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Corporations.

Section 1, act of June 8, 1893, cited for amendment.

be reduced.

No. 183.
AN ACT

To amend the first section of an act, entitled "An act to provide for the manner of reducing the capital stock of corporations," approved the eighth day of June, Anno Domini one thousand eight hundred and ninety-three (1893); extending the provisions of the said act to all corporations created by general or special law, and repealing all acts or parts of acts inconsistent therewith.

Section 1. Be it enacted, &c., That the first section of an act, entitled "An act to provide for the manner of reducing the capital stock of corporations," approved the eighth day of June, Anno Domini one thousand eight hundred and ninety-three (1893), which reads as follows:

"Section 1. Be it enacted, &c., That the capital stock of any corporation may be reduced, from time to time, by the consent of the persons or bodies corporate holding the larger amount in value of the stock of such company, provided that such reductions shall not be below the amount of capital stock required by law for the formation of such company," be and the same is hereby amended to read as follows:

Section 1. Be it enacted, &c., That the capital stock of any corporation created by general or special law Capital stock may may be reduced, from time to time, by the consent of the persons or bodies corporate holding the larger amount in value of the stock of such corporation, provided that such reduction shall not be below the minimum amount of capital stock required by law for the formation of corporations formed for similar purposes.

Repeal.

Section 2. All acts or parts of acts inconsistent herewith are hereby repealed.

APPROVED-The 22d day of April A. D. 1905.

SAML. W. PENNYPACKER.

Railroad companies.

No. 184.

AN ACT

To authorize railroad companies of this Commonwealth, in order to secure an adequate supply of water for their corporate purpose, to acquire, hold, dispose of, and guarantee the stock and securities of water companies.

Section 1. Be it enacted, &c., That in order to enable railroad companies of this Commonwealth to secure an adequate supply of water for their necessary corporate purposes, they are hereby authorized, from time to time, to acquire, own and hold, pledge, sell or otherwise dispose of, the stock, bonds and other secuwater companies. rities, or either, and to guarantee the stock, bonds and other securities, or either, of water companies.

May acquire, hold, etc., stock,

bonds, etc., of

APPROVED-The 22d day of April A. D. 1905.
SAML. W. PENNYPACKER.

No. 185.

AN ACT

Relating to sheriff's and coroner's deeds.

coroner's deeds.

Section 1. Be it enacted, &c., That from and after the Sheriff's and period of three months from the approval of this act, sheriff's and coroner's deeds shall be made in the following words:

Know all men by these presents, That I, sheriff (or coroner) of the county of

...

in the State of Pennsylvania, for and in consideration
of the sum of ........
dollars, to me in hand
paid, do hereby grant and convey to (here describe the
grantee or grantees, and the property conveyed, with
the recital of title if desired), the same having been
sold by me to the said grantee ....., on the................
day of ...
nine hundred.

Anno Domini one thousand
.after due advertisement

according to law, under and by virtue of a writ (here
name the writ), issued on the ........ day of .......

Anno Domini,

the court) as of

nine hundred.....

out of the (here name
Term, one thousand

[blocks in formation]

(here name the plaintiff or plaintiffs) against (here name the defendant or defendants, and terre tenant or terre tenants if any).

In witness whereof, I have hereunto affixed my signature, this .. day of .....

Domini

Commonwealth of Pennsylvania, ss:

Anno

Before the undersigned, (prothonotary or clerk, or deputy, as the case may be) of the (here name the court), personally appeared sheriff (or

coroner) of .....

... county aforesaid, and in due form of law declared that the facts set forth in the foregoing deed are true, and that he acknowledged the same in order that said deed might be recorded.

Witness my hand and the seal of said court, this
.....day of ...
Anno Domini ...

Section 2. Unless expressly limited to a lesser estate, such deeds shall be effective to pass to the grantee or

Form.

grantees named therein a fee simple title to the prem- Fee simple title. ises conveyed, if the defendant or defendants possess ed such title, though technical words of inheritance be not used.

Section 3. On being settled with for the purchase price of the property sold, and on being paid his charge

for acknowledgment, and the cost of registering and Acknowledgment. recording, the sheriff or coroner shall acknowledge any such deed before the prothonotary or clerk of the

Record.

Custody of deed.

When deed may be acknowledged.

court out of which the said writ issued, or his deputy, except in cases of testatum writs, when the acknowledgment shall be made before the prothonotary or deputy prothonotary of the court of common pleas of the county in which the property is situate, on any day, Sundays and holidays excepted, and the fact of such acknowledgment shall be forthwith entered on the record of the particular cause. After the acknowledgment, and pending the delivery as hereinafter set forth, such deed shall remain in the custody of the prothonotary or clerk, subject to inspection as are other records of said court.

Section 4. No deed shall be acknowledged before the return day of the writ under which the sale was had, or pending a motion to set aside the sale, or excep tions made to its confirmation; nor shall a deed be delivered while such a motion or exceptions are pending, whether made before or after acknowledgment, and until the expiration of such further time, if any, as the court may direct by rule, or special or standing order. At the expiration of the times stated, and after the final disposition of all such motions or exceptions, if any such be made, the prothonotary or Delivery of deed. clerk shall deliver the deed to the sheriff or coroner, who shall forthwith cause it to be registered in the proper office, if registry be required, and recorded in the office for the recording of deeds and so forth for said county. The acknowledgment of the deed, and its delivery to the sheriff or coroner for the purpose of recording, shall operate as a delivery to the grantee or grantees named therein, with the same effect as if acknowledged in open court, under existing laws, and as if delivered to such grantee or grantees personally.

Recording.

Indexing.

Proviso.

Fee.

Section 5. Such deeds need not be recorded, in whole or in part, in the office of said court; nor recorded, in whole or in part, in the office of said prothonotary or clerk; but the recorder of deeds shall immediately give to the said prothonotary or clerk a certificate stating the place of record thereof, and the latter shall note the same on the docket of the particular

case.

Section 6. The recorder of deeds shall index such deeds in the grantee index, in the name of the grantee or grantees therein, and in the grantor index, in the name of the defendant or defendants, and in the name of the terre tenant or terre tenants; and the record thereof, or a duly certified copy of such record, shall be evidence in all cases where the original deeds would be evidence: Provided, The minimum charge or fee for recording said instruments or deeds, under this act, shall be two dollars and fifty cents ($2.50).

APPROVED-The 22d day of April A. D. 1905.

SAML. W. PENNYPACKER.

No. 186.

AN ACT

To provide for the control, administration and support of the common schools in school-districts of the first class.

class.

Education.

Section 1. Be it enacted, &c., That the control of cities of the first all the schools supported by any school-district of the first class shall be vested in a Board of Public Educa- Board of Public tion, to consist of twenty-one (21) members, who shall be appointed by the judges of the courts of common pleas of the county in which the said school-district. of the first class shall be situated, for terms of three (3) years each, except that the original appointments Appointment and under this act shall be as follows: seven for one year, seven for two years, and seven for three years, and members shall be eligible for reappointment. members shall serve without compensation. Vacan- Vacancies. cies for unexpired terms, caused by death, resignation or otherwise shall be filled by the said judges of

The

term.

the courts of common pleas. No person shall be eligi- Eligibility.
ble to appointment to the Board of Public Education
who shall be less than thirty (30) years of age, and
who shall not have resided in the school-district at
least one year immediately preceding the appointment.

The members of said Board of Public Education, before proceeding to discharge the duties of their office, shall take the oath of office required of school Oath of office. officials under the laws of this Commonwealth.

The Board of Public Education herein provided shall meet for organization upon the first Monday in Jan- Organization. uary next succeeding the passage of this act. They shall organize by selecting their own officers, and shall hold stated meetings at least once a month during the school year, and such additional meetings as they may from time to time provide for.

The duties of the Board shall be to determine ques- Duties of Board tions of general policy, appoint the executive officers of Education. hereinafter prescribed, define their duties, direct expenditures, appoint teachers and in general to legislate upon all matters concerning the conduct of the schools.

School-boards.

Section 2. Sectional school-boards in and for each ward of the city (constituting said school-district of cities of the first class), consisting of twelve members each, shall be chosen by the qualified electors in each Election. ward of the city, at the next annual municipal election succeeding the passage of this act, four for one year, Term. four for two years, and four for three years; and thereafter, at each annual election, four for three years: Provided, That no elector shall vote for more Proviso. than three candidates for membership in any sectional school-board, except at the next annual municipal

Eligibility.

Oath.

Vacancies.

Duties and powers of school-boards.

Report.

Organization.

Secretaries.

Agents.

election succeeding the passage of this act, when an elector may vote for not more than nine; three for a term of one year, three for a term of two years, and three for a term of three years: And provided further, That when vacancies occur the electors may vote for candidates to fill unexpired terms.

The members of sectional school-boards shall be residents of the ward from which they are chosen. They shall, before entering upon the duties of their office, take the oath of office required of school officials under the laws of this Commonwealth. They shall serve without compensation. Vacancies caused by death, resignation or otherwise, shall be filled by a majority of the surviving directors, until the next ensuing annual municipal election, when the electors shall fill such vacancy or vacancies for the unexpired term or terms.

same.

The duties and powers of the sectional schoolboards shall be the following: In their respective wards or districts they shall visit, at least once in every quarter, all the schools therein, and inspect the They shall without delay call the attention of the Board of Public Education, or of the appropriate executive officer of the Board, to every matter requiring official action. They shall also make an annual report in writing to the Board of Public Education, in respect to the condition of the schools and the wants of the section, especially in regard to the number, equipment and efficiency of schools and school buildings. They shall organize on the second Monday immediately succeeding their election, at such place as shall be designated by the Board of Public Education, by choosing a chairman and such other officer as they may agree upon, including a secretary.

The secretary of each sectional school-board shall receive annually such salary, not to exceed one hundred ($100) dollars, as shall be determined by the Board of Public Education.

Section 3. The executive work of the Board of Public Education shall be committed to three expert agents, who shall be appointed by said Board and shall be subject to removal at the pleasure of the Board. Said agents shall be a superintendent of schools, a superintendent of buildings, and a superintendent of supplies. Said agents shall be paid such compensation as shall be determined by the Board of Public Education. They shall be responsible to the Board for the conduct of their respective departments; shall make annual reports to the Board, and shall, from time to time, submit such plans and suggestions for the improvement of the schools and the school system as the Board of Public Education may require, or as they shall deem expedient.

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