17 April 1873 § 3. restrictions and liabilities of the corporation whose property and franchises may be P. L. 22. 31 May 1887. P. L. 278. Purchasers constituted a body politic. Powers. thus sold. 149. Whenever the material, rolling-stock, property and franchises of any gas, water, coal, iron, steel, lumber, oil, or mining or manufacturing, transportation or telegraph company, or any railroad, canal, turnpike, bridge or plank-road, or of any corporation, created by or under any law of this state, shall be sold and conveyed, under and by virtue of any process or decree of any court of this state or of the circuit court of the United States, or under or by virtue of a power of sale contained in any mortgage or deed of trust, without any process or decree of a court in the premises, the person or persons for or on whose account such material, rolling-stock, property and franchises of any gas, water, coal, iron, steel, lumber, oil, or mining or manufacturing, transportation or telegraph company, or any railroad, canal, turnpike, bridge or plank-road, or of any corporation, created by or under any law of this state, may be purchased, shall be and they are hereby constituted a body politic and corporate, and shall be vested with all the right, title, interest, property, possession, claim and demand in law and equity, of, in and to such material, rolling-stock, property or franchises of any gas, water, coal, iron, steel, lumber, oil, or mining or manufacturing, transportation or telegraph company, or any railroad, canal, turnpike, bridge or plank-road, or of any corporation, created by or under any law of this state, with the appurtenances, and with all the rights, powers, immunities, privileges and franchises of the corporation, as whose the same may have been so sold, (y) and which may have been granted to or conferred thereupon, by any act or acts of assembly whatsoever, in force at the time of such sale and conveyance, and subject to all the restrictions imposed upon such corporation by any such act or acts, except so far as the same are modified hereby ;(z) and the person for or on whose account any such material, rolling-stock, property and franchises of any gas, water, iron, steel, lumber, oil, or mining or manufacturing, transportation or telegraph company, or any railroad, canal, turnpike, bridge or plankroad, or of any corporation, created by or under any law of this state, may have been purchased, shall meet, within thirty days after the conveyance thereof shall be delivered, public notice of the time and place of such meeting having been given, at least once a week for two weeks, in at least one newspaper published in the city or county in which such sale may have been held, and organize said new corporation(a) by electing a president and board of six directors (to continue in office until the first Monday of May succeeding such meeting, when and annually thereafter on the said day a like election for a president and six directors shall be held to serve for one year), and shall adopt a corporate name and common seal, determine the amount of the capital stock thereof, not exceeding the amount authorized in the original charter, and shall have power and authority to make and issue certificates therefor to the purchaser or purchasers aforesaid, to the amount of their respective interests therein, in shares of fifty dollars each, and may then or at any time thereafter create and issue preferred stock to such an amount and on such terms as they may deem necessary, and from time to time to issue bonds, at a rate of interest not exceeding six per centum, to any amount not Bonds and mort- exceeding their capital stock, and to secure the same by one or more mortgages upon the real and personal property and corporate rights and franchises, or either, or any part or parts thereof: Provided, That no coal, iron, steel, lumber, or oil, or mining, manufacturing, transportation or telegraph company, shall have the benefit of this act, unless it shall have previously filed, with the secretary of state, its acceptance of all the provisions of the constitution, as provided by law.(b) Meeting of purchasers. Public notice. Organization. Name and seal. Preferred stock. gages. Acceptance. 25 May 1878 § 2. P. L. 145. Certificate to be transmitted to the secretary of state. Ibid. § 3. 150. It shall be the duty of such new corporation, within one calendar month after its organization, to make a certificate thereof, under its common seal, attested by the signature of its president, specifying the date of such organization, the name so adopted, the amount of capital stock, and the names of its president and directors, and transmit the said certificate to the secretary of state, at Harrisburg, to be filed in his office, and there remain of record; and a certified copy of such certificate, so filed, shall be evidence of the corporate existence of said new corporation. 151. The provisions of this act shall not inure to the benefit of any corporation, unless such corporation shall, before claiming or using the benefits of this act, file To accept the pro- in the office of the secretary of the commonwealth, an acceptance of the provisions of article sixteen of the constitution of this commonwealth; which acceptance shall be made, by resolution adopted at a regular or called meeting of the directors, trustees or other proper officers of such corporation, certified under the seal of the cor visions of the new constitution. (y) The sale of a railroad, under this act, does not extinguish the corporation. Commonwealth v. Central Passenger Railway, 52 P. S. 506. But it is not liable for an injury sustained by reason of its being out of repair, after the sale. Wellsborough and Tioga Plank-Road Co. v. Griffin, 57 P. S. 417. See Pittsburgh, Cincinnati and St. Louis Railroad Co. v. Fierst, 96 Ibid. 144. Lycoming Gas and Water Co. v. Moyer, 11 W. N. C. 443. Hogg's Appeal, 88 P. S. 195. (z) See acts 10 March 1868, P. L. 294, and 18 March 1868, P. L. 372, as to the purchasers of the estates of incorporated coal companies, in the counties of Luzerne and Schuylkill. (a) As to the organization of the new corporation, see Commonwealth v. Central Passenger Railway, 52 P. S. R. 506. (b) This is an amendment of the act 25 May 1878, § 1. P. L. 145. By act 11 April 1862, the purchasers poration; and a copy of which resolution, certified under the seal of the office of the 25 May 1878 § 3. secretary of the commonwealth, shall be evidence for all purposes. P. L. 145. 31 May 1887. P. L. 276. 152. In all cases in which the property and franchises of any corporation mentioned in the act and its supplement to which this is a further supplement, or of any telegraph company, may have been or shall hereafter be purchased at any sale, Powers of purby virtue of any process or decree of any court of this commonwealth or the circuit chasers to issue court of the United States, or under or by virtue of a power of sale contained in bonds and stock. any mortgage, or deed of trust, without any process or decree of a court in the premises, the person or persons, for or on whose account the same may have been or shall hereafter be purchased, shall have power and authority to determine the amount of the capital stock and bonds to be issued therefor, and to issue therefor certificates for the said capital stock, and also bonds, and secure the same by mortgage or mortgages on the real and personal property, corporate rights and franchises purchased. Such stock or bonds, or both, shall be issued to the purchaser or purchasers for their respective interests, in such amounts and proportions as may be determined by themselves, and shall be deemed and taken to have been issued for and in consideration of the property and franchises so purchased and received: Provided, That no railroad, canal or other transportation company, or telegraph Acceptance of the company, shall have the benefit of this act, unless it shall have previously filed, constitution. with the secretary of state, its acceptance of the provisions of the constitution of this state, in manner and form as provided by law. (c) 153. In all cases in which the property and franchises of any corporation, men- 25 May 1878 § 2. tioned in the act and its supplements, and to which this is a further supplement, or P. L. 148. of any telegraph company, have been sold, by virtue of any (process) or decree of Prior issues ratiany court of this commonwealth, or the circuit court of the United States, and the fied. person or persons for or on whose account the same have been purchased, have organized a corporation under the provisions of said act, and have issued stock and bonds to the purchaser or purchasers, for their respective interests, secured by mortgage, in such amount and proportions as may have been determined and agreed upon by them, such issues are hereby ratified, approved and confirmed. Ibid. § 3. 154. The provisions of this act shall not inure to the benefit of any corporation, nor shall they be considered as validating or confirming any act heretofore done To accept the proby any corporation, unless such corporation shall, before claiming or using the visions of the new benefits of this act, file in the office of the secretary of the commonwealth, (d) an constitution. acceptance of the provisions of article sixteen of the constitution of this commonwealth; which acceptance shall be made by resolution, adopted at a regular or called meeting of the directors or trustees, or other proper officers of such corporation, certified under the seal of the corporation; and a copy of which resolution, certified under the seal of the office of the secretary of the commonwealth shall be evidence of all purposes. P. L. 452. benefit of creditors 155. Whenever any railroad, canal, turnpike, bridge or plank-road of any cor- 18 April 1864 § 1. poration, created by or under any law of this state, shall be sold and conveyed, by an assignee or trustee of the property of such corporation, as such, constituted for Purchasers from the use or benefit of all the creditors thereof, such sale and conveyance shall con- assignees for the fer the same privileges, and impose the same duties and restrictions upon the per- to be invested with son or persons, for or on whose account the same may be purchased, and otherwise the franchises of the corporation. operate, in all respects, as is provided in the said act to which this is a supplement, (d) in regard to any sale or conveyance, under or by virtue of any process or decree of any court. 19 Feb. 1867 § 1. P. L. 28. the franchises. 156. All the provisions of the act entitled "An act concerning the sale of railroads, canals, turnpikes, bridges and plank-roads," approved the 8th day of April, Anno Domini 1861, (d) shall extend and apply to sales and conveyances heretofore Purchasers under or hereafter made, under or by virtue of a power of sale, contained in any mort- a power of sale to gage or deed of trust, without any process or decree of court in the premises; and be invested with the person or persons, for or on account of whom such railroad, canal, turnpike, bridge or plank road shall have been, or hereafter may be purchased, shall have and enjoy all the rights and privileges granted and conferred by the said act, upon the person or persons purchasing under judicial process or decree, as in said act mentioned. are to secure any debts due to the commonwealth. P. L. 450. (c) This is an amendment of the act 25 May 1878, § 1. P. L. 148. 28 (d) See supra 149. The acts of 25 May 1878, P. L. 145, and 31 May 1887, P. L. 278, are amendments and extensions of the act 8 April 1861, P. L. 259. COSTS. See ACTIONS PERSONAL; ARREST OF JUDGMENT; CORPORATIONS; CRIMINAL PROCEDURE; DECEDENTS' ESTATES; EQUITABLE PLAINTIFFS; EXECUTION; FEES; FOREIGN ATTACHMENT; HABEAS CORPUS; MANDAMUS; NEW TRIAL; ROADS, HIGHWAYS AND BRIDGES; SLANDER. 29 March 1805 § 18. 4 Sm. 242. I. Jury fee to be paid and taxed as costs. 1. Whenever any verdict, in a civil action or cause, shall be taken, the plaintiff or defendant, for whom the same shall be given, shall forthwith pay to the Jury fee to be paid sheriff the sum of four dollars, which shall be taxed with the costs, and afterand taxed as costs. wards repaid by the party against whom such verdict shall be given, if the same be a verdict wherein costs be recoverable, for the use of the party so advancing that sum; and the money so to be collected shall be paid into the hands of the county treasurer, to be appropriated towards a fund for defraying the expenses of the juries who shall attend on the said courts respectively. COUNCILS. See BOROUGHS; MUNICIPAL CORPORATIONS. COUNTERFEITING. See CRIMES. COUNTIES AND TOWNSHIPS. See TOWNSHIP OFFICERS. I. DIVISION OF THE STATE INTO COUNTIES. 1. State divided into counties. 24. Tax-payers may become parties to suits against certain municipal corporations. 25. Tax-payers may appeal from reports of county 2. Cities to form a part of counties, saving their auditors, and defend suits against the county, in cerrights and privileges. 3. Commissioners to mark county lines. tain cases. Recognizance on appeal. Petition for leave to prosecute or defend. Bond. IV. OF THE PUBLIC BUILDINGS, &c. 26. Of the erection of county buildings. 27. Commissioners to keep them in repair, and to alter or enlarge them. 28. County officers to keep their offices therein. Penalty for neglect. 29. Erection of additional buildings for the poor. 30. Purchase of lands. 31. Loans may be contracted for erection of public buildings. 32. Power to sell land reserved for public buildings. 33. Temporary court-houses. 34. Purchase of ground for building purposes. Proceedings in case of disagreement with the owners. Viewers to be appointed. Notice of view. Viewers to be sworn. Description and valuation to be returned. Appeal. Issue. Writ of error. Absolute confirmation, and judgment for amount. Execution. Compensation of viewers. Ground may be taken pendente lite. Notice to vacate. Entry, after notice. 35. Title to vest in fee in the county. 36. Bond may be given, in case of disagreement. Condition. Proceedings when bond is not accepted. 37. Adverse claimants to the land selected. Payment into court. 38. Upon appeal, commissioners to file bond and take possession. I. Division of the state into counties. 1. The state shall be divided into the following named counties, to wit: Phil- 15 April 1884 § 1. adelphia, Bucks, Chester, Lancaster, York, Cumberland, Berks, Northampton, P. L. 537. Bedford, Northumberland, Westmoreland, Washington, Fayette, Franklin, Mont-State divided into gomery, Dauphin, Luzerne, Huntingdon, Allegheny, Mifflin, Delaware, Lycoming, counties. Somerset, Greene, Wayne, Adams, Centre, Beaver, Butler, Mercer, Crawford, Erie, Warren, Venango, Armstrong, Indiana, Jefferson, McKean, Clearfield, Potter, Tioga, Cambria, Bradford, Susquehanna, Schuylkill, Lehigh, Lebanon, Columbia, Union, Pike, Perry, Juniata, as the same are now by law established, and into such others as the legislature may from time to time establish.(e) 2. Every city shall be deemed and taken to form part of the county in which it is or may be situate, saving nevertheless to each city and to the citizens thereof all and singular the jurisdictions, powers, rights, liberties, privileges and immunities granted by the respective charters, and by the laws of this commonwealth. 3. When it shall appear to the satisfaction of the courts of quarter sessions of two adjoining counties, that the county line between them, or any part thereof, should be surveyed and marked, the said courts shall jointly appoint a commission to ascertain and mark the same. 4. Such commission shall be composed of one surveyor from each county, and of a third surveyor from another county. Ibid. § 2. Cities to form part privileges. P. L. 42. mark county lines. Supp. 2555. P. L. 97, by act 22 May 1895, This act is amended 5. They shall take and subscribe an oath to perform their duties with impartiality and fidelity. Ibid. § 3. 6. And shall carefully ascertain the old line and designate the same by suitable marks of a permanent character. Ibid. §4. 7. And make a report in writing, with a draft showing the course and distances of the county line, and the tracts of land through which it passes, and the roads and streams and buildings in close proximity. Ibid. § 5. Report. 8. Copies of the report shall be filed in each court, and if approved by the court, shall be recorded. Ibid. § 6. 9. The commissioners shall receive a compensation of four dollars a day, for each day necessarily spent in the discharge of their duties. Ibid. § 7. 10. They may employ an axeman and two chain-carriers, at a compensation of two dollars a day. Ibid. § S. Ibid. § 9. 11. The expense of the commission shall be paid by the counties jointly. (e) MONROE County, erected out of parts of Northampton and Pike counties, by act 1 April 1836. P. L. 450. CLARION county, out of parts of Venango and Armstrong counties, by act 11 March 1839. P. L. 51. CLINTON county, out of parts of Lycoming and Centre counties, by act 21 June 1839. P. L. 362. WYOMING County, out of the northern part of Luzerne county, by act 4 April 1842. P. L. 222. CARBON County, out of parts of Northampton and Monroe counties, by act 15 February 1843. P. L. 85. ELK County, out of parts of Jefferson, Clearfield and McKean counties, by act 18 April 1843. P. L. 512. BLAIR County, out of parts of Huntingdon and Bedford counties, by act 26 February 1846. P. L. 64. SULLIVAN County, out of part of Lycoming county, by act 15 March 1847. P. L. 462. 15 April 1834 § 3. P. L. 538. Corporate powers. To sue and be sued. To hold property. To make contracts. Ibid. § 4. Ibid. § 8. II. Their corporate powers. 12. The several counties and townships in this state shall have capacity as bodies corporate :(g), of 13. I. To sue and be sued(h) as such by the corporate name (i) of the county or the township of , as the case may be. 14. II. To take and hold real estate within their respective limits, and also personal property :(k) Provided, That such real and personal estate shall be taken and held only for the benefit of the inhabitants of the respective county or township, and for such objects and purposes, and none other, as county or township rates and levies are now, or hereafter may be, authorized by law to be laid and collected, and for such other objects and purposes as may hereafter be expressly authorized by law. 15. III. To make such contracts (1) as may be necessary and proper for the execution of the same, objects and purposes. 16. The corporate powers of the several counties and townships shall be exercised by the commissioners or supervisors thereof, respectively. 17. There shall be a county seal for each county of this state, which shall be in the custody of the commissioners thereof, and the official acts of the commisTo have a county sioners shall be authenticated therewith. seal. Ibid. § 9. Public property to be vested in the county. 15 April 1834 §5. P. L. 535. 18. The titles to all and singular the court-houses, jails, prisons and workhouses, together with the lots of land thereunto belonging or appertaining, in the several counties in this state, as they now are, or heretofore have been, vested in any feoffees or trustees, or in the commonwealth, or in the commissioners of the respective counties, or any bodies politic or corporate, for the several use of the said counties respectively, shall be, and they are hereby declared to be vested in the respective counties for the use of the people thereof, and for no other use.(m) III. Actions by and against counties and townships. 19. All suits by a county or township shall be brought and conducted by the commissioners or supervisors thereof respectively, and in all suits against(n) a county or township, process shall be served upon, and defence made by the comties or townships. missioners or supervisors thereof, respectively.(o) How suits brought by or against coun Ibid. § 6. 20. If the judgment shall be obtained against a county in any action or proceeding, the party entitled to the benefit of such judgment may have execution How execution to thereof as follows, and not otherwise, (p) viz.: It shall be lawful for the court in be had against a county. Ibid. § 7. Or a township. which such judgment shall be obtained, or to which such judgment may be removed by transcript from a justice of the peace or alderman, to issue thereon a writ commanding the commissioners of the county to cause the amount thereof, with the interest and costs, to be paid to the party entitled to the benefit of such judgment, out of any moneys unappropriated of such county,(9) or if there be no such moneys, out of the first moneys that shall be received for the use of such county, and to enforce obedience to such writ by attachment.(r) 21. If judgment shall be obtained against a township, the like proceedings may be had to enforce payment out of the township funds, according to the circumstances of the case. (s) (g) They possess no legislature powers; and are but quasi corporations. Kittanning Academy v. Brown, 41 P. S. 270. (h) They can only be sued in the courts of the proper county. Lehigh v. Kleckner, 5 W. & S. 181. (i) If the action be against "the commissioners of the county," it is erroneous. Wilson v. Huntingdon County, 7 W. & S. 197. But such an objection to the form of action can only be raised by plea in abatement: the pleas of non est factum, and payment, admit the legal capacity of the plaintiffs to maintain the action, in the name set forth in the declaration. Fritz v. Commissioners, 17 P. S. 135. And see Glover v. Wilson, 6 Ibid. 290-2. Anderson v. Hamilton Township, 25 Ibid. 75. (k) See Vankirk v. Clark, 16 S. & R. 286. Lawrence County v. Leonard, 83 P. S. 206. 193. (1) See Commonwealth v. Philadelphia, 2 S. & R. Vankirk v. Clark, 16 Ibid. 290. Cooper v. Lampeter, 8 W. 125. Dauphin v. Bridenhart, 16 P. S. 458. Batten v. Brandywine, 3 Clark 462. By the act 14 April 1881, P. L. 10, counties may refund their indebtedness by issuing new bonds with or without coupons. (m) A mechanics' lien cannot be filed for materials furnished for the erection of a county building. son v. Huntingdon County, 7 W. & S. 197. Wil (n) As to their liability to suit, see Dean v. New Milford Township, 5 W. & S. 545. Allegheny County v. Watt, 3 P. S. 462. Eyster v. Rineman, 11 Ibid. 147. No action can be maintained against a county, without a previous demand for payment. Luzerne County v. Day, 23 P. S. 141. They are not liable for interest on their warrants. Dyer v. Covington Township, 19 P. S. 200. Allison v. Juniata County, 50 Ibid. 351. See Boustead v. Penn District, 1 Phila. 180. Seranton v. Hyde Park Gas Co., 102 P. S. 382. (0) Service on two of the commissioners is good, although one of them had not taken the oath of office; and, it seems, that service upon one would be sufficient. Kleckner v. Lehigh County, 6 Wh. 66. (p) See form of such process. Hewson v. Kensington, 1 Clark 322. It is not an original proceeding, but final process to enforce the payment of a judgment. Pollock v. Lawrence County, 2 Pitts. 137. (q) See Commonwealth v. Floyd, 2 Pitts. 342. Larimer v. Pitt Township, Ibid. 352. Loute v. Allegheny County, Ibid. 411. Commonwealth v. Allegheny County, Ibid. 417. Commonwealth v. Floyd, Ibid. 422. (r) No other mode can be pursued than that which is pointed out by the act; there can be no seizure, extension or sale of the property of the county. Wilson v. Huntingdon County, 7 W. & S. 200. A township cannot give bail for stay of execution. Morgan v. Moyamensing, 2 M. 397. (s) By act 2 April 1860, the like proceedings may be had to enforce payment of a judgment against a |