ADJOINING OWNERS. See EMINENT DOMAIN. ADJOURNMENTS. See JUSTICES' COURTS. 1. Non-attendance of justices not to work a discontinuance. 2. One judge may adjourn from day to day. 14 April 1834 § 62. P. L. 353. Ibid. § 63. ad One judge may journ from day to day. Ibid. § 64. When prothono the court. 4. Court may be adjourned to another place in case of contagious disease. 5. Or where court-house is destroyed or a special court held therein. 6. Notice to be given of adjournment. 1. No process, plea, suit, action or proceeding, in any of the courts of this commonwealth, shall at any time be discontinued or put without day, by reason of the non-attendance of the justices or judges of the said courts. 2. In case of the non-attendance of a competent number of judges, to hold any of the courts aforesaid, at the day and place appointed by law for holding the same; also, in case of the subsequent interruption of any court, by the sickness, death or absence of any of the said judges, or by any other cause, any judge shall have power to adjourn the court from day to day, until a quorum be present, or otherwise, as he shall deem expedient. 3. In case of the non-attendance of all the judges of any of the courts aforesaid, at the day and place appointed, it shall be the duty of the prothonotary, or clerk tary may adjourn of the said court, to adjourn the same, from day to day, till one of the judges thereof shall attend; or upon the order of either of the said judges, in such case transmitted to him in writing, to adjourn the same to a day by the said judges appointed, or without day. And in case of the inability or absence of such prothonotary or clerk, the service aforesaid shall be performed by the sheriff or coroner of the respective county. Ibid. § 65. Court may be ad journed to another place in case of prevalence of con tagious disease. Ibid. § 66. Or where courthouse is destroyed; or a special court held therein. Ibid. § 67. 4. If at the time appointed for holding any of the courts aforesaid, an infectious or contagious disease should prevail at or near the place of holding the same, the said court shall have power to adjourn, and to hold the term thereof at any other place within the respective county; and in case of the supreme court, sitting in banc, at any other place within the respective district. 5. Whenever the court-house, or place appointed by law for the holding of any of the courts aforesaid, shall at any time be unsafe, or shall have been destroyed; (or) when a [circuit court or] special court of common pleas shall be held during a term of the court of common pleas of any county, the said courts shall respectively have power to appoint some other convenient place in the neighborhood of such court-house, for the holding of the courts at that term. 6. Whenever any court shall be adjourned to another day or place, notice thereof Notice to be given shall be given, according to the discretion of the judge or judges of the said court; of adjournment. and all jurors, witnesses and other persons, bound by recognizances or otherwise to appear at the said court, shall take notice thereof, and appear at the day so assigned to them; and all writs, process, precepts, recognizances and other proceedings in the said court, or returnable thereto, shall be as good and effectual, to all intents and purposes, as if such court had been held at the time and place at which it was appointed to be holden. ADOPTION. See INFANTS. 1. Proceedings to adopt children. Who may consent. Rights. Inheritance. Effect 3. Adult may be adopted as an heir. 2. Deeds of adoption may be recorded. thereof. 19 May 1887. P. L. 125. 1. It shall be lawful for any person desirous of adopting any child(p) as his or her heir, or as one of his or her heirs, to present his or her petition to such court in the county where he or she may be resident, declaring such desire, and that he or (p) A temporary resident of the state may adopt a child under this act. Wolf's Appeal, 22 W. N. C. 93; Sankey's Case, 4 C. C. 624. A married woman may adopt a child, with the consent of her husband. For rest's Application, 3 Kulp 95. The court cannot annex any conditions to a decree of adoption. Ex parte Irvin, 7 W. N. C. 225. 19 May 1887. P. L. 125. she will perform all the duties of a parent to such child;(q) and such court, if satisfied that the welfare of such child will be promoted by such adoption, may, with the consent of the parents or surviving parent of such child, or if the father or Proceedings to mother from drunkenness, profligacy or other cause, shall have neglected or refused adopt. to provide for his or her child or children for the period of one year (r) or upwards, proven to the court, with the consent of the non-neglecting father or mother alone, Who may consent. or if none, of the next friend of such child, or of the guardians or overseers of the poor, or of such charitable institution as shall have supported such child for at least one year, decree that such child shall assume the name of the adopting parent, and have all the rights of a child and heir of such adopting parent, and be subject Rights. to the duties of such child, of which the record of the court shall be sufficient evidence:(s) Provided, That if such adopting parent shall have other children, the adopted shall share inheritance only as one of them, in case of intestacy, and he, Inheritance. she or they shall respectively inherit from and through each other,(t) as if all had been the lawful children of the same parent. (u) 2. In all cases heretofore, as well as hereafter, when the common-law form of 2 April 1872 § 2. adopting a child by deed has been practised or done, it shall be lawful, on proof P. L. 31. of due execution of the deed, to have the same recorded in the proper office for the Deeds of adoption recording of deeds, in the county where the adopting parent resides at the date of may be recorded. its execution; and a duly certified copy thereof shall be received in evidence, with Effect thereof. the same force and effect as the record of adoption would have in the mode provided in the act to which this is a supplement. (v) heir. 9 May 1889. P. L. 168. 3. It shall be lawful for any person desirous of adopting any adult person as his or her heir, or as one of his or her heirs, to present his or her petition to the court of common pleas of the county where he or she may be resident, declaring such Adult may be desire, and such court may, with the consent of such adult person whom it is pro- adopted as an posed to adopt, and of the parents or surviving parent of such adult person, if any, and with the consent also of the husband or wife of such adult person, if married, decree that such adult person shall have all the rights of a child and heir of such adopting parent, and be subject to the duties of such child. And such court may Name. also, if the adult person so adopted desire, decree that such adult person may assume and bear the name of the adopting parent aforesaid. And the record of the said court shall be sufficient evidence of such adoption and change of name: Pro- Intestacy. vided. That if such adopting parent shall have other children, the adopted shall share the inheritance only as one of them in case of intestacy, and he, she or they shall respectively inherit from and through each other as if all had been the lawful children of the same parent: Provided, further, That nothing contained in this act Collateral inhershall deprive the commonwealth of the right to collect collateral inheritance tax. 4. The fees to be received by the several prothonotaries of the courts of common pleas for filing petitions for the adoption of minors and entering the order of court thereon, shall be twenty-five cents for each petition so filed, and it shall be the Fees for filing petiduty of the prothonotary to furnish to the adopting parent a copy of the proceed- tions. ings certified under the seal of the court, for an additional fee of fifty cents for each copy so furnished. (q) The parents of an illegitimate child are within the purview of the act. Booth v. Van Allen, 7 Phila. 401. (r) The consent of a parent, prochein ami, guardian of the poor, or of some consanguineous relative, is essential, to render the decree valid. Booth v. Van Allen, 7 Phila. 401. The court cannot annex any conditions to a decree of adoption. Ex parte Irwin, 7 W. N. C. 225. (8) When a decree of adoption will be vacated. Ex parte Blair, 11 W. N. C. 239. Ex parte Theil, 14 Ibid. 422. (t) This gives an adopted child a capacity to inherit, but does not exempt him from the payment of the collateral inheritance tax. Commonwealth v. Nancrede, 32 P. S. 389. Packard's Appeal, 37 Leg. Int. 135. And such adopted child cannot take under a devise to the children of the parent by adoption. Schafer v. Eneu, 54 P. S. 304. Upon the death of an intestate without issue, an adopted child is entitled as against the widow itance tax. to two-thirds of the personal estate. Rowan's Estate, 132 P. S. 299. A legacy given to an adopted child is subject to the collateral inheritance tax. Commonwealth v. Ferguson, 27 W. N. C. 69. Packard's Appeal, 37 L. I. 135. The personal estate of an adopted child who dies intestate goes to the natural parent instead of to the adopted parent. Commonwealth v. Powell, 16 W. N. C. 298. The estate goes to her own brothers and sisters, the children of her father from whom she acquired it, to the exclusion of the adopting parent. Daisey's Estate, 15 W. N. C. 403. No confidential relation exists between a widow and her deceased husband's adopted child. Nalton's Appeal, 103 P. S. 286. See Act 13 April 1887, P. L. 53. Title "Intestates." (u) This section is an Amendment to the act 4 May 1855, §7 (P. L. 431). See the act 13 April 1887, P. L. 53, title Intestates." (v) See Ballard v. Ward, 89 P. S. 358. McCully's Estate, 8. W. N. C. 14. 10 Ibid. 80. ADMINISTRATION. See DECEDENTS' ESTATES. ADULTERATION. See APOTHECARIES; CRIMES; LARD; MILK; OLEOMARGARINE. ADULTERY. See CRIMES; DIVORCE. ADVERTISING NOSTRUMS. See CRIMES. AGRICULTURE. See FERTILIZERS; HORSE-RACING; OLEOMARGARINE; SECRETARY OF INTERNAL AFFAIRS. II. DRAINAGE OF SPOUTY LANDS. 16. How owners may extend their drains over property of others. Petition. View. Report. Damages. Draft. Costs. 17. Proceedings to be regulated by the road law. 18. When order to issue. Drains to be kept in repair. In default to be vacated. To apply only to certain counties. 19. Swampy lands may be drained. 20. Commissioners to be appointed, on petition of owners. Their powers and duties. 21. Assessment of damages. 22. Basis of assessment. 23. When expense to be assessed on the town 8 May 1876 § 1. P. L. 129. Board of agriculture. Ibid. § 2. Tenure of office. III. EXTIRPATION OF CANADA THISTLES. 35. Canada thistles to be destroyed. Fine. 36. Remedy for persons aggrieved. Duty of constable and supervisor. 37. To destroy thistles growing on the public roads. IV. YELLOWS. 38. Unlawful to keep trees infected with yellows. 39. Commissioners to be appointed. 40. Duties of commissioners. 41. To examine trees and notify owner to destroy. V. CONTAGION AMONG ANIMALS. 46. Interference with officer, a misdemeanor. 47. Appraisement of, and compensation for, animals killed. 48. Co-operation with officers of national govern ment. 49. Repealing clause. VI. ORNITHOLOGISTS. 50. Collections of birds and mammals to be made. VII. AGRICULTURAL SOCIETIES. VIII. AGRICULTURAL COLLEGES. 56. Assent of commonwealth to said act. 58. Act of congress 30th August 1890. 59. Act 19 February 1867. 60. Assent of commonwealth to said act. I. Board of agriculture. 1. The governor of the commonwealth, the secretary of internal affairs, the secretary of public instruction, the auditor-general, the president of the Pennsylvania State College, and one person appointed from and by each agricultural society in the state, entitled, under existing laws, to receive an annual bounty from the county, and three other persons appointed by the governor, with the consent of the senate, shall constitute the state board of agriculture. 2. One-third of the members appointed shall retire from office on the fourth Wednesday of January in each year, according to their several appointments; the vacancies thus occurring shall be filled in the same manner as above provided; and the persons thus appointed shall hold their offices for three years from the expiration of the former term; other vacancies may be filled in the same manner, for the remainder of the vacant term. 8 May 1876 § 2. P. L. 129. board. Ibid. § 8. 3. The board shall meet at the capital of the state, at least once in each year, and as much oftener as may be deemed expedient. No member of said board shall Meetings of the receive compensation from the state, except for necessary personal expenses when engaged in the duties of the board. 4. They shall appoint and prescribe the duties of a secretary of the board, and who may receive a salary not exceeding fifteen hundred dollars a year. Ibid. § 4. Secretary. 5. They shall investigate such subjects relating to improvements in agriculture in the state as they may find proper; and take, hold in trust, and exercise control Duties of board. over, donations or bequests made to them for the promotion of agriculture, or the general interest of husbandry. 6. They may prescribe forms for, and regulate returns from, local agricultural societies, and furnish to the officers of each, such blanks as they deem necessary to secure uniform and reliable statistics. 7. They shall, annually, on or before the fourth day of January in each year, by their president or secretary, submit to the general assembly a detailed report of their doings, with such recommendations and suggestions as the interests of agriculture may require. 8. The secretary of the board shall, in each year, cause to be made and published for distribution, as full an abstract of the returns from the local societies as the board may deem useful. Ibid. § 6. To furnish blanks. Ibid. § 7. Annual reports. Ibid. § 8. Returns to be published. Ibid. § 9. 9. The secretary shall have a permanent office at the capitol, under the control and supervision of the board, which shall be supplied and maintained at the expense Office of secretary. of the state. P. L. 132. 10. That there be published annually hereafter 14,050 copies of a work, entitled 24 May 1878 § 1. the Agriculture of Pennsylvania," which shall contain the annual reports of the ports. state board of agriculture, the state agricultural society, the state dairymen's asso- Publication of ciation, the state fruit-growers' association, and the state college; for the use of agricultural rethe senate, 3000 copies; for the use of the house, 9000 copies; for the use of the state board of agriculture, 1100 copies; for the use of the state agricultural society, 300 copies; for the use of the dairymen's association, 300 copies; for the use of (the) fruit-growers' association, 150 copies; for the use of the state college, 50 copies; for the use of the executive department, 50 copies; for the use of the state library, for exchange, 50 copies; and for the horticultural society of Pennsylvania, 50 copies. Ibid. § 2. Apportionment of Ibid. § 3. 11. The matter for said volume shall be proportioned to the several organizations as follows: to the state board of agriculture, 250 pages; to the state agricultural society, 200 pages; to the state dairymen's association, 100 pages; to the state matter. fruit-growers' association, 80 pages; and to the state college, 20 pages; the whole volume not to contain more than 650 pages: Provided, That each organization Compilation. shall compile and arrange its own matter, and that no matter shall be used by either which is not original and legitimate to the organization offering the same. 12. For the compilation, arranging and indexing of said matter, the sum of $730 is hereby annually appropriated, to be paid out of any money in the treasury not otherwise appropriated, upon the presentation of the receipt of the superin- Appropriation. tendent of public printing and binding, that all the matter has been delivered to him; said sums to be divided as follows: to the state agricultural society, $250 ; to the state dairymen's association, $350; and to the state fruit-growers' association, $130; and each organization shall deliver the whole of its report, in manuscript, to the superintendent of public printing, on or before the first day of November of each year. 13. The state board is hereby authorized to publish, in pamphlet form, quarterly reports of not more than one hundred and fifty pages, and not more than six thousand copies, of which two thousand shall be for the use of the members of the senate, three thousand copies for the use of the members of the house of representatives, and one thousand copies for the use of the state board. (w) 1 April 1887. P. L. 17. Publication of quarterly reports. 2 June 1898. P. L. 272. 14. The secretary of the state board of agriculture shall be ex-officio a member of the board of agriculture and of the board of trustees of the Pennsylvania State Secretary to be College. 15. The salary of the secretary of the state board of agriculture shall be twentyfive hundred dollars ($2500) per annum, which sum shall include all salaries now received by him. II. Drainage of spouty lands. member of board. 23 April 1889. P. L. 46. Salary of secretary. 16. When the owner or owners of wet or spouty land, in this commonwealth, 4 April 1863 § 1. P. L. 293. shall desire to improve the same for agricultural purposes, by surface or under drains, or both, and when, from any cause, it becomes necessary to extend said How owners may drains upon or over the land of other owners, in order to render them effectual, extend their drains over the property the person or persons so desiring to drain, may present a petition to the court of of others. (w) This is an amendment of act 24 May 1878, § 4, P. L. 132. P. L. 293. Petition. View. Report. 4 April 1863 § 1. quarter sessions of the county wherein such land may be, setting forth the situa tion thereof, and the necessity for an extension of the proposed drain or drains upon or over the land of such other owners, specifying the probable extent thereof, and thereupon the said court shall appoint three judicious persons to view the proposed drain or drains; and said viewers shall view the same, and if they, or a majority of them, shall agree that there is occasion for such extension of such drain or drains, in order to effect the agricultural improvement and development of said land, they, or a majority of them, shall proceed to lay out the same, having respect to the shortest distance and the best ground for the location thereof, and in such manner as shall do the least injury to private property, and also be, as far as practicable, agreeable to the desire of the petitioners, and make report to the next term of said court of their proceedings; and said viewers, or a majority of them, shall assess the damages on behalf of the person entitled thereto, if any, in their opinion, will ensue from such extension, and report the same, together with a plot or draft of the drain or drains by them laid out, specifying also whether the same shall be surface or under drains; and the expense of the said views shall be paid by the persons applying for the same, due notice of the time and place of meeting of said viewers to be given to all parties in interest: Provided, That if any person, by mill-dam hereafter constructed, or other obstruction, hinder the drainage of land adjoining their own, the viewers appointed as aforesaid shall, upon petition of the owner of said land, assess and report the damage sustained by such obstruction, subject to the provisions of section first of this act. Damages. Draft. Ibid. § 2. Ibid. § 3. When order to issue. 17. That the 25th, 51st, 53d and 60th sections of the act of the 13th of June 1836, (x) entitled "An act relating to roads, highways and bridges," be and the same are hereby extended to all cases arising under this act. 18. If any of said reports in favor of an extension of such drain or drains shall be confirmed by the court, proof being first made in all cases wherein damages have been assessed, that the said damages have been paid to the party to whom the same were awarded, or to the county treasurer for the use of such party, the said court shall direct their clerk to issue an order to the party petitioning, authorizing him or them to excavate and construct said drain or drains in the manner Drains to be kept as laid out and directed in and by the said report; and the said petitioners, their heirs and assigns, shall be empowered and required to keep and maintain the said drains, when made, in good order and repair, and in default thereof, the said court shall have power, upon due proof of the facts to them made, and full hearing of the parties concerned, to order and direct the said drains to be closed up and vacated: Provided, That nothing in this act contained shall authorize the overflowing of any land not specially provided for in the said report: And provided, That the provisions of this act shall extend only to the counties of Snyder, Juniata, Dauphin, Lycoming, Bradford, Union and Indiana. (y) in repair. In default, to be vacated. To apply only to certain counties. 5 April 1870 § 1. P. L. 47. Ibid. § 2. Commissioners to be appointed, on petition of owners. Their powers and duties. Ibid. § 3. Assessment of damages. Ibid. § 4. Basis of assessment. Ibid. § 5. Ibid. § 6. 19. Any swampy or wet lands, belonging to several owners disjointly, may be drained at the common expense, under the following regulations: 20. Upon the petition of the majority of said owners of such wet or swampy lands, forming a continuous swamp or marsh, the court of quarter sessions of the county, or if lying within two counties, the nearest court, shall appoint three disinterested persons, who shall be commissioners, with power to view the wet lands described; and if, in their judgment, to drain them shall be practicable, they shall proceed to lay out a drain, measuring the length and ascertaining the depth, as near as may be, with ordinary facilities; they shall also have power, and it shall be their duty, to make a survey of such swampy or wet land, to get its contents, and quantity owned by each landholder, and make an estimate of the cost of constructing said drain. 21. Said commissioners shall also estimate the damages sustained by any of said landholders, or any other person, by the construction of such drain; also the proportion of the cost of construction to be borne by each landowner owning land. 22. In assessing the amount to be borne by each landholder, of the cost of opening such drain, the estimate shall be made with reference to, and based upon both the amount of land made useless by such swamp, and the benefits which will result from such improvement, and in no case to exceed the estimated benefits. 23. If, in the judgment of the commissioners, the swamp is a public nuisance, then they shall have power to say what portion of the expense shall be borne by the township or townships in which said swamp lies. 24. If any one of the parties shall feel aggrieved by the assessment and verdict of (x) See tit. "Roads, Highways and Bridges." (y) Extended to Bucks county, by act 18 April 1864, P. L. 459; to York county, by act 4 May 1864, P. L. 768; to the townships of Kinsua and Corydon, in Warren county, by act 18 March 1869, P. L. 401; to the county of Allegheny, and to the draining and ventilating of coal and other mines, in the said county, in, over or under the lands of other owners, by drains, shafts, drifts or otherwise, by act 18 February 1870, P. L. 197; to the county of Indiana for the draining and ventilating of coal and other mines, in said county, by act 10 March 1871, P. L. 318; to the counties of Warren and Mercer, and to the draining of coal-mines, ore-banks and stone-quarries, in the said county of Mercer, by act 19 May 1871, P. L. 987; and to the county of Lawrence, and the draining of coal-mines, ore-banks and stone-quarries, in said county, by act 9 March 1872, P. L. 303. |