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pick, bit, nippers, fuse, force-screw, punch, drill, jimmy, or any material, implement, instrument or other mechanical device, whatsoever, designed or commonly used for breaking into any vault, safe, railroad car, boat, vessel, warehouse, store, shop, office, dwelling-house, or door, shutter or window of a building of any kind, with the intent to use such tools or instru- Intent. ments for any of the felonious purposes aforesaid, such person shall be guilty of a misdemeanor; and, on Misdemeanor. conviction thereof, shall be sentenced to pay a fine of Penalty. not more than five hundred dollars and undergo an imprisonment, by separate or solitary confinement, for a period of not more than three years, either or both, at the discretion of the court; and the jury trying the case may infer such intent, as aforesaid, from the fact Intent may be inof the said persons having such tools or mechanical instruments and devices, as aforesaid, in their possession. APPROVED-The 14th day of March, A. D. 1905.

SAML. W. PENNYPACKER.

ferred.

No. 22.

AN ACT

To amend the final clause of section three of an act, entitled

"An act to establish an intermediate court of appeal, regulating its constitution, officers, jurisdiction, powers, practice, and its relation to the Supreme Court and other courts: providing for the reports of its decisions, the compensation of the judges and other officers, and the practice and costs on appeals from its judgments," approved the twenty-fourth day of June, eighteen hundred and ninety-five; providing for the furnishing of stationery, blank books, printing and supplies for the said Superior Court.

Section 1. Be it enacted, &c., That the final clause of section three of an act of Assembly, entitled "An act to establish an intermediate court of appeal, regu- Superior court. lating its constitution, officers, jurisdiction, powers, practice and its relation to the Supreme Court and other courts; providing for the reports of its deci. sions, the compensation of the judges and other officers, and the practice and costs on appeals from its judgments," approved the twenty-fourth day of June, eighteen hundred and ninety-five, which said final clause of section three now reads as follows:

"The necessary dockets, books, seals, stationery and other supplies shall be obtained and furnished Final clause of by the

Secretary of the Commonwealth, in the same June 24, 1893, cited manner as books and supplies are furnished to his own department," shall be and is hereby amended to read as follows:

The necessary dockets, books, stationery and mis. Dockets, books, cellaneous printing shall be obtained and furnished of to the superior by the Superintendent of Public Printirg and Bind- Court.

lor amendment.

ing, and the other necessary supplies, for the use of said court, shall be obtained and furnished by the Board of Public Grounds and Buildings, in the same manner as said materials and supplies are furnished to the several departments of the State government. Said materials and supplies to be furnished upon the requisitions of the prothonotaries of the said court. APPROVED—The 14th day of March, A. D. 1905.

SAML. W. PENYYPACKER.

No. 23.

AN ACT

High schools.

Attendance of children from ad. joining district.

Cost of tuition and school-books.

Permitting children, residing in school-districts in which no

public high school is maintained, to attend a high school in some other district, located near their homes, and providing for the payment of cost of tuition and school-books.

Section 1. Be it enacted, &c., That children, residing in school districts in which no public high school is maintained, may attend a high school in some other district, located near their homes; provided the con sent of the directors of the district in which said high school is located be first obtained; the cost of tuition and school-books, which shall not exceed that of the tuition and school-books of children in the same grades or courses in the district maintaining such high school, shall be paid to the district receiving such children, out of the moneys raised by taxation for public school purposes in the district in which said children reside: Provided, That, before admission to a high school, such pupils shall be examined and found qualified for high school work, by the principal of such high school. APPROVED--The 16th day of March, A. D. 1905.

SAML. W. PENNYPACKER.

How to be paid.

Proviso.

Exanination.

No. 24.

AN ACT
Authorizing the appointment of a commission to codify ine

laws relating to divorce, and to co-operate with other states
in securing uniformity of divorce legislation in the United
States.

Whereas, The constantly increasing number of divorces in the United States has become recognized as an evil of threatening magnitude, fraught with serious consequences to the well-being of our institutions and civilization; and

W reas I.

laws.

gates.

Whereas, The diversity of legislative enactment in Whereas II. the several Commonwealths composing the Union is, in the opinion of the legal profession, of students of social science, and like investigators, a serious obstacle in the way of the correction of this evil; and

Whereas, The President of the United States has Whereas III. drawn the attention of Congress to the necessity for uniformity in the divorce laws in every part of the country; therefore:

Section 1. Be it enacted, &c., That the Governor of the Commonwealth be authorized, forthwith to appoint three citizens of Pennsylvania, learned in the Appointment of law, to examine and codify the laws of this State re. codily divorce lating to the subject of divorce, and to report the result of their labors to the Governor, for submission to the Legislature.

Section 2. The Governor of the Commonwealth is further authorized to communicate, in the name of this Commonwealth, with the Governors of the several States comprising the Federal Union, requesting them to co-operate in the assembling of a Con- Congress of delegress of Delegates from such of the States as take favorable action upon the suggestion; said congress to meet at Washington, in the District of Columbia, at such a time in the near future as shall be agreeable, for the purpose 'of examining, considering and discussing the laws and decisions of the several States upon the subject of divorce, with a view to the adoption of a draft for the proposed general law, which propused general shall be reported to the Governors of all the States for submission to the legislatures thereof, with the object of securing, as nearly as may be possible, uniform statutes upon the matter of divorce throughout the Nation.

Section 3. The three commissioners, above authorized for the purpose of codifying the divorce laws of this Commonwealth, together with the Governor, shall be authorized to act as the delegates of this Commonwealth in the Congress above provided for, Delegates. and shall have authority to employ such clerical assistance as may be required, in the work herein authorized. The sum of ten thousand dollars, or much thereof as may be necessary, is hereby appropriated out of any moneys in the treasury not other. Appropriation. wise appropriated, to defray the expenses of carrying out the purposes of this act. APPROVED--The 16th day of March, A. D. 1905.

SAML. W. PENNYPACKER.

law.

so

No. 25.

AN ACT

Real estate.

Partition,

Duty of the court.

Dower.

Supplementary to an act, entitled "An act to confer upon the

several courts of common pleas of this Commonwealth jurisdiction of a court of equity in all cases of dower and partition, and prescribing the method of procedure," approved July seyenth, Anno Domini one thousand eight hundred and eightyfive.

Section 1. Be it enacted, &c., That whenever upon a bill for the partition of real estate, filed in any court having equitable jurisdiction, the land or any purpart thereof shall be adjudged to any party, or an order shall be made for the sale thereof, the court, in the order or orders made in the premises, shall make such provisions as may be necessary to secure the interest of any widow in her deceased husband's estate therein, in such manner that she shall receive, semi-annually or annually, the income therefrom to which she shall be entitled, to be collected by distress or action at law; and that, upon her decease, the principal shall be paid to the party or parties entitled thereto; and such income and principal shall remain charged on such land or purpart until the decease of such widow, and until paid or otherwise discharged: Provided, That upon agreement by such widow, filed and entered of record, such land or purpart may be sold, discharged of her interest therein.

Section 2. The party to whom such land or any purpart thereof shall be adjudged or sold may proceed to obtain possession thereof, in like manner as if the same had been sold by virtue of any execution. APPROVED—The 16th day of March, A. D. 1905.

SAML. W. PENNYPACKER."

Proviso.

Possession.

No. 26.

AN ACT

Corporations.

Executors, administrators, guardians, ete.

Providing for the voting of shares of stock in corporations in

this Commonwealth, held by executors, administrators, guardians, and trustees, and the manner of voting the same.

Section 1. Be it enacted, &c., That from and after the passage of this act, executors, administrators, guardians, and trustees, whether created by last will and testament or by decree of the proper court, shall have the same right and power, either in person or by proxy, at all corporate meetings, to vote any and all shares of stock, by them held in such fiduciary ca. pacity, in any corporation in this Commonwealth or organized under the laws of the same, as the deceased, or legal owner thereof had in his lifetime or during

Voting of shares of stock by.

his legal ownership thereof. And where such stock is certified, or stands on the books of such corporation in the name of, or has passed by operation of law or by virtue of any last will and testament to, more than two such executors, administrators, guardians or trustees, and dispute shall arise among them, the said shares of stock shall be voted by a majority of Majority vote. such executors, administrators, guardians and trustees, and in such manner and for such purposes as such majority shall authorize, direct or desire the same to be voted. APPROVED—The 16th day of March, A. D. 1905.

SAML. W. PENNYPACKER.

No. 27.

AN ACT
To amend an act, entitled "An act for the protection of the

health of persons addicted to the smoking of cigarettes, and
imposing a fine for the violation of its provisions," approved
April fourth, Anno Domini one thousand nine hundred and
three.

cigarette paper, turnishing of

Misdemeanor.

Section 1. Be it enacted, &c., That section one of an Section 1, act of art, entitled “An act for the protection of the health cited for amendof persons addicted to the smoking of cigarettes, and ment. imposing a fine for the violation of its provisions," approved the fourth day April, Anno Domini one thousand nine hundred and three, which reads as follows:

“Section 1. Be it enacted, &c., That if any person Cigarettes or or persons shall sell cigarettes or cigarette paper to any person or persons under the age of twenty-one to minors. years, he or she so offending shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sen. tenced to pay a fine of not more than three hundred Fine. dollars nor less than one hundred dollars;" be and the same is hereby amended to read as follows:

Section 1. Be it enacted, &c., That if any person or persons shall furnish cigarettes or cigarette paper, by gift, sale or otherwise, to any person or persons under the age of twenty-one years, he or she, so offending, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not more than three hundred dollars, and not less than one hundred dollars. APPROVED-The 16th day of March, A. D. 1905.

SAML. W. PENNYPACKER.

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