P. L. 172.

5 March 1828 § 16. master or mistress, for one whole year; or if an indentured servant, legally and directly imported from Europe in this state, who shall serve with his or her master or mistress in the said city, district or townships, six months() immediately after his or her arrival, or who, after having so served in any other place within the state, shall duly serve any master or mistress in the said city, district or townships, for the space of one year, such persons in any of these cases shall be adjudged and deemed to gain a legal settlement in the said city, district or townships: Provided, That every illegitimate child (c) shall be held and taken to be legally settled in the place of legal settlement of the mother at the time of the birth of such child: And provided also, That any married woman() shall be deemed during coverture and after her husband's death to be legally settled in the place where he was last legally settled; but if he shall have no known legal settlement, then she shall be deemed, whether he is living or dead, to be legally settled in the place where she was last legally settled before marriage.

29 March 1803 § 21.

4 Sm. 59. Removal of

settlement.

Appeal.

poor

(10.) Removals.

579. Upon complaint being made by the guardians of the poor of the said city, district or township, to any one or more of the aldermen of the said city, or to any one or more of the justices of the peace of the county, residing in the said district person to place of or township, that any person or persons therein is or are likely to become chargeable(e), it shall and may be lawful for any two aldermen of the said city, or any two justices of the peace of the county, residing in the said district or township, by their warrant or order (g) directed to the said guardians of the poor, to remove and convey such person or persons to the borough, township, state or place where he, she or they was or were last legally settled, (h) unless such person or persons shall give sufficient security to discharge and indemnify the said city, district or township: Provided always, That if any person or persons shall think him, her or themselves aggrieved by any order of removal made by any of the said aldermen or justices, such person or persons may appeal (i) to the next mayor's court for the said city, or the next court of quarter sessions of the peace for the said county, from whence such poor persons shall be removed, and not elsewhere; which said court shall determine the same; and if there be any defects of form in such order, the magistrates or justices composing such court shall cause the same to be rectified and amended, without any cost to the party, and after such amendment shall proceed to hear the truths and merits of the cause; but no such order of removal shall be proceeded upon, unless reasonable notice be given by the said guardians of the poor unto the overseers of the borough, township or place from which the removal shall be, the reasonableness of which notice shall be determined by the court to which the appeal is made; and if it shall appear to such court that reasonable time of notice was not given, then the appeal shall be adjourned to their next sessions, when and where the same shall be finally determined.

Notice to guardians.

Ibid. § 22.

Costs.

580. For the more effectual prevention of vexatious removals and frivolous appeals, the court of quarter sessions for the county of Philadelphia, upon any appeal concerning the settlement of any poor persons, or upon any proof before them there to be made, of notice of any such appeal to have been given by the proper officers to the guardians of the poor of the said city, district and township, or to the overseers of the poor of any borough, township or place (though they did not afterwards prosecute such appeal), shall at the same sessions order to the party in whose behalf such appeal shall be determined, or to whom such notice did appear to have been given, such costs and charges as by the said court in their discretion shall be thought most reasonable and just, to be paid by the guardians, or any other persons, against whom the appeal shall be determined, or by the person

(b) "Sixty days" by the act of 13 June 1836, P. L. 542. This latter act provides that nothing therein contained shall be taken to repeal or otherwise interfere with any special provision made by law for any city, county, township, borough or other territorial or municipal divisions. It is substantially a re-enactment of the laws theretofore passed relating to Philadelphia.

(c) The settlement of a bastard is that of its mother at the time of its birth; it does not follow a subsequent change of settlement on the part of the parent. Crossley v. Demott, 2 Leg. Op. 161. Limestone v. Licking, 1 Penny. 475.

(d) A female by marriage acquires her husband's settlement, if he has one; which she does not lose by a divorce à vinculis. Buffaloe v. Whitedeer, 15 P. S. 182. Lake District v. South Canaan, 87 Ibid. 19. A wife, divorced à mensa et thoro, and whose husband has deserted her and left the state, can acquire a new settlement in her own right. Overseers v. Eldred Township, 84 Ibid. 429. If a mother, after the death of the father, acquire a new settlement, it becomes that of her minor children. Burrell Township v. Guardians of Pittsburgh, 62 Ibid. 472.

(e) The township in which a pauper first becomes chargeable is liable to maintain him until duly removed to his place of settlement, under an order. Milton v. Williamsport, 9 P. S. 46. County v. Overseers, 107 Ibid. 68. A pauper having no legal settlement, being injured, must be maintained by the district where he becomes helpless. Overseers v. Overseers, 18 W. N. C. 471.

(7) The overseers are liable for relief furnished in an emergency, provided an order of approval be obtained within a reasonable time thereafter; two years held not to be too late. Directors v. Worthington, 38 P. S. 160.

(h) A pauper is only removable to his last place of legal settlement. Jordon v. Mount Pleasant, 10 Pitts.

L. J. 115.

(i) An order of removal, unappealed from, is conclusive of the question of settlement. Sugarloaf v. Schuylkill County, 44 P. S. 481. Directors v. Montour, Ibid. 484. Renovo v. Half-Moon, 78 Ibid. 301. A mandamus lies, to compel the overseers of the poor to receive and maintain a pauper, under an order of removal, unappealed from. Porter Township v. Overseers, 82 Ibid. 275.

4 Sm. 59.

that did give such notice; and if the person ordered to pay such costs and charges 29 March 1803 § 22. shall live out of the jurisdiction of the said court, any justice of the peace where such person shall inhabit, shall, on request to him made, and a true copy of the order for the payment of such costs and charges, certified under the hand of the clerk of the court, by his warrant, cause the same to be levied by distress, and if no such distress can be had shall commit such person to the common jail, until he pays the said costs and charges, or be otherwise legally discharged; and if the said court on such appeal shall determine in favor of the appellant, that such poor person was unduly removed, they shall, at the same session, order and award to such appellant so much money as shall appear to them to have been paid by the city, district, borough, township or place, on whose behalf such appeal was made towards the relief of such poor person, between the time of such undue removal and the determination of such appeal, with the cost aforesaid; the said money so awarded, and the cost, to be recovered in the same manner as costs and charges awarded against an appellant are to be recovered by virtue of this act as aforesaid. 581. If any person be removed, by virtue of this act, from any borough, township or county, to the said city, district of Southwark, or township of the Northern Person to be reLiberties, by warrant or order of any two justices of the peace of any county, under ceived on removal. their hands and seals, or from the said city, district or township, to any other township or borough, county or place, by warrant or order of any two aldermen of the said city, or two justices of the peace residing in the said district or township, under their hands and seals as aforesaid, the guardians or overseers of the poor of the city, borough, township or place, to which such person shall be so removed, are

Ibid. § 25.

hereby required to receive the said person; and if any of the said guardians or Refusal to receive. overseers shall refuse or neglect so to do, he or they so offending, upon proof thereof by one or more credible witnesses, upon oath or affirmation before any one of the aldermen of the said city, or justices of the peace residing in the said district or township, borough or county, where the offender doth reside, shall forfeit for every such offence the sum of twenty dollars, to the use respectively of the poor of the said city, district and township, or other township or borough, from which such person was removed, to be levied by distress and sale of the offender's goods, by warrant under the hand and seal of the said alderman or justice of the peace as aforesaid, which he is hereby required and empowered to make, directed to the constable of the city, district, township, or borough where such offender or offenders dwell, returning the overplus, if any there be, to the owner or owners; and for want of sufficient distress, then the offender to be committed to the jail of the county where he dwells, there to remain, without bail or mainprise, for the space of thirty days.

Ibid. § 26.

582. If any poor person or persons shall remove out of the city of Philadelphia, the district of Southwark, and the township of the Northern Liberties, into any Death before gainother township, borough or place within this state, or shall remove out of any ing a legal settleborough, township or place into the said city, district or township of the Northern ment. Liberties, and shall fall sick or die before he or she hath gained a legal settlement in the said city, district or township, or other township or borough, to which he or she shall come, so that such person or persons cannot be removed, the guardians of the said city, district and township of the Northern Liberties, or overseers of the said other township, or borough, into which such person or persons is or are Notice. to come, or one of them, shall, as soon as conveniently may be, respectively give notice to the overseers of such township or borough, or to the guardians of the said city, district, and township of the Northern Liberties (as it may happen to be necessary), where such person or persons had last gained a legal settlement, or to one of the said overseers or guardians, of the name, circumstances and conditions of such person or persons. And if such overseers of a township or borough, or Neglect to pay. guardians of the said city, district and township of the Northern Liberties, to whom such notice shall be so given, shall neglect or refuse to pay the money expended, as well before as after the said notice, for the use of such poor person or persons, and to take order for relieving and maintaining such poor person or persons, or in case of his, her or their death, before notice can be given as aforesaid, shall, on request being made, neglect, or refuse to pay the money expended in maintaining and burying such poor person or persons, then, and in every such case, it shall be lawful for any two aldermen of the said city, or justices residing in the said district or township of the Northern Liberties, or for any two justices of the peace (not residing in the said district or township of the Northern Liberties) of the county where such poor person or persons were last legally settled, and they are hereby authorized and required, upon complaint made to them, to cause all such sums of money as were necessarily expended for the maintenance of such poor person or persons, during the whole time of his, her or their sickness, and in case he, she or they die, for his, her or their burial by warrant under their hands and seals, to be directed to some constable of the said city, district or township of the Northern Liberties, or of such other township or borough, to be levied by distress and sale of the goods and chattels of the said guardian or guardians, overseer or overseers of the poor, so neglecting or refusing to be paid to the guardians or overseers aforesaid, where such poor person or persons happened to be sick, or to

4 Sm. 59.

Appeal.

29 March 1803 § 26. die as aforesaid; and the overplus of the moneys arising by sale of such goods, remaining in the constable's hands, after the sum of money ordered to be paid, together with the cost of distress, are satisfied, shall be restored to the owner or owners of the said goods: Provided always, That if any of the said guardians of the poor, or the overseers as aforesaid shall think him or themselves aggrieved by any sentence of such justices, or by their refusal to make any order as aforesaid, he or they may appeal to the next mayor's court for the said city, or to the next court of quarter sessions for the county where such guardians or overseers reside, and not elsewhere, who are hereby authorized and required to hear and finally to determine the same.

Ibid. § 27.

Relief of persons

settlement.

Bill to be transmitted.

583. And whereas, it may frequently happen that the place of last legal settlement of poor and indigent persons may be far distant from the city of Philadel not having a legal phia, be it further enacted by the authority aforesaid, that where any person not having legal settlement within the city of Philadelphia, the township of the Northern Liberties, or the district of Southwark, shall be relieved and provided for temporarily by the guardians of the poor in the city of Philadelphia, district of Southwark, and the township of the Northern Liberties, it shall and may be lawful for the said guardians to transmit with the poor and indigent person or persons so as aforesaid relieved, to his last place of legal settlement, a bill(k) containing the amount of moneys expended in the relief of such poor or indigent person or persons, certified under the seal of the corporation, and attested by the oath or affirmation of the guardian furnishing or expending the same, which said bill, so certified and attested, shall be received by the overseers or justices of the township or place where the said poor or indigent person or persons were last legally settled, as evidence, but not conclusive evidence, of the amount, if upon appeal the settlement shall be affirmed; and in case the overseers of the place or township to which such poor and indigent person or persons shall be removed, or the parties removing, as the case may be, shall appeal from the judgment of the said justices to the court of quarter sessions of the county to which such removal shall be made, the said court shall receive the said bill so as aforesaid certified and attested, as evidence, but not conclusive evidence, of the amount; and the overseers of the place or township to which such poor and indigent person or persons shall be so as aforesaid removed, shall be liable to pay the amount adjudged to be due, whether notice has been given to them or not, of the pauper's being within the corporation of the guardians of the poor in the city of Philadelphia, district of Southwark, and the township of the Northern Liberties, any law, usage or custom to the contrary in anywise notwithstanding.

Appeal.

15 April 1867 § 1. P. L. 84.

584. It is the true intent and meaning of the existing laws of this commonwealth, that the district, so accepting said poor person, shall be liable to the disCosts and charges. trict removing said poor person, for costs and charges, in the same manner and to the same extent, that they would have been, had the case been determined against said district, by the court of quarter sessions, upon an appeal from said order of removal. (1)

31 March 1812 § 4. 5 Sm. 392.

person.

585. If any poor person, coming from another state to inhabit, or now inhabiting in the said city, district or township, shall be removed to his or her place of Return of removed legal settlement, and shall return after such removal to the said city, district or township, within one year from the date of such order of removal, such poor person or persons, on conviction thereof by the mayor's court of the city, or the court of quarter sessions of the county, as the case may be, shall, for every such offence, be imprisoned in the prison of the said city and county not more than thirty days, nor less than ten days, and at the expiration of such period of imprisonment, be forthwith removed to his or her place of legal settlement.

21 April 1855 § 4. P. L. 264.

XXII. Streets and highways.

(1.) Of the city plan.

586. It shall be the duty of councils, under the supervision of the president of said Councils to cause a board, to cause to be completed by the district surveyors, in sections from time to plan to be completed. time, a survey and plans of the city(m) plot not already surveyed, according to the

(k) The costs and charges of the removal of a pauper are payable by the accepting district, where there is no appeal; and such liability is enforceable by petition; a common-law action is not the proper remedy. Moore v. Philadelphia, 13 Phila. 425. Blair County v. Clarion, 91 P. S. 431. For executing an order of relief, by conveying a pauper to the almshouse, a constable can only recover a quantum meruit; he is not entitled to the fee, for executing a warrant of removal. Directors of the Poor v. Shingle, 84 Ibid.

37.

(1) The jurisdiction to enforce the liability for the costs and charges of removing a pauper, under this act is in the courts of the accepting district. Williamsport v. Philadelphia, 7 W. N. C. 222.

(m) The 27th section of the act of 2 February 1854, P. L. 37, provided that "nothing herein contained shall alter or interfere with any survey or regulations 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 approved by the court of quarter sessions, upon public notice previously given for the space of thirty days, in at least two of the daily newspapers of the said city, until otherwise provided for by ordinance: And provided further, That in any alteration that may be made of the regulations of any portion of the city, in

P. L. 264.

provisions of the laws under which the late district of Spring Garden was sur- 21 April 1855 § 4. veyed, (n) one copy of which plans, when approved by the court, shall be filed in the office of said board, and the other in the office of the proper district surveyor, and in like manner and with like approval, existing plans may be revised and altered: Provided, That the plans made under existing contracts shall be approved Approval. by said board before being returned to court for confirmation, and that no ground shall be taken for public use, under this act, without compensation as provided by law. The said board of surveyors, under the direction of councils, shall have Lines and grades authority to alter the lines and regulate the grades of any street or streets which of unopened may have been laid out upon any of the public plans or otherwise, but not opened, subject to the exception and approval of the court of quarter sessions, as in the case where the plans are originally submitted for approval and confirmation.(0)

streets.

P. L. 1858.

587. The board of surveyors of the city of Philadelphia, as elected and consti- 6 June 1871 § 1. tuted under acts of assembly, be and the same are hereby invested with full authority to examine and finally confirm(p) or reject all plans of surveys or revisions of Board of surveys plans of the city of Philadelphia when the same have been made by direction of to finally confirm the select and common councils of the said city; and for the purpose of enabling or reject all plans. the said board to carry out the intent of this act they are hereby authorized, through their presiding officer, to administer oaths and affirmations and hear testimony, and shall use a seal for all official papers.(q)

Ibid. § 2.

588. No plan for survey or regulation, or a revision of either or both, shall be finally acted upon by the said board of surveyors until public advertisement shall Advertisement behave been made in three of the public newspapers in the city of Philadelphia, six fore final action. times in each during the thirty days immediately preceding the proposed action, and handbills be posted upon and throughout the area covered by the plan to be considered, giving notice of a hearing thereof, for at least thirty days prior to said hearing; and upon the confirmation of any plan of surveys and regulations by the said board of surveyors, the seal of the board shall be affixed thereto and attested by the presiding officer; said confirmation to be final and conclusive without appeal.

Ibid. § 8.

less it extends

589. No street shall hereafter be added to any confirmed plan of the city of Philadelphia, and called a public street, until the same shall have been approved No street to be by the board of surveyors as to location, width and grades, and shall extend from added to plan until street to street (r) as a thoroughfare: Provided, That an appeal may be taken to approved, nor unthe court of quarter sessions of the city and county of Philadelphia at any time from street to within three months after said board of surveyors shall have finally confirmed street. any plan as aforesaid, when said court may, after a hearing, confirm said plan as submitted, or remand it back to the board of surveyors for reconsideration and revision.

P. L. 861.

590. An act, entitled "An act in relation to the plans of surveys of certain 15 March 1871 § 1. streets in the twenty-fourth ward of the city of Philadelphia," approved the eighteenth day of July, Anno Domini one thousand eight hundred and sixty-three, Mayland dam which suspends the plan of surveys within the limits of a certain tract of land, then property. in the twenty-fourth ward of the city of Philadelphia, known as the Mayland dam property, and forbids the opening of streets through the same, be and the same is hereby repealed; and so much of the established plan of survey of the city of Philadelphia as is embraced within the limits of the property dedicated under the

conformity with the provisions of this section, whereby damage may ensue to private property, compensation shall be made for such damages, to be ascertained and paid by law, as in case of damage for opening streets. All official acts and proceedings of the surveyors and regulators shall be returned to the head of the said board, to remain in his office, from which certified copies shall be made and furnished on request, in the same manner and for the same compensation as copies are furnished from the land department of this commonwealth."

(n) See the act 22 March 1813, 6 Sm. 42, which provides that "at least thirty days' previous notice shall be given in at least two of the public newspapers published in the city of Philadelphia, and by handbills posted up in at least ten of the most public places, that on a certain day appointed by the court, the court of quarter sessions will hear any objections that may be made thereto by any freeholder, and stating where the said plans are deposited for inspection." See infra.

(0) The board of surveys under this act is clothed with final authority under the direction of councils, to plot and lay out streets upon the plans of said city, but its power does not extend to the opening of streets. Twenty-eighth Street, 102 P. S. 140.

(p) This power is not destroyed by the act 5 June 1885, repealing the 27th section of the act 2 February 1854. War. Op. 13 April 1887.

(q) The board of surveys, under this act, has power

to alter and amend plans of surveys, in whole or in part, by vacating one or more of the streets laid down thereon and substituting others, or by adding new streets; and their action, if unappealed from, is final. Arch Street, 10 Phila. 117. Where a plan is sent back to the board of surveyors for reconsideration, and again confirmed by them, an appeal lies to the quarter sessions; but their decision will not be reversed, unless in a case of clear mistake, or abuse of power. Duhring's Appeal, 10 Ibid. 181. The board of surveyors, being authorized to fix a new street line, may reject or confirm it, without appeal, and they may reject or confirm a subsequent modification. Councils may repeal the original revision before confirmation. War. Op. 1885, 25. As to grades, see Ibid. 95. Seventeenth street, from Francis street to Ridge avenue, being upon the city plan as confirmed 10 May 1834, councils have power to authorize the board of surveyors to strike it from the city plans. War. Op. 1884, 79. Owners cannot make a street public, without the consent of the city, shown by placing it on the city plan. If not on such plan, it may be treated as a private way. War. Op. 1886, 30.

83.

As to the lines of Hudson street see War. Op. 1886,

(r) A street cannot be placed on the city plan unless the two streets, which are its termini, are themselves both on the city plan. War. Op. 1884, 98. See the act 23 May 1893, P. L. 123, infra 591.

P. L. 361.

15 March 1871 § 1. provisions of the act hereby repealed, may be revised by the board of surveys of said city, both as to streets and grades; and any alterations of the same shall be filed, returned to court, and confirmed in the manner now prescribed by law.

28 May 1998. P. L. 123.

Certain streets less than 30 feet

wide or which have

dead ends may be placed on the city plan.

8 June 1881. P. L. 68.

Exclusive jurisdiction of municipal

authorities and courts.

21 April 1855 § 7. P. L. 266.

Councils may direct streets on the city plan to be opened.

Damages.

Security.

Persons benefited to contribute.

591. The councils of all cities of the first class are hereby authorized to place on the city plan of public streets of such cities, all streets which were laid out and opened prior to June sixth, one thousand eight hundred and seventy-one, and which are less than thirty feet in width, or have dead ends, or which do not extend in a straight line from one street to another, whereupon such streets shall become public streets; and all acts or parts of acts inconsistent herewith be and the same are hereby repealed. (s)

(2.) Opening streets.

592. The municipal authorities and courts having jurisdiction in any city of this commonwealth, shall have exclusive control and direction of the opening, widening, narrowing, vacating(t) and changing grades of all streets, alleys and highways within the limits of such city, and may open or widen streets, at such points, and of such width, as may be deemed necessary by such city authorities and courts, any private or special statute to the contrary notwithstanding; proceedings to be had in such cases as are now required by law. Streets commenced under any special authority shall be completed, unless otherwise decided by councils; and any of said cities may, with the consent of the court of quarter sessions of the proper county, enter security for damages to private property by reason of street improvements, in such sum or sums as the said court may direct.(u)

593. Whenever councils shall deem the public exigency to demand it, they may order, by ordinance, any street laid upon any of the public plans of the city to be opened, (») giving three months' notice thereof to the owner;(w) whereupon any of the owners, whose ground will be taken by such street, may forthwith petition the court of quarter sessions for viewers to assess the damages which such owners may sustain by the opening of such street, and if the same be not paid within one year, may sue said city for the recovery thereof :(x) Provided, That security shall be given by said city to the owner for the payment of such damages, before his ground shall be actually taken, (y) and the city may indemnify the persons entering such security; and no proceedings to assess the damages on any street on such plan shall lapse, by the delay of a year in paying such damages. (2) It shall be lawful for councils to institute an inquiry as to persons benefited by the opening of any new street, and to withhold appropriation for the opening of the same, until the persons found to be benefited shall have contributed, according to the benefit

(s) The act 6 June 1871, P. L. 1353, supra 589, provides that all streets shall extend from street to street, and the ordinance of 3 May 1855, § 7, 143, provides that no street shall be accepted of a less width than thirty feet.

(t) Where the land granted is described as extending a certain depth, to a street laid out by public authority, but not opened, the grantee acquires no interest in the soil of such street, on its subsequent 'vacation. Union Burial Ground v. Robinson, 5 Whart. 18. Snider v. Snider, 3 Phila. 158. A conveyance of land, bounded by a street, conveys title to the centre of it; and if the street be vacated, the grantee has a right to use the land. Paul v. Carver, 24 P. S. 207. Grier v. Sampson, 27 Ibid. 183. Ball v. Ball, 1 Phila. 36. And such description will control the measurement. Paul v. Carver, 26 P. S. 207. Cox v. Freedley, 33 Ibid. 124.

A statute for the vacation of private roads, existing by prescription, is constitutional; it does not violate the obligation of a contract; such right rests upon adverse user, and not on the fiction of a grant. Stuber's Road, 28 Ibid. 199. Krier's Road, 73 Ibid. 109.

(u) Since the passage of this act a street may be laid out through a cemetery. Twenty-second Street, 11 W. N. C. 465.

A street laid down upon a recorded plan may be opened through the approaches to the depot of a railroad company, notwithstanding the great inconvenience thereby occasioned, on giving security for the damages to be assessed. Philadelphia, Wilmington and Baltimore Railroad Co. v. Philadelphia, 9 Phila. 563.

The act 6 May 1872, P. L. 1163, authorizing the opening of streets through the Monument cemetery, did not confer the right to extend them beyond it. Nagle v. Philadelphia, 10 Phila. 121. The act of 13 February 1829, § 1, P. L. 44, prohibits the laying out of any street, road, lane, court or alley, over or through any part of Fairmount, lying between the northern line of the Upper Ferry road and the southern line of

Francis street, and between the western line of John street and the river Schuylkill, at low-water mark. See the act 27 February 1847, § 16, P. L. 185, as to the plan of streets in the district of Richmond. The act of 5 April 1849, § 5, P. L. 425, forbids the laying out or opening of any street through certain property of the Philadelphia and Reading Railroad Company in Richmond, on the Delaware River.

(v) This is not repealed by the act of 1 April 1864, P. L. 206, infra 604. Twenty-fifth Street, 42 L. I. 444. This has not taken away the jurisdiction of the quarter sessions. Twenty-eighth Street, 102 P. S. 140. Twenty-second Street, 11 W. N. C. 465. See act 24 March 1870, giving power to widen, straighten or change the course of streets. P. L. 547.

(w) A resolution of councils, directing the commissioner of highways, to notify a land-owner, that at the expiration of three months, they will order the opening of a particular street, through his property, is such an order to open as will authorize the assessment of damages, and establish the right to sue for the same, after the expiration of one year from the confirmation. Philadelphia v. Dickson, 38 P. S. 247. A joint resolution is of the same force as an ordinance. Sower v. Philadelphia, 35 P. S. 231.

(x) The city is liable for the damages assessed, although there be no actual opening of the street. Philadelphia v. Dickson, 38 P. S. 247. And for interest on the amount assessed. Philadelphia v. Dyer, 41 P. S. 463. And see Second Street, 66 Ibid.

132.

(y) They have no right, under this act, to open a street laid down on one of the public plans of the city, until they have given security for the damages, although no petition has been filed for their assessment; nor have they such right, under the act 21 April 1858, P. L. 386, until the damages have been assessed and paid, or secured to be paid. Sower v. Philadelphia, 35 P. S. 231. Wistar v. Philadelphia, 71 Ibid. 44.

(z) See Oregon Street, 12 W. N. C. 123. Snyder Avenue, 14 Phila. 346.