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Meat, poultry, game and fish.

Preservative or coloring matter.

Misdemeanor.

Fine and penalty.

Susbequent offense.

Proviso.

Dairy and Food Commissioner, duty of.

Repeal.

No. 46.

AN ACT

To prohibit the selling, shipping, consigning, offering for sale, exposing for sale, or having in possession with intent to sell, as fresh, any meat, poultry, game, fish, or shell fish which contains any substance or article possessing a preservative or coloring character or action; making the same a misdemeanor; and to prescribe penalties and punishment for violations, and the means and the methods of procedure for the enforcement thereof.

Section 1. Be it enacted, &c., That if any person, firm or corporate body shall, by himself, herself or themselves, or by his, her, or their or its, agents or servants, sell, ship, consign, offer for sale, expose for sale, or have in possession with intent to sell, as fresh, any meat, poultry, game, or shell fish which contains any substance, article or ingredient possessing a preservative character or action, or which contains any coal-tar dye, or any other substance or ingredient possessing a coloring character or action, shall be deemed guilty of a misdemeanor; and, upon conviction thereof in the court of quarter sessions of the peace of the proper county, shall be sentenced to pay a fine of not less than one hundred dollars nor more than two hundred dollars, and all costs, or to undergo an imprisonment in the county jail not less than sixty days nor more than ninety days, or both, at the discretion of the court; and, upon conviction of any subsequent offense, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars, or be imprisoned not less than sixty days nor more than four months, or both or either, at the discretion of the court: Provided, That nothing in this section shall prohibit the use of ice as a preservative, or proper refrigeration.

Section 2. The Dairy and Food Commissioner shall be charged with the enforcement of all provisions of this act; and all penalties which may be recoverable, and all fines which may be paid, in any proceeding or proceedings to enforce the provisions of this act, shall be paid to the Dairy and Food Commissioner, or his agent, and by him paid into the State Treasury; and the money so paid shall constitute a special fund, for the use of the Dairy and Food Commissioner in enforcing this act, and may be drawn out upon warrants signed by the Dairy and Food Commissioner or Secretary of Agriculture, and approved by the Auditor General.

Section 3. All acts or parts of acts inconsistent with this act are hereby repealed; but the repeal of said acts shall in no way interfere with, or prevent the prosecution to final termination of, any action or prosecution now pending, or which may be hereafter

commenced for any violation of said acts, which has Application of already been committed.

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

act.

No. 47.

AN ACT

To repeal an act, entitled "An act to detach the farms of Amos
S. Hancox and John Brown from Oil Creek township, Craw-
ford county, and to attach them to Cherry Tree township,
Venango county, for school purposes," the sixth day of April,
Anno Domini one thousand eight hundred and seventy.

ties.

Section 1. Be it enacted, &c., That the act of Assem- Crawford and bly, entitled "An act to detach the farms of Amos S. Venango counHancox and John Brown from Oil Creek township, Crawford county, and to attach them to Cherry Tree township, Venango county, for school purposes," approved the sixth day of April, Anno Domini one thousand eight hundred and seventy, be and the same is Repeal. hereby repealed.

APPROVED-The 28th day of March, A. D. 1905.

SAML. W. PENNYPACKER.

No. 48.

AN ACT

To repeal so much of an act, entitled "An act annexing the farm of John Hamilton, in Sandy Lake township, Mercer county, to Worth township, in said county, for school purposes, and the farms of certain persons in the township of Troy, in the county of Crawford, and the township of Plum, in Venango county, to the township of Cherry Tree, Venango county, for school purposes, as annexes the farms of certain persons in the township of Troy, in the county of Crawford, and the township of Plum, in Venango county, to the township of Cherry Tree, Venango county, for school purposes, approved the twelfth day of April, Anno Domini one thousand eight hundred and sixty-seven.

Section 1. Be it enacted, &c., That so much of the act of Assembly, entitled "An act annexing the farm of John Hamilton, in Sandy Lake township, Mercer county, to Worth township, in said county, for school purposes, and the farms of certain persons in the township of Troy, in the county of Crawford, and the township of Plum, in Venango county, to the township of Cherry Tree, Venango county, for school purposes," approved the twelfth day of April, Anno Domini one thousand eight hundred and sixty-seven, as reads as follows: "And that the farms of Cyvel

5 Laws.

[blocks in formation]

Repeal.

Green, J. M. Fisher, Stephen Fisher, William M. Tip-
ton, George Dougherty, Cyrus Cain, John C. Murray,
and Lyman Green in the township of Troy, in the
county of Crawford, and the farms of David M. Kight-
linger, John Strawbridge, Charles Strawbridge, and
Jesse Alcorn in Plum township, Venango county, be
and the same are hereby annexed to Cherry Tree
township, in Venango county, for school purposes, and
for that purpose only," be and the same is hereby re-
pealed.

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

Whereas I.

Whereas II.

Fish hatchery at
Torresdale.

No. 49.

A JOINT RESOLUTION

Whereas, The United States Government, through its Fish Commissioner, has made the request that so much of the Torresdale Fish Hatchery, situated on the Delaware river at Torresdale, Philadelphia, devoted to the propagation of shad, shall be placed under control of the said United States Fish Commissioner, during the coming season, for operation; and

Whereas, The said United States Fish Commissioner has stated that if this request is granted, that the representative of the government of the United States will operate the said hatchery, and hatch shad therein during the coming season of one thousand nine hundred and five, without cost or expense to the State of Pennsylvania, and distribute the fish, so hatched, in the waters of the Commonwealth; and at the end of the season will hand over such part of the hatchery, to which possession may be given, in the same good order and repair as it was when he was put into possession thereof; therefore be it,

Resolved, By the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, That the Fish Commissioner of the State of Pennsylvania is hereby authorized to accept the request of the said United States Fish Commissioner, to place the said United States Fish Commissioner in possession of that part of the fishhatchery situated on the Delaware river, at Torresdale, Philadelphia, which is now operated by the State of Pennsylvania, during the coming shad season of one thousand nine hundred and five, for the propogation of shad, and distribute the fish so hatched in the waters of the Commonwealth; all cost and expense thereof to be paid by the said United States Fish Commissioner.

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

No. 50.

AN ACT

Relating to the granting of titles by the Commonwealth to vacant or unappropriated land, the price to be paid for the same, the conveyance to the State Forestry Reservation Commission, where desirable for forest culture or forest preservation, and preventing the granting of warrants for the beds of navigable rivers.

unappropriated.

ternal Affairs,

Secretary of Induty of. Investigation.

Section 1. Be it enacted, &c., That whenever an ap- Lands, vacant or plication shall be made to the Secretary of Internal Affairs for any vacant or unappropriated land, of any kind or description whatsoever, it shall be the duty of the Secretary of Internal Affairs to make or to cause to be made a careful investigation concerning the land applied for in said application, with a view of determining, so far as practicable, whether any office rights have heretofore been granted for the land described in said application; and he may also, at his discretion, cause a survey to be made thereof, to ascer- Survey. tain whether such land is vacant or unappropriated, and if it shall be found that the land described in said application has heretofore been appropriated or that it is not vacant or unappropriated land, he shall make a report to that effect, which report, to- Report. gether with others relating to the proceedings in the case, shall be filed among the records of the Land Office, and shall be conclusive as to the question of vacancy: Provided however, That the applicant shall Proviso. be entitled to an appeal to the Board of Property, Appeal. under such rules as said Board of Property may adopt.

If, in the opinion of the Secretary of Internal Affairs, the land applied for shall be vacant or unappropriated, it shall be the duty of the Governor of the Commonwealth, the Attorney General, the Secretary of the Commonwealth and the Secretary of Internal Affairs to appoint three disinterested, reputable persons, to estimate and value the land so applied for, who shall, before they enter upon the duties of their appointment, take an oath or affirma- Appraisers. tion, before a justice of the peace or other officer having authority to administer an oath, that they will justly estimate and a true valuation per acre make of all the land contained in the tract applied for; and, also, they shall state that they are not directly or indirectly interested in the application for the land applied for.

The persons thus appointed and sworn or affirmed Valuation. shall proceed to value the land by going on the same, and, having regard to the soil, timber, fisheries, minerals, other advantages and the local situation thereof, and, having agreed upon the valuation per acre of the land so applied for, shall certify the same,

Certificate of value.

Withholding of warrant.

Title.

Proviso.

State Forestry
Reservation
Commission to

be notified of ap-
plication.

Report of Forestry Commission.

Warrant and patent to Forestry Commission.

Purchase money.

under their hands, directed to the Sectary of Internal Affairs, who, upon receipt of the same, shall notify the applicant of the value given to the land so applied for, and shall request payment of the amount due the State by virtue of such appraisement; and until such payment is made, according to the price fixed by the said appraisers, and within the time hereinafter specified, the Secretary of Internal Affairs shall withhold the granting of the warrant.

If payment is made in accordance with such appraisement, the money so paid shall be immediately turned into the State Treasury, and the Secretary of Internal Affairs shall grant title to the applicant for the land so applied for and appraised, in the manner now provided by law, and the expenses incident to the investigation, survey and appraisement shall be paid by the Commonwealth: Provided further, That before appraisers shall be appointed as herein stipulated, it shall be the duty of the Secretary of Internal Affairs to submit to the State Forestry Reservation Commission a copy of the application made for said vacant or unappropriated land, together with a description thereof, as ascertained through said investigation and survey; whereupon it shall be the duty of the said State Forestry Reservation Commission to determine whether it is desirable or practicable that such vacant or unappropriated land should be acquired for forest culture or forest reservation, and said State Forestry Reservation Commission shall, within the period of two months, make report to the Secretary of Internal Affairs as to the desirability or practicability of securing such vacant or unappro priated land for forest culture or forest reservation; and if in said report a request shall be made for the conveyance of such vacant or unappropriated land to the State Forestry Reservation Commission, it shall be the duty of the Secretary of Internal Affairs to grant a warrant and patent, according to the usual custom of the Land Office Bureau, conveying such vacant or unappropriated land to the State Forestry Reservation Commission, without the payment of any purchase money, interest or fees.

Section 2. That wherever such vacant or unappropriated land shall not be conveyed to the State Forestry Reservation Commission, as provided in the first section of this act, it shall be the duty of the person or persons making application, as aforesaid, for such land to pay the amount of money, as fixed by the appraisement, into the office of the Department of Internal Affairs, within three months from the date of the filing of the report from the State Forestry Reservation Commission refusing such vacant or unappropriated land for forestry culture or forestry reserva

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