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then he shall grant such marriage license; or, the par-
ties intending may, either separately or together, ap-
pear 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 there-
of 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 twen-
ty-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 guar-
dian, attested by two adult witnesses, and the signa-
ture of such parent or guardian shall be properly ac-
knowledged before a notary public or other officer
competent under the laws to receive acknowledg-
ments; 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:
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 pub-
lic, or justice of the peace of the township, ward or
county wherein either of the contracting parties re-
sides, 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 guar.
dians when required, and such prior marriage and

Legality of pro-
posed marriage to
be verified by
oath of contract-
ing parties, be-
fore clerk of
court.

Or before magistrate, alderman, notary public or justice of the peace.

Duties of magstrate.

Consent of parents, etc.

Witnesses.

Record.

Fees.

Schools.

Humane education.

Experiment on living creatures forbidden.

Monthly reports.

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 acknowledged 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 fee the sum of fifty cents, in addition to the marriage license fee; and the said magistrate, alderman, notary public, or justice of the peace, for services rendered by him under the provisions of this act, shall be entitled to fifty cents.

APPROVED–The 24th day of March, A. D. 1905.
SAML. W. PENNYPACKER.

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.

APPROVED–The 27th day of March, A. D. 1905.
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
a prisoner shall be committed to any county jail or
prison in this Commonwealth, for the non-payment of
a fine or penalty imposed for the violation of a city
or borough ordinance, or an ordinance of a township
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-
ough, or township of the first class to which such fine
was payable; and the county in which such city, bor.
ough, 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
here with 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 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 the preservation of objects illustrating the flora and fauna of the State, and its mineralogy, geology, archaeology, arts, and history.

APPROVED–The 28th day of March, A. D. 1905.
SAML. W. PENNY PACKER.

Prisoners.

Violation of city, borough or township ordinances.

Maintenance.

State Museum.

Scope of institution.

Merchandise or fixtures.

Sale of in bulk.

When fraudulent.

List of creditors.

Notice to credltors.

Proviso.

False answers, etc.

Misdemeanor.

Fine and penalty.

Application of act.

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 fix-
tures, not in the ordinary course of business; providing cer-
tain 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 merchan-
dise and fixtures, or merchandise, or fixtures, other-
wise than in the ordinary course of trade and in the
regular and usual prosecution of the seller's business,
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 re-
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
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 furnish-
ed: 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.
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 pre-
tending 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 con-
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.
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 court.

APPROVED–The 28th day of March, A. D. 1905.
SAML. W. PENNYPACKER.

No. 45.

AN A CT

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
year one thousand eight hundred and ninety-seven
authorized committees were constituted for the pur-
pose of making legislative investigations, and said
committees were, by the concurrent resolutions creat-
ing them, authorized to employ a stenographer; and
Whereas, Edgar L. King, now deceased, was em-
ployed as such stenographer, and performed the ser-
vices 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 Penn-
sylvania, 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 Gen-
eral Assembly of the year one thousand eight hun-
dred 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 Common-
wealth.

APPROVED–The 28th day of March, A. D. 1905.
SAML. W. PENNYPACKER.

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