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this Commonwealth shall be two dollars per day, including a full day's compensation for every day or fraction thereof required in going to or returning from the county-seat, or other places where courts are held, with mileage as now allowed by law: Provided, That the provisions of this act shall not apply where the pay of jurors is now fixed by law at more than two dollars per day.

Commonwealth of Pennsylvania,

Executive Department, Harrisburg, April 17, 1905.

I file herewith in the Office of the Secretary of the Commonwealth, with my objections, House bill No. 504, entitled "An act to regulate the pay of jurors in this Commonwealth."

The bill, in its enacting clause, undertakes to amend section 1 of the act of February 28, 1873. In the title there is no reference to this purpose of amendment, as the Constitution requires. For these reasons the bill is not approved.

SAML. W. PENNYPACKER.

No. 38.

AN ACT

To amend section three of an act, entitled "An act to carry into effect section five of article fourteenth of the Constitution, relative to the salaries of county officers, and the payment of fees received by them into the State or county treasury, in counties containing over one hundred and fifty thousand inhabitants," approved the thirty-first day of March, Anno Domini one thousand eight hundred and seventy-six.

Section 1. Be it enacted, &c., That section three of an act, entitled "An act to carry into effect section five of article fourteen of the Constitution, relative to the salaries of county officers, and the payment of fees received by them into the State or county treasury, in counties containing over one hundred and fifty thousand inhabitants," approved the thirty-first day of March, Anno Domini one thousand eight hundred and seventy-six, which reads as follows:

"If any of the officers included in this act shall receive, or stipulate to receive, from any deputies or clerks appointed by, or from any person or persons awarded any contract for advertising or any other contract, any sum or sums of money as percentage, on the salaries of said deputies or clerks, or on the amounts or profits of said contracts, or any sum or sums of money whatsoever, as compensation for making any of the said appointments or contracts, or shall neglect to render the accounts or to pay over the money received for fees as required by this act, or shall wilfully neglect to make any proper entry in the book or books required to be kept, or shall wilfully neglect to charge for any official services the fees allowed by law, or shall take to his own use any such fees or fail to comply with any of the provisions of this act, or neglect to discharge any of the duties herein imposed, the same shall be deemed a misdemeanor in office, and in addition to the other penalties for such offences, he shall upon conviction thereof, refund the said sum or

sums of money thus unlawfully received and shall be deemed incapable of holding longer the said office," be and the same is hereby amended to read as follows:

If any of the officers included in this act shall receive or stipulate to receive from any deputies or clerks appointed by, or from any person or persons awarded any contract for advertising or any other contract, any sum or sums of money as percentage on the salaries of said deputies or clerks, or on the amounts or profits of said contracts, or any sum or sums of money whatsoever, as compensation for making any of the said appointments or contracts, or shall neglect to render the accounts or to pay over the money received for fees as required by this act, or shall wilfully neglect to make any proper entry in the book or books required to be kept, or shall wilfully neglect to charge for any official services the fees allowed by law, or shall take to his own use any such fees, or fail to comply with any of the provisions of this act or neglect to discharge any of the duties herein imposed, the same shall be deemed a misdemeanor in office, and, in addition to the other penalties for such offences, he shall, upon conviction, refund the said sum or sums of money thus unlawfully received, and shall be deemed incapable of holding longer the said office: Provided, That it shall be lawful for such officer to perform gratuitously, for any honorably discharged soldier, sailor or marine of the military or naval service of the United States, or for his widow or minor children, such official services as may be required in connection with any proceeding pending in the Bureau of Pensions of the United States.

Commonwealth of Pennsylvania,

Executive Department, Harrisburg, April 17, 1905.

I file herewith in the Office of the Secretary of the Commonwealth, with my objections, Senate bill No. 385, entitled "An act to amend section three of an act, entitled 'An act to carry into effect Section five of Article fourteenth of the Constitution, relative to salaries of county officers, and the payment of fees received by them into the State or county treasury, in counties containing over one hundred and fifty thousand inhabitants,' approved the thirty-first day of March, Anno Domini one thousand eight hundred and seventysix."

The title of to this bill does not set forth the subject of the proposed enactment, as required by the Constitution. For this reason the bill is not approved..

SAML. W. PENNYPACKER.

No. 39.

AN ACT

Regulating the payment of retail liquor license-fees in this Commonwealth. Section 1. Be it enacted, &c., That every person in this Commonwealth, to whom the court of quarter sessions sitting for the pur

pose of granting retail liquor licenses, may grant a license to sell liquor at retail, shall have until the day preceding the commencement of the term of said license to pay the fee fixed by law for said license. If the decree or order of court, however, granting said licenses, shall be filed with the clerk of the court of quarter sessions within ten days of the commencement of the term, then the said licensee shall have fifteen days thereafter in which to pay the

same.

Section 2. All acts or parts of acts inconsistent herewith are hereby repealed.

Commonwealth of Pennsylvania,

Executive Department, Harrisburg, April 17, 1905.

I file herewith in the Office of the Secretary of the Commonwealth, with my objections, Senate bill No. 442, entitled "An act regulating the payment of retail liquor license fees in this Commonwealth."

The bill provides "that every person in this Commonwealth, to whom the court of quarter sessions, sitting for the purpose of granting retail liquor licenses, may grant a license to sell liquor at retail, shall have until the day preceding the commencement of the term of said license to pay the fee fixed by law for said license. If the decree or order of court, however, granting said licenses, shall be filed with the clerk of the court of quarter sessions within te days of the commencement of the term, then the said licensee shall have fifteen days thereafter in which to pay the same."

It is unfair to the licensee that he should be required, as some times happens, to pay his license-fee several months before the term of the license begins, and it would be well by legislation to prevent such unfairness. The right way would be to require the court to file its decree a reasonable length of time before the term begins, and to permit the licensee to pay his fee on any day which would allow a reasonable interval before such beginning of the term. The plan proposed by the bill would lead to practical difficulties. The license-fee under the law is to be paid to the county treasurer, a receipt is then given, and the licensee files the receipt with the clerk of the quarter sessions, and this must be done before the license is issued.

In large cities, like Philadelphia and Pittsburg, where there are many hundreds of licenses, it would be great inconvenience to permit the fees to be paid at any time on the day before the licenses are to be issued. The provision that when the court files its decree within ten days of the commencement of the term, the licensee shall have fifteen days thereafter in which to pay the fee, leads to inconvenience of another kind. A license might then be issued five days after the beginning of the term, purporting to give authority to sell liquor from the beginning of the term. It is unwise to create a legal incongruity when there is no necessity for it. The licensee might also be deprived of the benefit of his license for five days.

All of these difficulties can easily be obviated by having the necessary acts done a reasonable time before the beginning of the term. For this reason the bill is not approved..

SAML. W. PENNYPACKER.

No. 40.

AN ACT

Providing a penalty for making usurious loans.

Section 1. Be it enacted, &c., That any person who takes security upon any household furniture, sewing machines, musical instruments, plate or silverware, in actual use, tools or implements of trade, wearing apparel or jewelry, for a loan or forbearance of money, or for the use or sale of his personal credit, or conditioned upon the payment of a greater rate than six per centum per annum, or as security for such loan or sale of personal credit, as aforesaid, makes a pretended purchase of such property from any person upon the like condition, and permits the pledger to retain possession thereof, shall be guilty of a misdemeanor, and, on conviction thereof, shall be sentenced to pay a fine not exceeding one hundred dollars or undergo an imprisonment for a period not exceeding one year, either or both, at the discretion of the court.

Section 2. Any bonus or premium in excess of six per centum per annum interest on any sum paid to secure a loan, or use of money or credit, shall be computed as excess interest on the principal of such sum, and any person offending against this section shall, on conviction thereof, be subject to the same penalty as set forth in section one: Provided, That this act shall not apply to any building and loan association, trust company or State bank whose charter now permits a charge of interest in excess of six (6) per centum per

annum.

Section 3. All acts or parts of acts inconsistent herewith are hereby repealed.

Commonwealth of Pennsylvania,

Executive Department, Harrisburg, April 18, 1905.

I file herewith in the Office of the Secretary of the Commonwealth, with my objections, Senate bill No. 435, entitled "An act providing a penalty for making usurious loans."

This bill proposes to add to our system of jurisprudence another crime, and makes a transaction founded upon a contract concerning moneys punishable by imprisonment for a year. It provides that any person making a loan at a greater rate of interest than six per centum per annum, and taking as security household furniture, sewing machines, musical instruments, plate or silverware in actual use, tools or implements of trade, wearing apparel, or jewelry, shall be guilty of a misdemeanor. Section two of the bill makes subject to the same penalties any person who shall take "any bonus or premium in excess of six per centum per annum interest on any sum

paid to secure a loan, or use of money or credit." There is a proviso to the effect "that this act shall not apply to any building or loan association, trust company or state bank whose charter now permits a charge of interest in excess of six per centum per annum.” The proviso makes entirely clear the impropriety of having this bill become a law. The individual is to be imprisoned for doing that, which in the case of certain corporations is made lawful. The inconsistency is manifest.

For this reason the bill is not approved..

SAML. W. PENNYPACKER.

No. 41.

AN ACT

To empower any taxpayer of any township, borough, or school-district, upon providing for costs, to appeal in behalf of such municipality, to the courts of common pleas of the proper county, from the judgment of any justice of the peace or alderman against such municipality, and to become a party to such sujt.

Section 1. Be it enacted, &c., That in all cases where a judgment shall be rendered by any justice of the peace or alderman against any township, borough, or school-district of this Commonwealth, either plaintiff or defendant, in which by existing laws the right of appeal is given to such municipality, any taxpayer of such township, borough, or school-district may take an appeal, in behalf of such municipality, from such judgment, to the court of common pleas of the proper county, within the time prescribed by law for taking such appeal, if for a period of days, immediately after the rendition of the judgment, the proper municipal officials neglect or refuse to take and perfect such appeal, and file the same in said court: Provided, That such taxpayer shall, in taking the appeal, make an affidavit that the same has been done, and shall pay the costs of the appeal, and enter good and sufficient bail for the payment, on the affirmance of the judgment of all other costs before the justice or alderman and all the costs in the court of common pleas.

Section 2. That upon filing the said appeal in the court of common pleas of the proper county, the said taxpayer shall be made a party to the suit, and shall have the right to prosecute or defend the same, in behalf of said municipality.

Section 3. All laws or parts of laws inconsistent herewith are hereby repealed.

Commonwealth of Pennsylvania,

Executive Department, Harrisburg, April 18, 1905.

I file herewith in the Office of the Secretary of the Commonwealth, with my objections, House bill No. 357, entitled "An act to empower any taxpayer of any township, borough or school-district, upon providing for costs, to appeal, in behalf of such municipality, to the courts of common pleas of the proper county, from

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