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No. 81.

AN ACT

To protect children, and making it a misdemeanor to place free or trial samples of medicines, dyes, ink, coloring or polishing compounds, in any form, where children can secure the same. Section 1. Be it enacted, &c., That it is hereby made unlawful for any person or persons to distribute any free or trial samples of any medicines, dyeing, ink, coloring or polishing compounds, or any of them, in any form of preparation, upon the ground, sidewalks, porches, into yards, or into or under doors or windows, or in any way or manner, that children may get possession of or secure the same.

Section 2. That any person or persons found guilty of a violation of any of the provisions of section one

Distribution of medicines, dyes, etc., unlawful.

trial samples of

of this act shall be deemed guilty of a misdemeanor, Misdemeanor. and shall upon conviction thereof before any alderman

or justice of the peace be fined in a sum not exceed

ing twenty dollars,-said fine for the use of the county Fine. in which the conviction is had,--or not more than

twenty days imprisonment in the county jail, at the Penalty. discretion of the officer before whom such person or

persons may be convicted.

adults.

Section 3. That any person or persons who shall dis- Distribution to tribute any such free or trial samples, as named in section one of this act, to adult persons only, shall not come within the provisions of this act.

Approved-The 2d day of May, A. D. 1901.

WILLIAM A. STONE.

No. 82.

AN ACT

Providing that where any corporation or surety company becomes surety in any bond or other obligation given by any officer or contractor to any borough, city or other municipality, action, suit or other legal proceeding upon said bond or obligation may be brought in the county in which the respective borough, city or other municipality is situate, and also providing for the service of the summons and other proccss connected therewith.

Section 1. Be it enacted, &c., That it shall be lawful for any borough, city or other municipality of this Commonwealth, to which is given the bond or other obligation of any officer thereof for the performance of his duties, or the bond or other obligation of any contractor therewith for the performance of his contract,

Action or sult upon bond may be brought in county in which municipality is situated.

Service of summons or process.

On officers.

At residence.

Upon registered agent.

Within county where writ issues.

Within other counties.

Mileage.

in which bond or obligation any corporation or surety company is the surety, to bring any suit, action or other legal proceeding upon said bond or obligation in the county in which the respective borough, city or other municipality is situate, with like effect as if the said corporation or surety company were a resident of the said county.

Section 2. The summons or other process shall be served upon the said corporation or surety company defendant by reading the same in the hearing of any president, vice president, secretary, chief clerk, treasurer, or in the hearing of any other officer of said company, or of any director or agent thereof; or by giving any of the aforesaid officers or agents notice of the contents of said summons or other process, and giving him a true and attested copy thereof. If any of the aforesaid officers or agents cannot conveniently be found, then such service may be made by leaving a true and attested copy of the summons or other process at the dwelling house of such officer or agent, with an adult member of the family; and if said officer or agent resides in the family of another, then said attested copy may be left with an adult member of the family with which such officer or agent resides. Where the corporation or surety company defendant is a foreign corporation, authorized to do business in this State, the summons or other process may be served in the manner provided by law for the service of a summons upon any duly appointed and registered agent of said foreign corporation or company, resident in this State.

Section 3. The said summons or other process, hereinbefore provided for, shall be served by the sheriff or his deputy within the county in which the writ issues; but when the corporation, surety company, or the officers or agents thereof, are non-residents, the said sheriff shall deputize to serve said sumomns or other process the sheriff of any other county in which the corporation or surety company defendant is located, or the officers thereof reside; or in which the registered State agent is resident, in cases where a foreign corporation or surety company is defendant; but the mileage for service in the latter cases shall be computed only from the county seat in which the said deputized sheriff resides.

Approved-The 2d day of May, A. D. 1901.

WILLIAM A. STONE.

No. 83.

AN ACT

To amend section one of an act, entitled "A supplement to the act regulating boroughs, approved April third, one thousand eight hundred and fifty-one," approved the twenty-second day of April, Anno Domini one thousand eight hundred and fiftysix, and providing for the opening of sidewalks along lands abutting on turnpike roads, and ascertaining the benefits and damages caused thereby.

Section 1. Be it enacted, &c., That section one of an act of Assembly, entitled "A supplement to the act regulating boroughs, approved April third, one thousand eight hundred and fifty-one," approved the twenty-second day of April, Anno Domini one thousand eight hundred and fifty-six, which reads as follows:

"Section 1. That hereafter, whenever the burgesses and town council of any borough shall open, or be about to open any streets or alleys therein, or to widen or extend the same, it shall be lawful for said burgesses and council, or a majority of them, to apply by petition to the court of quarter sessions of the peace of the proper county, setting forth the facts and describing the locality of such streets or alleys, and praying said court to appoint seven disinterested freehold. ers of such borough, who after being first duly sworn or affirmed to perform their duties under this act with impartiality and fidelity, having regard to both the advantages and disadvantages caused to the several properties along the line of and adjoining said streets and alleys, and shall assess and allow to all persons injured thereby, such damages as they shall have sustained respectively, over and above all advantages, and shall also make assessments for contribution upon all such properties as shall be benefitted by the opening, widening or extension of said streets and alleys, such sums respectively as they may have been benefitted over and above all disadvtanges," be and the same is hereby amended so as to read as follows, to wit:

Section 1 of act cited for amendment.

of April 22, 1856,

streets, etc., and walks, pave

ordaining footments, drains,

etc.

Section 1. Whenever the burgesses and town council Opening of of any borough shall open or be about to open any streets or alleys therein, or to widen or extend the same, or to survey, lay out, enact and ordain footwalks, pavements, gutters, culverts and drains, over and upon the lands abutting on and along the sides of turnpike roads which may be within the limits of said borough, and to fix the size and width thereof, it shall be lawful for said burgess and town council, or a ma- Petition. jority of them, to apply by petition to the court of common pleas of the proper county, setting forth the facts, and describing the locality of such streets or

S Laws.

Appointment of viewers.

Damages and benefits.

alleys or foot-walks, pavements, gutters and drains, and praying said court to appoint three disinterested freeholders of such county, who after being first duly sworn or affirmed to perform their duties under this act with impartiality and fidelity, shall proceed to view the premises described in said petition, having regard to both the advantages and disadvantages caused to the several properties along the line of said improvement, and shall assess and allow to all persons injured thereby such damages as they shall have sustained, respectively, over and above all advantages, and shall also make assessments for contribution upon all such properties as shall be benefitted by the opening, widening or extension of said streets and alleys, or by laying out, enactment and ordaining of such foot-walks, pavements, gutters, culverts and drains, such sums, respectively, as they may have been benefitted over and above all disadvantages.

Approved-The 2d day of May, A. D. 1901.

WILLIAM A. STONE.

The act of May

amendment.

No. 84.

AN ACT

To amend an act, entitled "An act to provide for the adoption. of trade-marks, labels, symbols or private stamps by any incorporated or unincorporated association or union of workingmen, and to regulate the same," approved May twentyone, Anno Domini one thousand eight hundred and ninetyfive.

Section 1. Be it enacted, &c., That an act, entitled "An act to provide for the adoption of trade-marks, labels, symbols or private stamps by any incorporated or unincorporated association or union of workingmen, and to regulate the same," approved May twenty-one, Anno Domini one thousand eight hundred and ninetyfive, which reads as follows:

"Section 1. Be it enacted by the Senate and House 21, 185, cited for of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That hereafter it shall be lawful for associations and unions of workingmen, whether the same be incorporated or unincorporated, to adopt a trade-mark, label, symbol or private stamp for their protection and for the purpose of designating the product of their particular labor or workmanship of the members of such associations and unions.

"Section 2. And be it enacted that any such associa

tion or union, which has heretofore adopted or shall hereafter adopt a trade-mark, label, symbol or private stamp, as aforesaid, may file in the office of the Secretary of the Commonwealth a description of such trade-mark, label, symbol or private stamp, and of the name, marks or devices thereon, and leave with said Secretary two copies, counterparts or fac-similes thereof: Provided, That notice of the intention of said filing, stated under oath, and the seal of such association or union, shall be published once a week for three weeks in two newspapers of general circulation. Whereupon the said Secretary shall, under his hand and seal, deliver to such association or union a certificate of registration for which he shall receive a fee of one dollar. Such certificate shall, in all suits and prosecutions under this act, be deemed prima facie evidence of the adoption of such trade-mark, label, symbol or private stamp, and of the right to adopt the same: Provided, That no trade-mark, label, symbol or private stamp shall be registered that may be mistaken for one already of record.

"Section 3. And be it enacted that any person or persons counterfeiting and imitating, or knowingly using or displaying a counterfeit or imitation of such trade-mark, label or symbol or private stamp of such association or union shall be guilty of a misdemeanor, and on conviction thereof be punished by imprisonment for a term not exceeding one year, or by a fine of not more than five hundred dollars, or both.

"Section 4. And be it enacted that any association or union may proceed before any court having competent jurisdiction to enjoin the use, manufacture, display or sale of any such counterfeits or imitations, as aforesaid," be and the same is hereby amended to read as follows, to wit:

trade-mark, etc.

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 hereafter it shall be lawful for associations and unions of working. Who may adopt men, incorporated or unincorporated, to adopt a label, symbol, trade-mark or private stamp for their protection and for the purpose of designating the product Purpose. of their particular labor or workmanship, and to register the same in the manner hereinafter provided. Every such association or union of workingmen, having adopted and registered under the provisions of this act any trade-mark, label, symbol or private stamp, shall have, possess and enjoy full, complete and unquestioned power and authority to name, make, dictate and specify the conditions and limitations under which the same may be used by any person or persons employing the member or members of said associations or unions, or manufacturing any article or articles upon

Power and authority of the association.

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