Omission in charter

Validation of certain charters. Titles.

Proviso.

granted for any church, congregation or religious
society, without incorporating therein the require-
ment that the property, real and personal, of
such corporation shall be taken, held, and
enure subject to the control and
and disposition
of the lay members thereof, but which are
in other respects good and valid, and shall be in all re-
spects as good and valid, for all purposes, as if the
said requirement had been inserted therein when the
said charters were originally granted; and the title to
all property, real and personal, heretofore bequeathed,
devised, or conveyed to such church, congregation, or
religious society, or which may have heretofore been
granted or conveyed by such corporation, shall be
firm and stable forever, with like effect as though the
said requirements had been contained in the charter
of such corporation when the same was originally
granted: Provided, That all property, real and person-
al, held by such existing corporation shall enure and
be held subject to the control and disposition of the
lay members thereof, or such constituted officers or
representatives thereof, as shall be composed of a ma-
jority of lay members, citizens of Pennsylvania, hav-
ing a controlling power according to the rules and
regulations, usages, or corporate requirements there-
of, with like effect as though such provision had been
inserted in the charter of such corporation when orig-
inally granted, any other or different provision therein
notwithstanding.

APPROVED-The 1st day of May, A. D. 1907.

EDWIN S. STUART.

No. 109.

AN ACT

Relating to the appointment of stenographers and assistant stenographers to report proceedings in the several courts of common pleas, and orphans' courts, courts of oyer and terminer and general jail delivery, and courts of quarter sessions of the peace, of this Commonwealth, as well as before commissioners, masters, and special masters in chancery, referees, examiners, auditors, and other officers; prescribing their powers and duties, and when such reports shall be evidence of the facts reported; prescribing their compensation and allowances for expenses, when the same shall be paid by the county wherein such stenographers or assistant stenographers are employed, and when by the parties to such proceedings; and repealing an act, entitled "An act directing the appointment of official stenographers in the several civil courts of this Commonwealth; authorizing the appointment of stenographers by examiners, masters, referees, commissioners, and auditors; authorizing the appointment of assistant stenographers; repealing 'An act to authorize the appointment of stenographers in the several courts of this Commonwealth, prescribing their duties and fixing their compensation,' approved May fifteenth, one thousand eight hundred and seventy-four; repealing 'An act to authorize the appointment of stenographers in the several courts of this Commonwealth, prescribing their duties and fixing their compensation,' approved May eighth, one thousand eight hundred and seventy-six, and repealing 'An act defining the duty of court stenographers in the several counties in this State,' approved June tenth, one thousand eight hundred and eightyone," approved the twenty-fourth day of May, one thousand eight hundred and eighty-seven; but such repeal not to revive any law repealed by the said act of twenty-fourth of May, one thousand eight hundred and eighty-seven.

graphers.

Section 1. Be it enacted, &c., The law judges of each official stenoof the several courts of common pleas, and the judges of the several orphans' courts, in this Commonwealth, shall select and appoint a stenographer, or stenog- Appointments. raphers, to report all suits and proceedings in their respective courts, as hereinafter provided. Such appointees shall be known as official stenographers of the respective courts, and shall hold their positions during the pleasure of the court. Any official stenographer appointed under this act may, with the consent of the court, temporarily supply a competent assistant Assistants. or substitute stenographer. Such stenographer and assistant stenographer shall be competent in the art of stenography, and, before entering upon the duties herein provided, shall make oath or affirmation, before the Oath. prothonotary or clerk of the particular court, to perform such duties with fidelity; and a copy of such oath or affirmation, signed by the affiant, shall be certified by the prothonotary or clerk administering the same, and filed of record in the proper office.

Qualifications.

criminal courts.

Section 2. The law judges of each of the several Employment in courts of over and terminer and general jail delivery, and of the courts of quarter sessions of the peace, are hereby authorized to employ the official stenographer, or stenographers, of the courts of common pleas of the particular county, to report the proceedings of the

In the orphans' courts.

Duties.

Transcripts.

Certificate.

Judge's approval.

said courts, whenever in the opinion of the trial judge such services shall be necessary.

Section 3. The official stenographers of the several orphans' courts shall take full stenographic notes of such proceedings as the judges of such courts shall direct, and, when so directed to report proceedings, shall in any proceeding in any trial of fact report the testimony of all witnesses examined, and matters of fered in evidence, and the ruling of the court upon the admission or rejection thereof, as well as the other rulings and adjudications of the trial judges.

The official stenographers of the several courts of common pleas, when engaged in such courts, or in the courts of oyer and terminer, general jail delivery and quarter sessions of the peace, shall take full stenographic notes of the testimony in all judicial proceedings in any trial of fact, at law or in equity, together with the judge's charge, and of any and every ruling, order, or remark of the trial judge, or judges, relating to the case on trial, made in the presence of the jury, in any stage of the proceedings, to which ruling, order, or remark either party may except in the same manner and with the same effect as is now practiced in relation to the judge's charge; and upon any trial without a jury, shall likewise report the proceedings, including the testimony of all witnesses examined and matters offered in evidence, and the rulings of the court upon the admission or rejection thereof, and the findings of the court. And it shall also be the duty of such stenographers to take full stenographic notes of such other matters, in connection with the business of the courts, as the judges of the respective courts, from time to time, may direct.

Section 4. Every official stenographer shall make, or cause to be made, from his stenographic notes of any trial or other matter of which a copy may be required, a correct typewritten copy or copies, as hereinafter provided; and to the filing copy shall attach a certifi cate in the following form:

I hereby certify that the proceedings, evidence, and charge are contained fully and accurately in the notes taken by me on the trial of the above cause, and that this copy is a correct transcript of the same.

Official Stenographer. And in the case of any trial or proceeding before a court, without a jury, shall attach a certificate in the same form, omitting reference to the charge.

Section 5. Such transcript shall be approved by the trial judge, if correct, by endorsing as follows:

The foregoing record of the proceedings upon the trial of the above cause is hereby approved, and directed to be filed.

Judge.

script.

Such copy, when so certified by the official stenographer and approved by the trial judge, shall be filed Filing of tranin the proper office of the court, and shall thereafter become a record of the proceedings therein reported; and upon any other trial, or in any other proceedings. in which it may become material to prove the matters therein reported, such record, or a copy thereof duly certified by the clerk or prothonotary of the proper court; shall be taken and held to be prima facie correct, and, if otherwise admissible in evidence, be admitted Admissible in without the necessity of calling the stenographer who made the original stenographic report as a witness to prove the same.

evidence.

Per diem.

Expenses.

Section 6. Each official stenographer shall be paid compensation. a compensation at the rate of ten dollars per day for every day actually present by himself or his assistant upon a trial or other proceeding, for the purpose of taking notes by the direction of any judge or judges of any of the courts aforesaid, or in attendance upon any of the said judges in connection with the business of the courts, and also be allowed, in addition, such expenses and supplies as the court may deem proper and necessary; said per diem compensation and allowances for expenses and supplies to be paid by the county in and for which the said services are performed, upon the order of the presiding judge. Whenever, in the opinion of the judges of any of said courts, the proper despatch of the business of said courts requires the increased attendance of any official stenographer upon them, or in the court of said judge or judges, they may order and decree that, in lieu of the aforesaid per diem compensation, the official stenographer shall receive an annual compensation of not less than fifteen hun- Annual compendred dollars and not exceeding three thousand dollars, and, in addition thereto, he shall be allowed such expenses and supplies as the court may deem proper and necessary; which said annual compensation and allowance shall be paid by the county in and for which the said services are rendered, upon the order of the presiding judge.

sation.

Section 7. During the progress of the trial of any cause, upon the order of the court upon its own mo tion, or upon motion of counsel and allowance by the court, the official stenographer reporting the proceedings shall, from the stenographic notes thereof, make three typewritten copies, and from day to day as the Dally transcript. case progresses supply one copy to the court. one copy to the plaintiff, and one copy to the defendant, or to their respective counsel; and within a reasonable time after the completion of the trial. to certify a complete copy, as hereinbefore provided, and supply to the parties or their counsel any portion of such copies, not previously supplied, as may be necessary

Proviso.

Capital cases.

Filing of stenographic notes.

Compensation for transcripts.

to complete the record. But, where the trial judge and counsel representing the parties to the cause so agree, such copies need not be made, unless subsequently directed by the court, of its own motion, or upon motion of counsel and allowance by the court: Provided, however, That in any case in which an appeal, writ of error, or certiorari has been taken to the Supreme or Superior Court, or in cases of conviction of murder in the first degree, it shall be the duty of the official stenographer forthwith to make, certify, and file of record a typewritten copy of the stenographic notes of trial, without any order of the court; payment for which shall be made in the same manner as if directed by the court, but the court may direct additional copies in such cases to be made at the same time with the filing copy, as hereinbefore provided. In all cases in which copies of the stenographic notes are not made or required as hereinbefore provided, it shall be the duty of the official stenographer to file said stenographic notes in the proper office for the record of said proceedings. If thereafter the court or counsel desire a copy or copies of the stenographic notes so filed, it shall be the duty of the official stenographer to make the same; and, if ordered by the court, compensation therefor shall be made as provided in section eight of this act; and, if ordered by counsel, without an order of the court, then the compensation therefor shall be paid by the party ordering the same, at the regular rate for the transcription of notes, as provided in section eight of this act.

Section 8. Every official stenographer shall be paid, in addition to the compensation provided in section six of this act, fifteen cents for each one hundred words of every copy of the stenographic notes of trials and of other matters in connection with the business of the court, that are furnished to the court or filed of record, and five cents for each one hundred words of every copy that is given to counsel or to parties, if ordered so that they may be typewritten at the same time with the filing copy; payment for such copies to be made by the county in which the case is pending, or for which the work is performed upon the order of the presiding judge.

Section 9. Any official stenographer, by the agree ment of the parties to any suit, action, or proceeding, or of their counsel, before any examiner, master in chancery, special master, referee, commissioner, auditor, or other like officer, appointed by any of the said courts, in any suit, action, or proceeding therein pendsioner, examiner, ing, may take, under the direction of any such examiner, master in chancery, special master, referee, com missioner, auditor, or like officer, full stenographic notes of such proceedings, and in such cases shall furnish to such officer, upon his request, an accurate

Proceedings before a commis

referee, master,

etc.