HARBOR REGULATIONS.

See HARBOR MASTER; NAVIGATION; PORT REGULATIONS; PORT WARDENS; Stevedores.

1. Registry and clearing of vessels.

2. All vessels over seventy tons burden to be registered.

3. Signal-light to be exhibited after sunset. Penalty for omission. Appeal.

4. How penalties recoverable. Informer a competent witness. Non-joinder. Limitation.

5. Use of fire prohibited on vessels moored at wharves near which petroleum is stored.

6. Penalty for violation. Jurisdiction. Appeal. 7. Lights to be kept burning on bridges, aqueducts and other structures spanning the Allegheny river.

8. And on bridges and other structures over the Monongahela river.

9. Penalty for neglect. Proceedings. Limitation.

20 May 1864 § 4. 1. The captains of all vessels arriving in the port of Philadelphia shall enter P. L. 907. such vessels at the warden's office in a book kept for the entry and clearance of Registry and clear- vessels, within twenty-four hours next after their arrival; and when such vessels shall be outward-bound, it shall also be his duty to clear such vessel at said office under the same rules, regulations, fees and penalties (g) as are now provided by law.

ing of vessels.

15 June 1871 § 1. P. L. 390.

Vessels over 75

tons burthen, to report to wardens.

30 April 1844 § 1. P. L. 551.

Signal-light to be exhibited after sunset.

Penalty for omission.

Appeal.

Ibid. § 2. How penalties recoverable.

Informer a competent witness. Suit not to abate

for nonjoinder of

all the owners.

Limitation.

17 April 1878 § 1. P. L. 23.

Use of fire pro

hibited on vessels

moored at wharves

near which petro

leum is stored.

tion.

Ibid. § 2.

2. All vessels over seventy-five tons burthen shall, within twenty-four hours after arrival at the port of Philadelphia, report and register at the office of the board of wardens for said port; and all proceedings for neglect to obey the harbor regulations, as at present existing, shall be held before any justice of the peace or alderman of the city of Philadelphia; and the proceedings for the enforcement of penalties, in all cases, shall be commenced by capias.

3. If the master of any vessel or craft, navigating the river Delaware after sunset, shall omit to exhibit a visible signal-light, at least ten feet above the deck of the said vessel or craft, such master, or the owner or owners, or any of them, of such vessel or craft, shall, for every such offence, forfeit and pay any sum not less than ten, nor more than fifty dollars; one moiety whereof shall go to the person giving information of the commission of such offence, and the other moiety to the treasury of the county where such offence shall have been committed: Provided, That the party aggrieved shall have a right to appeal to the next court of common pleas of the county wherein the offence was committed.

4. The said penalty may be recovered before any alderman or justice of the peace, in the same manner as sums not above one hundred dollars are now by law recovered; and in any suit or action brought to recover the same, the informer shall be a competent witness, leaving his credibility, as in other cases, to be judged of by the proper authority determining the same; and no such suit or action shall be abated, nor a nonsuit therein ordered, on account of the names of all the owners of any such vessel or craft not being embraced as defendants, but it shall be lawful to bring and sustain any such suit or action, against any one or more of the said owners, or the master of said vessel, at the option of the informer: Provided, That no suit or action shall be brought against any person for the penalty incurred by a violation of the provisions of this act, after the expiration of thirty days from the commission of the offence.

5. It shall not be lawful for the owner, master, officers or crews of any ship or vessel of any kind, or for any other person whomsoever, to have or use, or suffer or permit to be had or used, on board of any such ship or other vessel, whilst lying at or within one hundred and fifty feet of any maritime wharf, in any city or port of this commonwealth, at or near to which petroleum is kept or stored for exportation, any fire or light, or lighted cigar or pipe, of any kind whatsoever, without the written permission, duly signed by the owner, lessee or superintendent of the wharf at which the vessel is lying, shall have been for that purpose first had and obtained; and such permission shall particularly designate and describe the kind of fire or light, and the mode and the manner of using the same; and the use thereof shall be limited strictly to the particular fire or light mentioned and described in the said permission.

6. If any person shall knowingly violate the provisions of the preceding section Penalty for viola- hereof, he shall be guilty of a misdemeanor, and upon being thereof duly convicted, be sentenced to undergo an imprisonment not exceeding six months, and to pay a fine not exceeding fifty dollars, or either or both, at the discretion of the court; such fine to be appropriated one-half thereof to the informer, and one-half thereof to the use of the public schools of the county in which such conviction shall take place. And the jurisdiction of magistrates of the police courts and of justices of the peace is hereby extended to the hearing and determination of all cases arising under this law; and from their decision no appeal shall be allowed, unless the

Jurisdiction of justices.

Appeal regulated.

(g) By resolution of 5 March 1883, the penalty is from ten to fifty dollars.

P. L. 23.

defendant shall become bound to the commonwealth, with two sufficient sureties, 17 April 1875 § 2. in a sum sufficient to secure the said penalty and all costs, conditioned that the defendant shall prosecute his appeal with effect, and if the decision of the magistrate or justice of the peace is affirmed, the defendant shall pay the amount of the penalty and all costs.

P. L. 878.

&c., over the Alle

7. It shall be the duty of all persons, corporations, companies, or any other per- 30 March 1860 § 1. son or persons whatever, having or owning, or who may hereafter have or own any bridge, or aqueduct, or any other structure spanning the Allegheny river, and Lights to be kept resting upon piers or other support in said river, at any point or place thereon burning on bridges between its confluence with the Monongahela river and Warren, Warren county, gheny river. Pennsylvania, to keep a light or lights burning on each pier, at all hours of the night, when the said river is in navigable stage for boats or rafts, so that said light or lights may be readily seen by persons descending said river, at all hours between dark in the evening, and daylight in the morning.

Ibid.

&c., over the

8. All companies or corporations having or owning, or which may hereafter have or own any bridge or other structure spanning the Monongahela river between its confluence with the Allegheny river and the borough of Elizabethtown, in the And over bridges, county of Fayette, are hereby required to keep a light or lights burning from dark Monongahela. till daylight, throughout the night, on each pier of each bridge or structure, so that said light or lights may be readily seen at all hours of the night by persons navigating said river.

Ibid. § 3.

9. Any person or persons, corporations or company whatever as aforesaid, who shall neglect or refuse to conform to the spirit and intent of this act, as contained in the first section, shall, for every such omission, neglect or refusal, become liable Penalty for neglect. to pay any sum not exceeding one hundred dollars, and pay all damages that may happen from said refusal or neglect; one-half of said fine shall go to the person that shall sue therefor, and the other half shall be paid into the school fund of this commonwealth; which suits may be brought in the name of the commonwealth Proceedings. of Pennsylvania, in any county in which either or both ends of such bridge, aqueduct or structure as aforesaid may be: Provided, That no suit shall be brought Limitation. under the provisions of this act, after ninety days after the cause of action may accrue And provided further, That nothing contained herein shall be so construed as to affect the liabilities of any such companies, corporations, person or persons as aforesaid, to the owner or owners of said craft, boat or raft, for injuries sustained by them, by reason of such bridge, aqueduct or structure as aforesaid, under existing law.

HAY AND STRAW.

See CRIMES.

1. Weight to be marked on bale. Penalty.

2. Including other substances in the weight to be a misdemeanor. Penalty.

485.

1. It shall not be lawful for any person to offer or sell or offer for sale within Ord. 31 Dec. 1875, the city of Philadelphia any hay or straw by the bale unless the exact gross and net weight shall be legibly and distinctly marked on every such bale of hay or straw, under a penalty of ten dollars for each bale of hay or straw so sold or offered for sale, in contravention of the provisions of this ordinance.

8 May 1976 § 1. P. L. 136.

2. Any person or persons within this commonwealth who shall sell, or cause to be sold or exchanged, in any manner whatsoever, baled hay, straw or other material of a like nature, by weight, and shall include in the weight of said baled hay, Including other straw or other substance of a similar nature, any concealed or exposed matter, for substances in weight. the purpose of increasing the weight, shall be guilty of a misdemeanor; and on being convicted thereof, shall be fined not exceeding one hundred dollars, and be imprisoned not exceeding six months, either or both, at the discretion of the

court.

3 June 1885 § 1. P. L. 56.

Governor to appoint state board of health. Qualifications.

Terms.

Vacancies during recess to be filled

by the governor.

Ibid. § 2.

Terms to be determined by lot.

To be sworn.

Certificate.

Organization.

Secretary.

President.

Serve without compensation.

Ibid. § 3.

Secretary shall be

the executive officer.

Powers.

Salary.

How paid.

P. L. 56.

seminate information. Sanitary inspections. Amendments to sanitary laws.

6. Abate nuisances and enforce quarantine regulations.

7. Violation of orders of.

8. Registration of births, marriages and deaths. Duties of secretary. Apartments and stationery. 9. Duty of local boards and health officers. Public institutions to furnish information. Public resorts. 10. May engage special assistants.

11. Annual report to governor. Limitation of ex

penses.

I. State board.

1. The governor, by and with the advice and consent of the senate, shall appoint six persons, a majority of whom shall be physicians, of good standing, graduates of regularly chartered and legally constituted medical colleges, and of not less than ten years' experience in the practice of their profession, and one of whom shall be a civil engineer, who, together with the secretary, the mode of whose appointment is hereinafter provided for, shall constitute and be designated as the state board of health and vital statistics of the commonwealth of Pennsylvania. Of the six persons first appointed, two shall serve for two years, two for four years, and two for six years from the first day of July next following their confirmation; and the governor shall thereafter biennially appoint, by and with the advice and consent of the senate, two persons of the same profes sions as those whose terms of office have just expired, to be members of said board, to hold their offices for six years from the first day of July next following their confirmation, and until their successors are appointed, excepting the secretary, who shall continue in office as hereinafter provided, but any member may be re-appointed. Any vacancy occurring in said board during a recess of the legislature shall be filled by the governor until the next regular session of the

same.

2. As soon as possible after the appointment of the first six persons as aforesaid they shall meet in the office of the secretary of the commonwealth and shall proceed, under the direction of the latter officer, to determine by lot which of them shall serve for the respective terms of two, four and six years. Before entering upon the duties of the office they shall take the oath prescribed for state officers by the constitution of the state, and shall file the same in the office of the secretary of the commonwealth, who, upon receiving the said oath of office, shall issue to each a certificate of appointment for his respective term of office determined as aforesaid, upon receiving which they shall possess and exercise the powers and perform the duties of said board as defined in this act. Immediately after having taken the oath of office they shall organize by electing one of their number to be president, and by appointing a proper person who shall be a phy sician of good standing, of not less than ten years' professional experience, and a graduate of a legally constituted medical college, to be secretary of said board, who shall hold his appointment until removed by the appointment of his successor or otherwise. The board may elect one of its own members secretary, in which case the vacancy thus created shall be filled by the governor in the same manner as a vacancy caused in any other way. The president shall be elected annually. No member of the board, except the secretary, shall, as such, receive any salary; but the actual travelling and other expenses of any member, while engaged on the actual duties of the board, shall be allowed and paid on presentation to and approval of the auditor-general of an itemized account with vouchers annexed

3. The secretary shall be the executive officer of the board and shall have all the powers and privileges of a member of said board, except in regard to voting upon matters relating to his own office and duties as secretary. He shall receive an annual salary of two thousand dollars, which shall be paid him in the same manner that salaries of other state officers are paid, and such necessary expenses as the auditor-general shall audit on presentation of an itemized account, with vouchers annexed, and the certificate of the board shall be allowed him.

3 June 1885 § 4. 4. The said board shall meet at least once every six months, and may also hold special meetings as frequently as the proper and efficient discharge of its duties shall require, in the capitol building at Harrisburg (unless otherwise ordered), and the rules or by-laws of the board shall provide for the giving of proper and

Meetings.

P. L. 56.

timely notice of all such meetings to every member of the board. The secretary 3 June 1885 § 4. of internal affairs shall provide and furnish such apartments and stationery as said board may require in the discharge of its duties. A majority of the members Notice. of the board shall, at any regular called or adjourned meeting, organize and consti- Room, stationery, tute a quorum for the transaction of business.

&c.

Ibid. § 5.

board.

5. The state board of health and vital statistics shall have the general super- Quorum. vision of the interests of the health and lives of the citizens of the commonwealth, and shall especially study its vital statistics. It shall make sanitary investigations Duties of the and inquiries respecting the causes of disease, and especially of epidemic diseases, including those of domestic animals, the sources, mortality and the effects of Sanitary investilocalities, employments, conditions, habits, food, beverages and medicine on the gations. health of the people. It shall also disseminate information upon these and similar subjects among the people. It shall, when required by the governor of the Disseminate inforlegislature, and at such other times as it deems it important, institute sanitary inspections of public institutions or places throughout the state. It shall codify Sanitary inspecand suggest amendments to the sanitary laws of the commonwealth, and shall Amendments to have power to enforce such regulations as will tend to limit the progress of epidemic the sanitary laws. diseases.

mation.

tions.

Ibid. § 6.

6. In cities, boroughs, districts and places having no local board of health or in case the sanitary laws or regulations in places where boards of health or health Abate nuisances officers exist, should be inoperative, the state board of health shall have power and and enforce quarauthority to order nuisances, or the cause of any special disease or mortality, to be antine regulations. abated and removed, and to enforce quarantine regulations as said board shall direct.(i)

7. Any person who shall fail to obey or shall violate such order shall, on conviction, be sentenced to pay a fine of not more than one hundred dollars at the discretion of the court.

Ibid.

Penalty for violation of orders. Ibid. § 7.

General super

and deaths, &c.

8. It shall be the duty of the state board of health and vital statistics to have the general supervision of the state system of registration of births, marriages and deaths, of prevalent diseases and of practitioners of medicine and surgery, to vision of state sysprepare the necessary methods, forms and blanks for obtaining and preserving tem of registration such records, and to insure the faithful registration of the same in the several of births, marriages counties and in the central bureau of vital statistics at the capitol of the state. The said board shall recommend such forms and amendments of laws as shall be deemed to be necessary for the thorough organization and efficiency of the registration of vital statistics throughout the state. The secretary of the state board of Position and duties health and vital statistics shall be the superintendent of registration of vital of secretary. statistics as supervised by said board. The clerical duties and safe-keeping of the

bureau of vital statistics thus created shall be provided for by the secretary of Apartments and internal affairs, who shall also provide and furnish such apartments and stationery stationery. as said board shall require in the discharge of such duties.

to furnish all

9. It shall be the duty of all health officers and boards of health in the state Ibid. § 8. to communicate to said state board of health copies of all their reports and pub- Duty of all health lications, and also such sanitary information as may be requested by said board. officers and boards And said board is authorized to require reports and information (at such times of health. and of such facts and generally of such nature and extent as its by-laws or rules Public institutions may provide), from all public dispensaries, hospitals, asylums, infirmaries, needed reports and prisons and schools, and from the managers, principals and officers thereof, and information. from all other public institutions, their officers and managers, and from the proprietors, managers, lessees and occupants of all places of public resort in the Public resorts. state; but such reports shall only be required concerning matters or particulars in respect of which it may in its opinion need information for the proper discharge of its duties.

P. L. 273.

10. Said board may, from time to time, engage suitable persons to render sani- 23 May 1889 § 1. tary service or to make or supervise practical and scientific investigations and examinations requiring expert skill and to prepare plans and reports relative Special assistants. thereto; but no more than four thousand dollars shall be expended in any one Expenditures inyear for such special sanitary service.(k) Ibid. § 2.

creased.

11. It shall be the duty of said board, on or before the first Monday of December, in each year, to make a report in writing to the governor of this state upon Annual report. the sanitary condition and prospects of the state, and such report shall set forth the action of the said board and its officers and agents and the names thereof for the past year, and may contain other useful information pertinent to the objects for which it was created, and shall suggest any further legislative action or precaution deemed proper for the better protection of life and health; and the annual report of said board shall also contain a detailed statement of the state treasurer of all moneys paid out by or on account of said board, and a detailed statement of the manner of its expenditures during the year last past, but its total expenditures Total expendishall not exceed the sum of ten thousand dollars in any one year.(1)

(i) The board has no authority to prescribe penalties in cases of special regulations under this section. In re State Board, 1 C. C. 58.

tures increased.

(k) This is an amendment of the 9th section of the act 24 June 1885, P. L. 157.

(7) This is an amendment of the 10th section of the act 24 June 1885, P. L. 157.

HEATING COMPANIES.

See GAS, LIGHT, HEAT AND FUEL COMPANIES.

HIGHWAYS.

See BOROUGHS; MUNICIPAL CORPORATIONS; ROADS, HIGHWAYS AND BRIDGES.

HOLIDAYS.

1. Days and half days to be observed as legal fall on Sunday, Payment of bills and notes on such holidays. days.

2. When bills, notes, &c., are payable.

3. Bills and notes received for collection on Saturday.

4. Saturday to be a business day until noon. 5. Execution of writs not to be prevented on Saturday afternoon. Banks may keep their doors

31 May 1893 § 1. P. L. 188.

to be observed as legal holidays.

7. Saturday to be observed when Memorial day falls on Sunday.

8. Bills, notes, &c., which become due on Sunday to be payable on next business day.

9. All days to be regarded as business days for all other purposes.

10. Spring and fall election days designated as legal half-holidays.

1. The following days and half days, namely: the first day of January, commonly called New Year's day; the twenty-second day of February, (n) known as Days and half days Washington's birthday; Good Friday; the thirtieth day of May, known as Memorial day; the fourth of July, called Independence day; the first Saturday in September, known as Labor day; the first Tuesday after the first Monday of November, Election day; (0) the twenty-fifth day of December, known as Christmas day; and every Saturday after twelve o'clock noon until twelve o'clock midnight, each of which Saturdays is hereby designated a half-holiday, and any day appointed or recommended by the governor of this state or the president of the United States as a day of thanksgiving or fasting and prayer or other religious observance shall, for all purposes whatever as regards the presenting for payment or acceptance, and as regards the protesting and giving notice of the dishonor of bills of exchange, checks, drafts and promissory notes, made after the passage of this act, be treated and considered as the first day of the week, commonly called Sunday, and as public holidays and half-holidays.

Ibid.

&c., are payable.

2. All such bills, checks, drafts and notes otherwise presentable for acceptance When bills, notes, or payment on any of the said days shall be deemed to be payable and be presentable for acceptance or payment on the secular or business day next succeeding such holiday or half-holiday, except checks, drafts, bills of exchange and promissory notes, payable at sight or on demand, which would otherwise be payable at any half-holiday Saturday, shall be deemed to be payable at or before twelve o'clock noon of such half-holiday: Provided, however, That for the purpose of protesting or otherwise holding liable any party to any bill of exchange, check, draft or promissory note, and which shall not have been paid before twelve o'clock noon of any Saturday designated a half-holiday, as aforesaid, a demand or acceptance or payment thereof shall not be made and notice or protest or dishonor thereof shall not be given until the next succeeding secular or business day.

Ibid.

3. When any person, firm, corporation or company shall, on any Saturday desigBills and notes re-nated a half-holiday, receive for collection any check, bill of exchange, draft or ceived for collec- promissory note, such person, firm, corporation or company, shall not be deemed guilty of any neglect or omission of duty, nor incur any liability in not presenting for payment, or acceptance, or collection, such check, bill of exchange, draft or promissory note on that day.

tion on Saturday.

Ibid.

4. In construing this section every Saturday designated a half-holiday shall, Saturday to be a until twelve o'clock noon, be deemed a secular or business day, and the days and business day until half-holidays aforesaid, so designated as holidays and half-holidays, shall be considered as public holidays and half-holidays for all purposes whatsoever as regards the transaction of business.

noon.

Ibid.

5. Nothing herein contained shall be construed to prevent or invalidate the Execution of writs, entry, issuance, service or execution of any writ, summons, confession of judgment

(n) The prothonotary can enter judgment on a judgment note on the 22 February. Payne v. Fresco, 17 W. N. C. 502.

(0) The act 23 May 1893, P. L. 111, infra 10, made both election days but legal half-holidays.