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No. 72.

АN АСУГ

Bridges, when counties may aid in building of.

To amend an act, entitled "An act to amend an act of Assembly approved the eleventh day of June, Anno Domini one thousand eight hundred and seventy-nine, entitled 'A supplement to the act of Assembly approved the thirteenth day of June, Anno Domini one thousand eight hundred and thirty-six, relative to roads and bridges, to authorize county commissioners to build bridges, or furnish money to aid in building bridges, the erecting of which would require more expense than it is reasonable one or two adjoining townships should bear, in cases where the county commissioners do not deem it advisable to enter such bridges on record as county bridges,'” approved the twenty-fifth day of May, one thousand eight hundred and eighty-seven; further authorizing county commissioners to build bridges or furnish money to aid in building bridges or portions thereof, in cities of the third class, the erecting of which would require more expense than is reasonable for said cities of the third class should bear, in cases where the county commissioners do not deem it advisable to enter such bridges on record as county bridges.

Section 1. Be it enacted, &c., That an act, entitled "An act to amend an act of Assembly approved the eleventh day of June, Anno Domini one thousand eight hundred and seventy-nine, entitled 'A supplement to the act of Assembly approved the thirteenth day of June, Anno Domini one thousand eight hundred and thirty-six, relative to roads and bridges, to authorize county commissioners to build bridges, or furnish money to aid in building bridges, the erecting of which would require more expense than it is reasonable one or two adjoining townships should bear, in cases where the county commissioners do not deem it advisable to enter such bridges on record as county bridges,'” approved the twenty-fifth day of May, Anno Domini one thousand eight hundred and eighty-seven, which provides as follows:

“That when a river, creek or rivulet, over which it may be necessary to erect a bridge, crosses a public road or highway, and the erecting of such bridge requires more expense than it is reasonable that one or two adjoining townships should bear, that after a view has been ordered by the proper court, as now provided by law, if it shall appear, by the report of the viewers and by the approval of the court and grand jury, that such bridge is necessary, and would be too expensive for such township or townships to bear, that whenever the county commissioners do not deem it advisable to enter such bridge on record as a county bridge, but shall consider it proper to assist such town. ship or townships in building the same, they are here. by authorized and empowered, from and out of the county funds, to either build such bridge, or any portion or portions thereof, or to furnish such township or townships the whole or part of the money necessary

Act of May 25, 1887. cited for amendment.

of bridges.

to build it, without entering such bridge on record as a county bridge,” be amended so as to read as follows:

That when a river, creek or rivulet, over which it may be necessary to erect a bridge, crosses a public may aid townroad or highway, and the erecting of such bridge re- the third class of quires more expense than it is reasonable that one or the construction two adjoining townships, or a city of the third class, should bear, that after a view has been ordered by the proper court, as now provided by law, if it shall appear, by the report of the viewers and by the approval of the court and grand jury, that such bridge is necessary, and would be too expensive for such township or townships, or such city of the third class, to bear, that whenever the county commissioners do not deem it advisable to enter such bridge on record as a county bridge, but shall consider it proper to assist such town. ship or townships, or such city of the third class, in building the same, they are hereby authorized and empowered, from and out of the county funds, to either build such bridge or any portion or portions thereof, or to furnish such township or townships, or such city of the third class, the whole or part of the money necessary to build it, without entering such bridge on Not to be entered record as a county bridge.

county bridge. Section 2. That all acts or parts of acts inconsistent herewith be and the same are hereby repealed. Approved—The 27th day of March, A. D. 1903.

SAML. W. PENNYPACKER.

of record as a

Repeal.

No. 73.

AN ACT

To amend an act, entitled "An act in relation to the sale, use

and disposition of butts, hogsheads, barrels, casks or kegs, used by the manufacturers of malt liquors," approved the fourth day of April, Anno Domini one thousand eight hundred and sixty-five; and extending the provisions thereof to the sale, use, and disposition of milk-cans, milk-bottles and milk-jars, butter-boxes, ice-cream cans, and ice-cream tubs.

Section 1. Be it enacted, &c., That section one of an act, entitled “An act in relation to the sale, use and disposition of butts, hogsheads, casks or kegs, used by the manufacturers of malt liquors," approved April fourth, one thousand eight hundred and sixty-five, which reads as follows:

"Section 1. That any person or persons, engaged in section is act of the manufacture of malt liquor, for sale, in butts, hogg. for amendment. heads, barrels, half-barrels, casks, half-casks, quartercasks or kegs, with his, her or their name or names, or

Manufacturers of

persons owning milk-cans, icecream cans, etc.

Description of names, marks.

Publication.

other private marks, respectively, branded or stamped thereon, may tile in the office of the prothonotary of the county, in which such articles shall be manufactured, a description of the names used, and other private mark or marks, to be branded or stamped there. on, and shall cause the same to be published, once a week, for six weeks successively, in a newspaper, published in such county, and in the city of Philadelphia, where such publications shall be made, for the same time, in two daily newspapers, published in said city,” be and the same is hereby amended so as to read as follows:

Section 1. Any person or persons engaged in the malt liquors and manufacture of malt liquor, for sale in butts, hogs

heads, barrels, half-barrels, casks, half-casks, quartercasks or kegs, or any person or persons owning and using milk-cans, milk-bottles and milk-jars, butterbores, ice-cream cans, or ice-cream tubs, with his, her or their name or names, or any other private marks, respectively, branded or stamped thereon, may file in the office of the prothonotary of the county in which such articles shall be manufactured or used, a descrip

tion of the names used, and other private mark or etc., may be filed. marks to be branded or stamped thereon, and shall

cause the same to be published, once a week for six weeks successively, in a newspaper published in such county or counties, and in the city of Philadelphia, where such publications shall be made for the same time, in two daily newspapers published in said city.

Section 2. That section two of an act, entitled “An act in relation to the sale, use and disposition of butts, hogsheads, barrels, casks, or kegs, used by the manufacturers of malt liquors," approved April fourth, one thousand eight hundred and sixty-five, which reads as follows:

“Section 2. It is hereby declared to be unlawful for any person or persons, hereafter, other than the lawful owner or owners, as mentioned and referred to in the first section of this act, to fill with malt liquor or liquors, for any purpose whatever, or to use, traffic in, purchase, sell, dispose of, detain, convert, mutilate or destroy, or wilfully or unreasonably refuse to return or deliver to such owner, upon demand being made any such butt, hogshead, barrel, half-barrel, cask, half-cask, quarter-cask or key, so branded or stamped, or from which such brand or stamps have been removed, cut off, defaced or obliterated, or to remove, cut off, deface or obliterate, or to brand or stamp other brands or stamps on the same, without the written permission of such original or lawful owner or owners thereof, or unless there shall have been a sale in ex. press terms, of any such article, exclusive of the malt liquor contained therein, to such person or persons, by said original or lawful owner or owners; any person,

Section 2. act of April 4, 1865, cited for amendment.

Prohibition.

Unlawful use of

rels. casks, milkcans, butter

so offending, shall, upon conviction, be deemed guilty of a misdemeanor, to be punished, for the first offense, by a fine of ten dollars for each and every such butt, hogshead, barrel, half-barrel, cask, half-cask, quartercask or keg, so filled and trafficked in, purchased, sold, disposed of, detained, converted, mutilated or destroyed, or not so delivered or returned; and by a fine of twenty dollars, and by imprisonment in a county jail, for not less than one, and not more than three months, for each and every subsequent offence, to be recovered in the same manner as fines are now recoverable, one-half for the use of the poor of the city or the county, where such offence shall be committed, and one-half for the use of the officer who may arrest such offender," be and the same is hereby amended so as to read as follows:

Section 2. It is hereby declared to be unlawful for any person or persons hereafter, other than the lawful owner or owners as mentioned and referred to in the first section of this act, to fill with malt liquor or lj. quors, for any purpose whatever, any such butt, hogshead, barrel, half-barrel, cask, half-cask, quarter-cask hogsheads or keg, or to fill with milk, cream, butter or ice-cream, for any purpose whatever, any such milk-can, butter- boxes, etc. box, ice-cream can or ice-cream tub, or to use, traffic in, purchase, sell, dispose of, detain, convert, mutilate or destroy, or wilfully or unreasonably refuse to re- Refusal to return turn or deliver to such owner, upon demand being made, any such butt, hogshead, barrel, half-barrel, cask, half-cask, quarter-cask or keg, or any such milkcan, butter-bor, ice-cream can or ice-cream tub, so branded or stamped, or from which such brand or stamps have been removed, cut off, defaced, obliter. ated, or to remove, cut off, deface, or obliterate, or to Removal stamp other brands or stamps on the same, without etc. the written permission of such original or lawful owner or owners thereof, or unless there shall have been a sale in express terms of any such article, exclusive of the malt liquor or other ingredient contained therein, to such person or persons by said original or lawful owner or owners; any person so offending shall, upon conviction, be deemed guilty of a misdemeanor; Misdemeanor. to be punished for the first offence by a fine of ten dollars for each and every such butt, hogshead, barrel, half-barrel, cask, half-cask, quarter-cask, keg, milkcan, butter-bor, ice cream can or ice-cream tub so fille< and trafficked in, purchased, sold, disposed of, detain ed, converted, mutilated or destroyed, or not so delivered or returned, and by a fine of twenty dollars and by imprisonment in a county jail for not less than one and not more than three months, for each and every subsequent offence, to be recovered in same manner as fines are now recoverable.

Section 3. That section three of an act, entitled “An

or deliver to owner.

or de facement of brand,

Fine and penalty.

Section 3. act of April 4, 1865, cited for amendment.

act in relation to the sale, use and disposition of butts, hogsheads, barrels, casks or kegs, used by the manufacturers of malt liquors," approved April fourth, one thousand eight hundred and sixty-five, which reads as follows:

“Section 3. Any such owner or owners, or the agent of such owner or owners, who shall make oath or affirmation before any justice of the peace, alderman, or any magistrate, having jurisdiction in criminal matters, that he has reason to believe, setting forth the facts upon which such belief is founded, and does believe, that any of the above named articles, belonging to him or them, so branded or stamped, as aforesaid, or from which the brands or stamps have been cut off, removed, defaced or obliterated, or which have been mutilated or wilfully detained, after demand has been made by any person or persons, manufacturing or sell. ing malt liquors, or any other liquor or liquid, or that any junk or cask dealer, or any other person or persons whomsoever, shall have any of the articles above described, unlawfully as aforesaid, in his, her or their possession, or secreted on his, her or their premises, or in any other place under his, her or their control, the said magistrate shall thereupon, on proof of such demand having been made, issue a search warrant, directed to any constable or other proper officer, to search the premises of the offender or offenders, or said place, where any such articles are alleged to be particularly describing such premises or place; and if, upon such search, any such articles shall be found, to take possession of the same, and to bring the body of the person, in whose possession or control any such article may be found, before such magistrate, to be tried as for a misdemeanor, under the same regulations, now provided by law, for the trial of misdemeanor, and to be punished in the manner set forth in the second section of this act,” be and the same is hereby amended so as to read as follows:

Section 3. Any such owner or owners, or the agent of such owner or owners, who shall make oath or affirmation before any justice of the peace, alderman, or any magistrate having jurisdiction in criminal matters, that he has reason to believe, setting forth the facts upon which such belief is founded, and does believe, that any of the above named articles belonging to him

or them, so branded or stamped as aforesaid, or from or de- which the brands or stamps have been cut off, re

moved, defaced or obliterated, or which have been mutilated, or wilfully detained after demand has been made, by any person or persons manufacturing or sell. ing malt liquors, or any other liquor or liquid, or by any person or persons owning or using milk-cans, butter-boxes, ice-cream cans or ice-cream tubs, or that any junk dealer or cask dealer, or any other person or per

Proceedings for recovery of barrels, casks, milkcans.

butterboxes, etc.

Mutilation tention, etc.

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