P. L. 90. the same as he may require; and all charitable, reformatory and correctional institu- 24 April 1869 § 8. tions now required by law to make annual reports, shall hereafter make and transmit the same to the said general agent on or before the first day of January in Applications for each year; and all such institutions now receiving or that may hereafter desire to state aid. receive state aid, shall annually give notice to the said general agent, on or before the first day of November in each year, of the amount of any application for state aid they may propose to make, and of the several purposes to which such aid, if granted, is to be applied. Ibid. § 9. 11. Whenever any such institution shall thus give notice of asking for state aid, the general agent shall inquire carefully into the ground of such request, the Duties of agent on purpose or purposes for which the aid is asked, the amount which will be required, application for and into any matters connected therewith; and in the annual report the result of state aid. such inquiries shall be given, together with the opinions and conclusions of the board thereon. 12. The several members of said board are each hereby authorized to adminis- Ibid. § 10. ter oaths in examining any person or persons, relative to any matters connected with Power to administhe inquiries authorized by this act. ter oaths. Ibid. § 11. Members not to be 13. No members of said board shall be interested, directly or indirectly, in any contract for building, repairing or furnishing any institution, which by this act they or any one of them are authorized to visit or inspect; nor shall any trustee interested in conor other officer of any of the institutions embraced in this act, be eligible to the tracts. office of commissioner or general agent hereby created. Ibid. § 12. 14. The board of public charities shall annually prepare and print, for the use of the legislature, a full and complete report of all their doings during the year To make annual preceding, stating fully in detail all expenses incurred, all officers and agents em- reports. ployed, with a report of the general agent and secretary, embracing all the respective proceedings and expenses during the year, and showing the actual condition of all charitable and correctional institutions within the state, with such suggestions as the board may deem necessary and pertinent; and the said general agent and secretary is hereby authorized to prepare the necessary blanks and forward the same, in good season, to all institutions from whom information or returns may be needed, and to require a prompt return of the same, with the blanks properly filled. P. L. 42. 15. The statements required to be made by the inspectors, sheriffs or other per- 5 April 1872 § 1. sons having charge of any penitentiary or jail within this commonwealth, under the provisions of the first section of the act approved the 27th day of February Inspectors, sher1847. (m) entitled "An act requiring the inspectors of prisons, sheriffs, prothono- iff's and jailers to taries and clerks of criminal courts and others, to make annual returns to the report to board of public charities. secretary of the commonwealth, and for other purposes," shall hereafter be made to the board of public charities of this commonwealth; and it shall be the duty of How records to be the inspectors, sheriffs or other persons having charge of any penitentiary or jail kept. within this commonwealth, to keep the records of the penitentiary or jail under their charge, after forms to be prepared for and furnished them by the said board of public charities, so that the information and statistics intended to be obtained by said first section of the act of 27th of February 1847, and such other information and statistics as the said board of public charities may deem necessary, may be presented with accuracy and uniformity. 8 June 1893. P. L. 285. 16. It shall be the duty of the said inspectors, sheriffs or other persons, to make return of the statements required by the first section of this act to the said board of public charities within ten days after the first day of January, April, July and Returns to board October, in each year, if required by said board, for each of which statements the of public charities. officer making the same shall receive the sum of ten dollars, to be paid out of the county funds of the county for which said statements shall be made, and upon neglect or refusal to make statements in the manner and at the times required by this act, such inspector, sheriff or other person so neglecting or refusing, shall for- Penalty for negfeit and pay a fine of not more than one hundred dollars, to be sued for and col- lecting to make relected by the general agent in the name of the board of public charities for the use of the commonwealth.(n) turn. rectors of the poor 17. It shall be the duty of the overseers and directors of the poor, or other per- 5 April 1872 § 3. P. L. 42. sons having charge of the poor in the several counties, cities, boroughs and townships of this commonwealth, and of all directors and managers of charitable and Overseers and dicorrectional institutions of the commonwealth receiving state aid, to keep their to keep certain records after the manner and in the form to be prescribed by the board of public records. charities, and to make returns thereof to said board, at such times as they may Are direct; and in default thereof, the person or persons so offending shall forfeit and pay a fine of not less than one hundred dollars, to be sued for and collected by the general agent, in the name of the board of public charities, for the use of the commonwealth. And make returns and almshouses to 18. Before any county prison or county almshouse shall be erected within this Ibid. § 4. commonwealth, the plan of construction of such prison or almshouse, drawn suffi- Plans of prisons ciently in detail for clear comprehension thereof, shall be submitted by the com- be submitted to missioners of the county in which the same is to be built, to the board of public the board. (m) See tit. "Jails." (n) This is an amendment of the act 5 April 1872, § 2, P. L. 42. P. L. 42. 5 April 1872 § 4. charities, and shall be inspected and approved by said board, and so certified by the secretary of said board upon the plan, a copy of which shall be furnished by the commissioners at the time of their submitting the original as aforesaid, and Copies to be filed. shall be signed by the secretary of said board, and shall be filed and remain in the office of the secretary of the commonwealth; and so much of the first section of the act of April 9th, 1851,(o) as requires the report of plans of county prisons to be made to and approved by the secretary of the commonwealth, be and the same is hereby repealed. Ibid. § 5. Clerks may be employed. 7 May 1874 § 1. Appointment of visitors. Penalty for Ibid. § 2. to state insti tutions. 19. That the 13th section of the act to which this is a supplement, be and the same is hereby repealed; and in lieu of the corresponding secretary thereby authorized to be appointed, the said board of public charities may engage and employ such clerical assistance as they may require, the expense thereof not to exceed fifteen hundred dollars per annum. 20. The said board shall have power, by a resolution, to be entered on its minutes, subject to such terms and regulations as it may prescribe, to designate three or more persons in any county to act, without compensation, as visitors in said county of the several poor-houses and other institutions therein, subject to the visitation of the board, in aid of, and as representatives of such board; and all public officers and others in charge of such institutions shall admit to said institutions all such persons so designated, upon the production of a copy of such resolution, certified by the president or secretary of said board, to visit, examine and inspect the grounds and buildings of every such institution and every part thereof, and all its hospital and other arrangements, and to have free access to all its inmates. Any public officer, superintendent or person in charge of any such institution, who shall refuse to admit any person so designated, or shall refuse to give said visitors all requisite facilities for the examination and inspection herein provided for, shall be subject to a penalty of two hundred and fifty dollars for each such refusal; which penalty may be sued and recovered in the name of the people of the state, by the district attorney of the county in which such institution is situated; and the sum so recovered shall be paid into the treasury of the state. 21. Whenever the board of public charities shall be satisfied or have good reason Removal of insane to believe that any insane person in any county or district almshouse, or in the care of any person under the direction of the poor directors of any district, cannot there receive proper care and treatment, or is probably curable, said board, or their representatives in the proper county, shall make application to the president judge of the proper county, in term time, or at chambers, setting forth that such insane person cannot receive proper care and treatment, or is probably curable; and said judge shall, if the statements alleged are sustained by affidavit of petitioners, make decree that the officers in charge of such persons transfer him or her to one of the hospitals for the insane, receiving aid from the state, where such person shall be received and maintained in the manner provided by law, at the expense of the district from which such person is transferred; such expenses to be recovered by such district from such persons as may be liable by existing laws for the support of such insane person. Expenses. 26 April 1855 § 10. Trust in favor of in certain cases. Courts to carry tent of the donor. Proceedings. a II. Regulation of charities. 22. No disposition of property hereafter made for any religious, charitable, literary or scientific use, shall fail for want of a trustee, or by reason of the objects being indefinite, uncertain, or ceasing or depending upon the discretion of a last trustee, or being given in perpetuity, or in excess of the annual value hereinbefore limited, but it shall be the duty of any orphans' court, or court having equity jurisdiction in the proper county, to supply a trustee, and by its decrees to carry into effect the intent of the donor or testator, so far as the same can be ascerinto effect the in- tained, and carry into effect consistently with law or equity;(p) for which purpose the proceeding shall be instituted by leave of the attorney-general of the commonwealth, on the relation of any institution, association or individual, desirous of carrying such disposition into effect, and willing to become responsible for the costs thereof, subject to an appeal as in other cases in said courts respectively, and to be reviewed, reversed, affirmed or modified by the supreme court of this state; but if the objects of the trust be not ascertainable, or have ceased to exist, or such disposition be in excess of the annual value permitted by law, or in perpeof the legislature. tuity, such disposition, so far as exceeding the power of the courts to determine the same by the rules of law or equity, shall be taken to have been made subject to be further regulated and disposed of by the legislature of this commonwealth, in manner as nearly in conformity with the intent of the donor or testator, and the rules of law against perpetuties, as practicable, or otherwise to accrue to the public treasury for the public use. (p) When gift to be (0) See tit. "Jails." (p) This act has no application, where the testator died before its passage. Children's Hospital's Appeal, 10 W. N. C. 313. Otherwise, where the will was made before its passage, but the testator died subsequent thereto. Mann v. Mullin, 84 P. S. 297. See Fidelity Trust Company's Appeal, 99 Ibid. 443. 7 July 1885. P. L. 259. 23. In the disposition of property by will made or to be made for any religious, charitable, literary, educational or scientific use or purpose, if the same shall be void for uncertainty, or the object of the trust be not ascertainable, or has ceased on failure of testamentary devises, to exist, or be an unlawful perpetuity, such property shall go to the heirs at law property to be disand next of kin of the decedent, as in the case of persons who have died or may ance with intestate die intestate. tributed in accord laws. 24. No disposition of property heretofore or hereafter made for any religious or 9 May 1889. P. L. 173. charitable use, shall fail for want of a trustee or by reason of the objects ceasing, or depending upon the discretion of a last trustee, or being given in perpetuity, table use not to Trusts for charior in excess of the annual value limited by law; but it shall be the duty of any fail. court having equity jurisdiction in the proper county, to supply a trustee, and by Court to supply its decrees to carry into effect the intent of the donor or testator, so far as the trustees. same can be ascertained and carried into effect consistently with law or equity, Intent to be carsubject to an appeal as in other cases in said courts respectively, and to be reviewed, reversed, affirmed or modified by the supreme court of this state: Provided, however, That the provisions of this act shall not apply to causes now in litigation.(q) ried into effect. Appeal. P. L. 331. 25. It shall not be lawful for any unincorporated literary, religious or charitable 26 April 1855 § 4. society, church, association or congregation, hereafter to acquire and hold, either in the associate name, or that of trustees, or otherwise, real or personal property that Restriction of in the aggregate is of a greater yearly value than, if incorporated, it would be amount of propallowed to hold, under the general laws of this commonwealth for incorporating unincorporated aserty to be held by such associations; nor shall it be lawful for any corporation incorporated under sociations. any law of this state, hereafter to acquire and hold through any trustee or trustees, And corporations. or by any other device whatsoever, real or personal estate to a greater amount or value than such incorporation is by its charter allowed to hold: Provided, That any property now held as aforesaid, in excess of such value, shall not be hereby invalidated or prejudiced, in title or otherwise. Ibid. § 8. 26. Any literary, religious, charitable or beneficial society, congregation, association or corporation, having capacity to take and hold real and personal estate What amount may within this commonwealth, may acquire and hold the same to the extent in the be so held. aggregate of the clear annual value of five thousand dollars, and to no greater extent, without an express legislative sanction; and in ascertaining such value, all vacant lots or lands shall be taken to be of the annual value at which such lots or lands could be let upon ground-rent, or at the interest of the price at which be affected. they would sell for cash and without sacrifice; and if occupied and yielding rent or How amount to be income, then as of the annual value of such rent or income, or of the valuation as ascertained. vacant ground, in manner aforesaid, whichsoever shall be of the greater amount; but no edifice used for worship, education or an hospital, or the unproductive ground contained within the curtilage of such building, shall be included in such valuation: Provided, That no bonâ fide purchaser, for a valuable consideration, Title of bonâ fide shall take a defeasible title by reason of the grantors having held property in excess purchasers not to of the limit aforesaid: And provided, That any property now held as aforesaid, in excess of such value, shall not be hereby invalidated or prejudiced in title or otherwise. 27. Any literary, religious, charitable or beneficial society, congregation or corporation having capacity to take and hold real and personal estate within this commonwealth, may acquire and hold the same to the extent in the aggregate of Limitation of the clear yearly value of thirty thousand dollars, and to no greater extent, without amount of propan express legislative sanction. Such value shall be ascertained as provided by the erty to be held. act to which this is a supplement.(r) 22 April 1889. P. L. 42. 8 June 1891. P. L. 211. 28. It shall and may be lawful for any corporation incorporated under the laws of this state, or of any other state of the United States, to take, have and hold real estate heretofore given or devised, or hereafter given or devised to such Corporations may corporation to be used for any religious or charitable purposes: Provided, That hold real estate nothing herein contained shall be taken to relieve real estate from being taxed for charitable purin like manner with other real estate within this commonwealth: And provided To be sold in five further, That all real estate held under the provisions of this act, shall be sold by years. such corporations within five years from the time the right of possession shall accrue to such corporation. poses. 6 June 1893. P. L. 824. 29. It shall be lawful for any corporation formed for a religious, educational, literary, scientific or charitable purpose to file its petition in the court of common pleas of the county where the principal office or place of business of such corpora- Court may extend tion is located, setting forth that the amount of property, real and personal, which amount of propsaid corporation by law is authorized to hold, is insufficient to enable it to fully erty to be held. and properly accomplish the religions, educational, literary, scientific or charitable work or purpose for which it was formed, and thereupon it shall be the duty of the court to which said petition is presented to make inquiry into the truth of the matters alleged in the petition, and if, upon such inquiry, the court is satisfied of the truth of the matters so alleged, and that the prayer of the petition can be allowed without injury to the public welfare, then it shall be lawful for the court to (9) Under this act a gift to a charity is not void, although it transgresses the rule against perpetuities. Lennig's Estate, 154 P. S. 209. (r) This is a supplement to the act 26 April 1855, §8, P. L. 331. 6 June 1893. P. L. 324. 26 April 1855 § 12. P. L. 331. Restriction on ac terest. To be expended annually. enter a decree extending and defining the amount of property, real and personal, which such corporation shall be permitted to hold. 30. To avert the evil of an indefinite increase of the property in mortmain and perpetuity, it shall not be lawful for any religious, charitable, literary or scientific society, association or corporation, present or future, to accumulate income into cumulation of in- capital or invested estate, so as that the clear annual value thereof, as regards future acquisitions with those now held, shall exceed the limitation hereinbefore contained, and as regards acquisitions now held by or for any such body, shall not exceed said annual amount, except as the property now held does, or being made more productive, may exceed such amount, but all such clear income, after such amount of capital or invested estate shall be attained, shall be expended annually in and for the purposes, uses and trusts upon and for which the property producing it is held; and if there be not objects within the intent of such purposes, uses and trusts sufficient to exhaust such income, it shall be the duty of such body or association holding such property, to apply to the legislature for authority to expend the income thereof upon such practicable objects as shall most nearly conform to the intent of the uses and trusts upon which such property is held, and in default thereof, such income as shall not be so expended in execution of its trust, shall be When income to paid into the treasury of the commonwealth: Provided, That this section shall not paid into the state be taken as intended to apply to any corporation or trust, if any there be, placed by contract beyond such legislative requisition. When legislative aid to be sought. treasury. Ibid. § 13. Accounts to be be 31. It shall be the duty of the state treasurer and auditor-general to keep distinct and clear accounts of all moneys which shall accrue to the treasury under this act, that the same may, by the legislature, be applied to objects within the purpose of the trust thereof, should such objects arise, or to other objects as near How appropriated. as practicable to the intent of such trust, but without interest to be paid thereon by the treasury. kept of money so paid. Ibid. § 11. Gift to charity within one month 32. No estate, real or personal, shall hereafter(s) be bequeathed, devised or conveyed to any body politic, or to any person, in trust for religious or charitable uses,(t) except the same be done by deed or will, attested by two credible, and, at the time, of donor's decease disinterested witnesses, (u) at least one calendar month before the decease of the testator or alienor; (v) and all dispositions of property contrary hereto, shall be void and go to the residuary legatee or devisee, next to kin or heirs, according to law: Provided, That any disposition of property within said period, bonâ fide made, for a fair valuable consideration, shall not be hereby avoided.(w). to be void. Ibid. § 15. Gifts to charities to be subject to this act. 33. All dispositions of property hereafter made to religious, charitable, literary or scientific uses, and all incorporations or associations formed for such objects, shall be taken to have been made and formed under and in subordination to all the duties and requisitions of this act, as rules of property and laws for their government. 34. All property hereafter acquired and held by persons, corporations or associations, forbidden by this act to hold the same, or held contrary to the intent of Property aliened in this act, and all such hereafter acquired and held beyond the limit prescribed as Ibid. § 9. mortmain to escheat. Proceedings by quo warranto. aforesaid by this act, shall escheat to this commonwealth, and upon the same being adjudged to have escheated, under proceedings in court by quo warranto in all respects as is provided by law in the case of the usurpation of any corporate franchise, the same shall be taken in possession and disposed of, and with the like compensation to the person or persons informing and procuring the inquisition, as (s) This act does not apply to a will executed before its passage. Taylor v. Mitchell, 57 P. S. 209. (t) A devise to a school, under the auspices and control of a religious denomination, and confined to the youth of its members, both rich and poor, and in which its peculiar doctrines constitute a part of the course of instruction, is a charitable one, within the meaning of this act. Price v. Marwell, 28 P. S. 23. So is a bequest to be expended in the purchase of a lot and the erection of a college or university, with library-rooms, &c. Miller v. Porter, 53 P. S. 292. And so is a legacy to a religious society. McLean v. Wade, 41 P. S. 266. And see Domestic and Foreign Missionary Society's Appeal, 30 Ibid. 425. Cresson's Appeal, Ibid. 427. Evangelical Association's Appeal, 35 Ibid. 316. An absolute devise, by a will executed within thirty days of the testator's death, upon a secret parol trust for a charity, is void, under the act; otherwise, if the devisee had no knowledge of it, until after the decease of the testator, though he considered himself morally bound to conform to the wishes of the donor. Schultz's Appeal, 80 P. S. 396. See Kenrick v. Cole, 61 Mo. 572, and Judge Redfield's note in 24 Am. L. Reg. 465. A beneficial society is not a charity within the meaning of the statute. Swift v. Beneticial Society of Easton, 73 P. S. 362. Nor a bequest of a fund, in trust to apply the income thereof to the education of a nephew for the ministry. McMillen's Appeal, 11 W. N. C. 440. But a bequest to keep the graveyard of a church in repair is a religious or char itable use. Ralston's Estate, 1 Chest. Co. R. 482. And so is a bequest to a church to be expended in masses for the repose of the testator's soul. Rhymer's Appeal, 93 P. S. 142. Sée Dougherty's Estate, 5 W. N. C. 566. (u) See Combs's Appeal, 105 P. S. 155. (v) See Carnell's Estate, 9 Phila. 322. Parker's Estate, 14 Ibid. 556. Poulson's Estate, 11 Ibid. 151. Carl's Appeal, 105 P. S. 635. (c) The statute does not avoid an executed gift of personal property, made within a calendar month of the donor's decease. McGlade's Appeal, 90 P. S. 338. The act being in derogation of the common law, a bill charging a violation of its provisions, must clearly and distinctly bring the case within its terms. Manners v. Philadelphia Library Co., 93 P. S. 165. If a devise to a charity be void under the statute, the lapse of five years from the probate does not bar the heirsat-law. Hupfeld's Estate, 5 Phila. 219. Where a testator, being informed that if he died within a month, a bequest to charity would be void, thereupon bequeathed a certain amount to a brother to be distributed among certain charities, named at the time, and the testator also gave legacies to two nieces, and the will further provided that the residuary estate should be divided among the legatees in proportion to sums bequeathed to them, it was held, that the gift to the brother was inoperative and fell into the residue, but that the brother was entitled to a share of the residuary estate as being a legatee. Carlile's Estate, 34 W. N. C. 62. P. L. 331. Proviso. Legislature may relieve on terms. Ibid. § 14. in cases of property escheated for defect of heirs: Provided, That no property 26 April 1855 § 9. now held, or hereafter lawfully acquired, shall afterwards become defeasible in title by reason of any subsequent rise in the value thereof; but such rise, after it shall occur, shall be taken into view to preclude a further acquisition, and holding beyond the limit aforesaid: And provided, That the legislature may relieve, upon such terms as may be deemed just and for the public good, from any forfeiture as aforesaid, upon the payment to the party informing or prosecuting his actual expenses, and such further reasonable compensation as the legislature may prescribe. 35. It shall be the duty of the auditor-general, whenever he shall have reason to believe that any property shall be defeasibly held, and liable, upon office found, to accrue to the treasury, or that the income of any corporation or association, as general. aforesaid, shall exceed the limit allowed by law, to call upon any and all officers or trustees thereof, to make, within thirty days, a true return and exhibit of all their property, and the annual income thereof; and if no return be made within such time, or the same be unsatisfactory to him, it shall be further his duty to To file bill of discause to be filed a bill of discovery in the supreme court, or in any court of the covery. proper county having equity jurisdiction, against the officers or trustees of any such corporation or association, which the defendants therein shall answer under the compulsion usual in such cases, and their answers may be used in any proceeding to assert the rights of the commonwealth. Duties of auditor 10 April 1867 § 1. P. L. 66. real estate. 36. The trustees, owner or owners of any literary or charitable institution now incorporated, erected, endowed or established, or that may hereafter be incorporated, erected, endowed or established, by virtue of any law of this commonwealth, Soldiers' orphan be and they are hereby authorized and empowered to secure, by purchase, lease, schools may hold bequest or otherwise, and to hold, enjoy and use lands and buildings not exceeding in value thirty-five thousand dollars, and to sell, lease or otherwise dispose of Exemption from the same; and the lands and buildings thus secured and held shall be exempted from all and every county, road, city, borough, poor and school tax: Provided, That these institutions be designated and employed as soldiers' orphan schools: And provided also, That the state shall never be asked or expected to pay any portion of the cost of said buildings and grounds. taxation. 8 May 1876 § 1. P. L. 143. 37. In the case of hospitals, schools and charitable institutions of all kinds, prohibited by their respective charters from holding real estate, or limited as to the amount thereof, the said prohibition or limitation shall not be taken to extend to May invest in ground-rents given, devised or purchased by said institutions respectively; but all ground-rents. ground-rents so given, devised or purchased by said institutions, or any of them, shall and may be held by them with the like effect as if no such prohibition as to real estate existed in their respective charters, anything in their respective charters to the contrary notwithstanding: Provided, That nothing herein contained shall be construed to enlarge or extend the amount of income which the said institutions respectively are, by their respective charters, authorized to have and hold. sales. P. L. 60. 38. In all cases of hospitals, schools, charitable, literary and religious institutions 13 May 1879 § 1. of all kinds, prohibited by their respective charters or by law from holding real estate, or limited as to the amount thereof, the said prohibition or limitation shall Purchase of real not be taken to extend to purchases made by corporations such as aforesaid, at estate at judicial sheriffs', masters' or marshals' sales of real estate, on which the party purchasing may hold a mortgage, judgment or ground-rent, when such purchases are made to protect their respective interests; and deeds made to them respectively as such purchasers, by sheriffs, masters or marshals making the sales, shall convey to the said purchasers respectively a good and indefeasible title to any and all real estate so purchased, as if no prohibition or limitation as to the purchase of real estate existed in their respective charters or in the law: Provided, That all real Excess to be disestate bought by any corporation such as aforesaid, under the provisions of this posed of within act, in excess of the quantity they are allowed by law, or their respective charters, ten years. to hold, shall be sold by said corporations, either on ground-rent or otherwise, within ten years from the purchase so made as aforesaid.(x) P. L. 30. 39. All corporations, penitentiaries, charitable and educational institutions, 6 April 1870 § 59. receiving and disbursing state appropriations, shall take proper vouchers for the money so expended by them, and shall make quarterly settlements with the Quarterly settleauditor-general.(y) 40. It shall be the duty of any corporation, manufacturing establishment or colliery, to retain from and out of the wages or earnings of any person by them employed, on his written order, any contribution or voluntary subscription by such person, made in monthly or other payments, for the support of any hospital or other charitable institution, and the sum so retained to pay over upon demand to such hospital or other charitable institution; and any payment so made shall be as valid as if paid to the person by whom said wages or earnings were earned: Provided, That the hospital or charitable institution claiming the same, shall give notice in ments. 15 May 1874 § 1. P. L. 194. How wages may be appropriated to charitable purposes. (2) This time has been extended for periods of five P. L. 41; 26 May 1887, P. L. 274; and 18 May 1893, years by the acts of 22 May 1878, P. L. 96; 22 May 1883, P. L. 88. (y) Re-enacted by act 3 April 1872, P. L. 14. |