these commissioners, then, upon his appeal and petition, the court shall appoint six 5 April 1870 § 6. disinterested commissioners to review the whole case and report; and their report, when confirmed by the court, shall be final. P. L. 47. Reviewers. Ibid. § 7. 25. When their proceedings shall be gone through with, the owners of such swamp, and the supervisors of the township or townships, as the case may be, shall constitute a corporation; and the time and place of its first meeting shall Corporation. be fixed by the court, and a yearly meeting thereafter shall be held; and said corporation, acting through a majority, shall have power to open and repair such drain at the common expense, in proportion to the assessment made by the commissioners. 26. Any contiguous swampy or wet lands, belonging to several owners dis- 9 May 1871 § 1. jointly, and that have been once drained, and the drain or drains, or any part P. L. 263. thereof, are not properly opened and in good condition, shall be redrained, under How lands may be the following regulations:(z) redrained. Ibid. § 2. appointed. 27. Upon a petition of one or more of said owner or owners of such swampy or wet lands, the court of quarter sessions of the county shall appoint three disinterested persons, who shall be commissioners, with power to view the wet lands de- Viewers to be scribed in the petition, and if [in] their judgment, to redrain the same shall be practicable, they shall so make their report to the said court, at its next sitting, setting forth therein the names of the owners through whose land the said drain or drains need to be reopened, and attach thereto a draft of the drain or drains to be reopened, with the dimensions thereof. Ibid. § 3. 28. Upon the commissioners' report being presented to the court, it shall immediately order a written notice to be served, by a constable of the county, person- Proceedings on ally, upon each landowner, if within the commonwealth of Pennsylvania, mentioned report of viewers. in said report, through whose land the drain or drains need to be reopened, ordering him or them to open the same through his or their land, at his or their own expense, according to the draft attached to the said commissioners' report, within a given time, to be fixed by the court, which shall not exceed sixty days, and to fail not so to do, under the penalty which may ensue: Provided, Such sixty days shall not include the months of December, January and February. Ibid. § 4. Notices and 29. And it shall be the duty of the said constable, within ten days after the expiration of the time so set by the court, to make returns to the clerk of the court of quarter sessions of the county, of the service of said notice, and the compliance returns. or non-compliance with its orders; and if in such return he shall state that its orders have not been complied with, then a penalty of ten dollars a day, to be com- Penalty for failure puted from the filing of the constable's said return with the clerk of quarter sessions, to re-open drains. shall be imposed, until the said drain or drains shall be reopened as aforesaid, upon the non-complying owner or owners of the land or lands mentioned in the constable's return; which shall be recoverable in the name of the commonwealth, by any one or more of the said petitioning landowners, who will sue therefor, whenever and as often as any fifty dollars of such penalty may become due, before a justice of the peace, as debts of like amount are recoverable at law, with costs of suit; and one-half thereof shall be paid to the person or persons suing for and recovering the same, and the residue shall be paid into the treasury of the county, for the use of the directors of the poor. 30. The costs of proceeding under this act shall be borne by the party or parties through whose land the drain or drains may be so reopened. Costs. Ibid. § 5. P. L. 388. Owners of swamp 31. The court of quarter sessions before which proceedings shall be had, is 15 June 1871 § 1. hereby authorized and required, when the report of the commissioners is confirmed, to make the necessary charter, giving the owners of swamp lands, which by the aforesaid act are made a body corporate, the necessary powers to carry out the lands to receive intention of the act to which this is a supplement, and also to give a name to said charters. corporation, and fix the time and place for its first meeting. 32. The said corporation, when organized, shall have power to lay and collect assessments; which assessments shall be made in the proportion indicated by the commissioners in their report; and said assessments or tax, until paid, shall be a lien upon or against the real estate and the personal property that may be upon the same, belonging to the real owner of said swamp or part of said swamp lands. 33. When authorized by the corporation, it shall be the duty of the president, assisted by the secretary, to make an assessment, in accordance with the meaning of the act to which this is a supplement; and a duplicate, with his warrant to the treasurer of said corporation, shall be his authority to collect said assessment as county rates and levies are collected; and said corporation shall not have power to assess or collect for any other purpose than that authorized by this act, and the act to which this is a supplement. Ibid. § 2. Corporate powers. Ibid. § 3. Duties of officers. 34. That the provisions of an act relative to the draining of wet or spouty lands 19 May 1871 § 1. in certain counties, approved the 4th day of April 1863, be and the same are P. L. 987. hereby extended to the counties of Warren and Mercer; and shall also extend to Extended to Warthe draining of coal mines, ore-banks and stone-quarries in the said county of ren and Mercer. Mercer. (z) This act is unconstitutional, as to the lands of several owners, held disjointly. Rutherford's Case, 72 P. S. 82. 24 April 1885 § 1. P. L. 9. be destroyed. III. Extirpation of Canada thistles. 35. It shall be the duty of every person or persons, and of every corporation holding land or lands in any county or counties of this commonwealth, either by Canada thistles lease or otherwise, on which any Canada thistles or weeds commonly known as Canada thistles may be growing, to cut the same so as to prevent such thistles or weeds from going to seed, and the seed of the same from ripening, and every person or persons, or corporation as aforesaid, who shall or may have land as aforesaid, and who shall neglect or refuse to comply with the provisions of this act, shall forfeit and pay a fine of fifteen dollars to the treasurer of the school district in which such land may be situated, to be recovered the same as debts of like amount are now by law recoverable. Fine. Ibid. § 2. Remedy for persons aggrieved. 36. If any person or persons, or corporation, so holding lands as aforesaid, on which any Canada thistles, or the weeds commonly known as such shall be growing, and likely to ripen seed thereon, shall neglect or refuse to cut and destroy the same so as to prevent the seed thereof from ripening, it shall and may be lawful for any person or persons, who may consider themselves aggrieved or about to be injured by such neglect or refusal, to inform by written notice any constable or supervisor of the township or district in which the said Canada thistles or weeds may be growing, whose duty it shall then be to give five days' notice in writing to such person or persons, or corporation, to cut and destroy such Duty of constable thistles or weeds, and on their neglect or refusal to cut and destroy the same at the end of five days, it shall be the duty of the officer giving such notice to enter upon such premises, with such other person or persons as he may employ, and cut down and destroy such Canada thistles, and the said officer or other persons so employed shall be entitled to recover from such person or persons or corporation owning or holding land as aforesaid, compensation at the rate of two dollars and fifty cents per day, and the officer serving such notice shall likewise be entitled to a fee of fifty cents, together with six cents mileage for each mile, circular, necessarily travelled, to be recovered as debts of like amount before any justice or court in said counties. (a) and supervisor. Ibid. § 3. To destroy all such the public roads. Unseated lands. 37. It shall be the duty of the supervisor or supervisors of the public roads or highways in every township or district as aforesaid, to cut and destroy in the same thistles growing in manner all such Canada thistles or weeds on or along such roads, and in case of unseated or mountain lands, whenever it shall come to the knowledge of either the supervisor or constable of the existence of any such Canada thistles or weeds thereon, it shall be his duty to notify the owner, or owners, or agents of said lands in writing, giving ten days' notice to cut and destroy the same as aforesaid, and upon failure to comply at the end of ten days, such officer, or any person or persons employed by him, shall proceed in the manner hereinbefore provided, with like fees and compensation, and if any such constable or supervisor shall neglect or refuse to perform his duties as prescribed by this act, he shall be liable to a fine of ten dollars, the same to be sued for and recovered as aforesaid, by the party or parties aggrieved or about to be injured by such neglect or refusal. Penalty. 26 May 1891 § 1. P. L. 124. IV. Yellows. 38. It shall be unlawful for any one to knowingly or wilfully keep any peach, almond, apricot or nectarine tree infected with the contagious disease known as Unlawful to keep the yellows, or to offer for sale or shipment or to sell or ship to others any of the trees infected with fruit thereof; both tree and fruit so infected shall be subject to destruction as the yellows. public nuisances as hereinafter provided, and no damages shall be awarded in any court in this state for entering upon premises and destroying such diseased trees and fruit, if done in accordance with the provisions of this act and it shall be the duty of every person, as soon as he becomes aware of the existence of such disease in any tree or fruit owned by him, to forthwith destroy or cause the same to be destroyed. Ibid. § 2. Commissioners to be appointed. Ibid. § 3. Duties of commissioners. 39. In any township, borough or city of this state in which such contagious disease exists, or in which there is good reason to believe it exists, or danger may be justly apprehended of its introduction, as soon as such information becomes known to any supervisor of such township or to any highway or street commissioner of such borough or city, it shall be the duty of said supervisor or highway or street commissioner to appoint forthwith three competent freeholders of said township, borough or city as commissioners, who shall hold office during the pleasure of said supervisor or highway or street commissioner, and such order of appointment and of revocation shall be entered at large upon the records of such township, borough or city. 40. It shall be the duty of said commissioners, within ten days after appointment as aforesaid, to file their acceptance of the same with the clerk of said township, borough or city, and said clerk shall be ex officio clerk of said board of commissioners, and he shall keep a correct record of the proceedings of said board (a) The first two sections of this act are amendments of the act 22 March 1862, P. L. 164. P. L. 124. in a book to be provided for the purpose, and shall file and preserve all papers 26 May 1891 § 3. pertaining to the duties and actions of said commissioners or either of them, which shall be a part of the records of said township, borough or city. Ibid. § 4. 41. It shall be the duty of the commissioners or any one of them, upon or without complaint, whenever it comes to their notice that the disease known as To examine trees yellows exists or is supposed to exist within the limits of their township, borough and notify owner or city, to proceed without delay to examine the trees or fruit supposed to be to destroy. infected, and if the disease is found to exist, a distinguishing mark shall be placed upon the diseased trees and the owner notified personally or by a written notice left at his usual place of residence, or if the owner be a non-resident, by leaving the notice with the person in charge of the trees or fruit, or the person in whose possession said trees or fruit may be. The notice shall contain a simple statement of the facts as found to exist, with an order to effectually remove and destroy, by fire or otherwise, the trees so marked and designated, within ten days, Sundays excepted, from the date of the service of the notice, and in case of fruit so infected, such notice shall require the person in whose possession or control it is found, to immediately destroy the same or cause it to be done. Said notice and order shall be signed by the full board of commissioners. Ibid. § 5. on refusal of 42. Whenever any person shall refuse or neglect to comply with the order to remove and destroy the trees marked by the commissioners as aforesaid, it shall Decome the duty of the commissioners to cause said trees to be removed and To destroy trees destroyed forthwith, employing all necessary aid for that purpose; the expense of owner. such removal and destruction of trees to be a charge against the township, borough or city, and for the purpose of said removal and destruction the said commissioners, their agents and workmen, shall have the right and power to enter upon any and all premises within their township, borough or city. Ibid. § 6. a misdemeanor. 43. If any owner neglects to remove and destroy or cause to be removed and destroyed as aforesaid, such diseased trees and fruit after such examination and Refusal to destroy notification and within the time hereinafter specified, such person shall be deemed guilty of a misdemeanor, and punished by a fine not exceeding ten dollars, or by imprisonment in the county jail not exceeding ten days, in the discretion of the court; and any justice of the peace of the township or borough or any alderman in any city of this commonwealth where such fruit is sold, shipped or disposed of as aforesaid shall have jurisdiction thereof. Ibid. § 7. Compensation of 44. The commissioners shall be allowed for services under this act, two dollars for each full day and one dollar for each half day for the time actually employed, and other reasonable charges and disbursements hereunder, to be audited, as well commissioners. as any other charges and disbursements under this act, by the board of township auditors or the auditors of such borough or the controller of such city, to be paid to said commissioners as other township, borough or city accounts are paid. Such fees and all reasonable charges and disbursements of said commissioners in each case, may be recovered by the township, borough or city, in the name of the supervisor or highway or street commissioner, from the owner of the diseased fruit or trees on account of which such fees, charges and disbursements became payable or were incurred. V. Contagion among animals. 9 May 1889 § 1. P. L. 151. ture to prevent 45. When it shall be brought to the notice of the secretary of the state board of agriculture, that any contagious disease, not otherwise provided for by law, prevails among domestic animals, he may take such measures to prevent its Secretary of state spread as may be deemed expedient, and for this purpose shall have power to board of agriculplace infected animals, herds, buildings and farms in quarantine, and to prevent spread of conthe movement of animals or objects likely to convey the contagion, except upon tagious diseases proper permits, and, with the consent and approval of the governor, to make among domestic such rules and regulations for the government of such quarantine as may be deemed necessary to effectively carry out the purpose of this act. animals. Ibid. § 2. Interference with 46. Any person or persons who shall wilfully or intentionally interfere with any officer or officers, duly authorized to carry out the provisions of this act, or who shall wilfully or intentionally violate the provisions of the quarantine authorized officer a misdeby section one of this act, shall be deemed guilty of a misdemeanor, and upon con- meanor. viction shall be liable to an imprisonment not exceeding three months, or a fine Penalty. not exceeding one hundred dollars, or both, at the discretion of the court. 47. When it shall be necessary or expedient to kill any animal or animals to Ibid. § 3. prevent the spread of contagious disease, it or they shall first be appraised by Appraisement of sworn appraisers, who shall have due consideration for the actual condition of the and compensation animal or animals, at the time of appraisement, and the owner or owners shall be for animals killed. entitled to receive from the secretary of the state board of agriculture a certificate of value, which may be paid from current appropriations or by a subsequent appropriation by the legislature: Provided, That the amount of such certificates, issued in any one year, shall not exceed the sum of twenty-five hundred dollars. 48. For the economical eradication of contagious diseases of domestic animals, the secretary of the state board of agriculture shall have power, with the consent Ibid. § 4. 25 April 1889. P. L. 50. Agricultural experimental stations established by congress. Pennsylvania state college to receive benefits of said act. 25 April 1889 § 1. P. L. 50. Assent of the commonwealth given to said act. Ibid. § 2. Repealing clause. 20 May 1891. P. L. 94. and approval of the governor, to arrange for and carry into effect terms of co-operation with the proper officers of the national government. 49. All acts or parts of acts inconsistent herewith are hereby repealed. VI. Ornithologist. 50. The ornithologist of the state board of agriculture shall make a full and complete collection of the birds and mammals of the state, male, female and young. These specimens shall be the property of the state and be deposited in the state library, or elsewhere, as the board of public grounds may direct. 51. For collecting, preserving, preparing, stuffing, mounting, labelling, with all the data requisite for scientific study, and classifying in accordance with the most modern scientific authorities and preparing complete catalogues of the same, the ornithologist of the state board of agriculture shall receive the sum of eighteen hundred dollars per year for two years, to be paid on order of the auditor-general, on the certificate of the secretary of the state board of agriculture that the work is being properly done, from time to time as the work progresses, out of any money in the state treasury not otherwise appropriated. This amount to include travelling expenses, assistants, material and everything necessary to complete said work, which shall be completed within two years from the passage of this bill. VII. Agricultural societies. 52. The board of managers or executive committee, of any agricultural or horticultural society of this state, is hereby authorized to appoint as many citizens of this state, policemen, as shall be necessary for their exhibitions, whose duty it shall be to preserve order within and around the grounds of said society; protect their property within said ground; to eject all persons who shall be improperly within the grounds of said society, or who shall be guilty of disorderly conduct, or who shall neglect or refuse to pay the fee or observe the rules prescribed by said society. Said policemen shall have the same power, the time said exhibition shall continue, that a constable may have by law, in serving criminal process and making arrests, and in addition, may arrest any person for the commission of any offence, mentioned in section two. 53. Any person, who shall wilfully injure or destroy the property of exhibitors, visitors or lessees, on the fair grounds, or shall hinder or obstruct the officers and police in their duties, shall be deemed guilty of a misdemeanor, and upon conviction shall be subject to a fine not less than one, or more than twenty-five dollars, or imprisonment not exceeding thirty days, at the discretion of the court before whom the offender may be tried. VIII. Agricultural colleges. 54. WHEREAS, An act of congress approved March third, one thousand eight hundred and eighty-seven, providing for the establishment of agricultural experiment stations in connection with the colleges established in the several states, under the provisions of the act approved July second, one thousand eight hundred and sixty-two, commonly known as the land-grant act, requires the states receiving the benefits of said act to signify their assent to the same; 55. And whereas, The Pennsylvania state college, by an act approved February nineteenth, one thousand eight hundred and sixty-seven, was designated to receive the benefits of said act of congress, approved July second, one thousand eight hundred and sixty-two, and is now maintaining an agricultural experiment station in the manner, and on the conditions, prescribed by said act of congress, approved March third, one thousand eight hundred and eighty-seven: 56. The assent of the commonwealth of Pennsylvania is hereby given to said act of congress, approved March third, one thousand eight hundred and eightyseven, with all its provisions and conditions, and the Pennsylvania state college is hereby designated as the proper institution, under the provisions of said act of February nineteenth, one thousand eight hundred and sixty-seven, to receive all appropriations made, or to be made, by congress, for the purpose of carrying into effect said act, or any supplement or supplements thereto. 57. All acts and parts of acts inconsistent herewith be and the same are hereby repealed; and the secretary of the commonwealth is hereby directed to forward a certified copy of this act to the secretary of the treasury of the United States. 58. WHEREAS, An act of congress approved August thirteenth, (b) one thousand eight hundred and ninety, providing for "the more complete endowment and Act of congress of support of the colleges for the benefit of agriculture and the mechanic arts, estab30 August 1890. lished under the provisions of an act of congress approved July second, one thousand eight hundred and sixty-two," requires the states receiving benefits of said act, to signify their assent to the same; and the governor of the commonwealth has (b) Thirtieth. already signified the assent of this state to the purposes and conditions thereof, pending the action of the state legislature; 20 May 1891. P. L. 94. 59. And whereas, The Pennsylvania state college, by an act approved February Act 19 February nineteenth, one thousand eight hundred and sixty-seven, was designated to receive 1867. the benefits of said act of congress, approved July second, one thousand eight hundred and sixty-two, and is now receiving the benefits of said act, together with the benefits of said act of congress, approved August thirtieth, one thousand eight hundred and ninety; therefore P. L. 94. 60. The assent of the commonwealth of Pennsylvania is hereby given to said 20 May 1891 § 1. act of congress, approved August thirtieth, one thousand eight hundred and ninety, with all its provisions and conditions, and the Pennsylvania state college is hereby Assent of the comdesignated as the proper institution, under the provisions of said act of February monwealth given nineteenth, one thousand eight hundred and sixty-seven, to receive all appropria- Pennsylvania tions made, or to be made, by congress, for the purpose of carrying into effect said state college designated. act or any supplement or supplements thereto. to said act. 61. The state treasurer is hereby authorized and directed to record in his office Ibid. § 2. the receipt of any and all appropriations received from the United States under Duty of state said act of congress, and to transfer the same immediately to the treasurer of the treasurer. Pennsylvania state college as required by said act, approved August thirtieth, one thousand eight hundred and ninety. Ibid. § 3. 62. All acts and parts of acts inconsistent herewith be and the same are hereby repealed, and the secretary of the commonwealth is hereby directed to forward one Repealing clause. certified copy of this act to the secretary of the treasury of the United States and one to the United States secretary of the interior. ALIENS. I. CAPACITY OF ALIENS TO PURCHASE, ETC. 1. Aliens may take, hold and dispose of lands, by devise or descent. 2. And dispose of personal estate, by will or otherwise. 3. Alien enemies excepted. 4. Alien friends, having declared their intention to become citizens, may purchase and hold lands, not exceeding five hundred acres. 5. Such purchases confirmed. 6. Certain alien enemies authorized to take, hold' and convey lands, not exceeding two hundred acres. 7. Alien friends may purchase and hold lands, not exceeding five thousand acres. 8. Purchases of lands by aliens, since naturalized, confirmed. 9. Purchases of lands, not exceeding five thousand acres, confirmed. 10. Titles of aliens to lands, not exceeding two thousand acres, confirmed. 11. Aliens may hold lands of the annual value of $20,000. II. TITLES DERIVED THROUGH ALIENS. 12. Titles derived from aliens confirmed. 13. Sales of lands by aliens confirmed. 14. Sales of lands by aliens, to citizens, confirmed. 15. Titles to lands, derived through aliens, confirmed. 16. Titles from aliens and foreign corporations confirmed. 17. Conveyances to aliens, prior to 1 May 1861, confirmed. Limitation. 18. Titles from aliens and foreign corporations confirmed. 19. Act of 1861 extended to prior conveyances. III. NATURALIZATION. 20. Certificates to be printed on parchment. Payment of fees. 21. Penalty. 22. Commitment on refusal to pay fine. I. Of the capacity of aliens to purchase, etc. 1. Every person being a citizen or subject of any foreign state, shall be able and 23 Feb. 1791 § 1. capable in law of acquiring and taking, by devise or descent, lands(c) or other 3 Sm. 4. real property in this commonwealth, and of holding and disposing of the same in Aliens may take, as full and ample a manner as the citizens of this state may or can do, and no such hold and dispose of land or estate, so held by devise or descent, shall escheat or be forfeited to the lands, by devise or commonwealth, for or on account of the alienage of such person claiming the same under any last will, or succeeding thereto according to the laws of this commonwealth. descent. Ibid. § 2. 2. All such persons shall be able and capable in law to dispose of any goods and effects, to which they may be entitled within this state, either by testament, And dispose of perdonation or otherwise; and their representatives, in whatever place they may sonal estate by will reside, shall receive the succession, according to the laws of this commonwealth, or otherwise. either in person or by attorney, in the same manner as if they were citizens of this commonwealth. Ibid. §3. Alien enemies 3. Provided, That nothing herein contained shall be construed to prevent the sequestration of any real or personal estate belonging to any such alien, during the continuance of war between the United States of America, and the state or prince excepted. of which such person may be a citizen or subject. (c) This does not enable an alien to take by descent v. Gardner, 7 W. 455. See this case for a reference to from an alien ancestor; for then the heir would take the several acts of assembly upon the subject. a greater estate than the ancestor himself had. Rubeck |