Const. 1874, art. 9, as shall be provided by law; but any city, the debt of which now exceeds seven $8.

20 April 1874 § 1. P. L. 65.

limitation.

per centum of such assessed valuation, may be authorized by law to increase the same three per centum, in the aggregate at any one time, upon such valuation. 735. Whenever the debt of any city shall be equal to seven per centum upon the assessed value of the taxable property, as fixed by the last preceding assessed Debt not to be in- valuation therein, it shall be unlawful to increase the same, and all such increase creased beyond the shall be void, and any obligation issued for such increase, or any part thereof, shall be of no binding force upon such municipality or district; and each of the officers thereof wilfully authorizing such increase, or executing any obligation thereof, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding ten thousand dollars, and undergo an imprisonment not exceeding one year, or either, at the discretion of the court trying the same: Provided, That any city, the debt of which now exceeds seven per centum of such assessed valuation, may, under authority of law to be hereafter enacted, increase the same three per centum in the aggregate, at any one time, upon such valuation.

Proviso.

26 May 1891. P. L. 126.

Authorized to increase indebted

ness.

Ordinance.

Tax to pay interest.

15 May 1874 § 1. P. L. 195.

Transfer of city loans.

1 June 1885, art. 11. P. L. 49.

Commission to continue.

13 May 1856 § 3. P. L. 489.

Sale of investments.

736. The councils of any city of the first class, the debt of which now exceeds seven per centum upon the assessed value of the taxable property therein, shall be and they are hereby authorized to increase the said debt one per centum upon such valuation: Provided, That no money shall hereafter be borrowed on the faith and credit of said cities, unless the ordinance 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, four weeks before the final consideration and passage thereof by the said common council, and at any stated meetings of the select council, held at least one week after the final consideration 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 loan shall be authorized without a vote of two-thirds of the whole number of members of each council: And provided also, That the specific purpose or purposes for which the said loan is authorized shall be distinctly set out in the said ordinance, and that the moneys received for said loan shall not be used for any purposes other than those so stated: And provided further, That the said city shall, at or before the time of authorizing the said loan, provide for the collection of an annual tax sufficient to pay the interest and also the principal of the said loan within thirty years, and said bonds when so redeemed shall be cancelled.(h)

(2.) City loans.

737. If any holder of the loans of the city of Philadelphia, domiciled or resident abroad out of these United States, or in any other state or territory of these United States, shall have heretofore died, or shall hereafter die, it shall and may be lawful for the person or persons duly authorized by the laws of the state or country in which the said foreign loan holder was so domiciled or resident at the time of his or her death, to administer or take charge or possession of the personal estate of the said decedent, in person, or by attorney, duly constituted and appointed, to transfer and assign, upon the books of the proper office or agency, all loans of the city of Philadelphia, held by or standing in the name of such decedent: Provided always, however, That the person or persons so authorized to administer and take charge and possession of the personal estate of such decedent, or his attorney, shall be required to produce and file full and complete evidence of his authority from the office or tribunal having jurisdiction of the subject, certified under the hand and seal of any minister plenipotentiary, chargé d'affaires, consul or viceconsul of the United States: Provided further, That before the person authorized to administer the estate of the decedent as aforesaid shall transfer the loans of the city of Philadelphia, as above provided, he shall file with the clerk of the orphans' court of the city of Philadelphia an affidavit stating that the said decedent is not indebted to any person in this commonwealth, and that the proposed transfer is not made for the purpose of removing any of the assets of said decedent beyond the reach of any of his creditors in this commonwealth; and any transfer, by the person authorized as aforesaid to administer the estate of a decedent, of any of the loans aforesaid, without first making and filing the affidavit as above provided, shall be void.

(3.) Sinking fund.(i)

738. The sinking fund commission shall continue as now established by law. 739. The investments which now or hereafter may form a part of the sinking fund of the said city, shall not be sold except for money, nor changed except for the loan of the said city; and in case of such sale or exchange, the proceeds

(h) This is an amendment of § 11 of the act of 23 May 1874, P. L. 230. See act 11 May 1893, P. L. 42.

(i) See tit. "Municipal Corporations."

thereof shall be applied exclusively to the sinking fund of said city, or to the extinguishment of its funded debt.(k)

(4.) Financial statement.

13 May 1856 § 8. P. L. 489.

P. L. 17.

740. The city councils shall cause to be published, once in each year in the 18 March 1875 § 2. month of January, or as soon as possible thereafter, not later than sixty days, a statement of receipts and expenditures of the city, and statement of the financial To be published condition of the city, showing all of its liabilities, permanent and temporary, and annually. a schedule of its assets; which shall be published in at least two newspapers, of different political complexion, published in such city, for three successive issues.

(k) The sinking funds established by the various ordinances of Philadelphia prior to that of March 1859, for the payment of gas loans authorized by and

negotiated under said ordinances respectively, are not part of the sinking fund of the city of Philadelphia within this act. Gardner v. City, 42 L. I. 520.

MUNICIPAL CORPORATIONS-SECOND CLASS.

See MAGISTRATES' COURTS.

1. Legislative power vested in two branches of first referred to board of viewers. Duty of viewers.

17. Executive powers and duties to be assigned to days to common pleas. proper departments.

18. Three departments established. Councils to choose heads.

66. Notice and copy to city attorney.

67. Powers and duties of court of appeal.

68. City attorney to collect assessments and jury

19. Jurisdiction of department of public safety. damages. Notice to owners.

City to use claim may be filed. City attorney to collect.

99. Service of notice to curb and pave. 100. Filing and divesting of lien.

101. Councils may discontinue proceedings at any time.

102. Councils may curtail the length or width of improvement.

103. Suspension of contracts.

104. Use and occupation of streets under control of councils.

105. Councils may impose reasonable terms and regulations for use. No discrimination.

106. Dispute as to validity or meaning of terms and regulations.

107. Contracts for grading, paving, repairing and cleaning may be made.

108. Repeal.

109. Damages for opening, &c., streets under invalid laws.

110. Petition for viewers.

111. Notice by advertisement. Posting.

112. Three viewers to be appointed.

113. Shall be sworn or affirmed.

114. Fix time and place of meeting. Notice by publication. And handbills. Viewers to visit and inspect.

115. Hearing. Assessment of damages and benefits. Report and plants.

I.

Councils.

1. The legislative power of cities of the second class shall be vested, as heretofore, in two branches, which shall be known as the select and common councils, respectively, and the said councils shall, by ordinance, regulate their times and days of meetings, and the mode of calling the same.(1)

14 June 1887 § 1.

P. L. 895. Power vested in

two branches of

councils.

Ibid.

select council.

2. On and after the first Monday of April, one thousand eight hundred and eighty-eight, the select council shall consist of one member from each ward, whose successor shall be elected as hereinafter provided; the common council Membership of shall consist of at least one member from each ward, and apportioned in the of common manner provided by existing legislation, and shall be elected for a term of two council. years.

P. L. 123.

3. Hereafter the ratio of representation in common councils in cities of the 26 May 1891 § 1. second class shall be fixed and determined as follows: In the month of July preceding the next regular municipal election, after the passage of this act, and Representation in every fourth year thereafter, the members of common council shall be appor- common council. tioned in the following manner: It shall be the duty of the assessors of each ward to return, under oath, a true and exact return of resident taxables, to the president of the common council on or before the first day of July in each year when an apportionment is to be made, and at the first meeting in the councils thereafter a joint committee of five, two from the select and three from the common council, shall be appointed, who shall examine the said returns and divide the whole number of taxables by forty, and the quotient shall be the ratio of representation for members of common council: Provided, That should any ward have an excess of three-fifths more than the ratio of taxables, it shall be entitled to an additional member: And provided further, That each ward shall have at least one member of common councils.

4. All acts or parts of acts, local or general, inconsistent herewith be and the same are hereby repealed.

Ibid. § 2. Repealing clause. 14 June 1887 § 2.

P. L. 395.

5. On the third Tuesday of February, one thousand eight hundred and eightynine, the qualified voters of each ward shall elect one select councilman, who shall be a qualified voter of the ward, and the members of the select council shall, im- First election of mediately after their organization, proceed by lot to divide themselves into two select councilmen. classes: The first class shall serve for one year, the second class shall serve for Terms. three years.

Ibid.

6. On the third Tuesday of February, one thousand eight hundred and ninety, and every fourth year thereafter, the qualified voters in each ward, whose repre- Regular elections. sentative in select council belongs to the first class, shall elect a representative for said ward for the term of four years, and in the year one thousand eight hundred and ninety-two, and every fourth year thereafter, the qualified voters in each ward, whose representative in select council belongs to the second class, shall elect a representative for four years.

Ibid. § 10.

7. The councils shall, primarily, by ordinances enacted before the first day in January, Anno Domini one thousand eight hundred and eighty-eight, provide for the carrying this act into effect by the election of the heads of departments, into effect. designating the salaries thereof, the offices to be occupied by each, the number

To carry this law

(1) By the 26th section, this act took effect on the first Monday of January, A.D. 1888.

P. L. 395.

14 June 1887 § 10. and grade of their employés and clerks, and the amount to be paid them, the manner of keeping the accounts, the mode of receiving complaints of the public, and such other matters (not inconsistent with this act), as may, in their opinion, be pertinent and relative to the same, and perfect their efficiency, and they shall also, by ordinance, dispense with any office or officer not required by any of said departments, the duties of which relate to the same.

Ibid. § 11.

City clerk to have seal.

Copies evidence.

Ibid. § 12.

8. The councils of said cities shall, by ordinance, authorize the city clerk of said cities of the second class to provide a seal of his office, and all certified copies of papers and records of said cities in his custody, as such clerk, duly certified under his hand and the said seal, shall be of equal force and effect as evidence in all courts of justice and elsewhere where the same may be offered, as the originals thereof remaining on file in his office could or might be.

9. The councils of said cities shall have full power and authority to provide, by ordinance, for the relief and employment of the poor of said cities, and for that Relief and employ-purpose shall have power and authority to sell and purchase real estate and improvements, and erect such improvements as may be deemed necessary for the proper care and maintenance of said poor.

ment of the poor.

Ibid. § 8. Bureaus, clerks,

&c., to be provided for by councils.

Fix salaries.

10. Councils shall provide, by ordinance, for such bureaus, clerks or other subordinate officers, as may be required for the transaction of the business of the departments, and shall have power to fix the salaries of all city officers.

11. The councils of any city of the second class shall have power to license 18 March 1875 § 7. pawnbrokers to do business within the corporate limits thereof, under such regulations and upon payment of such fees as shall be prescribed by ordinance of said councils.

P. L. 11.

Licensing of pawnbrokers.

Ibid. § 8.

12. The councils of any city of the second class may, by ordinance, dissolve City hall commis- any city hall commission heretofore created, and all duties hitherto performed by any such commission shall thenceforth devolve upon and be performed by the select and common councils of such city.

sions may be dissolved.

Ibid. § 10.

officers.

13. In lieu of any existing authority, the councils of any city of the second class shall have exclusive supervision of the official conduct of all city officers, and shall Supervision of city examine the grounds of all reasonable complaints made against any of them (with the exception of police officers), and shall cause all their violations and neglect of duty to be promptly punished or reported to the proper tribunal for correction; and for the purposes aforesaid, they are hereby authorized to issue subpoenas, attested by the president and clerks of councils, under the seal of the city, for the attendance of such witnesses as they may deem necessary: Provided always, That nothing in this section shall be deemed in any way to interfere with the power of the law courts over city officers: And provided further, That any citizen sustaining damage by reason of the acts of any city official, may institute proceedings in any of the law courts for redress of the injuries complained of.

14 June 1887 § 21. P. L. 395.

To have general supervision.

Ibid. § 25.

To make contracts

for advertising See amendment 13 Feb. 1895, P. L. 13, Supp. 2614.

Ibid. § 7. Certain police powers to vest in

II. The mayor.

14. The mayor shall have general supervision of all departments, with power to direct their officers within their duties under the laws and ordinances.

15. The mayor shall contract with three daily newspapers, one of which may be published in the German language, for such term as may be provided by ordinance of councils, for the publication of all ordinances, viewers' reports and proposals for public work and supplies, such contracts to be let to the lowest bidder, agate measure, per line, for each thousand of circulation, the basis of circulation to be the average daily circulation (exclusive of Sunday issues), of such newspapers, for the six months next preceding the month in which such advertisement may be published.

16. The police power of taking informations, making arrests and preservation of the peace, heretofore vested in the mayor, shall hereafter vest in the mayor and five police magistrates, all of whom shall not be of the same political party, to be the mayor and five appointed by the mayor, subject to the approval of the city councils, in such police magistrates. districts of the city as shall, by ordinance, be designated, whose term of office shall Appointments of be during good behavior, and until a successor be appointed and approved. The said magistrates shall each receive such salary as may be fixed by ordinance, and they shall pay into the city treasury all costs and fines received by them in the discharge of their duties as police magistrates, and make such reports as may be required by ordinance. (m)

magistrates. Salaries.

Costs and fines to be paid into city

treasury.

III. Executive departments.

17. All executive powers and duties of the several officers of the city shall be assigned, by ordinance, to the appropriate department herein provided for; and, when so assigned, all departments, bureaus and officers now existing shall be abolished.

(m) This section is unconstitutional. Pittsburgh's Petition, 138 P. S. 401.