3 June 1893 § 5. P. L. 289. select superintend fix the salary thereof, and of such other persons as they may think necessary to employ, in order to secure the proper economical construction of said buildings: Provided, That the total cost of said buildings and grounds shall not exceed the ent of construction sum of five hundred thousand dollars. and fix salaries. Costs of buildings Ibid. § 6. Appropriation. 14. To enable the commissioners to purchase the land and to erect said buildings, and grounds. the sum of two hundred and fifty thousand dollars, or so much thereof as may be necessary, is hereby specifically appropriated, to be drawn from the treasury as the same may be required, on warrants drawn by the auditor-general in the usual manner, vouchers or statements to be furnished approved by the secretary of the state board of public charities before any warrant is issued. Ibid. § 7. Groups of build 15. The buildings shall be in two groups, one for the educational and industrial department, and one for the custodial or asylum department, with such other subdivisions as will best classify and separate the many diverse forms of the infirmity ings. to be treated, and shall embrace one or more school-houses, a gymnasium and drill hall, a workshop, and an isolating hospital, all on such scale as will create an institution to accommodate not less than eight hundred inmates or patients, Accommodation. planned and located for easy and natural additions as population demands. 16. Said commissioners shall proceed to erect said buildings and complete the Ibid. § 8. same within three years from the passage of this act, and shall make report to the state board of public charities of the amount of money expended by them, and of Buildings to be the progress made in the erection of the buildings, semi-annually at least, and three years. oftener if so required by the board. completed within Governor to ap 17. The said commissioners, upon the completion of the said institution, shall Ibid. § 9. surrender their trust to a board of trustees, to consist of nine members, who shall serve without compensation, and be appointed by the governor by and with the point board of advice and consent of the senate. Said trustees shall be a body politic or corpo- trustees. rate of the name and style of the state institution for feeble-minded of western Penn- Name. sylvania. They shall manage and direct the concerns of the institution, and make Duties of trustees. all necessary by-laws and regulations not inconsistent with the constitution and laws of the commonwealth. Of the trustees first appointed three shall serve for Terms. one year, three for two years, and three for three years, and at the expiration of the respective periods the vacancies shall be filled by the governor by appointment for three years, as herein before provided, and should any vacancy occur by death Vacancies. idiots and feeble 18. This institution shall be entirely and specially devoted to the reception, de- Ibid. § 10. tention, care and training of idiotic and feeble-minded children, and shall be so Institution to be planned in the beginning and construction as shall provide separate classification devoted to the care of the numerous groups embraced under the terms idiotic and imbecile or feeble- and training of minded. Cases afflicted with either epilepsy or paralysis shall have a due propor- minded children. tion of space and care in the custodial department. It is specifically determined that the processes of an agricultural training shall be primarily considered in the educational department, and that the employment of the inmates in the care and raising of stock and the cultivation of small fruits, vegetables, roots, et cetera, shall be made largely tributary to the maintenance of the institution. 19. There shall be received into the institution feeble-minded children, under the age of twenty years, whose admission may be applied for as follows: First. By the father if father and mother are living together. Ibid. § 11. Who shall be received in said insti Second. If father and mother are not living together, then by one having custody tution. of the child. Third. By the guardian duly appointed. Fourth. By the superintendent of any county orphanage. Fifth. By the person having the management of any other institution or asylum where children are cared for. Admission, how applied for. Ibid. Inmates subject to rules. Under items three, four and five, consent of parents if living is not required. 20. All inmates are subject to such rules and regulations as the board of trustees may adopt. 21. The form of application for admission into the institution and the necessary checks to improper admissions shall be such as the board of trustees, with the Ibid. § 12. approval of the state board of charities, may prescribe, and each application shall mission. be accompanied by answers, under oath, to such interrogatories as the trustees Answers to be shall by rule require to be propounded. Application for ad under oath. 22. Any parent or guardian who may wish to enter a child into said institution Ibid. § 18. for treatment, culture or improvement, and pay all expenses of such care, may do Pay inmates may so under terms, rules and regulations prescribed by the superintendent and be received. approved by the trustees. 23. Said board shall receive as inmates of said institution feeble-minded chil- Ibid. § 14. dren, residents of this state under the age of twenty years, who shall be incapable Feeble-minded of receiving instruction in the common schools of this state. Said board shall children under prescribe and cause to be printed instructions and forms of application for the twenty years of admission of such, and shall include therein interrogatories to which they shall age. require answers, under oath, showing such facts as they may be needed for the information of said trustees. Such printed instructions and forms shall be furnished P. L. 289. 3 June 1893 § 14. to all applicants for the admission of any person or patient in whole or in part as a state beneficiary, and shall be indorsed by the board of commissioners or directors of the poor of the county in which he or she resides at the time of the making of the application. Ibid. § 15. Feeble-minded 24. Adults who may be determined to be feeble-minded, and who are of such inoffensive habits as to make them proper subjects for classification and discipline adults may be ad- in an institution for the feeble-minded, can be admitted on pursuing the same course of legal commitment as govern admission to the State Hospital for the Insane. mitted. 25. The board of commissioners or directors of the poor of a county in approving an application for the admission of a person to said institution, shall state whether or not such child has an estate of sufficient value, or a parent or parents of sufficient financial ability to defray the expense in whole or in part of supporting such child in said institution, and if there be such means of support, in part only, then the amount per month which the parents or parent or the legal guardian of such child may be able to pay, and the person or persons who make the application for such admission shall therein make statement under oath as to such means of support. Said board of trustees in accepting an application for the admission of any person shall fix the amount, if any, which shall be paid for such support according to the ability of the parents or parent of the person or according to the value of such person's estate, if any, and shall require payment for such support, so far as there may be ability to pay, as a condition to the admission or retention of said person. Said amount may at any time be changed by said trustees according to their information concerning such means of support. Where the indigence of the child or its family be such as to require its admission upon the full beneficiary fund of the state, the ascertainment of the facts shall be as hereinbefore stated, and the support at the institution shall be provided for by annual appropriations at such per capita rates as shall be appropriated by the legislature on the application of the trustees, after submission and approval of the same by the state board of public charities. 26. Said board shall have authority to receive for the use of said institution such gifts, legacies, devises and conveyances of property, real or personal, that may be made, given or granted to or for such institution or in its name or the name of said board. 27. The said board of trustees shall appoint a skilful physician who shall be superintendent and shall be competent to oversee and direct the medical, hygienic, educational and industrial interests of the institution, and shall have charge and supervision of the entire institution, both professional and otherwise. He shall name for appointment such and so many assistants, attendants and employés, as may be considered necessary by the said board of trustees, and, with the approval of the trustees, shall appoint a steward who shall have charge, under the direction of such superintendent, of the employment of the inmates of said institution and the purchase, production and distribution of all supplies, under such rules and regulations as may be established by such trustees. 28. The salaries of the superintendent, matrons, teachers, assistants and attendants of the institution, shall be fixed by the board of trustees. 29. The said trustees shall make, under oath, by their president or treasurer, a quarterly report to the auditor-general of the state and to the state board of public charities, containing an itemized statement of the receipts from all sources and the expenses of the institution during the previous quarter, and unless such itemized report is made and approved by the state board of public charities, auditor-general and state treasurer, the state treasurer is hereby directed not to pay any more money to said institution until such report is made as aforesaid. 30. The governor, judges of the several courts of the commonwealth, members of the legislature and the board of public charities shall be ex officio visitors of said institution. EJECTMENT. See ACTIONS REAL. I. OF THE WRIT AND SERVICE. 1. Form of writ. 2. Tenants to give notice to their landlords. Penalty for neglect. 3. Landlords to be admitted to take defence. 4. Joint-tenants, coparceners and tenants in common may join. Minors may sue by their guardians. Defendant may defend on his own title, or that of others. Landlord to admit himself in possession. 5. Writ to be served on other parties than defendant, if in possession. When judgment may be taken by default. Sheriff's return to be evidence of possession. 6. How service to be made, in actions to enforce specific performance, where no person resides on the land. 7. And to recover lands sold for taxes. 8. Against non-residents. 9. In all cases of vacant possession. Actual notice to be given. II. OF THE PROCEEDINGS IN THE CAUSE. 10. Description to be filed. When defendant to appear. 11. Estrepement may issue, without motion. 12. Ejectment not to abate by death. 13. Or by assignment of plaintiff's title. 14. Nonsuit may be entered against one of several plaintiffs and verdict for the others. 15. Two verdicts to be a bar. Plea in ejectment. 16. Party in possession may rule the claimant to commence his second or third ejectment within six months. Notice to non-residents of the county. To residents of other states. To corporations. 17. In default, rule to be made absolute and the claimant to be barred. 18. One verdict to be a bar, in certain cases. 19. Effect of judgment in trespass, on plea of title. 20. Action for mesne profits, not to abate by death. 21. Proceedings where defendant does not plead, or withdraws his appearance. 22. Executors may maintain ejectment for purchase-money. 23. In case of eviction, after return of execution, alias and pluries to issue. 24. Prothonotary to keep ejectment-index. No person to be affected with notice by lis pendens, unless indexed. 25. Counsel fees to be recoverable, as costs, in Erie county. 26. Plaintiffs may be ruled to bring error. In case of neglect, to bring second ejectment. In default, to be barred. 27. Claimants in possession may rule purchasers at judicial sales to bring ejectment within 90 days. Service and return of rule. 28. Service, proof and return against non-residents. 29. Judgment in default of answer. 30. Persons in possession of real estate may take rule on party not in possession but claiming title, to bring ejectment within six months. Service when parties reside outside the county. Or outside the state. 31. Failure to appear and show cause. ment. 34. Damages may be recovered up to the time of trial. I. Of the writ and service. County, ss. The Commonwealth of Pennsylvania: on the day of 4 Sm. 882. 1. All writs of ejectment shall be in the form following, and not otherwise, (g) 21 March 1806 § 12. viz.: [L. S.] To the Form of writ. sheriff of said county, Greeting: You are hereby commanded that you summon A. B. to appear before the judges of the court of common pleas, in and for said county, to be holden at next, then and there to answer to a certain complaint made by C. D., that he the said A. B. now hath in his actual possession, a tract of land, situate in township, (h) in the said county, containing acres or thereabouts, bounded by lands of E. F., G. H., the right of possession or title to which, he, the said C. D., saith is in him [or them, as the case may be], and not in the said A. B., all which the said C. D. averreth he is prepared to prove before our said court. Hereof fail not. Witness J. B., president [or judge, as the case may be] of Anno Domini one thousand eight our said court, at hundred and the day of Attested: J. M., prothonotary. 2. Every tenant(i) to whom any [declaration in] ejectment shall be delivered 21 March 1772 § 8. for any lands, tenements or hereditaments, within this province, shall forthwith 1 Sm. 372. give notice thereof(k) to his or her landlord or landlords, or his, her or their Tenants to give bailiff, receiver, agent or attorney, under penalty of forfeiting the value of two notice to their years' rent of the premises so demised or holden in the possession of such tenant, to the person of whom he or she holds; to be recovered by action of debt to be Penalty for brought in any of the courts of common pleas within this province, wherein no es- neglect. soin, protection or wager of law, shall be allowed, nor any more than one imparlance. (g) Notwithstanding this provision, an amicable action of ejectment may be entered. Massey v. Thomas, 6 Binn. 333. The act only varies the mode of commencing the action, and the pleadings therein, but alters none of its essential qualities or effects. Duer v. Boyd, 1 S. & R. 211; Murray v. Garretson, 4 Ibid. 134. Osbourn v. Osbourn, 11 Ibid. 57. Postens v. Postens, 3 W. & S. 183. Means v. Presbyterian Church, 3 P. S. 97. (h) It is sufficient, to mention the county and township, the number of acres, and the name or names of the persons who own the adjoining lands. Hawn v. landlords. Norris, 4 Binn. 77. And see Pennsylvania and New York Canal and Railroad Co. v. Roberts, 8 W. N. C. 6. If pleaded in abatement, the omission of the name of the township in the writ will be fatal. Lyons v. Miller, 4 S. & R. 280. And if the writ be indescriptive, except by adjoiners, and the verdict be general, for the land described in the writ, it will be too vague to sustain a judgment. Hunt v. McFarland, 38 P. S. 69. (i) The writ may be served upon a tenant in possession holding over. Losee v. McFarland, 86 P. §. 33. (k) See Boyer v. Smith, 5 W. 65. 21 March 1772 § 9. 1 Sm. 372. Landlords to be admitted to defend. 18 April 1807 § 1. 4 Sm. 476. may join. 3. It shall and may be lawful for the court where such ejectment shall be brought, to suffer (1) the landlord (m) or landlords to make him, her or themselves defendant (n) or defendants, by joining with the tenant or tenants, to whom such declaration in ejectment shall be delivered, in case he or they shall appear, but in case such tenant or tenants shall refuse or neglect to appear, judgment shall be signed [against the casual ejector], for want of such appearance; but if the landlord or landlords of any part of the lands, tenements or hereditaments, for which such ejectment was brought, shall desire to appear by himself or themselves [and consent to enter into the like rule, that by the course of the court, the tenant in possession, in case he or she had appeared, ought to have done], then the court, where such ejectment shall be brought, shall and may permit such landlord so to do, and order a stay of execution upon such judgment [against the casual ejector] until they shall make further order therein. 4. The writ of ejectment prescribed in the act to which this is a supplement shall issue in all cases where lands, tenements or hereditaments are claimed, and Joint tenants, &c., give remedy as fully and effectually as in ejectments in the form heretofore used; and all parties having an undivided interest in any such lands, tenements and Minors may sue by hereditaments, whether as joint tenants, coparceners or tenants in common, may their guardians. join therein and recover(o) according to their interest and title;(p) and minors Defendant may may sue by their guardians as in other cases; and the defendant may defend upon his own title or the title of third persons; and the landlord may, as heretofore, be admitted as defendant, and in such case, on the trial, shall admit himself in possession. defend on his own title or that of others. 14 April 1851 § 11. P. L. 614. 5. Where any writ of ejectment shall be issued, and on the service thereof it shall appear to the sheriff that other persons not named in the writ are in possession of the premises or part thereof, such sheriff shall add(9) the name of such person or persons to such writ, and serve the same, and on return thereof, the prothonotary shall enter such additional defendants to the action, and they shall be parties(r) thereto; and in case of any of the defendants not appearing, on motion to the court, and on affidavit(s) of the sheriff or other officer, having served the said writ, stating the manner in which the said service was made, and on the same being deemed by the court a service agreeably to law, judgment may be enacted by default, (t) for such part as he is possessed of, and a writ of possession may issue upon such judgment, and the action may proceed to trial for the residue against the other defendant or defendants. And the return by the sheriff of having served any such writ on the defendants marked served by him, shall be evidence of such defendant(u) or defendants being in actual possession of the premises or part thereof. 6. Any action of ejectment hereafter to be brought by a vendor to enforce the specific performance of the agreement against the vendee or vendees or persons claiming under him or them, for land upon which there is no person residing, the (1) It is the duty of the court, before making the order, to inquire whether the applicant stand in the relation of landlord, or whether his claim of title be consistent with the possession of the occupier. McClay v. Benedict, 1 R. 424. Bell v. Caldwell, 107 P. S. 46. In ejectment by a landlord against a tenant, it is not error to refuse permission to one who claims title adversely to the plaintiff, to be substituted as a codefendant. Boyer v. Smith, 5 W. 55. And the court may refuse permission, where the purpose is delay. Linderman v. Berg, 12 P. S. 301. But, otherwise, a landlord may be admitted to defend, though he did not apply at the return of the writ. Brown v. O'Brien, 3 Clark 115. (m) A vendor, with covenant of warranty, of the defendant, is not entitled to be substituted as landlord. Linderman v. Berg, 12 P. S. 301. Nor a purchaser of part of the premises, after the commencement of the suit. Brown v. O'Brien, 3 Clark 115. Pennsylvania Canal Co. v. Central Iron Works, 7 Phila. 662. The admission of the defendant's grantor rests in the sound discretion of the court. Stafford v. Wheeler, 93 P. S. 462. One who has an interest in and possession of land, cannot be ejected, under a writ of habere facias, issued upon a confessed judgment, in a suit to which he was not a party; the execution of such writ will be restrained by injunction. King v. Wimley, 26 L. I. 254. (n) Whenever a landlord means to take defence, he ought to make himself a party on the record. Clayton v. Alshouse, 2 Dall. 151. Bauders v. Fletcher, 11 S. & R. 421. But although he will be admitted as a co-defendant, yet the defendant's name will not be stricken out in order to substitute the landlord's without the plaintiff's consent. Emlen v. Hoops, 3 S. & R. 130. Rittenhouse v. Fetters, 9 W. N. C. 221. (0) The mesne profits may be recovered in an action of ejectment. Dawson v. McGill, 4 Wh. 230. Means v. Presbyterian Church, 3 P. S. 96. Carman v. Beam, 88 Ibid. 319. But the plaintiff must give reasonable notice of his intention to claim them. Cook v. Nicholas, 2 W. & S. 27. See infra 32–4. (p) Ejectment cannot be maintained to enforce payment of arrears of maintenance, reserved for life, out of land, after the death of the party entitled thereto, or for a life-estate, after the death of the tenant for life. Hamilton v. Whitely Township, 12 P. S. 147. (q) The sheriff may add the name of such person, after statement, plea, verdict and judgment." Irish v. Scovil, 6 Binn. 55. (r) The plaintiff may waive proceedings against the parties so added. Freedly v. Mitchell, 2 P. S. 100. (8) A judgment by default, without an affidavit of service, is erroneous. Traer v. Bowman, 3 P. & W. 70. Michew v. McCoy, 3 W. & S. 501. (t) The defendant is not bound to appear, or do anything, until the second term, nor can judgment be taken against him until then. Vanderslice v. Garven, 14 S. & R. 273. Young v. Cooper, 6 W. N. C. 43. And the act of 1836 has made no difference in this respect. Ellison v. Hummen, 2 T. & H. Pr. § 1850. (u) This provision embraces all the defendants. Dietrick v. Mateer, 10 S. & R. 151. Gratz v. Benner, 13 Ibid. 110. Cooper v. Smith, 9 Ibid. 26. The return, however, is but primâ facie evidence, and may be disproved. Dietrick v. Mateer, 10 S. & R. 152. Gratz v. Benner, 13 Ibid. 111. Cooper v. Smith, 9 Ibid. 26. Helfenstein v. Leonard, 50 Penn. St. 462. Corley v. Pentz, 76 Ibid. 57. In an action for mesne profits, however, the return is conclusive evidence that the defendant was in possession when the writ was served; but only primâ facie evidence that such possession was continued until the service of the habere facias. Sopp v. Winpenny, 68 P. S. 78. enforce specific land. writ may be served on the vendee or vendees, or persons claiming under them, and 14 April 1851 § 11. if such vendee or person claiming as aforesaid cannot be found by the sheriff of P. L. 614. the proper county, then and in that case the court, after the return-day of the writ, How service to be may, on motion of the plaintiff or his attorney, grant a rule on the defendant made, in actions to (describing the premises) to appear and plead, which rule shall be published, sixty performance, days before the return-day thereof, in one newspaper of the county in which such where no person action is brought, to be inserted at least three times; and if no proper person (v) resides upon the shall appear to defend against the said action, the court, on proof of such publication, shall, on motion in open court, at the stated term, give judgment by default; but in case the vendee or purchaser or person claiming under him shall appear, the court shall cause the person, or his legal representatives so claiming under the vendee or purchaser, to be made defendant, and the cause shall be proceeded in and tried with the same effect as if there were an actual occupation of the land and regular service on the defendant. (w) taxes. 7. Any person wishing to bring an ejectment for land on which no person 29 March 1824 § 4. resides, and which lands have been sold for taxes, may bring his action and serve 8 Sm. 291. the writ on the person who purchased the said lands; and if such person cannot And to recover be found in the proper county, then the court, after the return-day of the writ, lands sold for may, on motion of the plaintiff or his attorney, grant a rule on the defendant, describing the premises, to appear and plead, which rule shall be published for sixty days successively, before the return-day thereof, in a weekly or daily newspaper of the proper county; and if no person appears, then the court, on proof of the publication, shall, on motion, in open court, at the stated term, give judg ment by default; but when the purchaser appears, or some person claiming under him, the court shall cause the person or his legal representative, so claiming under the purchaser, to be made defendant, and the cause shall be proceeded in and tried on the respective titles of the parties, as fully as if there was an actual occupation of the land. P. L. 467. 8. Any person wishing to bring ejectment for land claimed adversely to him 18 April 1853 § 1. by any person or corporation, not resident or being within the county where such land lies, may bring his action and serve the writ on any person within the county, Against non resihaving charge or superintendence of the land in behalf of or as agent of such dents. party claiming adversely: Provided, That before any trial or judgment shall be had in such suit, it shall be made to appear to the satisfaction of the court, that the defendant has had notice in fact of the suit, in time to appear and defend it, and if the defendant be a corporation, this notice may be given to the president or other chief officer of it. P. L. 256. In all cases of va- 9. The provision of the 11th section of the act passed the 14th day of April 18 April 1858 § 1. 1851, relative to the service of writs in certain actions of ejectment, shall hereafter extend to all cases where claimants and mortgagees may desire to bring actions of ejectment for any unseated or unoccupied lands within this commonwealth, whenever the adverse claimant or mortgagor does not reside in the county where such lands are situate, and has no known agent or person having the charge or superintendence of said lands, resident within said county: Provided, That before any trial or judgment shall be had in such suit, it shall be made to appear Actual to the satisfaction of the court, that the defendant has had notice in fact of the given. suit, in time to appear and defend it; and if the defendant be a corporation, this notice may be given to the president or other chief officer thereof. II. Of the proceedings in the cause. notice to be See amendment 4 Sm. 332. 10. It shall be the duty of the plaintiff, either by himself, his agent or attorney, 21 March 1806 § 12. to file (x) in the office of the prothonotary of the proper county, on or before the first day of the term, to which the process issued is returnable, a description (y) Description to be of the land, together with the number of acres, which he claims and declares that filed. the title is in him. And the defendant shall enter his defence (if any he hath) When defendant to for the whole or any part thereof,(z) before the next term,(a) and thereupon issue shall be joined. (") There must also, under the act 13 April 1858, infra 9, be proof of notice in fact to the vendee. Haslett v. Foster, 46 P. S. 471. Roberts v. Orr, 56 Ibid. 176. (w) See Roberts v. Orr, 56 P. S. 176. (2) If the præcipe contain a sufficient description of the land, it is not necessary to file another. Cahill v. Benn, 6 Binn. 99. (y) It is sufficient, to mention the county and township, the number of acres, and the name or names of the persons who own the adjoining lands. Hawn v. Norris, 4 Binn. 77. And see Cahill v. Benn, 6 Ibid. 101-2. Thomas v. Culp, 4 S. & R. 271. Lyons v. Miller, Ibid. 279. Fisher v. Larick, 7 Ibid. 99. Tryon v. Carlin, 5 W. 371. Magill v. Swearingen, 10 P. S. 497. If the description be defective, another may be filed, by leave of court. Sample v. Robb, 16 appear. P. S. 305. If, however, the writ be indescriptive, except by adjoiners, and the verdict be general for the land described in the writ, the finding will be too vague to sustain a judgment. Hunt v. McFarland, 38 P. S. 69. To ascertain the boundaries of the land sued for, the præcipe must receive the same construction as a deed calling for adjoiners. Brandon v. Fritz, 94 P. S. 88. (z) Under the plea of "not guilty," the defendant can take defence as to the whole or any part of the land. Zeigler v. Fisher, 3 P. S. 367. McCanna v. Johnston, 19 Ibid. 438. Bratton v. Mitchell, 5 W. 70. And upon that issue, he may show that he is only in possession of so much as he is rightly entitled to, and disprove possession as to the residue, so as to entitle himself to a general verdict. Bronson v. Lane, 91 P. S. 153. Where ejectment is brought for distinct |