Pennsylvania Act 1905-38 — SUPPLEMENTING ACT, SCHOOLS, TITLE TO REAL ESTATE

Act text

SUPPLEMENTING ACT, SCHOOLS, TITLE TO REAL ESTATE
                  Act of Mar. 24, 1905, P.L. 54, No. 38               Cl. 24
                           A FURTHER SUPPLEMENT

     To an act of Assembly, approved the eleventh day of April, Anno
        Domini one thousand eight hundred and sixty-two, entitled "A
        further supplement to an act, entitled 'An act for the
        regulation and continuance of a system of education by common
        schools,' approved the eighth day of May, Anno Domini one
        thousand eight hundred and fifty-four," authorizing the board
        of school directors in any school district to sell and convey
        any real estate, buildings and property, the title to which
        shall have been acquired from the trustees of any academy or
        seminary in the Commonwealth, under and by virtue of said
        acts of Assembly, whenever such real estate, buildings and
        property shall have become useless to such school district,
        by reason of dilapidation and decay, or otherwise; and
        providing for the disposition of moneys or funds received
        from such sale and conveyance; and ratifying and confirming
        any sales of such property heretofore made on account of and
        for similar reasons, provided no litigation or question of
        title, now pending and undetermined, shall be affected
        hereby.

        Section 1.  Be it enacted, &c., That in all cases where the
     trustees of any academy or seminary in this Commonwealth, which
     received money or land therefrom for educational purposes, have
     conveyed the real estate, buildings and property, and funds of
     or belonging thereto, to the board of directors and their
     successors in office of the common schools of the district in
     which the main building thereof was situated, in pursuance to
     the authority contained in section sixteen of the act of April
     eleventh, one thousand eight hundred and sixty-two; and said
     school directors or their predecessors in office of any such
     district shall have acquired title, by conveyance as aforesaid,
     to any such real estate, so held by trustees or others for the
     general use of a neighborhood, under and by virtue of said last
     above recited act, and in pursuance to the provisions of section
     eighteen, placitum second, of the act approved the eighth day of
     May, one thousand eight hundred and fifty-four; and any of such
     real estate, buildings and property, by reason of the falling
     into dilapidation and decay thereof, or the purchase of or
     acquiring title to other real estate, buildings or property by
     said district, better adapted to the purposes of education; and
     the said original real estate, buildings and property have
     become useless to the said district by reasons as aforesaid, or
     from any cause whatsoever, for the purposes of common school
     education; and the same or any thereof shall no longer be
     necessary for the purposes of the establishment and support of
     the schools, and for the use according to the intendment and
     purposes of the grant and conveyance thereof by said trustees or
     others to such district, under and by virtue of said act, that,
     in such cases, it shall be lawful for the said school directors,
     their survivor or survivors, or successors, to sell any such
     real estate, buildings and property, as aforesaid, at public
     sale, for the best price which shall or may be obtained for the
     same; a majority of said school directors first having, by
     resolution duly passed and adopted at a regular meeting of said
     school board, sanctioned such sale; and the same to grant,
     convey and assure to the purchaser or purchasers, the heirs and
     assigns thereof, by deed or deeds and conveyances, duly
     executed, according to the provisions of the law relating to the
     sales of real estate and property of any school district; and
     the title, thereby vested in such purchaser or purchasers
     thereof, shall be held and enjoyed absolutely, freed and
     discharged of and from any trust or condition as to the use
     thereof, or charge or claim of any nature or kind whatsoever
     thereon, forever.
        Section 2.  That in all cases where such sale and conveyance
     shall be made of said real estate, buildings and property, under
     the provisions of section one hereof, the purchase money or
     consideration arising from such sale shall be paid over to the
     treasurer of the said school district, for the use of said
     district; and the same shall and may only be used, expended and
     employed by the board of school directors for the erection of
     new school buildings, the purchase of school furniture, the
     necessary equipment of any new school building, erected in place
     of the buildings or property so sold, or for the making of
     additions or alterations to any school building erected, or the
     improvement and beautifying of the school grounds appurtenant to
     any school building in said district.
        Section 3.  That in case any real estate, buildings and
     property, conveyed to any school district by the trustees of any
     academy or seminary by virtue of the acts of Assembly
     hereinbefore recited, and providing for such sale, shall or may
     have been heretofore sold or disposed of by the board of
     directors of such school district, so having acquired title
     thereto, such sale or sales and disposition of said real estate,
     buildings and property, so heretofore made, and the purchaser or
     purchasers thereof, their heirs or assigns, being now in the
     possession and enjoyment thereof, shall be and the same is and
     are hereby ratified and confirmed; and the title, so vested in
     any purchaser or purchasers thereof, shall be and remain firm
     and stable in such purchasers, their heirs and assigns, freed
     and discharged of and from any trust, condition as to the use
     thereof, or charge or claim of any nature or kind whatsoever
     thereon, forever: Provided, That the provisions of this act
     shall not affect or apply to any suit, action, or other
     proceeding in law or equity, now brought, or pending and
     undetermined, which shall or does relate thereto, or may or
     could be affected hereby.