Pennsylvania Act 1889-59 — SUPPLEMENTARY ACT, COUNTY BUILDINGS

Act text

SUPPLEMENTARY ACT, COUNTY BUILDINGS
                  Act of Apr. 26, 1889, P.L. 55, No. 59               Cl. 16
                               A SUPPLEMENT

     To an act, entitled "An act empowering and directing the county
        commissioners of any county to purchase ground at the county
        seat for the erection thereon 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, when occasion shall require the erection of
        such building or buildings, and in case the said ground
        cannot be obtained by agreement with the owner or owners at a
        reasonable price in the estimation of said commissioners,
        then to resort to condemnation," approved the first day of
        June, Anno Domini one thousand eight hundred and eighty-
        three, repealing the second proviso to the third section of
        said act, and regulating the manner of procedure where there
        are adverse claimants to the ground condemned.

        Section 2.  Determination of interests of adverse claimants
        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 purposes mentioned in the
     act (act of 1883, June 1, P.L. 58 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 shall pay into 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.
        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 thereby, a bond in double
     amount of said award to the said owners and claimants for the
     benefit of the persons owning said ground, with at least two
     sufficient sureties, 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
     possession 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 proceedings 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.  1889, April 26, P.L. 55, Sec. 2.