Pennsylvania Act 1903-38 — COUNCILS OF BOROUGHS AND CITIES OF FIRST AND SECOND CLASS

Act text

COUNCILS OF BOROUGHS AND CITIES OF FIRST AND SECOND CLASS
                  Act of Mar. 19, 1903, P.L. 31, No. 38               Cl. 11
                                  AN ACT

     Authorizing councils, in boroughs and in cities of the second
        class and third class, within this Commonwealth, to issue
        subpoenas, and to take the testimony of witnesses in any
        pending case of inquiry, investigation, or impeachment; also
        providing for the compulsory production of books and papers,
        and a mode of compelling the attendance of witnesses, by
        attachment for contempt; and providing for the punishment of
        perjury, by witnesses so called.

        Compiler's Note:  Section 4701 of Act 317 of 1931 provided
            that Act 38 is repealed insofar as it relates to third
            class cities.
        Compiler's Note:  Section 1301(c) of Act 192 of 1915 provided
            that Act 38 is repealed insofar as it relates to
            boroughs.
        Section 1.  Be it enacted, &c., That the councils, and each
     branch thereof, of any borough, or of any city of the second or
     third class, within this Commonwealth, shall have power to
     compel the attendance of witnesses, and the production of books,
     papers and other evidence, at any meeting of the body or any
     committee thereof, and for that purpose may issue subpoenas,
     signed by the President of council or the chairman of the
     committee, in any pending case of inquiry, investigation or
     impeachment, and cause the same to be served and executed in any
     part of this Commonwealth; and if any witness shall refuse to
     testify as to any fact within his knowledge, or to produce any
     books or papers within his possession or under his control,
     required to be used as evidence in any such case, the clerk of
     that branch of council, by whose authority such witness was
     subpoenaed, shall forthwith report the facts relating to such
     refusal to one of the courts of common pleas of the county
     within which such borough or city is situated; and all questions
     arising upon such refusal, and also upon any new evidence, not
     included in said clerk's report (which new evidence may be
     offered in behalf of or against such witness), shall at once be
     heard by said court. If the court determines that the testimony
     or evidence required by such witness is legal and properly
     competent, and ought to be given or produced by him, then said
     court shall make an order commanding such witness to testify or
     produce books or papers (or both, as the case may be), and if
     such witness shall thereafter refuse to testify or to produce
     books or papers, as aforesaid, in disobedience of such order of
     the court, then the said court shall have power to order the
     commitment of such witness to the county jail of the proper
     county, for contempt.
        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 the 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 such borough or city, subpoenaed as
     aforesaid, shall not be required to respond to the same until
     they have been furnished with mileage to and from said borough
     or 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.