act-1832-0-93•Pennsylvania Act 1832-93 — MAYOR, ALDERMAN AND CITIZENS INVESTED WITH POWERS
Pennsylvania Act 1832-93 — MAYOR, ALDERMAN AND CITIZENS INVESTED WITH POWERS
act-1832-0-931832 Pa. Act 93Law
Act text
MAYOR, ALDERMAN AND CITIZENS INVESTED WITH POWERS
Act of Mar. 24, 1832, P.L. 176, No. 93 Cl. 11
An Act
To enable the Mayor, Aldermen, and citizens of Philadelphia to
carry into effect certain improvements, and execute certain
trusts.
Whereas, By the last will and testament of Stephen Girard, late
of the city of Philadelphia, deceased, the sum of five hundred
thousand dollars is bequeathed to the mayor, aldermen, and
citizens of Philadelphia, in trust among other things, to apply
the income thereof "first, to lay out, regulate, curb, light and
pave a passage or street on the east part of the city of
Philadelphia, fronting the river Delaware, not less than twenty-
one feet wide, and to be called Delaware Avenue; extending from
South or Cedar street, all along the east part of Water street
squares, and the west side of the logs which form the heads of
the docks, or thereabouts; and to this intent, to obtain such
acts of assembly, and to make such purchases or agreements as
will enable the mayor, aldermen, and citizens of Philadelphia to
remove or pull down all the buildings, fences, and obstructions
which may be in the way, and to prohibit all buildings, fences,
or erections of any kind to the eastward of said avenue, to fill
up the heads of such of the docks as may not afford sufficient
room for the said street, to compel the owners of wharves to
keep them clean, and covered completely with gravel or other
hard materials, and to be so levelled that water will not remain
thereon, after a shower of rain, to completely clean, and keep
clean, all the docks within the limits of the city, fronting on
the Delaware; and to pull down all platforms carried out from
the east part of the city, over the river Delaware, on piles or
pillars." "Second, To pull down and remove all wooden buildings,
as well as those made of wood and other combustible materials as
those called brick-paned, or framed buildings, filled in with
bricks, that are erected within the limits of the city of
Philadelphia; and also to prohibit the erection of any such
building within the said citys limits at any future time."
"Third, to widen, pave, and curb Water street, and to distribute
the Schuylkill water therein, upon" a certain plan therein set
forth. Now, for the purpose of enabling the mayor, aldermen, and
citizens of Philadelphia aforesaid,to effect the improvements
contemplated by the said testator, and to execute in all other
respects the trusts created by his will, to enable the
constituted authorities of the city of Philadelphia to carry
which into effect, the said Stephen Girard has desired the
legislature to enact the necessary laws.
Section 1. Be it enacted by the Senate and House of
Representatives of the Commonwealth of Pennsylvania, in General
Assembly met, and it is hereby enacted by the authority of the
same, That it shall and may be lawful for the mayor, aldermen
and citizens of Philadelphia, by ordinance lawfully enacted, or
the intervention and act of authorized officers or agents, to
lay out, regulate, curb, light, and pave a passage or street,
not less than twenty-one feet in width, on the east part of the
city of Philadelphia, fronting the river Delaware, at such
distance or distances in the several parts thereof from the
eastern line of Water street as they shall judge proper,
extending from Vine to Cedar street, to be called the Delaware
Avenue; and that, having laid out such street, they shall cause
a record of the same to be made in the court of Quarter Sessions
for the county of Philadelphia.
Section 2. And be it further enacted by the authority
aforesaid, That it shall be lawful for the mayor, aldermen, and
citizens of Philadelphia aforesaid, in manner aforesaid, to lay
out Water street, in the said city, anew, in such manner as that
the same shall be as nearly straight as conveniently may be, and
of a uniform, or as near as may be uniform width throughout, not
less than thirty-nine feet, if practicable, and the same to open
and keep open for ever, as a common and public highway; and that
having laid out said Water street of such increased width, they
shall cause a record of the same to be made in the court of
Quarter Sessions for the county of Philadelphia.
Section 3. Provisions for regulation and care of wharves,
etc.; levels; material; removal of nuisances, etc.
It shall be lawful for the mayor, alderman and citizens of
philadelphia, aforesaid to pass ordinances, or take other
measures for regulating, adjusting and determining the
easternmost line to which wharves may hereafter lawfully be
constructed on the river Delaware, fronting said city, and to
cause a record of such regulated line to be made in the court of
quarter sessions for the county of Philadelphia; to fix and
decide on, or cause their officers to fix or decide on the
levels of all wharves fronting the said city, and to declare the
regulation thereof; to require the owners thereof, to pave the
same or to lay them with gravel, according to such regulation,
so as effectually to drain and pass off the water from the same,
and to require all persons owning and occupying or using docks
or wharves, to cleanse the same and to keep the same in repair,
and to prescribe the form, materials, and character of
workmanship of all wharves hereafter to be constructed, and to
require all platforms now projecting into the river Delaware,
and supported on piles, pillars, or piers, to be removed, and to
prohibit the construction in future, of any such projecting
platforms; and to require the removal, and prohibit the
construction, in future, of all buildings, fences, and other
obstructions, to the eastward of Delaware Avenue, above
mentioned, and to declare all erections and constructions
whatsoever, contrary to the said ordinances, whether erected
before or after the passage of the same to be nuisances, and
generally to devise, ordain, and execute whatever other things
shall by them, the said mayor, aldermen, and citizens of
Philadelphia aforesaid, be deemed necessary or convenient for
the good arrangement, security, and government of the said
wharves: Provided, That the easternmost line of the said wharves
shall not be held to be finally determined, and the record
thereof shall not be made, as aforesaid, unless the Board of
Wardens, of the port of Philadelphia, shall decide and make
their certificate in writing, that such easternmost line is not
inconsistent with the public interests, which certificate shall
also be recorded in the said court of quarter sessions; but if
the said certificate shall not be granted by them, within three
months after application made therefor, the refusal or omission
of the said Board of Wardens to grant such certificate, shall,
when duly verified by affidavit, be esteemed the judgment and
decision of the said Board of Wardens, that such easternmost
line is inconsistent with the public interests, and in case such
a decision shall in any wise be made, an appeal shall be
therefrom to the said court of quarter sessions, as in other
cases, and the judgment of the said court, in favor of such
regulated line, shall be, for all purposes, equivalent to a
similar decision by the said Board of Wardens: Provided, That
nothing herein contained shall be so construed to give authority
to any one to erect wharves, or piers, extending out as far as
the said regulated easternmost line, without license, from the
said Board of Wardens, as heretofore. 1832, March 24, P.L. 176,
sec. 3.
Section 4. And be it further enacted by the authority
aforesaid, That it shall be lawful for the mayor, aldermen, and
citizens of Philadelphia aforesaid, to pass ordinances,
prohibiting the construction within the said city, or any parts
thereof, of all framed or brick-paned or other buildings, the
walls whereof are not wholly composed of incombustible
materials, determining the thicknesses of which walls of
buildings of different dimensions and character shall hereafter
be made in the said city, and in making all such other legal
provisions as they shall think expedient for preventing the
extension of injuries from fire, in the said city, and to
declare all buildings, the walls whereof are not wholly composed
of incombustible materials, to be nuisances.
Section 5. Delaware Avenue and Water Street; opening;
wharves; buildings
When any of the said ordinances shall have been passed, or
other proceedings had in relation to the said Delaware Avenue
and Water Street, or either of them, and the record thereof
shall have been made as aforesaid, it shall be lawful for the
mayor, aldermen, and citizens of Philadelphia aforesaid, to
proceed, from time to time, to open for public use, any part or
parts thereof, and the same to keep open as common and public
highways forever; and to that end, to enter upon such property
as may be found to be within the same, construct wharves
extending into the river, within the lines of said Delaware
Avenue, and to a reasonable distance beyond the same, and fill
up all docks within the limits thereof, and remove all
obstructions, of whatever kind, from within the limits of said
avenue and street, or any parts thereof, and level, drain,
pitch, and pave the same, as other streets in the said city.
And from and after the passing of such ordinances, and the
record of the said avenue and street, all buildings, thereafter
erected or rebuilt on the said avenue and street shall conform
to the recorded limits of the same, and the mayor, aldermen and
citizens of Philadelphia aforesaid, may pass ordinances,
declaring all obstructions within the same to be nuisances.
1832, March 24, P.L. 176, sec. 5.
Section 6. And be it further enacted by the authority
aforesaid, That it shall at all times be lawful for the mayor,
aldermen and citizens of Philadelphia, aforesaid, to remove and
abate any building, erection or obstruction whatever, which, by
this act, or by any ordinance to be hereafter passed by virtue
of it, may be declared a nuisance: Provided, That if such
building, erection or obstruction shall have been in existence
at the time of the passage of this act, or of such ordinance
passed by virtue hereof, the mayor, aldermen and citizens
aforesaid shall give at least three months notice of their
intention to remove the same to the persons having the
ownership, occupation or use thereof, or in case no such persons
shall be known to them, then they shall affix a copy of such
notice to and upon such building, erection, or obstruction,
three months before proceeding to remove the same.
Section 7. And be it further enacted by the authority
aforesaid, That it shall be lawful for the said mayor, aldermen
and citizens of Philadelphia, aforesaid, to provide for the
punishment of any person or persons who shall commit any
nuisance contrary to the intent and meaning of this act, and of
the ordinances which may be passed by virtue thereof, and of any
person or persons who having committed any such nuisance, shall,
after notice, refuse or neglect to remove the same.
Section 8. And be it further enacted by the authority
aforesaid, That all persons whatsoever who shall receive damage
to their property by reason of any thing which shall have been
done by the mayor, aldermen and citizens of Philadelphia, under
this act, or any ordinances passed by virtue hereof, may, after
ten days notice of such their intention, to the mayor, aldermen
and citizens aforesaid, apply by petition in writing, to the
court of Quarter Sessions for the county of Philadelphia, who
shall thereupon appoint a jury of twelve disinterested
freeholders, citizens of the city of Philadelphia, which jury
shall assemble, after ten days notice of their meeting, given as
aforesaid, and shall be sworn or affirmed to inquire what
damages the petitioners, or any of them, have sustained by
reason of any thing so done, considering as well the advantages
which may accrue to such petitioners as the injuries by them
complained of, and the said jury having viewed the premises and
heard the parties, or their counsel, shall report in writing,
under the hands of at least ten jurors, and their report having
been considered and confirmed by the court, the damages thereby
found shall be paid by the mayor, aldermen and citizens
aforesaid, in six months after the confirmation of the said
report.
Section 9. And be it further enacted by the authority
aforesaid, That if the mayor, aldermen and citizens aforesaid,
shall deem it expedient that the damages should be legally
ascertained before proceeding to enter on premises for the
purpose of removing obstructions, and before appropriating to
public use any property of individuals, or otherwise injuriously
affecting the rights and interests of any proprietor, the mayor,
aldermen and citizens aforesaid may, from time to time apply to
the court of Quarter Sessions for the county of Philadelphia, by
petition, in writing, specifying therein as nearly as may be the
persons and property in regard to which they desire that the
damages should be ascertained, and thereupon the said court
shall appoint a jury of twelve disinterested freeholders,
citizens of the city of Philadelphia, which jury shall assemble,
after ten days notice of their meeting given to the owners or
occupiers of the property, and shall be sworn or affirmed, as is
provided in the foregoing section of this act, and having viewed
and heard, as is therein provided, shall report in writing,
under the hands of at least ten jurors, specifying in their said
report as well the causes for which damages, if any should be
paid, as the amounts of such damages, and in such case the
mayor, aldermen and citizens aforesaid may, within one year
after the confirmation of such report by the court of Quarter
Sessions, tender to any owner of property named therein, the
amount of damages thereby found in his favor, or may pay the
same into court, for his use and benefit, and may thereafter
proceed to enter upon the premises, and remove the obstructions,
or appropriate the property for which damages shall have been so
paid or tendered, first giving three months notice to the tenant
in possession, if any: Provided however, That if the amount so
found by such jury in favor of any owner, shall not be so
tendered or paid within one year after the confirmation of such
report, then the proceedings had upon the said petition of the
mayor, aldermen, and citizens aforesaid, shall, so far as
relates to the said owner, be null and void, and the mayor,
aldermen, and citizens aforesaid, may thereafter present their
petition in writing anew, under this section, as if no
proceedings had before been had: And provided, also, That when a
report shall have been made by a jury, under the provisions of
this section, and damages shall have been tendered or paid, in
accordance therewith, if thereafter any other damage than that
reported on shall be sustained, the party aggrieved may
thereafter apply, in regard to such other damages, for a jury to
assess the same, under the eighth section of this act: Provided
further, That it shall at all times be competent to the mayor,
aldermen, and citizens aforesaid, to agree with any owner or
owners of property, so to be taken, removed, or affected for the
damages thereby to be occasioned, and such agreement shall be
instead of any of the proceedings detailed in this or the
foregoing sections of this act: And, forasmuch as in the course
of time it may appear that powers are not vested in the said the
mayor, aldermen, and citizens of Philadelphia which may be yet
required to the full execution of those parts of the said will
of the said Stephen Girard, for the carrying of which into
effect he has in his said will requested legislative provision,
and it is the object and intent of this act fully to confer all
such powers.
Section 10. Be it further enacted by the authority aforesaid,
That it shall be lawful for the mayor, aldermen, and citizens of
Philadelphia, to exercise all such jurisdiction, enact all such
ordinances, and do and execute all such acts and things
whatsoever as may be necessary and convenient for the full and
entire acceptance, execution, and prosecution of any and all the
devises and bequests, trusts and provisions contained in the
said will, which are the subjects of the preceding parts of this
act, and to enable the constituted authorities of the city of
Philadelphia to carry which into effect, the said Stephen Girard
has desired the legislature to enact the necessary laws.
Section 11. Restrictions on laying out of roads or streets
No road or street shall be laid out or passed through the
land in the county of philadelphia, bequeathed by the late
Stephen Girard for the erection of a college, unless the same
shall be recommended by the trustees or directors of said
college, and approved by a majority of the select and common
councils of the City of Philadelphia. 1832, March 24, P.L. 176,
sec. 11.
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