52. All the rights and privileges and duties now by law accorded to and imposed 23 May 1887 § 2. upon lien creditors purchasing at judicial sales, be and the same are hereby extended to said corporations so purchasing as aforesaid.

P. L. 176. Rights, &c., of lien creditors extended

53. The time during which all corporations are authorized by law and their to such corporacharters to hold and convey real estate acquired by them under execution or in tions. 22 May 1878 § 1. satisfaction of debts, be and the same is hereby extended to all property heretofore P. L. 96. bought and now held by such corporations, for and during a further period of five Time for holding years from and after the expiration of the time during which, as aforesaid, they are real estate purnow so authorized to hold and convey the same.(p)

chased under execution extended.

hold and convey

54. It shall be lawful for all corporations and joint-stock companies or associa- 1 June 1851 § 1. tions, chartered, created or existing under the laws of any other state, or of any P. L. 38. foreign country, for the purpose of carrying on the business of insurance, to take, Foreign insurance hold and enjoy, in any part of this commonwealth, either in its corporate or associ- companies may ate name, or by a trustee or trustees, real estate and premises in which such cor- real estate. porations, joint-stock companies or associations shall carry on their said business, and to mortgage or convey the same, or any part thereof, and to lease any part of the buildings erected thereon, not requisite for the transaction of their said business.

L. 35.

lease, erect or pur

estate.

55. It shall be lawful for any company incorporated under the laws of any other 17 April 1889 § 1. state of the United States, for the transportation of passengers and freight by steamboats or other vessels, upon or over any river or waters between this state Corporations of and any other state, to lease, erect or purchase offices, piers, warehouses and other other states may buildings necessary for its business, and to hold in this state either in its corpo- chase offices, &c. rate name, or by a trustee or trustees, real estate necessary for the transaction of its business; to lease, erect or purchase and maintain any riparian rights for the lay- May hold real ing, landing or dockage of its steamboats or other vessels, and to mortgage and convey said real estate or any part thereof: Provided, That nothing herein contained shall be deemed to prevent or relieve any real estate held by any such Real estate so held corporation from being taxed in like manner as other real estate in this commonwealth. And the title of any real estate in this commonwealth now held or in trust for any such corporation, for the purposes aforesaid, is hereby confirmed Act to extend to with the same effect as if said real estate had been purchased, held and owned fore acquired. under the provisions of this act: And provided further, That the provisions of this act shall apply only to companies that have been duly registered in the proper offices of this commonwealth, as required by law, for the purposes of taxation:(q) 56. All laws inconsistent with this act are hereby repealed.

to be subject to taxation.

real estate hereto

register to receive

Companies must

benefits of this act. Repealing clause.

8 June 1898. P. L. 391. Certain foreign

hold lands not ex

57. It shall be may be lawful for any company incorporated under the laws of any other state of the United States for the manufacture of any form of iron, steel, glass, lumber or wood, or for the conversion, dyeing and cleansing of cotton and other fabrics, or for the manufacture of cotton or velvet or other fabrics, or for the corporations may manufacture of pyroligneous acids, acetate of lime and charcoal by the process of erect buildings and destructive distillation, or the preparation of cattle hair for use, or for the manu- ceeding one hunfacture of carbon dioxide and magnesia and the products thereof and composi- dred acres. tions, articles and apparatus from and in connection therewith, or for the manufacture of extracts out of wood, bark, leaves and roots, or any other extract for tanning, cleansing, dyeing or other purposes, or for the manufacture or printing of wall-paper, lithographs or prints, and mining and manufacture of any clay into brick tile and various other articles and products produced from clay, and from clay and other substances mixed therewith, to erect and maintain buildings for such manufacturing purposes, and for offices and salesrooms, or either, within this commonwealth, and to take, have and hold real estate, not exceeding one hundred acres, necessary and proper for such manufacturing purposes, and for offices, dwellings and salesroom, or either, and to mortgage, bond, lease or convey the same or any part thereof: Provided, That nothing herein contained shall be deemed to prevent or relieve any real estate taken and held by any such foreign corporation under the provisions of this statute from being taxed in like manner with other real estate within this commonwealth: And provided further, That no such foreign corporation shall be entitled to employ any greater amount of capital in such business in this state than the same kind of corporations organized under the laws of this state are entitled to employ: And provided further, That every such foreign corporation doing business as aforesaid in this commonwealth shall be liable to taxation to an amount not exceeding that imposed on corporations organized for similar purposes under the laws of this state, and every such foreign corporation taking the benefit of this act shall make the same returns to the auditor-general that are required by law to be made by corporations of this state under similar circumstances.(r)

58. The title to any real estate in this commonwealth now held by, or in trust

(p) Revived and continued in force for a further period of five years, by act 22 May 1883, P. L. 41; and for further periods of five years by the acts 26 May 1887, P. L. 274, and 18 May 1893, P. L. 88.

(q) See Commonwealth v. Railroad Co., 132 P. S. 591; overruling s. c. 114 Ibid. 340.

Ibid. § 2.

(r) This is an amendment of the act 30 June 1891, P. L. 39, which was an amendment of the act 28 April 1887, P. L. 76, which was itself an amendment of the act 25 June 1885, P. L. 179, which amended the act 9 June 1881, P. L. 89.

8 June 1593 § 2.

P. L. 391.

Title to real estate

confirmed. Repeal.

16 June 1893.

P. L. 467.

Power extended

to companies for quarrying slate, granite, stone or

rocks, or for dress

ing, polishing or manufacturing the

same, and to min

eral springs bottling companies.

19 April 1844 § 1.

P. L. 313.

Lands held by as

signees for creditors not to be forfeited.

1 June 1881 § 3. P. L. 35.

Existing titles confirmed.

25 June 1885 § 2. P. L. 179.

Title confirmed.

29 May 1889. P. L. 395.

indefeasible as to right of escheat.

for, any such foreign corporations for the purpose aforesaid is hereby confirmed to the same effect as if the said real estate has been purchased, held or owned under the provisions of this act.

59. All acts or parts of acts inconsistent herewith be and the same are hereby repealed.

60. It shall and may be lawful for any company incorporated under the laws of any other state for the manufacture of any form of iron, steel or glass or for the quarrying of slate, granite, stone or rocks of any kind, or for dressing, polishing or manufacturing the same, or any of them, or for any mineral springs company incorporated for the purpose of bottling and selling natural mineral spring water, to erect and maintain buildings and manufacturing establishments within this commonwealth, and to take, have and hold real estate not exceeding one hundred acres necessary and proper for corporate purposes: Provided, That nothing herein contained shall be deemed to prevent or relieve real estate taken and held by any such company under the provisions of this statute from being taxed in like manner with other real estate within this commonwealth: And provided further, That no foreign corporation shall be entitled to employ any greater amount of capital in any such business in this state than the same kind of corporations organized under the laws of this state are entitled to employ: And provided further, That every such foreign corporation, doing business as aforesaid in this commonwealth, shall be liable to taxation to an amount not exceeding that imposed on corporations organized for similar purposes under the laws of this state, and every such foreign corporation taking the benefit of this act shall make the same returns to the auditor-general that are now required by laws of the corporation of this state. (s)

VII. Confirmations of title.

61. So much of the statutes of mortmain, and of any other disabling laws, acts or statutes as tends to invalidate the titles to any lands, tenements or hereditaments, in this commonwealth, now held by assignees or trustees, for the benefit of creditors (of any corporation or corporations chartered by this commonwealth), be and the same is hereby repealed.

62. The title to any real estate in this commonwealth, now held by, or in trust for, any such corporation or joint-stock company or association, for the purposes aforesaid, (t) is hereby confirmed, to the same effect as if the said real estate had been purchased, held or owned under the provisions of this act.

63. The title to any real estate in this commonwealth, now held by or in trust for any such foreign corporation, for the purposes aforesaid, (u) is hereby confirmed to the same effect as if the said real estate has been purchased, held or owned under the provisions of this act.

64. Where any conveyances of real estate in this commonwealth have heretofore been made by any church, religious, eleemosynary or charitable corporaPrior conveyances tion, or corporations of another state, to any citizen of the United States, or to any corporation chartered under the laws of this commonwealth and authorized to hold real estate, before any inquisition shall have been taken against the real estate so conveyed to escheat the same, such citizen or corporation grantee shall hold, and may convey such title and estate, indefeasible as to any right of escheat in this commonwealth by reason of such real estate having been held by an alien or corporation not authorized to hold the same by the laws of this commonwealth.

7 June 1891. P. L. 249.

Grantee before in

quisition to hold and convey good title.

9 June 1891 § 1. P. L. 252.

Titles held by foreign corporations confirmed. Ibid. § 2.

Repealing clause.

65. Where any conveyances of real estate in this commonwealth have been made by any alien, or any foreign corporation or corporations of another or of this state, or by the officers of any such corporation after dissolution or expiration of charter, to any citizen of the United States or to any corporation chartered under the laws of this commonwealth and authorized to hold real estate, before any inquisition shall have been taken against the real estate so held to escheat the same, such citizens or corporation, grantee as aforesaid, shall hold and may convey such title and estate indefeasibly, as to any rights of escheat in this commonwealth, by reason of such real estate having been held by an alien or corporation not authorized to hold the same by the laws of this commonwealth. (v)

66. The title to any such real estate in this commonwealth now held by or in trust for any such foreign corporation, and acquired at any judicial sale, is hereby confirmed to the same effect as if the said real estate had been purchased, held or owned under the provisions of this act.(w)

67. All acts or parts of acts inconsistent herewith, be and the same are hereby repealed.

(s) This is an amendment of the act 9 June 1891, § 1, P. L. 89.

(t) This act included all foreign corporations, jointstock companies or associations chartered for the purpose of carrying on the business of insurance.

(u) This act included corporations for the manufacture of any form of iron, steel, glass, lumber or wood, or for the conversion, dyeing and cleansing of cotton and other fabrics, or for the manufacture of pyroligneous acids, acetated lime and charcoal by the

process of destructive distillation, or the preparation of cattle hair for use. See also the act 8 June 1893, $2, P. L. 391, supra 58.

(v) This is an amendment of the act 6 June 1887, P. L. 350. See the acts 9 January 1861, P. L. 2; 26 April 1869, P. L. 96; 1 May 1861, P. L. 433; 8 May 1876, P. L. 127; 22 May 1878, P. L. 85; and 8 April 1881, P. L. 9.

(2) This is an amendment of the act 23 May 1887, $ 3, P. L. 176.

1. Fines and common recoveries heretofore(x) levied and suffered within the 27 Jan. 1749-50 § 1. province of Pennsylvania, or which shall at any time or times hereafter be levied 1 Sm. 203. or suffered within the said province, duly and according to the common or statute Estates tail to be laws of England, (y) either in the supreme court of judicature within the said barred by fine or province, or in any of the county courts for holding of pleas, within the said prov- recovery. ince, respectively, in which the houses, lands, tenements or hereditaments entailed, do or shall lie, shall be and are hereby declared to be of like force and effect, to all intents, constructions and purposes, for barring estates so entailed, as fines and common recoveries, by the laws of England aforesaid, there levied or suffered, of lands, tenements and estates entailed within that realm, are received, declared or enacted to be.

Ibid. § 2.

2. Provided, That it shall and may be lawful for any person or persons, either by appeal or writ of error, as the case may require, to seek and obtain redress Writ of error or against any error or errors which have happened, or may happen, in such pro- appeal allowed. ceedings.(z)

16 Jan. 1799 § 1.

3 Sm. 338.

3. Any person or persons seised (a) of an estate tail, in possession, reversion or remainder, shall have full power to grant, bargain, sell and convey any lands, tenements or hereditaments, whereof he, she or they shall be so seised, by such man- Estates tail may be ner and form of conveyance or assurance, as any person seised of an estate in fee barred by deed. simple may, by the laws of this state, grant, bargain, sell and convey any lands, tenements or hereditaments, whereof such person is seised of an estate in fee simple; and all and every such grants, bargains, sales and conveyances of any person or persons so seised in tail, shall be good and available, to all intents and purposes, against all and every person and persons, whom the grantor, bargainor or vendor might or could debar by any mode of common recovery, or by any way or means whatever.(b)

Ibid. § 2.

How deeds to bar

4. Where any person or persons, having been seised of any estate tail, in possession, reversion or remainder, of any lands, tenements or hereditaments, hath or have granted, bargained, sold or conveyed the same to a bonâ fide purchaser, estates tail to be for a good and valuable consideration, in the same manner and form of conveyance executed, acand assurance, as if he, she or they had been seised thereof in fee simple, it shall knowledged and and may be lawful for such person or persons, and his, her or their heirs, inheritable to such estate tail, to convey and confirm such lands, tenements, and heredita

(x) Previously to this act, the only way of docking an entail was, by taking the lands in execution in a suit against the executors of the decedent. Morris V. Smith, 1 Y. 244. See Lyle v. Richards, 9 S. &. R. 330-1. But a collateral warranty of the ancestor, with sufficient real assets, would bar the heir in tail. Kesselman v. Old, 4 Dall. 168. Eshelman v. Hoke, 2 Y. 509. And see Dewitt v. Eldred, 4 W. & S. 414.

(y) In a common recovery, the tenant to the præcipe must be tenant by a legal title. Stump v. Findlay, 2 R. 168. Where lands of tenant in tail are sold by the sheriff, and the vendee obtains possession, and suffers a common recovery, wherein he vouches the tenant in tail, it is good. Sharp v. Petit, 4 Y. 413. A common recovery suffered by tenant for life, whether valid or not, works a forfeiture of the particular estate, and destroys a contingent remainder. Stump v. Findlay, 2 R. 168. Dunwoodie v. Reed, 3 S. & R. 435. Lyle v. Richards, 9 Ibid. 322. see Sharp v. Thompson, 1 Wh. 139. Harris v. McElroy, 45 P. S. 216. Linn v. Alexander, 59 Ibid. 43. But not an executory devise, mounted on a qualified or de

And

recorded.

(z) See tit. Errors and Appeals," 2.

(a) Notwithstanding a sheriff's sale of the estate of a tenant in tail, he is not so divested of the inheritance, that he may not afterwards execute a deed for the purpose of barring the issue in tail. Elliott v. Pearsoll, 8 W. & S. 38; s. c. 4 Clark 157.

See

(b) A conveyance by tenant in tail, and an adverse possession thereunder for the statutory period, after a right of entry has accrued to the issue, will bar the estate tail; but not, it seems, the remainders dependent thereon. Tiernan v. Roland, 15 P. S. 429, Dunwoodie v. Reed, 3 S. & R. 443, 453. Stump v. Findlay, 2 R. 176. A parol partition by a tenant in tail with his brothers and sisters, and a deed by him to them, for their shares, accompanied by possession for forty years, will not bar an estate tail, the statute not having run against the issue. George v. Morgan, 16 P. S. 95.

3 Sm. 338.

16 Jan. 1799 § 2. ments, to such purchasers thereof, their heirs and assigns, in the same manner, and by such form of conveyance, as he, she or they might have done, had he, she or they, at the time of such grant, bargain, sale or conveyance, been seised of the said lands, tenements or hereditaments in fee simple; and such conveyance and confirmation shall be good and available, to all intents and purposes, against any person or persons claiming by virtue of such estate tail, or in remainder or reversion after such estate tail, (c) as such grantor, bargainor or vendor might or could have debarred by any mode of common recovery, or by any ways and means whatsoever, previously to such grant, bargain, sale or conveyance, any law or usage to the contrary notwithstanding: Provided, That every grantor, bargainor or vendor, by virtue of this act, shall in the conveyance or assurance made by him, her or them, state his, her or their intention thereby to debar any estate tail, in possession, reversion or remainder, that he, she or they hath or have in the lands, tenements or hereditaments so intended to be granted: And provided also, That every conveyance or assurance by virtue of this act, being first proved or acknowledged agreeably to the laws of this commonwealth, shall, in open court, on motion, (d) be entered on the records of the supreme court of this commonwealth, or on the records of the court of common pleas for the county in which the said land or tenements so granted lie in the manner commonly used with respect to sheriffs' deeds; and shall also be recorded, (e) within six months next after the execution of the said conveyance or assurance, in the county where the said lands or tenements so granted shall lie.

10 April 1851 § 5. P. L. 506.

Certain deeds to

bar estates tail validated.

14 April 1859 § 1. P. L. 670.

Judgment or de

5. All deeds heretofore duly made, and on motion in open court, entered among the records thereof, in conformity with the act of 16th January 1799, entitled "An act to facilitate the barring of entails," although not recorded within six months next after the execution thereof, in the office for recording deeds, shall be equally available and valid within the intent of said act: Provided, That the same shall have heretofore been recorded in such office.

6. Any final judgment or decree in partition, or sale of real estate under order of the orphans' courts, or other judicial sale, shall bar an estate tail with like effect as if the same had been barred by fine or common recovery, or by deed, according to an act of assembly, entitled "An act to facilitate the barring of entails,” passed or judicial sale, to 16th January 1799; and the person to whom the real estate is decreed, or the purchaser thereof, shall take an estate in fee simple.

cree in partition,

bar estate tail.

27 March 1865 § 1. P. L. 44.

Deeds to bar estates tail may be entered and recorded at the in

stance of the grantor or grantee.

27 April 1855 § 1. P. L. 368.

7. Whenever any deed or deeds shall have been, or may hereafter be, executed by any tenant in tail for the purpose of barring an estate tail in any lands, tenements or hereditaments in this commonwealth, and the said deed or deeds have been or shall be entered on the records of the court of common pleas, and also recorded in the recorder's office of the county where the lands lie, such deed or deeds shall be equally available, whether entered or recorded at the instance of the grantor or grantee.

8. Whenever hereafter(g) by any gift, conveyance or devise, an estate in fee tail would be created according to the existing laws of this state, (h) it shall be taken Words creating an and construed to be an estate in fee simple, and as such shall be inheritable and freely alienable.(i)

estate tail to vest a fee simple.

21 May 1874 § 1. P. L. 221.

When implied entails to be barred.

Ibid. § 2. How tenants in

9. In all cases of implied entailments, twenty-one years' actual possession of the premises and treatment of the estate as a fee simple by the donee and those claiming through or under him, by grant in form of conveyance, in fee simple or by judicial sale, shall be held a complete bar of such implied or supposed entailment : Provided, That such bar shall not operate against any inheritance that may have vested in any heir in tail before the passage of this act.

10. All persons so holding or having so held under any such donee, and the survivor or survivors of any such as so held in common, may, either before or tail may bar such after alienation by them of the whole or any part of the premises so as aforesaid to them conveyed, bar such implied or supposed entailment thereof, as fully and completely as the donee might have barred the same, in pursuance of any existing law, in the manner following, viz.: They shall execute, under the proper hand and seal, of each, a declaration of their purpose to bar any supposed entailment of the

entails.

(c) Greenawalt v. Greenawalt, 71 P. S. 483. Moody v. Snell, 81 Ibid. 359. Boyd v. Wingate, 13 W. N. C. 56.

(d) Where a deed to bar an estate tail has been regularly acknowledged in open court, and entered among the records, it will be presumed that the entry was made, on motion, in pursuance of the act. Robb v. Ankeny, 4 W. & S. 128.

(e) A deed by tenant in tail, purporting to bar the entail, but not recorded as required by law, though ineffectual as against the issue in tail, is good to convey the grantor's life-estate, so as to enable the grantee to maintain ejectment. George v. Morgan, 16 P. S. 95. Theological Seminary v. Wall, 44 Ibid. 353.

A devise to a charity will not, in this state,

bar the entailment. Theological Seminary v. Wall, ut supra.

(g) This act does not apply to a devise that went into effect before its passage. Price v. Taylor, 28 P. S. 107. Reinhart v. Lantz, 37 Ibid. 488.

(h) Estates tail are not within the intestate act, but descend according to the course of the common law. Guthrie's Appeal, 37 P. S. 10. Reinhart v. Lantz, Ibid. 491.

(i) The effect of this act is to make the statute de donis inoperative, and to revive the common law as it previously existed; while it converts those which would have been estates tail, had it not passed, into estates in fee simple, it has no effect upon executory devises. Nicholson v. Bettle, 57 P. S. 384. See Hicks v. Van Zandt, 12 Johns. 169, contrà.

P. L. 221.

premises mentioned therein, which declaration shall be duly acknowledged by them 21 May 1874 § 2. before some person authorized to take acknowledgment of deeds, and thereupon shall be recorded by the recorder of deeds of the proper county; and from the filing thereof by such recorder, such supposed entailment shall be held fully and completely barred.

P. L. 180.

11. In all cases of entailments express or implied, any person or persons claim- 20 June 1888 § 1. ing through or under the tenant entail by conveyance in fee simple or by judicial sale, may at any time bar the entailment in the manner provided in the second Persons claiming section of the act to which this is a supplement, as fully and with like effect as the under tenants in tail may bar such tenant entail could bar the same under any existing law. entails,

ESTREPEMENT.

See WASTE.