Upon failure to appear. Trustee, Duty of. Judgment, Costs. in possession and making application, with condensed statement of the contents of the petition and a description of the real estate. Section 2. Whenever any person or persons claiming, or having an apparent interest in or title to, real estate, but not having been in possession thereof as aforesaid, shall have been served by publication in the manner prescribed in the preceding section, are unknown, or are minors, under the age of twenty-one years, or are lunatics, or are suffering under any other legal disability, and shall fail to appear within six months after the date of such service, it shall be the duty of the court to appoint a trustee for such unknown parties, or minors or lunatics, or parties suffering under other legal disability, upon whom the rule to bring ejectment, as aforesaid, shall be served; and it shall be the duty of such trustee to investigate the matters set forth in said petition, and to appear and make answer thereto, within sixty days of the date of the service of such rule upon him, if, upon such investigation, such trustee should decide that an appearance and answer are required to properly protect the interest of the parties unknown, or minors or lunatics, or parties suffering under any legal disability, as aforesaid. Section 3. Whenever any person or persons claiming, or having an apparent interest in or title to, real estate, but not having been in possession thereof as aforesaid, shall have been served by publication in the manner prescribed in the preceding sections, and shall fail to appear and show cause why such action of ejectment cannot be brought, within six months after such service; and, in case of unknown parties, or lunatics, or persons suffering under other legal disability, within sixty days after the service of such rule upon the trustee for such unknown parties, minors, lunatics, or persons suffering under other legal disability, as aforesaid; it shall be the duty of the court to make the rule absolute, and enter judgment against the person or persons so served, which judgment shall be final and conclusive between the parties, their heirs and assigns; and thereafter no action of ejectment for the recovery of said real estate shall be brought by such person or persons claiming, or having an apparent interest in or title to, said real estate, but not having been in possession thereof, as aforesaid, or any person claiming by, from or under such person or persons: Provided, That if the party or parties served shall fail to appear and show cause, within the period of six months, as aforesaid, he, she or they shall not in any event be liable for costs; which costs, in the discretion of the court, may include a reasonable com pensation for any trustee appointed by virtue of this act. APPROVED-The 18th day of April, A. D. 1905. No. 146. A JOINT RESOLUTION Creating a commission to investigate various charitable institutions. Whereas, There is an alarming increase in the num ber of indigent insane and other helpless persons of the Commonwealth, and a belief that adequate accommodations for their proper care and treatment are not at present available; and Whereas, Recognizing the importance of the trust imposed upon the State to provide safe and sanitary accommodations and proper methods of treatment and control of these sadly afflicted wards of the Commonwealth; therefore, Preamble. vestigate chari Be it resolved, By the Senate and House of Repre- Commission to insentatives of the General Assembly of the Common- table institutions. wealth of Pennsylvania, That a committee, consisting of three members of the House of Representatives, to be appointed by the Speaker of the House, and two members of the Senate, to be appointed by the Presi dent pro tempore of the Senate, together with the Speaker of the House, the President pro tempore of the Senate, and the present Auditor General, shall be constituted a committee of eight, to make a full and complete investigation and inquiry into the capacity and condition of the various hospitals for the insane, deaf, dumb, blind, and feeble-minded, or similar institutions, maintained wholly or in part by State appropriations; to inquire into the methods of conduct, treatment and management, and into all other matters pertaining to such institutions; and for this purpose the committee is to have general powers to sub- General powers poena witnesses, and to compel by process their attendance before said committee to give evidence upon the subject matter to be inquired into; to compel the production of persons and papers, and to examine all records and methods of maintenance, treatment and management of the several institutions above enumerated; to have free access to all such institutions, and books and records of all kinds, and to employ counsel and clerks to aid and assist said committee in their investigations. It shall be the duty of the said Duties. committee to make a full and complete report of their investigations, together with suggestions as to the necessary legislation to correct any abuses or carry APPROVED-The 18th day of April, A. D. 1905. Bradford county. Pay of referee. Repeal. No. 147. AN ACT To repeal an act, entitled "An act to repeal so much of the seventh section of an act, approved April sixth, one thousand eight hundred and sixty-nine, entitled 'An act authorizing the reference of civil actions in the county of Bradford,' as requires the county to pay the referee," approved the tenth day of May, Anno Domini one thousand eight hundred and seventy-one. Section 1. Be it enacted, &c., That an act, entitled "An act to repeal so much of the seventh section of an act, approved April sixth, one thousand eight hundred and sixty-nine, entitled 'An act authorizing the reference of civil actions in the county of Bradford,' as requires the county to pay the referee," approved May tenth, one thousand eight hundred and seventyone, be and the same is hereby repealed. APPROVED-The 18th day of April, A. D. 1905. District attorneys. Salaries. Assistants. No. 148. AN ACT To fix the salaries of district attorneys, and providing for the appointment of assistant district attorneys, in the several counties in this Commonwealth having over two hundred and fifty thousand inhabitants and less than five hundred thousand inhabitants; prescribing the powers and duties, and fixing the salaries of, the said assistant district attorneys. Section 1. Be it enacted, &c., That in all counties of this Commonwealth having over two hundred and fifty thousand inhabitants and less than five hundred thousand inhabitants, the annual salary of the distrist attorney shall be five thousand dollars; and the district attorneys of said counties shall have authority to appoint one or more assistants, learned in the law, not exceeding three in number, to assist the district attorney in the discharge of his duties. The first assistant district attorney shall receive an Salaries. annual salary of two thousand four hundred dollars. The second assistant district attorney shall receive an annual salary of two thousand dollars. The third assistant district attorney shall receive an annual salary of one thousand eight hundred dollars. Section 2. All acts or parts of acts inconsistent Repeal. herewith be and the same are hereby repealed. APPROVED-The 18th day of April, A. D. 1905. No. 149. AN ACT Making an appropriation to Robert Tagg, of the city of Philadelphia, Pennsylvania, for the payment of a judgment recovered by him against the Commonwealth of Pennsylvania, to number eight, Commonwealth docket, one thousand nine hundred and five, in the court of common pleas of Dauphin county. Whereas, Under the provisions of an act, entitled Preamble. "An act authorizing Robert Tagg, a resident of Philadelphia, Philadelphia county, to bring suit in the court of common pleas of Dauphin county against the Commonwealth of Pennsylvania," approved the twentythird day of April, one thousand nine hundred and three (pamphlet laws, page two hundred and ninetytwo), an action was brought by said Robert Tagg Robert Tagg. against the Commonwealth of Pennsylvania, in the said court, to number eight, Commonwealth docket, one thousand nine hundred and five, and judgment thereon recovered by him against the said Commonwealth of Pennsylvania, in the amount of two thousand four hundred dollars; now, therefore: Section 1. Be it enacted, &c., That the sum of two thousand four hundred dollars be and the same is hereby specifically appropriated to Robert Tagg, of Appropriation. the city of Philadelphia, Pennsylvania, for the payment of said judgment, which includes debt, interest and costs. Section 2. The said appropriation to be paid by the warrant of the Auditor General, drawn on the State Treasurer for the said sum. APPROVED-The 18th day of April, A. D. 1905. SAML. W. PENNYPACKER. Courts. Orphans' court judges may hear and determine equity proceed ings. To be deemed specially presiding. Service not com. pulsory. of president judge. No. 150. AN ACT To authorize the judges of separate orphans' courts to hear and determine proceedings in equity, at the request of the judges of the common pleas. Section 1. Be it enacted, &c., That in addition to the powers now possessed and exercised by the judges of the separate orphans' courts of this Commonwealth, said judges shall, when called upon by the president or other law judge of any court of common pleas, as hereinafter provided, have power to hear and determine all issues and other matters in equity so fully and effectually, and to dispose thereof in the same manner, as may be done by the courts of common pleas or the law judges thereof sitting in equity, in accordance with the laws, rules, regulations and practice governing the exercise of equity jurisdiction in this Commonwealth. And whenever any service shall be rendered, in pursuance hereof, by a judge of such orphans' court, he shall be deemed to be specially presiding in, and to have the powers of, the court of common pleas of the proper county, sitting in equity. Section 2. Nothing in this act shall be construed to make it compulsory upon the judges of said orphans' courts to render the services aforesaid; but whenever the proper dispatch of business requires it, an arrangement can be made with a judge of such orphans' court for such service, the president judge of the court of common pleas of the proper county shall certify all matters or issues to be heard and determined by such orphans' court judge, specially presid ing as aforesaid. Section 3. In districts having one or more additional Absence or illness law judges, whenever the president judge shall be absent from the district or disabled by sickness, and occasion should occur, it shall be competent for the additional law judge, and in districts having more than an additional law judge, for the one oldest in commission, being then in the district, to arrange for the service herein provided for, and to make the necessary certificates, in like manner and to the same intent, effect and purpose as the same could be done by the said president judge. Certificates. Compensation. Section 4. No additional compensation shall be received by the said orphans' court judges for any service rendered in pursuance hereof; but they shall be entitled to be paid such mileage and other actual expenses as provided by law for judges of this Commonwealth when holding court outside of the district for which they shall have been commissioned. |