28 April 1887 17. amount so found to be due, which draft it shall be the duty of the said county officers to pay. P. L. 63. 28. As soon as the board of managers shall be fully organized, with a general superintendent, other officers and employees, and the ground and buildings of the reformatory shall be fitted and furnished for the proper reception, detention and management of convicts, according to the provisions of this act, they shall report the same in writing to the governor of the commonwealth, who shall forthwith make public proclamation of these facts. Thereupon sections four, five, six and seven of this act shall go into effect, and not sooner. Poor. 1. Director elected to fill vacancy, to serve for unexpired term. Ballots. 2. Burial of honorably discharged soldiers, &c. Per sons to be appointed. 3. Duties of persons so appointed. direct sale. Proceeds of sale. In cases of death. Not to apply to certain insane paupers. 12. May borrow money on mortgage. 13. Overseers may contract for house for keeping and employing poor. Or purchase and improve real estate. 4. County commissioners to keep a record. To draw Refusal to work. warrant for expenses. 5. Headstone. Inscription. County to pay expenses. 6. Care and burial of non-residents to be borne by counties not having poor-houses. 7. Borough or township officers to take temporary charge. Expenses to be refunded. 8. Information to authorities. 9. Penalty for neglect on part of officials. 10. Expenses may be recovered from localities legally liable. 11. Overseers may take charge of and sell real estate of insane pauper. Quarter sessions to consent to and 24 June 1885. P. L. 163. 14. Guardians in cities of the second class may sell and convey poor-farm property. 15. May receive and hold bonds and mortgages. 17. Re-investment of proceeds. Surplus. 19. Common pleas may decree the sale of poor property. 20. Upon the petition of the overseers. Duty of the court. 1. Whenever a vacancy has occurred in the office of director of the poor, elected by the people since the last general election, by death, resignation or Director elected to otherwise, or shall hereafter so occur, the director elected, at the next general fill vacancy to serve for unexpired term. 13 May 1885, 1. P. L. 17. Burial of honora diers, &c. election to fill such vacancy, shall serve for the unexpired term of the person whose death, resignation or other act, caused such vacancy; and on each of the ballots, voted to fill such vacancy, shall be written or printed the words, "For the unexpired term over the name of the candidate for such unexpired term; and all acts or parts inconsistent herewith are hereby repealed. 2. It shall be the duty of the county commissioners of each county in this state to appoint a sufficient number of suitable persons in each township and ward in their county, other than those prescribed by law for the care of paupers bly discharged sol- and the custody of criminals, to look after and cause to be buried in a decent and respectable manner, in any cemetery or burial-ground within this state, other than those used exclusively for the burial of the pauper dead, at an expense to their county not exceeding thirty-five dollars, the body of any honorably discharged soldier, sailor or marine, who served in the army or navy of the United States during the late rebellion, or any preceding war, and shall hereafter die in their county, leaving insufficient means to defray the necessary burial expenses. And the persons so appointed shall hold their offices at the pleasure of the county commissioners and shall serve without compensation. Persons to be appointed. Ibid. § 2. Duties of persons so appointed. 3. It shall be the duty of the persons so appointed in each township and ward in each county, before assuming the charge and expense of the burial of the body of any soldier, sailor or marine, in their township or ward under the provisions of this act, to first satisfy themselves by a careful inquiry into, and examination of, all the circumstances in the case of such deceased soldier, sailor or marine, whose body they are called upon to bury, served in the army or navy of the United States during the late rebellion, or any preceding war, and was honorably discharged and died in their township or ward, leaving insufficient means to defray the necessary burial expenses, whereupon if they are satisfied that such facts exist, they shall take charge of the body of such deceased soldier, sailor or marine, and cause it to be buried in the manner mentioned in the first section of this act, and thereupon they shall immediately report their action in the case to the county commissioners of their county, setting forth the facts ascertained by them, together with the name, rank, and command to which such deceased soldier, sailor or marine belonged at the time of his discharge, the date of his discharge, the character of his occupation immediately preceding his death, the date of his death and place of his burial, and also an accurately itemized state ment of the expenses incurred in and about such burial, which report shall be duly attested by three reputable persons of full age, residing in the township or ward in which such deceased soldier, sailor or marine died, knowing the fact that such deceased soldier, sailor or marine died without sufficient means to defray the necessary burial expenses. 13 May 18852. P. L. 17. Ibid. § 3. record. 4. It shall be the duty of the county commissioners of each county of this state, upon receiving the reports and statements of expenses from their appointees, County commisunder the provisions of this act, to transcribe in a book to be kept for the pur- sioners to keep a pose, all the facts contained in such reports and statements, and to draw warrants To draw warrant upon the treasurer of their county for the payment of such expenses, not ex- for expenses. ceeding, however, the said sum of thirty-five dollars on each body buried in accordance with the provisions of this act, to be paid out of the fund of the county; and such warrants shall be made payable to the persons appointed under the provisions of this act, who shall have buried the bodies for which the warrants are to be so drawn. Ibid. 4. Headstone. 5. It shall also be the duty of the county commissioners of each county in this state, upon the death of any soldier, sailor or marine, within their county, who shall be buried under the provisions of this act, to cause a headstone to be placed at the head of the grave of each deceased soldier, sailor or marine, containing his name, and, if possible, the organization to which he belonged, or in Inscription. which he served, to be of such material and design as they may deem suitable; and the expense of the same shall be paid out of the funds of the county in which such soldier, sailor or marine died: Provided, however, That the expense shall not exceed the sum of fifteen dollars for such headstone; and the county commissioners of each county, acting under this section, shall draw a warrant on the treasurer of their county for the payment of such expense in favor of the party or parties furnishing such headstone. County to pay expenses. P. L. 184. borne by counties 6. In all counties of this commonwealth, where poor or almshouses are not 25 June 1885 1. provided by law for indigent persons in and for said counties, and where said. individuals are found travelling about, and not residentsof said counties, and meet Care and burial o with accidents or injuries, from any cause whatever, so as to render them either non-residents to be temporarily or permanently injured, or a charge, or causing their death, all the without poorexpenses so incurred shall be borne by the county in which said accident, or injury or death may have occurred, and not by the boroughs or townships wherein said accident, or injury or death did occur. houses. Ibid. Boroughs or town 7. It shall, however, be temporarily the duty, when such persons are injured, of the overseers of the poor of said boroughs or townships, wherein said accidents occur, to look after and attend to the wants of all such parties, injured or ships to take temkilled, and, as soon as convenient thereafter, inform the county commissioners, porary charge. or their regularly authorized clerk, of the injuries, or condition or death of all such parties; and any expenses thereby incurred, by said boroughs or town- Expenses to be ships, shall be paid or refunded by the counties, through their county commissioners. refunded. Ibid. ? 2. Information to 8. When such accident, or injury or death occurs, any individual may give the information, to either the borough, or township poor authorities, or to the county commissioners, or their authorized clerk, and it shall be the duty of any authorities. of those parties so informed to look after and attend to the same. 9. Should any of the aforementioned officials, the county commissioners, their regularly authorized clerk, or the overseers of the poor of any borough or township, when notified or informed of the same, neglect or refuse to attend to the duties herein imposed upon them, it shall be considered a misdemeanor in office, for which they shall be liable in law, as for all other neglects or refusal to perform their legal duties as county, borough or township officials. Ibid. ? 3. Penalty for neglect on part of officials. liable. Ibid. 10. The provisions of this act shall in no wise prevent the county commissioners of said counties so rendering aid and assistance to parties whose Expenses may be residences are elsewhere and can be ascertained, from recovering the same off recovered from lo the localities, where the last settlement of said parties is; and it shall be their calities legally duty and they are hereby authorized so to do, in the same manner that like claims are now recoverable by one poor district against another: Provided further, That this act shall not apply to the aforementioned counties, which have a poor or almshouse erected for the care of parties of this character. 11. In all cases where any insane person or persons are or shall, in any manner, become chargeable as insane paupers upon any county, township or borough of the commonwealth of Pennsylvania, and who shall be the owner or owners of any real estate when becoming so chargeable, the overseers of the poor of such 24 May 1887. P. L. 203. Overseers may take charge of and sell the real estate of insane paupers. 24 May 1887. P. L. 203. Proceeds of sale. In case of death. Not to apply to certain insane paupers. Ibid. ¿ 2. May borrow money ou mortgage. 30 June 1885. P. L. 203. Overseers may contract for house for poor. 25 May 1887 1. P. L. 263. county, township or borough shall immediately, upon receiving such insane pauper or paupers, with the consent of the court of quarter sessions of the proper county, shall sell or dispose of such real estate by public or private sale, in such manner as the said court may deem best, and to apply the proceeds, or so much thereof as may be necessary, to defray the expenses incurred in the support, maintenance and funeral of such insane pauper or paupers. And in case of death of such insane pauper or paupers, or when they shall in any way cease to be a charge as aforesaid, the balance or residue of such proceeds, if any shall remain, shall be paid to the legal representatives of such pauper, upon indemnity being made to such overseers to secure them from the claims of all other persons: Provided, That the provisions of this act shall not apply to insane paupers having wife, husband or children. 12. The said overseers of the poor shall, with like consent of the said court as aforesaid, also have power and authority to borrow money and mortgage the real estate of any pauper as aforesaid as security therefor, for the support and maintenance of such pauper or paupers when necessity may require it. 13. It shall be lawful for the overseers of every district to contract with any person for a house or lodging for keeping, maintaining and employing such poor persons of the district, as shall be adjudged proper objects of relief, and there to keep, maintain and employ such poor persons; and, with the approbation of the court of quarter sessions of the proper county, for the same purpose to purchase suitable real estate in fee or for a term of years, and to improve the same, and to receive the benefit of their work and labor, for and towards their maintenance and support; and, if any poor person shall refuse to be kept and employed in such house, or upon such real estate, he shall not be allowed to receive relief from the overseers during such refusal. (a) 14. Boards of guardians for the relief and employment of the poor in cities. of the second class are hereby authorized and empowered, in the name of such Guardians in cities cities, to sell and convey farms or sites, or any part or parts of the same, now owned or occupied for poor-farm purposes, and to make, execute and deliver a poor farm property. deed or deeds of conveyance to the party or parties purchasing the same, vesting title in such purchasers. of second class may sell and convey Ibid. § 2. May receive and hold bonds and mortgages. Ibid 3. May receive and hold gifts, bequests &c. Purchase and hold other lands, &c. Execute and deliver bonds and mortgages. Ibid. 4. 15. Said guardians are empowered, in selling property as authorized in the preceding section, to receive, take and hold, in the name and for the use of their respective cities, bonds and mortgages to secure the purchase-money, and to satisfy the record of the same when fully paid. 16. Said guardian shall and may take, receive and hold, in the name and for the use of their respective cities, any lands, tenements and hereditaments whatsoever, of the gift, alienation or bequest of any person, to be applied to the relief, support and employment of the poor in such cities, and to purchase, take and hold, in like mannner, any lands and tenements for poor-farm or poor-house purposes, within the county in which said cities may be, in fee simple or otherwise, and to erect thereon suitable buildings for the reception, employment, use and accommodation of the poor of said cities, and in purchasing any new farm or site, as herein authorized, they may make, execute and deliver a bond and mortgage in the name of the city to secure the balance of unpaid purchasemoney to the grantor. 17. The money realized from the sale of property, as authorized by the first Re-investment of section of this act, shall be appropriated to the purchase and payment of a new farm or site, and the erection of buildings thereon, as herein before prescribed; the surplus, if any, shall be paid into the city treasury for city purposes. proceeds. Surplus. Ibid. 25. 18. The acts authorized by the preceding sections shall not be binding and Approval of coun- effective until submitted to councils of such city for their approval, and upon such approval shall be binding and of full force and effect. 19. The courts of common pleas of the several counties of this commonwealth shall have jurisdiction and are hereby authorized to decree a public or private sale of any poor-house property, or real estate held for the relief and employment of the poor, in any county, city, borough, township or poor district, at such times and in such parts or parcels and upon such terms as, in the opinion of any such court, may be considered most advantageous to such district. 20. Such sale may be decreed upon the petition of the overseers, or the poor directors, or managers for the relief and employment of the poor, of any county, city, borough, township, or poor district, setting forth that such sale would be to (a) This is an amendment of the act 13th June 1836, § 7, P. L. 541, see ante, vol. II., page 1343, pl. 27. P. L. 76. Duty of the court. the advantage of the said district, and all facts needful for the information of 28 April 1887 ? 2. the court, under oath or affirmation, and shall only take place, after a full and careful investigation by the court, aided, when deemed necessary, by the report of a competent person to be appointed by the court; and, if upon such investigation the court shall deem it to the advantage of such district that property so held or any part thereof should be sold, such court is hereby authorized to decree a sale thereof, and to direct the investment of the proceeds of such sale or sales in the purchase, for the use of such district, of such other real estate as may be necessary for poor purposes, and in the erection of suitable buildings thereon for the comfortable maintenance, employment and support of the poor of such poor district, and such other investments thereof as may be deemed most advantageous to the district. I. FORMS OF ACTION. Practice. III. STENOGRAPHERS. 10. Judges of the civil courts to appoint 11. Judges of the criminal courts may, in their discretion, appoint. 12. Qualifications. To be sworn. 13. Their duties. Notes to be deemed official. 14. Compensation. Stationery. How paid. 15. Copies to be furnished on order of court, or request of counsel. Filing of notes. In cases taken to supreme court, copies must be made and filed forthwith. Notes to be preserved. Compensation for transcripts. 16. Examiners, &c., may, on request, appoint a stenographer. Duty. 17. Compensation when acting under examiners, &c. Extra services. Travelling and hotel expenses. To be taxed as costs. 18. Assistants or substitutes. tion. I. Forms of action. Duties. 1. So far as relates to procedure, the distinctions heretofore existing between actions ex contractu be abolished, and all demands, heretofore recoverable in debt, assumpsit or covenant, shall hereafter be sued and recovered in one form of action, to be called an "action of assumpsit." Compensa 25 May 1887 1. P. L. 271. Distinctions in ac tions ex contractu abolished. Ibid. § 2. Distinctions in ao 2. So far as relates to procedure, the distinctions heretofore existing between actions ex delicto be abolished, and all damages, heretofore recoverable in trespass, trover or trespass on the case, shall hereafter be sued for and recovered tions ex delicto in one form of action, to be called an "action of trespass." II. Plaintiff's statement. abolished. Ibid. § 3. Plaintiff's declara tion to be a co. cise demand. 3. The plaintiff's declaration in each of the said actions, (a) namely, the action of assumpsit and the action of trespass, shall consist of a concise statement of the plaintiff's demand, as provided by the fifth section of the act of the twenty-first day of March, Anno Domini one thousand eight hundred and six,(b) which, in the statement of his action of assumpsit, shall be accompanied by copies of all notes, contracts, book In assumpsit to be entries, or a particular reference to the records of any court, within the county in accompanied with which the action is brought, if any, upon which the plaintiff's claim is founded, records. and a particular reference to such record, or to the record of any deed, or mortgage, or other instrument of writing recorded in such county, shall be sufficient Reference to in lieu of the copy thereof. 4. The statement shall be signed by the plaintiff or his attorney, and in the action of assumpsit shall be replied to by affidavit. copies of notes, &c. records. Ibid. Affidavit of defence Ibid. § 4 Service. 5. The plaintiff shall be at liberty, in each of said actions, to serve a copy of his statement on the defendants. If such service be made not less than fifteen days before the return-day of the writ, it shall be the duty of the defendant in Amdavit by rethe action of assumpsit to file an affidavit of defence on or before the return-day. turn-day. 6. In the action of assumpsit, judgment may be moved for for want of an (a) This act applies to actions pending. Krause v. (b) This reference does not render this section unconPenna. Rd. Co., 20 W. N. C. 111. stitutional. Ibid. P. L. 271. 25 May 1887 25. affidavit of defence, or for want of a sufficient affidavit, for the whole or part of the plaintiff's claim, as the case may be, in accordance with the present practice in actions of debt and assumpsit. Judgment. Ibid. 26. When plaintiff may file his statement. Affidavit of defence within fifteen days after notice. Ibid. 7. Special pleading abolished. Pleas in assumpsit. In trespass. Must plead within fifteen days after return-day. Ibid. 28. to certain actions. 7. If the plaintiff shall neglect to serve his statement at least fifteen days before the return-day of his writ, he may file it on or at any time after the return-day, and, in the action of assumpsit, unless the defendant shall file a sufficient affidavit of defence within fifteen days after notice that the said statement has been filed, the plaintiff may move for judgment for want thereof. 8. Special pleading is hereby abolished. In the action of assumpsit, the plea of the general issue shall be "non assumpsit." The defendant in the action of assumpsit shall be at liberty, in addition to the plea of " non assumpsit," to plead payment, set-off, and, also, the bar of the statute of limitations, and no other pleas. The only plea in the action of trespass shall be "not guilty." The defendant shall plead to the said actions within fifteen days after the return-day, and, in default thereof, the court may, on motion, direct the prothonotary to enter the plea of the general issue at any time. The pleadings in all courts to be subject to the rules of the respective courts as to notice of special matter. 9. The true intent and meaning of this act is that it applies only to the present actions of assumpsit, debt, covenant, trespass, trover and case, and that all Act to apply only other actions now existing shall remain as heretofore and are in no way affected by the passage of this act; and that, as to the actions herein recited, it applies to the procedure only, and the legal rights of the party are not in any to be affected thereby. 24 May 1887 1. P. L. 199. III. Stenographers.(a) 10. It shall be the duty of the president and law judges of each of the several civil courts of this commonwealth to appoint a stenographer, or stenographers, to Judges to appoint. be attached to the court, who shall hold his, her or their positions during the pleasure of the court. Thid. ? 2. Judges of the criminal courts may in their discretion appoint. Ibid. § 3. Qualifications of stenographers. To be sworn. Ibid. Their duties. 11. The law judges of each of the several courts of oyer and terminer and general jail delivery and the courts of quarter sessions of the peace of this commonwealth are hereby authorized, in their discretion, to appoint a stenographer, or stenographers, to be attached to the courts, who shall hold his, her or their position during the pleasure of the court. 12. The stenographer or stenographers so appointed shall be competent in the practice of his, her or their art, and shall duly qualify under oath to perform his, her or their duties with fidelity. 13. It shall be the duty of said stenographer or stenographers to take full stenographic notes of the testimony in all proceedings in any trial of facts, together with the judge's charge, and together also with every ruling, order and remark of the judge, relating to the case upon the trial, made in the presence and hearing of the jury in any stage of the proceedings, to which either party may except in the same manner and with the same effect as is now practised in relation to the Notes to be deemed judge's charge; said notes shall be deemed and held to be official and the best official. Ibid. 4. Compensation. Stationery. How paid. authority in any matter of dispute, and a copy of the same made and filed, as hereinafter provided, or a copy of the same duly certified by the clerk or prothonotary of the court, under the seal of the court, shall be used by the parties to a cause in any further proceedings, whenever the use of the same may be required. 14. The said stenographer or stenographers shall be paid a compensation at the rate of ten dollars a day for every day actually spent in said court in the taking of notes, and be allowed and furnished all the necessary stationery for the performance of his, her or their duties; the said compensation to be paid by the state in the case of the supreme court stenographer, and by the county or counties forming the judicial district in the case of the stenographer or steno. graphers appointed in said district, upon the order of the judge presiding. 15. It shall be the duty of such stenographer or stenographers to furnish a Ibid. 5. copy of his, her or their notes, written out in long-hand, upon the order of the Copy to be furnished on order of Court, or the request of counsel in the cause, during the progress of a trial, or at any subsequent time, also, within a reasonable time after trial, to transcribe all notes, not previously transcribed by order of the court, which transcript shall be filed and made a part of the records of the case: Provided. That the stenographer or stenographers may be excused, in the discretion of the court, with court or request of counsel. Filing of notes. (a) See "Roads, Highways and Bridges," pl. 5. |