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P. L. 66.

2 May 1889 § 16. and direct such sale to be made as aforesaid, and shall further order an account thereof to be duly returned to the court. And upon return of said sale the court may order and direct such compensation as it may deem proper, to be paid to the person or persons effecting the same, and shall also order and direct all the expenses of said sale to be deducted from said proceeds, and shall thereupon further order and direct the residue of said proceeds to be paid to the escheator, upon the receipt from him of an acquittance and a discharge therefor.

Ibid. § 17.

Order to sell.

21. At the expiration of thirty days from and after the filing of the final finding Sale of real estate, or adjudication in escheat, or the absolute confirmation of the same, the escheator may apply by petition to the court having jurisdiction of the proceedings in escheat, for an order directing the sale of all real estate found to have escheated, situate in the county where the escheat proceedings have been instituted, and the said court shall thereupon, if no valid cause be shown to the contrary, order and direct the administrator or executor of the person who has died last seised or possessed of said real estate, or the receiver or other officer or trustee, or person acting in a fiduciary capacity, having possession of the same; or if for any reason they cannot act, then some other proper person or persons to sell said real estate, in such manner and form and upon such advertisement as the court shall direct, and to execute and deliver a good and sufficient deed or deeds to the purchaser thereof: Provided, however, That no sale or sales shall be ordered or made under the provisions of this act in any case, until security, to be approved by the court, shall be duly entered by the person or persons, ordered and directed to make such sale, in at least double the value of the real estate proposed to be sold, conditioned for the faithful application of the purchase-money according to the decree of the court; which security shall inure to the benefit of all parties interested; and such security being so given, no purchaser of said real estate shall be bound to see to the application of said purchase-money.

Security.

Ibid. § 18.

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Title of purchaser.

Effect of sale on incumbrances.

Ibid.

Application of purchase money.

Ibid. § 19.

Proceedings when real estate is situ

ate in another county.

Adjudication to be filed.

Ibid. § 20.

22. The title acquired by all purchasers of real estate, sold under and by virtue of the provisions of this act, shall be absolute and indefeasible for all such estate or estates as shall have been found to have escheated to the commonwealth. And the sales shall have like effect as to the discharge of mortgages, judgments, liens or other incumbrances upon the said real estate, as sales made by decree of any of the several orphans' courts of this commonwealth for the discharge of the debts of decedents, now have, or may hereafter have, in the several counties of this commonwealth under existing laws.

23. And it shall be the duty of the court to decree the proper application of the purchase-money of said property, with the aid of an auditor when deemed necessary, to the discharge of the various mortgages, judgments, liens or other incumbrances upon said real estate. And the said court shall further order and decree that the residue of the proceeds of the said real estate, after the payment of all expenses of sale, and the payment and discharge of said mortgages, judg ments, liens and incumbrances thereon, shall be forthwith paid to the escheator upon the receipt from him of an acquittance and discharge therefor.

24. Whenever any real estate, found to have escheated, shall or may be situate in any other county than that in which the proceedings in escheat shall have been instituted, the escheator may apply, by petition, to the court of common pleas of said county, for an order directing the sale of the property aforesaid, and the said court shall thereupon proceed in the premises in like manner and form as is hereinbefore provided relative to sales of real estate by order of the court having original jurisdiction in escheat proceedings, and said sales shall be made by the same person or persons upon the entry of like security, in like manner and form, and with the same force and effect, and the like proceedings shall be had touching the distribution of the proceeds of said sales: Provided, nevertheless, That no court other than that in which the proceedings in escheat have been originally instituted, shall have power to make any order touching the sale of escheated real estate, until a duly certified copy of the final finding or adjudication of escheat is filed therein.

25. No sale of escheated real estate, under the provisions of this act, shall be deemed or taken to invalidate any title previously acquired thereto under a sale invalidate tax title. thereof for unpaid taxes, or to authorize the purchaser to redeem said real estate in such case.

Such sale not to

Ibid. § 21.

Escheator to pay into state treas

ury moneys received.

Ibid. § 22.

Persons not having

had notice, may

traverse adjudica

tion within three years.

26. The escheator shall, immediately after the receipt by him of any moneys escheated to the commonwealth, or the proceeds of any property, real or personal, escheated to the commonwealth, account for and pay over into the state treasury, the full amount received by him as aforesaid.

27. Any person or persons interested, or claiming to be interested, in any property, real or personal, which shall be found to have escheated to the commonwealth, who have had no actual notice by citation, advertisement or otherwise of the pendency of any proceedings in escheat, prior to the conclusion of the audit of the account of the person having the escheated property in his possession, and who shall not have subsequently appeared either in person or by attorney in said escheat proceedings, may at any time within three years next

after the filing of the final adjudication or finding in escheat, or the absolute 2 May 1889 § 22. confirmation thereof, traverse the same under oath or affirmation, by writing P. L. 66. filed in the court finding the same, setting forth his, her or their interest in said Traverse to be property, and in what particular said finding or adjudication is not true and cor- tried in the comrect, which said traverse shall be tried in the court of common pleas of the same mon pleas. county in which the original proceedings have been instituted, or where the proceedings have been instituted in the supreme court, in the court of common pleas of such county as said supreme court may designate. And where said escheat proceedings have not been instituted in the court of common pleas, the courts wherein they have been instituted shall certify the finding or adjudication of escheat and the traverse thereof, to the proper court of common pleas for trial. And said traverse shall be tried in like manner and form, and with like effect, as traverses of inquisitions in escheat have been heretofore commonly tried under existing laws. And a writ of error shall lie in such case to the Writ of error. supreme court at the suit of any traverser or of the commonwealth.

Ibid.

Final determina

Finding that property has not escheated.

28. And upon the determination of such traverse, the court trying the same shall, if necessary, certify the final result thereof to the court in which the original proceedings have been instituted, and in case upon the trial of said traverse, to be it shall be found that the property in question or any part thereof had not remitted. escheated, and that the person or persons filing said traverse are entitled to the same, or any part thereof, then and in such case, said person or persons shall be entitled to receive and to have delivered to them, possession of all such property, real or personal, as shall not have been sold or paid into the treasury of the commonwealth; and in case the same has been sold or paid into the treasury of the commonwealth, to receive back again from the commonwealth such sum Return of or sums of money, as may have been realized from the sale or payment thereof, property. after deducting all expenses, or a proportionable part of said sum or sums, according as his or their interest shall be made to appear: Provided, nevertheless, Limitation where That if at the time of the institution of the proceedings in escheat as aforesaid, persons interested any person having any claim to any of the property, real or personal, found to minors. have escheated, shall be insane or a minor, then and in such case, said person, whether he has had actual notice of the pendency of the proceedings in escheat or not, may, if he has not appeared in said proceedings by his committee or guardian or by the attorney of such committee or guardian, at any time within three years after recovering his sound mind and memory, or attaining full age, as the case may be, traverse the said finding or adjudication of escheat, in like manner and form and with like force and effect as is herein before provided.

29. The various courts of this commonwealth having jurisdiction in escheat proceedings, shall have full power and authority to enforce all orders and decrees made by them therein, by attachment or other proper process as the case may require.

are insane or

Ibid. § 28.

Orders and deforced by attach

crees may be en

ment.

Ibid. § 24.

30. Any person who shall first inform the auditor-general by writing, signed by such person in the presence of two subscribing witnesses, that any escheat hath Informant to reoccurred by reason of the fact that any person hath died intestate without heirs or ceive one-third. known kindred, a widow or surviving husband, and who shall procure necessary evidence to substantiate the fact of said escheat, and shall prosecute the right of the commonwealth to the property escheated with effect, shall be entitled to onethird part of the price which such property, real or personal, shall produce, after all costs of prosecution and charges of sale are deducted therefrom: Provided, nevertheless, That before such third part be paid to said person or his representative, he, she or they shall give bonds to the commonwealth with sufficient security, Bond to refund. to be approved by the auditor-general, conditioned to refund the same, or any part thereof, as may be, if any claimant to the estate upon which such one-third shall become payable, appear within the time herein before limited touching said estate and traverse the finding or adjudication of escheat and establish the title to the property, real or personal, found to have escheated as aforesaid.

Ibid. § 25.

reward.

31. In all cases of dispute, where two or more persons shall claim the reward allowed by the preceding section of this act, in consequence of information given Proceeding in case to the auditor-general of an escheat, it shall and may be lawful for such person two or more peior persons, or either of them, to petition the court having jurisdiction of the sons claim the escheat proceedings, stating the facts, whereupon the said court may proceed to determine the matter of dispute, and if the case require it, may direct an issue to be framed between the parties to try their right to the reward aforesaid, which shall be paid according to the final determination of said court, or of said issue, as the case may be.

Ibid. § 26.

wealth to be

32. Whensoever any property hath escheated or shall escheat to the commonwealth by reason of the death of the owner last seised or possessed thereof, intestate without heirs or known kindred, a widow or surviving husband, and there The commonhave been no proceedings had, as and for an escheat, for the period of twenty-one barred after years after the decease of the said owner, the commonwealth shall thereafter for- twenty-one years. ever be debarred from claiming the same as escheated, and that whether such period hath already elapsed, or whensoever hereafter it shall have fully elapsed.

2 May 1889 § 27. P. L. 66.

Fees.

Repealing clause.

4 June 1885 § 1.

P. L. 73.

Escheated deposits

to be refunded.

See amendment
25 June 1895,
P. L. 283,
Supp. 2571.

Ibid. § 2.

33. The fees in cases of escheat shall be as follows: To the escheator five per centum on all moneys paid into the state treasury from the sales of escheated property, together with all expenses incurred by him for, in and about the prosecution of the escheat, and the performance of the duties imposed upon him by this act. And the fees of the prothonotaries and the clerks of the several courts, and the sheriffs and witnesses, shall be the same which they are entitled to receive for similar services in the same court. The above fees and expenses shall be paid out of the state treasury by a warrant from the auditor-general in the customary

manner.

34. All acts or parts thereof or supplements thereto, relative to escheats, inconsistent with or supplied by the provisions of this act, be and the same are hereby repealed.

II. Escheated deposits.

35. Whenever any banking institution shall have escheated any deposit therein to the commonwealth, under the act of assembly approved on the sixth day of March, one thousand eight hundred and forty-seven, entitled "An act requiring banks and other corporations to give notice of unclaimed dividends, deposits and balances in certain cases,"() and the proceeds thereof is in the state treasury in money, the same shall be refunded to such person, upon his producing to the governor, auditor-general, state treasurer and attorney-general satisfactory proof that he is the person whose money has been so escheated.

36. The money so escheated shall be paid by warrant of the auditor-general, How money to be on the state treasurer, out of any money in the state treasury not otherwise appropriated.

paid.

29 Sept. 1787 § 2. 2 Sm. 431.

taint.

Court to issue commission to escheator.

Inquisition.
Traverse.

Sale of property.

III. Forfeiture upon attaint.

37. The proceedings in cases of escheats of lands, and goods and chattels, which shall hereafter accrue to the commonwealth by forfeiture upon attaint, shall comProceedings on at- mence by the issuing of a commission out of the [supreme court, to the escheatorgeneral] directed, commanding him to inquire concerning the same; whereupon the same escheator shall send forth his precept to the sheriff or coroner, who thereupon shall hold an inquest, and return the inquisition, lease, sell and dispose of the personal estate, if any, and the money arising from the same escheats; and [the supreme court] shall allow of traverses and claims (if made under the limitations hereinbefore provided) to such forfeited property, and decide upon the same, direct the sale of real estate, and give relief to those whose traverses shall succeed, and whose claims be allowed, and [the president in council] shall give a deed for any real estate so sold as aforesaid in like manner and to similar effect, as in the cases Claims of creditors. of escheats for defect of heirs; and all creditors of any attainted person, who have or shall have a demand of debt, or other demand of a pecuniary nature, upon the estates which were of such offenders respectively, shall be satisfied out of the estate, Insolvent estates. personal and real, of the debtors severally; but in case any such estate prove insolvent, the demands aforesaid made upon it, within one year from the attainder of the offender, shall be paid in an equal and proportionable manner, according to the quantity of the demands, whether the same be yet due and payable, or payable Jurisdiction of the thereafter; and the justices [of the supreme court.] or any two of them, shall hear and determine upon all and any claims, as last aforesaid, in a summary manner as to equity shall appertain, and the widow, child, children and kindred of the offenders, shall be awarded their respective legal demands upon the estate, which he or she shall forfeit as aforesaid, in like summary manner, upon petition to the justices [of the supreme court,] made within two years after the attainder of the forfeiting persons respectively, but not afterwards, by the person or persons who shall be Informer not to be entitled to the same: Provided, That no person shall have any share or part of any entitled to any estate which shall be escheated by attainder, for discovering the same [to the presiward be offered by dent or vice-president in council, unless the president or vice-president in council.] proclamation. by proclamation, think fit to offer a reward for such discovery, which reward shall not exceed one-half of the moneys arising from the same, after all charges and costs be deducted, nor unless the person discovering the same, procure the necessary evidence to substantiate the title of the commonwealth thereto, and prosecute the right of the commonwealth to the same with effect.

court.

share, unless re

6 April 1833 § 1. P. L. 167.

Lands purchased by corporations without license to be forfeited.

IV. Escheat of lands held by corporations.

38. Whereas, it is contrary to the laws and policy of the state, for any corporation to prevent or impede the circulation of landed property from man to man, without a license from the commonwealth, and no corporation either of this state or of any other state, though lawfully incorporated or constituted, can in any case

(1) See "Banks; " "Insurance;" "Savings Banks." This act is limited to the escheat of deposits in banking institutions; escheated corporation dividends not claimed by the person whose

money has been escheated, but by his legal representatives, cannot be refunded out of the state treasury. Bull's Estate, 11 C. C. 441.

P. L. 167.

purchase lands within this state, either in its corporate name, or names of any 6 April 1833 § 1. person or persons whomsoever for its use, directly or indirectly, without incurring the forfeiture of said lands to this commonwealth, unless said purchase be sanctioned and authorized by an act of the legislature thereof, but every such corporation, its feoffee or feoffees, hold and retain the same, (m) subject to be divested or dispossessed, at any time, by the commonwealth, according to due course of law: And whereas, it is understood that lands are now held in this commonwealth, by trustees or feoffees, to the use of corporations, granted by the laws of other states of the Union: And whereas, it is due to the character of this commonwealth, as an independent state, to prevent unlawful encroachments of its power and authority, and to maintain and preserve inviolate, for the advantage and good of the people, all her just prerogative, and to assert her right to all lands which have been or may be forfeited, in manner aforesaid, as well in case of land held, directly or indirectly, by any company incorporated by this state, or of any company incorporated by another state, if any such there are, or which may hereafter exist, as also to institute and prosecute to effect such proceedings, for establishing her title and authenticating her right, by solemn matter of record, to said forfeiture or escheated lands, and for recovering possession thereof and seizing the same into the hands of the commonwealth, as may be lawful, and at such time or times as the said commonwealth may deem expedient and proper.

Ibid.

39. As often as information shall be given to the auditor-general that any lands within this commonwealth have been alienated to, or purchased by any incor- Proceedings to be porated company, in its corporate capacity, or in the name of trustees or feoffees, had, as in case of for its use, without the license of the commonwealth, or have come into their an escheat. possession by any manner or device whatever, the said auditor-general shall proceed to appoint a deputy-escheator, in the county where the lands are situated, who shall forthwith hold an inquest, in the same manner and form as is prescribed by existing laws relative to escheats, and shall make report thereof, as directed by said laws; and the said deputy-escheator and all other officers and persons concerned shall have like powers, be entitled to like fees, and be subject to the same restrictions and liabilities, as is provided in the case of the escheat of the lands of an individual, for the want of heirs or known kindred.

Ibid. § 4.

40. So much of any provision of the act entitled "An act to declare and regulate escheats," and its supplements, as provide for a reward to informers of an Informers not to escheat, shall not apply to any proceedings under the provision of this act, so as be entitled to reto entitle any informer to such reward, but it shall be the duty of the escheator ward. to procure the necessary evidence to substantiate the title of the commonwealth, and to prosecute the right of the commonwealth; who shall receive for his services the fees and compensation provided for by the several sections of said act and its supplements.

Ibid. § 5.

41. The auditor-general shall make return of the proceedings in every case where an inquisition shall be found and returned as aforesaid to the governor, to Return of proceedbe filed in the office of the secretary of the commonwealth; all which matters and ings to be made by things shall be laid by the governor before the legislature. auditor-general.

P. L. 331.

Proceedings by

42. All property hereafter acquired and held by persons, corporations or asso- 26 April 1855 § 9. ciations, forbidden by this act to hold the same, or held contrary to the intent of this act, and all such hereafter acquired and held beyond the limit prescribed as Property aliened aforesaid by this act, (n) shall escheat to this commonwealth, and upon the same in mortmain to being adjudged to have escheated, under proceedings in court, by quo warranto, in all escheat. respects as is provided by law in the case of the usurpation of any corporate quo warranto. 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 in cases of property escheated for defect of heirs: Provided, That no property Proviso. 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 Legislature may relieve, upon such terms as may be deemed just and for the public good, from any relieve on terms. 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.

Ibid. § 14.

43. 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, Duties of auditorto 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 To file bill of dissuch time, or the same be unsatisfactory to him, it shall be further his duty to covery.

(m) See Runyan v. Coster, 14 Pet. 122. Leazure v. Hillegas, 7 S. & R. 313.

(n) See tit. "Charities" and "Religious Societies. Before there can be an escheat, it must appear

that the company holds title in its corporate name, or by or through a trustee. The penalty is removed by the act 8 April, 1881, P. L. 9. Commonwealth v. Railroad Co., 132 P. S. 591. See tit. "Aliens."

26 April 1855 § 14. cause to be filed a bill of discovery in the supreme court, or in any court of the

P. L. 831.

Const. art. xvi. § 6.

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.

V. Power of domestic corporations to hold lands.

44. No corporation shall engage in any business other than that expressly authorized in its charter; nor shall it take or hold any real estate, except such as may Only to hold necessary real estate. be necessary and proper for its legitimate business. 29 April 1874 § 1. P. L. 73.

45. Corporations may be formed under the provisions of this act by the voluntary association of five or more persons, for the purposes and in the manner mentioned herein, and when so formed, each of them by virtue of its existence as such, shall formed under the have the following powers, unless otherwise specially provided: * ** To

Corporations

act of 1874.

29 April 1874 § 2.

P. L. 73.

26 April 1856 § 5. P. L. 329.

Foreign govern

tions disabled from

hold, purchase and transfer such real and personal property as the purposes of the corporation require, not exceeding the amount limited by its charter or by-law. 46. Each of said corporations (o) may hold real estate to an amount, the clear yearly value or income whereof shall not exceed twenty thousand dollars.

VI. Power of foreign corporations to hold lands.

47. No corporation other than such as shall have been incorporated under the laws of this state, nor shall any foreign government, potentate or power, hereafter acquire and hold any real estate within this commonwealth directly, in the corpoments or corpora- rate name, or by or through any trustee or other device whatsoever, unless specially holding real estate, authorized to hold such property by the laws of this commonwealth: Provided, Residence of mem- That the residence without the limits of this state of a portion of the members of bers abroad not to any religious, literary, charitable or beneficial society or association otherwise qualincapacitate. ified to hold real or personal estate within this state, shall not incapacitate such society or association from taking and holding such property, not exceeding the value limited by law.

2 June 1877 § 1. P. L. 302.

Property of corpocheat by reason of

ration not to es

non-residence of stockholders. Not because of beneficial ownership.

Ibid. § 2.

48. No real or personal property, the title to which is or may be held by or in the name of any corporation of this state, authorized by its charter or general law to hold the same, shall be escheated to the commonwealth, nor shall, in any judicial proceeding, any inference of any relation of trust or agency arise by reason of the character or residence of the shareholders holding the whole or part of the capital stock of such corporation, nor because the beneficial ownership of such property, in whole or in part, is or has been in any person or persons, corporation or corporations, prohibited from holding the same.

49. Said lands and property shall again become liable to escheat to this commonMay be escheated wealth, as already provided by law, if the said corporation shall continue to hold if held more than said lands and property exceeding five years after the passage of this act, and an five years after act. information in the nature of a quo warranto or other proper proceeding, shall be filed or brought by this commonwealth to escheat the same.

Ibid.

XVII. of the constitution.

50. No railroad, canal or other transportation company of this state, nor any To first accept the corporation in whose name the title to other lands or property is held, shall plead provisions of article or have the benefit of this act, unless it shall have previously filed with the secretary of the commonwealth a certificate in writing, signed by the president and secretary and attested by the corporate seal of the company, stating that, at a regular or special meeting of said board of directors, a resolution, in pursuance to the consent of the stockholders, was adopted, accepting all the provisions of the seventeenth article of the constitution of the state, and that all the powers of and privileges and the limitations, and restrictions mentioned therein, shall be deemed and taken for Stockholders must all purposes to apply to said corporation. No such certificates shall be made by the officers aforesaid, without the consent of the stockholders of the corporation, at a general or special meeting first had and obtained: Provided further, That no railroad, canal or other transportation company shall plead or have the benefit of this act, unless it shall have previously filed with the secretary of state its acceptance of all the provisions of article seventeen of the constitution of this state, in manner and form as provided by law.

consent.

23 May 1887 § 1. P. L. 176.

Foreign corpora

tions may purchase at judicial sales.

Not to be held longer than ten years.

51. Any corporation incorporated and existing under the laws of any other state of the United States, and doing business in this state, and having therein one or more known places of business and an authorized agent or agents, upon whom process may be served, is hereby authorized and empowered to purchase, in its corporate name, at any sheriff's or other judicial sale, any real estate upon which such corporation may have or hold any mortgage, judgment or lien, and to hold, lease or sell and convey the same at pleasure to any person or persons, corporation or corporations, whatsoever: Provided, however, That any real estate so purchased as aforesaid, shall be sold and conveyed within ten years from the date of such purchase.

(0) Corporations of the first class formed under the act 29 April 1874, P. L. 73.

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