* * * * * * shall at the same notaries public and for other purposes therein mentioned,' passed the fifth day of March, one thousand seven hundred and ninety-one." The act of 1840 provides: "No person exercising any judicial office in this Commonwealth time hold, exercise or enjoy the office of notary public." The present bill seeks to repeal so much of the said act "as renders justices of the peace, aldermen or magistrates ineligible to the office of notary public." It further seeks to overcome the difficulty which the act of 1840 was intended to prevent by means of a proviso to the effect "that justices of the peace, aldermen or magistrates shall have no jurisdiction in cases arising on notes, checks or any paper by them as notaries public protested." It is contrary to the general policy of the law that one man should hold two distinct offices and especially where the duties of these offices may lead to conflict. It is very doubtful whether it would be wise while giving a magistrate jurisdiction up to a certain amount to enact that this jurisdiction shall not extend to certain cases arising within it. Whether or not these objections be well founded, it is entirely clear that the provisions of this bill, should it become a law, may lead to serious trouble. It may well be that in some localities there is but a single magistrate. He holds his office not for his own benefit, but for the good of the public and every man who has a cause within his jurisdiction is entitled to have it tried before him. If then the suitor holds a note which has been protested before this magistrate, acting as a notary public, he is deprived of his right to appear in court and have his case tried, or at least put to the inconvenience of going to another locality, an inconvenience which ought not to be imposed upon him. For these reasons I withhold my approval from this bill. No. 3. Making it unlawful for any person or persons to advertise, by or in any circular, pamphlet, card, handbill, book, newspaper, or written or printed notice of any kind, offering any kind of service or aid to procure or aid in procuring any divorce, or the severance, dissolution or annulment of any marriage, or offering to engage, appear or act as attorney or counsel in any suit for alimony or divorce, or the severance, dissolution or annulment of any marriage, either in this State or elsewhere, and providing a penalty therefor. Section 1. Be it enacted, &c., That from and after the passage of this act, it shall not be lawful for any person or persons to advertise, by or in any circular, pamphlet, card, handbill, book, newspaper, or written or printed notice of any kind, offering any kind of service or aid to procure or aid in procuring any divorce, or the severance, dissolution or annulment of any marriage, or offering to engage, appear or act as attorney or counsel in any suit for alimony or divorce, or the severance, dissolution or annulment of any marriage, either in this State or elsewhere, shall be guilty of a misdemeanor, and shall upon conviction thereof be sentenced to pay a fine not exceeding five hundred dollars, and to undergo an imprisonment not exceeding one year, or either, or both, at the discretion of the court. Commonwealth of Pennsylvania, Executive Department, To the Honorable, the Senate of Pennsylvania: Gentlemen: I return herewith, without my approval, Senate bill No. 35, entitled "An act making it unlawful for any person or persons to advertise by or in any circular, pamphlet, card, handbill, book, newspaper or written or printed notice of any kind offering any kind of service or aid to procure or aid in procuring any divorce or the severance, dissolution or annulment of any marriage or offering to engage, appear or act as attorney or counsel in any suit for alimony or divorce or the severance, dissolution or annulment of any marriage either in this State or elsewhere and providing a penalty therefor." This bill makes it a misdemeanor to advertise offering any kind of service or aid in procuring any divorce or the severance or dissolution of any marriage, or offering to engage, appear or act as attor ney or counsel in and suit for alimony or divorce, and imposes a fine not exceeding $500 and imprisonment not exceeding one year, at the discretion of the court. The bill further makes it a misdemeanor to advertise by any written notices offering such service. The law provides that for certain causes the marriage tie may be dissolved. It is universally recognized that it is almost impossible for the ordinary layman to appear in court and present his own case and do it with skill and success for the reason that he is without the necessary training and information. Counsel have come to be the necessary adjunct of suits at law. The service such as given by counsel is, therefore, a necessary service. It is difficult to draw a distinction between a written or printed offer and a verbal offer of such service and it also difficult to understand how, if divorces be in themselves lawful, the offer to render aid in securing the divorce, provided it be proper aid, can be unlawful. It is true that to advertise publicly is unprofessional and not to be commended, but it is not essentially a crime and not such an offense against morals and propriety as to render the offender subject to imprisonment. If the client be entitled, under the law, to a divorce, there seems to be no good reason why he or she should not be entitled to the service of an attorney and should not be entitled to have such service tendered. To prevent such tender may be not so much a suppression of the zeal of the attorney as an interference with the rights of the client. In a certain sense when an attorney puts a sign containing his professional designation on the door of his office, it is an offer to render service in suit in divorce. If our morals are to be improved in this respect by legislation, it must be by making more stringent the laws allowing divorces and not by the effort to make criminal that which is only incidental to the system. If this bill were directed against all professional advertising, it could at least be said that it made no unjust discrimination. SAML. W. PENNYPACKER. No. 4. Requiring justices of the peace and aldermen to file, with the prothonotary of the proper county, transcripts of proceedings in suits brought before them against boroughs, townships and school districts; directing prothonotaries to keep a record of such transcripts; providing for the payment by such municipalities of the fees of said officials for the performance of said duties; making the neglect of such duty by justices and aldermen a misdemeanor, and fixing the penalty therefor. Section 1. Be it enacted, &c., That hereafter it shall be the duty of every justice of the peace and alderman in this Commonwealth, within one week after the rendition by him of a judgment against any borough, township or school district of this Commonwealth, to file with the prothonotary of the county in which such municipality is located, a full and complete transcript of the proceedings and judgment before him in such case, including a statement of the costs taxed against or chargeable to the defendant municipality. Section 2. That, immediately upon the receipt of such transcript by the prothonotary of such county, he shall enter it of record in a book, kept by him in his office for that purpose, to be called the "Record of Suits before Justices and Aldermen against Boroughs, Townships and School Districts;" setting forth, therein, the name of the plaintiff, the name of the defendant municipality, the sum for which judgment was rendered, the date of its rendition, the amount of the costs, and the name of the justice or alderman by whom the judgment was given. Section 3. That for making and filing such transcript, the justice or alderman performing such duty, shall receive the sum of fifty cents; and for entering the same of record, the prothonotary shall receive the sum of fifty cents; and in every instance the municipality, against which the suit was brought, shall be liable to the justice, alderman and prothonotary for the aforesaid fees. Section 4. Any justice of the peace or alderman who shall refuse or neglect to comply with the provisions of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be sentenced to pay a fine not exceeding one hundred dollars, or an imprisonment not exceeding three months, or both, at the discretion of the court. Section 5. All laws or parts of laws inconsistent herewith are hereby repealed. Commonwealth of Pennsylvania, Executive Department, Harrisburg, March 16, 1903. To the Honorable, the Senate of Pennsylvania: Gentlemen: I return herewith, without my approval, Senate bill No. 23, entitled "An act requiring justices of the peace and aldermen to file, with the prothonotary of the proper county, transcripts of proceedings in suits brought before them against boroughs, townships and school districts; directing prothonotaries to keep a record of such transcripts; providing for the payment by such municipalities of the fees of said officials for the performance of said duties; making the neglect of such duty by justices and aldermen a misdemeanor, and fixing the penalty thereor." The purpose of this bill is to make it the duty of every justice of the peace and alderman within one week after a judgment has been rendered by him against any borough, township or school district to file with the prothonotary a full and complete transcript of the proceedings. This purpose is entirely proper and save that perhaps a week is too short a time ordinarily, the main object of the bill is one which ought to meet with approval. It contains, however, in section four a provision that any justice of the peace or alderman who shall refuse or neglect to comply with the provisions of the act shall be deemed guilty of a misdemeanor and on conviction be sentenced to pay a fine not exceeding $100, or an imprisonment not exceeding three months, or both, at the discretion of the court. This provision seems to be one entirely unreasonable and not to be commended. A justice of the peace is a judicial officer, representing the majesty of the law, selected by the people to see that the law is enforced, and ought not to be treated as a criminal, and it ought not to be suggested in anything so serious as an act of Assembly that he may be a criminal. If he fails in the performance of his duty, there are remedies already provided by law. There may be many reasons why a transcript could not be filed within a week. The serious illness of a justice, the destruction by fire of his docket, and many other unforseen occurrences might prevent it, but objection is put upon the broader ground that the failure to perform such a ministerial duty is not in itself essentially a crime and ought not to be so treated. To threaten with imprisonment a judicial officer is at the outset to invite disrespect, both for him and for his office. Moreover no provision has been made to arrange for the trial of the causes during the time the magistrate is in prison. For these reasons the bill is not approved. SAML. W. PENNYPACKER. No. 5. AN ACT To empower any taxpayer of any township, borough, school, or poor 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 suit. 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, school, or poor district of this Commonwealth, in which by existing laws the right of appeal is given such municipality, any taxpayer of such township, borough, or school district may, upon leave first granted by the court of common pleas of of the proper county, or a law judge thereof at chambers, for cause shown, 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 appeals, if for a period of ten 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 is not for delay, but because he, she or it verily believes injustice 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 defend such municipality therein. Section 3. All laws or parts of laws inconsistent herewith are hereby repealed. Commonwealth of Pennsylvania, Executive Department, Harrisburg, March 16, 1903. To the Honorable, the Senate of Pennsylvania: Gentlemen: I return herewith, without my approval, Senate bill No. 113, entitled "An act to empower any taxpayer of any township, borough, school or poor 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 suit." The purpose of this bill is to enable any taxpayer of any township, borough, school or poor district to appeal from the judgment of a justice of the peace or alderman against it upon payment of the costs or the entry of security for their payment in the event that the proper officials fail to appeal within ten days and leave is given |