32 Pa. Super. 78 | Pa. Super. Ct. | 1906
Opinion by
This appeal is from the judgment of the common pleas of Cumberland county, affirming on certiorari the judgment of a justice of the peace for the penalty prescribed by the act of April 14,1903. The pertinent provisions of the act are as follows : “ Every non-resident and every unnaturalized foreign-born resident of this commonwealth shall be required to take out a license from the treasurer of the county in which he proposes to hunt before beginning to hunt in any part of this commonwealth.” After payment of a license fee of $ 10.00 to the treasurer of the county in which he proposes to hunt, the act further provides that a certificate should be issued to him in an approved form, “ which certificate shall authorize the owner thereof to hunt and kill game in any part of this commonwealth, during the period of that year when game may be legally killed under the restrictions and for the purposes allowed by law.” The complaint made by the gamewarden avers that “one Plarry Cannon, being a non-resident of this commonwealth of Pennsylvania, did on October 18, 1904, in Penn Township, Cumberland County, Pa., unlawfully hunt without first procuring a license from the County Treasurer in said county in which he hunted, as required by the act of assembly,” etc. It
The declaration of the magistrate, that “it manifestly ap~