Pennsylvania Act 1855-98 — HEALTH LAWS CITY AND PORT OF PHILADELPHIA - SUPPLEMENT

Act text

HEALTH LAWS CITY AND PORT OF PHILADELPHIA - SUPPLEMENT
                  Act of Mar. 16, 1855, P.L. 89, No. 98               Cl. 11
                                  AN ACT

     Supplementary to the Health Laws of the city and port of
        Philadelphia.

        Section 1.  Removal of contents of privy wells without
     license prohibited
        No person shall remove, or cause, or allow to be removed, the
     contents of any privy well or sink within the limits of the
     jurisdiction of the board of health, without first being
     licensed by the board of health to do so, and every person
     offending against the provisions of this section shall, for
     every such offense, forfeit and pay to the board of health the
     sum of fifty dollars, to be recovered as debts of that amount
     are by law recoverable, and also be liable to indictment at
     common law for creating or maintaining a nuisance. The city
     councils shall, from time to time, exempt from the operation of
     any statute law, conferring on the board of health, jurisdiction
     of the subject of nuisances such portions of the territory under
     their jurisdiction, being a rural district or sparse in
     population, as in their opinion they can do with safety to the
     health and comfort of the inhabitants thereof, which exemption
     shall at all times be revocable by the like authority. (1855,
     March 16, P.L. 89, Sec. 1.)
        Section 2.  Grant of license; permits; penalties; exception
     of farmers, etc.
        Every person desirous of being licensed to empty or remove
     the contents of privy wells and sinks within the limits of the
     jurisdiction of the board of health, shall make application in
     writing to the board of health, who, on being satisfied with the
     character of the applicant, and the security and tightness of
     his carts, and that he is the owner of such horses and carts as
     represented in his application, and that he is not in collusion
     or combination with other persons to deceive and defraud the
     board, may, under such rules and regulations as they shall make
     in regard thereto, both as to their own protection from fraud
     and imposition by such person, and as to their supervision and
     control of such person in his said vocation, grant him a license
     for one year, and renew the same from year to year, as they may
     deem proper, and for each license so granted, and every renewal
     thereof, he shall pay therefor to the board of health the sum of
     fifty dollars; and whenever any such person shall desire, under
     his license, to empty or cleanse any privy well or sink, he
     shall first take from the board of health a permit to do so, at
     which time he shall furnish to the clerk the name of the owner,
     agent or occupant of such property as shall have so employed
     him, and the name of such owner, agent or occupant shall be
     mentioned in said permit and recorded in the office, which
     permit shall particularly specify the privy well or sink to be
     emptied or cleansed, and the days or hours in which it shall be
     done; and if any such person shall, by himself, his agents or
     servants, remove, cause or allow, or assist in removing the
     contents of any privy well or sink within portions of said city
     not excluded from the operation of this act, without first
     having obtained such permit, or shall do so on any other day or
     days, or at any other hour or hours, than those specified in
     such permit, he shall for every such offense forfeit and pay to
     the board of health the sum of twenty-five dollars: provided,
     that nothing herein, or in any other act contained, shall
     prevent farmers and others living in rural sections from
     cleansing their privies, without any license and without any
     penalty therefor.  1855, March 16, P.L. 89, Sec. 2.
        Section 3.  Payment of price of permit
        The price of the permit shall be paid to the board of health
     when issued, and shall in all cases be repaid by the person or
     persons whose privy well or sink shall be emptied and cleansed,
     and when such work shall be done by order of the board of
     health, to any premises declared a nuisance, the price of the
     permit shall also be recovered by the board of health, as part
     of the expenses of the removal of such nuisance.  1855, March
     16, P.L. 89, Sec. 3.
        Section 5.  Deposit of contents of sink or privy well
        If any person or persons shall deposit the contents, or any
     part thereof, of a sink or privy well, anywhere within the
     limits of the jurisdiction of the board of health, so as thereby
     to create and maintain a nuisance, or shall deposit or spill the
     same on any street, lane, alley, court, road, bridge or other
     highway of the City and County of Philadelphia, such person or
     persons so offending shall for every such offense forfeit and
     pay to the board of health the sum of ten dollars, to be
     recovered as debts of like amount are by law recoverable, and
     shall also be liable to indictment at common law for creating
     and maintaining a nuisance.  1855, March 16, P.L. 89, Sec. 5.
        Section 6.  Licensed persons to give bond
        Every licensed person shall give bond to the city of
     Philadelphia, for the use of the Board of Health, with surety,
     in the penalty of two hundred and fifty dollars, to be approved
     by the board, conditioned for the faithful performance of all
     duties enjoined by this law, and the regulations of the Board of
     Health, and for the payment to them of all sums by this act
     directed to be paid to them; and the Board of Health shall in
     addition have power, by a vote of the majority of the whole
     number of members of the board, to revoke or suspend any license
     for good cause shown.  1855, March 16, P.L. 89, Sec. 6.
        Section 7.  Penalty for contracting with unlicensed person
        Every person in the City or County of Philadelphia, whether
     owner, agent or occupant of property, who shall employ or
     contract with any unlicensed person to cleanse his or her privy
     well or sink, or who shall receive from any unlicensed person
     any portion of the contents of a privy well or sink emptied and
     cleansed within the limits of the jurisdiction of the board of
     health, shall for every such offense forfeit and pay to the
     board of health the sum of twenty-five dollars, to be recovered
     as debts of like amount are by law recoverable.  1855, March 16,
     P.L. 89, Sec. 7.
        Section 9.  Contracts and suits to be in name of city for use
     of board
        All contracts made by or with the board of health, and all
     recoveries of penalties and suits for other causes of action,
     under this and other acts to which this is a supplement, shall
     be in the name of the City of Philadelphia, for the use of the
     board of health; and nothing herein contained shall in any wise
     impair the authority of the city corporation over said board of
     health as one of the departments of said city.  1855, March 16,
     P.L. 89, Sec. 9.