No. 60.

AN ACT

To establish schools for adults, including foreigners; and providing for instruction, and employment of teachers for

same.

adults, including foreigners.

Section 1. Be it enacted, &c., That whenever an schools for application shall be made to the school-directors of any school district of this Commonwealth, requesting the said board to provide means for the instruction of any colony, camp, or settlement of adults, including foreigners, who may reside temporarily or permanently within the boundaries of said school district, it shall be the duty of said board to arrange a suitable and Duty of school convenient place wherein any such persons desiring to attend may be instructed in the several branches now taught in the common schools of this Commonwealth.

board.

Section 2. The application or petition shall be sign- Application. ed by at least twenty persons of said school district, who may either be taxable residents of said district, or

aliens desiring such tuition: Provided, That any alien, Proviso. so signing, must accompany his request by the state

ment that he desires to avail himself of the said instruction.

Section 3. The said school may be discontinued, at Attendance. any time, at the discretion of the said school board, whenever the average daily attendance for any month is less than fifteen.

school.

Section 4. It shall be in the discretion of the school Schoolhouses. board to use any one or more of the schoolhouses established for the ordinary and usual school purposes, or to erect or provide such suitable building or buildings, portable or permanent, as may be necessary. Section 5. That, upon receipt of such application Establishment of or petition, the school board shall at once proceed to provide a suitable location for such school, hire the necessary teachers, and make all needful expense to open and continue said school: Provided, That any two Proviso. or more school districts may unite in the establishment, support, and maintenance of said schools: Pro- Proviso. vided, however, That the establishing and maintaining of such schools shall be optional with the school boards of the several districts, except such years as a

State appropriation is made for this purpose.

Section 6. The school board may prescribe the hours School hours. at which the schoolhouse may be open for instruction,

which shall be between the hours of nine o'clock in the

forenoon and nine o'clock in the evenings.

Section 7. The instruction in said school shall be Instruction. in the English language, except when necessary to translate the same into the original language of the scholars; Provided, That no sectarian instruction shall Proviso. be allowed.

Section 8. All acts or parts of acts, heretofore passed, inconsistent herewith, be and the same are hereby repealed.

APPROVED--The 15th day of April, A. D. 1907.

EDWIN S. STUART.

Deer.

Open season.

Violations.

Fine.

Prima facie evidence.

Summary conviction.

Affidavit.

Authority of magistrates, aldermen and justices of the peace.

No. 61.

AN ACT

To provide for the better protection of deer in the Commonwealth of Pennsylvania, and prescribing 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 to take or kill or wound, or to attempt to take or kill or wound, any deer in this Commonwealth, except from the fifteenth day of November to the first day of December of the same year; or to have a deer so taken or killed, or any part thereof, in possession, except during said open season, and for fifteen days thereafter; or to kill in any one season more than one deer, which in every instance shall be a male deer, with horns. Each and every person violating any provision of this section shall be liable to a penalty of one hundred dollars, or suffer imprisonment in the county jail for a period of one day for each dollar of penalty imposed.

Section 2. That the possession of the dead body of a deer, or of any part thereof, shall, unless the head bearing horns be attached thereto, or shall be immediately produced upon demand made by any officer of the Commonwealth whose duty it is to protect the game of the State, in all instances be prima facie evidence of a violation of the provisions of this act, and shall render the person in whose possession or under whose control the same may be found liable to the penalty imposed by this act for the killing of a deer, other than a male deer with horns.

Section 3. Each and every magistrate, alderman, and justice of the peace of this Commonwealth shall have the power of summary conviction in all matters pertaining to the enforcement of any of the provisions of this act; and all actions for violation of any of said provisions, excepting where the defendant is taken in the act or in a pursuit immediately following said act, shall be commenced by affidavit made within one year of the time of the commission of such offense. Each and every magistrate, alderman, or justice of the peace, on complaint made before him, by the affidavit of any person, of a violation of any of the provisions

Warrant.

Disposition of fines collected.

of this act by any person, is hereby authorized and required to issue his warrant, under his hand and seal, directed to any constable, police officer, game protector, deputy game protector, or any other peace officer of the State whose duty it is to protect the game or wild birds of the State, and to cause such person to be brought before him, the said magistrate, alderman, or justice of the peace, who shall hear the evidence Hearing. and determine the guilt or innocence of the person charged. If the accused be convicted of such offense, Convictions. he shall be sentenced to pay the penalty prescribed by the section violated, together with the costs of suit. All penalties collected in cases where the prosecutor is a game protector shall be immediately surrendered by the court receiving the same to such prosecutor, who in turn shall, as soon as may be, either deliver or forward such amount to the secretary of the Game Commission, who shall deposit the same in the State Treasury, for the use of the Commonwealth. Where any other than a game protector is the prosecutor, one-half of any penalty thus collected shall belong to such prosecutor, and shall be paid to him by the court receiving same, and the remaining one-half of such penalty shall be forwarded by such court to the county treasurer of the county in which the offense was committed, together with a statement of the cause for which said money was collected. It shall be the duty of each county treasurer to keep a record of the cause for which said money was collected, and to forward the same, at least once a month, to the State Treasurer, for the use of the Commonwealth. 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 fine. of one day for each dollar of penalty imposed, unless Penalty. he shall enter into good and sufficient recognizance, with one or more sureties, to answer such complaint, on 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, on the conviction of the defendant of such offense, and upon his failure to pay the penalty, together with the costs of prosecution, shall commit such defendant to the Commitment. common jail of the county for a period of one day for each dollar of penalty imposed: Provided, That Proviso. any person charged with a violation of any provision. of this act may, at his discretion, sign an acknowledgment of the offense committed, Acknowledgment and pay to the duly authorized 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 which he shall receive therefor, Receipt. and which in all instances shall bear the imprint of the seal of the Board of Game Commissioners and the

Any Duty of county

treasurers.

Refusal to pay

of offense.

Repeal.

signature of its secretary, shall be evidence of a full satisfaction of the offense committed.

Section 4. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. APPROVED--The 15th day of April, A. D. 1907. EDWIN S. STUART.

Rabbits and hares.

Open season.

Proviso.

Fine.

Summary conviction.

Affidavit.

istrates, aldermen

No. 62.

AN ACT

To provide for the taking or killing of rabbits or hares in this Commonwealth, and prescribing 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 to take or kill rabbits or hares in this Commonwealth, except from the fifteenth day of October to the first day of December of each year; or to have in possession the dead body of a rabbit or hare, taken in this Commonwealth, except during said open season, and for a priod of fifteen days thereafter, unless the same are killed by land owners to whom they are doing damage: Provided, That rabbits or hares may be taken or killed in this Commonwealth in any manner, during said open season, except through or with the aid of a ferret. Each and every person violating any provision of this section shall be liable to a penalty, of ten dollars for each rabbit or hare so taken, or suffer imprisonment in the common jail of the county for a period of one day for each dollar of penalty imposed.

Section 2. Each and every magistrate, alderman. and justice of the peace of this Commonwealth shall have the power of summary conviction in all matters pertaining to the enforcement of any of the provisions of this act; and all actions for violation of any of said provisions, excepting where the defendant is taken in the act or in a pursuit immediately following said act, shall be commenced by affidavit made within one year of the time of the commission of such offense. Each Authority of mag- and every magistrate, alderman, or justice of the peace, on complaint made before him, by the affidavit of any person, of a violation of any of the provisions of this act by any person, is hereby authorized and required to issue his warrant, under his hand and seal, directed to any constable, police officer, game protector, deputy game protector, or any other peace officer of the State whose duty it is to protect the game or wild birds of the State, and to cause such person to be brought before him, the said magistrate, alderman, or justice of the peace, who shall hear the

and justices of the peace.

Warrant.

Hearing.

evidence and determine the guilt or innocence of the

Disposition of

Duty of county

Refusal to pay

person charged. If the accused be convicted of such Convictions. offense, he shall be sentenced to pay the penalty prescribed by the section violated, together with the costs of suit. All penalties collected in cases where the nines collected. prosecutor is a game protector shall be immediately surrendered by the court receiving the same to such prosecutor, who in turn shall, as soon as may be, either deliver or forward such amount to the secretary of the Game Commission, who shall deposit the same in the State Treasury, for the use of the Commonwealth. Where any other than a game protector is the prosecutor, one-half of any penalty thus collected shall belong to such prosecutor, and shall be paid to him by the court receiving same, and the remaining one-half of such penalty shall be forwarded by such court to the county treasurer of the county in which the offense was committed, together with a statement of the cause for which said money was collected. It shall be the duty of each county treasurer treasurers. to keep a record of the cause for which said money was collected, and to forward the same, at least once a month, to the State Treasurer, for the use of the Commonwealth. Any defendant refusing fine. to pay the penalty imposed, together with the costs Penalty. 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, on 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, on the conviction of the defendant of such offense, and upon his 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 authorized 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 which he shall receive therefor, and which in all instances shall bear the imprint of the seal of the Board of Game Commissioners and the signature of its secretary, shall be evidence of a full satisfaction of the offense committed. Section 3. All acts or parts of acts inconsistent Repeal. with this act are hereby repealed.

APPROVED--The 15th day of April, A. D. 1907.

EDWIN S. STUART.

Commitment.

Proviso.