private schools, with regard to the dangers of fire and the prevention of fire waste, and provide instruction and training of pupils of such schools by means of fire drills. title and purpose of said corporation, the location of its principal place of business in the Commonwealth and the post office address within the Commonwealth to which the Secretary of the Commonwealth shall send by mail any the custodian of the election returns for National, State and such county officers as receive commissions, and he compiles and publishes the returns of the State elections. The State Police keep in their office all records which may be sent to them in accord-process against it served on him. ance with the law relative to the physical con- The Secretary of the Commonwealth is also dition of buildings, whether the laws and ordinances have been complied with so far as the same relate to fire protection, records of application for fire insurance upon any buildings, records of all fires occurring in the State, including statistics as to the extent of such fires and the damage caused thereby, and whether such losses were covered by insurance, and if so, in what amount. Such records are public, except testimony taken in investigations, which may be withheld from the public in the discretion of the Superintendent of State Police. It is the duty of every fire insurance company or association, doing business in the State, to give certain notices and make certain reports to the State Police, with relation to fire losses on property in Pennsylvania, and of any rating bureau to furnish information to the State Police. DEPARTMENT OF STATE AND The Secretary of the Commonwealth is the head of the Department of State and Finance. He is appointed by the Governor and confirmed by the Senate. He is also a member of the Board of Pardons, the Board of Finance and Revenue, the Retirement Board of the State Employes' Retirement System, and the Board to License Private Bankers. His duties bring him into intimate relations with the Governor, as nearly all the official transactions of the latter pass through his hands, and a record of all his official acts is kept in the State Department. The Secretary is the keeper of the seal of the State, and affixes it to and countersigns such instruments as the law requires. He is also the State budget officer. The act of May twenty-fifth, one thousand nine hundred and seven, requires that all fees, percentages and commissions received by him, by virtue of his office as Secretary of the Commonwealth, or on collections made by him as such, shall be paid daily into the State Treasury. He is the custodian of the laws and resolutions passed by the Legislature, and they and the veto messages of the Governor are prepared for publication under his supervision. The official bonds and recognizances of all State, county and municipal officers and notaries public, whom the Governor commissions, are kept in the Department, and all commissions, appointments and proclamations issued by the Governor are countersigned and a record thereof kept by the Secretary of the Commonwealth. Under the general corporation laws of the State, proceedings for the organization of all corporations for profit, the amendment of their charters, the purchase and sale of franchises and property or merger and consolidation of companies, the change of their corporate names and extension of route by street railway companies, their reorganization after judicial sale, are all conducted under the scrutiny of the Secretary of the Commonwealth and recorded in his department. Proceedings for the increase or decrease of stock or indebtedness, change in par value of shares, change in location of principal office, and decrees of dissolution of all corporations are required to be filed therein. No foreign corporation can lawfully do business in this State, without first appointing the Secretary of the Commonwealth and his successor in office to be its true and lawful attorney and authorized agent, upon whom all lawful process in any action or proceeding against it may be served; the power of attorney shall be executed with the seal of the corporation, and signed by the president and secretary thereof; and shall contain statement showing the D He keeps a record of all death warrants, respites, pardons, remittances of fines and forfeitures and commutations of sentences. Proceedings in regard to interstate extradition for fugitives from justice are examined, passed upon and approved by him before the executive order is made thereon. There are also many ministerial duties of a minor character performed by the Secretary of the Commonwealth. Rules Governing Applications for Letters Corporations of the Second-Class. Notices. The notice of an intention to apply for a charter should give the names of at least three incorporators, designate the time when application will be made to the Governor for the charter, the Act of Assembly under which it is made, and the purpose proposed. Twenty-one days' notice must be given of the intended application, by weekly advertisement in two newspapers of general circulation, printed in the proper county. Legal or technical publications or papers not printed in the English language are not regarded as in this class; but additional publications may be made in them, if desired. The proof of the publication of the notice must be filed in this office upon the maturity of the certificate. Filing of Certificate. The certificate of organization should be on file in this office during the period of publication and the Letters Patent fee and bonus fee should accompany the application. This rule greatly facilitates business, as applications are examined when received, and needed changes or corrections can thus be made before the maturity of the notice. Readvertisement will be required on applications received thirty days after the time designated in the notice. Attorneys or others who have forwarded papers to this office, on which no further action has been taken, will after sixty days from such receipt, be requested to complete the same, or they will be either returned or certified to the Attorney General for such action as he may deem proper. All charters, after approval by the Governor, must be recorded in the office of the Secretary of the Commonwealth. By making the application in exact duplicate originals, it will facilitate the work of recording and expedite the mailing of the charter. Public Service Companies. Applications for the incorporation, organization, creation, and the removal or amendment of the charters of public service corporations, and proceedings evincing the sale, assignment, transfer, lease, consolidation or merger of such corporations, should be filed in duplicate in this Department. Contents of Certificate and Statement of Purpose. The certificate must have at least threeincorporators and at least two subscribers, one of whom must be a citizen of this Commonwealth, and must be acknowledged and verified by at least two subscribers. The object of the corporation should be restricted to the purpose set forth distinctly in one clause of the incorporation act, and be so concisely stated as to avoid all diversity. Special care should be taken that ONLY THE PURPOSE IS STATED AND NOT THE POWERS which come to the corporation by grant of law, and that the certificate be confined to the statement of but a single purpose. Certificates for the incorporation of manufacturing and mercantile companies should describe in a general way the character of the articles or goods to be manufactured or sold. Whenever the certificate of organization of a proposed corporation is received and is found not to be in proper form, it will be promptly returned. A new certificate conforming to the law and to the requirements of this office may be prepared, executed and forwarded for approval. Certificates of incorporation or articles of association, containing erasures or interlineations will not be accepted. The designated place of business of the corporation is where the corporate functions are to be exercised, and only one office can be named as such. A married woman may be named as a director, treasurer or one of the two subscribers to the articles of incorporation. A typewritten list of all signatures should accompany all papers filed in this Department. Applications for railroad and street railway charters should be filed in duplicate, Time of Application. Charters will not be granted on Saturday, or on any legal holiday, as the State Treasury is closed on these days. All papers, required to be filed in this Department, may be filed only between the hours of 8 A. M., and 5 P. M., on week days, except Saturday or any legal holiday. Such papers may be filed on Saturday only, between the hours of 8 A. M., and noon. Protests and Hearings. Protests against the issuing of Letters Patent upon any application should be filed in duplicate in this office as soon after the first publication of notice as practicable. The protest should briefly set forth the ground of opposition and the interest of the protestants; and must be specific, giving the full and correct name of the company against whose application it is filed, and designating the date when the application is advertised to be made. A day for hearing will then be appointed, at which time all parties will be heard by counsel or in person. Increase and Decrease of Stock and Returns of election upon increase or decrease of capital stock should not be combined with the return of election upon increase or decrease of indebtedness. The return of the President or Treasurer as to the actual making of the authorized increase or decrease should be made separately from the election return, and not attached thereto, and is required by law to be made within thirty days after the actual increase or decrease. The return of increase should specify the terms thereof, whether for cash, for materials, labor or property. Waivers of notice of publication should be accompanied by the affidavit of the Secretary showing that the persons subscribing to the waiver are the owners of all the outstanding and issued capital stock of the corporations. Cooperative Associations. Cooperative associations are corporations, and are subject to all the requirements of the Corporation Laws as to bonus and fees due the State. The amount of the original capital must be specified in the Article of Association. The purpose of the association and the terms upon which persons may become members should be clearly and succinctly stated. Foreign Corporations. Foreign corporations, proposing to do business in this State, should first file a power of Attorney in the form prescribed by this Department, appointing the Secretary of the Commonwealth and his successors their true and lawful attorney and authorized agent upon whom all lawful process in any action or proceeding against them may be served. Bonus and Fees. Upon the granting of a charter the whole bonus, which is one-third of one per centum of the capital stock, is payable through this office by all corporations except building and loan associations; all checks or drafts should be drawn to the order of the "State Treasurer." Blank Forms. Blanks for applications for charters, proof of publication, increase or decrease of capital stock, or indebtedness, president's returns, waivers and statements by foreign corporations, etc., will be furnished on application. Assumed or Fictitious Name Registrations. Any individual or individuals carrying on or conducting business in Pennsylvania under an assumed or fictitious name should register the same in the office of the Secretary of the Commonwealth as required by the Act of June 28, 1917, P. L. 645. If the individuals SO registered subsequently desire to have their registration cancelled, or if certain of them desire notations of withdrawal from the business so registered, to be entered on the records, this may be effected under the provisions of the Act of June 20, 1919, P. L. 542. Corporations of the First Class. Before the proper Court of Common Pleas will grant a charter to a corporation of the first class the name of such proposed corporation must be registered in the office of the Secretary of the Commonwealth, as required by the Act of May 16, 1923, P. L. 246. Trade-marks, Labels, etc. Trade-marks, trade-names, labels, etc., may be registered under the provisions of the Act of June 20, 1901, P. L. 582, as amended. Certificate with Secretary's seal, Certificate with Great Seal, Equivalent fees for any like services. 5 00 6.00 6.00 25 25 1 00 2.00 The Act of May 3, 1889, fixes bonus on charters and upon increase of capital stock at one-third of one per cent, the bonus on charters payable at the time of approval by the Governor. The Act of February 9, 1901, makes the bonus on increase of capital stock payable on the actual amount of increase when such stock or any portion of it is actually increased. NOTE: All fees must be paid in full, and also the whole bonus on charters before papers can be marked filed and recorded, or letters patent can be issued by the Governor. All fees and bonus should be paid by certified check or New York draft. Commissions. The Department of State and Finance issues commissions to all officials elected by popular vote, who, by law are entitled to receive them. State officials, judges of the various courts, county officers, aldermen and justices of the peace, for full terms of service, come under this head and commissions are issued based upon the election returns. Aldermen and justices of the peace-elect, upon the certificate of the prothonotary, showing election, are commissioned for the full term of six years. Elections for aldermen or justices of the peace held at any other time than the Tuesday next following the first Monday of November in odd-numbered years are null and void. Appointed officials, such as departmental officers, trustees and managers of State hospitals and asylums, members, directors, etc., of various state boards, commissioners of deeds, notaries public, policemen, etc., are commissioned only upon receipt of written orders from the Governor, and for such terms as are fixed by law. Petitions, etc., requesting such appointments must be sent to the Governor. If favorably considered orders are issued by the Governor to the Department of State and Finance to make commissions in accordance therewith. Blank forms of application for the appointment of notaries public, for justices of the peace and for policemen, are furnished upon request. Other forms must be prepared by the applicants. Where fees are by law made payable before appointments can be made, such fees must always accompany petitions of applicants. Notaries public, when appointed during the recess of the Senate, are commissioned until the end of the next session of the Senate. When confirmed by the Senate the term is four years from the date of such confirmation. A notary public must give bond and lift commission within thirty days after appointment, otherwise the appointment will be null and void. Vacancies in the office of alderman and justice of the peace occurring by reason of the erection of any new ward, borough or township, or from the neglect or refusal to lift commission, within the time fixed by law, or by death, resignation or otherwise, can be filled only by the Governor until the first Monday of January following the election in November in oddnumbered years. Commissions of aldermen and justices of the peace must be lifted within sixty days from the date thereof, or the office will become vacant. The bonds and oaths of aldermen and justices of the peace are to be filed in the office of the prothonotary. The bonds and recognizances of sheriffs and coroners, and the bonds of prothonotaries, registers of wills, recorders of deeds, and clerks of the several courts, must have the sureties approved by the judges of the court of common pleas, and also by the Governor, and be filed in the office of the Secretary of the Commonwealth before commissions can issue. The bonds and oaths of notaries public are to be filed in the office of the Secretary of the Commonwealth. The bonds must have two sufficient individual sureties, and they must make the affidavit as indorsed thereon. If corporate surety is offered and approved it will be sufficient. The oath authorized by the Constitution to be administered to all State officers and judges of the Supreme Court and Superior Court must be filed in the office of the Secretary of the Commonwealth. Resignation should be addressed to the Governor and forwarded to him for his acceptance. Military commissions are also prepared upon receipt of written orders from the Governor and Adjutant-General. sued each year is constantly and rapidly inThe average number of all commissions iscreasing. A complete and accurate record is kept of all commissions, carefully classified and arranged. Rules of Practice Relating to Requisitions. The application for the requisition must be made by the district or prosecuting attorney for the county or district in which the offense was committed, and must be in duplicate original papers, or certified copies thereof. The following must appear on the certificate of the district or prosecuting attorney. (a.) The full name of the person for whom extradition is asked, together with the name of the agent proposed, to be properly spelled, in Roman capital letters, for example: JOHN DOE. (b.) That in his opinion the ends of public justice require that the alleged criminal be brought to this State for trial at public expense. (c.) That he believes he has sufficient evidence to secure the conviction of the fugitive. same transac (d.) That the person named as agent is a proper person, and that he has no private interest in the arrest of the fugitive. (e.) If there has been any former application for a requisition for the person, growing out of the same tion, it must be so stated, with an explanation of the reasons for a second request, together with the date of such application, as near as may be. (f.) If the fugitive is known to be under either civil or criminal arrest in the state or territory to which he is alleged to have fled, the fact of such arrest and the nature of the proceedings on which it is based must be stated. (g.) That the application is not made for the purpose of enforcing the collection of a debt, or for any private purpose whatever, and that if the requisition applied for be granted, the criminal proceedings shall not be used for any of said objects. (h.) The nature of the crime charged, with a reference, when practicable to the particular statute defining and punishing the same. a (i.) If the offense charged is not of recent occurrence, satisfactory reason must be given for the delay in making the application. or a 1. In all cases of fraud, false pretenses, embezzlement made forgery, when crime by the common law, or any penal code or statute, the affidavit of the principal complaining witness of informant that the application is made in good faith, for the sole purpose of punishing the accused and that he does desire or expect to use the prosecution for the purpose of collecting a debt, or for any private purpose, and will not directly or indirectly use the same for any of said purposes, shall be required, or a sufficient reason be given for the absence of such affidavit. 2. Proof by affidavit of facts and cirthat cumstances satisfying the Executive from the alleged criminal the has fled justice of the State and is in the State on whose Executive the demand is requested to be made, must be given. The fact that alleged criminal was in the State where the alleged crime was committed at the time of the commission thereof, and is found in the State upon which the requisition was made, shall be sufficient evidence in the absence of other proof, that he is a fugitive from justice. 3. If an indictment has been found, certified copies, in duplicate, must accompany the application. 4. If an indictment has not been found by a grand jury, the facts and circumstances showing the commission of the crime charged, and that the accused perpetrated the same, must be shown by affidavit taken before a magistrate (a notary public is not a magistrate within the meaning of the Statutes), and that a warrant has been issued and duplicate certified copies of the same, together with the returns thereto, if any, must be furnished with the application. 5. The official character of the officer taking the affidavit or depositions and of the officer who issued the warrant must be duly certified. 6. Upon the renewal of an application, for example: On the ground that the fugitive has fled to another State, not having been found in the State on which the first was granted, new or certified copies of papers in conformity with the above rules must be furnished. 7. In case of any person who has been 'convicted of any crime, and escaped after conviction, or while serving his sentence, the application may be made by the jailer, sheriff, or other officer having him in custody, and shall be accompanied by certified copies of the indictment or information, record of conviction, and sentence, upon which the person is held, with the affidavit of such person having him in custody, showing such escape, with the circumstances attending the same. 8. No requisition will be made for the extradition of any fugitive except in compliance with these rules. Additional Suggestions. 1. At the Interstate Extradition Conference, held in New York, in August, 1887, it was resolved by the representatives of the several States: "That it is the sense of this conference that the Governors of the demanding States discourage proceedings for the extradition of persons charged with petty offenses, and that, except in special cases circumunder aggravating stances, no demand should be made in such cases." 2. Requisitions will not issue in cases of fornication and bastardy, desertion (except under special and aggravated circumstances), nor in any case to aid in collecting a debt or enforcing a civil remedy nor in cases in which the offense is of such a trivial character as to leave a doubt as to the issuing of a mandate thereon by the Executive of another State or Territory; nor in a case of seduction, until an indictment is found and the relations of the parties clearly established, so as to leave no doubt that the case is one of seduction, and not of fornication and bastardy. on 3. Requisitions will not be issued petition alone, but the copies of record and affidavits required by the preceding rules must in every case be furnished; and this regulation will be applied with special strictness in all cases where the charge is cheating, obtaining money by false pretenses, embezzlement and the like. False and deceitful representations must be particularly set forth. 4. All papers presented in connection with an application for a requisition must be in duplicate. 5. accom The agent should, when possible, be the sheriff of the county or his deputy. 6. Each must be application panied with the legal fee of three dollars. Elections and Legislation. re The Department of State and Finance has charge of all legislation passed by the General Assembly. All Bills and Resolutions that have passed finally are received from the officers of the House in which they originated, are ceipted for, and recorded in a book kept for that purpose. They are then turned over to the Executive Clerk of the Governor, who, in turn, receipts for them. After the Governor takes action, whether he approves or vetoes, they are returned to the Department and are prepared for printing. They are punctuated, marginal notes are added, indexed, and copy is furnished to the State Printer, after which the proof is read. When the volume is printed, copies are forwarded to judges of the several courts and other officers and persons entitled to receive them. This Department also has charge of the filing of petitions and certificates of nomination and nomination papers for all Statewide offices and for such State offices as judges of courts of record, Representatives in Congress, Senators and Representatives in the General Assembly, and members of the State Committees of all parties. These nominations are certified to the county commissioners of the proper counties for printing on The the primary election ballot. county commissioners make return to this office of the votes received by the several candidates and the names of the candidates who were successful at the primaries are then certifiled to the county commissioners for printing on the official ballots to be used at the November elections. Returns of the November election are filed with the Prothonotary of the County, who certifies them to this Department. After these returns have been tabulated and computed, the names of the successful candidates for Representatives in Congress are certified to House Clerk of the of Representatives the are Washington, and the vote for Senators and Representatives in the General Assembly presented to the Senate and House of Representatives on the first day of the session succeeding the election. The names of the successful candidates for all commissioned officers are certified to the Governor who thereupon issues their commissions. Accounts. DEPARTMENT OF JUSTICE. The head of the Department is the Attorney General who is the law officer of the Commonwealth. In addition to his duties as head of the Department of Justice, the Attorney General is a member of the Board of Pardons, the Board of Finance and Revenue, the Board of Property, and the Sanitary Water Board. The Department of Justice is required to to furnish legal advice at the Governor and to all administrative departments, boards, commissions and officers of the State Government, to supervise, direct and control all of the legal business of every administrative department, board and commission, except as provided in the Act of April 12, 1923, P. L. 66, which permits the Auditor General to employ attorneys to a limited extent; to collect by suit or otherwise all debts, taxes and accounts due the Commonwealth which shall be placed with the Department for collection; and to represent the Commonwealth or any department, board, commission or officer thereof in any litigation to which the Commonwealth or such department, board, commission or officer is a party either directly or by intervention or interpleader. The Department of State and Finance obtains for submission to the Governor the information necessary for the preparation of the biennial State Budget. The Department is also charged with the duty of prescribing and installing uniform systems of accounting and reporting. A uniform system of accounts has been installed in all appointive departments of the Commonwealth and these departments report to the Department at the close of each month their expenditures during the month according to the standard accounting system. The Department also performs various minor duties, such as the preparation of uniform records, and forms for accounting purposes, making examinations and investigations of the methods of accounting for supplies and materials, and the preparation of charts which show, in graphic form, the expenditures of the different departments. STATE EMPLOYES' RETIREMENT BOARD. The State Employes' Retirement Board was created by the Act of June 27, 1923, P. L. 858. The members of the Board are the Secretary of the Commonwealth, the State Treasurer, one member appointed by the Governor and two members elected by the employes belonging to the Retirement Association. The Board administers the State Employes' Retirement System created by the Act of June 27, 1923, above mentioned. This act makes provision whereby a State employe, paid by the month or by the year, may be retired any time after reaching the superannuation retirement age (60) if he has completed five years of service. The cost of the annuity is borne by the State and by the employe jointly and the State pays the entire cost of establishing and administering the system. Full credit for all years of service prior to January 1, 1924, is given by the State, to the employe member, without charge. There are two schedules of contribution for the employe. Schedule No. 1 would provide an allowance of 1/80th of the final salary, based on an average of the five years preceding retirement, for each year of service. Schedule No. 2 will provide an allowance of 1/50th of the final salary, based on the average of the five years preceding retirement, for each year of service. Ninety per cent of the employes choose the Schedule No. 2. The System also provides for disability retirement, with minimum a of five years of service, and dismissal retirement with a minimum of ten years of service. The employes deductions are compounded annually at 4 per cent and all contributions, and interest are returned if the employe leaves the State's service. At the time of retirement, the employe has the choice of options which provide the choice of (1) full retirement allowance, or (2) an annuity during the life of both the retiring employe and a beneficiary, and (3) other annuities based upon the actuarial value of the retirement annuity. The Department is also authorized to prepare for submission to the General Assembly from time to time such revisions and codifications of the laws of the Commonwealth as may be deemed advisable. The Department with the approval of the Governor is empowered and required to investigate any violations or alleged violations of the laws of the Commonwealth which may come to its notice and to take such steps and adopt such means as may be reasonably necessary to enforce the laws. Upon request of a President Judge of a District the Attorney General is required by the Act of May 2, 1905, P. L. 351, reenacted in Section 907 of the Administrative Code, to appoint an attorney to supersede the District Attorney in prosecuting any case in which the President Judge regards such action as necessary. Under the Act of June 1, 1915, P. L. 661, the Attorney General is required to collect moneys due the Commonwealth for the maintenance of insane and other inmates of State Institutions alleged to be indigent, but who actually have property or estate. con Upon formal request of the Insurance Commissioner or the Secretary of Banking, it is the Attorney General's duty to institute proceedings against insolvent and illegally ducted banks and banking companies, building and loan associations and foreign mutual savings' fund associations and to apply for the appointment of receivers to wind up their affairs and for dissolution. The charters of banks of deposit, savings banks, trust companies, and insurance companies and amendments or renewals of such charters must be approved by the Attorney General before execution by the Governor. The Attorney General is authorized to satisfy of record mortgages given to or for the use of the Commonwealth upon payment of the same. He also approves the sureties all fidelity bonds required to be given by officers or employes of the Commonwealth. on The Attorney General prosecutes writs of quo warranto and other extraordinary legal remedies in the name of the Commonwealth and acts with the Auditor General under the Act of June 7, 1915, P. L. 878, with respect to the escheat of deposits of money or property. The Attorney General has the right of access at all times to the books and papers of any administrative department, board or commission of the State government. Rules of Practice of the Department. The practice of the Department upon applications for writs of quo warranto, mandamus, other extraordinary legal process is as follows: or |
