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No. 30.

AN ACT

To validate sales of real estate upon writs of levari facias,

awarded upon judgments obtained upon writs of scire facias sur mortgage, issued subsequent to the passage of an act, entitled "An act relating to the service of certain process in actions at law, and to the effect thereof, and providing who shall be made parties to certain writs," approved the ninth day of July, Anno Domini one thousand nine hundred and one, and prior to the passage of this act, in all cases where, by reason of the death of the original mortgagors intestate, and no administration had upon their estates prior to the issuing of the writ of scire facias, or where they, being nonresidents of the county wherein the mortgaged premises was situated, had aliened the same prior to the issuing of the said writs, no service of the same was had upon said mortgagors, but in which the affidavit required by division ten of section one of said act has been filed with the praecipe, and service of the writs duly made upon, or accepted for, the parties named in said affidavit as the owners of the premises described in the writs,--so as to vest in the purchasers at such sales the title to said real estate, with the same force and effect as if service of the writs of scire facias had been made upon the original mortgagors, or their legal representatives, in accordance with the act of Assembly in force prior to the passage of said act of July ninth, Anno Domini nineteen hundred and one.

Real estate.

Writs of scire facias sur mortgage.

Section 1. Be it enacted, &c., That in all cases in which writs of scire facias sur mortgage have been issued subsequent to the passage of an act, entitled “An act relating to the service of certain process in actions at law, and the effect thereof, and providing who shall be made parties to certain writs," approved the ninth day of July, Anno Domini one thousand nine hundred and one, and prior to the passage of this act, and where by reason of the death of the original mortgagors intestate, and no administration had upon their estates prior to the issuing of the writ of scire facias, or where they, being non-residents of the county wherein the mortgaged premises was situated, had aliened the same prior to the issue thereoi, no service of said writ was had upon said mortgagors; but in which the aflidavit required by division ten of section one of said act of July ninth, one thousand nine hundred and one, has been filed with the praecipe, and service of the writs of scire facias duly made upon or accepted for the parties named in said allidavit as the owners of the premises described in said writ, and the real estate, bound by the liens of the mortgages upon which said writs of scire facias sur mortgage issued, has been sold by the sheriff of the proper comty by virtue of writs of lerari facias a warded upon judgments entered in such actions, the sales so made shall and the same are hereby declared to be valid and effectual to rest in the purchasers at such sales the title to said real estate, with the same force and efect as if service of the writs of scire facias had been made upon the original mort. gagors, or their legal representatives, in accordance

Sherill's sale validated.

with the acts of Assembly in force prior to the passage of said act of July ninth, Anno Domini one thousand nine hundred and one.

Provided, however, That this act shall not apply Proviso. to any case which shall have heretofore been judicially adjudicated. APPROVED—The 28th day of March, A. D. 1907.

EDWIN S. STUART.

No. 31.

AN ACT

Secret fraternal associations, etc.

Fraudulent use of

name or title.

To prohibit the fraudulent use of the name or title of secret fraternities, associations, societies, orders, or organizations; also prohibiting the fraudulent wearing or use of any emblem, badge, button, or insignia of such secret fraternal organization; and fixing the penalty for violation of this act.

Section 1. Be it enacted, &c., That it shall be unlawful, and it is hereby expressly prohibited, for any person, firm, association, society, order or organization, or any officer, agent, representative or employe thereof, or person acting or pretending to act on behalf thereof, to, in a newspaper or other publication published in this State, or in any letter, writing, circular, paper, pamphlet, or other written or printed notice, matter or device, or by word of mouth, without the authority of the grand lodge, hereinafter men. tioned, fraudulently use, or in any manner, directly or indirectly, to aid in the use of, the name or title of any secret fraternal association, society, order or organization which has had a grand lodge having jurisdiction in this Commonwealth for ten years or longer; or to imitate such name or title, or any name or title so nearly resembling it as to be calculated to deceive; or to wear or use, or aid in the wearing or use of, any emblem, badge, button, device or insignia, fraudulently or with the intent to deceive; or to, with Fraudulent use of out the authority of the grand lodge aforesaid, puh. lish, sell, lend, give away, circulate, or distribute any letter, writing, circular, paper, pamphlet, or other Publications, written or printed notice, matter or device, directly or indirectly advertising for, or soliciting members or solicitation. applications for, membership in such secret fraternal association, society, order or organization, or in any alleged or pretended association, society, order or organization, using, or designated or claimed to be des. grees ignated or known by, such title, or imitation or resemblance thereof; or who therein or thereby, or in any manner whatsoever, offers to sell or to confer or to communicate or to give information, directly or indirectly, as to where, how, of whom, or by what

Imitation of name or title.

button, etc.

etc.

Pretended de.

secret work, etc.

proof.

means, any alleged or pretended degrees, or any alleged or pretended secret work, or any alleged er pretended secrets, of such secret fraternal association, society, association, order or organization, or of any alleged or pretended association, society, order or organization designated or claimed to be known by such title, or imitation or resemblance thereof, can or may be obtained, conferred, or communicated. And any such letter, writing, circular, paper, pamphlet, or

other written or printed notice, advertising matter or Presumptive device, shall be deemed presumptive proof of the

fraudulent character of the scheme therein referred to, and of an intent to violate this act.

Section 2. Any person or persons violating this act shall be guilty of misdemeanor, and, upon convic

tion, shall be punished by imprisonment for not more Fine and penalty. than three years, or by a tine not exceeding one thou

sand dollars, or either or both, at the discretion of

the court of quarter sessions. Repeal.

Section 3. All acts or parts of acts inconsistent herewith are hereby repealed. APPROVED-— The 28th day of March, A. D. 1907.

EDWIN S. STUART.

Misdemeanor.

No. 32.

AN ACT

To cede jurisdiction over a part of the public road, known as

the Emmitsburg Road, within the National Park at Gettysburg, Pennsylvania.

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Section 1. Be it enacted, &c., That the jurisdiction of this Commonwealth is hereby ceded to the United States of America over that portion of the public road, known as the Emmitsburg Road, within the limits of the National Park at Gettysburg, as defined by the act of Congress, entitled “An act to establish a National Military Park at Gettysburg, Pennsylva. nia," approved the eleventh day of February, Anno Domini one thousand eight hundred and ninety-tive, extending from the borough line, southwesterly, eight thousand two hundred and sixty-three feet to the pub. lic road known as the Wheatfield Road: Provided, nevertheless, That this cession is upon the express condition that the Commonwealth of Pennsylvania so far retains concurrent jurisdiction with the United States, over that part of said road which is hereby ceded, as that all civil and criminal process issued under the authority of this Commonwealth may be executed thereon, in like manner as if this act had not passed: Provided, further, That all offenses

Limits.

Proviso.

Concurrent jurisdiction.

Proviso.

against the criminal laws of Pennsylvania, committed Criminal offenses. upon said road, shall remain as before cognizable in the courts of this Commonwealth; but nothing herein contained shall in any wise interfere with the jurisdiction of the United States over any matters embraced in the act of Congress establishing said National Park, approved the eleventh day of February, Anno Domini one thousand eight hundred and ninetyfive, nor with any laws, rules, or regulations which have been or may be adopted by the Government of the United States for the preservation and protection of its property and rights in said ceded road, and proper maintenance of good order thereon. APPROVED—The 28th day of March, A. D. 1907.

EDWIN S. STUART.

No. 33.

AN ACT

class.

Fiscal year.

Authorizing cities of the third class to fix, by ordinance, the

date of commencement of the fiscal year. Section 1. Be it enacted, &c., That each city of the cities of the third third class is hereby authorized to fix, by ordinance, the time for the commencement of its fiscal year.

Section 2. All acts or parts of acts, general or special, inconsistent herewith are hereby repealed. APPROVED --The 28th day of March, A. D. 1907.

EDWIN S. STUART.

No. 34.

AN ACT

lers.

Authorizing and empowering county controllers, in counties containing a population of from three hundred thousand to one million, to designate and appoint a solicitor; prescribing the duties of said solicitor, and fixing his term of appointment and salary.

Section 1. Be it enacted, &c., That in all counties County controlof this Commonwealth containing a population of not less than three hundred thousand nor more than one million, as shown by the last preceding United States census, the county controller shall be, and he is hereby, authorized and empowered to designate and appoint one person, learned in the law, to act as his solicitor. It shall be the duty of said solicitor to advise upon all such legal matters as may be sub

Annointment of solicitor.

Salary.

mitted to him, and to conduct any litigation desired by said county controller. He shall hold office at the pleasure of the controlier, and shall receive a salary of three thousand dollars per annum, to be paid out of the county treasury.

Section 2. All acts or parts of acts inconsistent herewith be and the same are hereby repealed. APPROVED—The 28th day of March, A. D. 1907.

EDWIN S. STUART.

Repeal.

No. 35.

AN ACT

To amend section two of an act, entitled "An act to provide

revenue, and regulate the sale of malt, brewed, vinous, and spirituous liquors, or any admixture thereof, by requiring and authorizing licenses to be taken out by brewers, distillers, wholesalers, bottlers, rectifiers, compounders, storekeepers, and agents, having a store, office, or place of business within this Commonwealth; prescribing the amount of license fees to be paid in such cases, and by imposing an additional license fee on retail dealers in intoxicating liquors," approved the thirtieth day of July, Anno Domini one thousand eight hundred and ninety-seven, by changing the time when the treasurers of the respective counties shall pay all license funds to the State Treasurer and to the treasurers of the respective municipalities.

Section 1. Be it enacted, &c., That section two of an act, entitled “An act to provide revenue, and regulate the sale of malt, brewed, vinous, and spirituous liquors, or any admixture thereof, by requiring and authorizing licenses to be taken out by brewers, distillers, wholesalers, bottlers, rectifiers, compounders, storekeepers, and agents, having a store, office, or place of business within this Commonwealth; prescribing the amount of the license fees to be paid in such cases, and by imposing an additional license fee on retail dealers in intoxicating liquors," approved July the thirteenth, one thousand eight hundred and ninety-seven, which reads as follows:

“Section 2. On and after the passage of this act, each person or persons licensed by the proper court to sell vinous, spirituous, malt, and brewed liquors, or any admixture thereof, by retail, shall, in town. ships, boroughs and all cities, in addition to the li cense fee now fixed by law, pay to the treasurers of the respective counties, for the use of the Commonwealth, an annual license tax in the following amounts: Those resident in townships shall pay an nually an additional license tax of twenty-five dollars; those resident in boroughs shall pay annually an additional license tax of fifty dollars; those resident in cities of the first and second classes shall pay annu

Payment of license fees.

Section 2. act of July 13. 1897, cited for amendment.

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