Pennsylvania Act 1789-1383 (session 2) — PHILADELPHIA - INCORPORATED, POWERS AND DUTIES

Act text

AN ACT

To incorporate the city of Philadelphia.

Section 2. Be it therefore enacted, and it is hereby enacted by the Representatives of the Freemen of the commonwealth of Pennsylvania, in General Assembly met, and by the authority of the same, That the inhabitants of the city of Philadelphia, as the same extends and is laid out between the rivers Delaware and Schuylkill, be, and they, and their successors for ever, are hereby constituted a corporation and body politic, in fact and in law, by the name and style of "The Mayor, Aldermen and Citizens of Philadelphia," and by the same name shall have perpetual succession; and they and their successors shall, at all times for ever, be able and capable in law to have, purchase, take, receive, possess and enjoy lands, tenements and hereditaments, liberties, franchises and jurisdictions, goods, chattels and effects to them and their successors for ever, or for any other or less estate; and the same lands, tenements and hereditaments, goods, chattels and effects, to grant, bargain, sell, alien and convey, mortgage. pledge, charge and encumber, or demise and dispose of, at their will and pleasure.

Section 3. And be it further enacted by the authority aforesaid, That the said Corporation, by the name and style aforesaid, are, and for ever shall be, able and capable in law to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in all courts of record, and elsewhere, in all manner of actions, suits, complaints, pleas, causes and matters whatsoever; and to do and execute all and singular other matters and things, that to them, as a body politic and corporate, in law and in fact, shall and may appertain; and for that purpose shall have and use one common seal, and the same, from time to time, shall and may, at their will and pleasure, change and alter, deface and make anew.

Section 14. Provided nevertheless, That each and every Mayor, Recorder or Alderman, who shall be elected, chosen or appointed, in pursuance of this act, and who shall misdemean himself in office, shall be liable to be impeached by the General Assembly, before the President or Vice-President and Council, and shall be removable for misconduct in office by the said General Assembly.

Section 16. And be it further enacted by the authority aforesaid, That the Mayor, Recorder, Aldermen and Common council-men, in Common Council assembled, shall have full power and authority to make, ordain, constitute and establish, such and so many laws, ordinances, regulations and constitutions, (provided the same shall not be repugnant to the laws and constitution of this commonwealth,) as shall be necessary or convenient for the government and welfare of the said city, and the same to enforce, put in use, and execution, by the proper officers, and at their pleasure to revoke, alter and make anew, as occasion may require.

Section 35. And be it further enacted by the authority aforesaid, That, from and after the said first day of June next, the Mayor, Recorder, Aldermen and Common Council-men shall be, and they are hereby, fully authorized and empowered, either by themselves, or by proper persons for that purpose to be by them appointed, to do, perform and execute all such matters and things, as the said Wardens and Street Commissioners were, at and immediately before the passing of this act, respectively authorized or enabled by law to do.

Section 36. And be it further enacted by the authority aforesaid, That, from and after the said first day of June next, the Mayor or Recorder, and four of the Aldermen, shall be, and they are hereby fully authorized and empowered, either by themselves, or by proper persons to be by them for that purpose appointed, to do, perform and execute all such matters and things, as the said Wardens and Street Commissioners respectively were, at and immediately before the passing of this act, authorized or enabled by law, to do and perform, in conjunction with any Justice or Justices of the Peace of and for the city and county of Philadelphia, or of either of them. And for the several purposes aforesaid, it shall and may be lawful for the said Mayor, Recorder, Aldermen and Common Council-men, in Common Council assembled, to make, ordain and establish such ordinances, regulations and provisions, concerning the same, as by them shall be deemed necessary and expedient; and also to allow and make such rewards and compensation to the several officers of the said Corporation, and persons to be employed in the service thereof, as shall be just and reasonable. Provided nevertheless, That the consent and approbation of the Mayor or Recorder, and of a majority of the Aldermen, and also of the Common Council-men, who shall, from time to time, be present, and in Common Council assembled, shall be necessary to the making, ordaining or establishing of any such rules, regulations, appointments, laws, ordinances and constitutions, as the said Mayor, Recorder, Aldermen and Common Council-men, in Common Council, assembled, are, in and by this act authorized or empowered to make, ordain or establish.

Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.

Section 40. And be it further enacted by the authority aforesaid, That all the rights of the late corporation, known by the name of "The Mayor and Commonalty of Philadelphia, in the province of Pennsylvania," in and to all lands, tenements, hereditaments, ferries, wharves, markets, stalls, landings and landing-places, goods, chattels, monies and effects, whatsoever; and also all other lands, tenements and hereditaments, rights, franchises, liberties, privileges, goods, chattels, monies and effects, whereof any person or persons, or bodies politic or corporate, are seized or possessed, or which they, or any of them, hold or enjoy in trust for, or to and for the use of the citizens of the city of Philadelphia, or which the said citizens are, in any wise, entitled to, be, and they are hereby, severally and respectively, vested in the said corporation, or body politic, of the city of Philadelphia, and their successors, in and by this act established by the name, style and title aforesaid, to and for the use and benefit of the said citizens, and their successors, for ever; saving, nevertheless, to all and every person and persons, and bodies politic and corporate, his her and their just rights therein.

Section 44. And be it further enacted by the authority aforesaid, That as often as any doubts shall arise touching this act, the same shall, in all courts of law and equity, and elsewhere, be construed and taken most favourably for the said corporation.