Pennsylvania Act 1883-22 — FIRST CLASS CITIES, ADMINISTRATIVE PROCEEDINGS

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.