Pennsylvania Act 1854-16 — PHILADELPHIA CONSOLIDATION ACT

Act text

PHILADELPHIA CONSOLIDATION ACT
                   Act of Feb. 2, 1854, P.L. 21, No. 16               Cl. 11
                           A FURTHER SUPPLEMENT

     To an act, entitled "An act to incorporate the City of
        Philadelphia."

        Section 1.  Name and boundaries
        The corporate name of the Mayor, Aldermen and Citizens of
     Philadelphia shall be changed to "The City of Philadelphia," and
     the boundaries of the said city shall be extended so as to
     embrace the whole of the territory of the County of
     Philadelphia, and all the powers of the said corporation, as
     enlarged and modified by this act, shall be exercised and have
     effect within the said county and over the inhabitants thereof.
     1854, Feb. 2, P.L. 21, sec. 1.
        Section 5.  Organization
        The members of the select and common councils shall meet at
     the city hall in said city, and shall then and there organize in
     separate chambers; the members of each council shall each be
     sworn or affirmed to support the Constitution of the United
     States and of the Commonwealth of Pennsylvania, and that they
     will discharge the duties of their office with fidelity; each
     council shall elect a president and such other officers as may
     be deemed necessary for the transaction of business, and shall
     keep a journal of its proceedings, which shall at all times be
     open to public inspection.  1854, Feb. 2, P.L. 21, sec. 5.
        Section 6.  Powers, rights and privileges vested in city
        Upon the first organization of the councils provided for in
     the preceding section, the City of Philadelphia, as established
     by this act, shall be vested with all the powers, rights,
     privileges and immunities incident to a municipal corporation,
     and necessary for the proper government of the same, and those
     of the present corporation of the Mayor, Aldermen, and Citizens
     of Philadelphia; and upon the said organization of councils, and
     upon proclamation made by the Mayor by direction of the said
     city councils, fixing a day therefor not exceeding sixty days
     after the first Tuesday in July then next, all the powers,
     rights, privileges and immunities possessed and enjoyed by the
     following corporations respectively, and of all officers under
     Them, to wit: the commissioners and inhabitants of the District
     of Southwark; the commissioners and inhabitants of the
     incorporated District of the Northern Liberties; the
     commissioners and inhabitants of the Kensington District; the
     commissioners and inhabitants of the District of Spring Garden;
     the commissioners and inhabitants of the District of
     Moyamensing; the commissioners and inhabitants of the District
     of Penn; the commissioners and inhabitants of the District of
     Richmond, in the County of Philadelphia, and of the Districts of
     West Philadelphia and Belmont, of the Boroughs of Manayunk,
     Germantown, Grankford, Whitehall, Bridesburg and Aramingo, and
     of the Townships of Passyunk, Kingseesing, Blockley, Roxborough,
     Germantown, Bristol, Oxford, Lower Dublin, Moreland, Byberry,
     Northern Liberties, Delaware and Penn; also of the board of
     police and of the police district; the present Mayor and
     Councilmen of the City of Philadelphia; the Commissioners of the
     County of Philadelphia; the treasurer and auditors thereof; the
     county board; the commissioners of the sinking fund, and
     supervisors of townships, shall cease and terminate, except so
     much thereof as may be necessary to enable the City of
     Philadelphia, as established by this act, to collect the
     outstanding debts, and make a full and complete settlement
     thereof.  1854, Feb. 2, P.L. 21, sec. 6.
        Section 10.  City treasurer; election; bond; oath
        The qualified voters of the said city shall, on the first
     tuesday in may, one thousand eight hundred and fifty-five, and
     until such election the present city treasurer shall continue to
     be the city treasurer, and on the first Tuesday in May in every
     second year thereafter, elect a city treasurer to serve for two
     years from the first Monday of July next succeeding such
     election.  He shall give bond to the city conditioned for the
     faithful performance of his duty, in such amount as the city
     councils shall direct, and shall, before he enters upon his
     office, take and subscribe an oath or affirmation, honestly to
     keep an account for all public monies and property entrusted to
     his care, and if such treasurer shall knowingly violate said
     oath, he shall be deemed guilty of perjury, and on conviction
     thereof in the proper court, be sentenced to undergo solitary
     imprisonment at hard labor in the eastern penitentiary, for the
     term of not less than one or more than ten years.  Any vacancy
     in said office shall be filled by the city councils, by viva
     voce vote in joint meeting.  No money shall be drawn from the
     treasury of the city, except the same shall have been previously
     appropriated by councils to the purpose for which it is drawn;
     the accounts to be kept by the said city treasurer shall exhibit
     all the receipts and all the expenditures of the city in an
     intelligible manner, in the form of accounts current, in which
     the particulars of each item of charge and discharge shall fully
     and precisely appear.  Any citizen may, on the payment of a fee
     of twelve-and-a-half cents, to be paid to the said city
     treasurer for the use of the city, inspect the said accounts,
     and for a further fee of fifty cents and one cent per line of
     ten words, to be paid for the use of the city, the treasurer
     shall, on request of any citizen, furnish a transcript of any
     part thereof.  It shall be the duty of the councils of the said
     city to provide, and said treasurer to pay, on or before the
     twenty-fifth day of July, eighteen hundred and fifty-six, and in
     each year thereafter into the Treasury of the State, the amount
     of the state tax assessed within the limits of the said city,
     deducting all allowances made by law, and said treasurer elected
     as aforesaid shall, before he enters upon the office, give bond
     with sureties, to be approved by the judges of the Court of
     Common Pleas of Philadelphia County, in such sum as they shall
     direct, conditioned for the safe keeping of and accounting for
     all monies received by him for the use of the State; the said
     treasurer shall keep the public monies in such place and manner
     as the city councils shall direct, and shall verify his cash
     account at least once every week, to the satisfaction of a
     standing committee of councils, and upon the affidavit of a
     majority of such committee of any default therein, the said
     treasurer shall be suspended from office until the further
     action of councils, and the court of Common Pleas of
     Philadelphia County shall, upon said affidavit and cause shown,
     forthwith issue a writ of sequestration to the sheriff of the
     county against such defaulter for the amount of such default, to
     be levied of all his property, estate and effects in favor of
     said city, which writ shall be a lien thereon from the issuing
     thereof, with a clause of attachment contained therein,
     directing the sheriff to arrest the body of such defaulter to
     answer the said charge on the day certain, on which day the said
     court shall inquire of the premises and enter judgment thereon
     as may be just, or in their discretion award an issue to try the
     disputed facts, and if the said court upon such hearing, shall
     be satisfied that there is probable cause to believe that such
     treasurer has committed the crime of perjury, as mentioned in
     this section, it shall be their duty to commit him for trial at
     the next court of quarter sessions of said county.  1854, Feb.
     2, P.L. 21, sec. 10.
        Section 11.  Powers and duties of receiver
        The qualified voters of the said city, shall elect one
     person, who shall be denominated receiver of taxes, to serve for
     four years. He shall give bond and be sworn or affirmed to
     perform his duty in like manner as the city treasurer.  He shall
     collect and receive all taxes and public assessments payable and
     receivable within the limits of the said city, and for that
     purpose shall have and exercise all the powers conferred by law
     in that behalf and shall have the assistance of the necessary
     clerks, to afford proper facilities to all citizens to pay their
     taxes at all business hours of the day.  It shall be the duty of
     the city commissioners to place the duplicates of taxes in the
     possession of the said receiver of taxes as early as
     practicable, in the year for which the taxes shall be assessed.
     The said receiver shall immediately after the first day of
     December, annually give public notice in at least four of the
     public newspapers of said city for ten days, to all persons who
     shall have omitted to pay their taxes, or pay them before the
     first day of january, and that if not paid by that time a
     warrant will issue to collect the same: Provided, that if any
     person against whom such taxes shall have been assessed shall
     make affidavit that he did not own the premises, for which such
     taxes were assessed, at the time they accrued and became a lien
     thereon, the said taxes shall be collected of the true owner
     thereof, or by proceedings to sell the premises by execution.
     And the said receiver of taxes shall furnish certificates of all
     taxes and claims which are a lien on real estate, and receive
     therefor twenty-five cents for each certificate, and five cents
     for each lien and claim certified.  1854, Feb. 2, P.L. 21, sec.
     11.
        Section 12.  City controller; election; oath; duties
        The qualified voters of said city shall elect a city
     controller, to serve for the term of two years, from the first
     Monday of July next succeeding his election.  He shall, before
     entering upon his office, take and subscribe an oath or
     affirmation faithfully to discharge the duties thereof; and if
     he shall knowingly violate said oath or affirmation he shall be
     subject to the same penalty as is provided by the tenth section
     of this act in regard to the City Treasurer.  He shall
     countersign all warrants on the City treasurer and shall not
     suffer any appropriation made by the City Councils to be
     overdrawn, and shall perform all the duties now enjoined by law
     on the County Auditors.  He shall superintend the fiscal
     concerns of the city in such manner, and make reports thereon at
     such times, as shall be prescribed by ordinance.  1854, Feb. 2,
     P.L. 21, sec. 12.
        Section 28.  General powers given to councils by
     consolidation act over wharves, etc.
        It shall be the duty of the said councils after the requisite
     surveys and soundings shall have been made, to fix the lines,
     beyond which no wharf or pier shall be constructed, and to keep
     the navigable waters within said city forever open and free from
     obstructions.  The city councils shall authorize the
     construction of wharves upon a plan and scale to meet the
     demands of commerce, keep the same, and the avenues leading
     thereto open and free from obstructions.  1854, Feb. 2, P.L. 21,
     sec. 28.
        Section 37.  Rights of former municipalities in public
     property vested in city
        All the right, title and interest of the several townships,
     districts and other municipal corporations mentioned in this
     act, of, in and to all the lands, tenements, hereditaments,
     bridges, ferries, railroads, wharves, market stalls, landings,
     landing-places, water-works, gas-works, buildings, easements and
     franchises, of, in and to all goods, chattels, moneys, effects,
     debts, dues, demands, amercements, fees, perquisites, rights,
     incomes, bonds, obligations, judgments, liens, actions and
     rights of action, books, accounts and vouchers, and of, in and
     to all other property and estates whatsoever and wheresoever,
     belonging to any or either of them, be and they are hereby
     vested in the City of Philadelphia, to take effect on the first
     organization of the city councils: Provided, that all the
     estates and incomes now held in trust by the county and each of
     the townships, districts and other municipal corporations united
     by this act, shall be held by the City of Philadelphia upon, and
     for the same uses, trusts, limitations, charities and
     conditions, as the same are now held by the said corporations
     respectively.  1854, Feb. 2, P.L. 21, sec. 37.
        Section 39.  Fiscal year; estimates to be furnished council;
     levy and collection of taxes; taxation of rural property.,
     borrowing money; public squares
        The fiscal year of the City of Philadelphia, the board of
     guardians of the poor of the City of Philadelphia, the Board of
     Health, and of the controllers of public schools of the City of
     Philadelphia, and inspectors of prison, shall commence on the
     first day of January in each and every year.  It shall be the
     duty of the board of guardians of the poor to furnish the
     councils of the City of Philadelphia, on or before the first day
     of March in every year, an estimate of the amount that, in their
     judgment, will be required during the current fiscal year for
     the maintenance and support of the almshouse establishment of
     the said board; and the controllers of public schools, and the
     board of health, the port wardens and inspectors of the prison
     severally shall, in like manner, on or before the same day in
     each year, furnish to the said councils the amount that, in
     their judgment, will be necessary for the support of public
     schools, and the necessary expenses of the board of health, the
     port of wardens and inspectors of the prison respectively, for
     the current fiscal year; and the said city councils shall fix
     the rate, and levy all the taxes now authorized by law, within
     the limits of said city and county, except the State Tax, and
     direct the amount to be applied and paid by the City Treasurer,
     to health, school, poor, city and other purposes, according to
     law; the said taxes shall be voted so as to show how much is
     raised for said objects respectively.  They shall be collected
     and accounted for to the treasurer as one city and county tax.
     The said tax and all State Taxes accruing within said city
     limits, shall be paid to the receiver of taxes, and all
     allowance made by law for the collection and prompt payment of
     the State Tax, shall accrue to the City Treasury, for the use of
     the city:  Provided, that the said city councils shall so
     discriminate, in laying said city taxes, as not to impose upon
     the rural portions, these expenses which belong exclusively to
     the built portions of said city; for which purpose the assessors
     shall distinguish in their returns what properties are within
     agricultural or rural sections, not having the benefit of
     lighting, watching and other expenditures, for purposes
     exclusively belonging to built portions of said city; and all
     lands within said agricultural or rural districts, used for the
     purposes of cultivation or farming, shall be assessed as farm
     land: And provided, that no money shall be hereafter borrowed on
     the faith and credit of said city, unless the ordinance, or
     other authority authorizing the same, shall have been introduced
     at one stated meeting of the common council, and the draft
     thereof published in at least two of the newspapers of the city
     daily, for four weeks before the final consideration and passage
     thereof by the said common council; and at any stated meetings
     of the select council, held at least one week after the final
     consideration of any such ordinance by the common council, the
     select council may consider and act upon any such ordinance; but
     the select council shall not originate any ordinance, or other
     authority for borrowing money; and no loan shall be authorized
     without a vote of two-thirds of the whole number of the members
     of each council: and provided also, that it shall be the duty of
     the city councils to obtain by dedication or purchase, within
     the limits of the said city, an adequate number of squares, or
     other areas of ground, convenient of access to all its
     inhabitants, and lay out and maintain such squares and areas of
     ground as open public places, for the health and enjoyment of
     the people forever.  1854, Feb. 2, P.L. 21, sec. 39.
        Section 40.  Paving of streets and foot ways; laying of water
     pipes; liens
        It may be prescribed by ordinance that paving of streets,
     except at the intersections thereof, and of foot ways, and
     laying of water pipes within the limits of the city, shall be
     done at the expense of the owners of the ground in front whereof
     such work shall be done, and liens may be filed by the said city
     for the same, as is now practiced and allowed by law.  1854,
     Feb. 2, P.L. 21, sec. 40.
        Section 48.  No person to be on more than one board; officer
     of board as member of board; competency of controller as school
     director
        No person shall at the same time be a member of more than one
     of the following bodies, to-wit:  the city councils, the
     guardians of the poor, the board of health, the controllers of
     the public schools, the directors of the public schools, and the
     inspectors of the county prison, nor shall any person be a
     member of any of these bodies, who is at the same time a
     salaried officer under the same or under any of them: Provided,
     that this shall not be construed so as to prevent a controller
     of the public schools from being at the same time a school
     director. 1854, Feb. 2, P.L. 21, sec. 48.
        Section 52.  Board meetings to be open
        The meetings of the said city councils and all corporations
     and boards authorized or recognized as existing under this act,
     except the Board of Health and board of inspectors of the county
     prison, shall be at all times open and accessible to all
     citizens deporting themselves with order and decorum.  1854,
     Feb. 2, P. L. 21, sec. 52.