Gambar halaman
PDF
ePub

5 April 1849 § 2. P. L. 346.

16 April 1866 § 1. P. L. 946.

120. The general health law, passed on the twenty-ninth day of January, one thousand eight hundred and eighteen, shall be taken and construed as if the word "smallpox " had never occurred therein.

121. The board of health of the city of Philadelphia shall have, for the collection of all debts due the department of health of the city of Philadelphia, all the Collection of debts. Powers now conferred upon the receiver of taxes of the city of Philadelphia for the collection of delinquent taxes, by the act entitled "An act to incorporate the city of Philadelphia," approved the second day of February, Anno Domini one thousand eight hundred and fifty-four, and all the supplements thereto: Provided, That nothing herein contained shall be so construed as to authorize any collector or collectors to collect any commission, fee or charge for the board of health of the city of Philadelphia. (s)

12 April 1866 § 1. P. L. 854.

Oaths.

29 Jan. 1818 § 27. P. L. 58.

Search for nui

sances.

29 Jan. 1818 § 27. P. L. 58.

Removal from streets, &c.

Ibid.

Refusal of owner to abate.

7 April 1830 § 1. P. L. 348.

Unoccupied property.

5 April 1849 § 8. P. L. 346.

Keeping of hogs or other animals.

12.

122. The president, the secretary, and the chief clerk of the board of health, and the health officer of the city and port of Philadelphia, shall have power to administer oaths and affirmations in conducting the business of their respective offices, in connection with said board; and if any person or persons shall wilfully and absolutely swear, or affirm falsely in taking any oath or affirmation, required by such officers aforesaid, in the proper performance of their respective duties, such person or persons so offending, shall, upon due conviction thereof, be subject to the pains and penalties, which are by law prescribed for the punishment of wilful and corrupt perjury.

(4.) Abatement of nuisances.

123. The board of health or a committee of them(t) shall have power, having first obtained a warrant from a justice of the peace in due form of law, founded on a complaint of two householders, under oath or affirmation, directed to the sheriff of the county of Philadelphia, or his deputy, to enter and search all houses, stores, cellars and other enclosures, between sunrise and sunset, where they may have just cause to suspect any nuisance to exist:(u) Provided, however, That no sheriff or deputy sheriff shall execute any civil process either by arresting the body, or attaching the goods and chattels of any person or persons under color of any entry made for the purposes aforesaid, unless such service could by law have been made without such entry; and all services so made under color of such entry shall be utterly void, and the officer making such service shall be considered 'a trespasser.

124. It shall be the duty of the said board to cause all offensive or putrid substances, and all nuisances which may have a tendency in their opinion to endanger the health of the citizens, to be removed from the streets, lanes, alleys, highways, wharves, docks, or any other part or parts of the city of Philadelphia, the district of Southwark, and the townships of the Northern Liberties, Moyamensing, and Penn, and to cause such of the privies within the limits aforesaid to be emptied or corrected with lime or otherwise at the expense of the individuals who are the owners of the houses to which the said privies are appurtenant, as the board shall from time to time deem necessary for the health of the inhabitants thereof.

125. If the owners or occupiers of the premises on which any nuisance may be found, and the owners of the houses to which the said privies are appurtenant, shall, on due notice thereof, refuse or neglect to have the same immediately removed, emptied or corrected as aforesaid, he, she or they, so refusing or neglecting, shall forfeit and pay for every such offence, any sum not less than twenty, nor more than two hundred dollars, to be recovered and appropriated as by this act directed. And the expense attending the removal of such nuisance shall be recovered by the board in any court having lawful jurisdiction, from all corporate bodies and individuals, in case due notice has been given to remove the same, and a refusal or neglect to do so within the time prescribed by the board.

126. It shall be the duty of the board of health in all cases where the owner or owners of unoccupied property upon which a nuisance, in the opinion of the said board, exists, reside out of the city, districts and townships subjected to the operation of the act to which this is a supplement, or cannot be found by the messenger of the said board, after diligent search made, to cause the said nuisance to be at once removed, and the expense attending the removal of the same shall be recovered by the said board in any court, or before any court, alderman or justice of the peace, having lawful jurisdiction, as in and by the said act is provided.

127. Whenever any nuisance shall be found anywhere within the jurisdiction of the board of health, by reason of the keeping of hogs(v) or other animals, the board of health, in addition to their power of destroying the pens or other enclos

(8) But see the ordinance 30 December 1886, §

(t) The director may designate an officer to carry out the board's orders. War. Op. 9 May 1887.

(u) See War. Op. 1885, 9.

(v) A pigsty in a city is a nuisance per se; and it is no defence, that it has been in the same place, for a

long series of years, and is connected with a large and flourishing manufacture. Commonwealth v. Van Sickle, Bright. 69. Commonwealth v. Hutz, Ibid. 75 n.

The board of health may pay arrears of water-rent, if necessary on the abatement of a nuisance. War. Op. 1886, 93.

P. L. 346.

ures containing such animals, or of otherwise abating and removing such nui- 5 April 1849 § 3. sance, be and they are hereby empowered to seize such animals, and deliver them over as forfeited to "The guardians for the relief and employment of the poor of the city of Philadelphia, the district of Southwark, and the townships of the Northern Liberties and Penn," for the use of said poor, and it shall be the duty of said guardians of the poor, on notice from the board of health, to receive the said animals, and pay the expense of their removal: Provided, That nothing herein contained shall be construed to interfere with the keeping of well-regulated markets for the purchase and sale of cattle, excepting swine.

Ibid. § 5.

128. The board of health shall have full power and authority to remove the cause of all nuisances that exist now, or may be hereafter created, in the same Power to remove manner and by the same authority as the existing laws now authorize them to cause of nuisance. remove all nuisances.(w)

P. L. 487.

129. All and singular the powers and authorities now conferred by law on the 4 April 1866 § 1. board of health, in the city of Philadelphia, in respect to the removal of nuisances,

ways.

be and the same are hereby extended to all property situate on any public high- Nuisance on highway of the said city, and all laws inconsistent herewith are hereby repealed: Provided, That to authorize any such removal the alleged nuisance shall be located within one hundred yards of some dwelling-house.(x)

7 April 1830 § 2. P. L. 384.

130. The expenses attending the removal of any nuisance shall be and remain a lien (r) upon the premises from which such nuisance has been removed, and it shall be the duty of the said board of health to file the claim therefor against the Expense of reowner or reputed owner, in the office of the clerk of the district court for the city moval to be a lien. and county of Philadelphia, which said court shall, in all cases, have jurisdiction of the same, and the said claims may be filed, recorded and proceeded on by scire facias to recover the same, in like manner as mechanics' liens are recoverable, upon the trial of which, the fact of the nuisance shall not be inquired into, and the defendant or defendants shall only be permitted to give evidence of payment, or that unnecessary expenses were incurred by the board in the removal of the

nuisance.

131. The several provisions of the second section of an act, entitled "An act to establish the district court of the city of Philadelphia," passed twenty-eighth day of March, eighteen hundred and thirty-five,(y) and of the first section of the supplement thereto, passed eleventh day of March, eighteen hundred and thirty-six,(z) be and they are hereby deemed and construed to extend to all actions of scire facias on claims filed, or to be filed, by the board of health, for removing nuisances under the laws of the commonwealth.

[ocr errors]

7 May 1841 § 2. P. L. 364.

Liens for nuisances.

15 April 1782 § 11. 2 Sm. 51.

132. No length of possession whatever of any part of any public street or way within the said city encroached upon, shall be available to bar or prevent the correction and removal of any nuisance by buildings, enclosure or otherwise, which have Encroachments been or hereafter may be erected or made within or upon any street, lane or alley within the said city.

on streets.

7 Feb. 1832 § 2. P. L. 55.

133. No length of possession whatever shall be available to bar or prevent the correction or removal of any nuisance existing, or which may hereafter exist, at or near that part of the river Schuylkill which is between the dam at Flatrock and Nuisances on the the dam at Fairmount.

Schuylkill.

P. L. 89.

134. The city councils shall, from time to time, exempt from the operation of 16 March 1855 § 1. any statute law, conferring on the board of health, jurisdiction of the subject of nuisances such portions of the territory under their jurisdiction, being a rural dis- Rural districts. trict or sparse in population, as in their opinion they can do with safety to the health and comfort of the inhabitants thereof, which exemption shall at all times be revocable by the like authority.

(5.) House drainage and cesspools.

30 June 1885 § 1. P. L. 250.

Rules for construc

135. The boards of health, in cities of the first class, shall be and they are hereby authorized and directed to adopt and promulgate suitable rules and regula- tion.

(a) The board of health have power to fill up wells for drinking purposes, but only if it has positive and convincing proofs that they get their supply from a body of water which is noxious and injurious to the health of the citizens. War. Op. 1885, 45.

(2) The board of health have power to fence a lot, if necessary for the abatement of a nuisance. Wistar v. Addicks, 9 Phila. 145. A resolution, declaring that a nuisance exists on lots north and south of Master, between Broad and Thirteenth streets, will not sustain a claim against a lot at the southwest corner of Thirteenth and Master streets. Philadelphia v. Houseman, 2 Ibid. 349. See ordinance 12 July 1872, § 1,

330.

(2) The board have final jurisdiction in determining the fact of nuisance, which they order to be removed. Kennedy v. Board of Health, 2 P. S. 366. But to obtain a valid lien for the removal of a nuisance, the

board of health must strictly pursue the provisions of the act of 1818; there must be a complaint of two householders, and a warrant from a justice. Baugh v. Sheriff, 7 Phila. 82. Where there is no appropriation, the city cannot collect from the property owner. The individuals illegally ordering the work are responsible. City v. Wistar, 41 L. I. 15. Where the board of health had inserted new appliances, instead of merely removing, a rule to strike off municipal claim therefor was discharged. City v. Stewart, 16 W. N. C. 99. A lot-owner is liable for a nuisance occasioned by the filling up of a street in front of his property by the municipal authorities. Broomall v. Chester, 1 Ibid. 228.

(y) Authorizing judgment by default for want of an affidavit of defence.

(z) Providing that a copy of the record need not be filed.

30 June 1885 § 1. tions(a) for the construction of house drainage and cesspools, and to provide for the registration of master plumbers and persons engaged in the plumbing business

P. L. 250.

(a) Under the powers vested by this act the board of health, on the 23d February 1886, promulgated the following rules and regulations for the registration of master plumbers and relating to plans and specifications for house drainage:

1. On or before April 1st, 1886, every person engaged, or about to engage in the plumbing business in the city of Philadelphia as a master plumber, or any person coming from other places for the purpose of doing plumbing work in the city of Philadelphia as a master plumber, shall appear in person at the office of the board of health and register his name and address upon forms prescribed by the board of health, and receive a certificate of registry; and no person other than a registered plumber shall be allowed to carry on or engage in the plumbing business, or make any connection with any sewer, drain, soil or waste-pipe, or any pipe connected therewith.

2. It shall be the duty of every registered plumber to give immediate notice of any change in his place of business, for the correction of the register.

3. The drainage of all buildings, public or private, and the alterations of the same, shall be executed in accordance with plans and specifications previously approved in writing by the board of health.

4. There shall be a separate plan for each building, public or private, accompanied by specifications describing the drainage of said buildings on blanks, prescribed and furnished for this purpose, showing size and kind of pipe, also traps, closets and fixtures to be used, the same to be placed on file in the office of the board of health, said drawings and descriptions to be furnished by the architect or builder, where one is employed; and applications for a change in plan must be made in writing, by the owner or his authorized agent.

5. Drawings and descriptions of the drainage of buildings erected prior to 1886 may be placed on file in the office of the board of health.

6. Blanks for drawings and specifications for drainage will be furnished on application at this department. One vertical drawing will be sufficient for a building where it can be made to show all the work; if the work is intricate and cannot be shown by one drawing, two or more shall be made.

7. When the drainage of buildings erected prior to 1886 has been inspected and condemned, plans must be filed, and the new work or alterations shall be executed in accordance with these rules and regulations.

8. Plans will be approved or rejected within twenty-four hours when practicable, and under no circumstances will a delay beyond ten days be permitted.

9. All material shall be of good quality and free from defects, and the work must be executed in a thorough and workmanlike manner.

10. All soil, waste, anti-siphoning pipes and traps, before being connected with fixtures, shall have opening stopped and a suitable test applied for inspection. 11. The drain, soil and waste-pipes, and the traps shall, if practicable, be exposed to view for ready inspection at all times, and for convenience in repairing. When placed within walls or partitions and not exposed to view, or not covered with woodwork fastened with screws so as to be readily removed, or when not easily accessible extra heavy pipes shall be used at the discretion of the department.

12. No drainage work shall be covered or concealed in any way until after it has been examined and approved by an inspector of this department, and notice must be sent to the department when the work is sufficiently advanced for such inspection.

It is recommended that while building, recesses shall be left in the walls for all soil or waste-pipes of three inches or over.

13. The main drain of every house or building shall be separately and independently connected with the street sewer, where one is provided; and where there is no sewer in the street, and it is necessary to construct a private sewer to connect with one on an adjacent street, such plans may be used as may be approved by this department, but in no case shall a joint drain be laid in cellars parallel with street or alley. All house-drains or soil-pipe laid beneath the

cellar floor shall be of proved tar-coated, extra heavy cast-iron pipe, with well-leaded and caulked joints, or of wrought iron, with screw joints made with paste of red lead and treated to prevent corrosion, or of first quality terra-cotta pipe, with joints of the best cement. All other drain, soil, or waste-pipe connected with main drain, or where main drain-pipe is above the cellar floor, shall be of tar-coated castiron pipe or of wrought-iron pipe with screw joints made with a paste of red lead and treated to prevent corrosion, properly secured and carried five feet outside of house walls, or five feet beyond vault, if any. 14. The house drain shall not be less than four inches, and not more than ten inches in diameter, and the fall shall not be less than one-half an inch to the foot, unless by special permission of this department; it shall be laid in a trench cut at a uniform grade, but if of iron it may run along and be properly secured to the cellar wall.

15. The arrangement of soil and waste-pipes shall be as direct as possible. All changes in direction on horizontal pipes shall be made with Y-branches.

16. The house drain shall be provided with a horizontal trap placed at an accessible point immediately inside of cellar wall nearest to the sewer. The trap shall have a hand-hole, for convenience in cleaning, the cover of which shall be properly fitted and the joints made air-tight. It shall also be furnished with a proper clean-out placed between the trap and

sewer.

17. There shall be an inlet for fresh air, entering the drain at least three feet just inside the trap, or at the rear end of system, of at least four inches in diameter, leading to the outer air and opening at any convenient place with an accessible clean-out.

18. Where the pipes pass through a new foundation wall, a relieving arch shall be built over it with a two-inch clearance on either side of drain-pipe.

19. Every vertical soil-pipe shall extend at least two feet above the highest part of the building or contiguous property, and should be of undiminished size, with the outlet uncovered except with wireguard. They shall not open near a window nor an air-shaft ventilating living rooms.

20. The outlet of ventilating pipe of yard watercloset shall not be near a window, nor an air-shaft ventilating living rooms.

21. Where a separate line of waste-pipes is used, not connected with sewer-pipes, it shall also be carried two feet above the highest part of the building or contiguous property, unless otherwise permitted by this department.

22. There shall be no traps, caps or cowls or soil or waste-pipes which will interfere with the system of ventilation.

23. All drainage or anti-siphoning iron pipe shall be sound, free from holes, and of a uniform thickness of standard weights.

24. All joints in the cast-iron drain, soil and waste-pipes shall be so caulked with oakum and lead, or with cement made of iron filings and salammoniac, as to make them gas-tight.

25. All connections of lead with iron pipe shall be made with a sleeve or ferrule, put in the hub of the branch of the iron pipe and caulked in with lead, except in cases of iron water-closet traps or old work when drilling or tapping is permitted. The lead pipe shall be attached to the ferrule by a solder joint.

26. All connections of lead pipe shall be by solder joints.

27. Every water-closet, sink, basin, wash-tray, bath and every tub or set of tubs, shall be separately and effectively trapped.

28. The trap must be placed as near the fixture as practicable. All waste-pipes shall be provided with strong metallic strainers. All drains from hydrants shall be trapped, and in a manner accessible for cleaning out.

29. Traps of fixtures shall be protected from siphonage. All anti-siphon pipes shall be carried up and through the roof or connected with the main soil pipe above the highest fixture.

30. Every anti-siphon pipe shall be of lead, of galvanized gas-pipe, or of cast-iron pipe, tar-coated. Where these pipes go through the roof they shall

P. L. 250. Plumbers to be

in said cities: Provided, That no cesspools shall be permitted to drain into a sewer: 30 June 1885 § 1. And provided further, That nothing in this act shall be construed to apply to cesspools in existence at the present time or their connections with, or drainage into, registered.

any sewer.

136. They shall also establish a system of inspection and supervision over all house drainage and cesspools, and ventilation of the same, and appoint such inspectors as in their judgment may be necessary, at such compensation(b) as may be approved by the councils of said cities.

Cesspools.

Ibid. § 2.

Inspection.

Ibid. § 3.

137. Any person who shall refuse or neglect to comply with the requirements of said rules and regulations when promulgated, shall be guilty of a misdemeanor, (c) Violation of rules. and, on conviction, be sentenced to pay a fine of not more than one hundred dollars, or undergo an imprisonment not exceeding one year, or both, in the discretion of the court.

P. L. 89.

138. No person shall remove, or cause, or allow to be removed, the contents of 16 March 1855 § 1. any privy well(d) or sink within the limits of the jurisdiction of the board of health, without first being licensed by the board of health to do so, and every person Excavations of offending against the provisions of this section shall, for every such offence, forfeit privy wells to be and pay to the board of health the sum of fifty dollars, to be recovered as debts of that amount are by law recoverable, and also be liable to indictment at common law for creating or maintaining a nuisance.

licensed.

Ibid. § 2.

License for one

year.

139. Every person desirous of being licensed to empty or remove the contents of privy wells and sinks within the limits of the jurisdiction of the board of health, shall make application in writing to the board of health, who, on being satisfied with the character of the applicant, and the security and tightness of his carts, and that he is the owner of such horses and carts as represented in his application, and that he is not in collusion or combination with other persons to deceive and defraud the board, may, under such rules and regulations as they shall make in regard thereto, both as to their own protection from fraud and imposition by such person, and as to their supervision and control of such person in his said vocation, grant him a license for one year, and renew the same from year to year, as they may deem proper, and for each license so granted, and every renewal thereof, he shall pay therefor to the board of health the sum of fifty dollars; and whenever any such person shall desire, under his license, to empty or cleanse any privy well or sink, he shall first take from the board of health a permit to do so, at which time he shall Permits. furnish to the clerk the name of the owner, agent or occupant of such property as shall have so employed him, and the name of such owner, agent or occupant shall be mentioned in said permit and recorded in the office, which permit shall particularly specify the privy well or sink to be emptied or cleansed, and the days or hours in which it shall be done; and if any such person shall, by himself, his Excavations withagents or servants, remove, cause or allow, or assist in removing the contents of any out permit. privy well or sink within portions of said city not excluded from the operation of this act, without first having obtained such permit, or shall do so on any other day or days, or at any other hour or hours, than those specified in such permit, he shall

extend two feet above the highest part of the building or contiguous property; they may be combined by branching together those which serve several traps. These pipes where not vertical must always have a continuous slope, to avoid collecting water by condensation.

31. All drip or overflow pipes from safes under wash-basins, baths, urinals, water-closets, or other fixtures, shall be by a special pipe run to an open sink, outside the house or some conspicuous point; and in no case shall any such pipe be connected with a soil, drain or waste-pipe.

32. No waste-pipe from a refrigerator or other receptacle in which provisions are stored shall be connected with any drain, soil or other waste-pipe. Such waste-pipes shall be so arranged as to admit of frequent flushing, and shall be as short as possible.

33. The overflow pipes from tanks and the wastepipe from a refrigerator shall discharge into an open fixture properly trapped.

34. Every water-closet, or one line of water-closets on the same floor, shall be supplied with water from a special water-closet tank or cistern (the water of which is not used for any other purpose), except where the supply of water is assured.

35. Water-closets must not be located in the sleeping apartments of any building, nor in any room or apartinent which has not direct communication with the external air either by a window or an air-shaft, having an area to the open air of at least four square feet.

36. The containers of all water-closets must be supplied with fresh air and be properly ventilated, as approved by the department.

37. Rain-water conductors shall not be connected

outside of main trap, or used as soil, waste or ventpipes; nor shall any soil, waste or air-pipe be used as a conductor. When connected with the house drain or sewer, the conductors shall be trapped beneath the ground with a deep seal, to avoid evaporation, and if placed within the house shall be made of cast-iron with leaded joints.

38. No steam exhaust or waste from steam-pipes shall be connected with any house drain or soil-pipe.

39. No privy vault, or cesspool for sewage, shall hereafter be constructed in any part of the city where a sewer is at all accessible.

40. No connection from any cesspool or privy well shall be made with any sewer, nor shall any watercloset or house drainage empty into a cesspool or privy

well.

41. No opening will be allowed in the sewer-pipe of any building for the purpose of receiving the surface drainage of the cellar, unless special permission is granted, and any opening so made must be immediately and permanently closed when directed by the department.

(b) This act is mandatory upon councils in so far as an appropriation is necessary. War. Op. 1886, 17. (c) See infra, page 1438, note (l).

(d) A privy well, which leaks into the adjoining property, is a nuisance per se, without regard to the question of negligence. Jacobs v. Worrell, 15 L. I. 139. The construction and use of a cesspool or privy, the percolations from which contaminate the water of an adjoining property owner's well, is a nuisance. laugh's Appeal, 102 P. S. 42. If a landlord demise the premises with a cesspool so located that its use by the tenant would naturally result in a nuisance, the landlord is liable. Fow v. Roberts, 108 Ibid. 489.

P. L. 89.

16 March 1855 § 2. for every such offence forfeit and pay to the board of health the sum of twenty-five dollars: Provided, That nothing herein, or in any other act contained, shall prevent farmers(e) and others living in rural sections from cleansing their privies, without any license and without any penalty therefor.

Ibid. § 3. Price of permit.

1 May 1879 § 1. P. L. 44.

Fee.

16 March 1855 § 6. P. L. 89.

to give bond.

140. The price of the permit shall be paid to the board of health when issued, and shall in all cases be repaid by the person or persons whose privy well or sink shall be emptied and cleansed, and when such work shall be done by order of the board of health, to any premises declared a nuisance, the price of the permit shall also be recovered by the board of health, as part of the expenses of the removal of such nuisance.

141. In all cities of the first class in this commonwealth, the price or sum charged and collected by the board of health for each permit to remove the contents of privy wells or sinks, shall be fifty cents during the whole year, excepting in cases declared by the board of health to be a nuisance, when in said cases the price shall be one dollar.

142. Every licensed person shall give bond to the city of Philadelphia, for the use of the board of health, with surety, in the penalty of two hundred and fifty dolLicensed persons lars, to be approved by the board, conditioned for the faithful performance of all duties enjoined by this law, and the regulations of the board of health, and for the payment to them of all sums by this act directed to be paid to them; and the board of health shall in addition have power, by a vote of the majority of the whole number of members of the board, to revoke or suspend any license for good cause shown.

Ibid. § 7. Contracting with unlicensed person.

8 April 1867 § 1. P. L. 988.

Deposit of ashes,

143. Every person in the city or county of Philadelphia, whether owner, agent or occupant of property, who shall employ or contract with any unlicensed person to cleanse his or her privy well or sink, or who shall receive from any unlicensed person any portion of the contents of a privy well or sink emptied and cleansed within the limits of the jurisdiction of the board of health, shall for every such offence forfeit and pay to the board of health the sum of twenty-five dollars, to be recovered as debts of like amount are by law recoverable.

144. It shall not be lawful for any person, or persons, occupying any house, or houses, in the city of Philadelphia, at rent or otherwise, and not being the owner, to deposit any ashes, rubbish, bricks, stones or cinders, in any privy well attached &c., in privy wells. to such premises; any person, or persons, convicted in the court of quarter sessions of the county of Philadelphia, for any violation of the provisions of this act, shall be punished by a fine not exceeding five hundred dollars, or imprisonment for a period not exceeding two years, in the discretion of the court.(g)

16 March 1855 § 9.

P. L. 91.

To be in name of

(6.) Contracts.

145. All contracts made by or with the board of health, and all recoveries of penalties and suits for other causes of action, under this and other acts to which this is a supplement, shall be in the name of the city of Philadelphia, for the use of the city to use of the board of health; and nothing herein contained shall in anywise impair the authority of the city corporation over said board of health as one of the departments of said city.

board.

21 April 1858 § 8. P. L. 386.

When binding upon the city.

29 Jan. 1818 § 22. P. L. 52.

Removals to.

146. That the provisions of the twentieth (h) and twenty-first sections of the act of April twenty-first, one thousand eight hundred and fifty-five, entitled "A supplement to the act consolidating the city of Philadelphia," are hereby extended to the board of health and the board of guardians of the poor. No contract made by either of the said boards shall be binding upon the city unless a warrant therefor shall be issued and countersigned in such manner, and by such officers as councils may by ordinance prescribe, and such officer shall give bond to the city of Philadelphia in such amount, and with surety as shall be approved by councils, conditioned for the faithful performance of the duties imposed upon said officer by law or ordinance, and that he will not countersign any warrant upon the city treasurer except such as may be authorized by law or ordinance, and within the appropriations made by councils.

(7.) Municipal hospital.

147. The buildings and lot of ground situate to the northwest of Bush Hill, in the county of Philadelphia, shall be and continue a public hospital for the city of Philadelphia, the township of the Northern Liberties, and the districts of Southwark, Moyamensing and Penn; and all persons other than persons on board of any ship or vessel, and liable to be sent as aforesaid to the lazaretto, residing within

(e) This exception must be confined to strictly farm land. War. Op. 1885, 20.

(g) By ordinance 23 September, 1864, § 35, 361, it is declared a nuisance to maintain any privy well within two feet of an adjoining lot. See ordinance 2 December 1874, 369.

(h) Under the act 18 March 1869, P. L. 397, the finance committee of councils had power to supervise

the awarding of contracts by the board of health; the
powers conferred by the act 23 May 1874, P. L. 233,
not having yet been exercised. McCafferty v. Steel,
12 Phila. 236. The power of opening proposals and
awarding contracts is now exercised by the board of
health independent of the committee of councils.
War. Op. 13 April 1887. Ibid. 10 May 1887.

See

« SebelumnyaLanjutkan »