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No. 191.

AN ACT

to

Providing for the payment of liquor license money to schooldistricts, in townships in which the roads shall be made and repaired by taxpayers pursuant to the act of twelfth of June, Anno Domini ne thousand eight hundred and ninety-three, and its supplements.

Section 1. Be it enacted, &c., That in townships Townshipe. where the roads shall be made and repaired by taxpayers, under contract with the township, pursuant to the provisions of the act of twelfth June, Anno Domini one thousand eight hundred and ninety-three, and its supplements, the proportion of liquor license Payment of liquor money by existing laws made payable to such town. in certain cases. ships, and any and all money derived from same source, now in the hands of the township treasurer, or in the hands of any person or persons for the use of the town. ship or townships, shall be paid, during the time the roads are thus or were made and repaired, to the treasurer of the school-district of such township, for school purposes: Provided, That if any such township Proviso. shall contain one, or more than one, independent school-district, the license money due said township shall be divided among all the school districts thereof, every district receiving the proportion of license money that its assessed valuation of taxable property bears to the assessed valuation of such property in the entire township.

Section 2. All laws or parts of laws inconsistent Repeal. herewith are hereby repealed. Approved—The 22d day of April, A. D. 1903.

SAML. W. PENNYPACKER.

No. 192.

AN ACT

Regulating the sale or prescription of cocaine, or of any patent or proprietary remedy containing cocaine, and prescribing penalties for the violation thereof.

Section 1. Be it enacted, &c., That no person shall sell, furnish or give away any cocaine, or any patent Cocaine, or proprietary remedy containing cocaine, except upon the prescription of a registered practicing physician, or of a dentist, or of a veterinarian; nor shall any such prescription be refilled; nor shall any physician, den- Sale or prescrip

tion of, regulated. tist or veterinarian prescribe cocaine, or any patent

Proviso.

Violation,

or proprietary remedy containing cocaine, for any person known to such physician, dentist or veterinarian to be an habitual user of cocaine: Provided, That the provisions of this act shall not apply to persons engaged in the wholesale drug trade, regularly selling cocaine to persons engaged in the retail drug trade.

Section 2. Any person violating any of the provisions of this act shall be sentenced to pay a fine of not more than one hundred dollars, and undergo an imprisonment of not more than six months, or both, or either. at the discretion of the court. Approved—The 22d day of April, A. D. 1903.

SAML, W. PENNYPACKER.

Fine and penalty.

No. 193.

AN ACT

one

Record of Penn-
sylvanians in
Philippine and
China Wars.

To provide for the preparation and publication of the names and

records of enlistments of Pennsylvanians in the Philippine and China wars, one thousand eight hundred and ninetyeight, one thousand eight hundred and ninety-nine, thousand nine hundred, one thousand nine hundred and two, and making an appropriation for the clerical wo in connection therewith.

Section 1. Be it enacted, &c., That the Adjutant General shall, as soon as practical after the passage of this act, prepare for publication a record containing the names of all soldiers and sailors from Pennsylvania who served in the Philippine and China wars, as shown by the muster-in and muster-out rolls on file in the United States War and Navy Departments. The records shall give, as far as possible, the name, residence, date of enrollment, rank, promotions, date of death or discharge, and such other information as may be obtainable by the Adjutant General.

Section 2. Four thousand copies of said record shall be printed by the State Printer, on order given by the Adjutant General, and shall be distributed as foi. lows: To each member of the Senate, twenty copies; to each member of the House of Representatives, ten copies; to the State Librarian, four hundred copies; and fifty-six copies each to the Governor, the Secretary of the Commonwealth, the Auditor General, the State Treasurer, the Attorney General, the Secretary of Internal Affairs, the Secretary of Agriculture, the Commissioner of Banking, the Commissioner of Insurance, and the Adjutant General.

Section 3. For the purpose of the payment of the necessary expenses and clerical work, to carry into ef

Publication of.

Distribution.

ated.

fect the provisions of this act, the sum of three thou- $3,000 approprio sand dollars is hereby appropriated, to be paid by the State Treasurer on the warrant of the Adjutant General drawn upon the State Treasurer, and countersigned by the Auditor General. Approved—The 22d day of April, A. D. 1903.

SAML, W. PENNYPACKER.

No. 194.

AN ACT

Salary of the

Fixing the salary of the State Treasurer of Pennsylvania.

Section 1. Be it enacted, &c., That from and after the first Monday in May, Anno Domini one thousand State Treasurer. nine hundred and four, the salary of the State Treasurer shall be eight thousand dollars per annum. Approved—The 22d day of April, A. D. 1903.

SAML. W. PENNYPACKER.

No. 195.

AN ACT

Service of certain

To amend clause ten of section one of an act, approved the ninth day of July, Anno Domini one thousand nine hundred and one, entitled "An act relating to the service of certain process in actions at law, and the effect thereof, and providing who shall be made parties to certain writs.”

Section 1. Be it enacted, &c., That clause ten of section one of an act, approved the ninth day of July, Anno Domini one thousand nine hundred and one, entitled “An act relating to the service of certain pro- process. cess in actions at law, and the effect thereof, and providing who shall be made parties to certain writs," which reads:

"The plaintiff in any writ of ejectment, in any writ Clause 10, section of summons to recover upon a ground-rent deed, or act of July 9, to recover any sum charged upon real property by will amendment. or deed, in any writ of scire facias sur mortgage, or in any writ to charge particular land with the pay. ment of a particular debt running with the land, shall file with his praecipe an affidavit, setting forth, to the best of his knowledge, information and belief, who are the real owners of the land charged, or in the ao

tion of ejectment are claimants thereof, as the case may be, and all such persons shall be made parties to the writ, which shall then be served by the sheriff as follows:

“(a) By adding to the writ and serving, as in the case of a summons, all persons other than those named in the writ, who may be found in possession of said land or any part thereof; or, if no one be found in possession thereof, then by posting a true and attested copy of the writ on the most public part of said property; and,

"(b) By serving, as in the case of a summons, such of those named in the writ as may be found in the county in which the writ issues; and,

"(c) By serving, as in the case of a summons, such of those named in the writ as may be found in any other county of the Commonwealth, by the sheriff thereof, who shall be deputized for that purpose by the sheriff of the county in which the writ issues; and,

"(d) By mailing a true and attested copy of the writ, in a registered letter, to such of those named in the writ as cannot be served within the Commonwealth.

“But if the plaintiff in his affidavit filed shall aver that he does not know, and has not been able to ascertain, the owners or claimants of the property, or their addresses, or the names or addresses of some of them, then service upon the persons in possession of the property, or posting in default thereof, and service as above set forth upon those who can be served, and two returns of nihil habet as to the rest of those named in the writ, shall constitute a full service of such writ," be and the same is hereby amended so as to read as follows:

The plaintiff in any writ of ejectment, in any writ of summons to recover upon a ground-rent deed, or to recover any sum charged upon real property by will or deed, in any writ of scire facias sur mortgage, or in any writ to charge particular land with the payment of a particular debt running with the land, or some person on his behalf, shall file with his praecipe an affidavit, setting forth, to the best of his knowledge, information and belief, who are the real owners of the land charged, or in the action of ejectment are claimants thereof, as the case may be; and all such persons shall be made parties to the writ, which shall then be served by the sheriff as follows:

(a) By adding to the writ and serving, as in the case of a summons, all persons, other than those named in the writ, who may be found in possession of said land or any part thereof; or, if no one be found in possession thereof, then by posting a true and attested copy of the writ on the most public part of said property; and,

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(b) By serving, as in the case of a summons, such of Service. those named in the writ as may be found in the county in which the writ issues; and,

(c) By serving, as in the case of a summons, such of those named in the writ as may be found in any other county of the Commonwealth, by the sheriff thereof, who shall be deputized for that purpose by the sheriff of the county in which the writ issues; and,

(d) By mailing a true and attested copy of the writ, in a registered letter, to such of those named in the writ as cannot be served within the Commonwealth.

But if the plaintiff, or some person in his behalf, in an afiidavit filed shall aver that he does not know, and has not been able to ascertain, the owners or claimants of the property, or their addresses, or the names or addresses of some of them, then service upon the persons in possession of the property, or posting in default thereof, and service as above set forth upon those who can be served, and two returns of nihil habet as to the rest of those named in the writ, shall constitute a full service of such writ.

Provided, however, That nothing herein contained shall Proviso. in any wise alter or affect the practice and manner of service upon the original covenantor, provided by the first section of the act, approved April eighth, one thousand eight hundred and forty, nor shall anything herein contained in any wise alter or affect the ancient practice of service upon the original mortgagor, by two returns of nihil habet.

Section 2. The provisions of section one of this act, as now amended, shall be held applicable to all actions, Application of this suits and proceedings heretofore commenced or insti. tuted, not actually prosecuted to final judgment, as well to all such actions, suits and proceedings as shall be commenced or instituted. Approved–The 23d day of April, A. D. 1903.

SAML, W. PENNYPACKER.

act.

No. 196.

AN ACT

To validate certain judgments and titles to real estate, notwith

standing a failure to comply with all the requirements of the tenth clause of section one of an act, approved the ninth day of July, Anno Domini one thousand nine hundred and one, entitled "An act relating to the service of certain process in actions at law, and the effect thereof, and providing who shall be made parties to certain writs."

Whereas, doubts have arisen as to the true intent Preamble. and meaning of the tenth clause of section one of an

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