or any higher story, every tenement house or building in which rooms or floors are usually let to lodgers or families, and every public school building, when any such buildings are three or more stories in height, shall be provided with a safe external means of escape therefrom in case of fire. And it shall be the duty of the owners or keepers, of such hotels, of the owners, superintendents or managers of such seminaries, colleges, academies, hospitals, asylums, storehouses, factories, manufactories or workshops, of the owners or landlords of such tenement houses or their agents, and of the board of school directors of the proper school districts, to provide and cause to be affixed to every such building such permanent fire escape," be amended so as to read as follows:

SECTION 1. That all the following described buildings within this Commonwealth, to wit: Every building used as a seminary, college, academy, hospital, asylum, or hotel

for the accommodation of the public, every storehouse, factory, manufactory or workshop of any kind in which employés or operatives are usually employed at work in the third or any higher story, every tenement house or building in which rooms or floors are usually let to lodges or families, every public hall or place of amusement, every parochial or public school building, when any of such buildings are three or more stories in heighth, shall be provided with a permanent, safe external means of escape therefrom, in case of fire independent of all internal stairways; the numher and location of such escapes to be governed by the size of the building, and the number of its inmates, and arranged in such a way as to make them readily accessible, safe and adequate for the escape of said inmates. Such escapes to consist of outside, open, iron stairway, of not more than forty-five degrees slant, with steps not less than six inches in width and twenty-four inches in length. And all of said buildings capable of accommodating from one hundred to five hundred or more persons as operatives, guests or inmates, shall be provided with two such stairways, and more than two stairways, if such be necessary to secure the speedy and safe escape of said inmates, in case the internal stairways are cut off by fire or smoke. And it shall be the duty of the owner or owners in fee or for life, of every such building, and of the trustee or trustees of every estate, association, society, college, seminary, academy, hospital, or asylum, owning or using any such building, and of the board of education or board of school direstors having charge of any such school building, to provide and cause to be securely affixed outside of every such building such permanent external unenclosed fire escape: Provided, That nothing herein contained shall prohibit any person whose duty it is under this act to erect fire escapes, from selecting and erecting any other and different devise, design or instrument, being a permanent, safe, external means of escape, subject to the inspection and approval of the constituted authorities for that purpose.

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June 11, 1879 cited for amendment.

That section two of said act which reads as follows: "It Section 2 of act of shall be the duty of the board of fire commissioners in conjunction with the fire marshal of the district, where such commissioners and fire marshal are elected or appointed, to first examine and test such fire escapes, and, after upon trial, said fire escape should prove satisfactory then the said fire marshal in connection with the fire commissioners, or a majority of them, shall grant a certificate approving said fire escape: Provided further, That in districts where no such fire marshal and fire commissioners exist, then the school directors in each said district shall be the board of examiners and upon their certificate or a majority of them of approval of said fire escape shall be sufficient authority for the erection of said fire escape in said district," be amended so as to read as follows:

Examination and approval of fire escapes, by fire commissioners and marshall.

If approved, certificate to be granted.

SECTION 2. It shall be the duty of the board of fire commissioners in conjunction with the fire marshall of the district where such commissioners and fire marshal are elected or appointed, to first examine and test such fire escape or escapes, and, after upon trial said fire escape or escapes should prove to be in accordance with the requirements of section one of this act, then the said fire marshal, in connection with the fire commissioners, or a majority of them, Effect of certificate shall grant a certificate approving said fire escape, thereby relieving the party or parties to whom such certificate is issued from the liabilities of fines, damages and imprisonment imposed by this act: Provided further, That in counties where no such fire marshal or fire commissioners exist, then the county commissioners in each said county shall be the board of examiners, and shall grant certificates of approval when escapes are erected in accordance with the requirements of section one of this act.

of approval.

County commissioners to be board

of examiners in cer

tain counties.

Section 3 of act of June 11, 1879, cited for amendment.

Neglect or refusal to comply with act declared a misde

meanor, punishable by fine or imprison

ment or both.

Liability for dama

ges sustained by

neglect or refusal to

provide proper fire escapes.

Criminal liability.

Penalty.

By whom such action may be maintained.

This act not to interfere with approved escapes now in use.

That section three of said act which reads as follows: "Every person whose duty it is by the first section of this act, to provide and cause to be affixed to any of said buildings such external fire escape, and every such school district, shall be liable in an action for damages, in case of death or personal injury sustained in consequence of fire breaking out in any such building, and of the absence of such efficient fire escape, and such action may be maintained by any person now authorized by law to sue in other cases of similar injuries. All persons failing to comply with the provisions of this act shall be liable to a penalty not exceeding three hundred dollars, ($300) to be collected as fines and forfeitures are now by law collectible," be ameneded so as to read as follows:

SECTION 3. That every person, corporation, trustee, board of education, and board of school directors, neglecting or refusing to comply with the requirements of section one of this act, in erecting said fire escape or escapes shall be liable to a fine not exceeding three hundred dollars, and also be deemed guilty of a misdemeanor punishable by imprisonment for not less than one month, or more than two months. And in case of fire occurring in any of said buildings in the absence of such fire escape or escapes, approved by certificate of said officials, the said person or corporations shall be liable in an action for damages in case of death or personal injuries sustained in consequence of such fire breaking out in said building, and shall also be deemed guilty of a misdemeanor punishable by imprisonment for not less than six months, nor more than twelve months; and such action for damages may be maintained by any person now authorized by law to sue as in other cases of similar injuries: Provided, That nothing in this act shall interfere with fire escapes now in use approved by the proper authorities.

APPROVED-The 3d day of June, A. D. 1885.
ROBT. E. PATTISON.

No. 43.

AN ACT

Making sales of seated and unseated lands for arrearages of taxss valid and effective, irrespective of the fact whether such lands were seated or unseated at the time of the assessment thereof.

SECTION 1. Be it enacted, &c., That all sales of seated or unseated lands within this Commonwealth which shall hereafter be made for arrearages of taxes due thereon, shall be held, deemed and taken to be valid and effective irrespective of the fact whether such lands were seated or unseated at the time of the assessment of such taxes: Provided, That nothing in this act contained shall validate or authorize the sale of any land which was in fact seated at the time of the assessment of the taxes thereon, in any case where there was sufficient personal property on the premises to pay all the taxes assessed thereon, liable under the laws of this Commonwealth to have been seized therefor. APPROVED-The 3d day of June, A. D. 1885.

ROBT. E. PATTISON.

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No. 44.

AN ACT

To provide that all moneys received from policies of insurance upou buildings of the State normal schools shall be held in trust for the repairing and rebuilding of said buildings, and for the payment of the proceeds of said insurance policies for that purpose.

SECTION 1. Be it enacted, &c., That all moneys received or that may hereafter be received by the Commonwealth from any insurance policy or policies upon buildings belonging to any of the State normal schools, shall be held by the State Treasurer in trust for the repairing and rebuilding of the part covered by such insurance policy or policies, under direction of the trustees of such normal school.

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evidence furnished

Upon satisfactory the board of public instruction of such building, warrant amount so expended.

repairing or re

to be drawn for

SECTION 2. When the trustees of any normal school, whose buildings, insured for the use of the State, have been in jured or destroyed by fire, shall have repaired or rebuilt the part covered by such insurance policy or policies, and shall satisfy the Board of Public Instruction consisting of the Governor, Attorney General and Superintendent of Public Instruction that the amount of insurance money received by the State has been expended on such repair or rebuilding, the Superintendent of Public Instruction shall draw his warrant in favor of said normal school for the amount of such insurance money or for such part thereof as the said Board of Public Instruction shall be satisfied has been expended on such repair or rebuilding, and the And to be paid out State Treasurer is authorized and required to pay said warrant out of the insurance money thus received. APPROVED-The 3d day of June, A. D. 1885.

ROBT. E. PATTISON.

Superintendent of

public instruction to draw warrant.

of insurance money

held in trust as aforesaid.

Conversion, misappropriation, or failure to pay over of any funds received

No. 45.

AN ACT

To punish defaulting tax collectors.

SECTION 1. Be it enacted, &c., That if any person charged with the collection, safe keeping, or transfer of any State,

by tax collectors de. County, township, school, city, borough, or municipal taxes,

clared and deemed

to be embezzlement.

under any law or laws of this Commonwealth, shall convert or appropriate the moneys so collected, or any part thereof, to his own use in any way whatever, or shall use by way of investment in any kind of property or merchandise any portion of the money so collected by him from such tax or taxes, and shall prove a defaulter or fail to pay over the same or any part thereof at the time or times, place or places, required by law and to the person or persons legally authorized to demand and receive the same, every such act shall be deemed and adjudged to be an embezzlement of so much of said money as shall be thus taken, converted, appropriated, embezzled, invested, used, or unaccounted for, which is hereby declared a misdemeanor; and every such tax collector and every person or persons whomsoever aiding or both for principals, abetting, or being in any way accessory to such act, and, being thereof convicted, shall be sentenced to an imprisonment not exceeding five years, or to pay a fine not exceed ing five thousand dollars, or both at the discretion of the court.

A misdemeanor, punishable by a fine or imprisonment,

and aiders or abettors.

APPROVED-The 3d day of June, A. D. 1885.

ROBT. E. PATTISON.

Repeal of act of
April 5th, 1819.

No. 46.

AN ACT

To repeal an act, entitled "An act to provide for the erection of a house for the employment and support of the poor in the county of Westmoreland," approved the fifth day of April, Anno Domini one thousand eight hundrod and forty-nine, and to bring the management of the said house of employment and support of the poor in said county under the provisions of the general law regulating poor houses, and for the support of the poor in the several counties of the Commonwealth, approved May eighth, Anno Domini one thousand eight hundred and seventy-six, and the supplement thereto, approved May eighteenth, Anno Domini one thousand eight hundred and seventy-eight, in so far as said act and its supplement are applicable to a house for the employment and support of the poor in said county.

SECTION 1. Be it enacted, &c., That the act of the General Assembly, entitled "An act to provide for the erection of a house for the employment and support of the poor in the county of Westmoreland," approved April fifth, Anno Domini one thousand eight hundred and forty-nine, be and the same is hereby repealed so as to bring the regulation, management and control of the said house for the employment and support of the poor, in said county, under the

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