22. The proper authorities of the several counties, cities and boroughs of this 12 March 1866 § 1. commonwealth, shall have full power and authority, in all cases of unsettled claims P. L. 84. mise claims for and disputes between said counties, cities or boroughs, and any railroad company, Counties, cities, arising out of former subscriptions to the stock of such company, or between said &c., may comprocounties, cities or boroughs, and persons claiming to hold the title of such county, subscriptions to city or borough, in said railroad stocks, as purchasers thereof, at judicial sales, to railroad combring or defend, settle or compromise all such claims, actions and suits, whether panies. with said railroad companies, or with such persons as claim to hold the stocks of said municipal corporations, as purchasers thereof, at judicial sales, and to employ counsel for such purposes, and also to sell and dispose of the title of such municipal corporations, in railroad stocks, so as aforesaid claimed by purchasers thereof, at judicial sales, on such terms as said authorities may deem proper. Ibid. § 2. Former compro 23. In all cases where such settlement or compromise may have been heretofore effected, or where such sales may have been made by said municipal authorities, to one of their own number, for a valuable consideration paid, for the purpose mises to be valid. of raising money to settle the railroad indebtedness of such municipal corporations, such settlements or sales shall be regarded as valid, to all intents and purposes. P. L. 20. 24. In case of any unsatisfied judgment, or any suit or process of law, against 23 March 1877 § 1. any township, borough, school or poor district, or other municipal district, in this commonwealth, any tax-payer of said district may inquire into the validity of any Tax-payers may judgment, or defend said district in any suit or judgment, upon petition, accom- become parties to panied by affidavit that said tax-payer believes that injustice will be done to said suits against certain municipal district in said suit or judgment, presented to the court of common pleas (t) in which corporations. said suit may be pending or judgment may exist, shall have the right to come into the court and defend said district in any suit, and inquire into the validity of any judgment against said municipal district, as fully and completely as the offi cers of said district would, by law, have the right to do: Provided, That said To give bond. tax-payer shall, whenever the court shall deem it necessary, file in said court of common pleas a bond, with one or more sufficient sureties, to be approved of by said court, to indemnify and save harmless said district from all costs that may accrue in said suit, subsequently to filing said petition. auditors, and in certain cases. 25. Any ten or more tax-payers of any county of this commonwealth may, in 12 June 1878 § 1. behalf of such county, appeal from the report of its county auditors, to the court P. L. 208. of common pleas of the same county, or prosecute any suit or action in behalf of Tax-payers may said county, or defend such county in any suit, process or action, now pending, or appeal from that may be brought against such county, by appeals from county auditors' reports, reports of county or otherwise: Provided, That if no appeal be entered by county officials, that the defend suits appeal by such tax-payers shall be entered within ninety days after the filing of against the county, such report in the court of common pleas; and the appellants shall enter into Recognizance on recognizance with two sufficient sureties, conditioned that the appellants shall appeal. prosecute said appeal with effect, and pay all costs that may accrue thereon, in case they fail to obtain a final decision more favorable to the county than the report from which such appeal is taken; in all such appeals, the courts of common pleas may direct an issue (u) to be tried by a jury, upon whose verdict final judgment shall be entered, reserving the right of all parties to appeal to the supreme defend. court, as provided in other appeals: Provided further, That before said tax-payers shall be permitted to come into court and prosecute any suit or action, or defend Bond. the county in any suit, process or action as aforesaid, they shall present to the court a petition, signed by them, accompanied by an affidavit of one of their number, that they believe injustice will be done such county, unless they are permitted to defend as aforesaid; and the said tax-payers shall, whenever the court shall deem it necessary, file in said court of common pleas, a bond, with one or more sufficient sureties, to be approved by said court, to indemnify and save harmless said county from all costs that may occur in said suit, process or action, subsequently to filing said petition. IV. Of the public buildings. Petition for leave to prosecute or P. L. 539. 26. It shall be lawful(v) for the commissioners of any county, having first ob- 15 April 1884 § 10. tained the approbation of two successive grand juries, and of the court of quarter sessions of such county, to cause to be erected, at the seat of justice thereof, when of the erection of occasion shall require, such building or buildings as may be necessary for the county buildings. borough: tit. "Boroughs." Against a school district by act 8 May 1854: tit. "Common Schools," 42. And a similar writ may issue to enforce payment of a judgment against the city of Philadelphia. Mondghan v. Philadelphia, 28 P. S. 207. Or the city of Pittsburgh. Evans v. Pittsburgh, 3 Wall. Jr. Č. C. 381. See act 3 May 1852, § 5, as to proceedings against townships in Tioga county. P. L. 530. And act 18 April 1853, § 3, as to McKean county. P. L. 825. (t) This does not authorize the intervention of a tax-payer in a mandamus proceeding in the quarter sessions under the act 31 March 1864. P. L. 162. Lehigh Coal & Nav. Co.'s Appeal, 112 P. S. 360. The right exists only where the proceedings are in the common pleas. Hower's Appeal, 127 P. S. 134. (u) Whether an issue will be directed rests in the sound discretion of the court. Appeal from County Auditors, 2 Leh. Val. 351. (v) These words not only confer an authority but impose a duty; if a proper case, the commissioners are bound to proceed. Commonwealth v. Marshall, 3 W. N. C. 182. P. L. 539. 15 April 1834 § 10. accommodation of the courts and of the several officers of the county, and for the reception and safe keeping of the records and other papers, in charge of such officers, and also such other building or buildings, as may be necessary and proper for the purposes of a county jail and workhouse, and if need be, to purchase ground for the erection of such buildings. (w) Ibid. § 11. Commissioners to keep them in repair. And to alter or enlarge. Ibid. § 12. County officers to keep their offices therein. Penalty for neglect. 17 April 1866 § 1. P. L. 110. Erection of addi the poor. 27. It shall be the duty of the commissioners of every county to keep and maintain the public buildings aforesaid of the county, in suitable and convenient order and repair, and it shall be lawful for them, when necessary, having first obtained the approbation of the grand jury and of the court of quarter sessions of the county, to alter, add to or enlarge such public buildings. 28. It shall be the duties of the several prothonotaries, clerks of the courts of quarter sessions and orphans' court, registers and recorders, and also of the commissioners, auditors, treasurer and sheriff of the several counties, to keep their respective offices, and all public records and papers belonging thereto at the seat of justice of the respective county, and in such building or buildings as may be erected or appropriated for such purpose, under a penalty, in each case, of five hundred dollars, to be recovered by action of debt, one-half thereof to be paid to the treasurer of the proper county, to be applied by him to the payment of the erection or repairs of such buildings, and the other half thereof to be for the use of him who shall first sue for the penalty. 29. In all cases where a poor-house or houses have been or hereafter shall be erected, in any county or counties, under any law of this commonwealth, and the said buildings are found insufficient for the purpose of comfortably sheltering and tional buildings for maintaining the poor, sick or insane of the proper county, it shall be lawful for the county commissioners to erect new or additional buildings for such purposes, or for hospitals, to prevent the spread of infectious diseases among those sent to such institutions: Provided, That before erecting any such new or additional buildings, the construction thereof shall be recommended by the directors of the poor, a grand jury, and the court of quarter sessions of the proper county. Ibid. § 2. Purchase of lands. 9 April 1868 § 1. P. L. 78. of public buildings. 30. Where the land connected with any poor-house within the state shall be deemed insufficient for the comfortable and profitable maintenance and occupation of the poor, or where the land connected therewith shall be found to be useless, unnecessary or unprofitable, it shall be lawful, in the first-named instance, for the county commissioners, on the recommendation of the directors of the poor, a grand jury, and the court of quarter sessions of the proper county, to purchase such additional quantity of land, not exceeding two hundred acres, and to take a deed or deeds therefor in the name of the county, as shall be thought necessary; and in the second-named instance, on like recommendation, to sell at public sale, after due notice, such part of the land held as shall be thought unnecessary and unprofitable to be held, and execute a deed or deeds therefor to the purchaser. 31. When two successive grand juries in any county of this commonwealth have reported in favor of the erection or repair of public buildings, which report Loans may be con- has been approved by the court of quarter sessions of such county, and the funds tracted for erection on hand in the county treasury shall not be sufficient to defray the necessary expenses of the erection and repair of said buildings, it shall be lawful for the county commissioners to borrow the money necessary, and issue the bonds of the county therefor, in amounts not less than fifty dollars, with coupons attached, at a rate of interest not exceeding six per centum, which bonds shall be payable not more than ten years from date, and shall be exempt from taxation for all local and municipal purposes: Provided, That before such loan is contracted, the commissioner shall present a statement of the financial condition of the county to the court of quarter sessions of the county, and secure the approval of such court for such loan: Provided, That this act shall not apply to the counties of Lehigh and Northampton. 14 May 1847 § 1. P. L. 154. 32. It shall be lawful for the county commissioners of any county, having first obtained the approbation of the court of quarter sessions of such county, to sell at Power to sell land public sale any part of any public land reserved for the use of the public buildings, reserved for public not necessary or needed for the use of such public buildings, and to pay the proceeds of such sale into the county treasury of said county; notice of the time and place of such sale to be prescribed by the said court. buildings. 24 April 1879 § 1. P. L. 82. 33. Whenever the court-house or place appointed, by law for holding any of the courts in any county of this commonwealth shall at any time be unsafe, shall Temporary court- have been destroyed or under repairs, it shall be the duty of the county commissioners of such county to procure some other convenient place at the county seat, to be approved by the court of said county, for holding such courts. houses. 1 June 1883 § 1. P. L. 58. 34. It shall be lawful for the county commissioners of any county, on the report of two successive grand juries, heretofore or hereafter to be made, and the ap Purchase of ground proval of the same by the court of quarter sessions of such county, that the necessities of the county require ground at the county seat for the purpose of the erection for building pur poses. (w) This section is not confined to the case of new counties; therefore, the approbation of the court and of two successive grand juries is necessary to author ize the re-building of a court-house. Borough of York v. Commissioners, 6 W. 229. See Commonwealth v. Bowman, 3 P. S. 202. 1 June 1883 § 1. P. L. 58. ment with the owners. appointed. Notice of view. sworn, &c. returned. or extension of such building or buildings as may be necessary for the accommodation of the courts, and of the several officers of the county, and for the reception and safe-keeping of the records and other papers in charge of such officers, and also such other building or buildings, as may be necessary and proper for the purposes of a county jail or workhouse, or any, or either of them, to purchase ground for the purposes aforesaid, subject to the approval of the president judge or judges of the court of common pleas, of the proper county; and in case Proceedings in said ground, so selected by said commissioners for any of the purposes aforesaid, case of disagreecannot be obtained by agreement with the owner or owners, or at a price reasonable in the estimation of said commissioners, or by reason of the absence or legal incapacity of any such owner or owners no such price or value can be agreed upon, the court of common pleas of the proper county, on application thereto by petition of the commissioners of said county, requiring the said ground, shall Viewers to be appoint seven discreet and disinterested freeholders of said county, and also appoint a time, not less than twenty nor more than thirty days thereafter, for said viewers, to meet, at or upon the premises, so to be taken for the purposes aforesaid; of which time and place ten days' notice shall be given by the petitioners to the said viewers, and the other party or parties. And the said viewers, or Viewers to be any five of them, having been first duly sworn or affirmed faithfully, justly and impartially to decide and true report to make concerning all matters and things to be submitted to them, and in relation to which they are authorized to inquire, in pursuance of the provisions of this act, and having viewed the premises, they shall return an accurate description of the ground so proposed to be taken, with the Description and improvements, if any, and estimate and determine the value of all and singular valuation to be the estates or interest in the land or ground, so proposed to be taken for any of the purposes aforesaid, and to whom payable; and shall designate the owner or owners thereof, and make report thereof to the said court; and the report of said viewers, or any four of them, being filed in said court, either party, within thirty days thereafter, may file his, her, its or their appeal from said report to said court, Appeals. and after such appeal, either party may put the cause at issue in the form directed by said court, and the same shall then be tried by said court and a jury; and after Issue. final judgment, either party may have a writ of error thereto, from the supreme court, in manner prescribed in other cases, and if any exceptions be filed with any Writ of error. appeal to the proceedings, they shall be speedily disposed of, and if allowed, a new Exceptions. view shall be ordered; and if disallowed, the appeal shall proceed as before provided and if no appeal is taken or exceptions filed within the time aforesaid, the said report shall be confirmed absolutely, and judgment shall be entered against said county, for the amount found to be due the owner or owners of the ground, so tion. as aforesaid taken for any of the purposes aforesaid; and if the amount thereof And judgment for be not paid within thirty days after the entry of such judgment, to the parties amount. entitled, or into the said court, execution may then issue thereon as in other cases of debt against the said county, for the sums so awarded; and the costs and Execution. expenses incurred shall be defrayed by the said county; and each of the said viewers shall be entitled to three dollars per day, for every day necessarily employed in the performance of the duties herein prescribed, to be paid by said Compensation of county: Provided, That it shall be lawful for said commissioners, in behalf of the county, by themselves, agents or employés, during the pendency of said pro- Ground may be ceedings, to enter upon, take possession of, and occupy and use said ground, for any taken pendente of the purposes aforesaid, having first filed and had approved, by the court, the lite. bond hereinafter mentioned: Provided further, If said ground should have improve- on giving bond. ments thereon, in the actual occupancy of any person or persons, and such person or persons as had his, her or their damages assessed as aforesaid and paid, thirty days' notice to the party or parties, so in actual possession, shall be given to vacate the Absolute confirma viewers. same, and in case of refusal or neglect, on the part of any one to obey said notice, Notice to vacate. it shall be lawful for said commissioners, at the expiration of said thirty days, to enter upon and eject, or cause to be ejected, any of the parties so refusing or neglect- Entry, after notice. ing to vacate, and to use force enough by themselves, agents or employés to accomplish the same. Ibid. § 2. 35. Upon the value of said ground being finally and definitely ascertained, fixed and established, and the payment of the same to the party or parties severally Title to vest in fee entitled thereto, who shall have executed conveyances to the said county of their in county. respective interest in the ground or lands so taken, or in case of the disability, neglect or refusal of any person or persons interested to make such conveyance, then upon payment into court of the sums of money so found to be due such person or persons respectively, the title to the land or ground, and estates or other interests therein thus paid for, shall become vested in fee in the said county so requiring and taking said land or ground, of which the conveyances from the said parties, or an exemplification of the record of the said court in the premises, shall be the proper and sufficient evidence. 36. In all cases where the said county commissioners, and the owner or owners of Bond may be said ground, cannot agree upon the price or value of said ground, or by reason given, in case of disagreement. of the absence or legal incapacity of such owner or owners, no such agreement can be made for said ground, the said county, by its commissioners, shall tender a P. L. 58. Condition. Proceeding when 1 June 1888 § 2. bond, with at least two sufficient sureties, to the owner or owners of said ground or to the attorney or agent of any owner absent, or to the guardian or committee of any one under legal incapacity, the condition of which shall be, that the said county will pay or cause to be paid such amount as the owner or owners shall be entitled to receive for said ground, after the same shall have been agreed upon by the said county commissioners and owner or owners of said ground, or ascertained in the manner provided for by this act: Provided, That in case the said owner or owners refuse or do not accept the said bond as tendered, the said county commissioners shall then give the said owner or owners a written notice of the time when the same will be presented for filing in said court, and thereafter the said county commissioners may present said bond to the said court; and if the bond and sureties are approved, the bond shall be filed in said court, for the benefit of those interested, and recovery may be had thereon, for the value of said ground, as ascertained by said viewers or finally fixed and established by the proceedings aforesaid, if the same be not paid, or cannot be made by execution on the judgment in the issue formed to try the question of the value of said ground; and on the approval of said bond the said county commissioners may lawfully enter upon, and take possession of, said ground, on complying with the aforesaid provisions of this act: Provided, That this act shall not apply to counties containing cities coextensive with the county.(x) 26 April 1889 § 2. to the lands Upon confirma commissioners 37. If any person or persons shall claim adversely to each other, any estate or interest in the ground selected by the commissioners of any county for the purAdverse claimants poses mentioned in the act to which this is a supplement, and the viewers shall not be able to determine who are the owner or owners of said premises, or the value of their estates and interests therein, they shall so report, valuing the ground as a whole, and upon the confirmation by the court of the report of said viewers, if no appeal shall be taken therefrom, the commissioners of the proper county tion, if no appeal, shall pay into the court the whole of the said valuation money, and thereupon the title to the land or ground, and the estates and interests of all the owners thereof, shall become vested in fee in the county requiring and taking said ground; and the court of common pleas of the said county shall, by rule, process or motion, require of all the said claimants to appear therein, and may, by an issue framed between them to be tried by a jury, or by a reference to a master, or by such orders and decisions as shall appear to be just under all the circumstances of the case, determine the estates and interests of said claimants in said ground or valuation money, and upon the final determination of such proceeding, shall direct the said valuation money to be paid to the person or persons ascertained to be entitled thereto. may pay money Court of common claimants. Upon final deter mination money Ibid. 38. In case any of said claimants shall appeal from the award of said viewers, the said county commissioners may, upon filing in the said court, and having approved Upon appeal commissioners to file thereby, a bond in double amount of said award to the said owners and claimants bond and take pos- for the benefit of the persons owning said ground, with at least two sufficient suresession of ground. ties, conditioned for the payment by the county of such an amount as the owner or owners shall be entitled to receive for said ground, when the same shall have been finally ascertained by due course of law, lawfully enter upon and take possesCourt to determine sion of said ground, and the said court shall thereupon proceed to determine the estates and interests of said claimants in said ground, as is hereinbefore provided, when the valuation money is paid into court. Which said proceeding shall be finally determined before the issue framed upon the said appeal shall be tried, and if it be determined that the party appellant has no estate or interest in said ground, his appeal shall be disallowed. interest finally. This whole act is repealed by act 27 June 1895, P. L. 398. April 1878 § 1. Erection of new Ibid. § 2. Ibid. § 3. V. Of new counties. 39. Whenever any county of this commonwealth shall attain to a population of one hundred and fifty thousand or more, or that has already reached the same, it may be divided, and a new county erected therefrom, upon consent of a majority of the qualified electors of the proposed new county district, voting at an election to be called for said purpose. 40. Persons desiring the erection of a new county as aforesaid, shall file in the office of the secretary of internal affairs an application, setting forth the name of the county proposed to be divided, its area in square miles, and the population at the preceding United States census, a particular description of the boundary line of the proposed division, and the distance of the nearest point thereof to the county seat, the name of the proposed new county, the names of the towns and municipalities or parts thereof that will be included, its number of square miles and population said application shall be signed by not less than one thousand of the taxable inhabitants of the said proposed new county district, and shall be verified by the oath of not less than six qualified electors. 41. Whereupon the secretary of internal affairs shall immediately notify the governor and the secretary of the commonwealth, who, together with the secretary (2) This proviso, which was held to render the act unconstitutional in Chester County Court-House, 7 C. C. 212, was repealed by the act 26 April 1889, § 1. P. L. 55. of internal affairs, shall immediately consider said application, and if it shall conform 17 April 1878 § 3. to the constitutional requirements respecting the erection of new counties, they, or P. L. 17. a majority of them, shall forthwith appoint three disinterested commissioners, not Appointment of residents of the county affected, to inquire into and make report concerning the commissioners. same. Ibid. § 4. 42. Said commissioners shall be sworn to perform their duties with fidelity, and they, or a majority of them, shall forthwith cause an accurate survey of said pro- Duties of commisposed new county district to be made, and establish and mark the boundary line of sioners. division of the old county; they shall estimate, as nearly as possible, the population of the proposed new county district, and within sixty days from the time of their appointment, shall file in the office of said secretary of internal affairs an accurate report of all the facts in the premises, together with an accurate map of the proposed new county; if it shall appear from such report that said new county may be established without conflicting with the constitutional provisions as to territory, population, and the nearest distance of the boundary line to the county seat, then the governor shall issue a proclamation ordering an election to be held by the qual- Proclamation for ified voters of the said proposed new county district. election. Ibid. § 5. 43. If any general election shall take place within sixty days from the time of filing said report, then said election shall be held on the same day, otherwise, the When election to governor shall fix the day; and in any event, said proclamation shall be published be held for four consecutive weeks prior thereto, in at least one newspaper published in each town or city where newspapers are now published in the new district. 44. Said election shall be conducted as all other elections in this commonwealth are conducted except as herein otherwise provided. The ballots shall be labelled upon the outside "new county," and upon the inside "for the new county," or "against the new county," as the elector may desire to vote. Ibid. § 6. Conduct of election. Ibid. § 7. Place of holding 45. In case of a division of a town by the proposed boundary line, leaving the fraction thereof in the proposed new county, without a polling-place, it shall be the duty of the commissioners aforesaid to fix a place for holding such election; and election. it shall further be the duty of said commissioners to attend to the details of holding said election; they shall cause said proclamation to be published, shall furnish Further duties of the proper blanks to the election officers for holding the same, and upon the second day after said election, shall attend at such time and place as the governor shall fix in his proclamation, to receive the returns of said election and compute the same. commissioners. Ibid. § 8. Returns of elec 46. The judges of election in the several precincts shall, immediately upon the vote being counted, cause duplicate returns thereof to be made, one of which shall be sealed up and deposited in the nearest post-office, directed to the secretary of tion. internal affairs, at Harrisburg, the other, together with all papers pertaining thereto, shall, on the second day after said election, be delivered to the commissioners aforesaid, or a majority of them, at such time and place as shall be fixed by the governor aforesaid. The said commissioners shall at once proceed to compute said returns, and as soon as possible certify the result, under oath, to the governor. They shall carefully keep all papers relating to the same, together with a duplicate certificate of the result, and in case of the establishment of the said new county, shall, as soon as a prothonotary shall be appointed, deposit the same in (his) said office. 47. In case the majority of votes cast at said election shall be in favor of the creation of said new county, the governor shall forthwith issue a proclamation declaring the same; and thenceforth said new county shall be established, with all the rights, powers and privileges of other counties of this commonwealth. Said proclamation, together with the original report of said commissioners, shall be recorded in the office of the secretary of internal affairs. 48. All actual expenses of said commissioners, together with five dollars per day, each, for every day necessarily employed, shall be paid by warrant duly drawn upon the state treasurer; and in case of the erection of said new county, the same shall be reimbursed by said new county. 49. The governor shall immediately appoint and commission for the new county the necessary county officers, as provided by law, who shall perform the duties, have the power, and be subject to the like qualifications, as have county officers of this commonwealth, and shall continue in office until the next general election, and until their successors shall be duly elected and qualified. Ibid. § 9. Proclamation of new county. Ibid. § 10. Expenses. Ibid. § 11. Appointment of county officers. Ibid. § 12. Duties of county 50. The commissioners of the county, so as aforesaid appointed, shall designate a place which shall be the county seat for the time being, they shall provide a place for holding the courts, and such other necessary buildings as may be proper; commissioners. and for such purpose, as well as to meet necessary expenses in the organization of said county, are hereby empowered to issue interest-bearing bonds, not to exceed the sum of ten thousand dollars. Ibid. § 13. 51. The judicial, senatorial and representative districts shall, for the time being, remain unchanged; and on the second Monday after the proclamation of the Judicial, senatorial governor establishing said new county, the judges of the several courts of said and representative county, or a majority of them, shall meet and organize the several courts thereof; districts. they shall determine and fix the number of terms, return-days, and do all things |