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on the outside of the ticket.

Fourth. In the ciy of Philadelphia the return judges shall meet at the State House at ten o'clock on the Thursday next following the election, and make out the returns for the said city of the votes cast therein for delegates at large and city and district delegates, to be members of the convention; the return judges of the several election districts within each county of the State, excluding Philadelphia, shall meet on the Friday next following the election, at the usual place for the meeting of the return judges of their county, and shall make out full and accurate returns for the county of the votes cast therein for members of the convention and for district members of the same; and the proceedings of the return judges of the said city of Philadelphia, and of the several counties of the Commonwealth, in the making of their returns, shall be the same as those prescribed for return judges in the case of an election for Governor, except that returns transmitted to the Secretary of the Commonwealth shall be addressed to that officer alone, and not to the speaker of the senate.

Fifth. The prothonotary of Philadelphia and the prothonotaries of the several counties shall, with reference to returns, promptly and faithfully perform all the duties enjoined upon them by the eightyfourth and eighty-fifth sections of the general election act of July 2, 1839.

Sixth. The Secretary of the Commonwealth shall, as soon as the returns of said election shall be received by him, and at all events within fifteen days after the elec tion, in the presence of the Governor and Auditor General, open and compute all the returns received of votes given for members of the convention, and the Governor shall forthwith issue his proclamation, declaring the names of the persons who have been chosen members of the convention.

SEC. 3. It shall be the duty of the delegates, elected as aforesaid, to assemble in convention in the hall of the house of representatives, at the State capitol, in Harrisburg, on the second Tuesday of November, 1872, at twelve o'clock M., that day, with general powers of adjournment as to time and place; and it shall be the duty of the Secretary of the Commonwealth to call the convention to order at that time of its assembling, and to submit all the returns of election in his possession, and to read the aforesaid proclamation of the Governor; and thereupon said convention shall proceed to organize by electing one of their number as president, and after the members are sworn in, such other officers as may be needed in the transaction of business.

SEC. 4. Said convention, so clected, assembled and organized, shall have power to propose to the citizens of this Commonwealth, for their approval or rejection, a new Constitution or amendments to the present one, or specific amendments to be voted for separately, which shall be engrossed and signed by the president and chief clerk, and denvered to the Secretary of the Commonwealth, by whom and under whose direction, it or they shall be entered on record in his office, and published once a week in at least two newspapers in each county, where two papers are pub

lished, for four weeks next preceding the day of election that shall be held for the adoption or rejection of the Constitution or amendments so submitted: Provided, That one-third of all the members of the convention shall have the right to require the separate and distinct submission, to a popular vote, of any change and amendment proposed by the convention: And provided further, That nothing herein contained shall authorize the said convention to change the language, or to alter in any manner the several provisions of the ninth article of the present Constitution, commonly known as the declaration of rights, but the same shall be excepted from the powers given to said convention, and shall be and remain inviolate forever: And provided further, That the said convention shall not create, establish or submit any proposition for the establishment of a court or courts with exclusive equity jurisdic

tion.

SEC. 5. The convention shall submit the amendments agreed to by it to the qualified voters of the State for their adoption or rejection, at such time or times, and in such manner, as the convention shall prescribe, subject, however, to the limitation as to the separate submission of amendments contained in this act; and all amendments accepted by a majority vote of the electors voting thereon shall become a part of the Constitution.

SEC. 6. The election to decide for or against the adoption of the new Constitution, or specific amendments, shall be conducted as the general elections of this Commonwealth are now by law conducted; and it shall be the duty of the return judges of the respective counties, first having ascertained the number of votes given for or against the new Constitution, or separate specific amendments, if any, to make out duplicate returns thereof, expressed in words at length, one of which returns, so made, shall be filed in the office of the prothonotary of the proper county, and the other sealed and directed to the Secretary of the Commonwealth; which said returns shall be opened, counted and published, as the returns for Governor are now by law counted and published; and when the number of votes given for or against the new or revised Constitution, or for or against separate specific amendments, if any, shall have been summed up and ascertained, aud the duplicate certificates thereof delivered to the proper officers, the Governor shall declare, by proclamation, the result of the election; and if a majority of the votes polled shall be for the new or revised Constitution, or for any separate specific amendments, such new or revised Constitution and separate specific amendments shall be thenceforth the Constitution of this Commonwealth.

SEC. 7. The entire compensation and allowance to each member of the convention shall be as follows: For salary, one thousand dollars; for mileage, ten cents per mile circular, not to be allowed at more than two sessions; for postage, stationery and contingencies, fifty dollars; the clerks and other officers to be allowed such compensation as the convention shall direct. Warrants for compensation of members and officers, and for all proper expenses of

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the convention, shall be drawn by the president and countersigned by the chief clerk, upon the State Treasurer for payment.

SEC. 8. That in case of vacancies in the membership of said convention, the same shall be filled as follows: If such vacancy shall be of a member at large of the convention, those members at large who shall have been voted for by the same voters, or by a majority of the same voters who shall have voted for and elected the member whose place is to be filled, shall fill such vacancy; if such vacancy shall be of a district or city member of the convention, those members at large of the convention who shall have been voted for by the same, or by a majority of the same voters who shall have voted for such district or city member, shall fill such vacancy; in either case, the appointment to fill a vacancy shall be made by the members at large aforesaid, or by a majority of them, in writing; and all such written appointments shall be filed among the convention records.

SEC. 9. That the Secretary of the Commonwealth shall prepare a form of notice of the election to be held for the purpose of choosing members of the aforesaid convention, including such portions of this act as shall be necessary and proper for the information of voters and election officers at the said election, as to their respective rights and duties in relation thereto; which said form, so prepared, shall be transmitted by him to the sheriffs of the several counties, to be observed by them in making proclamation of the holding of said election in their respective jurisdictions.

SEC. 10. That the Secretary of the Commonwealth be authorized to obtain for said convention, prior to the meeting of the same, such publications relating to constitutional amendments and reform, and cause to be prepared such statistical information as may be convenient and useful to the convention in the performance of its duties; and the proper expense so incurred, not exceeding six hundred dollars, shall be paid at the treasury, upon settlement made in the office of the Auditor General. Approved 11th April, 1872.

AN ACT prescribing the time and manner of submitting to the people, for their approval and ratification or rejection, a proposed amendment to the Constitution. WHEREAS, A joint resolution proposing a certain amendment to the Constitution of this Commonwealth has been agreed to by a majority of the members elected to each house of the Legislature, at two successive sessions of the same, the first se sion commencing on the first Tuesday of January, 1871, and the second session commencing on the first Tuesday of January, 1872:

And whereas, It is provided in the tenth article of the Constitution that any amendment, so agreed upon, shall be sub nitted to the people, in such manner, and at such times, at least three months after being so agreed to by the two houses, as the Legislature shall prescribe, such subscription to be in such manner and form that the people may vote for or against such amendment; therefore,

SECTION 1. Be it enacted, etc., That for the purpose of ascertaining the sense of the people of this Commonwealth in re

gard to the adoption or rejection of said amendment, the Governor of the Commonwealth shall issue a writ of election, directed to each and every sheriff of this Commonwealth, commanding them to give notice in the usual manner, in not less than two newspapers in each city and county, if so many are published therein, and by at least two printed handbills in each election district in every city and county wherein no newspaper is published, that an election will be held in each of the townships, boroughs, wards, precincts and districts therein, on the second Tuesday of October, 1872, for the purpose of deciding upon the approval and ratification or rejection of the said amendment; which said election shall be opened, held and closed, upon the day last aforesaid, at the places and within the hours at and within which the general elections of this Commonwealth are directed to be opened, held and closed; and it shall be the duty of the judges, inspectors and clerks of each of said townships, boroughs, wards, precincts and districts to receive at the said election tickets, either written or printed, or partly written and partly printed, from each of the qualified voters of this State, who may offer the same, and to deposit them in a box or boxes to be, for the purpose, provided by the proper officers; which tickets shall be labelled on the outside, "Amendment to the Constitution," and on the inside, "for the amendment" or "against the amendment."

SEC. 2. That the election on the said proposed amendment shall, in all respects, be conducted as the general elections of this Commonwealth are now conducted; and it shall be the duty of the return judges of the respective counties and districts thereof, first having carefully ascertained the number of votes given for or against such amendment, to make out duplicate returns thereof, expressed in words at length, and not in figures only; one of which returns, so made, shall be lodged in the prothonotary's office of the court of common pleas of the proper county, and the other sealed and directed to the Secretary of the Commonwealth, and by one of said judges de. posited forthwith in the most convenient post office, upon which postage shall be paid at the expense of the proper county.

SEC. 3. That it shall be the duty of the Secretary of the Commonwealth, on the second Tuesday of January, 1873, at twelve o'clock M., on that day, to deliver to the speaker of the senate, or the speaker of the house of representatives, the returns of the said election from the several counties of the Commonwealth; and the same shall, on the same day and hour, be opened and published in the presence of the members of the senate and house of representatives, and the votes given for or against said amendment shall be carefully summed up and ascertained, and duplicate certificates of the result shall be signed by the speakers of the two houses; one of said certificates shall be delivered to the Secretary of the Commonwealth, who shall cause the same to be recorded and filed in his office, and the other of said certificates shall be delivered to the Governor, who shall forthwith issue his proclamation, declaring whether the said amendment has been ap

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proved and ratified by a majority of the
qualified voters of the State voting therefor:
Provided, That if, for any cause, a quorum
of either house of the Legislature shall not
be present at the day and hour above men-
tioned, the said votes shall be opened in the
presence of such members of said houses
as shall be present; and in case of the ab-
sence of the speaker of either of said
houses, the certificates shall be signed by
the speaker present, or in case of the ab-
sence of both speakers, by the chief clerks
of both houses, or either of them, in the
case of the absence of one of said clerks.
SEC. 4. That the several duties required
to be performed by the sheriffs, commis-
sioners, constables, judges, inspectors, and
all other officers whatever in and about the
general elections of this Commonwealth
shall be performed by such officers in and
about the election herein provided for; and
all persons, whether officers or others, shall
be liable to the same punishment for the
neglect of any duty, or the commis ion of
any offence at, in or about the said election,
as they would for the neglect of like duty,
or the commission of the like offence, at, in
or about the general elections of this Com-
monwealth.

Approved 11th April, 1872.

AN ACT to provide for the establishment of
a Bureau of Statistics on the subject of
labor, and for other purposes.

SECTION 1. Be it enacted, etc., That the
Governor be and is hereby authorized to
appoint, on or before the first Monday in
suitable person to act as chief of a bureau,
May next, and biennially thereafter, some
to be entitled a Bureau of Labor Statistics
and of Agriculture, whose office shall be in
whose title shall be Commissioner of Labor
the capitol building at Harrisburg, and
Statistics and Agriculture, and who shall
be confirmed by the senate.

SEC. 2. The duties of such officer shall
be to collect, compile and systematize sta
tistics with reference to the subject of labor
in its relations to the social, educational,

industrial and general condition, wages and
treatment of all classes of our working peo-
ple, and how the same affect the permanent
Commonwealth.
prosperity and productive industry of the

SEC. 3. It shall also be the duty of such
bureau to collect, collate and classify sta-
tistics relating to the mineral, manufactur-
ing, agricultural and commercial produc-
tions of this Commonwealth.

SEC. 4. The chief of said bureau shall
report annually to the Legislature, in con-
venient form, the result of his investiga-
tions, and shall receive for his services an
annual compensation of two thousand
dollars.

SEC. 5. That the chief of said bureau
shall have power to appoint one clerk,
whenever he shall deem such appointment
necessary, at an annual salary of fourteen
hundred dollars per annum, to be paid out
wise appropriated.
of any moneys in the treasury not other-

Approved 12th April, 1872.

AN ACT to regulate the execution and trans-
fer of notes given for patent rights.
SECTION 1. Be it enacted, etc., That when-
ever any promissory note or other negotia-
ble instrument shall be given, the consid-
eration for which shall consist in whole or

in part of the right to make, use or vend
to be patented, the words, "given for a pat-
any patent invention or inventions, claimed
ent right," shall be prominently and legibly
written or printed on the face of such note
or instrument, above the signature thereto;
and such note or instrument, in the hands
of any purchaser or holder, shall be subject
to the same defences as in the hands of the
original owner or holder.

SEC. 2. If any person shall take, sell or
transfer any promissory note or other ne-
gotiable instrument not having the words,
"given for a patent right," written or
printed legibly and prominently on the face
of such note or instrument, above the sig-
nature thereto, knowing the consideration
of such note or instrument to consist in
whole or in part of the right to make, use
or vend any patent invention or inventions,
claimed to be patented, every such person
or persons shall be deemed guilty of a mis-
shall be fined in any sum not exceeding five
demeanor, and upon conviction thereof
hundred dollars, or imprisoned in the
county jail not exceeding sixty days, or
both, in the discretion of the court.

SEC. 3. All acts or parts of acts incon-
sistent herewith are hereby repealed.
Approved 12th April, 1872.

AN ACT for the appointment of a receiver in cases where corporations have been dissolved by judgment of ouster, upon proceedings of quo warranto.

SECTION 1. Be it enacted, etc., That when-. ever any corporation, incorporated under the laws of this Commonwealth, shall have been dissolved by judgment of ouster, upon proceedings of quo warranto, in any court of competent jurisdiction, all the estate, both real and personal, of which such corporation are in any way seized or possessed shall pass to and vest in the persons who at the time of such dissolution are the officers of such corporation, in trust to hold the same for the benefit of the stockholders and creditors of the corporation.

SEC. 2. The Supreme Court, or any judge thereof, sitting at nisi prius, shall, upon the petition of any stockholder or creditor who shall have all the powers of a receiver appointed by a court of chancery, to take of such corporation, appoint a receiver possession of all the estate, both real and the assets among the persons entitled to personal thereof, and make distribution of receive the same according to law: Provided, That written notice, as may be directed by the court, shall be given to the at the time of the dissolution officers of the persons, or a majority of them, who were corporation, of the intention, time and place of presenting such petition: And provided further, That it shall be the duty of such receiver to give notice of his appointment, time and place of meeting, to all the stockholders of such corporation, and to advertise the same as the court may direct.

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SEC. 3. That the provisions of this act shall also apply to any corporation that has been heretofore dissolved by judgment of ouster, upon proceedings of quo warranto, in any court of competent jurisdiction, the affairs of which have not been settled and adjusted.

Approved 4th April, 1872.

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JOSSELYN V. PARSONS, EX., 20 W. R. 316.

This case makes a small addition, but, so far as it goes, a useful one, to the stock of legal certainty. It turned on the meaning of the word "merchant," as used in a covenant by which the defendant had bound himself not for a certain time to enter into the employment any "ale, porter or spirit merchant." The breach alleged against him was that he had entered into the service of a brewer. The court drew a distinction, warranted by the ordinary use of language and by common sense, between a merchant who buys to sell again, and a producer or manufacturer who only sells his own produce. They held, therefore,

that the covenant had not been broken.Solicitors' Journal and Reporter.

A PROMINENT lawyer in the Granite State was trying a case last fall where a question arose which required the summoning of a substantial farmer, about two miles from the court house, who was gathering his pumpkins in a cart. Counsel cross examined and browbeat the witness for several hours, and lost his temper, though the witness did not. Our friend is baldheaded, with a rim of fiery red hair, not altogether unlike the richness of a pumpkin, around the lower part of his head. He wore a high dickey, stiffly starched, one side of which, in his fight with the old farmer, he somehow had contrived to smooth down. When the witness was dismissed he slowly walked from the witness stand, and, as he came opposite the lawyer, he turned to him and said, in a slow, drawling manner, "I say, 'squire (pointing to the flattened dickey), if you don't put up that tail-board, that pumpkin of yours will roll out."

ACTS OF ASSEMBLY-1872.

AN ACT relating to the stoek and bonds of railroad and canal companies, merged or proposing to merge, and held by execu tors, guardians or trustees.

SECTION 1. Be it enacted, etc., That it shall and may be lawful for any executor, guardian or trustee holding the stock and bonds, or either, of any railroad or canal company which may be authorized to merge and consolidate with, or which has become merged and consolidated with any other railroad or canal company, to agree for and in respect to the said stock and bonds, or either, so held by them, to the terms and conditions of such proposed or actual merger, and to accept in lieu or exchange for said stock and bonds, or either (but to be held in like trusts), the stock and bonds, or either, of the company so merging or formed by such merger and consolidation. Approved 12th April, 1872.

AN ACT relating to unclaimed deposits in savings banks, and transfer of stock. SECTION 1. Be it enacted, etc., That hereafter no incorporated saving fund institution or bank, not having any capital stock, and doing business exclusively for the benefit of the depositors, shall accumulate or retain, out of net earnings or otherwise, a surplus or contingent fund which shall exceed fifteen per centum of its liabilities; and it shall be the duty of the managers or directors of such corporation, at the expiration of every year thereafter, to divide pro rata among the depositors, whose accounts shall remain open on the first day of December, in that year, the amount of such excess so ascertained in that year, if any.

SEC. 2. That where any depositor with any saving fund, savings institution or savings bank whatsoever, or his legal representatives, shall omit to make any demand for the amount deposited by him, or for any part thereof, for the space of thirty years after the last deposit or payment was made by or to him, or his said representatives, no action or suit shall thereafter be

brought or maintained by him or them, for the amount of such deposit, against such corporation, but the same shall be paid over

instead to the State Treasurer for the use of the State: Provided, That no one now having any such right of action shall be so barred until the expiration of one year from the passage of this act: And provided, That It shall be lawful for such depositor or his legal representatives, at any time after the amount of his deposit shall have been paid over into the treasury of the Commonwealth as aforesaid, to institute and prosecute an action of debt therefor, against the State Treasurer for the time being, in the court of common pleas of Dauphin county; and on the recovery of judgment in such action it shall be lawful for the court to issue thereon a writ commanding such State Treasurer, or his successor in office, to cause the amount thereof, with costs, but without interest, to be paid to the party entitled in the judgment, out of any unappropriated moneys in the hands of the State Treasurer, or if there be no such money unappropriated, then out of the first moneys that shall be received by him, and to enforce obedience to such writ by

attachment, as is provided by law in respect to actions against counties and townships.

SEC. 3. It shall be the duty of the treasurer or cashier of every incorporated saving fund institution or bank in this Commonwealth, on or before the first day of November, in each year after the present, to make returns to the Auditor General of the amount of all such unclaimed deposits as referred to in the previous section of this act, with the names and residences of the depositors, so far as known, and before the first day of January then next ensuing pay over the amount so returned to the State Treasurer, whose receipt therefor shall be a full and sufficient discharge to such saving fund Institution or bank from any further liability to any such depositor.

SEC. 4. All savings banks having a capital stock are hereby authorized and required to issue certificates of their said stock to all the stockholders, properly signed by the president, secretary or treasurer of said savings banks, which certificates transferred by the party holding the same, or his duly authorized attorney, in the presence of the president, secretary or treasurer, shall be a valid and legal transfer of the said stock.

Approved 17th April, 1872.

A FURTHER SUPPLEMENT to an act, entitled "An act for the punishment of cruelty to animals in this Commonwealth,” approved March 29, 1869.

SECTION 1. Be it enacted, etc., That any agent of the Pennsylvania society, or any other society for the prevention of cruelty to animals, be and is hereby authorized and empowered to seize any bull, bear, dog, cock or other creature, kept, used or intended to be used for the purpose of fighting or baiting, and to sell the same for the benefit of said society: Provided, That when the seizure is made the animal or animals so seized shall not be deemed abso

lutely forfeited, but shall be held by the officer seizing them until a conviction of some person is first obtained under the first section of the act to which this is a suppleplement, for keeping or using, or being

connected with or interested in the management of any place used for fighting or baiting animals, and the animal or creature seized shall have been found on the

premises: And further provided, That the agent making such seizure shall make due return to the magistrate or alderman before whom the complaint is heard, of the number and kind of animals or creatures so seized by him; and it shall be the duty of the magistrate or alderman hearing the complaint, in case of a conviction, to make the forfeiture of such animals or creatures

seized a part of the sentence.

Approved 3d April, 1872.

AN ACT directing the sale of bonds composing the Agricultural College land script fund, and authorizing the issue of a new bond in lieu thereof, and abolishing the board of commissioners created by act of April 1, 1863.

SECTION 1. Be it enacted, etc., That the Surveyor General be and is hereby authorized and directed to sell all the present bonds held by him in trust for the Agricultural College land script fund, and pay the proceeds of the sale of the same to the

LEGAL OPINION.

State Treasurer, for the use of the sinking 27th day of February, 1847, entitled "An fund commissioners.

SEC. 2. That the Governor, Auditor General and State Treasurer are authorized to issue a registered bond of this Commonwealth, for the sum of five hundred thousand dollars, payable to the Agricultural College land script fund of Pennsylvania, after fifty years from the first day of February, 1872, with interest on the same at the rate of six per cent. per annum, to be paid semi-annually on the first of February and August of each year, and deliver the said bond to the State Treasurer, for the uses and purposes declared by law.

SEC. 3. That it shall be the duty of the State Treasurer to hold said bond in trust for the Agricultural College land script fund of Pennsylvania, and to pay the interest accruing thereon semi-annually to the Agricultural College of Pennsylvania, according to the several acts of Assembly in relation thereto.

SEC. 4. That the board of commissioners for the sale of Agricultural College land script be and the same is hereby abolished; and the Surveyor General is directed to place in the hands of the State Treasurer the book of accounts and vouchers relating to the Agricultural College land script fund now in his custody.

Approved 3d April, 1872.

AN ACT Suppplemental to an act, entitled "A supplement to acts relating to incorporations by the courts of common pleas," approved the 9th day of April, A. D.

1856.

SECTION 1. Be it enacted, etc., That the "proper county" intended by said act, approved as aforesaid, may be, at the option of any corporation praying for permission to dissolve in the way and manner in said act designated, either the county in which the principal operations of the corporations are conducted, or that county in which its principal office or place of business is located: Provided, That notice of said application shall be given by publication in two papers in the county in which the principal operations are conducted, and that in which the principal office is located.

Approved 4th Aprii, 1872.

A SUPPLEMENT to an act, entitled "An act to allow the improvement of creeks and rivulets," approved 28th March, 1871. SECTION 1. Be it enacted, etc., That it is hereby declared to be the true intent and meaning of the act of General Assembly of this Commonwealth, approved the 28th day of March, A. D. 1871, entitled "An act to allow the improvement of creeks and rivulets," that any tenant in common shall be entitled to all of the rights and privileges granted or conferred by said act, and shall be allowed to file the petition and bond in said act required, without the join.

der of his co-tenants.

Approved 4th April, 1872.

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A SUPPLEMENT to an act, entitled "An act to create a Board of Public Charities,' approved the 24th day of April, A. D. 1869.

SECTION 1. Be it enacted, etc., That the statements required to be made by the inspectors, sheriffs or other persons having charge of any penitentiary or jail within this Commonwealth, under the provisions of the first section of the act approved the

act requiring the inspectors of prisons,
sheriffs, prothonotaries and clerks of crim-
inal courts and others to make annual re-
turns to the Secretary of the Common-
wealth, and for other purposes," skall
hereafter be made to the Board of Public
Charities of this Commonwealth; and that
it shall be the duty of the inspectors, sher-
iffs or other persons having charge of any
penitentiary or jail within this Common-
wealth to keep the records of the peniten-
tiary or jail under their charge, after forms
to be prepared for and furnished them by
the said Board of Public Charities, so that
the information and statistics intended to
be obtained by said first section of the act
of 27th February, 1847, and such other in-
formation and statistics as the said Board
of Public Charities may deem necessary,
may be presented with accuracy and uni-
formity.

SEC. 2. That it shall be the duty of said
inspectors, sheriffs or other persons to make
return of the statements required by the
first section of this act, to the said Board
of Public Charities, within ten days after
the first day of January, April, July and
October in each year, if required by said
board; and upon neglect or refusal to make
statements in the manner and at the times
required by this act, such inspector, sheriff
or other person, so neglecting or refusing,
shall forfeit and pay a fine of not less than
one hundred dollars, to be sued for and
collected by the general agent, in the name
of the Board of Public Charities, for the
use of the Commonwealth.

by the Secretary of the Commonwealth, be
and the same is hereby repealed.

SEC. 5. That the thirteenth section of the
act to which this is a supplement be and
the same is hereby repealed; and in lieu of
the corresponding secretary thereby au-
thorized to be appointed, the said Board of
Public Charities may engage and employ
such clerical assistance as they may re-
fifteen hundred dollars per annum.
quire, the expense thereof not to exceed

Approved 5th April, 1872.

AN ACT relating to foreign executors, ad-
ministrators, guardians and representa-
tives of decedents and wards.

SECTION 1. Be it enacted, etc., That it shall and may be lawful for any executor, administrator or other person representing dian or other legal representative of the tho estate of any decedent, or for any guarestate of a minor, acting under letters testamentary or of administration, or other authority, granted by or under the laws of any other State or Territory of the United States, or of any kingdom, state, sovereignty or country, to transfer any or all shares of stock and registered loan, or either, of any incorporated company of this Commonwealth standing in the name of any decedent minor, or cestui que trust, and to receive the dividends and interest, or either thereof, whenever a duly authenticated copy of the will, or other grant of authority under which such transfer or receipt is proposed to be made, shall have been filed in the office of the register of wills for the county in which such incorporated company has its transfer office or

SEC. 3. That it shall be the duty of the principal place of business; and all trans

overseers and directors of the poor, or other
persons having charge of the poor in the
several counties, cities, boroughs and town-
ships of this Commonwealth, and of all
directors and managers of charitable and
correctional institutions of the Common-

wealth, receiving State aid, to keep their

records after the manner and in the form

to be prescribed by the Board of Public
Charities, and to make returns thereof to
said board at such times as they may direct;
and in default thereof, the person or per-
sons so offending shall forfeit and pay a
fine of not less than one hundred dollars,
to be sued for and collected by the general
agent, in the name of the Board of Public
Charities, for the use of the Common-

wealth.

SEC. 4. That before any county prison or this Commonwealth, the plan of construccounty almshouse shall be erected within tion of such prison or almshouse, drawn sufficiently in detail for clear comprehension thereof, shall be submitted by the commissioners of the county in which the same ties, and shall be inspected and approved is to be built, to the Board of Public Chariby said board, and so certified by the secretary of said board upon the plan, a copy of which shall be furnished by the commissioners at the time of their submitting the original as aforesaid, and shall be signed by the secretary of said board, and shall be filed and remain in the office of the Secretary of the Commonwealth; and that so much of the first section of the act of April 8, 1851, as requires the report of plans of county prisons to be made to and approved

fers of stock or loans, or receipts for dividends or interest, heretofore made by any foreign executor, administrator, guardian, and others acting as aforesaid, are hereby validated.

A

Approved 8th April, 1872.

made by the commissioners of a county under the act of 29th March, A. D. 1824, and concerning the proving and recording of the same.

SUPPLEMENT to an act concerning deeds

SECTION 1. Be it enacted, etc., That any deed or deeds which have been heretofore or shall hereafter be executed by the commissioners of any county, in pursuance of the act of 29th of March, 1824, but which shall not have been acknowledged before a justice of the peace before delivery, shall upon proof of the execution thereof by the subscribing witness or witnesses thereto, as in case of ordinary deeds, be held to be as good and valid, for the purposes of record, as though such deed had been regularly Approved 9th April, 1872. acknowledged before delivery.

AN ACT for the better protection of the wages of mechanics, miners, laborers and others.

SECTION 1. Be it enacted, etc., That all moneys that may be due, or hereafter become due, for labor and services rendered by any miner, mechanic, laborer or clerk, from any person or persons, or chartered company, employing clerks, miners, mesees, contractors or under owners of any chanics or laborers, either as owners, lesness where clerks, miners or mechanics works, mines, manufactory or other busiare employed, whether at so much per diem

or otherwise, for any period not exceeding six months immediately preceding the sale and transfer of such works, mines, manufactories or business, or other property connected therewith in carrying on said business, by execution or otherwise, preceding the death or insolvency of such employer or employers, shall be a lien upon said mine, manufactory, business or other property in and about, or used in carrying on the said business, or in connection therewith, to the extent of the interest of said owners or contractors, as the case may be, in said property, and shall be preferred and first paid out of the proceeds of the

sale of such mine, manufactory, business or other property as aforesaid: Provided, That the claim of such miner, mechanic, laborer and clerk, thus preferred, shall not exceed two hundred dollars: And provided further, That this act shall not be so construed as to impair contracts existing or liens of record vested prior to its passage: And provided further, That no such claim shall be a lien upon any real estate unless the same be filed in the prothonotary's office of the county in which such real estate is situated, within three months after the same becomes due and owing, in the same manner as mechanics' liens are now filed.

SEC. 2. In all cases of executions, landlord's warrants, attachments and writs of a similar nature hereafter to be issued against any person or persons, or chartered company, engaged as before mentioned, it shall be lawful for such miners, laborers, mechanics or clerks to give notice in writing of their claim or claims, and the amount thereof, to the officers executing either of such writs, at any time before the actual sale of the property levied on; and such officers shall pay to such miners, laborers, mechanics and clerks, out of the proceeds of sale, the amount each is justly and legally entitled to receive, not exceeding two hundred dollars.

SEC. 3. In all cases of the death, insolvency or assignment of any person or persons, or chartered company, engaged in operations as hereinbefore mentioned, or of executions issued against them, the lien of preference mentioned in the first section of this act, with the like limitations and powers, shall extend to every property of said persons or chartered company.

SEC. 4. That no mortgage, or other instrument by which a lien is hereafter credited, shall operate to impair or postpone the lien and preference given and secured to the wages and moneys mentioned in the first section of this act: Provided, That no lien of mortgage or judgment entered before such labor is performed shall be affected or impaired thereby.

SEC. 5. That in all cases of appeal from the judgments of justices of the peace for wages or moneys mentioned in the first section of this act, the party appellant, his agent or attorney, shall make oath or affirmation that it is not for the purpose of delay that such appeal is entered, but because he firmly believes injustice has been done. The bail required in cases of appeal from the judgments of justices of the peace, and from the awards of arbitrators for the wages and moneys mentioned in the first section of this act, shail be bail absolute in double the amount of costs accrued and likely to

accrue in such cases, with one or more would allow the vendor to fille a bill for sufficient sureties, conditioned for the pay-specific performance, especially as the suit ment of the amount of the debt, interest and cost that shall be legally recovered in such case against the appellant.

SEC. 6. That all laws or parts of laws inconsistent herewith be and the same are hereby repealed.

Approved 9th April, 1872.

AN ACT securing to married women their separate earnings.

SECTION 1. Be it enacted, etc, That the

separate earnings of any married woman of the State of Pennsylvania, whether said earnings shall be as wages for labor, salary, property, business or otherwise, shall accrue to and inure to the separate benefit and use of said married woman, and be under the control of such married women

independently of her husband. and so as not to be subject to any legal claim of such husband, or to the claims of any creditor or creditors of such husband, the same as such married woman were a feme sole: Provided, That in any suit at law or in equity in which the ownership of such property shall be in dispute, the person claiming such property under this act shall be compelled, in the first instance, to show title and ownership in the same.

SEC. 2. That to prevent any fraudulent practices under this act, before any married woman shall be entitled to its benefits, she shall first present her petition, under oath or affirmation, to the Court of Common Pleas of the city or county where she resides, stating her intention of thereafter claiming the benefits of this act; whereupon the said court shall direct her petition aforesaid to be marked, filed and to be re. cordered in the office for recording deeds for such city or county; and such record shall be conclusive evidence of the right of such married woman to the benefit of the

first section of this act.

Approved 3d April, 1872.

DETERIORATION OF PURCHASED PROPERTY BETWEEN THE CONTRACT OF SALE AND COMPLETION OF PURCHASE.

It is an elementary principle of equity that the estate belongs to the purchaser from the date of the contract. Hence it follows that any increase or decrease of value of the estate subsequent to the contract is the gain or loss of the purchaser. If the contract be for the sale of a house, for example, and subsequently to the contract the house is burned down, the loss will fall on the purchaser; and the vendor will not be answerable, even though he chose not to renew the insurance, and let it expire on the day originally fixed for completion, without notice to the purchaser. (Paine v. Meller, 6 Ves. 349.) It was once suggested from the bench that if the estate was destroyed before the day fixed for completion, the purchaser would not be compelled to pay the purchase money, by reason of there being no estate left to be conveyed; as where the contract was to sell a lease for two lives, and both lives dropped pending completion. (White v. Nutt, 1 Wms. 62.) But this is not now the rule (Sugd. Vend. & Purch. 14th ed. p. 291) although it may be doubted whether in such a case the principle of mutual remedy

would be brought for a mere money demand. However this may be, it is clear that any deterioration of the estate, occasioned by whatever cause, if neither party be in default, will be on the purchaser. Thus it has been laid down that, wherever between the contract and completion a loss arises from any inevitable accident, which brings with it some legal obligation which must be immediately satisfied, any expense necessarily incurred by the vendor in relation thereto is payable by the purchaser. For example, where a part of the premises contracted to be sold fell down pending the completion of the contract, and the vendor was threatened with actions in consequence of the dangerous condition of the remainder, and was necessitated to reinstate the premises at his own expense, Lord Langdale, M. R., held that the purchaser was liable to indemnify the vendor against his outlay. (Robertson v. Shelton, 12 Beav. 260.)

There may of course be special circumstances under which the depreciation of the estate will be the loss of the vendor (Harford v. Purrier, 1 Madd. 532), but in the ordinary run of cases the loss will fall on the equitable owner rather than on the vendor in possession, if neither party be in defauit.

The above principle involves the assumption that the vendor has a good title to convey at the date of the contract. In no case where the estate is destroyed will specific performance be enforced unless the title be good, or the purchaser has, previously to the accident, waived any objections to it. (Sugd. Vend. & Pur. 14th ed. p. 292.) Nor will the depreciation of the estate be tho loss of the purchaser, unless he has accepted the title, or it be such that he ought to have accepted it, where completion is resisted. In Wyvill v. Bishop of Exeter (1 Price, 294) the Court of Exchequer considered that after loss pending completion, specific performance could not be enforced unless the title had been actually accepted. This, however, is not sound doctrine. (Sugd. Vend. & Pur. 14th ed. p. 293.) The purchaser's liability to bear the loss is the consequence of the contract. Whether there has been loss or not, the question is the same, namely, does a binding contract exist? If the purchaser has accepted the title he is liable. If he has not accepted, but ought to have accepted it-i. e., if his objections prove unfounded, he is equally liable. If he has not accepted the title. and his objections prove well founded, he is not liable, and why? Because, if the vendor has no title, there is no contract. A purchaser will not be compelled to take the estate, in the event of loss, without an allowance, unless the vendor could have forced him to take the estate if the loss had not happened. The question is not as was thought in Wyvill v. Bishop of Exeter (sup.) whether the contract was accepted; but whether, if it was not accepted, it ought to have been accepted before the loss.

In Paine v. Meller (sup.) the contract, owing to defects in the title, could not be completed on the day fixed for completion, and the purchaser might, if he had so chosen, have put an end to the contract. The

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