Pennsylvania Act 1867-525 — APPROPRIATING GROUNDS FOR PUBLIC PURPOSES

Act text

APPROPRIATING GROUNDS FOR PUBLIC PURPOSES
                 Act of Mar. 26, 1867, P.L. 547, No. 525              Cl. 11
                                  AN ACT

     Appropriating ground for public purposes, in the city of
        Philadelphia.

        Section 1.  Title vested in city; purpose of park
        The title to and ownership of the area of ground which is
     bounded as follows: Shall be vested in the City of Philadelphia,
     to be laid out and maintained forever as an open public place
     and park, for the health and enjoyment of the people of said
     city, and the preservation of the purity of the water supply of
     the City of Philadelphia. 1867, March 26, P.L. 547, Sec. 1.
        Section 2.  Membership; organization; compensation; vacancies
        The mayor, the presidents of the select and common councils,
     commissioners of city property, the chief engineer and surveyor,
     and the chief engineer of the water-works of said city, together
     with ten citizens of said city, who shall be appointed for five
     years, five of them by the district court, and five of them by
     the court of common pleas of said city, be and the same are
     hereby constituted commissioners of said park; they shall
     organize annually, on the first Monday of June, by the election
     of a president and secretary, but they shall receive no
     compensation for their service as commissioners: Provided, that
     whenever a vacancy shall occur in that part of the said
     commissioners appointed by the courts, the court from which the
     appointment is made shall fill the vacancy.  1867, March 26,
     P.L. 547, Sec. 2.
        Section 3.  Appointment and proceedings of jury; agreements
     as to damages
        The owners of the said ground, by the first section of this
     act appropriated for public purposes, shall be paid for the
     same, by the City of Philadelphia, according to the value, which
     shall be ascertained by a jury of twelve disinterested free-
     holders, to be appointed by the courts of quarter sessions of
     said city, upon the petition of said commissioners; and if the
     said commissioners shall delay petitioning, as aforesaid, for
     the period of sixty days after notice given of their taking
     possession of said ground, then said jury shall be appointed,
     upon the petition of any person whose property shall be so
     taken: Provided, however, that in any case, the said
     commissioners may negotiate and agree with the owners of any
     part of said ground, as to the price thereof, and said price
     shall be reported to the said court of quarter sessions, and if
     confirmed and approved by said court, shall be conclusive upon
     said city: And provided further, that whenever it shall be
     necessary to have recourse to a jury to assess the damages for
     any property, to be taken as aforesaid, said jury shall estimate
     the advantage to property adjoining, or in the vicinity, and
     said jury shall proceed, and their award shall be reviewed and
     enforced, in the same manner as provided by law, in the opening
     of roads, in the City of Philadelphia.  1867, March 26, P.L.
     547, Sec. 3.
        Section 4.  Plan of improvement and maintenance;
     expenditures; contracts
        The commissioners of the said park, after they shall have
     secured possession of the ground, shall adopt a plan for the
     improvement and maintenance thereof, and shall have power to
     proceed with the same; and all moneys expended shall be under
     their supervision; but no contracts shall be made for said
     improvement, unless an appropriation therefor shall have been
     first made by the councils of said city.  1867, March 26, P.L.
     547, Sec. 4.
        Section 5.  Commissioners to have care and management of park
        As soon as the said Commissioners shall have fully organized,
     they shall have the care and management of fairmount park, on
     both banks of the River Schuylkill; and all plans and
     expenditures for the improvement and maintenance of the same,
     shall be under their control, subject to such appropriations as
     councils may, from time to time, make, as aforesaid. 1867, March
     26, P.L. 547, Sec. 5.