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a fine of not less than one hundred dollars, nor greater than five hundred dollars, at the discretion of the court trying the offense, all such fines to be paid into the treasury of the county wherein such conviction shall take place," shall be, and the same is, hereby amended to read as follows:

License fees.

Proviso.

Section 1. Be it enacted, &c., That from and after the passage of this act, the owner or owners, or lessee or lessees, according to agreement between said owner or owners and lessee or lessees, of a building or buildings, the whole or part of which are fitted up and used for theatrical or operatic entertainments, or for the exhibition of museums, shall pay to the use of the Commonwealth an annual license at the following rates; namely, In cities of the first class, five hundred dollars: Provided, That where the capacity of such building or buildings is less than four hundred persons, the license fee shall be thirty dollars; in cities of the second class, four hundred dollars; in cities of the third class, seventy-five dollars, and in all boroughs and townships, thirty dollars. For circuses and menageries the price of a license shall be the same as herein before required to be paid by the owners of buildings used for theatrical and operatic performances, or the exhibition of museums, when exhibited in a building, the license to be paid by the owner or owners of said building; when the exhibition shall be given in a tent, or enclosure of like character, the license to be paid by the proprietor or proprietors of the circus or menagerie. Any person, being the proprietor of a circus or menagerie Circus or menwhich shall exhibit in a tent, or enclosure of like character, desiring a license for the exhibition of the said Annual license. circus or menagerie for the whole State, for one year, shall be entitled to receive the same upon the payment of one thousand dollars, to be paid to the treasurer of any county in the State, to the use of the Commonwealth, and the provisions of this act herein before contained shall not be held to apply to such circus or menagerie paying such license for the whole State. The licenses herein before provided for shall be granted Granting of by the treasurer of the proper county, upon receiving the price of the same, the payment whereof shall entitle the person or persons paying the same to the use of the privileges conferred by this act. If any owner or owners, or lessee or lessees, of a building or buildings, the whole or part of which are fitted up and used for theatrical of operatic entertainments or for the exhibition of museums, or the owner or owners of a building or buildings in which a circus or menagerie. may be exhibited, or the proprietor or proprietors of a circus or menagerie exhibiting in a tent, or enclosure of like character, shall hold or allow to be held in such building or buildings, tent or enclosure, any the

agerie.

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license.

Penalties.

atrical or operatic entertainment, or the exhibition of any museum, menagerie, or circus, within any city, borough or township in this Commonwealth, without first having had and obtained a license as aforesaid, he or they so offending shall be liable to indictment, and, upon conviction thereof, shall pay for each such of fense a fine of not less than one hundred dollars nor greater than five hundred dollars, at the discretion of the court trying said offense; all such fines to be paid into the treasury of the county wherein such conviction shall take place.

APPROVED--The 23d day of May, A. D. 1907.

EDWIN S. STUART.

Schools.

Teacher's retirement fund.

Annuity.

Repeal.

No. 169.

AN ACT

Empowering Boards of School Directors, Boards of School Controllers, and Central Boards of Education, in school districts of the second and third class, to establish and administer a teacher's retirement fund.

Section 1. Be it enacted, &c., That the Boards of School Directors, Boards of School Controllers, and Central Boards of Education, in school districts of the second and third class, are hereby authorized and empowered to establish and administer a teacher's retirement fund. The said fund shall consist of all funds available for like purposes at the time of the enactment of this law, together with such additions thereto as the Boards of School Directors, Boards of School Controllers, or Central Boards of Education may, from time to time, prescribe, and such moneys as may be donated or bequeathed for such purposes.

Section 2. Any teacher, principal, or supervising official, retiring with the consent of the Boards of School Directors, Boards of School Controllers, or Central Boards of Education, shall receive from the said fund such annuity as the Boards of School Directors, Boards of School Controllers, or Central Boards of Education may prescribe.

Section 3. All acts or parts of acts inconsistent herewith are hereby repealed.

APPROVED The 23d day of May, A. D. 1907.

EDWIN S. STUART.

No 170.

AN ACT

To fix and determine the salary of the several court clerks of the courts of common pleas of the county of Philadelphia, in accordance with article five, section seven, of the Constitution of this Commonwealth.

mon pleas.

Philadelphia,

Section 1. Be it enacted, &c., That from and after Courts of comthe passage of this act, the salary of each of the court clerks of the courts of common pleas of the county of Philadelphia is hereby fixed and determined, in accordance with article five, section seven, of the Constitution of this Commonwealth, to be the sum of two thousand five hundred dollars per annum, payable in equal monthly instalments by the said county of Philadelphia.

Section 2. All acts of Assembly and parts of acts inconsistent herewith are hereby repealed.

APPROVED-The 23d day of May, A. D. 1907.

EDWIN S. STUART.

Salaries of
mined.

clerks deter

Repeal.

No. 171.

AN ACT

Providing for the recording, in the office of the recorder of deeds of the proper county, of ordinances of municipalities vacating any street, lane, or alley, or part thereof, by the corporate authorities of such municipalities, on application of the owner or owners of the land vacated, and the indexing thereof, and the fees therefor.

Municipal or

dinances. Vacating street,

lane,

or alley.

Recording and in

Section 1. Be it enacted, &c., That whenever the municipal authorities of any municipality of this Commonwealth have vacated, or shall hereafter vacate, by ordinance, any public street, lane, or alley, or part thereof, it shall be lawful for the person or persons who shall become the owner or owners of such vacated street, lane, or alley, or part thereof, by operation of law or otherwise, to record a certified copy of such ordinance in the recorder's office of the proper county, and the Recorder shall index the same as a conveyance dexing of orfrom such municipality to such owner or owners. Such ordinance shall be certified from the records of such municipality, under the hand of its secretary or clerk, and under the seal of such municipality: Provided, That such certified copy of such ordinance shall be accompanied by the application of such person or per amidavit. sons, to the recorder of deeds of such county, to record such ordinance, and that he or they, making the application, are the owner or owners of the whole or part of such street, lane, or alley vacated, to be verified by the

dinance.

Proviso.

Application and

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davit of such person or persons as to the truth of he acts in said application stated, which application sha be recorded with said copy of such ordinance. Section 2. The said recorder of deeds shall receive, recording said application and ordinance, like fees as for recording other instruments or conveyances of ‘and.

APPROVED-The 23d day of May, A. D. 1907.

EDWIN S. STUART.

We county. * Creek,

Repeal.

Matthews' Run.

Repeal.

Little Mahoning
Creek.

Repeal.

No. 172.

AN ACT

To repeal so much of section one of an act declaring Spring Creek, in Warren county, from its mouth to a point where the road leading from Franklin, through Warren county, in a direction to Chautauqua Lake, crosses the same public highways, and for improving the navigation in said stream, passed the twenty-third day of January, one thousand eight hundred and thirty; and so much of an act declaring the main branch of the stream called Spring Creek, in the county of Warren, from the mouth of said stream to where the same crosses the Crawford county line, a public highway, and the southern branch of said stream a public highway, from the mouth of said southern branch until where the same crosses the Titusville Road, in Warren county, passed the eighth day of April, one thousand eight hundred and fortysix; and so much of section three of an act declaring Spring Creek, in Warren county, to be a public highway for the distance of seven miles from its mouth, passed the fifteenth day of February, one thousand eight hundred and thirty-two.

Section 1. Be it enacted, &c., That so much of section one of an act declaring Spring Creek, in Warren county, a public highway to where it crosses the Crawford county line, as also the southern branch of said stream, passed the eighth day of April, Anno Domini one thousand eight hundred and forty-six, be and is hereby repealed.

Section 2. That section three of an act, entitled "An act declaring certain parts of Matthew's Run and Spring Creek, in Warren county, public highways," passed the fifteenth day of February, Anno Domini one thousand eight hundred and thirty-two, be and is hereby repealed.

Section 3. That section one of an act, entitled "An act declaring Little Mahoning Creek and Spring Creek public highways," passed the twenty-third day of January Anno Domini one thousand eight hundred and thirty, be and is hereby repealed so far as the same relates to the said stream, called Spring Creek, in Warren county.

APPROVED-The 23d day of May, A. D. 1907.

EDWIN S. STUART,

No. 173.

AN ACT

Providing for the payment of the premiums on bonds of county, city, borough, school-district, and township employes. Section 1. Be it enacted, &c., That when any employe of any county, city, borough, school-district, or township of this Commonwealth shall be required to give a bond for the faithful performance of his duties, and such bond shall be required to be endorsed by a surety company, it shall be lawful for such county, city, borough, school-district, or township to pay the premium on such bond.

APPROVED-The 23d day of May, A. D. 1907.

EDWIN S. STUART.

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No. 174.

AN ACT

To prevent and punish the desecration of the flag of the United
States, and of this State.

Section 1. Be it enacted, &c., That any person who, in any manner, for exhibition or display, shall place or cause to be placed any word, figure, mark or picture, design, drawing or any advertisement, of any nature, upon any flag, standard, color or ensign of the United States, or of this State; or shall expose or cause to be exposed to public view any such flag, standard, color or ensign upon which shall be printed, painted or otherwise placed, or to which shall be attached, appended, aflixed or annexed, any word, figure, mark, picture, design or drawing, or any advertisement, of any nature; or who shall expose to public view, manufacture, sell, expose for sale, give away, or have in possession for sale or to give away or for use, for any purpose, any article or substance, being an article of merchandise or a receptacle of merchandise, upon which shall have been printed, painted, attached or otherwise placed a representation of any such flag, standard, color or ensign, to advertise, call attention to, decorate, mark or distinguish, for the purpose of sale, barter or trade, the article or substance on which so placed; or who shall publicly or privately mutilate, deface, defile or defy, trample upon, or cast contempt either by words or act upon, any such flag, standard, color or ensign, shall be deemed guilty of a felony, and shall be punished by a fine not exceeding five hundred dollars, or 15 Laws

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