Pennsylvania Act 1769-594 (session 1) — PHILADELPHIA - STREETS, SEWERS, DRAINS AND WOOD HAULING

Act text

AN ACT

For regulating, pitching, paving and cleansing, the highways, streets, lanes and alleys; and for regulating, making and amending the water courses and common sewers, within the inhabited and settled parts of the city of Philadelphia; for raising of money to defray the expenses thereof; and for other purposes therein mentioned.

Section 2. And be it further enacted, That the said commissioners or a majority of them, as soon as conveniently may be after the publication of this act, and so from time to time, as often as there may be occasion, shall meet together at some convenient place in the said city, and then and there consult together, respecting the best method and manner of paving and keeping clean such of the streets, and public lanes and alleys of the said city, as are within the inhabited and settled parts thereof, and of amending and repairing the common sewers of the said city already made: and of making, amending and repairing such as shall hereafter be made, for discharging and carrying off the water into the river; and of making, amending and repairing the public streets, roads and highways, within the said city, leading from any of the public roads in the country to the paved and regulated parts of the said streets; and contract with any person or persons for sand, stone, gravel, or any other materials, convenient and necessary for the uses and purposes aforesaid; and to contract, agree with, and hire such a number of pavers and workmen, as they shall judge necessary and proper to be employed, from time to time, in and about the premises; and to agree on, execute, and perform every other act, matter and thing, which to them shall appear necessary for the effectual paving and keeping clean the said streets, lanes and alleys, when paved, and other purposes aforesaid, from time to time, and at all times hereafter.

Section 4. And be it enacted, That the said mayor or recorder, and four aldermen, together with any four of the regulators of the said city, for the time being, shall appoint and direct the regulation of the said streets, lanes and alleys, and common sewers, with the degree of descent of each water course: Provided always, That no common sewer or water course, to be laid out, shall be so regulated and laid out, as to run through any lot or ground belonging to any private person or persons unless the same shall be agreed to and approved of by at least four of the said commissioners; and in every such case, that the damages sustained, or to be sustained, by reason thereof, by such private owner or owners, shall be valued and appraised by two indifferent persons, one of them to be chosen by the said commissioners, and the other by such owner or owners; and also that the said damages shall be paid to such owner, by order of the said commissioners, out of the moneys arising by virtue of this act.

Section 5. And be it further enacted, That the said mayor or recorder, aldermen and regulators, shall have full power and authority to enter upon the lots, grounds and possessions of any person or persons, bodies politic or corporate, through which the said common sewers do or ought to run, to regulate them, and the said commissioners to make, amend and repair the same: Provided, That such common sewers be regulated, made, amended and repaired, with as little detriment and injury as may be to the said owners and possessors of such lots, grounds and possessions.

Section 6. And be it enacted, That if any person or persons whatsoever shall wilfully stop up or obstruct the passage of the waters of any of the common sewers already made, or hereafter to be made within the said city, he or they so offending shall forfeit and pay, for every such offence, any sum, not exceeding the sum of twenty-five pounds.

Section 38. And be it further enacted, That every waggoner and carter, employed to haul wood for the inhabitants of the said city, district of Southwark and townships aforesaid, shall have in his said wagon or cart, of his own property, a sufficient number of hewn standards, for preventing the wood from falling off from his carriage, marked with the initial letters of his christian and surnames, on the outer side of the said standards, under the penalty of five shillings; and that if any waggoner or carter shall take and appropriate any wood, belonging to any of the inhabitants aforesaid, which he shall be hired to haul, and shall apply or appropriate the same to his own use, or shall not deliver it to the true owner or purchaser thereof, every such person, so offending, shall forfeit and pay two shillings for every stick or piece of wood, so appropriated or detained, to the owner or purchaser thereof, being first legally convicted of the said offence before any Justice of the Peace of the city or county of Philadelphia.

Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.