Section 1 of the act of June 10, 1897, cited for amendment.

Selling adulterated milk or

misdemeanor.

so called preservatives or coloring matter, and to provide for the enforcement of the same," approved the tenth day of June, Anno Domini one thousand eight hundred and ninety-seven, which reads as follows, towit:

"That the sale or offering for sale of milk or cream for human consumption in this Commonwealth, to which has been added boracic acid salt, boracic acid, salycilic acid, salicylate of soda, or any other injurious compound or substance for artificially coloring, the same shall be a misdemeanor and punishable by a fine of not less than fifty nor more than one hundred dollars, or imprisonment not exceeding sixty days, or both, or either, at the discretion of the court," shall be and the same is hereby amended to read as follows, to-wit:

That if any person, firm or corporate body, by himcream declared a self, herself or themselves, or by his, her or their agents or servants, shall offer for sale, expose for sale, sell, or have in possession with intent to sell, for human consumption, milk or cream to which has been added boracic acid salt, boracic acid, salicylic acid, salicylate of soda, formaline, formaldehyde, sodium fluoride, sodium benzoate, or any other compound or substance for the purpose of preserving or coloring the same, shall be deemed guilty of a misdemeanor, and upon conviction thereof in the Court of Quarter Sessions of the proper county shall be sentenced to pay a fine of not less than fifty nor more than one hundred dollars, or to undergo an imprisonment not exceeding sixty days, or both, at the discretion of the court. Approved-The 19th day of April, A. D. 1901. WILLIAM A. STONE.

Penalty.

No. 60.

AN ACT

To amend an act, entitled "An act to amend an act, entitled 'An act authorizing companies incorporated under the laws of any other State of the United States for the manufacture of any form of iron, steel or glass, to erect and maintain buildings and manufacturing establishments, and to take, have and hold real estate necessary and proper for manufacturing purposes,' approved the ninth day of June, Anno Domini one thousand eight hundred and eighty-one, extending the same to companies formed for the purpose of quarrying slate, granite, stone, or rocks, or for dressing, polishing, working, or manufacturing the same, or any of them, and to mineral springs companies incorporated for the purpose of bottling and selling natural mineral springs water," approved the sixteenth day of June, Anno Domini one thousand eight hundred and ninety-three.

Section 1. Be it enacted, &c., That section one of an act, entitled "An act to amend an act, entitled 'An

act authorizing companies incorporated under the laws of any other State of the United States for the manufacture of any form of iron, steel or glass to erect and maintain buildings and manufacturing establishments, and to take, have and hold real estate necessary and proper for manufacturing purposes,' approved the ninth day of June, Anno Domini one thousand eight hundred and eighty-one, extending the same to companies formed for the purpose of quarrying slate, granite, stone or rocks, or for dressing, polishing, working or manufacturing the same, or any of them, and to mineral springs companies incorporated for the purpose of bottling and selling natural mineral springs water," approved June sixteenth, one thousand eight hundred and ninety-three, which reads as follows:

"It shall and may be lawful for any company in corporated under the laws of any other State for the manufacture of any form of iron, steel or glass, or for the quarrying of slate, granite, stone or rocks of any kind, or for dressing, polishing or manufacturing the same, or any of them, or for any mineral springs company incorporated for the purpose of bottling and selling natural mineral spring water, to erect and maintain buildings and manufacturing establishments within this Commonwealth, and to take, have and hold real estate not exceeding one hundred acres necessary and proper for corporate purposes: Provided, That nothing herein contained shall be deemed to prevent or relieve real estate taken and held by any such company under the provisions of this statute from being taxed in like manner with other real estate within this Commonwealth: And provided further, That no foreign corporation shall be entitled to employ any greater amount of capital in any such business in this State than the same kind of corporations organized under the laws of this State are entitled to employ: And provided further, That every such foreign corporation doing business as aforesaid in this Commonwealth, shall be liable to taxation to an amount not exceeding that imposed on corporations organized for similar purposes under the laws of this State, and every such foreign corporation taking the benefit of this act shall make the same returns to the Auditor General that are now required by law of the corporations of this State," be and is amended to read as follows:

It shall and may be lawful for any company incorporated under the laws of any other State for the manufacture of any form of iron, steel or glass, or for the quarrying of slate, granite, stone or rocks of any kind, or for dressing, polishing or manufacturing the same, or any of them, or for any mineral springs company incorporated for the purpose of bottling and sell

As to holding of real estate.

Proviso.

Proviso.

Proviso.

Repeal.

ing natural mineral spring water, or for any company incorporated for the purpose of manufacturing, supplying and sale of ice, to erect and maintain buildings and manufacturing establishments within this Commonwealth, and to take, have and hold real estate to an amount necessary and proper for corporate purposes: Provided, That nothing herein contained shall be deemed to prevent or relieve real estate, taken and held by any such company under the provisions of this statute, from being taxed in like manner with other real estate within this Commonwealth: And provided further, That no foreign corporation shall be entitled to employ any greater amount of capital in any such business in this State than the same kind of corporations organized under the laws of this State are entitled to employ: And provided further, That every such foreign corporation, doing business as aforesaid in this Commonwealth, shall be liable to taxation to an amount not exceeding that imposed on corporations organized for similar purposes under the laws of this State, and every such foreign corporation taking the benefit of this act shall make the same returns to the Auditor General that are now required by law of the corporations of this State.

Section 2. All acts or parts of acts inconsistent with the provisions of this act be and the same are hereby repealed.

Approved-The 19th day of April, A. D. 1901.
WILLIAM A. STONE.

Writs of replevin.

Bond shall be filed.

No. 61.

AN ACT

Relating to replevin, and regulating the practice in cases where the writ of replevin is issued.

Section 1. Be it enacted, &c., That before any writ of replevin shall issue out of any court of this Commonwealth, the person applying for said writ shall execute and file with the prothonotary of the said court a bond to the Commonwealth of Pennsylvania, for the use of the parties interested, with security in double the value of the goods sought to be replevied, conditioned that if the plaintiff or plaintiffs fail to maintain their title to such goods or chattels, he or they shall pay to the party thereunto entitled the value of said goods and chattels, and all legal costs, fees and damages which the defendant or other persons, to whom such goods or chattels so replevied belong, may

sustain by reason of the issuance of such writ of replevin.

writ.

party.

Section 2. If any other person than the deferdant Service of the named in the writ be found in possession of the goods and chattels he shall be duly served with the writ, and his name added as party defendant to the cause. The writ shall command the sheriff to serve the party in possession, as well as the defendant named. Section 3. The court may grant leave to any per- As to intervening son, upon an affidavit filed that the goods and chattels so replevied belong to him, to intervene as party defendant in such suit; and the defendant or party so intervening may file a counter bond within seventy- Counter bond. two hours after such goods or chattels have been replevied, during which time the said goods and chattels shall remain in the possession of the sheriff, and which time may be extended by the court upon cause shown. Such counter bond shall be given to the Commonwealth of Pennsylvania, for the use of the parties interested, in the same amount as the original bond and with like conditions. Where several parties claim Where several the right to give a counter bond and have possession parties claim of said goods and chattels, the party who is in actual sion. or constructive possession of the goods and chattels at the time the writ of replevin was served shall, upon entering the proper counter bond, be entitled to have said goods and chattels.

right of posses

declaration.

Section 4. The plaintiff in such action shall file a Plaintiff to file declaration, verified by oath, which shall consist of

a concise statement of his demand, setting forth the facts upon which his title to the goods and chattels

enter rule.

is based. The defendant or party intervening may Defendant may enter a rule upon plaintiff to file such declaration within fifteen days, and the plaintiff failing so to do a judgment of non pros. shall be entered, which judg ment shall operate to forfeit said bond.

fense.

ment.

Section 5. The defendant or party intervening shall, Affidavit of dewithin fifteen days after the filing of such declaration, file an affidavit of defense thereto, setting up the facts denying plaintiff's title and showing his own title to said goods and chattels; and in event of his failure so to do, upon proof that a copy of said declaration was served upon him or his attorney, judgment may be Entry of judgentered for the plaintiff and against the defendant or party intervening, which judgment shall operate to forfeit any counter bond given by him. The court may enter judgment, with like effect, for want of a sufficient affidavit of defense, or for such goods and chattels as may be admitted to be the property of the plaintiff in the affidavit of defense, or may enter judg ment, with like effect, for such goods and chattels as to which the court may adjudge the affidavit of defense insufficient. And in the event of judgment being

rendered in favor of the plaintiff for a portion of such goods and chattels replevied, he may proceed to recover such goods and chattels by writ of retorno habendo, or the value thereof after assessment of damages on a writ of inquiry of damages issued, and the case shall be proceeded in for the recovery of the balance. If the defendant has been duly summoned and does not appear at the return-day of the writ, the plaintiff, having filed his declaration, may file a common appearance for the defendant, and proceed in the cause as in other cases.

Section 6. The declaration and affidavit of defence as originally filed, or as amended by leave of court, shall constitute the issues under which, without other pleadings, the question of the title to, or right of possession of, the goods and chattels as between all the parties shall be determined by a jury. If any party be found to have only a lien upon said goods and chattels, a conditional verdict may be entered, which the court shall enforce in accordance with equitable principles.

Section 7. If the title to said goods and chattels be found finally to be in a party who has not been given possession of the same, in said proceeding, the jury shall determine the value thereof to the successful party, and he may, at his option, issue a writ in the nature of a writ of retorno habendo, requiring the delivery thereof to him, with an added clause of fieri facias as to the damages awarded and costs; and upon failure so to recover them, or in the first instance, he may issue execution for the value thereof and the damages awarded and costs; or he may sue, in the first instance, upon the bond given, and recover thereon the value of the goods and chattels, damages and costs, in the same manner that recovery is had upon other official bonds.

Section 8. The prothonotary shall, in the first instance, fix the amount of bail, and approve or reject the security offered; his action in either regard shall be subject to revision by the court. In order to determine the amount of bail the plaintiff shall make an affidavit of the value of the goods and chattels, which value shall be the cost to the defendant of replacing them, should the issue be decided in his favor. The court may, upon motion, increase the amount of bail required; may require new bail, if for any reason the old bail has become insufficient, and may enter a non pros. against the party in default, if he has the goods and chattels, and its orders be not complied with, or may permit the substitution of bail for that already given and enter an exoneratur on the bail bond.

Section 9. Alias and pluries writs of replevin may be issued if the goods and chattels be not taken or all