dyeing or other purposes, or for the manufacture or printing of wall paper, lithographs or prints, and mining and manufacturing 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 the 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 salesrooms, or either, and to mortgage, bond, lease or convey the same or any part thereof (Act of June 8, 1893, sec. 1, P. L. 389, amending and supplementing Acts of April 13, 1891, P. L. 39, April 28, 1887, P. L. 77, June 25, 1885, P. L. 179, June 9, 1881, P. L. 89). Also foreign corporations formed for the manufacture of any form of iron, steel, paper, wood pulp, chemical fibre or glass, or for the quarrying of slate, granite, cement rock, stone or rock of any kind, or for the 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 springs water, or any company incorporated for the purpose of manufacturing, supplying and sale of ice or manufacturing and selling garden and horticultural implements, and dealing in seeds, plants, bulbs and flowers, or for the manufacture of and sale of foodstuffs and eatables, cement and cement products, and the quarrying of cement rock, or for the manufacture, buying, selling, leasing, using and operation of electrical apparatus and machinery, and articles of every kind appertaining to or in any wise connected with the production, use, regulation, control, distribution, or application of electricity, or electrical energy or products, for any use or purpose, constructing, acquiring, using, selling, buying or leasing any works, construction, or plant, or any part thereof, connected with, or involving such use, distribution, regulation, control, or application of electricity, or the control or use of electrical apparatus for any purpose, and of producing, furnishing, and supplying electricity or electrical apparatus in any form and for any purpose, and to carry on a general manufacturing business are authorized by law, to erect and maintain buildings and manufacturing establishments within the Commonwealth and to take, have and hold real estate to an amount necessary and proper for corporate purposes (Act of April 19, 1901, P. L. 86, as amended and supplemented by the Acts of May 28,

1907, P. L. 266, April 27, 1909, P. L. 173, April 20, 1911, P. L. 68, June 23, 1911, P. L. 1115).

Also foreign corporations, the net profits of which are required by its charter to be applied to religious and charitable uses, engaged in this State in the publication and sale of books, tracts, newspapers, periodicals and such other business commonly connected with publishing and book-selling, who have a duly authorized agent or agents as required by existing laws for the purpose of carrying on business may take, hold and enjoy real estate either in its corporate name or in the name of trustees or agents to an amount not exceeding twenty thousand dollars in clear yearly value or income 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 business (Act of June 24, 1895, P. L. 238).

Also foreign corporations formed for the purpose of transportation of passengers and freight by steamboats or other vessels, upon or over any river or waters between this State and any other state, may lease, erect or purchase offices, piers, warehouses and other buildings necessary for its business, and to hold in this State, either in its corporate 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 laying, landing or dockage of its steamboats or other vessels and mortgage and carry said real estate or any part thereof (Act of April 17, 1889, P. L. 35).

Also foreign corporations incorporated for the purpose of the establishment, maintenance and continuance of a ferry or bridge between this State and any other state may hold, erect and maintain piers, offices, warehouses and all other buildings and structure necessary for the maintenance of such ferry or bridge and conducting the freight and passenger business to be moved thereby, and may hold, mortgage, lease or convey such real estate necessary for said purposes (Act of June 6, 1887, P. L. 352).

Also foreign corporations may hold and convey not exceeding three hundred acres of land in the Commonwealth for mining purposes (Act of July 22, 1863,* sec. 2, P. L. [1864] 1098).

*But this act was repealed two years later by the Act of April 23, 1865, P. L. 32, which, however, expressly provided that any rights acquired before the repeal should not be impaired.

Also foreign corporations, or joint stock companies or associations, formed for the purpose of carrying on the business of insurance, are authorized to take, hold and enjoy in any part of this Commonwealth either in its corporate name or by trustees, real estate and premises in which the business is carried on and to mortgage or convey the same and to lease any part of the buildings erected thereon not requisite for the transaction of their said business (Act of June 1, 1881, sec. 1, P. L. 38).

There is one other exception to the general rule that foreign corporations can hold no land in Pennsylvania, and that is, that they may under the Act of May 23, 1887 (P. L. 176), purchase such real estate at a sheriff's sale as may be necessary to protect their lien, but real estate so bought must be disposed of in ten years from date of purchase.* The Act of June 23, 1911, P. L. 1114, gives to foreign corporations properly registered but not entitled to hold real estate the right to convey away such property as they may have acquired before passage of this act free from any escheat claim of the Commonwealth.

Right of Corporations to Mortgage in Pennsylvania.-Such corporations as may hold real estate may mortgage their holdings. Originally this could be done as freely as an individual, but since the Constitution of 1874, certain conditions and restrictions must be complied with as set forth in the General Corporation Act of 1874, certain conditions and restrictions must be complied with as set forth in the General Corporation Act of 1874 (Act of April 29, P. L. 73), and its supplements, and the Act of May 21, 1889, P. L. 257).

40. Unincorporated Societies and Churches.

Unincorporated associations or societies in general cannot hold or alien land in the society name, but the title will be treated as being in individual members just as in a partnership. There is, however, an exception in the case of charitable and religious societies and churches (Phipps v. Jones, 20 Pa. 263; Burton's Appeal, 57 Pa. 217). The title remains in the charitable society or church and where there is a split in the congregation the title to the property is adjudged to be in that part of the congregation which is in harmony with the laws and customs accepted by the

*The time limit of this act was extended for five years by Act of June 8, 1897, P. L. 136, and again for five years by the Act of February 5, 1903, P. L. 4

whole body before the division took place (Landis' Appeal, 102 Pa. 467; Krecher v. Shirey, 163 Pa. 534).

41. Partners.

Real estate held by partners for the purpose of the business is regarded in law as forming part of the assets and hence treated as personal property (West Hickory Asso. v. Reed, 80 Pa. 38). The question often arises whether real property purchased jointly was intended to be firm property. The Supreme Court in Pennsylvania has held that the mere fact of taking the property in the joint names will not make it partnership property (Stover v. Stover, 180 Pa. 425; Cundey v. Hall, 208 Pa. 335). To avoid this, the fact that the land is purchased by the firm for the use of the firm's business, should be set out in the deed or some instrument in writing duly filed of record so that individual creditors be not deceived (Gunison v. Dime Savings Bk., 157 Pa. 303; Cundey v. Hall, 208 Pa. 335).

CHAPTER IV.

METHODS OF ACQUIRING TITLE BY PURCHASE. INSTRUMENTS OF CONVEYANCING. AGREEMENTS OF SALE.

We will now consider the modern methods of conveying. It is generally known that the actual transfer or conveyance of title to land is made by an instrument called a deed. But before we come to the deed there must have been an agreement between the buyer and seller as to the price to be paid and other terms. This agreement which for reasons to be hereinafter explained must be in writing will be, of course, therefore, our first consideration.

In order to present the subject logically we will consider instruments of conveyancing in the following order:—

1. Agreements of Sale.

2. Deeds.

3. Mortgages.

4. Ground Rents.

AGREEMENTs of Sale.

42. What it is. Definition.

Suppose A desires to buy B's property. After much negotiation both arrive at a mutual understanding and desire to close out the transaction. This understanding embodies the terms and conditions of the sale and must be in writing and signed by the