then he shall grant such marriage license; or, the parties intending may, either separately or together, appear before any magistrate, alderman, or justice of the peace of the township, ward, county, wherein either of the contracting parties resides, and in the county where the license is desired, who may, and is hereby authorized, to inquire of them touching the legality of their contemplated marriage, the age of the parties, the consent of parents or guardians when required, and such prior marriage and dissolution thereof; and such inquiries and the answers thereto, having been subscribed and sworn to by the parties before such officer, may be forwarded to the clerk of the court, who, if satisfied after an examination thereof that the same is genuine and that no legal objection to the contemplated marriage exists, shall grant a license therefor; and, if any of the persons intending to marry by virtue of such license shall be under twenty-one years of age, the consent of their parents or guardians shall be personally given before such clerk, or certified under the hand of such parent or guardian, attested by two adult witnesses, and the signature of such parent or guardian shall be properly ac knowledged before a notary public or other officer competent under the laws to receive acknowledgments; which said certificate and oath shall be filed of record in said office, and entry of the same shall be made by the said clerk on the marriage license docket, as a part of the records of the issuing of said license, and for which he shall receive as his fees the sum of fifty cents, in addition to the marriage license fee, and the said magistrate, alderman or justice of the peace. for services rendered by him under the provisions of this act, shall be entitled to fifty cents," be and the same is hereby amended to read as follows: be verified by Legality of proposed marriage to oath of contractfore clerk of ing parties, be court. The clerk of the court shall inquire of the parties applying either separately or together, for marriage license as aforesaid, on oath or affirmation, relative to the legality of the contemplated marriage, the age of the parties, the consent of parents or guardians of such as are under the full age of twenty-one years, and any prior marriage or marriages and its or their dissolution; and if there be no legal objection thereto, he shall grant such marriage license; or, the parties intending marriage may, either separately or together, appear before any magistrate, alderman notary public, or justice of the peace of the township, ward or county wherein either of the contracting parties resides, and in the county where the license is desired, who may and is hereby authorized to inquire of them touching the legality of their contemplated marriage, Duties of magthe age of the parties, the consent of parents or guardians when required, and such prior marriage and Or before magisnotary public or trate, alderman, justice of the peace. Istrate. Consent of parents, etc. Witnesses. Record. Fees. dissolution thereof; and such inquiries and the an- APPROVED-The 24th day of March, A. D. 1905. Schools, Humane education. Experiment on living creatures forbidden. Monthly reports. No. 41. AN ACT To provide a system of humane education, to include kind treatment of birds and animals, in our public schools. Section 1. Be it enacted, &c., That a system of humane education, which shall include kind treatment of birds and animals, shall be included in the branches of study now required by law to be taught in the common schools; such instruction to be given to all pupils, up to and including the fourth grade, of the public schools of the Commonwealth, and to consist of not more than half an hour each week, during the whole term of the school. Section 2. That no experiment upon any living creature, to demonstrate in physiology, shall be permitted in any public school of the State. Section 3. The principal or teacher in every school shall certify, in each of his or her monthly reports to the school-board, that such instruction has been given in the school under his or her control. Section 4. This act shall take effect immediately. SAML. W. PENNYPACKER. No. 42. AN ACT Providing for the payment of the expense of maintaining prisoners, committed to county prisons for non-payment of fines or penalties imposed for the violation of city or borough ordinances, or ordinances of townships of the first class, by the city, borough, or township of the first class, to which such fines are payable. Section 1. Be it enacted, &c., That hereafter when Prisoners. a prisoner shall be committed to any county jail or prison in this Commonwealth, for the non-payment of borough or town a fine or penalty imposed for the violation of a city Violation of city. or borough ordinance, or an ordinance of a township ship ordinances. of the first class, the expense of maintaining such prisoner, during his confinement by virtue of such commitment, shall be borne and paid by the city, bor- Maintenance. ough, or township of the first class to which such fine. was payable; and the county in which such city, borough, or township of the first class is located shall not be liable to the sheriff for such maintenance. Section 2. All acts or parts of acts inconsistent herewith be and the same are hereby repealed. APPROVED-The 28th day of March, A. D. 1905. SAML. W. PENNYPACKER. No. 43. AN ACT To provide for the extension of the State Library, and for the organization of a museum to contain historical and archaeological material and objects illustrating the flora and fauna of Pennsylvania. Section 1. Be it enacted, &c., That the use of the State Museum. building known as the Executive Building, erected in the year one thousand eight hundred and ninetyfour, and standing to the south of the new capitol, now occupied by the Governor, the Secretary of the Commonwealth, the Auditor General, the State Treasurer and the Attorney General, be granted to the trustees of the State Library, so soon as these officials remove to the new capitol; and that the trustees of the State Library be authorized to extend the scope of the institution, so as to include a museum for scope of instituthe preservation of objects illustrating the flora and tion. fauna of the State, and its mineralogy, geology, arch aeology, arts, and history. APPROVED-The 28th day of March, A. D. 1905. SAML. W. PENNYPACKER. Merchandise or fixtures. Sale of in bulk. No. 44. AN ACT Relative to the sale in bulk of the whole, or a large part, of a stock of merchandise and fixtures, or merchandise, or fixtures, not in the ordinary course of business; providing certain requirements therefor; imposing certain duties upon the seller; and making their violation a misdemeanor. Section 1. Be it enacted, &c., That the sale in bulk of the whole, or a large part, of a stock of merchandise and fixtures, or merchandise, or fixtures, otherwise than in the ordinary course of trade and in the regular and usual prosecution of the seller's business, When fraudulent shall be deemed fraudulent, and voidable as against the creditors of the seller, unless the purchaser shall, in good faith, and for the purpose of giving the notice herein required, make inquiry of the seller, and reList of creditors. ceive from him a list in writing of the names and places of residence or business of each and all of his creditors, and, unless the purchaser shall, at least five days before the consummation of the sale, give Notice to credi personal notice of said proposed sale, to each of the creditors of the seller as appearing on said list, or use reasonable diligence to cause personal notice to be given to them, or shall deposit in the mail a regis tered letter of notice, postage prepaid, addressed to each of the seller's said creditors at his postoffice address, according to the written information furnished: Provided, however, That no proceedings at law or equity shall be brought against the purchaser to invalidate any such voidable sale, after the expiration of ninety days from the consummation thereof. tors. Proviso. False answers, etc. Section 2. The seller shall make full and truthful answer, in writing, to each and all of the inquiries made of him by the purchaser, as required in section one; and if such seller shall knowingly and willfully make or deliver, or cause to be made or delivered, to said purchaser any false answer to such inquiries, or shall induce a sale by refusing to make answer to such inquiries or by fraudulently claiming or pretending ignorance of the matters called for by such inquiries, then, in each of said cases, said seller shall be deemed guilty of a misdemeanor, and, upon conFine and penalty. viction thereof, he shall be sentenced to pay a fine not exceeding five thousand dollars, or to undergo an imprisonment not exceeding six months, or both. or either, at the discretion of the court. Misdemeanor. Application of act. Section 3. Nothing contained in this act shall apply to sales made under any order of a court, or to any sales made by executors, assignees for the benefit of creditors, administrators, receivers, or any public officer in his official capacity, or by any officer of a APPROVED-The 28th day of March, A. D. 1905. No. 45. AN ACT Authorizing Mrs. E. L. King, administratrix of the estate of Edgar L. King, deceased, to bring an action, in the court of common pleas of Dauphin county, against the Commonwealth of Pennsylvania. Whereas, At the session of the Legislature in the Preamble. year one thousand eight hundred and ninety-seven authorized committees were constituted for the purpose of making legislative investigations, and said committees were, by the concurrent resolutions creating them, authorized to employ a stenographer; and Whereas, Edgar L. King, now deceased, was employed as such stenographer, and performed the services which never have been paid for; therefore, Section 1. Be it enacted &c., That Mrs. Edgar L. King, administratrix of the estate of Edgar L. King, deceased, be and is hereby authorized and allowed to bring an action, in the court of common pleas of Dauphin county, against the Commonwealth of Pennsylvania, to determine the claim of said estate against the Commonwealth of Pennsylvania, for stenographic services rendered by Edgar L. King to investigating committees in the session of the General Assembly of the year one thousand eight hundred and ninety-seven. Said action to be subject to the same rules of pleading, evidence and appeal as other actions are subject: Provided, That original and all other process, authorized by this act, be served upon the Attorney General of this Commonwealth. APPROVED-The 28th day of March, A. D. 1905. Authorizing Mrs. E. L. King to sue the Common wealth. Proviso. |