6 June 1887 23.

bond.

P. L. 359.

or any of them, and in all proceedings which may be had upon or by reason of any such caveat or appeal, to direct, in the final order or judgment he or they shall make in each case, what amount of costs have been incurred or occasioned Proceedings on by the proceeding, and by whom such costs shall be paid; and when such costs or any part thereof shall be finally adjudged and decreed to be paid by any caveator or appellant, as aforesaid, any party to whom such costs are due and payable, or who may have advanced money to pay the same as the proceedings shall have progressed, may institute an action in the proper court upon such bond for his own benefit, or that of all other parties interested, and may proceed thereon to final judgment and execution, if the same shall be necessary, as in other cases.

Ibid. 24.

Appeal to the

4. All the orders and decrees of the said registers of wills relating to the amount and sufficiency of the security to be required by this act and to the disposition of costs in proceedings upon caveats and appeals before him, as afore- orphans' court. said, shall be subject to the right of appeal to the orphans' court of the proper county by or on behalf of any and every person, who may appear or have appeared before him as litigants, or who may be affected by such order of appeal.

Religious Societies.

1. Property subject to the lay-members. Majority of officers to be lay-members and citizens. Charters. Clergymen may be chosen trustees. Lay-members may de

clare trust, subject to terms of bequest, &c. Right of aliens to hold real estate.

2 June 1887. P. L. 298.

to be lay-members.

1. Whensoever any property, real or personal, shall hereafter be bequeathed, devised or conveyed to any ecclesiastical corporation, bishop, ecclesiastic or other persons, for the use of any church, congregation or religious society, for religious Property subject to worship or sepulture, or the maintenance of either, the same shall not be other- the lay-members. wise 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-mem- Majority of officers bers, citizens of Pennsylvania, having a controlling power, according to the rules, and citizens. regulations, usages or corporate requirements thereof, so far as consistent herewith; and no charter hereafter granted by any court for any church, congregation Charters. 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 other than laymen, may have trustees or corporators of the same description of persons: Provided, That it shall be lawful for the Clergymen may be majority of 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 persons than a layman; and whenever not previously declared, to Lay-members may declare the manner in which the title to their trust property shall be held and ject to terms of conveyed, subject however to all the terms and conditions upon which the same bequest, &c. 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 Property not to be 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 Right of aliens to trustee or in his own right, real estate of a greater annual value than is hereby hold real estate. limited to be held by a corporation.(a)

chosen trustees.

declare trust sub

diverted.

(a) This is an amendment of the act 26th April, 1855, 27, P. L. 330. See ante, vol. II., page 1486, pl. 9.

Roads, Highways and Bridges.

[See MUNICIPAL CORPORATIONS.]

I. OPENING, WIDENING AND GRADING

STREETS.

1. Viewers, in cities of the first class, to procure releases. To assess damages and benefits. Appeal or review.

2. Courts not to exercise jurisdiction except upon report of jury.

3. Master to be appointed. Duties and powers. Not to vote on question of fact or values. Compensation. 4. To be sworn. To frame report.

5. Stenographers to be appointed. Duties. Compensation.

6. Courts to fix time of filing reports and serving notices.

7. Court to appoint in all cases of property taken, injured or destroyed. Owners and municipal executive authorities may petition. Appeal.

8. Registered owners and tenants to be notified. Failure to present claim, a waiver of right.

9. Change of grade.

10. Viewers to assess benefits. Notice to owners. 11. Report. On confirmation, street to be opened and damages paid.

12. City solicitor to notify owners benefited, and furnish bill. On default, claim to be filed.

13. Damages to include consideration of change of grade. No separate claim.

6 May 1887 1. P. L. 87.

the first class to procure releases.

14. After trial of appeal, record to be remitted to the quarter sessions.

15. Streets may be opened notwithstanding appeal. 16. Petitions must be presented within six years. 17. Act not to abridge jurisdiction of cities over surveys, grades, &c. Nor over opening of streets. 18. Repeal.

II. IMPLEMENTS AND MATERIALS. 19. Road commissioners, &c., authorized to purchase. 20. Road tax for.

III. STEAM MACHINERY.

21. Movement of, on public road. 22. To be moved to side of road and stopped. Owners to assist passing vehicles. And see that road is clear.

IV. WATERING-TROUGHS.

23. Compensation for, from road fund. Description of trough. To be approved. Borough authorities may erect. Annual statement. But one trough within five miles to be paid for.

V. PRIVATE ROADS.

24. Appeal from assessment authorized.
VI. BRIDGES.

25. When counties may aid townships in the construction of bridges. Report of viewers.

I. Opening, widening and grading streets.

1. It shall be the duty of all persons, appointed by the courts of quarter sessions of this commonwealth to view and review any public plotted(a) street in any Viewers in cities of city of the first class, if they shall decide in favor of opening or widening said plotted street, to endeavor to procure from the persons, over whose land such opening or widening may be made, releases from all claims for damages that might arise from the opening or widening of such plotted street; and, in every case, where said viewers shall fail to procure such releases, (b) and it shall appear to them that any damages will be sustained, it shall be their duty to assess the To assess damages damages and benefits, where now authorized by law, and make report thereof,

and benefits.

Appeal or review.

Ibid. 2.

Courts not to

exercise jurisdic

tion, except upon report of jury.

Ibid. § 3.

Master to be appointed.

signed by a majority of their number, and return the same, together with all releases obtained, to the court of quarter sessions; and the damages, so assessed, shall be subject to appeal, review or modification, as may be provided by existing laws.

2. The courts of quarter sessions of the several counties of this commonwealth shall not have jurisdiction to order the opening or widening of any plotted streets in any city of the first class, except upon the report of a jury of view, having performed all the duties prescribed by the first section of this act, any local or special law to the contrary notwithstanding.

3. Whenever the courts of quarter sessions, having jurisdiction in cities of the first class, shall appoint viewers for the opening or widening of any highway or plotted street, or assessment of damages for the opening, widening or change of grade of any public street, in any city of the first class, the said court, in addition to the six viewers now required by law, shall appoint a reputable person, learned in the law and entitled to practice at the bar of the supreme court of this commonwealth, who shall preside at all meetings of the viewers, be known as a Duties and powers. master, and have power to determine the admissibility of evidence, to issue writs of subpoena to compel the attendance of witnesses and the production of papers, and instruct the viewers upon matters of law, to which actions of said master exception may be taken for purposes of review, by the court of quarter sessions and the supreme court. Nothing in this section shall be deemed to abridge the power or duty, now imposed upon the viewers, to decide all questions of values

(a) It had been decided that the act 14th May 1874, 1, P. L. 164, did not apply to streets already plotted, and that a jury appointed to open such a street could not assess damages. See Magnolia Avenue, 43 Leg. Int. 498,

44 Ibid. 403. Jackson Street, 83 Penn. St. 328. Fiftysecond Street, 21 Phila. 437.

(b) See Pearl Street, 15 W. N. C. 205.

impartially and according to their best judgment, in accordance with existing law, and the master shall not vote on any question of fact or values. The compensation for the services of the master to be fixed by the court appointing in its discretion and payable by the county as costs.

6 May 1887 3.

P. L. 87.

Not to vote on

question of fact or values.

4. The master, when appointed as required by the third section of this act, Ibid. 24. shall take an oath or affirmation, to be administered by any judge of the court of To be sworn. quarter sessions or clerk of said court, to perform his said duties faithfully, impartially and according to the best of his learning and ability; and it shall be his

duty to frame or draft the report of the viewers, which shall contain a full and To frame report. clear statement of all facts in evidence before the viewers and all exceptions to the rulings or instructions of the master.

Ibid. 5.

5. It shall be the duty of the courts of quarter sessions, having jurisdiction in cities of the first class, to appoint a competent stenographer or stenographers, in Stenographers to all road or street cases, to keep a faithful record of all proceedings before the be appointed. viewers, (who shall be sworn or affirmed to a faithful performance of duty, by Duties. the master in the proceedings), and to print or write the report, and a full copy

of his votes to be attached to and form part of the record. The compensation Compensation. for services rendered by said stenographer or stenographers to be regulated by existing law.

Ibid. 26.

of filing reports

Ibid. 7.

6. The courts of quarter sessions of the several counties of this commonwealth, having jurisdiction in cities of the first class, shall have full power, by Courts to fix time general rules or special orders where the exigency of the particular proceeding and serving requires it, to prescribe the time or term when reports of road or street juries notices. shall be filed, and the time for and manner of service of all notices required in such proceedings, any local or special law to the contrary notwithstanding.(a) 7. Whenever any right of action shall accrue to any owner of private property to an assessment of damages or compensation, within the contemplation of sec- Court to appoint in tion eight of article sixteen of the constitution of this commonwealth, for all cases of property taken, property taken, injured or destroyed by the construction or enlargement of the injured or works, highways or improvements of any city of the first class of this common- destroyed. wealth, the owner or owners, whose property shall have been taken, injured or destroyed, and the municipal executive authorities of said cities of the first class municipal execushall have the right to petition for, and the court of quarter sessions shall tive authorities appoint six viewers, and a master learned in the law, to make and report an assessment of the lawful damage or compensation, to which such owner or owners may be entitled for the taking, injury or destruction of private property for public purposes, in accordance with the provisions of this act, and subject to Appeal. appeal and trial by jury, according to the course of the common law as regulated by existing law.

Owners and

may petition.

Ibid. 28.

Registered owners

8. Whenever any petition shall be filed in the courts of quarter sessions, having jurisdiction in any city of the first class, for the opening or widening of any public street upon the public plans of said city, as contemplated by the first sec- and tenants to be tion of this act, or for the assessment of damages for the opening, widening or notified. change of grade of any public street, when directed by the municipal authorities having jurisdiction under existing law, it shall be the duty of the petitioner or petitioners to cause notice to be served upon all registered owners of property and tenants on the line of said street, between the terminal points indicated in the petition or ordinance, of the fact of the filing of said petition and appointment of viewers and master, and the time and place for the holding of the first meeting in the proceeding, subject to such rules and regulations as the said courts of quarter sessions shall, in their discretion, adopt, to carry into effect the provisions of this section; and all owners of property and tenants who shall fail to Failure to present present their claims for damages or compensation before the said jury, shall be claim, a waiver of deemed to have waived all right to make claim and shall be barred of the right to present any petition for new proceedings: Provided, That proof of service of notice, in the manner required by the rules of court, supported by affidavit, shall be filed of the record in said courts within a period of time to be fixed by said court.

9. Whenever the grade of any street of any city of the first class shall be changed by the proper municipal authority, under existing laws, the owner or owners of private property injured thereby shall have the right to a preliminary assessment of damages, in accordance with the provisions of this act, subject to appeal under existing laws.

(a) See Arrott Street, 18 W. N. C. 121.

right.

Ibid. § 9.

Change of grade.

6 May 1887 10. P. L. 87.

Viewers to assess benefits.

Notice to owners.

Report.

Ibid.

On confirmation

street to be opened.

And damages paid.

Ibid. 11.

City solicitor to notify owners benefited and

10. Whenever any jury, appointed by the courts of quarter sessions having jurisdiction in cities of the first class, by virtue of this act, shall assess damages for the opening, widening or change of the grade(a) of any street of said cities of the first class (whether said opening or widening shall be by virtue of the power and jurisdiction of the said courts of quarter sessions, or whether said opening, widening or change of grade shall be by virtue of powers now vested in the municipal authorities of said cities), it shall be the duty of said jury, after having determined the amount of said damages and to whom they shall be paid, to make inquiry as to the advantages(b) of the opening, widening or change of grade of such street, to property in the immediate vicinity of the same, and said jury shall determine what amount of the damages, if any, shall be paid by the municipality, and what amount shall be paid by the property owners benefited; and, if the jury determine that the property owners shall pay said damages, or any part thereof, it shall specify the properties benefited and state the amount each is benefited; due notice to such owners benefited shall then be given, by advertisement or otherwise as the court may direct, of a time and place for the hearing by the jury of such objections, if any, such owners may have to make.

11. After such hearing the jury shall make up its report, setting forth the damages and to whom they should be paid, and specifying the properties benefited, and stating the amount each is benefited, and the name of the registered owner, if any; and when said report is confirmed by the court, the street shall be forthwith opened by the proper municipal authorities, and said municipality shall pay to the respective owners of property damaged, or their legal representatives, the damages so assessed for said opening, widening or change of grade, as required by existing laws.

12. When the court of quarter sessions has confirmed the report of the jury as aforesaid, the solicitor of the municipality shall notify the registered owners of property benefited of the amount assessed against the property of each, and have delivered to them bills for the sum so assessed, and if said assessments On default claim to are not paid within thirty days after the delivery of the bill, said solicitor shall,

furnish bills.

be filed.

Ibid. 12.

consideration of change of grade.

without delay, file a claim(c) in the proper court for the amount thereof against the premises benefited, and it shall be collected in the same manner as municipal claims in cities of the first class are now by law collected.

13. In all cases of assessment of damages for the opening or widening of any Damages to include street in any city of the first class, the award of damages, if any, shall include a consideration of the advantages or disadvantages due to the grade at which said street is to be opened or widened in conformity with existing grade regulations No separate claim. On the public plans, and no separate claim shall be subsequently considered in relation to said grade regulation.

Ibid. 13.

After trial of

remitted to the quarter sessions.

14. Whenever any appeal shall be taken from the award of a street jury, in the courts of quarter sessions having jurisdiction in cities of the first class, for a appeal record to be trial by jury according to the course of the common law, as regulated by existing statutes, after the trial of the appeal from the preliminary assessment shall have been duly completed and adjudged, and the rights of the parties determined, the record of the verdict and judgment thereon shall be remitted to the said courts of quarter sessions for the payment, if any be required, and a minute thereof shall be entered upon the record of the original proceeding in said court of quarter sessions from which the appeal was taken.

Ibid. 14. Streets may be opened notwithstanding appeal.

Ibid. 15.

15. The exercise of the privilege of appeal shall not prevent the court of quarter sessions having jurisdiction from confirming the report of the jury, subject to the rights of all appellants, and said court may direct the opening or widening of any street of any city of the first class, upon such confirmation, with or without special security, as, in its discretion, justice may require, without awaiting the trial of the appeals

16. Petitions for the assessment of damages for the opening, widening or Petitions must be change of grade of streets in cities of the first class may be presented in the court of quarter sessions within the period of six years after the actual opening, widening or change of grade of any street, but not thereafter. All claims shall

presented within

six years.

Ibid. 16.

be forever barred after the expiration of the said period of six years.
17. This act shall not be so construed as to, in any way or manner, abridge,
alter or repeal existing legislation giving to cities of the first class exclusive juris-

(a) It had been decided that damages for change of grade could not be assessed on property-owners: Sixth Street. 11 Phila. 414. Market Street, 42 Leg. Int. 15. Hershberger v. Pittsburgh, 19 W. N. C. 171.

(b) See City v. Black, 99 Penn. St., 152. Lancaster v. Burke, 4 Penny. 259.

(c) See Merriman v. Richardson, 5 W N C. 9.

diction over all matters relating to surveys, and regulations and revisions thereof, and the grading of streets; nor shall it be construed in any manner, so as to alter, abridge or repeal existing legislation granting to cities of the first class the power, by ordinance, to direct the opening or widening of streets, and now exercised concurrently with the courts of quarter sessions.

18. All acts or parts of acts, general, special or local, in so far as they are applicable to cities of the first class, inconsistent with the provisions of this act, be and they are hereby repealed.

II. Implements and materials.

P. L. 202. Road commissioners, &c.,

authorized to

19. The road commissioners and other officers having in charge the opening, 24 May 1887 1. constructing and repairing of public roads, highways and bridges in any township in this commonwealth, are hereby authorized, at their option, to purchase for the use of their respective districts, ploughs, scrapers, road-machines and such other implements and materials as may, from time to time be found purchase. necessary in the opening, constructing and repairing of said roads, highways and bridges.

20. If necessary for the payment of the machinery, implements and materials mentioned and referred to in the first section of this act, the supervisors, road commissioners or other proper officers having in charge the opening, constructing and repairing of public roads, highways and bridges in the several townships of this commonwealth, may and they are hereby authorized to collect, annually, in cash, not exceeding twenty-five per centum of the rates or assessments by them respectively laid in each year for road purposes, such cash tax to be collected in the same manner that other road taxes not worked out are by law collected.

III. Steam machinery.

Ibid. § 2.

Road tax for.

21. It shall not be lawful for any person or persons owning or controlling for 30 June 1885 2 1. himself or others, to move any machinery propelled by steam over any public road or highway, excepting under the provisions of the act herein provided.

P. L. 251.
Movement of, on
public road.
Ibid. § 2.

To be moved to

stopped.

22. In every case, when such machinery propelled by steam is being moved upon a public road or highway, it shall be the duty of the owner or owners, or persons in charge of such machinery, upon the approach, in either direction, of all persons side of road and travelling in vehicles or in charge of teams, to move such machinery as far as practicable to the right or left of the road to a position where the said approaching vehicle or team may pass with the greatest safety, and stop the same before such persons, travelling in vehicles or in charge of teams shall have arrived within three hundred feet of such machinery, and the owner or owners, or persons in charge of such machinery, shall assist such passing vehicle or teams until Owners to assist passing vehicles, they are safely by the danger; and if there be any obstruction to the view of &c. the road it shall be the duty of the owner or owner, or persons in charge of such machinery, not to approach such obstruction nearer than three hundred feet without going to the place to see that the road is clear, or sending some compe- is clear. tent person for the purpose.

IV. Watering-troughs.

And see that road

25 June 1885. P. L. 168.

from road fund.

23. Under the sanction and supervision of the supervisors of roads, or road commissioners of the respective townships, or council, or persons having charge of the streets, in the respective boroughs, of this commonwealth, any person or Compensation for persons, or chartered societies not for profit, the object of which shall be to erect and maintain watering-troughs along the public roads, who may erect and maintain in good repair, a public watering-trough of not less than six feet in length, Description of twelve inches in width and ten inches in depth, in the clear, of either wood. or trough. iron, or of stone, except that the stone troughs shall not be less than two feet in length, and have pure clear water continually running into the same, except in hard freezing weather, by a pipe, pipes or otherwise, upon the side of the public highway, erected of sufficient height and of easy access, suitable for watering horses and cattle, and approved by the supervisors or road commissioners of such To be approved. township, or person having charge of the streets of the boroughs, shall be entitled to receive from the road fund thereof a sum of money not exceeding five dollars Compensation. annually, as shall be agreed upon at the time of the erecting of such trough: Provided, That the town council, or person having charge of the streets, in the several boroughs, may erect proper and suitable watering-troughs at an expense not ties may erect.

Borongh anthort