Pennsylvania Act 1855-281 — CONSOLIDATING THE CITY OF PHILADELPHIA

Act text

CONSOLIDATING THE CITY OF PHILADELPHIA
                 Act of Apr. 21, 1855, P.L. 264, No. 281              Cl. 11
                               A SUPPLEMENT

     To the act Consolidating the city of Philadelphia.

        Section 2.  Polling places in Philadelphia; how designated
        It shall be the duty of the select and common councils of
     said city to designate the place of holding the elections in the
     several election divisions of the wards in said city, and to
     notify the sheriff thereof at least thirty days prior to the
     second Tuesday of October next; and shall have full power and
     authority to remove or change the place of holding the elections
     in any of the said election divisions whenever, by reason of
     inability to hold said election at the place so designated, a
     change shall become necessary.  1855, April 21, P.L. 264, Sec.
     2.
        Section 4.  Deposit in office of surveyors; completion,
     revision and alteration; altering lines and regulating grades
        All the public plans of town plots, in the office of the
     clerk of the court of quarter sessions, and of the recorder of
     deeds, shall be deposited in the office of the board of
     surveyors, subject to the public inspection without charge; it
     shall be the duty of councils, under the supervision of the
     president of said board, to cause to be completed by the
     district surveyors, in sections, from time to time, a survey and
     plans of the city plot not already surveyed, according to the
     provisions of the laws under which the late district of spring
     garden was surveyed, one copy of which plans, when approved by
     the court, shall be filed in the office of said board, and the
     other in the office of the proper district surveyor, and in like
     manner, and with like approval existing plans may be revised and
     altered: provided, that the plans made under existing contracts
     shall be approved by said board before being returned to court
     for confirmation; and that no ground shall be taken for public
     use under this act, without compensation, as provided, by law;
     the said board of surveyors, under the direction of the
     councils, shall have authority to alter the lines and regulate
     the grades of any street or streets, which may have been laid
     out upon any of the public plans or otherwise, but not opened,
     subject to the exception and the approval of the court of
     quarter sessions, as in the case where the plans are originally
     submitted for approval and confirmation.  1855, April 21, P.L.
     264, Sec. 4.
        Section 6.  New dwellings on streets less than twenty feet
     wide to recede; new streets to be twenty-five feet wide
        No new dwelling house, or other building within said city,
     shall front upon any street, alley or court, which shall be of
     less width than twenty feet, or without being made to recede, so
     that such street, alley or court shall be of that width, the
     buildings on each side equally receding; the damages for which
     widening shall be assessed and paid to the owner in manner
     provided by law in case of opening new streets; every new
     dwelling house shall also have an open space attached to it in
     the rear or at the side, equal to at least twelve feet square,
     and no building of any kind shall be permitted to be erected on
     any street, court or alley hereafter to be laid out, or if laid
     out and wholly unimproved by brick or stone buildings before the
     passage of this act, of a less width than twenty-five feet; and
     every builder or owner who shall hereafter build otherwise than
     as aforesaid, shall pay to the said city one hundred dollars, to
     be recovered with costs as debts of that amount may by law be
     recovered, and shall also be restrained by injunction from so
     building; or if having so built after the passage of this act,
     from the continuance of such building, contrary to the
     requirements of this act, and shall pay all the expenses of such
     alterations which the court may decree to be made.  It shall be
     the duty of the commissioners of highways to give notice to the
     city solicitor of all violations of this act; and if the
     building be made to conform thereto on notice without suit, one-
     half the fine shall be abated.  1855, April 21, P.L. 264, Sec.
     6.
        Section 7.  Powers of councils; proceedings
        Whenever councils shall deem the public exigency to demand
     it, they may order by ordinance any street laid upon any of the
     public plans of the city to be opened, giving three months'
     notice thereof to the owner, whereupon any of the owners, whose
     ground will be taken by such street, may forthwith petition the
     court of quarter sessions for viewers to assess the damages
     which such owners may sustain by the opening of such street, and
     if the same be not paid within one year, may sue said city for
     the recovery thereof: provided, that security shall be given by
     said city to the owner for the payment of such damages before
     his ground shall be actually taken, and the city may indemnify
     the person entering such security; and no proceedings to assess
     the damages on any street on such plan shall lapse by the delay
     of a year in paying such damages.  It shall be lawful for
     councils to institute an inquiry as to persons benefited by the
     opening of any new street, and to withhold appropriation for the
     opening of the same until the persons found to be benefited
     shall have contributed, according to the benefit to be derived
     therefrom, towards the damages awarded to the owners, whose
     ground will be taken therefor; but in no instance shall the
     contribution exceed the damages awarded for the ground taken.
     1855, April 21, P.L. 264, Sec. 7.
        Section 8.  Bridges; charges for culverts, pipes and paving
        It shall be lawful for said city to construct any bridges
     that may be necessary to carry any street or highway at the
     proper grade across any ravine or stream therein: provided, that
     nothing herein contained shall relieve councils from the duty of
     constructing a bridge over the Schuylkill at Chestnut Street, as
     directed by law; the charges for the culverts and pipes shall be
     at not exceeding the following rates per lineal foot, according
     to the fronts of the owners, to wit: for water pipes, seventy-
     five cents, making the usual allowance for corner lots; for
     culverts, seventy-five cents; and for street paving, one dollar
     per square yard; and all extra or further charge and for
     intersections, shall be paid out of the general taxation.  1855,
     April 21, P.L. 264, Sec. 8.
        Section 11.  Rights of former departments vested in city;
     suits, etc; to be in name of city
        All bonds, contracts and obligations heretofore executed,
     judgments entered, claims filed, and suits now pending in the
     name of any department of said city, formerly having had a
     corporate existence, are declared to be good and valid, and to
     inure to the use of the city; but no such department shall be
     taken to have had, since the passage of the act to which this is
     a supplement, a separate corporate existence, and hereafter all
     suits growing out of their transactions, and all claims to be
     filed for removing nuisances, together with all bonds, contracts
     and obligations, hereafter to be entered into or received by the
     said departments, shall be in the name of the city of
     Philadelphia.  1855, April 21, P.L. 264, Sec. 11.
        Section 14.  Tax bills to be made out and delivered
        As soon as the city commissioners shall place the duplicates
     of taxes in the hands of the receiver, he shall cause his clerks
     to make out bills against the taxpayers, so that all persons
     indebted for taxes may have their bills by the first day of July
     in each year, and the same to be delivered at a cost not
     exceeding one cent for all persons served within two miles of
     the office, and one and a half cents for all more distant, for
     making such delivery; the expense whereof shall be charged to
     the city: provided, that all properties owned by one person, or
     belonging to any one estate in any one ward shall be included in
     the same bill.  1855, April 21, P.L. 264, Sec. 14.
        Section 15.  Bond of collector; interest on taxes (15
     repealed Oct. 9, 2009, P.L.494, No.49)
        Section 17.  Receiver to publish notice of default in payment
     of taxes collected; administration of oath
        Any alderman or constable who shall have made default on the
     payment over of any taxes collected by him as required by law,
     shall cease to be authorized to receive any more taxes; and
     notice thereof shall be published by the receiver of taxes, in
     three daily papers three times; nor shall he be capable of
     drawing any salary or other dues, from the city, until he shall
     have fully paid up the amount of his collections.  It shall be
     lawful for the receiver of taxes to administer oaths and
     affirmations to all persons who may be authorized or required to
     make oath or affirmation in relation to the collection of taxes
     or other revenue, payable to said receiver.  1855, April 21,
     P.L. 264, Sec. 17.

        Compiler's Note:  Section 4 of Act 49 of 2009 provided that
            section 17 is repealed insofar as it relates to
            constables.
        Section 18.  Power to provide for inspection of tobacco
        It shall and may be lawful for the councils of Philadelphia
     to enact an ordinance providing for the inspection of leaf
     tobacco, of domestic growth, received at that port, to be sold
     by sample, for establishing the fee for charges for inspection
     and sampling, and storage, and imposing penalties for any
     violation of the same.  1855, April 21, P.L. 264, Sec. 18.
        Section 22.  Sale of public halls, real estate and ground
     rents; application of proceeds
        It shall be lawful for the City of Philadelphia, as rapidly
     as purchasers can be procured, without a sacrifice of price, to
     make public sale and conveyance of the public halls, lots and
     real estate vested in the said city, not held upon any trust and
     not required for authorized public purposes, and to apply the
     proceeds in discharge of the city debts, and if the ground-rents
     be reserved, to sell and convey the same for said purposes.
     1855, April 21, P.L. 264, Sec. 22.