For the purpose of purchasing additional real estate, consisting of ninety-two acres of land, contiguous to that now owned by the Commonwealth, the sum of six thousand three hundred dollars. Real estate. For the purpose of purchasing a boiler, pipe, and Boilers, etc. covering, for heating proposed new buildings, the sum of eight thousand dollars. For the purpose of providing additional means for Sewerage. the disposal of sewage, the sum of eighteen thousand dollars; system and plan to be approved by the State Board of Health before this item becomes available. For additions and extensions to water filtration sys- Filtration system, the sum of ten thousand dollars, or so much tem. thereof as may be necessary; the system and plans to be approved by the State Board of Health before this item becomes available. For the purpose of extending and changing the Course of stream. course of a natural stream in, through, and upon the grounds of said hospital, the sum of five thousand dollars, or so much thereof as may be necessary; the plan and character of the work to be approved by the State Board of Health before this item becomes available. For the purpose of filling in bed of old canal, in, upon Filling canal. and through the grounds of said hospital, the sum of twenty-five thousand dollars, or so much thereof as may be necessary. The said sum shall not become available until a deed conveying title in fee simple in the land so occupied by said canal, shall be delivered to the trustees of said hospital by the owners thereof, the Delaware, Lackawanna and Western Railroad Company: And provided further, That the proposition relating to the item of twenty-five thousand dollars, for filling in bed of old canal, shall not become available until approved by the Governor and Attorney General. APPROVED The 1st day of May, A. D. 1907. EDWIN S. STUART. No. 106. AN ACT To repeal the proviso contained in the fifth section of an act, entitled "An act to incorporate the Wilkes-Barre Savings Bank," approved the twenty-eighth day of March, Anno Domini one thousand eight hundred and seventy, which proviso restricts the number of directors to nine Section 1. Be it enacted, &c., That the proviso con- Wilkes-Barre tained in the fifth section of an act, entitled "An act to Savings Bank. incorporate the Wilkes-Barre Savings Bank," approved the twenty-eighth day of March, Anno Domini one 9 Laws. Repeal of proviso. Repeal. thousand eight hundred and seventy, which proviso is in the words: "Provided, the number of directors shall at no time exceed nine," be and the same is hereby repealed. Section 2. That all acts or parts of acts inconsistent herewith, be and the same are hereby repealed. APPROVED-The 1st day of May, A. D. 1907. EDWIN S. STUART. Liens. Section 10. act of for amendment. No. 107. AN ACT To amend section ten of an act, entitled "An act providing when, how, and upon what property, and to what extent, liens shall be allowed for taxes, and for municipal improvements, and for the removal of nuisances; the procedure upon claims filed therefor; the methods of preserving such liens and enforcing payment of such claims; the effect of judicial sales of the properties liened, and the manner of distributing the proceeds of such sales," approved the fourth day of June, Anno Domini one thousand nine hundred and one, by extending from the second to the third calendar year the time when claims for taxes, and water, lighting, and sewer rates, must be filed in the court of common pleas. Section 1. Be it enacted, &c., That section ten of an act, entitled "An act providing when, how, upon what property, and to what extent, liens shall be allowed for taxes and for municipal improvements, and for the removal of nuisances; the procedure upon claims filed therefor; the methods for preserving such liens and enforcing payment of such claims; the effect of judicial sales of the properties liened, and the manner of distributing the proceeds of such sales," approved the fourth day of June, Anno Domini one thousand nine hundred and one, which reads as follows: "Section 10. Claims for taxes, water-rates, lightingJune 4, 1901. cited rates and sewer-rates must be filed in the court of common pleas of the county in which the property is situated, on or before the last day of the second calendar year after that in which the taxes or rates are first payable; and other municipal claims must be filed, in said court, within six months from the time the work was done in front of the particular property, where the charge against the property is assessed or made at the time the work is authorized; within six months after the completion of the improvement, where the assessment is made by the municipality upon all prop erties after the completion of the improvement; and within six months after confirmation by the court. where confirmation is required; the certificate of the surveyor, engineer or other officer supervising the improvement, filed in the proper office, being conclusive of the time of completion thereof, but he being per sonally liable to any one injured by any false statement therein. A number of years' taxes or rates of different kinds, if payable to the same plaintiff, may be included in one claim. Upon each tax or municipal claim a writ of scire facias, in the form hereinafter set forth, must issue within five years from its filing, and verdict must be recovered or judgment entered on the scire facias within five years after it is issued. Final judgment must be entered on the verdict within five years after its recovery. After judgment is entered, it must be revived writ of scire facias to revive the judgment; or by judgment thereon within each recurring period of five years. If a claim be not filed within the time aforesaid, or if it be not prosecuted in the manner and at the times aforesaid, it shall be wholly lost; Provided, however, If a verdict be recovered before a jury after trial, or judgment be entered on such verdict, the lien thereof shall continue for five years from such recovery or entry, though a new trial be granted or the judgment be reversed on appeal," be and the same is hereby amended so as to read as follows: filing of claims. Section 10. Claims for taxes, water-rates, lighting. Time for the rates and sewer-rates must be filed in the court of common pleas of the county in which the property is situated, on or before the last day of the third calendar year after that in which the taxes or rates are first payable; and other municipal claims must be filed, in said court, within six months from the time the work was done in front of the particular property, where the charge against the property is assessed or made at the time the work is authorized; within six months after the completion of the improvement, where the assessment is made by the municipality upon all the properties after the completion of the improvement; and within six months after confirmation by the court, where confirmation is required; the certificate of the surveyor, engineer, or other officer supervising the improvement, filed in the proper office, being conclusive of the time of completion thereof, but he being personally liable to any one injured by any false statement therein. A number of years' taxes or rates of different kinds, if payable to the same plaintiff, may be included in one claim. Upon each tax or municipal claim a writ of scire facias, in the form hereinafter Writ of scire set forth, must issue within five years from its filing, and verdict must be recovered or judgment entered on the scire facias within five years after it is issued. Certificate. facias. Final judgment must be entered on the verdict within Final Judgment. five years after its recovery. After judgment is entered, it must be revived by writ of scire facias to revive the judgment, or by judgment thereon within each recurring period of five years. a claim be not filed within the time aforesaid, or if If Proviso. it be not prosecuted in the manner and at the times aforesaid, it shall be wholly lost; Provided, however, If a verdict be recovered before a jury after trial, or judgment be entered on such verdict, the lien thereof shall continue for five years from such recovery or entry, though a new trial be granted or the judgment. be reversed on appeal. APPROVED The 1st day of May, A. D. 1907. EDWIN S. STUART. Charters, church, etc. Section 7, act of No. 108. AN ACT To amend the seventh section of the act, entitled "An act relating to corporations and estates held for corporate, religious, and charitable uses," approved the twenty-sixth day of April, Anno Domini eighteen hundred and fifty-five, as amended by the supplement to said act, approved the second day of June, Anno Domini eighteen hundred and eighty-seven, by striking out the requirement that the control of the property of such corporations, by the lay members thereof, shall appear in the charters of corporations included in the provisions of the said act; validating all charters of such corporations, heretofore granted, which do not contain such provision. Section 1. Be it enacted, &c., That the seventh section of the act, approved April twenty-sixth, eighteen hundred and fifty-five, entitled "An act relating to corporations and to estates held for corporate, religious, and charitable uses," which, as amended by the act approved June second, eighteen hundred and eighty-seven, now reads as follows: "Section 7. That whensoever any property, real or personal, shall hereafter be bequeathed, devised, or 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 a majority of lay members, citizens of Pennsylvania, having a controlling power, according to rules, regulations, usages or corporate re quirements 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 shall be composed exclusively of others than laymen, may have trustees or corporators of the same description of person: Provided, That it shall be lawful for the majority of the male members, of lawful age, of any unincorporated church, congregation or religious society, to choose for their trustees any other person or persons than a layman; and whenever not previously declared, to declare the manner in which the title to their trust property shall be held and conveyed, subject however to all the terms and conditions upon which the same may have been bequeathed, devised or conveyed to such unincorporated church, congregation or religious society; and upon due proof of such consent, any court having jurisdiction over trusts may direct the legal title to be conveyed accordingly; but nothing herein contained shall authorize the diversion of any property from the purposes, uses and trusts to which it may have been heretofore lawfully dedicated, or to which it may hereafter, consistently herewith, be lawfully dedicated: And provided, That no alien shall hereafter acquire and hold, either as trustee or in his own right, real estate of a greater annual value than is hereby limited to be held by a corporation," be and the same is hereby amended so as to read as follows: taken and held Property to be subject to control of lay mem bers. Section 7. That whensoever any property, real or personal, shall hereafter be bequeathed, devised or 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 officers. as shall be composed of a 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: Provided, It shall be lawful for the majority of Proviso. the male members, of lawful age, of any unincorporated church, congregation, or religious society, to choose for their trustee or trustees any other person or per- Trustees. sons than a layman; and whenever not previously declared, to declare the manner in which the title to their Title. trust property shall be held and conveyed, subject, however, to all the terms and conditions upon which the same may have been bequeathed, devised, or conveyed to such unincorporated church, congregation or religious society; and upon due proof of such consent, any court having jurisdiction over trusts may direct the legal title to be conveyed accordingly; but nothing herein contained shall authorize the diversion of any property from the purposes, uses, and trusts to which it may have been heretofore lawfully dedicated, or to which it may hereafter, consistently herewith, be lawfully dedicated: And provided, All charters heretofore Proviso. |