A FURTHER SUPPLEMENT TO AN ACT ENTITLED ' 4’i / h'\ • ) AN ACT TO INCORPORATE THE CITY OF PHILADELPHIA, PASSED JANUARY 31, 1854; WITH FURTHER ACTS •CONSTRUING AND ALTERING THE SAME; Passed respectively April 24,1854, March 30, and April 21, 1855. CERTIFIED FROM THE ORIGINAL RECORDS IN THE OFFICE OF THE SECRETARY OF THE COMMONWEALTH. PHILADELPHIA: CRISSY & MARKLEY, PRINTERS, GOLDSMITHS HALL, LIBRARY STREET. 1 ^ 5 * 5 . 3SSL.6WI 'PS'?*- \ < ?SA-5S' INDEX. . 5 ^O L O r v Qs \s) o Section. Page. 1. Corporate name and boundaries of the City of Philadelphia, - 5 2. Boundaries of the Wards, - 5-8 3. Boundaries of the Election Divisions, 9 OF PUBLIC OFFICEBS. 4. The Councils, - - - - - - 9, 10 5. Their Organization, ----- 10 6. Its Effect, - - - - - - 11, 12 7. Mayor, - - - - - - - 12, 13 8. Marshal of Police, - - - - - 13, 14 9. Appointment of Policemen, Watchmen, &c., - - 14 10. City Treasurer, - - - - - - 15, 16 11. Receiver of Taxes, ------ 16-18 12. City Controller, - 18, 19 13. City Commissioner, ----- 19 14. Supervisors, - - - - - - 19, 20 15. City Solicitor, ------ 20 16. Board of Health, ----- 20, 21 17. Assessors, - - - - - - - 21, 22 18. Guardians of the Poor, - - - - - 22, 23 19. Their Organization, ----- 23, 24 20. Directors of Public Schools, - 24 21. Their Organization, - 24, 25 22. Controllers of Public Schools, - - - - 25, 26 23. Vests Estate in City, &c., - - - , - 26 24. Aldermen, ------ 26, 27 25. Members of Congress, of the Senate and Assembly, - 27 26. Constables, - - - - - - 27, 28 27. Surveyors and Regulators, ----- 28, 29 28. Port Wardens, ------ 29 4 Section. Page. ELECTION^. 29. Duties of Sheriff and County Commissioners, - - 29, 30 30. Opening and Closing, &c., - 30 31. Regulates first election as to Officers, - - - 30, 31 32. Provides for immediate means of information of results of Elections, 31 33. Returns of Election, ----- 32 34. Manner of making out Returns, - - - - 32, 33 35. Of Contesting the Election, - 33, 34 36. Extends terms of Officers till June Election, 34 GENERAL PROVISIONS. 37. Vests Estates of Districts, &c., in city, - 34 38. Public Debt, Interest thereon, Loans, &c., - - - 34, 35 39. Fiscal year and Estimates of Guardians of Poor, &c., - 35-37 40. Paving, &c., ------ 37 41. Powers of County Commissioners and County Board vested in city,&c., 37 42. Police and Fire Department, 37 43. Office of Tax Collector abolished, ... 38 44. Existing Laws continued until repealed, 38 45. Of Impeachment and Removal from Office, - 39 46. Compensation of Officers, and filling vacancies, - - 39 47. Salaries not to be increased or reduced during term of Office, 39 48. Incompatible Offices, * - - - 39 49. Surety and Oath of Office, - - - - 40 50. Councils to regulate Departments, 40 51. No Officer, Clerk, &c., to be interested in Contracts, - 41 52. Councils and other bodies to sit with open doors, 41 53. Railroad subscriptions to be binding, - - - 41 Secretary’s Certificate, - - • - - 42 An Act construing the Act of Consolidation, - 43 An Act to authorize the Corporation of the City of Philadelphia to make temporary loans, - - 44 A Supplement to the Act consolidating the City of Philadelphia, - - - - - - 45 A FURTHER SUPPLEMENT TO AN ACT ENTITLED ‘AN ACT TO INCORPORATE THE CITY OF PHILADELPHIA,’ 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 the corporate name of the Mayor, Aldermen aLnd Citizens of Philadelphia shall he changed to “ The City of Philadelphia,” and the bounda¬ ries 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. Sect. 2. And be it further enacted by the authority aforesaid , That the said city shall be divided into wards, as follows, to wit: First Ward. —That part thereof bounded as follows : beginning at Wharton street and the river Delaware; thence along Wharton street to the Passyunk road; thence along the Passyunk road to Little Washington street; thence along Washington to Broad street; thence along Broad street to South street: thence along South street to the river Schuylkill; thence along the river Schuylkill Corporation of “the City of Philadelphia,” established. Divided into wards, Wards. 6 wards, to its junction with the river Delaware; thence along the river Delaware to the place of beginning, together with League Island. Second Ward. —That part thereof lying between Broad street and the river Delaware, and between the lines of aforesaid First ward and Christian street. Third Ward. —That part thereof lying between Broad street and the river Delaware, and between Christian street on the south, and Fitzwater, German, Mead, and Catharine streets on the north. Fourth Ward. —That part thereof lying between Broad street and the river Delaware, and between the north line of aforesaid Third ward and South street. Fifth Ward. —That part thereof lying between Seventh street and the river Delaware, and between South street and Chestnut street, including Windmill Island. Sixth Ward. —That part thereof lying between Seventh street and the river Delaware, and between Chestnut street and Vine street. Seventh Ward. —That part thereof lying between Seventh street and the river Schuylkill, and between South street and Spruce street. .Eighth Ward. —That part thereof lying between Seventh street and the river Schuylkill, and between Spruce street and Chestnut street. Ninth Ward. —That part thereof lying between Seventh street and the river Schuylkill, and between Chestnut street and Arch street. Tenth Ward. —That part thereof lying between Seventh street and the river Schuylkill, and between Arch street and Vine street. Eleventh Ward. —That part thereof lying between Third street and the river Delaware, and between Vine street and Poplar street. Twelfth Ward. —That part thereof lying between Sixth street and Third street, and between Vine street and Pop¬ lar street. Thirteenth Ward. —That part thereof lying between Sixth street and Tenth street, and between Vine street and Poplar street. Fourteenth Ward. —That part thereof lying between Tenth street and Broad street, and between Vine street and Poplar street. Fifteenth Ward. —That part thereof lying between 4 7 Broad street and the river Schuylkill, and between Vine street and Poplar street. Sixteenth Ward. —That part thereof bounded as follow T s: beginning at Maiden street and the river Delaware; thence along Maiden street to the Frankford road; thence along the Frankford road to Franklin avenue; thence along Franklin avenue to Sixth street; thence along Sixth street to Poplar street; thence along Poplar street to the river Delaware; thence along the river Delaware to the place of beginning. Seventeenth Ward. —That part thereof bounded on the north by Oxford street, on the east by the Frankford road, on the south by Franklin avenue, and on the west by Sixth street. Eighteenth Ward. —That part thereof bounded as follows: beginning at Maiden street and the Delaware river; thence along Maiden street to the Frankford road; thence along the Frankford road to Norris street; thence along Norris street to the river Delaware; thence along the river Delaware to the place of beginning. Nineteenth Ward. —That part thereof bounded as follows: beginning at Norris street and the Delaware river ; thence along Norris street to the Frankford road ; thence along the Frankford road to Oxford street; thence along Oxford street to Sixth street; thence along Sixth street to Lehigh avenue ; thence along Lehigh avenue to the Frankford road; thence along the Frankford road to Westmoreland street; thence along Westmoreland street to the Point road; thence along the Point road to the north-east boundary of the district of Richmond ; thence along the same to the river Delaware; thence along the river Delaware to the place of beginning. Twentieth Ward. —That part thereof bounded as follows : beginning at Poplar street and the river Schuyl¬ kill ; thence along the said Poplar street to Sixth street; thence along the said Sixth street to Susquehanna avenue ; thence along the said Susquehanna avenue to Eleventh street; thence along the said Eleventh street to Mont¬ gomery street, thence along the said Montgomery street to the river Schuylkill; thence along the same to the place of beginning. Twenty-first Ward. —That part thereof lying within the present bounds of the borough of Manayunk and the townships of Roxborough and Penn; and the southern Wards. 8 wards, "boundary thereof, shall he as follows: beginning at Mont¬ gomery street and the river Schuylkill; thence along Montgomery street to Eleventh street; thence along Eleventh street to Susquehanna avenue; thence along Susquehanna avenue to the Germantown road. Twenty-second Ward. —That part thereof lying within the present bounds of the townships of Germantown and Bristol, and the borough of Germantown. Twenty-third Ward. —That part thereof including all the remainder of the present county of Philadelphia, east of the river Schuylkill. The said ward shall be entitled to elect four members of the Common Council by separate tickets, as follows : One member shall be elected by the qualified voters residing within the present limits of the townships of Delaware, Moreland, and Byberry; one member by the qualified voters residing within the present limits of the townships of Oxford and Lower Dublin; one member by the qualified voters residing within the present limits of the borough of Erankford and Whitehall; and one member by the qualified voters residing in the re¬ mainder of said ward. Tiventy-fourth Ward. —That part of the county of Philadelphia lying west of the river Schuylkill. Provided , That whenever a street, road, avenue, or Boundary lines, river is named as a boundary in this section, the centre thereof shall be understood. Each of said wards, with the exception of the Seventeenth and Twenty-third, shall, Number of at the Municipal Election in 1854, elect three members wa^raL of the Common Council. The Seventeenth Ward shall, at said election, elect four members by general ticket; and the Twenty-third Ward shall, at said election, elect four members as hereinbefore provided. The qualified ■ voters of each of the aforesaid wards in the said city shall, at the municipal elections in the said city, in the year Counciimeniu 1855, and annually thereafter, be entitled to elect one after. aa 1 txt member of the Common Council for every twelve hundred taxable inhabitants, and one for every fraction of six hundred or more of such taxables of said ward, according to the enumeration of taxables made in the preceding year. Provided , That no ward shall have less than three Corn- Duty of sheriff m on Councilmen. And it shall be the duty of the sheriff tion^fComSon of the county of Philadelphia, in his proclamation for every councilmen. municipal election in the year 1855, and thereafter, to state the number of members of the Common Council 9 which the qualified voters of each of the said wards shall be entitled to elect as aforesaid. Sect. 3. And be it further enacted by the authority aforesaid , That on or before the first Monday in May, one thousand eight hundred and fifty-four, the Commis¬ sioners of the county of Philadelphia (and thereafter the City Councils) shall lay out and establish a sufficient number, not less than six, election divisions in each of the wards established by the second section of this act, which divisions shall be, whenever practicable, bounded on all sides by streets, lanes, roads, alleys, avenues, streams of water, or by one of the boundary lines of said city, and shall be as nearly equal in number of taxable inhabitants as such boundaries will admit of, and shall be numbered respectively one, two, three, four, and so on. The said Commissioners and the said Councils, when they establish the same, shall make an accurate description thereof, and cause it to be published in one or more of the daily papers of the city of Philadelphia, and shall file a copy of such description in the office of the Clerk of the Court of Quarter Sessions of the county of Philadelphia, to be and remain on record in said office; and if, at any election thereafter, there shall be more than four hundred votes polled in any of the said divisions, then at some period at least forty days previous to the next succeeding election, the City Councils shall re-arrange the divisions of the wards wherein such vote has been polled, and increase the number thereof if necessary. Sect. 4. And be it further enacted by the authority aforesaid , That the legislative powers of the said city shall be vested in two bodies, to be called the Select and Common Councils; the Select Council shall consist of one member from each ward, who shall have the same qualifi¬ cations as are required by the Constitution of this Com¬ monwealth for members of the Senate, and shall be elected as follows, to wit: on the first Tuesday in June, 1854, the qualified voters of the First, Third, Fifth, Seventh, Ninth, Eleventh, Thirteenth, Fifteenth, Seventeenth, Nineteenth, Twenty-first, and Twenty-third Wards respectively, shall elect one member to serve until the Monday succeeding the first Tuesday of May, 1855 ; and on the first Tuesday in June, 1854, and in the same manner, the qualified voters of the Second, Fourth, Sixth, Eighth, Tenth, Twelfth, Fourteenth, Sixteenth, Eighteenth, Twentieth, Election Divisions of the wards,how fixed Legislative powers vested in Select and Com¬ mon Councils. Select Coun¬ cil, qualification of members. 10 Twenty-second, and Twenty-fourth Wards respectively, shall elect one member to serve until 10 o’clock on the Monday succeeding the first Tuesday of May, 1856 ; and annually, thereafter, on the first Tuesday in May, the qualified voters of each ward in which there shall be a vacancy, shall elect one member qualified as aforesaid, to commonCoun- serve for two years. The members of the Common ofmembers atl ° n Council shall have the same qualifications as are required by the Constitution of this Commonwealth for members of the House of Representatives, and shall be elected as follows, to wit: on the first Tuesday in June, 1854, the first election of members of said Common Council shall be held, and the person then elected shall serve until 10 o’clock on the Monday succeeding the first Tuesday in May, 1855, and on the first Tuesday in May, 1855, and annually thereafter on the first Tuesday of May, the members of the said Common Council shall be elected and serve until 10 o’clock on the Monday succeeding the first Proviso. Tuesday in May ensuing their election. Provided , That no member of the State Legislature, nor any one holding office or employment from or under the State at the time of said election, shall be eligible as a member of said Councils; nor shall any member of said Councils, during the term for which he shall be elected, hold any office or employment herein created or provided for of a municipal character. Sect. 5. And be it further enacted by the authority Organization aforesaid , That the members of the Select and Common of officeTdecfa Councils elected on the first Tuesday in June, 1854, shall other d omcer S a ! nd meet at the City Hall, in said city, at 10 o’clock in the forenoon of the Monday succeeding their election, 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 be at all times open to public inspection ; and on the Monday succeeding the first Tuesday in May, in each year there¬ after, the members of the Councils elect shall meet as afore¬ said with those whose terms have not expired, and shall take the oath of office and enter upon the duties thereof. 11 Sect. 6. And be it further enacted by the authority aforesaid , That upon the first organization of the Councils Rightsve8 ted provided for in the preceding section, the city of Phila- m new cor P° ra - delphia, 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 corpora¬ tion 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 Mayor to City Councils, fixing a day therefor not exceeding sixty ™ 0 ? e fixingTay days after the first Tuesday in July then next, all the powers, rights, privileges, and immunities possessed and shall cease, enjoyed by the following corporations respectively, and of all officers under them, to wit: the Commissioners and inhabitants of the district of Southwark; the Commis¬ sioners and inhabitants of the incorporated district of the Northern Liberties ; the Commissioners and inhabitants of the Kensington district; the Commissioners and inhabi¬ tants of the district of Spring Garden; the Commissioners and inhabitants of the district of Moyamensing ; the Com¬ missioners 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, Frankford, Whitehall, Bridesburg, and Ara- mingo, and of the townships of Passyunk, Kingsessing, 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 the 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 com¬ plete settlement of the affairs thereof: Provided , That all Proviso# Treasurers, Police and other officers, of the aforesaid officers of corporations, county and townships, shall continue to poraKiT To' discharge the duties of their respective offices until super- continue to dis- , , ° , 1 . . « -r-»i charge their du- seded or dismissed by the authority oi the city ot Phila- ties until super- delphia, and be accountable as officers holding office under su e ‘ 12 said city, and shall account for all moneys in their hands corporations through the auditor, and make payment to the Treasurer to contract any ot said city: And provided , That no corporation hereby exce P t°for ordi- superseded, or whose estates may by force of this act he nary supplies, y es ted in the city of Philadelphia or the present Councils of the corporation of the Mayor, Aldermen and Citizens of Philadelphia, shall, at any time after the passage of this act, contract any loan or debt other than for the ordinary supplies, repairs, and payment of labor and salaries. Sect. 7. And be it further enacted by the authority aforesaid , That the qualified voters of the city of Phila¬ delphia shall, on the first Tuesday in June, eighteen tion o^o^selve hundred and fifty-four, and the first Tuesday in May in for two years, every second year thereafter, elect one person to serve as Mayor of the said city by a plurality of the votes, and in case of a tie the Councils shall order a new election. He shall serve for two years, and until his successor shall be elected and duly qualified. He shall be at least thirty Qualifications, years of age, a citizen of the United States, and have resided seven years next preceding his election within this Commonwealth, and the last two years thereof in the said city. He shall take the usual oath of office, in the presence of the Councils, to be administered by one of the Judges of the Courts in said city, at twelve o’clock noon, on the Tuesday next succeeding his election : besides the powers otherwise conferred by law, he shall have the ms powers like power and authority as the Sheriff of the county of »nd duties. Philadelphia now has for the suppression of any riot, disturbance, and violation of law, and shall exercise the authority of making the requisition for the commanding officer of the military, in lieu of the Marshal of Police as now authorized by law, and of dismissing all police officers and watchmen, other than the Marshal of Police, for • failure in the discharge of duty. It shall be the Mayor’s duty to communicate to Councils, at least once a year, and oftener if deemed expedient, a general statement of the condition of the city in relation to its government, finances, and improvements; to recommend the adoption of all such measures as he may deem expedient for the security, health, cleanliness, improvement, and welfare of the city; to be vigilant and active in causing the laws and ordinances of the city to be duly executed; for which purposes the Marshal of Police, all policemen and watch- 13 men shall obey his orders, and make report to him when acting under his orders, and he shall exercise a constant supervision and control over the conduct of all subordinate officers, receive and examine all complaints preferred against them, and generally perform all such duties as may be pre¬ scribed by the laws and ordinances of said city and of this Commonwealth ; and he may call special meetings of the Councils whenever any public emergency may require. Every ordinance which shall have passed both Councils shall be presented to the Mayor. If he approve, he shall veto power, sign it: but if he shall not approve, he shall return it with his objections to the Council in which it originated; which shall proceed to reconsider it. If, after such reconsidera¬ tion, two-thirds of that Council shall agree to pass the ordinance, it shall be sent, with the objections, to the other Council, by w T hich likewise it shall be reconsidered, and if approved by two-thirds of that Council also, it shall be a binding ordinance. In such case the votes of both Councils shall be determined by yeas and nays, and the names of the members voting shall be entered on the journals. Every ordinance which the Mayor shall not so return within fifteen days, shall take effect as if it had been approved. The Mayor may approve ordinances in vacations of Councils, and may call special meetings of Councils to reconsider ordinances which he does not approve, on three days’ notice to each member. In case se ^ c 0 a f M°ayS, of his temporary absence or inability to act, the Councils Councils t0 a P- shall appoint a Mayor to serve until he shall resume the duties of his office ; and whenever a vacancy shall occur in case of va¬ in the office of Mayor, by death or otherwise, it shall be to°iect Councils the duty of the Select and Common Councils, in joint meeting, forthwith to elect, viva voce , a person qualified as aforesaid, to serve as Mayor, who shall continue in office until the Tuesday succeeding the next city election, and until his successor shall have been duly elected and qualified. The Mayor shall receive a salary to be fixed salary to be by Councils, which shall not be increased nor diminished cus d by Coun ' during the term for which he shall have been elected. The police officers, policemen and watchmen, shall receive the compensations to be fixed by ordinance of said Coun¬ cils, and it shall be a misdemeanor in office for any of them to receive any other compensation or reward, to be followed by dismissal from service. Sect. 8. And be it further enacted by the authority 14 aforesaid , That the qualified voters of the said city shall, on Marshal of the first Tuesday of May, 1857, and on the first Tuesday Police, election j n ^ay j n ever y secon( } y ear thereafter, elect a Marshal of Police, who shall receive the salary and do and perform ms powers duties an d exercise the powers now enjoined or and duties. conferred upon him by law, except so far as hereby modi¬ fied, and all such others as may by law or ordinance be enjoined or conferred upon him as Chief of the Police, and that throughout the entire limits of said city. He shall execute the orders and warrants of the Mayor, and make report to him, and have the command of all police¬ men and watchmen for the preservation of the peace and execution of process, and may suspend them from service and pay, until the decision of the Mayor be obtained. And until such election, the present Marshal of Police shall continue to hold the office and exercise the powers and perform the duties of Marshal of Police, as by this act modified. Sect. 9. And be it further enacted by the authority aforesaid , That the powers conferred by law on the Police police ° W Boar°d Board of the Police District, shall be exercised by the city councils .* 0 City Councils. They shall fix the whole number of super- Counciis to visors of highways, policemen and watchmen for the ser- supotSom of vice of the whole city. The councilmen for the respective Highways. wards shall nominate three times the proportionate number [See page 53.] num k e r of supervisors, and no more, to the and Watchmen! Mayor, from which nominees the Mayor shall appoint the proper number to be the supervisors, taking one of the to iSSST 611 nom i ne es of the Councilmen of the respective wards, and in like manner, all vacancies shall be filled. The Councils Councils to shall, in joint meeting, and by viva voce vote, appoint all the heads of de- the heads oi departments not elective, and shall provide partments. ^y ordinance for the appointments of clerks and officers, cierks and except the Mayor’s clerk, who shall be appointed by the pcdnted. b ° w Mayor, and the Marshal’s clerk, who shall be appointed by the Marshal—all of whom shall serve for such periods as may be fixed by ordinance, subject to dismissal by the appointing power or superior officer, as such ordinance may provide. The head of each department shall nomi¬ nate, and by and with the advice and consent of the Select Council, appoint the clerks and officers in his de- and Watchmen! partment. The Mayor shall nominate, and by and with how appointed., a dvice and consent of the Select Council, appoint the policemen and watchmen. 15 Sect. 10. And be it further enacted by the authority aforesaid , That the qualified voters of the said city shall, on the first Tuesday in May, 1855, and until such elec¬ tion, the present City Treasurer shall continue to be the sur er, Cl eiection City Treasurer, and on the first Tuesday in May in every of - second year thereafter, elect a City Treasurer to serve for two years from the first Monday of July next suc¬ ceeding such election. He shall give bond to the city shall; give conditioned for the faithful performance of his duty, in bond ‘ 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 and account for all public moneys 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 soli¬ tary imprisonment at hard labor in the Eastern Peniten¬ tiary, for the term of not less than one nor more than ten years. Any vacancy in said office shall be filed by vacancy, the City Councils, by viva voce vote in joint meeting. how filled ' No money shall be drawn from the treasury of the city, Powers and except the same shall have been previously appropriated duties ' 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 dis¬ charge 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 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 25th day of July, 1856, and in each year thereafter, into the treasury of the State, the amount of the State tax assessed within Payment of the limits of the said city, deducting all allowances made stateTax - by law; and said Treasurer elected as aforesaid shall, be¬ fore 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 16 Proceedings in case of default. Receiver of Taxes, how elec¬ ted. Ilis powers and duties. for all moneys received by him for the use of the State; the said Treasurer shall keep the public moneys in such place and manner as the City Treasurer 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 a 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. Sect. 11. And be it further enacted by the authority aforesaid , That the qualified voters of the said city shall, on the first Tuesday in May, 1856, and biennially there¬ after on the first Tuesday in May, elect one person, who shall be denominated Receiver of Taxes, to serve for two years; and until a receiver of taxes shall be elected and qualified, the Treasurer of the county of Philadelphia, elected on the second Tuesday in October, 1853, shall perform all the duties and be liable to all the obligations and penalties prescribed by this act for said receiver of taxes. And it shall be lawful for the Select and Common Councils to relieve the said Treasurer of the county of Philadelphia from the performance of any duties now imposed by law on said Treasurer. He shall give bond and be sworn or affirmed to perform his duty in like manner as the City Treasurer. He shall collect and re¬ ceive all taxes and public assessments payable and re¬ ceivable within the limits of the said city, and for that purpose shall have and exercise all the powers conferred 17 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. And the said Receiver shall Allowance to make allowance to all tax payers who shall pay their taxes tax payers - in the year for which they are assessed, at the rate of twelve per cent, per annum from the date of payment until the end of such year. All taxes remaining unpaid on the 1st of January in each year, shall continue a lien upon Taxes to be the real estate upon which they are levied in like manner liened ' as if registered in the County Commissioner’s office under existing laws. In case legal proceedings are commenced, there shall be an additional charge of five per centum upon all sums; and the Receiver of Taxes shall render Extra charge - each day to the City Controller, an account of each item of his receipts, and daily pay the same into the city trea- To pay over sury. The said Receiver shall cause an agent to attend £ ail y t0 Cit y for him at least two days in the month of June and each succeeding month of the year, to receive the taxes owing by persons resident within the wards in which the follow¬ ing places are situated, to wit: at Germantown, Frank- tain^Districts' ford, Manayunk, Bustleton, Holmesburg, Somerton, Hes- ho ^ received, tonville, Haddington and Paschalville, and give notice of the time and place of attendance in at least two news¬ papers not less than three times, one of which papers shall be that in or nearest to the ward where the taxes are owing; and the Aldermen in every ward shall be Aldermenau- authorized and required at all times to receive the per- th . orized t0 re - sonal taxes ot persons resident therein, tor which purpose taxes, they shall each be furnished with a tax list of such taxes as early in the year as they can be made out, and not later than the first of June in each year, and such Aider- men shall receive therefor, ten per centum for receiving and paying over such taxes, which they shall at least do once in each month, to the Receiver of Taxes or his agent. And each of said Aldermen shall, under the penalty of one hundred dollars to the said city, be in attendance at his office for the purpose of receiving the same on the day of any election. The said Receiver shall, immediately after taxe ^ aymeut of the first day of December, annually, give public notice eiSom da7 °* in at least four of the public newspapers of said city for 2 18 Receiver of Taxes to give public notice of taxes unpaid. To levy for taxes. Errors in as¬ sessment, how corrected. City Control¬ ler, how elected. To take oath. His powers and duties. ten days, to all persons who shall have omitted to pay their taxes, to pay them before the first day of January, and that if not paid by that time, a warrant will issue to collect the same; and it shall he the duty of the Receiver to issue his warrant after the fifteenth day of said month of January, directed to any constable of said city or county, commanding him to levy said taxes, with all charges accrued thereon, of any goods or chattels of the delinquent wheresoever found, and to make sale thereof after advertisement, as in cases of distress for rent, which warrants shall be returnable within thirty days. 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. Sect. 12. And be it further enacted by the authority aforesaid , That the qualified voters of said city shall, on the first Tuesday in June, 1854, and on the first Tuesday in May in every second year thereafter, elect a City Con¬ troller, to serve for the term of two years, from the first Monday in 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 Trea¬ surer. It shall be the duty of the said City Controller to scrutinize, audit and publish, in two or more newspapers, annually, verified by his oath or affirmation, the public accounts of the said city, and of the trusts in their care, exhibiting all the receipts and expenditures of the city, the sources from which the revenues and funds are derived, and in what manner the same have been disbursed, each account to be accompanied by a statement in detail, in separate columns, of the several appropriations made by the City Councils, the amount drawn on each appro¬ priation, and the balance standing to the debit or credit of each such appropriation. He shall countersign all 19 warrants on the City Treasurer, and shall not suffer any appropriation made by the City Councils to be over¬ drawn, 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. Sect. 13. And be it further enacted by the authority aforesaid , That the qualified voters of the said city shall, on the first Tuesday in June, 1854, and annually there¬ after, on the first Tuesday of May, elect one person for City Commissioner, to serve for three years from the Monday next succeeding his election : Provided , That those three who shall first be elected shall not enter upon their duties until the terms of service of the present County Commissioners shall respectively expire; and the present County Commissioners shall serve as such City Commissioners for the periods for which they have been respectively elected County Commissioners. The City Commissioners, under the direction and control of the City Councils, shall be charged with all duties relating to assessors and to assessments, to the selection and drawing of jurors, and to elections and election officers, that are now performed by the County Commissioners, and all other duties now performed by the Commissioners of the County, not otherwise provided for in this act. They shall, together with the City Treasurer and Receiver of Taxes, perform the duties of a County Board of Revision, according to the laws in force in other counties of this Commonwealth, and hear the appeals of the tax-payers. And they shall correct all irregularities in valuation, both as respects individual cases and wards, and complete the same before the end of the year in which the valuations shall be made for the tax of the succeeding year. If in equalizing the valuation of the property in the several wards, an addition of ten per centum be made to the returns of the assessor for any ward, twenty freeholders of such ward may, by writing, filed within ten days, take an appeal from such decision to the Councils, whose decision thereon shall be final. Sect. 14. And be it further enacted by the authority aforesaid , That the City Councils shall annually nomi¬ nate, and the Mayor shall, as hereinbefore provided, appoint the requisite number of supervisors of streets and City Commis¬ sioners, how elected. Powers and duties. With City Treasurer and Receiver of Taxes to per¬ form duties of a County Board of Revision. To equalize valuation of Taxes. Supervisors of streets and roads. 20 how elected. Duties. now nomina-roads for the different wards, who shall he under the ted and appoint-^* rec ^ on an( j accoun table to the Commissioners of High- commSoners wa J s J who shall be appointed by the said Councils an- be appointed 8 by nua %> an( l whose numbers and duties shall be prescribed Councils. by ordinance. Sect. 15. And be it further enacted by the authority aforesaid , That the Select and Common Councils shall Law office to establish a law office, in which shall be deposited and be established. p reserve( j a ll patents, deeds, wills, leases, mortgages and other assurances of title, together with all contracts, bonds, notes, official bonds, books and other evidences of debt belonging to the said city, and all other papers which the said City Councils may direct. The qualified voters of said city shall, on the first Tuesday in June, City Solicitor, 1854,’ and on 7 the first Tuesday in May biennially there¬ after elect one person learned in the law to act as Soli¬ citor of said city, whose duties shall be prescribed by ordinance, and who shall be allowed to employ such number of assistants as Councils may prescribe. The said Solicitor shall hold his office for the term of two years, and until his successor shall be duly qualified. Sect. 16. And be it further enacted by the authority aforesaid , That on the first Tuesday in June in' 1854, and Board of Health 011 the Tuesday in May in every year thereafter, until otherwise provided by law or ordinance, the qualified voters of each of the wards of the said city shall elect one citizen, Each ward to who shall have and possess the qualifications that the elect one mem- mem bers of the Senate are required to possess, to serve as a member of the Board of Health. They shall each take the usual oath of office, and enter upon the duties thereof on the first Monday in July next succeeding their election; the members of the Board of Health elected in the city of Philadelphia on the first Tuesday of June, A. D. 1854, shall meet on the morning of the first Mon¬ day in July of the same year, at ten o’clock, and on the first Monday of July in each year at the same hour, and organization, organize into a Board, and shall elect a president and Elect Presi- such other officers as may be necessary for the proper " transaction of the business of the said Board ; and upon such organization, shall thereby supersede the present members and officers of the Board of Health ; and there- Estates vested upon all the estate whatsoever, real, personal and mixed, Philadelphia. ° f that shall then be by law or otherwise vested in or in possession of the Board of Health, shall be forthwith dent and other officers. 21 vested in the city of Philadelphia, subject to all the trusts, conditions and liabitities now legally applicable thereto, and all laws of this Commonwealth, creating, governing and regulating the Board of Health not incon¬ sistent herewith shall continue in force and operation, and shall govern and regulate the Board of Health of the city of Philadelphia, except as to farmers manuring land and keeping stock in the strictly agricultural dis¬ tricts, as the same may hereafter be altered by law or ordinance; and all sums of money due, payable to, or received by the Board of Health, shall be paid into the city treasury; and all sums expended by or for the pur¬ poses of the Board of Health, shall be paid by the City Treasurer upon orders drawn under appropriations regu¬ larly made by Councils. And upon the same days in the present and each succeeding year, the qualified voters of each ward shall elect one person of like qualifications, who shall take the same oath or affirmation, to serve as Prison Inspectors of the County Prison for the same period of time ; who shall, on the first Monday in July in the same year, at 10 o’clock A. M., organize them¬ selves as a Board to perform all the duties belonging by law to said office, and upon such organization, shall thereby supersede the existing Board of Prison Inspectors. Sect. IT. And be it further enacted by the authority aforesaid , That on the first Tuesday in June, Anno Domini 1854, and on the first Tuesday in May in each year there¬ after, the qualified voters of each ward of the said city shall elect two Assessors, who shall have and possess the qualifica¬ tions that members of the Senate are required to possess, who, being duly qualified, shall do and perform within their respective wards all the duties that the usages and laws of this Commonwealth now enjoin upon Assessors and assistant Assessors. Provided , That the qualified voters residing within the limits of the townships of Byberry, Moreland, Delaware, Lower Dublin and Oxford, in the 23d Ward, shall in like manner elect two Assessors; and the qualified voters of the remaining portions of said ward shall in like man¬ ner elect two Assessors. And at all elections of such Asses¬ sors each voter shall vote for one Assessor, and the two candi¬ dates having the highest number of votes shall be elected. The City Commissioners shall, immediately after such elec¬ tion, in each year, issue their precept to the said Assessors of the respective wards, requiring them to make out and Powers and duties. Appropriations to be made by Councils. Prison In¬ spectors. Each ward to elect one. Organization. Assessors. Each ward to elect two. Proviso re¬ lative to 23d Ward. Each voter to vote for one As¬ sessor. 22 To make re¬ turns by first September, of Taxables. Extra Assess¬ ments. Duties. To make re¬ turn of Jurors. Salary. Guardians of the Poor. Each ward to elect one mem¬ ber. return, within such time as the said Commissioners shall designate, not later than the first day of September fol¬ lowing, a just and perfect list, in such form as the Com¬ missioners shall direct, of all the taxable persons residing within their wards respectively, and all property taxable, and exempt by law, with a just valuation of the same; and whenever the Assessors of any ward cannot agree upon the valuation of any property, the City Commis¬ sioner senior in office shall be umpire, and decide. The office of Assistant Assessor within the said city is hereby abolished. The duty of making extra assessments, now enjoined by law upon the officers of election, shall be exclusively performed by the Assessors. The Assessors of each ward shall meet for that purpose, in their respective wards, on the thirteenth day prior to the second Tuesday of October, annually, and continue their session from 1 to 10 o’clock, P. M., each day for three successive juri¬ dical days, and public notice of the time and place thereof shall be given by the City Commissioners, in two or more daily newspapers of the said city, ten days prior thereto. Each Assessor shall return the names of one-half of the number of jurors within his ward, required for each year, and the precept of the City Commissioners to the Asses¬ sors shall conform to this provision. Any Assessor who shall receive any reward for returning or omitting to return the name of any person to serve as juror, and any person who shall offer or give such reward, shall forfeit the sum of $100 to the said city, to be recovered before any alderman. Each Assessor shall receive an annual sum in lieu of all other compensation, to wit: for the year ending May, Anno Domini 1856, and for every third year thereafter, the sum of $400, and for all other years the sum of $300 per annum. Sect. 18. And be it further enacted by the authority aforesaid , That on the first Tuesday in June, A. D. 1854, and on the first Tuesday in May in every year thereafter, until otherwise provided by law or ordinance, the qualified voters of each of the wards of the city of Philadelphia shall elect one citizen, who shall have and possess the qualifications that the members of the Senate of this Com¬ monwealth are required to possess, to serve as Guardian of the Poor of the said city. They shall enter upon the duties of their office on the first Monday in July of each year, and shall each take an oath or affirmation, to be administered by any alderman of the said city, that he 23 will discharge the duties of the office of Guardian of the Poor truly and impartially, to the best of his ability. Guardians of Provided , That the existing arrangements for the sup- viso relative to port of the poor in the boroughs and townships 0 f rural districts. Manayunk, Roxborough, Germantown, Bristol, Frank- ford, Whitehall, Oxford, Lower Dublin, Delaware, More¬ land and Byberry, shall remain and continue until they are changed and altered by the Councils of the city of Philadelphia; and while those arrangements continue, no election shall be held under the provisions of this section 21 ^° for Guardians of the Poor in the twenty-first, twenty- 23d ’wards, second and twenty-third wards of said city. Provided , That in the districts within the twenty-first, twenty- second and twenty-third wards, where houses for the And no chan „ e accommodation of the poor are provided, no change shall in those wards be made without the consent of the qualified voters of the of^aiified^o- respective districts containing the respective institutions ters ‘ for the support of the poor. Sect. 19. And be it further enacted by the authority aforesaid , That the Guardians of the Poor, elected in of gJ| r a d ization June, A. D. 1854, in accordance with the provisions of the preceding section, shall meet at the Alms-house, in the city of Philadelphia, at 10 o’clock, on the morning of the first Monday in July of the same year, and also on the same day and hour yearly thereafter, and organize themselves into a Board, and shall elect a president and Elect pregi such other officers as may be necessary for the proper dent and other transaction of the business of such Board; and upon such 0 cer ' organization, all the estate whatsoever, real and personal, that shall then be by law or otherwise vested in, or be in possession of the Guardians for the Relief and Employ¬ ment of the Poor of the city of Philadelphia, the district GuardSSsofthe of Southwark, and the townships of the Northern Liberties ^cityo^hlS and Penn, shall forthwith vest in the city of Philadelphia, adeiphia. subject to all the trusts, conditions, and liabilities now legally applicable thereto, and the present guardians and officers of said body shall cease their functions, and the said elective guardians shall become vested with all the powers, faculties, rights, privileges and immunities of the present Guardians of the Poor, and subject to the per¬ formance of the duties thereof, except as hereby otherwise • y i «/ Powers and provided; and all laws of this Commonwealth, creating, duties of new governing and regulating the said Corporation, shall con- Board ‘ tinue in force and operation, and shall govern and regu¬ late the Guardians of the Poor of the city of Philadelphia, 24 except as the same may hereafter he altered by law or ordinance; and all sums of money due, payable to, or received by the Board of Guardians of the Poor, shall be paid into the City Treasury, and all sums expended by or for the purposes of the Board of Guardians of the Poor, shall be paid by the City Treasurer, upon orders drawn under appropriations regularly made by Councils. Sect. 20. And be it further enacted by the authority rirectors of aforesaid , That on the first Tuesday in June, 1854, the quali- Pubhc Schools. g e( j V0 £ erg eac ] 1 0 f ^ war( } s 0 f the city of Philadelphia, Each ward, ex- except the Twenty-first, Twenty-second, Twenty-third and SfaS^tJS Twenty-fourth Wards, shall elect twelve citizens qualified tor? 12 dire °' to serve as members of the Senate of this Commonwealth, four of whom shall be elected to serve for one year, four for two years, and four for three years, as Directors of Public Schools; and on the first Tuesday in May in each year thereafter, the qualified voters of each of the said wards shall elect four citizens of like qualifications to serve as Directors of Public Schools for three years. They shall enter upon the duties of their office on the first Monday How elected, in July next succeeding their election. At the first elec¬ tion held under this act, each of the qualified voters of said ward shall vote for nine Directors, and the twelve highest shall be elected, three to serve for one year, three to serve for two years, and three to serve for three years; and at future elections each qualified voter shall vote for three Directors, and the four highest shall be elected. Proviso reia- Provided , That the qualified voters within the Twenty- Sd md St, 2 fi rs t, Twenty-second, Twenty-third, and Twenty-fourth wards. Wards shall elect, in the same election districts as here¬ tofore, the number of School Directors as are now by law allowed, except the territory included in the boroughs of Frankford and Whitehall, which shall be separated from the township of Oxford in the election of School Directors. And the qualified voters of the said boroughs of Frankford and Whitehall shall elect three Directors of the Public Schools; and the qualified voters of the township of Oxford shall elect three Directors; and the qualified voters in the territory included within the bounds of the township of the unincorporated Northern Liberties and the boroughs of Aramingo and* Bridesburg shall elect three Directors of the Public Schools. Each ward a Sect. 21. And be it further enacted by the authority school section, aforesaid, That for Public School purposes each ward shall constitute a school section, and the Board of Controllers 25 Organization. Powers and duties. shall have full power to apportion the school houses and distribute the duties of the Directors of the schools to and for all or any of the wards of the city in such manner as the Board of Controllers shall direct. The Directors of each section shall meet and organize on the first Monday of July next succeeding their election; and upon such organization shall have and possess all the powers, rights, privileges and immunities that shall then be by law or otherwise vested in the School Directors of the several sections of the first school district; and from and after such organization, all the rights, privileges and immunities of the School Directors last named shall cease and termi¬ nate, and all laws of this Commonwealth regulating and governing the School Directors last named shall cease to operate with regard to them, hut shall continue in full force and operation for regulating and governing the School Directors elected and organized in accordance with vacancies the provisions of this act. In case of any vacancy occur- how filled, ring in either of the sectional boards of School Directors by death, resignation or otherwise, such vacancy shall be filled by the remaining Directors of the ward wherein such vacancy exists, and the Director chosen to fill such vacancy being properly qualified, shall continue to serve for and during the time the Director whose vacancy he fills could have served, and no longer. Sect. 22. And be it further enacted by the authority aforesaid , That the School Directors of each ward of the troijem city of Philadelphia for the ensuing year shall, on the third Tuesday of June, of each and every year, elect one of their own number a Controller to serve for one year, and shall give him a certificate of such election; the Con¬ trollers thus elected shall each be sworn or affirmed that he will discharge the duties of the office of Controller of Public Schools with fidelity, to the best of his ability, and they shall enter upon the duties of their office on the first Monday in July next succeeding their election. The Controllers elected in the year 1854 shall meet at ten o’clock A. M., on the first Monday in July of that year, in the room of the Controllers of Public Schools in the city of Philadelphia, and shall then and there organize themselves into a Board, and shall elect a President and such other officers as they may deem necessary, to serve for the term of one year; and upon such organization p r esf]ent ion an 0 d shall have the name and style of The Controllers of Pub- officers, lie Schools of the First School District of Pennsylvania. Board of Con- how elected. Organization. 26 And on the first Monday of July in each year thereafter, the Controllers shall meet as aforesaid, and shall take the oath of office and enter upon the duties thereof. The President and other officers of the Board shall he elected annually on the first'Monday in July. Sect. 23. And be it further enacted by the authority Estate vested aforesaid , That immediately upon the organization of the delphia. hlla ' said Board of Controllers, all property, real and personal, all trusts and trust funds, and all estate, rights, privileges and immunities whatsoever that are, or shall he by law or otherwise vested in, owned, possessed or enjoyed hy, or that in anywise appertain to the Corporation created hy the Act of Assembly passed April 16, A. D. 1845, en¬ titled An Act relating to the Controllers of the Public Schools of the city and county of Philadelphia, shall he vested in and he held, possessed and enjoyed hy the city of Philadelphia, subject to all the trusts, conditions and ah moneys liabilities now legally applicable thereto, and all sums of and be P afd eiV by money due, payable to or received by the Board of Con- city Treasurer, trollers, shall be paid into the City Treasury, and all sums expended by or for the purposes of the Board of Con¬ trollers, shall be paid by the City Treasurer upon orders drawn under appropriations regularly made by Councils. Sect. 24. And be it further enacted by the authority Aldermen, aforesaid , That there shall be two Aldermen in each of the ed^neachwSi wards of the city of Philadelphia; those Aldermen and Justices of the Peace who are in office at the time of the passage of this act, shall continue to reside and hold their offices within the limits of the ward, township or borough in which they were originally elected. In any ward of the said city where there shall be more than two Aider- men or Justices of the Peace residing and holding their offices at the time of the passage of this act, the number thereof shall be reduced to two as their commissions shall respectively expire, unless the qualified voters of such ward shall vote to increase the number thereof. The Aldermen of the said city shall be elected in each ward by the qualified voters thereof, on the first Tuesday in May, in accordance with the provisions of the Act of Assembly of June 21, A. D. 1839, entitled “An Act providing for the election of Aldermen and Justices of the Peace,” and the acts supplementary thereto. It shall be lawful for Councils to designate and appoint as many of the Councils to Aldermen of the said city as the public welfare may require, Magistrates, to be police or committing magistrates, who shall receive 27 such compensation as Councils may provide and pay, and to c b ° e “ p x e “ d sation it shall not be lawful for any Aldermen in said city to [see page’54.] take fees in criminal cases ; but nothing herein contained shall be taken to impair the powers or diminish the duty of any and all Aldermen and constables to be conservators of the peace and to execute the criminal law T s of the Com¬ monwealth : Provided , That nothing herein contained Proviso, shall be so construed as to prohibit any Aldermen now in commission from becoming a candidate for election to that office. Sect. 25. And be it further enacted by the authority aforesaid , Until otherwise provided by law, in all elections con^s^eiec- for members of Congress the qualified voters of the said tion of - city shall continue to vote in their respective Congres¬ sional Districts, as now by law established, as if this Act had not been passed; and if any election division shall happen to comprise portions of two congressional districts, an additional and separate box shall be provided for the election of officers of such division. Until other¬ wise provided by law, in accordance with the provisions of the Constitution, the existing districts in the city and gtate senators county of Philadelphia shall continue without change for a £e S Representa ' the election of Senators and Representatives to the Legis¬ lature of Pennsylvania, and thereafter the said Repre¬ sentatives may be chosen in separate election districts, as they shall be established by law. Sect. 26. And be it further enacted by the authority aforesaid , On the first Tuesday in June, A. D. 1854, and on the first Tuesday in May in each year thereafter, the qualified voters of each ward of the city of Philadelphia shall elect two constables ; they shall be qualified as the laws of this Commonwealth require such officers to be, and shall, upon entering the requisite security, be com¬ missioned by the Court of Quarter Sessions of the County of Philadelphia; they shall be under and subject to the same legal penalties, do and perform all duties that the usages and laws of this Commonwealth enjoin upon such officers: Provided , That the qualified voters within the Twenty-first, Twenty-second, Twenty-third, and Twenty- fourth Wards shall elect the same number of constables^ 23 d, 2 and as are now by law allowed: and the constables in said 24t ^ war( is* wards shall be elected by separate districts, each district embracing the qualified voters of said wards respectively residing within the bounds of the present districts for Constables. Election. Duties. Proviso rela- 28 electing constables, in like manner as if this act had not been passed. Sect. 27. And be it further enacted by the authority be S a P r pomted by aforesaid, The Councils of said city shall appoint a com- Counciis. petent number of skillful surveyors and regulators to per- page 45.] ’ form the duties required by law ; the duties of such officers to extend respectively over convenient limits, to be prescribed by said Councils, and said officers shall keep a record of their respective regulations for the use, and as the property of said city, and receive such compensation for their services as may be fixed by ordinance, and shall continue in office during good behavior, and on the termi¬ nation of their official service, the records kept for public use shall be delivered up to their successors in office. to be organ- And such number of said surveyors and regulators shall lzedmto a Board or g an i ze( j into a board under a head for such purposes relating to surveys, the planning of the city, the building of bridges, the construction of sewers and grading of high¬ ways, as Councils may declare by ordinance; which board may hear by appeal, and, if neither party before a hear¬ ing shall have appealed to court, shall finally decide upon all questions of party lines, the position and thickness of party-walls, of the condemnation thereof for insufficiency, and of the proper structure of new buildings and the party- walls thereof, so as to secure the safety and health of the citizens, under the statutes in force in said city. Provided , Surveys ai- That nothing herein contained shall alter or interfere altered. with any survey or regulation made or directed to be made under the several laws of this Commonwealth of any portion of the county of Philadelphia, but the same shall be completed, or if already confirmed, shall remain unalterable, as therein provided, unless said alterations shall be ordered by a resolution of said Councils, and ap- Except by re- proved by the Court of Quarter Sessions, upon public Councils 0 && of notice previously given for the space of thirty days in at least two of the daily newspapers of the said city, until otherwise provided by ordinance. And provided further, That in any alteration that may be made of the regu- „ x . lations of any portion of the city, in conformity with the for damage. provisions of this section, whereby damage may ensue to private property, compensation shall be made for such damage, to be ascertained and paid by law, as in case of damage for opening streets. All official acts and proceed- Offidai acts, ings of the surveyors and regulators shall be returned to ^office. remam the head of the said board, to remain in his office, from 29 which certified copies shall be made and furnished on request, in the same manner and for the same compensa- copies, how tion as copies are furnished from the land department of furnished, this Commonwealth. Sect. 28. And be it further enacted by the authority aforesaid , The Select and Common Councils shall elect in to ^eSe^by joint meeting, bj viva voce vote, at the last stated meeting Councils, in the month of September next, sixteen citizens having [Seepage45.] proper knowledge of the duties for Port Wardens, eight of them to serve for one year, and eight of them for two years, from the first day of June, Anno Domini 1855; and thereafter on or before the last stated meeting of Councils in May, in each year, elect eight such citizens to serve for two years as Port Wardens from the first day of June then next succeeding, who, together with the Master Warden, shall do and perform the duties which do now, or may by law or ordinance hereafter belong to the Port Wardens. It shall be the duty of the said Councils, councils to after the requisite surveys and soundings shall have been fixwliarflines - 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, Authority of keep the same and the avenues leading thereto open and Council^ reia- free from obstruction; and shall, moreover, provide from time to time for the more convenient selection, appoint¬ ment, regulation and compensation of Pilots navigating to and from the said city, and for the greater security and better disposition of vessels within the port of the same, and they may enact ordinances for the purposes in this section mentioned. Sect. 29. And be it further enacted by the authority aforesaid , It shall be the duty of the Sheriff of Philadel- sheriff to give phia city and county to give notice of all elections held eiecSons° f aU under the provisions of this act, designating the officers to be elected, and the time and place of such election; such notice shall be by proclamation and advertisement in at least two daily newspapers, published in the city of Philadelphia, at least twenty and not more than thirty days prior to every election, and the expenses of such advertising shall be paid out of the treasury of the city of Philadelphia. The County Commissioners of the county of Philadelphia shall immediately prior to the first election in the city of Philadelphia, and the City Commissioners 30 City Commis¬ sioners to ap¬ point places for holding elec¬ tions. and fur¬ nish papers, list of taxables, &c. Sheriff’s du¬ ties. Elections, where held, opening and closing. Tickets. Each Ward to he an election district. Election officers, how elected. thereafter shall have the respective places appointed for holding such elections put in convenient and proper order for holding and conducting the same, shall furnish to the election officers of each division the necessary blanks, stationery, etcetera, and a list of the taxable inhabitants of such division, and shall generally do and perform such duties appertaining to election as they would be required by law or usage to perform, had the elections or the elec¬ tion districts of the said city not been changed or altered. Provided , That the Sheriff and the other officers shall do and perform all the duties in relation to the elections under this law which are enjoined upon them by the general election laws now in force, unless otherwise pro¬ vided by the act. Sect. 30. And be it further enacted by the authority aforesaid , That the general, special, municipal, and all other, except military, elections by the qualified voters of the city of Philadelphia shall be held in the respective election divisions of the wards of said city; the said elec¬ tions shall open at or before eight o’clock in the morn¬ ing and close at eight o’clock in the evening, and the tickets to be voted at the municipal elections in the city of Philadelphia shall be on separate pieces of paper, on which shall be written or printed the name of the office to be filled, and immediately under the name of the office the name or names of the person or persons voted for to fill such office; in all general and special elections within the city of Philadelphia, each ward of the said city shall be an election district, and have a return judge, and the return judges of the city of Philadelphia shall meet at the State House in said city. Sect. 31. And be it further enacted by the authority aforesaid , That the election on the first Tuesday in June, Anno Domini 1854, shall be held and conducted by elec¬ tion officers, as follows: Each and every set of officers, that is, the judge and two inspectors, who shall have been respectively elected at the same poll, and who shall reside within the several wards respectively as fixed by the second section of this act, shall hold and conduct the election at one of the election divisions of such ward; and if it shall so happen that all the election officers who shall have been elected at the same poll shall not reside within the bounds of any one of the wards fixed by the second section of this act, then and in that case such set of officers shall act as aforesaid in the ward in which a ma- 31 jority of such officers shall reside. The said officers by sets, and not individually, shall, in case of difficulty or misunderstanding, determine by lot the election division in which they shall act. The Court of Common Pleas of m o™pi°i? OI to Philadelphia county is hereby vested with power to settle setue^ue^ions summarily any question that may arise concerning the ducting Eiec- officers to conduct said elections, and also to direct, ac- tlons " cording to the true intent and spirit of this act, which set of election officers shall act as aforesaid in any case or exigency which may arise or exist, not provided for by this act; and any vacancy that shall exist and continue for half an hour after the earliest time fixed by law for opening the polls, shall be filled in the manner now pro¬ vided by law; and on the first Tuesday in June aforesaid, and on the first Tuesday in May in each year thereafter, the qualified voters of each of said election divisions shall elect, in the manner prescribed by law, one person to serve as judge and two persons to serve as inspectors of elections for one year, each voter, however, to vote for one inspector. Sect. 32. And be it further enacted by the authority aforesaid , That it shall be the duty of the judge of elec¬ tion in every election division of said city at every general, Duties 0 f municipal and special election, to make out and sub-^| es ofElec ' scribe on the night of such election, a certificate of all the votes given at such election division, for every office voted thereat; and it shall be the duty of the judge to deliver the same to the Prothonotary of the Court of Common Pleas on the day succeeding such election, before noon of that day, which certificates shall be open to the inspec¬ tion of any citizen; and any judge who shall fail to de¬ liver such certificate as aforesaid, to the said Prothonotary, shall forfeit fifty dollars. And the said Prothonotary shall, D E t e ° ! of 7 Pro- on the second day after such election, make out and thonotary ofthe deliver to the Sheriff of the said county a certified list of mon Pleas, the judges of each and every division from which such certificate shall not have been received as aforesaid, with a precept to the said Sheriff to levy and collect the said penalty from the said judges as is now practiced and allowed in cases of fines imposed upon defaulting jurors, provided that the said Court may, upon good cause shown, remit such fines. And in case any such certificate shall not have been placed in the office aforesaid, by noon of the day aforesaid, the said Court may, on application of any citizen, issue an attachment against the judge or 32 judges in default, to compel the production and filing of such certificate. Sect. 33. And be it further enacted by the authority eiect?Jn? in< how a f oresa ^> That the municipal elections of the city of conducted. Philadelphia shall be conducted in the manner required by the Act of Assembly of July second, Anno Domini 1839, entitled An Act relating to the elections of this Commonwealth, and its Supplements. As soon as the Election Re- votes given at each division are counted, duplicate returns thereof shall be made out by the officers of such division ; one copy shall be deposited in one of the ballot boxes, as required by section seventy-four of the act aforesaid, the other copy shall be used for the purpose of making up full returns of the ward: and the said last copy, together with a full and complete return of the votes given in^such ward, signed by the judges thereof, shall be filed by one of the judges in the office of the Prothonotary of the Court of Common Pleas of Philadelphia county as herein¬ after provided. Sect. 34. And be it further enacted by the authority aforesaid , That the returns of all municipal elections in Manner of the city of Philadelphia, and the certificates to be given turns?” ° u re to persons elected, shall be made out in the following man¬ ner, to wit: Two complete copies of a return of all the votes given in each division, and a certificate of election to each of the persons elected to office in such division, shall be made out and signed by the judge, inspectors and clerks of such divfsion; and on the day succeeding the election, at nine o’clock, A. M., the judges and inspectors of all the divisions of the ward shall meet and make out a return of all the votes given in such ward, and a certifi¬ cate of election for each of the persons elected to office in such ward, which returns and certificates shall be signed by the judges of such ward, or a majority of them; the judges shall then designate one of their number to be a return judge, and shall give him an accurate copy of the returns of the votes given in such wards for each munici- Keturn Judges pal officer voted for, and the return judges of the several wards shall meet at the State House at ten o’clock in the morning of the Thursday succeeding the day of election, and shall then and there, in the manner provided in the seventy-eighth section of the Act of Assembly of July second, Anno Domini one thousand eight hundred and Their duties, thirty-nine, aforesaid, proceed to add together the num¬ ber of votes given in the several wards for the several S3 officers voted for, and shall make out full and complete returns of said votes, and a certificate of election to the per¬ sons elected, which returns shall, immediately upon the adjournment of the return judges, he by the President thereof filed in the office of the Prothonotary of the Court of Common Pleas ; the certificates of election for the ward and division officers shall be delivered to the persons elected, by the constables of the ward, within three days after the election, and the certificates for the other officers voted for shall be delivered to them by the sheriff or his deputy, within two days after the meeting of the return judges. The places for the meetings of the said judges riaccs ofmeet- and inspectors in said wards, for the purposes aforesaid, 1Dgs ' shall be determined by a majority of those who are required to meet. Sect. 35. And be it further enacted by the authority aforesaid , That the returns of all municipal elections in for P conTeSg the city of Philadelphia, except of members of the Select elections, and Common Councils, shall be subject to the inquiry and determination of the Court of Common Pleas of the county of Philadelphia, upon complaint of fifteen or more of the qualified voters of the proper ward or division, or in the case of Mayor, Treasurer, City Controller, Receiver of Taxes, City Solicitor, or City Commissioner, by at least fifty of the qualified voters of the said city, which com¬ plaint shall be filed in the said Court within twenty days after such election; and at least two of the complainants shall take and subscribe an oath or affirmation, that the facts set forth in such complaint are true ; and the said Court, in judging of such elections, shall proceed upon the merits thereof, and determine finally concerning the same, according to the laws of this Commonwealth, and shall have power, if they believe such complaint to have been made without sufficient cause, to decree that the com¬ plainants, or any one or 'more of them, shall pay all legal costs incurred by such investigation. The Select and Common Councils respectively, shall in like manner jud |J u ™[ s as each branch of the Legislature of this Commonwealth, terming upon judge and determine upon the qualifications of their mem- tions 2? a thefr bers. The trial of a contested election shall be held and members ‘ conducted and be proceeded with in the manner set forth in the several sections of the Act of Assembly passed July second, Anno Domini one thousand eight hundred and Trial of con- thirty-nine, providing for the trial of contested elections of the Senate and House of Representatives, excepting 34 that the committee shall he seven in Select and eleven in Common Council. No complaint of an undue election or false return shall he acted upon, unless presented within ten days after the organization of Councils, nor unless signed by at least fifteen qualified voters of the proper ward, at least three of whom shall take and subscribe an oath or affirmation that the facts set forth in said petition or complaint are true. Sect. 36. And be it further enacted by the authority Time of hold- aforesaid , That the elections within the city and county of fixed. Philadelphia, which, according to existing laws, are held on the third Friday in March in every year, shall, in the year 1854, be held on the first Tuesday in June, and Terms of office, thereafter on the first Tuesday in May, and the terms of all commissioners and officers heretofore elected in March, and now in office, which would by law expire before the first Tuesday in June, are hereby extended, and they shall continue in office until their successors are duly chosen and qualified by, and in pursuance of the elections held on the first Tuesday in June, as aforesaid, and until they shall be superseded in manner hereinbefore provided. Sect. 37. And be it further enacted by the authority Transfer of aforesaid, All the right, title and interest of the several property, &c., townships, districts, and other municipal corporations townships, dis- mentioned in this act, of, in, and to all the lands, tene- rations^o “ > The ments, hereditaments, bridges, ferries, railroads, wharves, phia» fPhiladel mar ^ e ^ 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 estate whatsoever and wheresoever, be¬ longing to any or either of them, be and they are hereby vested in the city of Philadelphia, to take effect on the first Trusts, how organization of the City Councils. Provided , That all the to be managed. es t a t es and incomes now held in trust by the county (present city) 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. Sect. 38. And be it further enacted by the authority aforesaid , That the net debt of the county of Philadelphia, after deducting and cancelling the portion held by the 35 sinking fund and the several net debts of the guardians for the relief and employment of the poor of the city of Debt of the Philadelphia, the district of Southwark, and the townships SnTcoSida- of the Northern Liberties and Penn, of the Mayor, Alder- ted * men and citizens of Philadelphia, of the Commissioners and inhabitants of the district of Southwark, of the Com¬ missioners and inhabitants of the district of Moyamensing, of the Commissioners and inhabitants of the Kensington district, of the Commissioners and inhabitants of the incorporated district of the Northern Liberties, of the Commissioners and inhabitants of the district of Spring Garden, of the Commissioners and inhabitants of Rich¬ mond, in the county of Philadelphia, the districts of West Philadelphia and Belmont, of the boroughs of Whitehall, Manayunk, Germantown, Aramingo and Frankford, and of the Commissioners and inhabitants of the district of Penn, and the Board of Health and Controllers of the Public Schools, after deducting and cancelling the portions held by the respective sinking funds of the said several corporations, is hereby consolidated and formed into one debt, to be called the debt of the city of Philadelphia, and payable at the same times that the principals of said debts are now made payable, certificates of which said debts are to be issued in sums of not less than one hundred dollars, in lieu of the present separate debts so consolidated, to the respective owners in lieu of their present certificates of the same, at the option of such owners, bearing the same rate of interest that the debts so to be exchanged now bear, and payable on the first days of January and July, at the office of the Treasurer of the city of Phila¬ delphia. There shall be annually raised by tax, in addition Smkmg fund - to the income of the corporation property, a sufficient sum to discharge the annual interest on the said consolidated city debt, and no debt shall be incurred or loans made by the said city, without a cotemporaneous appropriation of a sufficient annual income or tax, exclusive of loans, to pay the interest and sink the principal of such debt in thirty years. Sect. 39. And be it further enacted by the authority aforesaid , That the fiscal year of the city of Philadelphia, commSce^iS the Board of Guardians of the Poor of the city of Phila- Januai r- delphia, 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 36 Councils leyy tax. 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 ap^op5Httons° f required during the current fiscal year for the maintenance to be presented an J support of the alms-house establishment of the said board; and the Controllers oi Public Schools, and the Board of Health, the Port Wardens, and Inspectors of the Prisons, 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 Wardens, and Inspectors t0 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 ah taxes to co ^ ecte( i an d accounted for to the Treasurer as one city bepaidtotheRe- and county tax. The said tax, and all State taxes accruing cei Aiiowin^e X for within said city limits, shall be paid to the Receiver of 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 city councils said City Councils shall so discriminate in laying, said as re?ards in the city tax^s as not to impose upon the rural portions those districts in expenses which belong exclusively to the built portions of [See page 50.J 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 purpose of cultivation or farming, shall be assessed as farm land. And 'provided , That no money shall be hereafter borrowed reiatw^t^ma- on the faith and credit of said city, unless the ordinance kl fs g ee°page 52.] 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 Com¬ mon Council. And at any stated meeting of the Select Council, held at least one week after the final consideration State Tax to ac- HTo voa erue to the city. Xd,At;a 37 Paying streets and laying wa- 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 loans 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 Coun- prov ^e n public cils to obtain by dedication or purchase within the limits squares, 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. Sect. 40, And be it further enacted by the authority aforesaid , That it may be prescribed by ordinance that paving of streets, except at the intersections thereof, and ter pipes, s to be of footways, and laying of water pipes within the limits pense of owners of the city, shall be done at the expense of the owners of of P ro P ert y* 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 practised and allowed by law. Sect. 41. And be it further enacted by the authority aforesaid , That the county of Philadelphia shall continue to PM ^ ai of be one of the counties of this Commonwealth, and all county officers not superseded by this act, shall continue county offi- in office, and continue to be elected and voted for at the seded to conti- places of election provided for by this act, as in other re- nue m offlce ‘ spects now provided by law, and be denominated officers of the county of Philadelphia; and all courts shall con¬ tinue therein to exercise the jurisdiction and powers now conferred upon them by the constitution and laws of this Commonwealth, and the Councils of said city and the officers thereof shall exercise all the powers and authori- countytSmmi? ties of the superseded County Commissioners and County sioners and Board, and Commissioners of Sinking Fund, and of other JStedUn couS officers not inconsistent with this act, in such way and Clls - manner as by this act is, or by the City Councils may be established. Sect. 42. And be it further enacted by the authority aforesaid , That the Select and Common Councils of the Councils to city of Philadelphia shall be, and they are hereby author- S a Dep e artment ized and directed to organize a police department in and ? Z e d rF y ire rs re- for the said city, and may organize, if necessary, a fire P artment - department, subordinate to or independent of that of police, and to make, ordain and establish all needful laws 38 Laws relating to tax collectors repealed. Power of City to collect debts, etc., transferred from the several districts, etc. Existing laws continued until repealed. Powers of Councils to ex¬ tend the opera¬ tion of laws in force to other parts of the new city. Ordinances to be published. [See page 50 .] and ordinances for the regulation thereof, and for the preservation of the public peace, the suppression of riots and disturbances, and for the extinguishment of fires and the protection of property thereat, and for this purpose the said Councils shall he and hereby are vested with ample power and authority in the premises. Sect. 43. And be it further enacted by the authority aforesaid , That all laws providing for the appointment of tax collectors within the said city of Philadelphia, and all other laws altered or supplied by this act, are hereby repealed. Provided , however , That the city of Phila¬ delphia shall have and possess all and every, the full power, right and authority to collect all the debts, de¬ mands and property of all and every kind transferred to and vested in the said city by virtue of this act, as if the corporations hereby dissolved were not extinct, and all suits to be brought therefor shall be in the name of the city of Philadelphia, as if the same had been originally vested in the said city. Sect. 44. And be it further enacted by the authority aforesaid , That all acts of the Legislature not inconsistent with this act, now in force, shall continue in operation within the limits of the county, city, district, borough or township in which they are now operative, under the authority of the City Councils, courts and officers created by this act or permitted to continue as consistent there¬ with, until such acts shall be altered or repealed by the Legislature. Provided , That the City Councils shall have power by ordinance to extend the operation of laws now in force within the city, police or municipal districts, to other parts, or over the whole of the enlarged limits, and to declare what laws have become obsolete by this act, or the extension as aforesaid of other law's. All ordinances of the present city of Philadelphia and other municipalities within the county of Philadelphia, shall continue in force within the limits of said city and muni¬ cipalities respectively, until repealed by said Councils, and no longer: and said Councils in enacting new ordinances may make such distinctions between the built and rural portions of the new city as they may deem required by circumstances. It shall be the duty of Councils to cause the laws and ordinances of said city, as they shall be framed and adopted under this act, to be published for the information of the citizens, and to present copies thereof to the Executive, the State Library, and each 39 member of the present Legislature and the Legislature to convene next after the publication, and to make appli¬ cation for such further legislation as shall thereupon be found necessary. Sect. 45. And be it further enacted by the authority aforesaid , That all officers elected by the qualified voters under this act shall be subject to removal from office on impeachment for misdemeanor in office, or other sufficient cause, on charges to be preferred by the Common Council and tried by the Select Council in manner prescribed by the constitution and laws of this Commonwealth, as to the impeachment by the House of Representatives and trial thereof by the Senate. All officers shall be subject to removal for sufficient cause in such manner as Councils may determine. Sect. 46. And be it further enacted by the authority aforesaid , That the City Councils shall fix the compensa¬ tion and prescribe the duties of all officers of said city in such manner as to carry out the purposes of this act, and as the welfare of said city may require, not inconsistent with the laws and constitution of this Commonwealth and of the United States. Whenever any elective officer of said city shall die, or become incapable of fulfilling the duties of his office, his place, except where other provision is made for filling the vacancy, shall be filled by a joint vote of the City Councils, until the next city election and the qualifications of a successor in the office. Provided , That such vacancy shall exist at least thirty days before the next city election, otherwise such vacancy shall be filled at the next election thereafter. Sect. 47. And be it further enacted by the authority aforesaid , That no salary of any officer to be elected ac¬ cording to the provisions of this act, by the qualified voters of the city hereby incorporated, shall be increased or re¬ duced by any act or ordinance to take effect during the term for which he shall have been elected ; and in all cases where the salary of any officers shall not be fixed by law, it shall be fixed by Councils. Provided , That it shall not be lawful for Councils, at any time, to pass an ordinance or by other means provide for the payment of any money in the shape of per diem pay or compensation of any kind, for services rendered by them in their capacity as council- men, or members of committees emanating from Councils Sect. 48. And be it further enacted by the authority aforesaid , That no person shall, at the same time, be a To apply for farther legislar tion. Impeachment of officers. Removal of officers. Compensation and duties of officers to he fixed by Coun¬ cils. Vacancies, how filled. Salaries, not increased or re¬ duced during term. No pay or compensa¬ tion for Coun¬ cils. 40 Incompatible offices. [See page 54 .] Officers to give bond. Make returns to City Con¬ troller under oath. Controller to administer oath. Perjury. Councils by ordinance to establish de¬ partments in¬ dicated by this Act. Councilmen not to perform any executive duty. member of more than one of the following bodies, towut: 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. Sect. 49. And be it further enacted by the authority aforesaid , That every officer or agent receiving moneys for the city, and payable to the City Treasurer, shall give bond for the faithful performance of his duty, and shall be required to make return to the City Controller once in every week, or oftener, if Councils shall direct, under oath or affirmation, of each item of the moneys received by him, and immediately upon making such return, to pay the amount in his hands to the City Treasurer. The said City Controller is hereby authorized to administer such oath or affirmation, and any person falsely making such oath or affirmation, or guilty of falsehood in any other oath or affirmation required by the provisions of this act, or by any ordinance of Councils made in pursuance thereof, shall be guilty of perjury. Sect. 50. And be it further enacted by the authority aforesaid , That it shall be the duty of the City Councils to provide by ordinance for the establishment and regula¬ tion of all the departments indicated by this act and other laws in force in said city, under the proper heads, and with the necessary clerks, officers, and assistants, to wit: For lawq police, finance, surveys, highways, health, water, gas, fire, the poor, the city property and the public grounds, and such others as may from time to time be needful; and, through the Mayor and proper committees, the said Coun¬ cils shall maintain a supervision of each department, whether corporate or otherwise, and over the Inspectors of the County Prison, for the exposure and correction of all evils and abuses, and for that purpose may require the production of and inspect all books and papers, and the attendance of witnesses by subpoena, and examine them under oath or affirmation; but no member or members of Council, whether as a committee or otherwise, shall make any disbursement of corporate moneys, nor audit the ac¬ counts thereof, nor perform any ther executive duty what¬ ever: Provided , however , That all officers who, by force 41 of any ordinance, may have charge or authority in the assessment or collection of taxes, or the appropriation or officers to be disbursement of moneys, shall be elected by the popular iar C yote! >ypopu * vote on the first Tuesday of May of each year. Sect. 51. And be it further enacted by the authority aforesaid , That if any Councilman, Guardian of the Poor, member of the Board of Health, Controller or Director of the Public Schools, or Warden, Inspector of the Prison, or any other member, officer or agent of the said City a e nf°or° dS Corporation, or of any corporation or department by this to be interested act recognized, or clerk therein, shall at any time be directly in any contract * or indirectly interested in any sale to, or contract for sup¬ plies to be furnished to said city, or to any corporation or department by this act recognized or placed under the supervision of Councils, of which he shall be a member, or officer, clerk, or agent, or shall receive any gratuity, money or property whatsoever, by reason of such sale or contract, or shall take any fee beyond that prescribed by law, he, if a Councilman, or elective officer, or officer appointed by court, shall be impeached in manner hereinbefore provided, and if found guilty shall forfeit and vacate his seat; and if any officer or clerk appointed by Councils, shall be re¬ moved from his office or appointment; and any vendor or Penalties - contractor participating in such act, shall be incapable of recovering any demand thus infected by fraud, and all such offenders shall be deemed guilty of a misdemeanor, and upon conviction of such offence in the Court of Quarter Sessions for said city and county, shall be fined and im¬ prisoned at the discretion of said Court. Sect. 52. And be it further enacted by the authority aforesaid , That the meetings of the said City Councils, ot £™ : bodies^to and all corporations and boards authorized or recognized sit with open as existing under this act, except the Board of Health and Board of Inspectors of County Prison, shall be at all times open and accessible to all citizens deporting themselves with order and decorum. Sect. 53. And be it further enacted by the authority aforesaid , That nothing in this act contained shall be so Railroad snb- construed as to relieve the said city of Philadelphia, as binding? 810 be hereby extended, from any engagement or contract here¬ tofore made by authority of the City Councils, to subscribe to the capital stock of any railroad company under any law of this Commonwealth; and all ordinances heretofore passed by the said city, or by any of the municipalities or districts hereby consolidated, and in force at the time 42 Laws autho¬ rizing subscrip¬ tions not inter¬ fered with. of the passage of this act, and whereby subscriptions are authorized to be made to the stock of any such railroad company, shall be binding upon and carried out by said city, municipalities and districts respectively, until this act shall go into effect; and thereafter upon and by said city hereby extended and consolidated, upon the performance of the conditions, if any required, by such ordinance or ordinances: and nothing in this act shall be so construed as to interfere, in any manner, with any laws authorizing subscriptions to be made by the city of Philadelphia to any railroad company passed prior to this act. iratanj'B r police,watch - len, lighting nd paving and leaning streets. Sect. 13. That all the public advertising for said city, except for municipal claims, whether for elections, taxes or otherwise, shall be inserted in no more than three daily newspapers, nor more than three times in each, nor shall there be paid for the same any greater rates than those advertised in such papers to be paid by the citizens, and the Controller shall pass no bill for advertising other¬ wise done; the charge for advertising delinquent tax payers shall not exceed thirty-seven cents for all adver¬ tising of each name in any one ward, which shall be pay¬ able by the person liable for the tax, but if any names of persons shall be advertised as delinquent in the payment of taxes that had been paid, the Receiver shall pay the expense thereof. The Councils shall not impose taxes upon rural portions of the city, for police and watchmen, for lighting and paving, and cleaning streets, and shall make an allowance therefor of at least one-third of the whole city tax in favor of such section, and any greater rate than aforesaid assessed or paid for the present year shall be remitted or refunded. Sect. 14. That as soon as the City Commissioners shall place the duplicates of taxes in the hands of the Receiver, he shall cause his clerks to make out bills 51 against the tax payers, so that all persons indebted for taxes may have their bills by the first day of July in Tax ® ec t e 0 iV make each year, and the same to be delivered at a cost not out bms against exceeding one cent for all persons served within two the ?st y 5*juiy miles of the office, and one and a half cents for all more 111 each year * distant, for making such delivery, the expense whereof shall be charged to the city: Provided , That all pro¬ perties owned by one person, or belonging to any one estate in any one ward, shall be included in the same bill. Sect. 15. That it shall not be lawful for the Receiver of Taxes to place any warrant against delinquent tax TaX eJ eiV befo?? payers into the hands of any constable, until such con- p^ g n s stable shall have given security, by bond and warrant, delinquent tax with two sufficient sureties, to the satisfaction of the hand? of an? Court of Quarter Sessions, in the sum of five thousand reqSre^ecuray dollars, nor have in the hands of any constable at any ^ e such cou ‘ one time warrants for a greater amount of taxes than the amount of such bond, and such constable shall make re¬ port and payment of all his collections on such warrants at least once in every week, after they shall have been issued to him. And all taxes unpaid on the first day of on SeistS^of January after the year for which they were assessed, shall be? r uary intSS bear interest until paid, besides the commissions thereon until P aid - for collection. Sect. 16. That every alderman or constable wdio shall not have made report and payment over to the Receiver of Taxes of all taxes received by him for each successive co ^Merm^en ^or month after he shall have received any taxes or warrants non-payment of to collect taxes, shall be proceeded against as is provided cefv^Vtob^pro- by law in respect to delinquent tax collectors, under the ceeded against - Act of the twenty-eighth of February, one thousand eight hundred and thirty-five, a supplement to the act relating to county rates, et cetera, except that the certifi¬ cate therein required to be filed by the County Commis¬ sioners shall be filed by the Receiver of Taxes, the Trea¬ surer and Controller of the City of Philadelphia, or a majority of them. Sect. IT. That any alderman or constable who shall Alderm e n 0 r have made default on the payment over of any taxes col- constables who lected by him, as required by law, shall cease to be aU- shall cease "to thorized to receive any more taxes, and notice thereof Mce?ye° ri tSes? shall be published by the Receiver of Taxes in three daily gashed 11 by papers three times; nor shall he be capable of drawing the Receiver of 52 Taxes in three any salary or other dues from the city until he shall have three times? ers fully paid up the amount of his collections. It shall he lawful for the Receiver of Taxes to administer oaths and affirmations to all persons who may he authorized or re- Taxes to admi- quired to make oath or affirmation in relation to the col- mster oaths, &c. ] ect i on 0 f taxes or other revenue payable to said Re¬ ceiver. Sect. 18. That it shall and may he lawful for the Coun¬ cils of Philadelphia to enact an Ordinance providing for providTfor^hl the Inspection of all Leaf Tobacco, of domestic growth, Leaf Tobacco ° f rece i ve d a t that P 0I> t, to be sold by sample, for establish¬ ing the fee for charges for inspection and sampling, and storage, and imposing penalties for any violation of the ' same. Sect. 19. That it shall be lawful for Councils to au- authorize tem- thorize, by Ordinance, temporary loans of moneys, when- SrSnce? ns by ever they shall deem it necessary : Provided , That such temporary loans shall at no time exceed in the aggre¬ gate the sum of five hundred thousand dollars, and no such loan shall be for a longer period than four months, such ordm- Any suc ^ Ordinance shall be introduced at a stated meet- anCje jo bCf in- i n g 0 f the Common Council, and shall require on its final stateTmeeUng, passage a vote of two-thirds of the whole number present K d paffled ir by t a °f the members of Common Council; it shall then be thirds °of t the’ transmitted to Select Council for their consideration, and whole number at the next stated meeting thereafter, the Select Council pieteent ‘ may consider the same, and it shall in like manner re¬ quire a vote of two-thirds of the \£hole number of the members of the Select Council. Sect. 20. That no contract for the construction of any for thebu^whfg new building, school house, bridge, culvert, new paving of bddgefcuWeSi s t ree ts, redemption of the tolls of any turnpike or plank new°paving, or road, to be paid for by the city, shall become binding S?toiisof any thereon without an Ordinance therefor duly enacted. No p?Mk lk road, to contract shall be made by the head of any department out m a a n e oTdin-^ or wor k or materials for the city, unless for objects ance therefor, authorized by Councils, and if for new work, the contract and sureties be approved by the City Solicitor and Coun- No contract c ^ s > an( ^ the supervision of Councils shall extend to shall be made adjudge the character of all work and materials done and of any e de^ar?- furnished for the City, and to the scrutiny of the accounts S>jects Un autho 0 r- an( t vouchers therefor; but such supervision and scrutiny ized by Coun- shall in no wise relieve the Controller from the performance of the like duty in respect to such accounts and vouchers. 53 Sect. 21. That no appropriation shall he made of the moneys of the city without an ordinance therefor, expres.- sing the objects thereof and the amount appropriated for each object. It shall he the duty of the Mayor to keep a register of the amount and objects of all appropriations, and to withhold his signature for all new constructions and redemption of tolls as aforesaid, until all the interest accruing on the Loans of the City, and the principal of those becoming due, and the ordinary and necessary ex¬ penses of the city and the administration of justice in the county shall be adequately provided for; and without his signature any ordinance therefor shall not go into effect. It shall be a misdemeanor in office for the Con¬ troller of the city to pass, or the Treasurer of the city to pay any bill or order for any object not authorized by law. Sect. 22. That it shall be lawful for the City of Phila¬ delphia, as rapidly as purchasers can be procured without a sacrifice of price, to make public sale and conveyance of the public halls, lots and real estate vested in the said city, not held upon any trust and not required for authorized public purposes, and to apply the proceeds in discharge of the city debts, and if ground rents be reserved, to sell and convey the same for said pur¬ poses. Sect. 23. That all policemen shall be allowed, with the permission of the Mayor, to receive any rewards or gratuities which may be offered them by persons or insti¬ tutions, who may consider themselves benefited by their extra services; Provided , the same shall not have been asked for or promised before the service was rendered to them personally. Sect. 24. That the Chief Commissioner of Highways and the Commissioners of Highways shall constitute a Board, of which the Chief Commissioner shall be Presi¬ dent, for the transaction of all business relative to high¬ ways, under* the Ordinance of Councils creating the Department of Highways, or any Ordinance that Councils may hereafter pass; and said Board shall, at the expiration of the terms of office of the present Supervisors, recommend to the Mayor, three suitable persons in each Supervisor’s District, from whom the Mayor shall appoint one person to act as Supervisor. No appropria¬ tion of moneys to be made without an or¬ dinance there¬ for. The Mayor to keep a register of the amount and objects of the appropria¬ tions. Misdemeanor in office for the Controller to pass or the Treasurer to pay any bill not authorized by law. The City of Philadelphia to sell the public halls, lots and real estate of the city as ra¬ pidly as possi¬ ble. Policemen al¬ lowed to receive rewards or gra¬ tuities. Chief Commis¬ sioner and the Commissioners of Highways to form a Board, of which the Chief shall be Presi¬ dent. They shall re¬ commend to the Mayor three per¬ sons in each Su¬ pervisory dis¬ trict for appoint¬ ment, the Mayor to appoint one. 54 Sect. 25. That whenever the voters of any ward shall AidS-man^Jbe require, by a majority of votes, an additional Alderman, wd whenever an y g enera, l or 'municipal election, such voters may a majority of vote for such additional Alderman at the succeeding so determine!^ 1 municipal election, who shall thereupon be duly commis¬ sioned as such Alderman. It shall be lawful for any Alderman or Justice of the Peace, or Constable in said city, to receive fees in criminal or penal cases, but said Aldermen or costs an 4 penalties shall be paid over to the City Trea- justices of the surer monthly, under like penalties as in the payment of x cftCG or (Jon- / j. it/ stable?, to re- taxes. It shall be the duty of police officers to serve criminai ee or pT- writs of summons and capias, for the violation of all penal nai cases. and criminal acts and ordinances issued by the Mayor or Police Aldermen, within the City of Philadelphia, the costs for which shall be received and paid into the trea¬ sury as aforesaid. » Sect. 26. That the portion of the Third Congressional gressionai Dis- District now embraced within the limits of the Twenty- ward attached third Ward, be and the same is hereby attached to the tothei9thward. Nineteenth Ward, and the voters resident therein, shall vote at the precinct house of the said Congressional Dis¬ trict to which, by this act, they are attached. Sect. 27. That all sum or sums of money accruing to othe^officS 1 re- an d being in the hands of any Alderman, or other officer, ceiving any mo- arising from the violation of any ordinance, forfeited re- ney for violation . ° r r . . c ' i n i of any ordm- cognizance, or lor any other violation ot law, shall be same o^o the returned to and paid over to the City Treasurer on the evSy month rer ^ rst ea °h an 4 ever y month; .and any such Alderman or other officer neglecting or refusing to make return, and pay over as aforesaid, shall be deemed guilty of a misdemeanor in office, and be proceeded against in like school Direc- manner as f° r other misdemeanors, tors not pre- Sect. 28. That nothing contained in the act to which howfng anyT this is a supplement, shall prevent School Directors from mpnt. r appoint " holding any other office or appointment. Sect. 29. That the said Councils may provide for the Councils may payment of the expenses incurred for the plans, estimates, provide for the ± j _ i 1 , 3 ' necessary ex- and other necessary purposes, by the Board ot Managers Board of m2 of the House of Correction and Employment for the City Ehfuse o? cor 6 - °f Philadelphia, upon the production by said Board, of rection. the proper accounts and vouchers therefor. Sect. 30. 6 That Fifth street, northward from York street, shall be widened upon the plan of streets, to 100 55 feet, taking an equal quantity of ground from each side: Provided , That the 26th section of this act shall not go into effect until the second Tuesday in October, A. D. 1855. HENRY K. STRONG, Speaker of the House of Hepresentatives. WM. M. HIESTER, Speaker of the Senate . Approved the twenty-first day of April, Anno Domini one thousand eight hundred and fifty-five. JAS. POLLOCK. Harrisburg , April 21, 1855. PENNSYLVANIA, ss. I do hereby certify that the foregoing and annexed is a true and correct copy of the original Act of the General Assembly as the same remains on file in this office. In testimony whereof, I have hereunto set my hand, and • caused to be affixed the seal of the Secretary’s ^ Office the day and year above written. ? JOHN M. SULLIVAN, ****** Pep. Sec. of Commonwealth. Fifth street, northward from York street, to be widqped.