act-1903-0-38•Pennsylvania Act 1903-38 — COUNCILS OF BOROUGHS AND CITIES OF FIRST AND SECOND CLASS
Pennsylvania Act 1903-38 — COUNCILS OF BOROUGHS AND CITIES OF FIRST AND SECOND CLASS
act-1903-0-381903 Pa. Act 38Law
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that Act 38 is repealed insofar as it relates to third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that Act 38 is repealed insofar as it relates to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.
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