27 Pa. Super. 648 | Pa. Super. Ct. | 1905
Opinion by
Section 17 of the Act of June 3, 1878, P. L. 160, provides that “ There shall be no hunting or shooting or fishing on the first day of th'e week, called Sunday, and any person offending ■against the provisions of this section shall be liable to a penalty of twenty-five dollars.”
The defendant, having been convicted of fishing on Sunday, contends that this act is unconstitutional (1), in containing two subjects, game and game fish; (2) in that the subject of the 17th section is not clearly expressed in the title; and also that this section is repealed by section 48 of the Act of May 29, 1901, P. L. 302.
The title of the act of 1878 is “ An act to amend and consolidate the several acts relating to game and game fish.” As to the subject of the act, there has been from the beginning, in our acts of assembly relating to hunting and fishing, such an association of bird, beast and fish as subjects of regulation in common, with respect to time and manner of taking, and penalties
There is no substantial ground for regarding section 17 of the act of 1878 as repealed by section 48 of the act of 1901. The subject of the latter act, as expressed in its title, is the encouragement and regulation of the propagation of fish, by restricting methods of fishing, and establishing closed seasons for the different species. Section 48 provides that “ The following acts and parts of acts of assembly are intended to be supplied by this act, and the same are hereby repealed: (1) An act to amend and consolidate the several acts relating to game and game fish, approved the third day of June, Anno Domini one thousand eight hundred and seventy-eight; each and all
Judgment affirmed.