$ 30. Penalty for al 31 March 1856. 2. Any person who shall sell spirituous, or other intoxicating liquors as aforesaid to any person who shall drink the lowing drunk- same on the premises where sold, and become thereby intoxipremises where cated, shall, besides his liability in damages under any existliquor is sold. ing law, be fined five dollars for every such offense, to be re enness on 17 April 1867. § 1. P. L. 88. Prevention of duct in taverns and eatinghouses. covered in debt before any alderman or justice of the peace, by any wife, husband, parent, child, relative or guardian of the person so injured, and levied upon the goods and chattels of the defendant, without exemption; Provided, That suits shall not be instituted after twenty days from the commission of the offenses in this and the preceding section. 3. Persons licensed to keep taverns or eating houses shall, as far as in them lies, prevent all disorderly conduct in and disorderly con about their premises, and, in case of any disturbance of the peace, shall immediately give notice to the nearest sheriff, constable, officer or member of police, of such disturbance, and call upon said officer to interpose; whereupon it shall be Duty of police. the duty of such officer to remove the disorderly persons, and, if need be, to close up the place, and keep it closed until order and quiet are entirely restored. Id. § 7. officers respecting the enforcement of the law. 4. It shall be the duty of every sheriff, constable, policeDuties of peace man and officer of police to compel the observance, and to prevent the violation of the provisions of this act; and in the discharge of such duty, if need be, he shall have power to close up, and to keep closed, any place or places where such violations become known to him, whether by his own personal observation, or by information of any respectable citizen of the vicinity; also it shall be the duty of the officers aforesaid to How offenders arrest such persons so alleged to be acting in violation of law, and to bring them before any magistrate of the vicinity, to be dealt with according to the provisions of this act, and it shall be the duty of such magistrate to entertain complaints for the violation of this act, when made under oath by any citizen of the vicinity. to be dealt with. Id. § 8. Intoxicated arrested on view. 5. It shall be the duty of every sheriff, constable, member and officer of police to arrest any and every person who shall persons to be be found intoxicated in any street or public highway, or in any public place or places where strong or spirituous liquors, wines, ale or beer are sold, publicly kept or disposed of, and to take him, or her before any magistrate of the vicinity; and if such magistrate shall, after due inquiry, deem him or her too much intoxicated to be fully examined, or to answer on oath correctly, the magistrate shall cause him or her to be To be confined confined until he or she becomes sober, and then to be brought before him and interrogated, under oath or affirmation, as to the cause of such intoxication, and thus ascertain from whom he or she obtained the liquor which caused the drunkenness, but such examination shall not be used in evidence against such intoxicated person in any prosecution, civil or criminal. until sober. Examination. § 2. P. L. 663. not to sell in quors to in 6. It shall be lawful for any member of the family or blood 8 May 1854. relation of an intemperate person, or any overseer of the poor, Notice to innor any magistrate of the district in which such intemperate keepers, etc., person resides or has legal settlement, or the committee of a toxicating li habitual drunkard, to give a distinct notice, verbal or written, temperate perto any inn-keeper, merchant, grocer, distiller, brewer or other sons. person manufacturing, selling or having intoxicating liquors, forbidding him or them from furnishing such intemperate person or habitual drunkard with intoxicating drinks or liquors, and if, within three months after such notice, any one to whom the same is given shall furnish or cause to be furnished intoxicating liquors to such intemperate person or ha- Penalty for bitual drunkard to be used as a beverage, he shall be deemed selling after guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in the first section of this act.1 notice. April 1875. notice. 7. The husband, wife, parent, child or guardian of any 12APP. L. 4. person who has or may hereafter have the habit of drinking Selling to inintoxicating liquor to excess may give notice in writing, ebriates after signed by him or her, to any person, not to sell or deliver intoxicating liquor to the person having such habit; if the person so notified, at any time within twelve months after such notice, sells or delivers any such liquor to the person having such habit, the person giving the notice may in an action of tort recover of the person notified any sum not less than fifty, Recovery of nor more than five hundred dollars, as may be assessed by the court or judge as damages. A married woman may bring such action in her own name, notwithstanding her coverture, their own and all damages recovered by her shall go to her separate use. In case of the death of either party, the action and right of ac- Survival of tion given by this section, shall survive to or against his executor or administrator without limit as to damages.2 That is, by a fine of not less than ten, nor more than fifty dollars, and imprisonment of not less than ten, nor more than sixty days. Licenses for the sale of vinous, spirituous, malt or brewed liquors at retail in this state are regulated by the Act of May 13, 1887, P. L. 108 (known as the Brooks' Law), and its amendments. The offences of the sale of liquor on Sunday, on election days, to minors, and to persons of known intemperate habits or visibly intoxicated, are punishable, by sec. 17 of that act, by a fine of not less than fifty, nor more than five hundred dollars, and imprisonment of not less than twenty, nor more than ninety days. So far as the penalties for these specific offences are concerned, the act repeals all prior laws. Some portions of the latter still unrepealed by the Act of 1887 are here published because of their more immediate relation to the police functions of the city government. Under existing laws the business of selling intoxicating liquors, licensed by the state, cannot be taxed by municipal license. Altoona v. Stehle, 21 Pa. C. C. R. 395. damages. Married women may sue in names. action. By the Act of May 13, 1887 (supra), as amended by the Act of June 9, 1891, P. L. 248, the amount of the retail license in cities of the third class is fixed at $500, four-fifths of which is to be paid into the city treasury, and by section 2 of the Act of July 30, 1897, P. L. 469, an additional license fee of $50 is imposed for the use of the state. The city's proportion of the money is properly payable in the first instance to the county treasurer, whose duty it is to pay it over to the city treasurer; the county has no interest in or control over it. Commonwealth v. Martin, 170 Pa. 118. The Act of 1891 makes no provision for a commission upon the fund, but it has been held by the C. P. of Northampton County in South Bethlehem v. Hemingway, 16 Pa. C. C. R. 103, and by the C. P. of Berks County, in City of Reading v. Kutz, 21 Id. 28, that the treasurer is entitled to receive a commission thereon at the same rate as upon moneys collected for the use of the state. Comp. however, Pittsburgh v. Anderson, 194 Pa. 172. 1. Constitutional provision. Local Legislation. 2. How notice of application for local or special legislation to be published. Const. 1874. Constitutional provision. 12 Feb. 1874. 1. P. L. 43. How notice of legislation to 3. Evidence of publication. 4. How publication to be made when subject-matter affects cities or boroughs. 1. No local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published in the locality where the matter or the thing to be affected may be situated, which notice shall be at least thirty days prior to the introduction into the general assembly of such bill, and in the manner to be provided by law; the evidence of such notice having been published shall be exhibited in the general assembly, before such act shall be passed.1 2. No local or special bill, either to repeal or enact a law, shall be passed by the legislature, unless notice of the intenapplication for tion to apply therefor shall be published in the locality where local or special the matter or thing to be affected may be situated, which nobe published. tice shall state specifically the title and objects of the bill, and shall be published by not less than four insertions in at least two daily or weekly newspapers, one of which may be in a language other than English, once a week for four consecutive weeks, printed in the county, or in each of the several counties, where such matter or thing to be affected may be situated; the first insertion to be at least thirty days prior to and within three months immediately preceding the introduction of such bill into the general assembly, and be signed by at least one of the parties applying therefor; Provided, That the publication in one newspaper shall be deemed sufficient where but one is published in the county or counties aforesaid.2 Id. § 2. Evidence of publication. Id. § 3. How publication to be made when subject-matter affects cities or boroughs. 3. The evidence of the publication aforesaid shall be by attaching to a bill a copy or copies, as the case may be, of said notice, verified by the affidavit of the owner, publisher, editor or foreman of each of the several newspapers in which said notice is by this act required to be published, of due compliance with the preceding section. 4. When such local or special bill shall affect any matter or things situated in any city or borough, said publication shall be in two of the newspapers published in said city or borough, if so many there be; and if there be but one, a publication in that one shall be deemed sufficient: if there be no newspaper published in said city or borough, then by publication in the newspaper or newspapers of the county in which said city or borough is located, as provided in the first section of this act. 1 The legislative rule on the subject requires that due proof of publication shall be certified to by the president or secretary of the committee reporting the bill. Senate Rules, Smull Leg. Hand. 1899, 1040. 2 Assuming the general rule to be that notice of the application will be presumed, yet where the fact is conceded that no notice was given. the presumption cannot prevail. and a local act passed without compliance with the provisions of the law is invalid. Chalfant v. Edwards, 173 Pa. 246. Lodging Houses. 1. Public lodging house defined. 2. Mayor may license public lodging houses. When license to expire. Licensee to be of good moral character. Building to be examined as to its safety and means of escape. Sanitary condition to be certified to by health authorities. 3. Register to be kept by lodging houses. Penalty for not keeping register. 4. House to be subject to official inspection. 5. Health authorities to prescribe rules for sanitation of premises. 6. License to be forfeited on non-compllance with statutory requirements. Keeper to have public hearing. 7. Keeping public lodging house without license to be misdemeanor. Penalty. § 1. P. L. 428. 1. Every building in any city of this commonwealth not2 July 1895. licensed as an hotel, inn or tavern, in which ten or more per- Public lodging sons are lodged for a price for a single night of twenty-five house defined. cents or less for each person, shall be deemed a public lodging house within the meaning of this act.1 2. The mayor of any city in this commonwealth may Id. § 2. license persons to keep public lodging houses in said city upon Mayor may li payment of a fee of two dollars, and upon compliance with lodging houses. and subject to the following provisions and requirements: cense public to expire. The said license shall expire on the thirty-first day of De-When license cember in the year in which it is issued. It shall specify particularly the place licensed, and it shall not protect the licensee in carrying on business in any other place. of good moral examined as to No such license shall be granted to a person by the mayor Licensee to be who is not of good moral character, and no license shall be character. issued until the building inspectors of said city and the fire marshal, or, if such officials do not exist, such other official or person as the mayor shall name to examine into the safety of Building to be the building, license for which is applied for, shall certify its safety and that the building is safe for the load it will probably have to cape. carry, is provided with all the fire escapes required by law, and with such additional means of escape, in case of fire, as the construction of the building, its surroundings and the use to which it is to be put require to be adopted for the safety of the lodgers. means of es tion to be cer health au No such license shall be granted until the mayor shall re- Sanitary condi ceive a certificate from the health authorities of said city set-tified to by ting forth that the plumbing in the building sought to be thorities. licensed is in accordance with the rules of the said health authorities, or, if no such rules have been adopted, that the plumbing is in good condition, and further that the building is supplied with a sufficient number of water closets and urinals for the people intended to be accommodated, and with good and sufficient means of ventilation. Id. § 3. 3. In every public lodging house a register shall be kept in which shall be entered the name and address of each and Register to be kept by lodgevery lodger, together with the time of his arrival and de- ing houses. parture, and such register shall at all times be open to the inspection of the police authorities of said city. Each and every failure to carry out and comply with the requirements 'The act does not offend against the constitutional provisions as to title or uniformity of taxation, nor in subjecting boarding houses to unreasonable searches. It is a legitimate exercise of the police power of the state, upon which there is no constitutional limitation. Commonwealth v. Muir, 1 Super. Ct. R. 578; 180 Pa. 47. 2 July 1895. keeping regis of this section shall subject the lodging house keeper to a fine Penalty for not of five dollars, to be collected at the suit of the city in which such house is licensed, before any magistrate, alderman or justice of the peace. ter. Id. § 4. House to be subject to offi 4. The keeper of every public lodging house shall at all times when required by the fire marshal, the fire chief or by cial inspection. any officer connected with the building inspectors, or with the board of health, or bureau of health, or with the police department or bureau, or by the mayor or any one delegated by him, give such official full and free access to said lodging house or to any part thereof. Id. § 5. Health au thorities to 5. The health authorities of said city may, from time to time, adopt rules and regulations for the government of public prescribe rules lodging houses, for the cleansing and disinfection of the same, or of the furniture, bedding and other personal property in and upon the same, as may, in the judgment of said health authorities, be necessary and proper for the public safety. for sanitation of premises. Id. § 6. 6. Any keeper of a public lodging house who shall fail to License to be comply with any provision of this act, or with any requirenon-compliance ment of the health authorities of said city, or shall so conduct with statutory his lodging house as to render it a nuisance to the neighbor forfeited on requirements. Keeper to have public hearing. Id. § 7. lodging house hood in which it is situated, shall forfeit his license; Provided, however, That no license shall be forfeited by the mayor of the city in which it was issued except after public hearing by him, of which the lodging house keeper shall have ⚫at least one week's notice. 7. Whoever shall keep a public lodging house in any city Keeping public in this commonwealth, or shall be concerned, or in any way without license interested therein, without having the license herein required, to be misde- shall be guilty of a misdemeanor, and on conviction shall be sentenced to pay a fine not exceeding one hundred dollars, and to undergo an imprisonment of not more than thirty days, or either, or both, at the discretion of the court.1 meanor. Penalty. 'The remaining part of the section exempts from the operation of the act the charitable organizations known as "Wayfarers' Lodges," in cities of the first class. Markets. 1. Provisions not to be re-sold in same market. 2. Penalty for exposing for sale unwhole some meat, fish or veal. § 1. 3 Sm. L. 530. 3. Penalty for selling unwholesome provi sions, adulterated beverages, etc. 6 April 1802. 1. It shall and may be lawful for any person or persons to sell or expose to sale provisions, vegetables or fruit in the Provisions not markets of any city, borough or corporate town within this commonwealth; Provided always, That such provisions, vegetables or fruit shall not have been previously purchased within the limits of such city, borough or corporate town.1 to be re-sold in same market. 1 An ordinance prohibiting the forestal ling of the market is a valid exercise of the police power. Meadville v. Miller, 29 Pa. C. C. R. 517. |