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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 misde-
meanor; and to prescribe penalties and punishment for viola-
tions, 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 pre-
servative 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 convic-
tion 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 dis-
cretion of the court; and, upon conviction of any sub-
sequent offense, shall be punished by a fine of not
less than two hundred dollars nor more than five hun-
dred 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 noth-
ing 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 war-
rants signed by the Dairy and Food Commissioner or
Secretary of Agriculture, and approved by the Audi-
tor 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 already been committed.

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

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, Crawford 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. Section 1. Be it enacted, &c., That the act of Assembly, entitled “An act to detach the farms of Amos S. Hancox 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 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 pur-
poses, 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, Ve-
nango 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 Dornini
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.

Application of act.

Crawford and Venango counties.

Repeal.

Crawford, Mercer and Venango countles.

Green, J. M. Fisher, Stephen Fisher, William M. Tipton, 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. Kightlinger, 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 reRepeal. ... pealed. APPROVED–The 28th day of March, A. D. 1905. SAML. W. PENNYPACKER.

No. 49. A JOINT RESOLUTION Whereas I. 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 it. 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 Foers at 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. SAM L. 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 Com-
mission, where desirable for forest culture or forest preser-
vation, and preventing the granting of warrants for the beds
of navigable rivers.
Section 1. Be it enacted, &c., That whenever an ap-
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 de-
scribed in said application; and he may also, at his
discretion, cause a survey to be made thereof, to ascer-
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-
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
be entitled to an appeal to the Board of Property,
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 unap-
propriated, it shall be the duty of the Governor of
the Commonwealth, the Attorney General, the Sec-
retary 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-
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 in-
directly interested in the application for the land ap-
plied for.
The persons thus appointed and sworn or affirmed
shall proceed to value the land by going on the same,
and, having regard to the soil, timber, fisheries, min-
erals, other advantages and the local situation there-
of, and, having agreed upon the valuation per acre
of the land so applied for, shall certify the same,

Lands, vacant or unappropriated.

Secretary of Internal Affalrs, duty of.

Investigation.

Survey.

Report.

Proviso.

Appeal.

Appraisers.

Valuation.

Certificate of value.

Withholding of warrant.

Title.

Proviso.

State Forestry reservation Commission to be notified of application.

Report of Forestry Commission.

warrant and patent to Forestry Cornmission.

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 unappropriated 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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