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the defendants named be not served, and the cause may proceed against defendants in fact served, though the goods and chattels be not found.

Section 10. No action shall be brought upon any Action on bond. bond given in accordance with the provisions of this act unless commenced within five years after the final determination of the suit in which the bond was given. Section 11. This act shall not apply to any actions brought before the date hereof.

Section 12. The courts of common pleas may make general rules governing the proceedings under this act, not inconsistent herewith.

Application of

act.

Rules of court.

Section 13. All acts or parts of acts inconsistent Repeal. herewith be and the same are hereby repealed.

Approved-The 19th day of April, A. D. 1991.

WILLIAM A. STONE.

No. 62.

AN ACT

An act to prevent the adulteration of, and deception in the sale of, linseed or flaxseed oil.

The manufacture

oil regulated.

Section 1. Be it enacted, &c., That no person, firm or corporation shall manufacture or mix for sale, sell and sale of linseed or offer for sale, under the name of raw linseed oil, any article which is not wholly the product of commercially pure linseed or flaxseed. Nor shall any person, firm or corporation manufacture or mix for sale, sell or offer for sale, under the name of boiled linseed oil, any article unless the oil from which said article is made be wholly the product of commercially pure linseed or flaxseed, and unless the same has been heated to at least two hundred and twenty-five degrees, Fahrenheit.

Section 2. Nothing in this act shall be construed as prohibiting the sale or manufacture of any compound of linseed or flaxseed oil: Provided, That such com- Proviso. pound, if it imitates in appearance and is designed to take the place of linseed or flaxseed oil, shall not be manufactured or mixed for sale, sold or offered for sale, under the name or description containing the words "linseed oil" or "flaxseed oil."

Violation of this

meanor.

Section 3. Any person, firm or corporation who shall violate any of the provisions of this act shall be deemed act a misdeguilty of a misdemeanor, and upon conviction thereof shall be punished for each and every such violation

with a fine of not less than fifty dollars nor more than Fine and penalty. five hundred dollars, and, in default of the payment of

Duty and power of Secretary of Agriculture.

Fixed penalty.

How recoverable.

Injunction.

such fine, shall be committed to the county jail for a period of not less than thirty days.

Section 4. It shall be the duty of the secretary of agriculture to enforce the provisions of this act. The said secretary and his assistants, experts and chemists, and other appointed by him, shall have access, ingress and egress to and from all places of business and buildings where linseed or flaxseed oil is kept for sale or stored. They shall also have the power and authority to open any tank, barrel, can or other vessel containing such oil, and may inspect the contents thereof and take samples therefrom for analysis.

Section 5. Any person, firm or corporation who shall violate any of the provisions of this act shall, in addition to the fines herein previously described for each offense, forfeit and pay a fixed penalty of one hundred dollars. Such penalty shall be recovered, with costs, in any court of the State having jurisdiction thereof, in an action to be prosecuted in the name of the people by the secretary of agriculture or by any of his assistants, and shall be devoted to the payment of the expenses of the department of said secretary. In any action commenced for the recovery of such penalties, an application may be made on the part of the plaintiff to a court of competent jurisdiction, or any judge thereof, for an injunction to restrain the defendant, his agents, servants and employes, from the further violation of this act during the pendency of the action; and it shall be the duty of such court, or judge, to grant the injunction, in the same manner as injunctions are usually granted under the rules and practice of such court, upon proof by affidavits that the defendant has been guilty of such violation either before or after the commencement of the action. In case the plaintiff shall recover judgment for the penalty or penalties demanded in the complaint, the judgment shall contain a permanent injunction restraining the defendant, his agents, servants and employes, from any further violation of the section or sections on which the recovery is obtained.

Approved-The 23d day of April, A. D. 1901.
WILLIAM A. STONE.

No. 63.

AN ACT

To amend the ninth section of an act, entitled "An act for the taxation of dogs and the protection of sheep," approved the twenty-fifth day of May, one thousand eight hundred and ninety-three.

Section 1. Be it enacted, &c., That section nine of an act, entitled "An act for the taxation of dogs and

the protection of sheep," approved the twenty-fifth day of May, one thousand eight hundred and ninetythree, which reads as follows:

“That at the end of each year if any such treasurer shall have in his hands moneys collected for the payment of claims as hereinbefore mentioned, more than two hundred dollars, after the payment of all such claims, he shall immediately pay the same into the county or city fund to be used for county or city purposes," ," be and the same hereby is amended so as to read as follows:

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How balance in

hands of treasurer

at end of year

shall be disposed

That at the end of each year if any such treasurer shall have in his hands moneys collected for the payment of claims as hereinbefore mentioned, amounting of. to more than two hundred dollars, after the payment of all such claims, he shall immediately pay such excess over two hundred dollars to the school funds of the dif ferent townships, boroughs and cities of the county, dividing the same ratably with the amounts of taxes on dogs received from the different townships, boroughs and cities of the county, during said year.

Approved-The 23d day of April, A. D. 1901.

WILLIAM A. STONE.

No. 64.

AN ACT

Entitled an act to amend an act, entitled "An act authorizing the school directors or controllers of the several school districts of this Commonwealth to establish and maintain, out of the public school treasury, free kindergartens for children between the ages of three and six years, residing in their districts.

Section 1. Be it enacted, &c., That the act before referred to (Pamphlet Laws, No. 17, page 22), approved the fourteenth day of April, one thousand eight hundred and ninety-seven, which reads as follows:

Act of April 14, amendment.

1897, cited for

"Section 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the school directors or controllers of the several school districts of this Commonwealth may establish and maintain, out of the public school treasury, free kindergartens Free kindergarfor children between the ages of three and six years, residing in their districts," shall be and is hereby amended to read as follows:

Section 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania

tens.

Proviso.

in General Assembly met, and it is hereby enacted by
the authority of the same, That the school directors
or controllers of the several school districts of this
Commonwealth may establish and maintain, out of the
public school treasury, free kindergartens for children
between the ages of three and six years, residing in
their districts, and may co-operate with and assist
kindergartens that have been or may hereafter be estab-
lished by other non-sectarian agencies: Provided, how-
ever, That the provisions of this act shall not apply to
school districts in which kindergartens have been, are
now, or hereafter may be, established and maintained by
said school district.

Approved-The 23d day of April, A. D. 1901.
WILLIAM A. STONE.

Portion of section

1 of act of March

repeal.

No. 65.

AN ACT

To repeal so much of section one of an act, entitled "An act to promote the more certain and equal assessment of taxes in Philadelphia," approved March fourteenth, one thousand eight hundred and sixty-five, as relates to the appointment of members of the board of revision of taxes in said county; to repeal an act, entitled "A supplement to an act, entitled 'An act to promote the more certain and equal assessment of taxes in Philadelphia,' approved the fourteenth day of March, Anno Domini one thousand eight hundred and sixty-five," approved March twenty-seventh one thousand eight hundred and sixtyfive; to repeal section one of an act, entitled "A further supplement to an act, entitled 'An act to promote the more certain and equal assessment of taxes in Philadelphia,' approved March fourteenth, one thousand eight hundred and sixty-five," approved February second, one thousand eight hundred and sixty-seven; and to repeal all other legislation pertaining to the board of revision of taxes inconsistent with the election of members thereof by the people.

Section 1. Be it enacted, &c., That so much of section one of an act, entitled "An act to promote the more certain and equal assessment of taxes in Philadelphia," approved March fourteenth, one thousand eight hundred and sixty-five (Pamphlet Laws three hundred and twenty), as reads as follows:

"That the courts of common pleas of Philadelphia 14, 186, cited for county shall, once in every three years before the time of the revision of the taxes for the succeeding year, and as often as vacancies shall occur, appoint two persons, deemed the most competent, who, with the senior city commissioner for the time being, shall compose the board of revision of taxes of the county," be and the same is hereby repealed.

Act of March 27, 1865, repealed.

Section 2. That an act, entitled "A supplement to an act to promote the more certain and equal assess

ment of taxes in Philadelphia," approved the fourteenth day of March, Anno Domini one thousand eight hundred and sixty-five, approved March twenty-seventh, one thousand eight hundred and sixty-five, Pamphlet Laws seven hundred and eighty-six, be and the same is hereby repealed.

Section 3. That section one of an act, entitled "A further supplement to an act, entitled 'An act to promote the more certain and equal assessment of taxes in Philadelphia,' approved March fourteenth, one thousand eight hundred and sixty-five," approved February second, one thousand eight hundred and sixty-seven, Pamphlet Laws one hundred and thirty-seven, be and the same is hereby repealed.

Section 1 of act of

February 2, 1867,

repealed.

Section 4. That all other acts of Assembly of this Repeal. Commonwealth, and parts of acts thereof, providing for the appointment of members of the board of revision of taxes in the county of Philadelphia, be and the same are hereby repealed.

Approved the 24th day of April, A. D. 1901.

WILLIAM A. STONE.

No. 66.

AN ACT

To provide for the election of the members of the board of revision of taxes in any county co-extensive in boundary with a city of the first class, and to provide for the filling of vacancies therein.

bers of the board.

Section 1. Be it enacted, &c., That at the election Election of memheld on the Tuesday next following the first Monday of November, one thousand nine hundred and one, and each three years thereafter, there shall be elected in each county co-extensive in boundary with a city of the first class three persons, to serve as members of the board of revision of taxes for the period of three years Term of office. beginning on the first Monday of January succeeding their election. Each of the qualified electors of said county shall be entitled to vote for two of said members only, and the three having the highest number of votes shall be declared elected. Vacancies in said Vacancies. board shall be filled by the Governor, in the manner and for the period provided by section eight of article four of the Constitution of this Commonwealth, and the persons elected thereafter shall hold this office

until the expiration of the vacant term only. Appoint Appointments ments shall in all cases be made from the political party which elected the member the balance of whose

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