Section 8. The expenses of the commission shall be Payments, paid by such counties jointly, in equal parts, upon presentation of properly itemized bills, duly verified by affidavit of the person claiming payment, or some one on his behalf. Section 9. The act of April seventeenth, one thou- Repeal. APPROVED-The 14th day of April, A. D. 1905. No. 116. AN ACT Relating to church charters which have been granted without incorporating the provisions of section seven of act of twenty-sixth of April, one thousand eight hundred and fiftyfive, validating the same for the period of two years, and authorizing amendments to said charters containing the provisions of said section seven of act of twenty-sixth April, one thousand eight hundred and fifty-five. Whereas, It was provided by section seven of act of Preamble. twenty-sixth April, one thousand eight hundred and fifty-five, pamphlet laws, in part as follows: Section 7, act of "Section 7. That whensoever any property, real or personal, shall hereafter be bequeathed, devised or cited. conveyed to any ecclesiastical corporation, bishop, ecclesiastic, or other person, for the use of any church, congregation or religious society for religious worship or sepulture, or the maintenance of either, the same shall not be otherwise taken and held, or enure, than subject to the control and disposition of the lay members of such church, congregation or religious society, or such constituted officers or representatives thereof as shall be composed of the majority of lay members, citizens of Pennsylvania, having a controlling power, according to the rules, regulations, usages or corporate requirements thereof, so far as consistent herewith; and no charter hereafter granted by any court for any church, congregation or religious society shall be valid, without requiring such property to be taken, held and to enure, subject as aforesaid, except such religious society who be composed exclusively of others than laymen, may have trustees or corporations of the same description of persons"; And whereas, Charters have been granted to churches, congregations, or religious societies for reli Church charters. Validating certain. Proviso. Amendment of charter. Decree. gious worship or sepulture, or the maintenance of either, without incorporating the provisions of the said section seven of act of twenty-sixth April, one thousand eight hundred and fifty-five, and property, real and personal, has been bequeathed, devised and conveyed for the use of such churches, congregations, and religious societies for religious worship or sepulture, or the maintenance of either; and Whereas, It has been held that charters granted without incorporating the said provisions of section seven of the act of twenty-sixth April, one thousand eight hundred and fifty-five, are invalid; Now, therefore, In order to validate the said charters, and give the said churches, congregations, and religious societies for religious worship or sepulture, or the maintenance of either, an opportunity to incorporate the said provisions of section seven, of twentysixth April, one thousand eight hundred and fiftyfive, in their charters: Section 1. Be it enacted, &c., That the charters heretofore granted for any church, congregation, or religious society for religious worship or sepulture, or the maintenance of either, within the Commonwealth of Pennsylvania, without a clause incorporating therein the provisions of said section seven of the act of twenty-sixth April, one thousand eight hundred and fifty-five, shall be deemed valid for the term of two years from the passage of this act: Provided, That within the two years the said church, congregation, or religious society for religious worship or sepulture, or the maintenance of either, through their duly constituted authorities, shall apply to the respective courts of common pleas of the county or counties in which they are situated, by petition, praying that their charter may be amended by adding the words "All property, real or personal, belonging to said corporation, or which shall hereafter be bequeathed, devised, or conveyed to it, shall not be otherwise taken, held, or to enure, than subject to the control and disposition of the lay members of such church, congregation or religious society, or such constituted officers or representatives thereof as shall be composed of the majority of lay members, citizens of Pennsylvania, having a controlling power, according to the rules, regulations, usages or corporate requirements thereof, so far as consistent herewith," and for a decree allowing the said amendment to be made a part of said charter, with the same force and effect as if the said provisions had been embraced in their original applications for the incorporation. Section 2. On the entry of a decree by the courts of common pleas, of the respective counties, granting the said amendment, the said charter shall be in all re spects as valid as if the said provisions of the act twenty-sixth of April, one thousand eight hundred and fifty-five, had been embraced in the charter at the time when it was originally granted; and the title to all property, real or personal, heretofore bequeathed, devised or conveyed to said church, congregation, religious society for religious worship or sepulture, or the maintenance of either, shall be firm and stable for ever. APPROVED-The 14th day of April, A. D. 1905. SAML. W. PENNYPACKER. No. 117. AN ACT To amend an act, entitled "An act to amend the seventh section of an act, entitled 'A supplement to an act, entitled "An act to create a sinking fund, and to provide for the gradual and certain extinguishment of the debt of the Commonwealth," and to authorize a loan,' approved the fifteenth day of May, Anno Domini one thousand eight hundred and fifty, relieving stock brokers, bill brokers and exchange brokers from the provisions of said act," approved the seventh day of June, Anno Domini one thousand nine hundred and one, by extending the provisions of said act to all merchandise brokers and real estate brokers, whether persons, firms or corporations. Section 1. Be it enacted, &c., That section one of Brokers. an act, entitled "An act to amend the seventh section of an act, entitled 'An supplement to an act, entitled "An act to create a sinking fund, and to provide for the gradual and certain extinguishment of the debt of the Commonwealth," and to authorize a loan,' approved the fifteenth day of May, Anno Domini one thousand eight hundred and fifty, relieving stock brokers, bill brokers and exchange brokers from the provisions of said act," approved the seventh day of June, Anno Domini one thousand nine hundred and one, which reads as follows: "That hereafter all merchandise brokers and real estate brokers, in each and every city and county of this Commonwealth, shall be required to pay annually, to the use of the Commonwealth, for their respective commissions or licenses, granted in pursuance of the several acts of Assembly now in force relating to the same, upon their annual receipts from commissions, discounts, abatements, allowances or other similar means in the transaction of their business, three per centum," be and the same is hereby amended so as to read as follows: Section 7. That hereafter all merchandise brokers and real estate brokers, whether persons, firms, or corporations, in each and every city and county of this 11 Laws. Section 7 act of June 7, 1901, cited for amendment. Merchandise brok ers and real es tate brokers. Commonwealth, shall be required to pay annually, to the use of the Commonwealth, for his, their, or its respective commissions or licenses, granted in pursuance of the several acts of Assembly now in force relating to the same, upon his, their, or its annual receipts from commissions, discounts, abatements, allowances, Three per centum. or other similar means in the transaction of said business, three per centum. APPROVED-The 14th day of April, A. D. 1905. SAML. W. PENNYPACKER. Preamble. Line and partition fences. Erection and maintenance of certain fences. No. 118. AN ACT Regulating the method and procedure in the erection of line or partition fences. Whereas, From the different acts of Assembly in regard to fence laws in this Commonwealth, grave complications and litigations arise between owners of real estate as to the line of partition fences: Section 1. Be it enacted, &c., That from and after the passage of this act, owners of improved and occupied land shall erect and maintain an equal part of all line or division fences between them, nor shall any such owner be relieved from liability under the provisions of this act except by the consent of the adjoining owner. And if any owner of such improved and occupied land shall fail or neglect to erect or maintain his, her or their share of such line or division fence, the party aggrieved shall notify the township Duty of township or borough auditors, whose duty it shall be to examine or borough au ditors. Compensation of. of the peace. Duty of justices. such line or division fence, so complained of; and if they find said fence sufficient, the complainant shall pay the costs of their services, which shall be two dollars for each day's service; but if they find such fence Report to justice insufficient, they shall so report to a justice of the peace, residing in the county where such fence is located, designating points and distances of such fence. whether a new fence is required or whether the old one can be repaired, and the probable costs of a new. or the repair of the old, fence; and said justice shall notify the delinquent owner of such improved and occupied land of the auditors' report, and that his part of said fence, as found by the auditors, be erected or repaired within forty days from the date of such notice; and if such notice be not complied with, the ag grieved party may cause said line or division fence to be erected or repaired, and the costs thereof collected from the delinquent owner of such improved and occupied land, as other debts are collected by law: Pro Proviso. vided, however, That no owner of improved land shall be compelled to build or repair fence during the months of December, January, February, and March: And provided further, That nothing herein contained shall be construed to apply to railroad companies. When fence has adjoining owner. been erected by Section 2. Where an owner has improved up to and erected upon the line a division fence, and an adjoining owner subsequently improves and occupies up to said line, he shall become liable to the former for such part of the cost of said fence as is just and reasonable, taking into consideration the quantity of the fence, the length of time it had been erected, and its condition. And in case the parties fail to agree on the In case of failure amount to be paid, the owner who erected said fence may complain to the auditors, aforesaid, who shall assess the amount which, in their opinion, the other party should pay; which amount, with costs, may be recovered as provided in section one of this act. to agree. Section 3. All acts or parts of acts inconsistent Repeal. with this act are hereby repealed. APPROVED-The 14th day of April, A. D. 1905. SAML. W. PENNYPACKER. No. 119. AN ACT To supplement and amend section third of an act, entitled "An act relating to replevin, and regulating the practice in cases where the writ of replevin is issued," approved the nineteenth day of April, nineteen hundred and one; permitting replevied property to be impounded in certain cases, and regulating the practice in such cases. Section 1. Be it enacted, &c., That the third section Replevin. of an act, entitled "An act relating to replevin, and regulating the practice in cases where the writ of replevin is issued," approved the nineteenth day of April, nineteen hundred and one, which reads as follows: "The court or, in vacation time, a judge thereof at chambers, may grant leave to any person, upon an affidavit filed that the goods and chattels so replevied belong to him, to intervene as party defendant in such suit; ard the defendant or party so intervening may file a counter bond within seventy-two hours after such goods or chattels have been replevied, during which time the said goods and chattels shall remain in the possession of the sheriff, and which time may be extended by the court or, in vacation time, a judge thereof at chambers, upon cause shown. Such counter bond shall be given to the Commonwealth of Pennsylvania, for the use of the parties interested, in the same amount as the original bond and with like con Section 3, act of amended, cited April 19, 1901, as for amendment. |