Pennsylvania Act 1832-93 — MAYOR, ALDERMAN AND CITIZENS INVESTED WITH POWERS

Act text

MAYOR, ALDERMAN AND CITIZENS INVESTED WITH POWERS
                  Act of Mar. 24, 1832, P.L. 176, No. 93              Cl. 11
                                  An Act

     To enable the Mayor, Aldermen, and citizens of Philadelphia to
        carry into effect certain improvements, and execute certain
        trusts.

     Whereas, By the last will and testament of Stephen Girard, late
     of the city of Philadelphia, deceased, the sum of five hundred
     thousand dollars is bequeathed to the mayor, aldermen, and
     citizens of Philadelphia, in trust among other things, to apply
     the income thereof "first, to lay out, regulate, curb, light and
     pave a passage or street on the east part of the city of
     Philadelphia, fronting the river Delaware, not less than twenty-
     one feet wide, and to be called Delaware Avenue; extending from
     South or Cedar street, all along the east part of Water street
     squares, and the west side of the logs which form the heads of
     the docks, or thereabouts; and to this intent, to obtain such
     acts of assembly, and to make such purchases or agreements as
     will enable the mayor, aldermen, and citizens of Philadelphia to
     remove or pull down all the buildings, fences, and obstructions
     which may be in the way, and to prohibit all buildings, fences,
     or erections of any kind to the eastward of said avenue, to fill
     up the heads of such of the docks as may not afford sufficient
     room for the said street, to compel the owners of wharves to
     keep them clean, and covered completely with gravel or other
     hard materials, and to be so levelled that water will not remain
     thereon, after a shower of rain, to completely clean, and keep
     clean, all the docks within the limits of the city, fronting on
     the Delaware; and to pull down all platforms carried out from
     the east part of the city, over the river Delaware, on piles or
     pillars." "Second, To pull down and remove all wooden buildings,
     as well as those made of wood and other combustible materials as
     those called brick-paned, or framed buildings, filled in with
     bricks, that are erected within the limits of the city of
     Philadelphia; and also to prohibit the erection of any such
     building within the said citys limits at any future time."
     "Third, to widen, pave, and curb Water street, and to distribute
     the Schuylkill water therein, upon" a certain plan therein set
     forth. Now, for the purpose of enabling the mayor, aldermen, and
     citizens of Philadelphia aforesaid,to effect the improvements
     contemplated by the said testator,  and to execute in all other
     respects the trusts created by his will, to enable the
     constituted authorities of the city of Philadelphia to carry
     which into effect, the said Stephen Girard has desired the
     legislature to enact the necessary laws.

        Section 1.  Be it enacted by the Senate and House of
     Representatives of the Commonwealth of Pennsylvania, in General
     Assembly met, and it is hereby enacted by the authority of the
     same, That it shall and may be lawful for the mayor, aldermen
     and citizens of Philadelphia, by ordinance lawfully enacted, or
     the intervention and act of authorized officers or agents, to
     lay out, regulate, curb, light, and pave a passage or street,
     not less than twenty-one feet in width, on the east part of the
     city of Philadelphia, fronting the river Delaware, at such
     distance or distances in the several parts thereof from the
     eastern line of Water street as they shall judge proper,
     extending from Vine to Cedar street, to be called the Delaware
     Avenue; and that, having laid out such street, they shall cause
     a record of the same to be made in the court of Quarter Sessions
     for the county of Philadelphia.
        Section 2.  And be it further enacted by the authority
     aforesaid, That it shall be lawful for the mayor, aldermen, and
     citizens of Philadelphia aforesaid, in manner aforesaid, to lay
     out Water street, in the said city, anew, in such manner as that
     the same shall be as nearly straight as conveniently may be, and
     of a uniform, or as near as may be uniform width throughout, not
     less than thirty-nine feet, if practicable, and the same to open
     and keep open for ever, as a common and public highway; and that
     having laid out said Water street of such increased width, they
     shall cause a record of the same to be made in the court of
     Quarter Sessions for the county of Philadelphia.
        Section 3.  Provisions for regulation and care of wharves,
     etc.; levels; material; removal of nuisances, etc.
        It shall be lawful for the mayor, alderman and citizens of
     philadelphia, aforesaid to pass ordinances, or take other
     measures for regulating, adjusting and determining the
     easternmost line to which wharves may hereafter lawfully be
     constructed on the river Delaware, fronting said city, and to
     cause a record of such regulated line to be made in the court of
     quarter sessions for the county of Philadelphia; to fix and
     decide on, or cause their officers to fix or decide on the
     levels of all wharves fronting the said city, and to declare the
     regulation thereof; to require the owners thereof, to pave the
     same or to lay them with gravel, according to such regulation,
     so as effectually to drain and pass off the water from the same,
     and to require all persons owning and occupying or using docks
     or wharves, to cleanse the same and to keep the same in repair,
     and to prescribe the form, materials, and character of
     workmanship of all wharves hereafter to be constructed, and to
     require all platforms now projecting into the river Delaware,
     and supported on piles, pillars, or piers, to be removed, and to
     prohibit the construction in future, of any such projecting
     platforms; and to require the removal, and prohibit the
     construction, in future, of all buildings, fences, and other
     obstructions, to the eastward of Delaware Avenue, above
     mentioned, and to declare all erections and constructions
     whatsoever, contrary to the said ordinances, whether erected
     before or after the passage of the same to be nuisances, and
     generally to devise, ordain, and execute whatever other things
     shall by them, the said mayor, aldermen, and citizens of
     Philadelphia aforesaid, be deemed necessary or convenient for
     the good arrangement, security, and government of the said
     wharves: Provided, That the easternmost line of the said wharves
     shall not be held to be finally determined, and the record
     thereof shall not be made, as aforesaid, unless the Board of
     Wardens, of the port of Philadelphia, shall decide and make
     their certificate in writing, that such easternmost line is not
     inconsistent with the public interests, which certificate shall
     also be recorded in the said court of quarter sessions; but if
     the said certificate shall not be granted by them, within three
     months after application made therefor, the refusal or omission
     of the said Board of Wardens to grant such certificate, shall,
     when duly verified by affidavit, be esteemed the judgment and
     decision of the said Board of Wardens, that such easternmost
     line is inconsistent with the public interests, and in case such
     a decision shall in any wise be made, an appeal shall be
     therefrom to the said court of quarter sessions, as in other
     cases, and the judgment of the said court, in favor of such
     regulated line, shall be, for all purposes, equivalent to a
     similar decision by the said Board of Wardens: Provided, That
     nothing herein contained shall be so construed to give authority
     to any one to erect wharves, or piers, extending out as far as
     the said regulated easternmost line, without license, from the
     said Board of Wardens, as heretofore.  1832, March 24, P.L. 176,
     sec. 3.
        Section 4. And be it further enacted by the authority
     aforesaid, That it shall be lawful for the mayor, aldermen, and
     citizens of Philadelphia aforesaid, to pass ordinances,
     prohibiting the construction within the said city, or any parts
     thereof, of all framed or brick-paned or other buildings, the
     walls whereof are not wholly composed of incombustible
     materials, determining the thicknesses of which walls of
     buildings of different dimensions and character shall hereafter
     be made in the said city, and in making all such other legal
     provisions as they shall think expedient for preventing the
     extension of injuries from fire, in the said city, and to
     declare all buildings, the walls whereof are not wholly composed
     of incombustible materials, to be nuisances.
        Section 5.  Delaware Avenue and Water Street; opening;
     wharves; buildings
        When any of the said ordinances shall have been passed, or
     other proceedings had in relation to the said Delaware Avenue
     and Water Street, or either of them, and the record thereof
     shall have been made as aforesaid, it shall be lawful for the
     mayor, aldermen, and citizens of Philadelphia aforesaid, to
     proceed, from time to time, to open for public use, any part or
     parts thereof, and the same to keep open as common and public
     highways forever; and to that end, to enter upon such property
     as may be found to be within the same, construct wharves
     extending into the river, within the lines of said Delaware
     Avenue, and to a reasonable distance beyond the same, and fill
     up all docks within the limits thereof, and remove all
     obstructions, of whatever kind, from within the limits of said
     avenue and street, or any parts thereof, and level, drain,
     pitch, and pave the same, as other streets in the said city.
     And from and after the passing of such ordinances, and the
     record of the said avenue and street, all buildings, thereafter
     erected or rebuilt on the said avenue and street shall conform
     to the recorded limits of the same, and the mayor, aldermen and
     citizens of Philadelphia aforesaid, may pass ordinances,
     declaring all obstructions within the same to be nuisances.
     1832, March 24, P.L. 176, sec. 5.
        Section 6. And be it further enacted by the authority
     aforesaid, That it shall at all times be lawful for the mayor,
     aldermen and citizens of Philadelphia, aforesaid, to remove and
     abate any building, erection or obstruction whatever, which, by
     this act, or by any ordinance to be hereafter passed by virtue
     of it, may be declared a nuisance: Provided, That if such
     building, erection or obstruction shall have been in existence
     at the time of the passage of this act, or of such ordinance
     passed by virtue hereof, the mayor, aldermen and citizens
     aforesaid shall give at least three months notice of their
     intention to remove the same to the persons having the
     ownership, occupation or use thereof, or in case no such persons
     shall be known to them, then they shall affix a copy of such
     notice to and upon such building, erection, or obstruction,
     three months before proceeding to remove the same.
        Section 7. And be it further enacted by the authority
     aforesaid, That it shall be lawful for the said mayor, aldermen
     and citizens of Philadelphia, aforesaid, to provide for the
     punishment of any person or persons who shall commit any
     nuisance contrary to the intent and meaning of this act, and of
     the ordinances which may be passed by virtue thereof, and of any
     person or persons who having committed any such nuisance, shall,
     after notice, refuse or neglect to remove the same.
        Section 8. And be it further enacted by the authority
     aforesaid, That all persons whatsoever who shall receive damage
     to their property by reason of any thing which shall have been
     done by the mayor, aldermen and citizens of Philadelphia, under
     this act, or any ordinances passed by virtue hereof, may, after
     ten days notice of such their intention, to the mayor, aldermen
     and citizens aforesaid, apply by petition in writing, to the
     court of Quarter Sessions for the county of Philadelphia, who
     shall thereupon appoint a jury of twelve disinterested
     freeholders, citizens of the city of Philadelphia, which jury
     shall assemble, after ten days notice of their meeting, given as
     aforesaid, and shall be sworn or affirmed to inquire what
     damages the petitioners, or any of them, have sustained by
     reason of any thing so done, considering as well the advantages
     which may accrue to such petitioners as the injuries by them
     complained of, and the said jury having viewed the premises and
     heard the parties, or their counsel, shall report in writing,
     under the hands of at least ten jurors, and their report having
     been considered and confirmed by the court, the damages thereby
     found shall be paid by the mayor, aldermen and citizens
     aforesaid, in six months after the confirmation of the said
     report.
        Section 9.  And be it further enacted by the authority
     aforesaid, That if the mayor, aldermen and citizens aforesaid,
     shall deem it expedient that the damages should be legally
     ascertained before proceeding to enter on premises for the
     purpose of removing obstructions, and before appropriating to
     public use any property of individuals, or otherwise injuriously
     affecting the rights and interests of any proprietor, the mayor,
     aldermen and citizens aforesaid may, from time to time apply to
     the court of Quarter Sessions for the county of Philadelphia, by
     petition, in writing, specifying therein as nearly as may be the
     persons and property in regard to which they desire that the
     damages should be ascertained, and thereupon the said court
     shall appoint a jury of twelve disinterested freeholders,
     citizens of the city of Philadelphia, which jury shall assemble,
     after ten days notice of their meeting given to the owners or
     occupiers of the property, and shall be sworn or affirmed, as is
     provided in the foregoing section of this act, and having viewed
     and heard, as is therein provided, shall report in writing,
     under the hands of at least ten jurors, specifying in their said
     report as well the causes for which damages, if any should be
     paid, as the amounts of such damages, and in such case the
     mayor, aldermen and citizens aforesaid may, within one year
     after the confirmation of such report by the court of Quarter
     Sessions, tender to any owner of property named therein, the
     amount of damages thereby found in his favor, or may pay the
     same into court, for his use and benefit, and may thereafter
     proceed to enter upon the premises, and remove the obstructions,
     or appropriate the property for which damages shall have been so
     paid or tendered, first giving three months notice to the tenant
     in possession, if any: Provided however, That if the amount so
     found by such jury in favor of any owner, shall not be so
     tendered or paid within one year after the confirmation of such
     report, then the proceedings had upon the said petition of the
     mayor, aldermen, and citizens aforesaid, shall, so far as
     relates to the said owner, be null and void, and the mayor,
     aldermen, and citizens aforesaid, may thereafter present their
     petition in writing anew, under this section, as if no
     proceedings had before been had: And provided, also, That when a
     report shall have been made by a jury, under the provisions of
     this section, and damages shall have been tendered or paid, in
     accordance therewith, if thereafter any other damage than that
     reported on shall be sustained, the party aggrieved may
     thereafter apply, in regard to such other damages, for a jury to
     assess the same, under the eighth section of this act: Provided
     further, That it shall at all times be competent to the mayor,
     aldermen, and citizens aforesaid, to agree with any owner or
     owners of property, so to be taken, removed, or affected for the
     damages thereby to be occasioned, and such agreement shall be
     instead of any of the proceedings detailed in this or the
     foregoing sections of this act: And, forasmuch as in the course
     of time it may appear that powers are not vested in the said the
     mayor, aldermen, and citizens of Philadelphia which may be yet
     required to the full execution of those parts of the said will
     of the said Stephen Girard, for the carrying of which into
     effect he has in his said will requested legislative provision,
     and it is the object and intent of this act fully to confer all
     such powers.
        Section 10. Be it further enacted by the authority aforesaid,
     That it shall be lawful for the mayor, aldermen, and citizens of
     Philadelphia, to exercise all such jurisdiction, enact all such
     ordinances, and do and execute all such acts and things
     whatsoever as may be necessary and convenient for the full and
     entire acceptance, execution, and prosecution of any and all the
     devises and bequests, trusts and provisions contained in the
     said will, which are the subjects of the preceding parts of this
     act, and to enable the constituted authorities of the city of
     Philadelphia to carry which into effect, the said Stephen Girard
     has desired the legislature to enact the necessary laws.
        Section 11.  Restrictions on laying out of roads or streets
        No road or street shall be laid out or passed through the
     land in the county of philadelphia, bequeathed by the late
     Stephen Girard for the erection of a college, unless the same
     shall be recommended by the trustees or directors of said
     college, and approved by a majority of the select and common
     councils of the City of Philadelphia.  1832, March 24, P.L. 176,
     sec. 11.