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Lands within or along navigable rivers.

which have been declared public highways, should not be disposed of to individuals, but should remain permanently in the Commonwealth, as the best means for the protection of commerce and the securing of unobstructed navigation; therefore,

Section 1. Be it enacted, &c., That the act, approved the fifteenth day of July, Anno Domini one thousand eight hundred and ninety-seven, pamphlet laws, page three hundred and one, entitled “An act in relation to patenting lands, lying within or along navigable rivers," be and the same is hereby repealed. Approved–The 11th day of March, A. D. 1903.

SAML. W. PENNYPACKER.

Repeal.

No. 29.

AN ACT

Conferring upon persons employed, under existing laws, by

the Commissioner of Forestry, for the protection of State Forestry Reservations, after taking the proper oath of office, the same powers as are by law conferred upon constables and other peace officers; to arrest, without first procuring a warrant, persons reasonably suspected by them of offending against the laws protecting timber lands; also, conferring upon them similar powers for the enforcement of the laws and rules and regulations for the protection of the State Forestry Reservations, and for the protection of the game and fish contained therein; and further, conferring upon them power to convey said offenders into the proper legal custody, for punishment: this act to apply only to offences committed upon said reservations and lands adjacent thereto.

Section 1. Be it enacted, &c., That the persons em

ployed, under existing laws, by the Commissioner of marioner of For Forestry, for the protection of State Forestry Reserestry.

vations, shall, after taking the proper official oath be.

fore the clerk of the court of quarter sessions of any Powers vested in.

county of the Commonwealth, be vested with the same powers as are by existing laws conferred upon constables and other peace officers: to arrest on view, without first procuring a warrant therefor, persons detected by them in the act of trespassing upon any forest or timber land within this Commonwealth, under such circumstances as to warrant the reasonable suspicion that such person or persons bave committed, are committing, or are about to commit, some offence:

or offences against any of the laws now enacted or Forest and timber hereafter to be enacted for the protection of forests land.

and timber lands. Such officers shall likewise be vested with similar powers of arrest, in the case of offences against the laws or the rules

State Forestry

and regulations enacted or to be enacted for the protection of the State Forestry Reservations, or for Reservations. the protection of the fish and game contained therein: Provided, That the above mentioned rules and regula. Proviso, tions shall have been previously conspicuously posted upon the reservation. Said officers shall further be empowered, and it shall be their duty, immediately upon any such arrest, to take and convey the offender or offenders before a justice of the peace or other magistrate having jurisdiction, for hearing and trial, or other due process of law: Provided further, That this Proviso. act shall extend only to the case of offences committed Limitation. upon said Forestry Reservations and lands adjacent thereto; and the powers herein conferred upon said officers shall not be exercised beyond the limits there. of, except where necessary for the purpose of pursuing and arresting such offenders, or of conveying them into the proper legal custody, for punishment, as aforesaid.

Section 2. All acts or parts of acts inconsistent here. Repeal. with be and the same are hereby repealed. Approved-The 11th day of March, A. D. 1903.

SAML. W. PENNYPACKER.

No. 30.

AN ACT

Providing the security to be given or tendered by the several

cities of this Commonwealth, in the taking, appropriation, or injury of lands and property for any public use or purpose authorized by law.

Section 1. Be it enacted, &c., That in all cases where the several cities of this Commonwealth are or shall cities. be required by law to give or tender security in the taking, appropriation, or injury of lands and property, where the same is being acquired for any authorized public use or purpose, the said security may be the Bond of, is se

curity. bond of the proper city, and be given and tendered without surety or sureties: Provided, however, That Proviso. if it shall appear to the proper court or a law judge thereof, when the said bond is presented for approval, that the power of taxation in the respective city is not sufficient security, the said court or law judge may require the said city to give or tender bond with surety or sureties.

Surety. Approved--The 11th day of March, A. D. 1903.

JAML. W. PENNYPACKER.

No. 31.

AN ACT

To validate acknowledgments, affidavits or other notarial acts,

heretofore taken or performed by notaries public who were also, at the same time, justices of the peace.

Section 1. Be it enacted, &c., That all acknowledg. ments, affidavits, or other notarial acts, heretofore taken or performed by notaries public of this State, who were at the same time justices of the peace, other

wise in conformity with the requirements of the law, Validating no shall be valid to all intents and purposes, as if the tarial acts of justices of the peace. same had been taken or performed by notaries public

of this Commonwealth who were not, at the same time,
justices of the peace: Provided, however, That no case
heretofore judicially decided or now pending shall be
affected by this act.
Approved–The 11th day of March, A. D. 1903.

SAML. W. PENNYPACKER.

Proviso.

No. 32.

AN ACT

Making it a misdemeanor for a husband or father to desert and

neglect to support his wife or children; prescribing a penalty therefor, and making the wife a competent witness in such

cases.

"Children" defined.

"Separation'' defined.

Section 1. Be it enacted, &c., That as used in this act the word “children" shall be limited to mean children under sixteen years of age, and also such children over sixteen and under twenty-one years of age as, by reason of infirmity, are incapable of supporting themselves; and further, that "separation," within the meaning of this act, shall include every case where a husband has caused his wife to leave him by conduct on his part which would be ground for divorce.

Section 2. If any husband or father, being within the limits of this Commonwealth, shall hereafter separate himself from his wife or from his children, or from wife and children, without reasonable cause, and shall wilfully neglect to maintain his wife or children, such wife or children being destitute, or being dependent wholly or in part on their earnings for adequate support, he shall be guilty of a misdemeanor; and on conviction thereof be sentenced to imprison. ment not exceeding one year, and to pay a fine not exceeding one hundred dollars, or either, or both, at

Neglect to maintain.

Fine and penalty.

order of court.

the discretion of the court; such fine, if any, to be paid or applied in whole or in part to the wife or children, as the court may direct.

Provided, That no such conviction, payment of fine, Proviso. or undergoing imprisonment shall, in any manner, affect the obligation of any order for support theretofore made against the defendant in the court of quarter sessions, in the manner now provided by law: And Provided further, That upon conviction, the court may Proviso. suspend sentence, upon and during compliance by the Compliance with defendant with any order for support theretofore made against him, as already made or as may there. after be modified, in the manner now provided by law; and if no such order shall have been made, then the court trying the defendant may make such order for the support by the defendant of his wife and children, or either of them, which order shall be subject to modification by the court on cause shown, and may suspend sentence, upon and during the compliance by defendant with such order then made or as thereafter modi. fied and entry of bond by defendant, with surety ap- Bond. proved by the court, conditioned on compliance with such order.

Section 3. In any proceedings under this act the The wife a comwife shall be a competent witness.

petent witness. Approved-The 13th day of March, A. D. 1903.

SAML. W. PENNYPACKER.

No. 33.

AN ACT

Making it lawful for the cities of the second class of this Commonwealth, and authorizing and empowering said cities, to purchase and hold land, not included within the corporate limits of the said cities, but being wholly within the county in which said city or cities may be situate, for the purpose of erecting and maintaining thereon hospitals for the treatment of contagious and infectious diseases.

Section 1. Be it enacted, &c., That it shall be lawful for the cities of the second class of this Common Cities of the secwealth, and they are hereby authorized and empow. ond class. ered, to purchase and hold land, not included within Purchase of land

for hospital purthe corporate limits of the said cities, but being wholly poses. within the county in which said city or cities may be situate, for the purpose of erecting and maintaining thereon hospitals for the treatment of contagious and infectious diseases. Approved—the 16th day of March, A. D. 1903.

SAML. W. PENNYPACKER.

No. 34.

AN ACT

Unlawful to kill or capture beaver.

Fine.

Imprisonment.

Prima facie evidence.

To prohibit the capture or killing of beaver within the Com

monwealth of Pennsylvania, and providing penalties for the violation of its provisions.

Section 1. Be it enacted, &c., That from and after the passage of this act, it shall be unlawful to kill or capture, or to attempt to kill or capture, any beaver within this Commonwealth.

Section 2. Any person violating any of the provisions of this act shall be liable to a penalty of one hundred dollars for each offense; or, in default of the payment thereof, with the costs of prosecution, to undergo an, imprisonment, in the jail of the county where the offense is committed, of one day for each dollar of penalty imposed; and the possession of any beaver, or of the fresh skin or any portion of the fresh skin or carcass of such animal, shall be prima facie evidence of a violation of this act by the person or persons in whose possession the same shall have been found.

Section 3. For the purposes of this act, the beaver shall be classed as game in this Commonwealth; and it is hereby made the duty of all officers of the State, entrusted with the protection of game, to see that the provisions of this act are enforced. All prosecutions for violation of the provisions of this act shall be brought, and the course of proceeding followed, as prescribed by section twelve of an act, entitled “An act to provide for the protection and preservation of game, game quadrupeds, game birds, et cetera,” approved the fourth day of June, Anno Domini one thousand eight hundred and ninety-seven. Approved-The 17th day of March, A. D. 1903.

SAML. W. PENNYPACKER.

Beaver classed as "game."

Duty of game wardens, etc.

Prosecutions.

No. 35.

AN ACT

Regulating the filing of reports of viewers, or juries of view,

appointed by the courts of this Commonwealth to assess damages and benefits for the taking, injury or destruction of private property in the construction or enlargement of public works, highways or improvements.

Section 1. Be it enacted, &c., That viewers, or juries of view, appointed by any court of this Commonwealth to assess the damages and benefits, due to the taking,

Vjewers, or juries of view.

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