19 May 1874 § 1. P. L. 219.

made by the defendant, and a bill thereof shall be sealed, in the same manner as is provided and practised in civil cases; and the accused, after conviction and sentence, may remove the indictment, record and all proceedings to the supreme Bills of exception court.(h) In capital offences a writ of error or certiorari shall stay execution of in criminal cases. sentence; in all other cases, such writs shall not stay or delay execution of sen- Stay of execution. tence or judgment, without the special order of the supreme court or a justice thereof for that purpose; and in case of such order, the said supreme court or justice may make such order as the case requires, for the custody of the defendant, or for admission to bail. In all other criminal cases, exceptions, as aforesaid, may be taken, and in cases charging the offence of nuisance or forcible entry and detainer, or forcible detainer, exceptions to any decision or ruling of the court may also be taken by the commonwealth; and writs of error and certiorari, as Writs of error and herein before provided, may be issued from the supreme court to all criminal certiorari. courts, when specially allowed by the supreme court or any judge thereof.

47. In all cases of murder and voluntary manslaughter, a writ of error from the supreme court to the court trying the same shall be of right, and may be sued out upon the oath of the defendants or defendant, as in civil cases.

48. No writ of error or certiorari, in capital offences, shall be issued from the supreme court to any court of oyer and terminer and general jail delivery to remove the indictment, record and proceedings to the supreme court for review, after twenty days from sentence, unless specially allowed by the supreme court or a judge thereof.

15 Feb. 1870 § 1. P. L. 15.

Error to be of right

in cases of homicide.

24 March 1877 § 1. P. L. 40.

No writ of error to issue in capital

cases, after twenty days, unless spe49. In all cases of murder in the first degree, removed into the supreme court cially allowed. under the provisions of the first section of this act, or now pending in the said 15 Feb. 1870 § 2. P. L. 15. court, it shall be the duty of the judges thereof to review both the law and the evidence, and to determine whether the ingredients necessary to constitute mur- determine the Supreme court to der in the first degree shall have been proved to exist; (i) and if not so proved, grade of murder. then to reverse the judgment and send the same back for a new trial, or to enter such judgment as the laws of this commonwealth require.

ESCAPE.

See CRIMES; OUTLAWRY.

(h) See Hutchison v. Commonwealth, 82 P. S. 472. Commonwealth v. Ferguson, 32 L. I. 127. This act does not authorize a review of matters which had theretofore rested solely in the discretion of the court below. Alexander v. Čommonwealth, 105 P. S. 1.

(i) This does not empower the court to review the question of the guilt or innocence of the prisoner. Grant v. Commonwealth, 71 P. S. 495. Stump v. Commonwealth, 74 Ibid. 458. See McCue v. Commonwealth, 78 Ibid. 185. Meyers v. Commonwealth, 83 Ibid. 131.

ESCHEATS.

See ALIENS; BANKS; CHARITIES; INSURANCE; INTESTATES; Savings Banks.

I. DEATH WITHOUT HEIRS OR OWNERSHIP IV. ESCHEAT OF LANDS HELD BY CORPORAUNKNOWN FOR SEVEN YEARS.

I. Death without heirs or ownership unknown for seven years.

1. From after the publication of this act,(k) if any person, who at the time of his death was seised or possessed of any real or personal estate within this com

2 May 1889 § 1. P. L. 66.

monwealth, has died or shall die intestate, without heirs or known kindred, a widow or surviving husband, such estate, of whatsoever kind the same may be, whether legal or equitable, or whether the same was held by the said person in what estates shall severalty or as tenant in common, co-tenant, joint tenant or in partnership with escheat. any other person or persons, shall escheat to the commonwealth, subject to all legal demands on the same.

Ibid. § 2.

2. Whensoever any money, estate or effects, shall have been, or shall hereafter be paid into, or deposited in the custody of any court of this commonwealth, or shall be in the custody of any depository, or of any receiver or other officer of said tody of court, and Property in cuscourt, and the rightful owner or owners thereof shall have been or shall be un- owner unknown known for the space of seven years, the same shall escheat to the commonwealth, subject to all legal demands on the same.

for seven years.

Ibid. § 8.

unknown for

3. Whensoever any trustee or other person is or shall be seised of any property or estate, real or personal, in a fiduciary capacity, and shall file an account of the same in any court of this commonwealth, and whensoever it shall appear that the Cestui que trust cestui que trust or beneficial owner of said property or effects, or any part thereof, seven years. has been unknown for a period of seven years, and still remains unknown, then and in such case so much of said property or effects as belonged to said unknown cestui que trust, or beneficial owner, shall escheat to the commonwealth, subject to all legal demands on the same.

2 May 1889 § 4.

escheator.

4. Whensoever, by information or otherwise, the auditor-general of the commonwealth shall become aware of the fact that any property, real or personal, hath P. L. 66. escheated or is supposed to have escheated to the commonwealth under the pro- Auditor-general visions of this act, he shall appoint, by commission under his hand and the seal of to appoint an his office, some suitable person, resident in the county where he shall have reason to suppose that the escheated property or the greater part thereof is situate, to act as escheator of said property; which said escheator shall have the powers and duties, and shall be entitled to the fees and rewards, hereafter nominated and specified in this act.

Ibid. § 5.

Jurisdiction of

5. The jurisdiction in all cases of escheat under the provisions of this act, shall be vested in the courts of this commonwealth, as follows, namely: Whenever an escheat shall occur or be supposed to occur by reason of any person dying intestate, the orphans' without heirs or known kindred, a widow or surviving husband, the orphans' court court. of the county wherein said decedent was resident at the time of his death, or in case said decedent was not at the time of his death resident within this common- If a non-resident. wealth, then the orphans' court of the county in which the greater part of his property, real and personal, shall be situate, shall have jurisdiction.

Ibid.

Jurisdiction of

6. Whenever an escheat shall occur, or be supposed to occur, of any property, estate or effects deposited in the custody of any court, or with any depository, receiver or other officer thereof, the owner whereof shall be unknown, and when- court having ever any escheat shall occur or be supposed to occur of any property, estate or custody of the effects held by any trustee or other person in a fiduciary capacity, who shall have property. filed an account thereof in any court of this commonwealth, by reason of the fact that the cestui que trust or beneficial owner thereof shall be unknown, then and in such case, the court in which, or in the custody of any depository, receiver or other officer of which, said property, estate or effects may have been or shall be deposited, whether the same be real or personal, or in which said account has been or may be duly filed, shall have jurisdiction.

Ibid. § 6.

7. Whensoever any escheator shall be duly commissioned by the auditor-general, of and concerning any property, real or personal, escheated or supposed to have Escheator to escheated by reason of the fact that the person who was last seised or possessed of apply for letters of the same, has died intestate, without heirs or known kindred, a widow or surviving administration. ૧ husband, and no letters of administration have been granted upon the estate of the said decedent, it shall be the duty of the said escheator to apply to the register of wills of the county wherein the said decedent was resident at the time of his death, or in case the said decedent was at the time of his death resident within this commonwealth, to the register of wills of the county in which the greater part of the property escheated or supposed to have escheated is or may be situate, for a grant of letters of administration to him the said escheator upon the estate of the said decedent. And the said register of wills shall, if no next of kin or creditor Duty of register. of said decedent entitled under existing laws to letters of administration shall appear and demand such letters, forthwith grant the same to said escheator, in like manner and form as letters of administration are now granted by existing laws, and said escheator shall be entitled in such case to letters of administration, even though said decedent was not at the time of his death possessed of any personal property, but was seised of real estate only, situate within this commonwealth. 8. Whensoever any escheator shall be duly commissioned by the auditor-general of and concerning any property, real or personal, escheated or supposed to have escheated to the commonwealth under the provisions of this act, he shall apply by petition to the court having jurisdiction in the premises, to hear and determine whether an escheat has occurred or not, and shall, in his petition, set forth the facts of his appointment, and the nature and character of the alleged escheat, and shall also state as far as he conveniently can, the location, character and amount

Ibid. § 7.

Escheator to file petition.

2 May 1889 § 7.

P. L. 66.

Citation to custodian of property.

Account.

Ibid.

scription of real

estate.

of the property, real and personal, alleged to have escheated, together with the name and address of the person or persons having the same in his or their possession; whereupon, the said court shall have power to issue a summons or citation, directed to any administrator or executor, depository of the court, receiver or other officer of the court, to show cause, if any they have, why they should not file - a true and accurate account of all and singular, the said property alleged to have escheated as aforesaid, and if upon sufficient proof by oath or affirmation of the service of said summons or citation, no good and valid cause be shown to the contrary, the said court shall proceed to direct said administrator or executor, depository of the court, receiver or other officer of the court, to file said account.

9. And in all cases where any real estate has escheated, or is supposed to have Statement and de- escheated, by reason of the death of the person last seised thereof without heirs or known kindred, the said court shall have power to order the administrator or executor of said person to file a true and accurate statement of all the real estate whereof said decedent died seised, describing the same by metes and bounds, together with the buildings and improvements thereon erected, as far as he has been able to ascertain the same. And whensoever it shall appear by the account of any executor or administrator, or any receiver or other officer of the court, or any trustee or other person in a fiduciary capacity, or upon the audit of any such account, that the said receiver or other officer, trustee or other person has in his possession, or has any knowledge of the existence of any real estate which shall have escheated or is supposed to have escheated to the commonwealth, the said court shall have power to order and direct the said administrator or executor, receiver or other officer, trustee or other person filing an account as aforesaid, to file a true and accurate statement of all said real estate, describing the same as aforesaid, so far as he has been or shall be able to ascertain the same; and any and all accounts and statements filed under the provisions of this act, shall be verified by oath or affirmation in the customary manner.

Ibid. § 8.

Court may audit and adjudicate such account or statement.

And determine question of escheat.

Ibid.

In cases of real estate.

Notice by advertisement.

Ibid. § 9. Issue in case of dispute.

10. Whensoever any proceedings in escheat have been instituted as aforesaid, the court having jurisdiction in the premises shall, upon the filing of any account or statement by any administrator, executor, depository of the court, receiver or other officer of the court, or of any trustee or other person in a fiduciary capac ity, of any property or estate real or personal, escheated or supposed to be escheated, proceed to the audit and adjudication of said account or statement in the same manner as the said court commonly proceeds upon the audit and adjudication of the accounts of executors, administrators and trustees; and shall upon said audit, proceed to inquire and determine whether there has been any escheat or not, and if so, in what manner and for what cause said escheat has occurred, and also what estate, real or personal, has escheated, and what is the value thereof. 11. And the said court shall, in all cases where any real estate has escheated or is alleged to have escheated, before proceeding finally to hear and determine the question of escheat, order and direct notice of said proceedings to be served upon the person or persons in possession of said real estate, in such form as the court shall direct, and the said court shall have full power and authority to summon any person or persons who shall be at any time alleged to have any knowledge touching any escheat or any interest therein, to appear before it, and said court shall have full power and authority to examine any and all of said persons upon their oaths or affirmations, as to any fact or facts, matter or thing touching said escheat, and shall suffer and permit the escheator and all parties claiming to have any interest in said proceedings, to appear therein by counsel or otherwise, and to produce and examine such witnesses under oath or affirmation, as they may see fit, touching said escheat, and the said court shall have full power at any stage of said proceedings, when they may think it wise so to do, to make such orders relative to advertisements and notices of the proceedings, as shall best serve to inform and advise all parties having an interest, or who may have an interest in said proceedings, of the pendency thereof.

12. Whenever any proceedings in escheat shall have been instituted or shall be pending in any court of this commonwealth, and there shall be any disputed fact or facts touching said escheat, then and in that case, the said court shall, upon application of the escheator, or any other person interested or claiming to be interested in the said proceedings, prior to the filing of a finding or adjudication therein, frame an issue or issues to determine said disputed question or questions of facts; which said issue or issues shall be tried in the court of common pleas of the same county in which the proceedings in escheat shall have been instituted, and shall, if necessary, be certified to said court for that purpose. In cases where escheat proceedings are instituted in the supreme court, such issue or issues shall be certified to, and shall be tried by, the court of common pleas of such Exceptions upon county as the supreme court shall designate. Any party to said issue may, upon the trial thereof, except to the ruling of the court upon any point of evidence or of law, which exception shall be noted by the court and filed of record in the cause; and a writ of error to the supreme court may thereupon be taken by any party to said issue, with the usual force and effect. And after the determination of such issue, the court of common pleas in which the same shall have been tried, shall

the trial.

Writ of error.

certify the result thereof to the court in which the said proceedings in escheat have been instituted.

13. Every court having jurisdiction in cases of escheat shall, after the determination of each and every case, file of record a finding or adjudication which shall set forth:

First. Whether an escheat hath occurred or not.

Second. In what manner and for what cause the said escheat hath occurred, with the full name of the intestate, if any there be, or of the person who was last seised or possessed of the property in question.

Third. What estate, real or personal, hath escheated, and what is the value thereof.

Fourth. Where said estate, real or personal, is situated, and in whose possession the same then is.

2 May 1889 § 9. P. L. 66.

Ibid. § 10.

Finding and adjudication.

And in case the said court shall find that any property, real or personal, hath Award to the escheated, the same shall be awarded to the escheator for and on behalf of the escheator. commonwealth.

Ibid. § 11.

Exceptions to

14. Whensoever any adjudication or finding in escheat shall have been filed by any court, exceptions may be filed thereto by the escheator or any other party or parties interested in said proceedings, within the same time, and in the same finding. manner, as exceptions are commonly filed in cases of accounts of administrators, executors and trustees, in the court having jurisdiction in the premises. And the court shall proceed to the hearing and determination of said exceptions, in the like manner as in the cases of exceptions to the accounts of administrators, executors and trustees as aforesaid; and if said exceptions are, after hearing, sustained in whole or in part, the court shall forthwith proceed to file an amended adjudication or finding, in accordance with its determination upon such exceptions. But if no such exceptions are filed within the time limited as aforesaid, then the adjudication or finding of escheat shall be deemed to be confirmed absolutely.

Ibid. § 12.

Appeal to

supreme court.

15. The commonwealth, or any person aggrieved or claiming to be aggrieved by a final adjudication or finding in escheat, may appeal from the same to the supreme court: Provided, That any party, other than the commonwealth, so appealing, shall give bond with sufficient security, to be approved by the court, conditioned to prose- Security by appelcute the appeal with effect, and to pay all costs that may be adjudged against him, lant within thirty and shall make oath or affirmation that the appeal is not intended for delay. No days. appeal shall be allowed unless the same shall be entered and security given within thirty days after the filing of the amended adjudication or finding, or the absolute confirmation of the original adjudication or finding by the court having jurisdic

tion in the premises. And in cases where said appeal shall be duly entered and Supersedeas. security given within the time above limited, no further proceeding shall be had touching the said escheat, until the same be determined by the supreme court, and the record be remitted therefrom.

modification.

16. If, upon any appeal to the supreme court, any portion or the whole of any Ibid. § 13. finding or adjudication of escheat shall be reversed or modified, the court in which said escheat proceedings have been instituted shall, immediately upon the remis- Reversal or sion of the record thereof by the supreme court, prepare and file a corrected adjudication or finding, in accordance with the determination of the supreme court upon said appeal.

Ibid. § 14.

17. From and immediately after the final determination of any escheat proceedings as aforesaid, the escheator shall file, in the court wherein said proceedings in Escheator to give escheat have been instituted, a bond to the commonwealth, with sufficient security bond to commonto be approved by the court, conditioned for the faithful performance by him of wealth. his duties as escheator, and also that he will faithfully account for and pay over to the state treasury, the proceeds of all property, real or personal, found to have escheated, which shall come into his possession as escheator.

18. From and immediately after the final determination of any escheat pro- Ibid. § 15. ceedings as aforesaid, the escheator shall cause a duly certified copy of the final adjudication or finding in escheat, under the seal of the court filing the same, to be Copy of final adjudication to be transmitted to the auditor-general, and shall also cause a copy thereof, duly certi- filed with the fied in like manner, to be filed in the court of common pleas of every county in auditor-general. which any of the real estate escheated is situate, other than the county in which In the common the proceedings in escheat have been instituted.

pleas.

.

Ibid. § 16.

19. At the expiration of thirty days from and after the filing of the final finding or adjudication in escheat, or the absolute confirmation of the same, the person or persons having in their possession any moneys found to have escheated After thirty days shall, forthwith, pay the same to the escheator, upon receiving from him an surrendered to acquittance and discharge therefor.

moneys to be

escheator.

Ibid.

Sale of other per

20. And if any person or persons shall have in their possession any personal property found to have escheated, other than moneys, the escheator may, forthwith, apply by petition to the court for an order directed to the person or sonal property. persons having the same in his possession, to sell and dispose of the same, in such manner and form and upon such advertisement as the court shall direct. And the court shall thereupon, if no valid cause be shown to the contrary, order