Page images
PDF
EPUB

Proviso.

Wholly within

limits of county.

court of quarter sessions of each county shall appoint three of the viewers, and that a report as aforesaid be made to the said courts, respectively, and that the said courts shall, together with the grand juries and commissioners of the respective counties, in all other respects have and exercise a concurrent jurisdiction and discretion therein: Provided, however, That nothing herein contained shall prevent any county in this Commonwealth from erecting a bridge at any point wholly within the limits of said county, without any view, or other proceedings whatsoever, in any adjoining county.

APPROVED-The 8th day of May, A. D. 1907.

EDWIN S. STUART.

[blocks in formation]

No. 149.

AN ACT

To provide for the better protection and preservation of song and insectiverous birds, and other wild birds, and providing penalties for violation of its several provisions.

Section 1. Be it enacted, &c., That from and after the passage of this act, it shall be unlawful for any person in this Commonwealth, except as hereinafter provided for in this act, and as provided for in section four of the act of April twenty-second, Anno Domini one thousand nine hundred and five, entitled "An act to provide for the protection and preservation of game, game-quadrupeds and game-birds, and song and insectiverous and other wild birds," et cetera, to take, kill, wound, or have in possession, living or dead, any wild bird other than a game-bird, or to offer or expose the same for sale; or to transport or ship, or to attempt to transport or ship, from this Commonwealth, any of the wild birds, or parts thereof, protected by this act: Provided, however, That the blue-jay, the English sparrow, the European starling, the kingfisher, coopers-hawk, sharpshinned hawk, goshawk, duckhawk, pigeon-hawk, the great-horned owl, barred owl, the crow, and the raven shall not be protected by any law of this Commonwealth, and may be killed at any time. No law in this Commonwealth shall be construed to prevent the keeping of birds in cages, as domestic pets, that have been legally imported from foreign countries or from other States, or the offspring of such legally imported birds raised in captivity, so long as such birds are not of a kind found in a wild state within the limits of this Commonwealth; or to prevent the possession of the tanned or cured skin, or any part thereof, of any wild bird legally taken in

this Commonwealth, or brought into this Common-
wealth from any other country or State, in which the
same was legally taken or from which the same was
legally exported. Whoever shall offend against any
provision of this section shall be liable to a penalty
of ten dollars for each bird taken, killed, wounded, or
had in possession, sold or offered for sale, or suffer
imprisonment in the common jail of the county for a Fine.
period of one day for each dollar of penalty imposed.
Nothing in this act shall be construed to prevent the
killing, within the Commonwealth, of a bird of any

kind other than a game-bird, when such bird is found Destructive birds. destroying or attempting to destroy fruits or berries, or other valuable property.

Section 2. Except as provided for in section four of the before-cited act of April twenty-second, one thousand nine hundred and five, no person within this Commonwealth, for any purpose or reason whatever, shall take, or have in possession or under control,

either the nest, or any egg found therein, of any wild Nests and eggs.
bird protected by the laws of this Commonwealth, or
shall intentionally interfere with or destroy any such

nest or egg. Whoever shall offend against any pro- violations.
vision of this section shall be liable to a penalty of
ten dollars for each nest of a wild bird, other than a
game-bird, either interfered with or destroyed; and
shall be liable to a penalty of fifty dollars for each
nest of a game-bird either interfered with or de-
stroyed; or suffer imprisonment in the common jail
for a period of one day for each dollar of penalty im-
posed.

Fine.

Section 3. The possession by any person within this Possession. Commonwealth of a living or dead bird of a kind protected by this act, or the possession of the fresh skin, or of any part thereof, or of the egg, of any such bird, shall be prima facie evidence that the same was taken Prima facie evior held contrary to the provisions of law, and shall render each person, in whose possession or under whose control the same shall have been found, liable to the penalties imposed for violation of some provision of this act.

dence.

Summary convic

Section 4. Each and every magistrate, alderman, and justice of the peace in this Commonwealth shall ton. have power of summary conviction in all matters pertaining to a violation of any provision of this act; and all prosecutions for violation of any of the provisions thereof, except where the defendant is taken in the act of violating the law or in pursuit immediately following such violation, shall be commenced. by affidavit made within one year from the date of Affidavit. the commission of such offense; and each and every magistrate, alderman, and justice of the peace of this Commonwealth, on complaint made before him, by affidavit of any person, of a violation of any provision.

Warrant.

Hearing.

Disposition of fines.

Duty of county treasurer.

Refusal to pay fine.

Penalty.

Commitment.

Proviso.

Acknowledgment of offense.

Receipt.

of this act by any person, is authorized and required to issue his warrant, under his hand and official seal, directed to any constable or police officer or game protector, or other officer of the State whose duty it is to protect the game and wild birds of the State, and to cause such person to be brought before such magistrate, alderman, or justice of the peace, who shall hear the evidence and determine the guilt or innocence of the person charged; and if the accused be convicted of such offense, he shall be sentenced to pay the full penalty prescribed by the section violated, together with the costs of prosecution. All penalties collected in cases where the prosecutor is a game protector shall be immediately surrendered by the court receiving the same to the prosecutor, who in turn shall, as soon as may be, forward or deliver the same to the secretary of the Board of Game Commissioners, who shall at once deposit said money with the State Treasurer, for the use of the Commonwealth. Where any other than such game protector is the prosecutor, one-half of any penalty thus recovered shall belong to such prosecutor, and shall be surrendered to him, and the remaining one-half shall be forwarded to the treasurer of the county in which the offense was committed, together with a statement of the cause for which said money shall have been collected. It shall be the duty of the said county treasurer to keep a record of the cause for which any money thus returned to him may be collected, and to forward the fund thus arising, at least once a month, to the State Treasurer, at Harrisburg, for the use of the Commonwealth. Any defendant refusing to pay the penalty imposed, together with the costs of prosecution, shall be committed to the common jail of the county for a period of one day for each dollar of penalty imposed, unless he shall enter into good and sufficient recognizance, with one or more sureties, to answer such complaint, upon a charge of misdemeanor, before the court of quarter sessions of the peace in and for the county in which the offense was committed; which said court, upon the conviction of the defendant of such offense, and upon failure to pay the penalty imposed, together with the costs of prosecution, shall commit such defendant to the common jail of the county for a period of one day for each dollar of penalty imposed: Provided, That any person charged with a violation of any provision of this act, may, at his discretion, sign an acknowledgment of the offense committed, and pay to the duly appointed and sworn game protector or deputy game protector the penalty in full, as fixed by the section violated, with costs to that date; and the printed receipt given therefor, which in every instance shall bear the imprint of the seal of the Board of Game Commissioners and the signature of its sec

retary, shall be evidence in full satisfaction of the offense therein named.

Section 5. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. APPROVED-The 8th day of May, A. D. 1907.

EDWIN S. STUART.

Repeal.

No. 150.

AN ACT

To provide for the creation and maintenance of a reserve fund in all banks, banking companies, savings banks, savings institutions, companies authorized to execute trusts of any description and to receive deposits of money, which are now or which may hereafter be incorporated under the laws of this Commonwealth, and in all trust companies or other companies receiving deposits of money, which may have been heretofore or which may hereafter be incorporated under section twenty-nine of the act approved April twenty-ninth, one thousand eight hundred and seventy-four, entitled "An act for the creation and regulation of corporations," and the supplements thereto.

banks, savings institutions, etc.

Section 1. Be it enacted, &c., That all banks, bank- Reserve fund of ing companies, savings banks, savings institutions, companies authorized to execute trusts of any description and to receive deposits of money, which are now or which may hereafter be incorporated under the laws of this Commonwealth, and all trust companies or other companies receiving deposits of money, which may have been heretofore or which may hereafter be incorporated under section twenty-nine of the act approved April twenty-ninth, one thousand eight hundred and seventy-four, entitled "An act for the creation and regulation of corporations," and the supplements thereto, are hereby required to create and maintain a reserve fund, which reserve fund in amount and manner shall be as follows:

subject to check.

Section 2. Every such corporation, receiving de- companies reposits of money subject to check or payable on deceiving deposits mand, shall, at all times, have on hand a reserve fund of at least fifteen per centum of the aggregate of all its immediate demand liabilities. The whole of such reserve fund may, and at least one-third thereof must, consist of either lawful money of the United States. Constituents of gold certificates, silver certificates, notes or bills issued by any lawfully organized National Banking Association, or clearing-house certificates, representing specie or lawful money specially deposited for the purpose of any clearing-house association, held and owned by any such corporation as a member of a clearing-house association. One-third, or any part thereof, may con

reserve fund.

Companies receiving time deposits.

Constituents of reserve fund.

sist of bonds of the United States, bonds of the Commonwealth of Pennsylvania, and bonds issued in compliance with law by any city, county, or borough of the Commonwealth of Pennsylvania, and bonds which now are or hereafter may be authorized by law as legal investments for savings banks or savings institutions in Pennsylvania, computed at their par value, and which bonds are the absolute property of such corporation. The balance of said reserve fund, over and above the part consisting of lawful money of the United States, gold certificates, silver certificates, notes and bills issued by any lawfully organized National Banking Association, or clearing-house certificates, representing specie or lawful money specially deposited for the purpose of any clearing-house association, held and owned by any such corporation as a member of a clearing-house association, and the part thereof consisting of bonds, not exceeding the limit above provided, may consist of moneys on deposit, subject to call, in any bank or trust company in the State of Pennsylvania which shall have been approved by the Commissioner of Banking, or in any bank or trust company in any other State, located in any city desig nated as a reserve city by or by virtue of the authority of the revised statutes of the United States and the amendments thereto, which shall have been approved by the Commissioner of Banking.

Section 3. Every such corporation, receiving de posits of money payable at some future time, shall, at all times, have on hand a reserve fund equal to at least seven and one-half per centum of all its time deposits. Such reserve fund may consist in part of lawful money of the United States, gold certificates, silver certificates, notes or bills issued by any lawfully organized National Banking Association, or of clearing-house certificates, representing specie or lawful money specially deposited for the purpose of any clearing-house association held and owned by any such corporation as a member of a clearinghouse association, and in part of bonds of the United States, bonds of the Commonwealth of Pennsylvania. bonds issued in compliance with law by any city, county, or borough of the Commonwealth of Pennsyl vania, or of bonds which are now or hereafter may be authorized by law as legal investments for savings banks or savings institutions of Pennsylvania, computed at their par value, and which bonds are the absolute property of such corporation; or it may consist of moneys on deposit, subject to call, in any bank or trust company in the State of Pennsylvania which shall have been approved by the Commissioner of Banking, or in any bank or trust company in any other State, located in any city designated as a re

« PreviousContinue »