act-1883-0-22•Pennsylvania Act 1883-22 — FIRST CLASS CITIES, ADMINISTRATIVE PROCEEDINGS
Pennsylvania Act 1883-22 — FIRST CLASS CITIES, ADMINISTRATIVE PROCEEDINGS
act-1883-0-221883 Pa. Act 22Law
Act text
FIRST CLASS CITIES, ADMINISTRATIVE PROCEEDINGS
Act of May 17, 1883, P.L. 32, No. 22 Cl. 11
AN ACT
Authorizing councils in cities of the first class to issue
subpoenas and to take the testimony of witnesses concerning
the management and accounts of any of the departments of said
city, or any other matter which may be subject to their
supervision; also providing for the compulsory production of
books and papers and a mode of compelling the attendance of
witnesses by attachment for contempts, and authorizing and
defining the punishment therefor.
Section 1. Power to compel attendance of witnesses and
production of books and papers
It shall be lawful for the councils of cities of the first
class, or any committee of the same or either branch thereof, to
apply to any judge of the court of common please of the county
in which said cities are situated, who may, upon affidavit of
proper and sufficient cause being made, issue subpoenas in the
name of the Commonwealth of Pennsylvania, to any person or
persons residing in said commonwealth to appear before such
councils or either branch thereof, or any committee of the same,
as witness to testify their knowledge concerning any matters of
inquiry which may be required of them relating to the management
and accounts of any of the departments of such cities, or of any
other matters which may be subject to the supervision of the
councils, or either branch thereof; and, also, whenever it may
be deemed necessary, to produce any books and paper writings in
the possession or control of such person or persons as may
contain evidence pertinent to such inquiries. Any person so
called as a witness may be examined under oath and shall be
liable to indictment, conviction and punishment for perjury in
the same manner and to the same extent as if the witness had
been called and examined before any committee of the Legislature
of this Commonwealth, or in any judicial proceeding before any
of the courts thereof, in accordance with existing laws:
Provided, That the person or persons outside of cities of the
first class, subpoenaed as aforesaid, shall not be required to
respond to the same until they have been furnished with mileage
to and from said city, at the rate of ten cents per mile and a
per diem allowance of two dollars for the time their presence is
desired in said city. 1883, May 17, P.L. 32, Sec. 1.
Section 2. Proceedings on refusal to appear
If any person or persons shall wilfully neglect or refuse to
appear, or having appeared shall refuse to testify, or produce
any books or paper writings, in his, her or their possession, or
before either branch of the councils of cities of the first
class, or any committee of either branch of the same, or before
any joint committee thereof, after he, she or they shall have
been duly served with a subpoena requiring him, her or them, so
to do, it shall be lawful for such councils or any committee
thereof, through its chairman or presiding officer, to present a
petition to the court of common pleas of the county wherein such
person or persons reside, setting forth the fact of the service
of such subpoena and of the refusal to testify in obedience
thereto, and the questions it is proposed to propound, and
thereupon the court shall grant a rule upon the person or
persons referred to to show cause why an attachment should not
issue against him, her or them for contempt; and upon the return
of the rule, if no sufficient cause be shown to the contrary, an
attachment shall issue as prayed for in the petition according
to the practice of such court in like cases of contempt for
disobedience of its process: Provided, That in rendering
judgment the court shall have regard as well to the pertinency
and propriety of such questions, as to the regulating of the
subpoena and the service thereof. 1883, May 17, P.L. 32, Sec.
2.
Section 3. No witness to be excused from testifying;
protection of witness
No witness shall be excused from testifying in any
investigation or inquiry before either branch of the councils,
or any committee thereof, touching his knowledge of any offense
under investigation by said branch of the councils or committee
thereof, but such testimony shall not be used against him in any
criminal prosecution whatever. 1883, May 17, P.L. 32, Sec. 3.
Section 4. Penalty for refusal to testify
Any person or persons who are or shall be in contempt by
reason of failure or refusal to so appear to testify, shall be
held and deemed to be guilty of a misdemeanor, and on conviction
thereof shall be punished by imprisonment not exceeding six
months, and by fine not exceeding one thousand dollars, or
either, at the discretion of the court trying the same. 1883,
May 17, P.L. 32, Sec. 4.
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