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of Wayne, from the falls thereof to the Dyberry forks, and thence up the Dyberry branch and west branch to the great falls of the respective branches, be and the same is hereby declared a public highway for the passage of rafts, boats and other vessels, and it shall be lawful for the inhabitants and others desirous of using the navigation of the said river, to remove all natural and artificial obstructions which may be in the same, excepting dams for mills, and other water works, and also to erect such slopes at the mill dams now built in the said river as may be necessary for the passage of rafts, boats and other vessels: Provided, Such slopes be so constructed as not to injure the works of said dams: And provided also, That any person or persons owning or possessing lands on said river shall have liberty to construct any dam or dams across the same, agreeably and subject to all the restrictions and provisions of an act of the General Asembly of this Commonwealth, passed the twenty-third day of March, one thousand eight hundred and three, entitled, 'An act to authorize any person or persons owning lands adjoining navigable streams of water declared public highways to erect dams upon such streams for mills and other water works,'" be and is hereby repealed so far as the same relates to the said river from the said falls thereof up to the dam therein opposite the guard lock of the Delaware and Hudson canal, in Texas township in the said county of Wayne.

APPROVED-The 5th day of June, A. D. 1885.

ROBT. E. PATTISON.

Orders and decrees of court of equity or orphans' court for payment of money may be

No. 53.

AN ACT

Relative to the transfer of orders and decrees for the payment of money for the purpose of lien and execution into other counties than those where they were originally rendered.

SECTION 1. Be it enacted, &c., That all definitive orders and decrees for the payment of money hereafter to be rendered in any suit or proceeding instituted after the passage transferred to other of this act, by the court of common pleas of any county, of this Commonwealth, sitting as a court of equity, or by any orphans' court, shall be transferable to the corresponding court of any other county, in like manner as judgments at law may now be transferred and with the same effect with respect to lien and execution.

counties with like force and effect as judgments at law.

APPROVED-The 5th day of June, A. D. 1885.
ROBT. E. PATTISON.

No. 54.

AN ACT

Making an appropriation for a temporary hospital at Plymouth, in the county of Luzerne.

SECTION 1. Be it enacted, &c., That the sum of five thousand dollars is hereby appropriated, out of any moneys in the State Treasury not otherwise appropriated, to be applied to the maintenance of a temporary hospital at Plymouth, Luzerne county.

SECTION 2. That the money appropriated by this act immediately after its passage shall be paid by the State Treas urer to Peter Shupp, treasurer of the said Plymouth hospital.

APPROVED-The 10th day of June, A. D. 1885.

ROBT. E. PATTISON.

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No. 55.

AN ACT

Enabling the judges of the courts of quarter sessions, oyer and terminer and general jail delivery, of this Commonwealth, to sentence prisoners convicted for jail breaking, or attempting to break jail, to the peniten. tiary, and to add to said sentence for jail breaking, or attempting to break jail, the remainder of the term which the said prisoner was serving at the time of his or her sentence.

SECTION 1. Be it enacted, &c., That from and after the passage of this act, it shall be lawful for the judges of the courts of oyer and terminer, quarter sessions and general jail delivery of this Commonwealth, to sentence any pris oner who may be convicted of jail breaking or attempting to break jail, to the proper penitentiary for said offense, and to add to said sentence for jail breaking, or attempting to break jail, a further sentence to the said penitentiary for the remainder of the term which the said prisoner was serving at the time of his or her escape.

SECTION 2. Whenever a sentence to the penitentiary for the remainder of a term of imprisonment as aforesaid shall be imposed by the judges of the aforesaid courts, said sentence shall release the prisoner on whom it may be imposed from serving the remainder of the term which he or she was serving in such prison at the time of his or her escape. APPROVED-The 10th day of June, A. D. 1885. ROBT. E. PATTISON.

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Preamble No. 1.

Name of corporators.

Residence.

Title.

Operations limited.
Powers.

Risks.

Mutual principal.

Preamble No. 2.

Secretary of the commonwealth authorized and directed to publish in pamphlet laws.

No. 56.

AN ACT

To supply the want of publication of an act approved May first, Anno
Domini one thousand eight hundred and sixty-one, incorporating the
Sugar Valley Mutual Fire Insurance Company, of Clinton county.

Whereas, A certain act of the General Assembly of the Commonwealth of Pennsylvania, entitled, "An act to incorparate the "Sugar Valley Mutual Fire Insurance Company, of Clinton County," was duly approved by the Governor of the said Commonwealth, on the first day of May, Anno Domini one thousand eight hundred and sixty-one, said bill being number four hundred and ninety-six, among the Senate bills of said year, and said approval appearing in the Senate Journal for the special session of the year one thousand eight hundred and sixty-one, page forty-nine, and the House Journal for the same special session, page fifty-one, which act reads as follows namely:

"SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That Christian Greib, Jacob Spangler, John Heckman, junior, David Marks, Robert Kleckner. of Logan township, Daniel K. Heckman, George H. Bogar, Philip Wohlfart, Joseph Calwell, G. W. Gable, William A. Murray, George Brumgart, and John B. Schrack, of Green township, in Clinton county, are hereby appointed commissioners who, or a majority of them, are authorized and empowered, from and after the passage of this act, to establish an insurance company, by the name and style of the Sugar Valley Mutual Fire Insurance Company, of Clinton county, to be located in the town of Logansville, in said county, and limited in its operation to the townships of Logan and Greene, which said company shall be organized and managed according to the provisions of an act to provide for the incorporation of insurance companies, approved the second day of April, one thousand eight hundred and fiftysix, and shall be limited to the risks designated in the first class of the seventh section of said act, and shall transact, its business upon the mutual principle."

"ELISHA W. DAVIS,

Speaker of the House of Representatives."

"JOHN P. PENNEY,

Speaker of the Senate pro tempore."

"Approved the first day of May, Anno Domini one thou sand eight hundred and sixty one.

"A. G. CURTIN,"

And whereas the foregoing act was inadvertently omitted to be published among the pamphlet laws of this Commonwealth, therefore, Be it enacted &c., That the Secretary of the Commonwealth be, and he is hereby, authorized and re quired to publish, or cause to be published, the said act of

C

Assembly as above set forth, in the pamphlet laws of this Commonwealth, for the year one thousand eight hundred and eighty-five.

APPROVED-The 10th day of June, A. D. 1885.

ROBT. E. PATTISON.

No. 57.

AN ACT

Authorizing boroughs to supply, and to make contracts for, supplying water outside the limits of said boroughs.

SECTION 1. Be it enacted, &c., That whenever any borough of this Commonwealth, is authorized by law to erect and maintain water works for supplying water within the limits of such borough, it shall and may be lawful for the authorities of any such borough, whenever they may deem it advisable so to do, to supply and to make contracts, for supplying water for ordinary and domestic uses to corporations, property owners, lessees or occupants outside the limits of such borough, at water rates not less than those required to be paid by property owners within the limits of such borough: Provided, That nothing herein contained shall conflict with the corporate rights of any water company, or of the rights of the municipal authorities, of any other borough. APPROVED-The 10th day of June A. D. 1885.

ROBT. E. PATTISON.

Boroughs authortracts for supplying

ized to make con

water outside of borough limits.

Rates to be same as side of boroughs. Corporate rights with.

those charged in

not to be interfered

No. 58.

AN ACT

To prevent the establishment of joints, booths, or other places, for the smoking or other use of opium.

SECTION 1. Be it enacted, &c., That if any person shall set up or establish, or cause to be set up or established, in any house, room, outhouse, tent, booth, arbor or other place whatsoever, any apparatus or device, or instrument whereby opium may be smoked or used in any manner whatsoever by other persons, or if any person shall procure, permit, suffer or allow persons to collect and assemble in his house, room, outhouse, booth, tent, arbor or other place whatsoever under his control, for the purpose of smoking opium, or of using opium in any manner, or if the owner, tenant, lessee or occupant of any house, room, outhouse, tent, booth, arbor or other place whatsoever, shall lease, hire or rent the same, or any part thereof, to be used and occupied or employed for the purpose of smoking opium, or of using opium in any way or manner by other persons, the persons so offending in either of the enumerated cases, shall be guilty of a 6 LAWS.

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bility of owners of property upon re

that opium is used on their premises.

Keeping or exhibiting devices for using opium declared a misdemeanor.

misdemeanor, and on conviction be sentenced to pay a fine not exceeding five hundred dollars, and undergo an imprisonDuty and responsi- ment not exceeding one year. The owner of such house, room, outhouse, tent, booth, arbor or other place whatsoever, ceiving information who shall have received information that any such smoking, or use as aforesaid, is in or upon the said premises, and shall not within ten days thereafter, cause complaint to be made against the person who has set up or established the same, shall be deemed and held to have knowingly leased. hired or rented the premises for the said unlawful purposes. If any person shall keep or exhibit any apparatus, device or instrument for the smoking of opium, or of using opium in any way or manner, by other persons, or aid or assist or permit others to do the same, such persons shall be deemed guilty of a misdemeanor, and, upon conviction thereof, be sentenced to an imprisonment not exceeding one year, and to a fine not exceeding five hundred dollars. If any person shall be found in any house, room, outhouse, tent, arbor or other place whatsoever, set up or established as aforesaid, smoking opium or using opium in any way or manner, or in any way or manner aiding, assisting, abetting or permitting the smoking of opium, or the use of opium in the way or manner as aforesaid, such person, so offending, shall be guilty of a misdemeanor, and upon conviction thereof, be sentenced to an imprisonment not exceeding one year, and to a fine not exceeding five hundred dollars.

Penalty.

Frequenting house, room &c., used for

opium purposes declared a misdemeanor.

Penalty.

Solicitation &c., to visit such places declared a misdemeanor.

Penalty.

Warrant to issue on complaint made.

Power and duty of officer under warrant.

Power and duty of magistrate.

If any person shall, through solicitation, invitation or device, persuade, or prevail on, any person to visit any room, building, arbor, booth, shed or tenement, or other place kept for the purpose of the smoking of opium, or of using opium in any way or manner, such person shall be deemed guilty of a misdemeanor, and, upon conviction thereof, be sentenced to pay a fine not exceeding five hundred dollars, and undergo an imprisonment not exceeding one year.

If an affidavit be made and filed before any magistrate, before whom complaint has been made of the commission of either of the crimes provided against in the preceding sections, setting forth that the affiant has reason to believe, and does believe, that the person charged in such complaint has, upon his person or at any other place named in said affidavit, any opium device, apparatus or instrument, the discovery of which might lead to establish the truth of such charge, the said magistrate shall, by his warrant, command the officer, who is authorized to arrest the person so charged, to make diligent search for such opium device, apparatus or instrument, and if found, to bring the same before such magistrate, and the officer so seizing shall deliver the same to the magistrate before whom he takes the prisoner, who shall retain possession, and be responsible therefor, until the discharge, commitment or letting to bail of the person so charged, after which such officer shall retain such opium device, apparatus or instrument subject to the order of the court before which such offender may be required to ap

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