8 May 1876 § 1. P. L. 142.

ing one year, as to the court in their discretion may think proper to impose. And the person or corporation so offending, shall be further liable to pay to such owner double the value of said coal, iron or other materials so mined, dug out or removed, Liability for double or in case of the conversion of the same to the use of such offender or offenders, damages. treble the value thereof, to be recovered, with costs of suit, by action of trespass or trover, as the case may be; and no prosecution by indictment under this act shall

be a bar to such action: Provided, That the provisions of this act shall not apply to Exception. persons picking coal for their own domestic use.

TRIAL BY THE COURT.

1. Trial by the court without a jury. Errors and appeals.

2. Court to find the facts and conclusions of law in writing. Notice to parties. Judgment. Exceptions.

3. Proceedings on writ of error.
4. Waiver of trial by jury.
5. Costs.

1. In any civil case now pending in any of the courts of this commonwealth, or 22 April 1874 § 1. hereafter to be commenced, after issue joined, the parties thereto, excepting those P. L. 109. acting in a fiduciary capacity, (d) may, by agreement filed in the proper office where Trial by the court, such suit is pending, dispense with trial by jury, and submit the decision of such without a jury. cases to the court having jurisdiction thereof; (e) and such court shall hear and Errors and appeals. determine the same, and the judgment shall be subject to writ of error or of appeal, as in other cases at law or in equity, at the option of either party.(g)

writing.

2. The decision of the court shall be in writing, stating separately and distinctly Ibid. § 2. the facts found, the answers to any points submitted in writing by counsel and the Court to find the conclusions of law, (h) and shall be filed in the office of the prothonotary or clerk facts and concluof the proper court where the case is pending, as early as practicable, not exceeding sions of law, in sixty days after such decision shall have been made from the termination of the trial, and notice thereof shall be forthwith given by the prothonotary or clerk to the parties or their attorneys; (i) and if no exceptions(k) thereto are filed in the Notice to parties. proper office, within thirty days after service of such notice, judgment shall be entered thereon by the prothonotary or clerk; if exceptions to the findings of facts Judgment. or conclusions of law be filed within said thirty days, the court or the judge thereof Exceptions. who tried the case in vacation, may, upon argument, order judgment to be entered according to the decision previously filed, or make such modifications thereof as in justice and right shall seem proper, subject always, nevertheless, to review by writ of error or appeal in the supreme court; such writ of error or appeal to be taken in the time and manner and with the effect prescribed by law.

Ibid. § 3.

3. Every such case taken to the supreme court upon writ of error shall be heard and determined therein as writs of error are therein heard and determined ;(1) and Proceedings on every such case taken to the supreme court by appeal shall be heard and deter- writ of error. mined therein as cases of appeal in equity proceedings; and in case a new trial is ordered, it shall be proceeded with before the same court, in the same manner as herein before provided for.

4. An agreement to submit under this act shall be a waiver of the right of trial by jury.

5. Cases submitted under the provisions of this act shall be subject to existing laws as to costs, except no jury fee shall be required on entering judgment.(m)

(d) This exception is unconstitutional. Campbell v. County, 24 W. N. C. 107.

(e) See Wyoming Building Association v. Lederer, 1 Kulp 517.

(g) See Commonwealth v. Mitchell, 80 P. S. 57. (h) The facts found should be separately and distinctly stated, with at least as much precision as is required in a special verdict. Foreman v. Hosler, 94 P. S. 418.

(i) See Wyoming Building Association v. Lederer, 1 Kulp 517.

(k) On assignments of error to the rejection of testimony, the supreme court must treat the offers as stating the facts. Commonwealth v. Philadelphia County, 157 P. S. 531.

(1) The supreme court, on error, will only notice questions of law arising upon exceptions to the rulings of the judge upon evidence; the appellate court cannot go behind the findings of fact, except where it could do so after a common-law trial by jury. Jamison v. Collins, 83 P. S. 359. Griffith v. Sitgreaves, 90 Ibid. 161. Commonwealth v. Lehigh Valley Railroad Co., 37 L. I. 407. Kerr v. Ames, 39 Ibid. 392. Brown v. Boom Co., 33 P. L. J. 131. And see Martinton v. Fairbanks, 112 U. S. 670, and cases there cited.

Ibid. § 4. Waiver of trial by jury.

Costs.

Ibid. § 5.

(m) The supreme court on January 15, 1894, adopted the following rules regulating the trial by the court of equity causes: A trial at equity shall be conducted, as near as may be, as a trial at law is now conducted. When entered upon it shall not be interrupted or postponed except upon cause shown to and approved by the court or referee, and the costs of all such postponements shall be paid by the party at whose instance the same may be ordered, and shall not abide the result or be taxed in the general bill of the successful party. Continuances for cause may be made where the list is called, with or without terms, as is now practised in the courts of common law.

The hearing of cases in equity shall be conducted before the judge sitting as chancellor or before a referee, and the office of master in chancery is hereby discontinued except in proceedings where decrees or interlocutory orders are to be executed, or their execution supervised by an officer in the court- as in partition, the sale of real estate, the execution of deeds and the like. When a case in equity is at issue upon a demurrer, it shall be placed on the argument list then next to be heard. When it is at issue upon answer, it shall be placed on the equity trial list. Cases upon the trial list shall be heard in court in the

11 June 1885 § 1. P. L. 111.

9. When trust-funds to accumulate. 10. Company to be appointed without security, and to be responsible for all losses.

11. Certificates may be issued for trust-moneys. 12. How trust-funds to be invested.

13. How moneys of the company to be invested.
14. Court may appoint a person to investigate the
affairs of the company.

15. Power to make insurances on lives, &c.
16. Security of trust-funds.

III. GIRARD LIFE-INSURANCE AND TRUST
COMPANY OF PHILADELPHIA.

17. Company may be appointed trustee.
18. Court may appoint a person to investigate
their affairs.
19. Powers of the company.

I. Powers of trust companies.

1. All companies incorporated under the laws of this commonwealth, which are by their charters authorized to act as trustees, receivers, assignees, guardians and Powers enlarged. committees, be, and they are, hereby authorized,

Ibid.

May receive valuables.

Ibid.

2. First. To receive upon deposit for safe-keeping jewelry, plate, stocks, bonds and valuable property of every description, upon such terms as may be agreed upon.

3. Second. To act as agents, for the purpose of issuing or countersigning the certificates of stock, bonds or other obligations, of any corporation, association, for issuing bonds, municipality, state or public authority, and to receive and manage any sinking fund thereof, on such terms as may be agreed upon.

To act as agents

&c.

Ibid. § 2.

May increase their

capital stock. Limitation.

Par value of shares.

Ibid. § 8.

4. Whenever such companies shall desire to increase their capital stock, they may do so according to the forms prescribed by law: Provided, The amount of capital stock after such increase, shall not exceed two million dollars, and may change the par value of the shares to one hundred dollars each.

5. Such companies, before exercising any of the powers conferred by this act, shall first accept the provisions of the constitution of this commonwealth, adopted Must first accept December sixteenth, one thousand eight hundred and seventy-three, and shall file with the secretary of the commonwealth a certificate of such acceptance, in writing, under their duly authenticated seal.

constitution.

And file certificate.

II. Pennsylvania company for insurance on lives and granting annuities. 6. The Pennsylvania company for insurance on lives and granting annuities be and they hereby are authorized and empowered to accept and receive moneys

26 Feb. 1836 § 1. P. L. 49.

same manner that actions at law wherein trial by jury has been waived are now heard by courts of law. The evidence shall be given or read in open court, and exceptions to the admission or rejection of evidence, and of witnesses, may be taken in the same manner, and with the same effect, as is now practised in the trial of actions at law. The judge shall sit continuously during the trial of causes in equity in the same manner as during the trial of actions at law.

The counsel for the respective parties may present

to the judge sitting as chancellor, requests for findings, both of fact and law. After hearing the evidence and the suggestions or argument of counsel, the judge may adopt or affirm these requests, or any of them; he may qualify or deny them, or he may state his findings of fact or of law in his own language. The requests so presented, with the answers thereto, and the findings of the judge, both of law and fact, shall be filed by the prothonotary and become thereby part of the record of the court in the said case.

P. L. 49. Powers of the com

pany.

or other property, real or personal, in trust, to accumulate the interest or income 26 Feb. 1836 § 1. thereof, at such rates and in such manner as may be agreed on, or to allow and pay such interest or income therefor and thereon as may be stipulated and agreed on between the parties, not exceeding the legal rate of interest; and also, to accept and execute trusts of any and every description, which may be committed or transferred, with their consent, to them, by any person or persons whatever, bodies corporate or politic, or by any court of the United States, or of the commonwealth of Pennsylvania.(n)

Ibid. § 2.

7. In all cases where application is made to any court of the commonwealth of Pennsylvania, for the appointment of any trustees, or of assignees, or of guardian May be appointed of any minor, or committee of a lunatic, it shall and may be lawful for such court, trustee, &c. if they think proper, to appoint said company, with their consent, such trustee, assignee or guardian of the estate of such minor, or committee of a lunatic; and Accounts, how the accounts of said company, as such trustee or assignee, or guardian or commit- settled. tee, shall be regularly settled and adjusted before the proper tribunal, and upon such settlement and adjustment, all proper, legal, usual and customary charges, costs and expenses, shall be allowed to the said company, for their care and management of the trusts and estates aforesaid, and the said company, as such trustees or assignee, or guardian or committee, shall be subject to all orders or decrees made by the proper tribunals, under the laws of this commonwealth.

Ibid. § 8.

8. Upon any sum not less than one hundred dollars which shall be collected or received by said company, in its capacity of trustee, assignee, guardian, com- Interest to be mittee or receiver, under the order of any court of justice, a reasonable interest allowed on trustshall be allowed, of not less than four per cent per annum; which interest shall funds. continue to accrue, until the moneys so received shall be duly expended and paid

over or distributed.

9. When the annual income of an infant, of whose estate the said company Ibid. § 4. shall be the guardian, shall exceed the sum allowed, or which may be sufficient When trust-funds for the education, maintenance and support of said infant, such surplus income to accumulate. shall be accumulated by the said company, for the benefit of such infant, by adding interest annually on the whole as a new principal; and the interest so to be allowed and added upon such accumulation, in no case to be less than four per centum per annum.

Ibid. § 5.

10. No bond or collateral security shall be required from the said company, when appointed trustee, assignee, guardian, committee or receiver; but all investments Company to be apof moneys received in trust by the said company, shall be at the risk of said pointed without corporation; and for all losses of such moneys, the capital stock, property and security, and to be effects of the said corporation shall be absolutely liable.

11. The said company shall and may, whenever required so to do, issue certificates for the amount of all moneys deposited with them in trust, which certificates shall be assignable and transferrible on the books of the company, under such regulations as may be prescribed by the president and directors.

12. All sums of money received under or by virtue of the provisions of this act, shall and may be invested as the other funds of the company now are, or hereafter may be, by law, allowed to be invested.

responsible for all losses.

Ibid. § 6.

Ibid. § 7.

How trust-funds
to be invested.
8 April 1829 § 1.
10 Sm. 328.

invested.

13. It shall and may be lawful for the Pennsylvania company for insurances on lives and granting annuities, to invest the capital stock of the said company, and all moneys received for premiums of insurance and for the grant and sale of annui- How moneys of ties, and endowments in trust and on lives, or for any other transaction authorized the company to be by the act to which this is a supplement, in the funded debt of the United States, or of any of the United States, or of any city or incorporated borough of this state, or in the stock of any chartered or incorporated bank, or in the stock or loan of any chartered or incorporated canal, navigation, bridge or road company, or of any company that now is, or hereafter may be, incorporated by this state or the United States, or in the purchase of any ground-rents or mortgages, or on any loans on good and sufficient security, or in such real estate as may be taken in execution for debt: Provided, The income of the said real estate do not exceed the value of ten thousand dollars yearly. And also to sell and dispose of, and transfer the said stock and securities, and convey such real estate: Provided, That no deposit, loan of money upon interest, except in such cases as may be authorized by this section, or promissory note, shall be allowed, made or issued, in the manner of a banking institution.

11. Whenever any court shall appoint the said company a trustee, assignee, 26 Feb. 1836 § 8. guardian of any minor or committee of a lunatic, or deposit with the said company P. L. 50. any moneys, such court may, from time to time, appoint a suitable person to inves- Court may appoint tigate the affairs and management of said company, who shall report to such court a person to investithe matter in which its investments are made, his opinion of the ability and integ- gate the affairs of rity with which the affairs of the company are conducted, of the prudence and safety of its investments, and the security afforded to those by whom its engage

(n) By act 26 March 1853, P. L. 232, they are authorized to accept and execute the office and appointment of executors and administrators. And by act 16 Feb

the company.

ruary 1855, P. L. 37, the same power is extended to and conferred upon the Girard Life-Insurance, Annuity and Trust Company of Philadelphia.

26 Feb. 1836 § 8. ments are held: the expense of every investigation so made shall be defrayed by the said company.

P. L. 50.

10 March 1812 § 8. P. L. 98.

Power to make insurances on lives, &c.

8 April 1872 § 2. P. L. 790.

Security of trust funds.

17 March 1836 § 8. P. L. 100.

Company may be appointed trustee,

&c.

15. The president and directors shall have full power on behalf of the said corporation, to make insurances on lives, by sea and on shore, and to contract for, grant and sell annuities and reversionary payments, and generally to make all kinds of contracts, in which the casualties of life and interest of money are principally involved, except as before excepted; and to make, execute and perfect such and so many contracts, bargains, agreements, policies and other instruments as shall or may be necessary, and as the nature of the case shall or may require; and every such contract, bargain, agreement or policy, to be made by the said corporation, shall be in writing or in print, and shall be under the seal of the said corporation, signed by the president and attested by the actuary or other officer who may be appointed by the president and directors for that purpose.

16. The said company may be and is authorized to specially set apart a portion of its assets, in such way and manner as shall be approved by the orphans' court for the city and county of Philadelphia, as special security for the faithful disposition of property which it may hold in a fiduciary capacity, whether acting by deed, will, appointment of court or otherwise.

III. Girard life-insurance, annuity and trust company of Philadelphia. 17. In all cases when application shall be made to any court in the commonwealth of Pennsylvania, for the appointment of any trustees, or of receiver, or of assignees, or of guardian of any minor, or of committee of any lunatic, it shall be lawful for such court to appoint the said company, with their consent, to be such trustee, receiver, assignee, guardian of the estate of such minor or committee of the estate of such lunatic; and in case of such appointment of said company, as trustee, receiver, assignee, guardian or committee, by any court, the said company shall not be required to give any security, but shall be responsible for the goodness of all investments which shall be made by them of the funds committed to their care by such appointment; and the accounts of said company, as such trustee, receiver, assignee, guardian or committee, shall be regularly settled and adjusted by the proper tribunals; and all proper, legal, usual and customary charges, costs and expenses shall be allowed to the said company, for the care and management of the funds and estates so committed to them.

Ibid. § 10.

Court may appoint

a person to investigate their affairs.

Ibid. § 2. Powers of the company.

18. Whenever any court shall appoint the said company a trustee, receiver, assignee, guardian or committee of any lunatic, or deposit with said company any moneys, such court may, from time to time, appoint a suitable person to investigate the affairs and management of said company, who shall report to such court the manner in which its investments are made, his opinion of the ability and integrity with which the affairs of the company are conducted, of the prudence and safety of its investments and the security afforded to those by whom its engagements are held: the expense of every investigation so made shall be defrayed by the said company.

19. The objects of the said corporation shall be to make and effect insurance on lives, of whatsoever sort or nature, to contract for, grant and sell annuities and reversionary payments, to take, receive and hold all estates and property, real and personal, which may be granted, committed, transferred or conveyed to them with their consent, upon any trust or trusts whatsoever, at any time or times, by any person or persons, body or bodies corporate, or by any court of the United States, or of the commonwealth of Pennsylvania, and to administer, fulfil and discharge the duties of such trusts; and to receive all sums of money which shall be deposited with the said corporation, on such terms of interest and repayment as shall, from time to time, be agreed upon and prescribed by the board of managers of the said corporation, not exceeding the legal rate of interest: Provided, That nothing herein contained shall be construed so as to enable the said association to invest any portion of its funds in the discount of promissory notes or bills of exchange.(0)

(0) By act 14 February 1867, P. L. 168, the capital stock and assets of the company are made absolutely liable for the faithful application of trust funds

received by the company; and no further security is to be required.

TRUSTS AND TRUSTEES.

See ASSIGNMENTS FOR CREDITORS; CHARITIES; DECEDENTS' ESTATES; FRAUDS AND PERJURIES; LIMITATION; REAL ESTATE.

II. OF LAWS PRIOR AND SUBSEQUENT TO
THE REVISED ACT.

1. Assignees to file an inventory within thirty (1.) JURISDICTION OF COURTS IN REGARD TO TRusts.