posited and preserved therein all patents, deeds, leases, mortgages and other assur- 23 May 1889, art. 10, ances of title, and all contracts, bonds, books and other evidences of debt belonging $2. P. L. 277. to the city, unless the councils shall otherwise provide or direct. Charge of city tracts, &c. Represent the city. 126. The city solicitor shall prepare all bonds, obligations, contracts, leases, conveyances and assurances to which the city or any department thereof may be a party, as may be directed by resolution or ordinance; shall commence and To prepare conprosecute all and every suit or suits, action or actions, brought by the corporation for or on account of any of the estates, rights, trusts, privileges, claims or demands of the same, as well as defend all actions or suits against the said corporation or any officer thereof, wherein or whereby any of the estates, rights, privileges, trusts, ordinances or acts of the corporation, or any department thereof, may be brought in question before any court in this commonwealth; and shall do all and every professional act incident to the office which he may be lawfully authorized or required to do by the mayor, or by any ordinance or resolution of the said councils. He shall, whenever required, furnish the councils, the committees thereof, the mayor or the heads of departments, with his opinion in writing upon any question of law which may be submitted by either of them in their official capacities. Opinions. Ibid. § 4. 127. There shall be kept in the office of the city solicitor a city lien-docket, which shall be open to public inspection, and in which he shall cause to be To keep a city entered all claims for curbing, paving or re-paving sidewalks, assessments of lien docket. damages, and contributions for opening public streets, lanes and alleys, or parts thereof, for grading, paving and macadamizing the same, for water and lighting frontage tax, and water and lighting rates, sewerage, city taxes and other matters that may be the subject of claim on the part of the city, which have been or shall be returned to the solicitor as remaining due and unpaid after the period prescribed by law or ordinance for the payment of such claims; and it shall be the duty of the head of each department wherein any such claim shall originate, Heads of departto furnish to the city solicitor within the period prescribed by law or ordinance, ments to furnish a statement of all claims for curbing, paving, et cetera, which remain due or un- claims. paid, a certified copy of which the said heads of departments shall at the same [time] furnish to the city controller. Upon payment of any lien or other debt of Satisfaction of record due the city, to any person authorized to receive the same, it shall be the liens. duty of the city solicitor forthwith to enter satisfaction thereon. statements of Ibid. § 5. Monthly returns 128. The city solicitor shall, at least once in every month, make a return to the city controller, under oath or affirmation, of each item of moneys received by or through him or his assistants, by virtue of his office or on account of any mat- of moneys reters connected therewith, and immediately upon making such return he shall pay ceived. over the amount in his hands to the city treasurer. He shall in like manner pay into the city treasury all fees received by him in his official capacity, but this Also of fees. provision shall not be taken to include the judgment fee allowed him in his capacity of attorney under any act of assembly of this commonwealth. He shall Salary. receive a fixed annual salary to be provided by ordinance. XI. Board of health. 23 May 1889, art. 11, $1. P. L. 277. 129. The councils of any city of the third class may, by ordinance, create a board Board of health of health as herein provided, with the powers and duties herein enumerated. may be created. Ibid. § 2. formed. 130. The said board shall consist of five members, who shall serve without compensation, and none of whom shall be members of councils. At least two To consist of five of their number shall be reputable physicians of not less than two years' experi- members. ence in the practice of their profession. The board shall be appointed by dis- Qualifications. tricts to be fixed by councils, representing as equally as may be all portions of Districts to be the city, and shall serve for the term of five years from the first Monday of April succeeding their appointment. The mayor shall nominate, and by and with the Mayor to appoint. consent of the select council appoint the members of said board, and shall in like Removals. manner remove any or all of them for official misconduct or neglect of duty, and Vacancies. fill all vacancies for the unexpired term. At the first appointment the mayor shall Term of appointees. designate one of the members to serve for one year, one to serve for two years, one to serve for three years, one to serve for four years and one to serve for five years, and thereafter one member of said board shall be appointed annually to serve for Regular term. the term of five years. Ibid. § 3. Members to be 131. The members of the board shall severally take and subscribe the oath herein prescribed for city officers, and shall annually organize by the choice of one of their number as president. They shall elect a secretary, not of their sworn. body, who shall keep the minutes of their proceedings and perform such other To organize duties as may be directed by the board, and a health officer, who shall execute annually. the orders of the board, and for that purpose the said health officer shall have Secretary and his and exercise the powers and authority of a policeman of the city. The secretary Health officer and and health officer shall receive such salary as may be fixed by the board, and shall his duties. hold their offices during the pleasure of the board. They shall severally give bond Salaries. to the city in such sums as may be fixed by ordinance, for the faithful discharge of Bonds. their duties, and shall also take and subscribe the oath required of members of the duties. Fees to be paid into treasury. President and 23 May 1889, art. 11, board. All fees which shall be collected or received by the board, or by any officer § 8. P. L. 277. thereof in his official capacity, shall be paid over into the city treasury monthly, together with all penalties which shall be recovered for the violation of any regulation of the board. The president and secretary shall have full power to administer oaths or affirmations in any proceeding or investigation touching the regulations of the board, but shall not be entitled to receive any fee therefor. secretary authorized to administer oaths. Ibid. § 4. 132. The said board of health shall have power and it shall be their duty to make and enforce all needful rules and regulations to prevent the introduction Powers and duties and spread of infectious or contagious diseases by the regulation of intercourse as to infectious diseases. Ibid. May establish hospitals. Physicians and sanitary agents. Duties of all practicing physicians to report. Ibid. § 5. Abatement of nuisances. Costs and expenses. Ibid. § 6. Registration of marriages, births and deaths. Ibid. Rules and regula tions. Penalties, &c., to be paid into treasury. Ibid. § 7. Estimates of probable receipts Appropriations. Copies for state board of health. 13 May 1889 § 1. P. L. 192. Additional powers of cities of the third class. with infected places, by the arrest, separation and treatment of infected persons, and persons who shall have been exposed to any infectious or contagious disease, and by abating and removing all nuisances which they shall deem prejudicial to the public health; to enforce vaccination, to mark infected houses or places, to prescribe rules for the construction and maintenance of house drains, waste and soil pipes and cesspools, and to make all such other regulations as they shall deem necessary for the preservation of the public health. 133. They shall also have power, with the consent of councils, in case of the prevalence or apprehended prevalence of any contagious or infectious disease, within the city, to establish one or more hospitals and to make provisions and regulations for the management of the same. The board may in such cases appoint as many ward or district physicians and other sanitary agents as they may deem necessary, whose salaries shall be fixed by the board before their appointment. It shall be the duty of all physicians practising within the city to report to the secretary of the said board of health the names and residences of all persons coming under their professional care afflicted with such contagious or infectious diseases, in the manner directed by the said board. 134. The said board of health shall have power, as a body or by committee, as well as the health officer, together with his subordinates, assistants and workmen, under and by order of the said board, to enter at any time upon any premises in the city upon which there is suspected to be any infectious or contagious disease, or nuisance detrimental to the public health, for the purpose of examining and abating the same; and all written orders for the removal of nuisances issued to the said health officer by order of said board, attested by the secretary, shall be executed by him and his subordinates and workmen, and the costs and expenses thereof shall be recoverable from the owner or owners of the premises from which the nuisance shall be removed, or from any person or persons causing or maintaining the same, in the manner herein provided. 135. The said board of health shall have power to create and maintain a complete and accurate system for the registration of all marriages, births and deaths, which may occur within the city, and to compel obedience to the same upon the part of all physicians and other medical practitioners, clergymen, magistrates, undertakers, sextons and all other persons from whom information for such purposes may properly be required. 136. The board shall make, and cause to be published, all necessary rules and regulations for carrying into effect the powers and functions with which they are hereby invested, which rules and regulations, when approved by the mayor, shall have the force of ordinances of the city, and all penalties for the violation thereof, as well as expenses necessarily incurred in carrying the same into effect, shall be recoverable for the use of the city, in the same manner as penalties for the violation of city ordinances, subject to the like limitation as to the amount thereof. 137. It shall be the duty of the board of health to submit annually to councils, before the commencement of the fiscal year, an estimate of the probable receipts and expenditures of the board during the ensuing year, and councils shall then proceed to make such appropriation thereto as they shall deem necessary; and the said board shall, in the month of January of each year, submit a report in writing to councils of its operations for the preceding year, with the necessary statistics thereof, together with such other information or suggestions relative to the sanitary condition and requirements of the city as it may deem proper, and councils shall publish the same in their official journal. It shall also be the duty of the board to communicate to the state board of health copies of all its reports and publications, together with such sanitary information as may from time to time be required by said state board. XII. Department of charities. 138. Cities of the third class, and other cities containing less than ten thousand inhabitants coming within the provisions of an act of assembly entitled, " An act dividing the cities of this state into three classes, regulating the passage of ordinances, providing for contracts for supplies and work for said cities, authorizing the increase of indebtedness and the creation of a sinking fund to redeem the same, defining and punishing certain offences in all of said cities, and providing for the incorporation and government of cities of the third class," approved the twenty-third day of May, Anno Domini one thousand eight hundred and seventy four, in addition to the other powers conferred in said act, are authorized and em- 18 May 1889 § 1. powered to enact ordinances for the following purposes: P. L. 192. 139. First. To create a department for the purpose of administering charity Ibid. and for support of the poor, and such department shall have the care, manage- Establish department, administration and supervision of the charities, almshouses, poorhouses ment of charities and the relief of the poor of said city, subject, however, to the control of the and poor. councils. 140. Second. To levy a tax annually, not exceeding ten mills on the dollar, Ibid. on all persons and property taxable by each of said cities for city purposes, for the support of said department. Tax for its sup port. Ibid. May create neces 141. Third. To create any office which may be deemed necessary by any such city for the proper government, support and management of said department, to regulate and prescribe the powers, duties and compensation of all such officers, and to require of each of them bonds with sufficient security, conditioned for the Prescribe duties faithful performance of his duties. 142. This act shall not repeal any special or local law relating to public charities in the poor affairs in any of the cities aforesaid. sary offices. XIII. Common schools. 16 June 1891. P. L. 806. stitute one school 143. Each of said cities of the third class shall constitute one school district, to be termed the school district, and all the property therein shall be the common property of said district; and the members of the board of school Each city of the controllers for the time being shall have power to levy and collect taxes, and third class to conthe same rights and powers in relation to real and personal property as is now district. by law conferred upon the school directors of the several districts of this com- Powers of conmonwealth, and they shall govern and manage the public schools in the manner trollers. now provided by law for the maintenance of a system of education by common schools. board. Ibid. 144. The qualified voters of each ward of each of said cities on the third Tuesday in February next succeeding the issuing of letters-patent to said city shall Election of conelect two members of the board of school controllers of said district, one to serve trollers. for the period of two years, and one to serve for the period of four years, and every two years thereafter the qualified voters of each of said wards shall elect one person to serve for the term of four years; and all vacancies which may happen in the said board as hereby constituted, shall be filled in the manner as is now provided by law for vacancies in school boards; the said board of controllers shall an- Organization of nually, on the Tuesday succeeding the municipal election, meet and organize by choosing a president and secretary, who shall be members of the board; and in case of any vacancy in any of said offices by death, resignation or otherwise, such vacancy shall be forthwith filled by said board of control for the remainder of the How members to school year; the secretary to receive such salary as the board may determine: be voted for. Provided, That in all cases where two members of said board are required to be elected to serve for the same term, each of the said qualified voters shall vote for one person as a member of said board of school controllers for said term, and the two persons having the highest number of votes shall be declared to be elected; and when a vacancy or vacancies shall occur in the office of school controller, by death, resignation, or in any other manner than by the expiration of the term for which any school controller shall be elected, so that more than two school controllers must be elected at the succeeding municipal election in any ward of said city, the qualified voters of such ward, in addition to the one school controller to be voted for by each elector to serve for four years, shall vote for one person to fill each of such unexpired terms by designating upon the ticket to be voted the number of years for which such school controller is elected, and each elector shall vote for but one person to fill such unexpired term; and if there be two vacancies for the same term, then the two candidates having the highest number of votes shall be declared elected; and if there should be but one vacancy for any unexpired term, then the candidate having the highest number of votes for said term shall be declared elected: Provided further, That in said cities of fifteen wards or more, Election in cities each ward shall elect but one controller; those elected from even numbered wards wards. at said first election to serve for two years, and those from odd numbered wards for four years; thereafter, every two years, alternately, they shall elect one each to serve for four years: Provided further, That none of the provisions of this act shall be applicable to the election of directors or controllers of the public schools, Not to apply to cities constituting to the organization of the school board, to the election of school treasurer or of any a single district. other officer of said board, to the receiving and collection of school taxes in any city of the third class constituting one school district; but the said district shall be governed by laws heretofore enacted, applicable to the same, if the acceptance of this act, required by the fifty-seventh section hereof, shall be accompanied by a certificate from the school district, signed by the proper officers thereof, expressing its desire to retain the laws governing it independent of this statute, otherwise this act shall govern the same: And provided further, That it shall be lawful for such board, in its discretion, by a vote of its members as aforesaid, from time to time, to accept of fifteen or more 16 June 1891. P. L. 306. Ibid. § 2. Effect of act as to repeal. 11 June 1885 § 1. P. L. 108. Member prohib ited from holding the office of secre tary. Ibid. § 2. Payment of persons employed contrary to act. 25 June 1885. P. L. 173. any of the provisions of this act regulating school matters, and after such acceptance, duly recorded on the minutes of said board, said provision so accepted shall be the law of such district.(g) 145. This act shall not operate to repeal any act or part of an act heretofore passed, except in so far as the same may affect the representation in boards of school controllers in cities of the third class. 146. It shall not be lawful for any director or member of the board of school control, in any city of the third class, within this commonwealth, to hold the office of secretary of said board, or to be employed by said board, while a member thereof, in any capacity in which there is any compensation attached. 147. Any officer wilfully drawing any warrant, or passing any voucher, for the payment of any person elected, or employed contrary to the provisions of section one of this act, shall be guilty of a misdemeanor, and on conviction thereof be punished by a fine not exceeding one thousand dollars, and imprisonment not exceeding one year, or both, or either, at the discretion of the court. 148. Every secretary of the board of school control, in cities of the third class within this commonwealth, shall be required, before entering upon his duties, to Secretary to give give a bond, with two approved sureties, in the sum of two thousand dollars, conditioned for the faithful performance of the duties of the office and the proper accounting for all money, books and vouchers that may come into his possession. bond. 28 May 1889, art. 12, § 1. P. L. 277. Purchase of property and franchises of water, gas or electric light companies. Power to take XIV. Water and lighting department. 149. The councils of any city of the third class are hereby authorized and empowered to purchase, for such price as may be agreed upon by the councils of the city and a majority of the stockholders of the company, all the real, personal and mixed estate of any water, gas or electric light company or companies in such city, or adjacent thereto, and thereupon the said city shall possess and exercise all the rights, powers, privileges and franchises by law belonging or pertaining to such company or companies, and may take and appropriate any stream or streams of water, spring or springs, lands, tenements, hereditaments, streams and lands. property and materials, near or accessible to such city, which may be necessary for the erection and maintenance of water, gas or electric light works, and for the supplying of said city with water or light, and may enter into and upon any lands, enclosures, streets or highways to procure materials for the construction of said works, doing as little damage as possible to property, and making compensation to the owner or owners of all species of property taken, appropriated or injured by them for the purposes aforesaid, as herein provided; but the powers Powers to be exer- granted by this section shall not be exercised by councils until authority so to do cised only after an shall have been given them by a majority of the voters of such city, at a special election held for that purpose, of which election the mayor shall give notice as provided for municipal elections. May enter upon lands and take materials. Compensation. election. Ibid. § 2. established. 150. Any city which now has the title to any water, gas or electric light Water and lighting Works, by conveyance to the same in its corporate name, or which may hereafter departments to be erect or purchase water, gas or electric light works under the provisions of this act, are hereby empowered to create a department to be called the water and lighting department, and for the organization and government of the same the councils are hereby authorized and empowered to divide the city into three districts for the election of a board of commissioners, which districts shall be numbered one, two and three; one commissioner to be chosen from each respecCommissioners to tive district, of which he shall be a resident at the time of his election, and no member of councils, or person holding any city office, shall be eligible as a member of said board. Districts to be formed. be elected. Ibid. § 3. Election of commissioners by councils. Term. Ibid. § 4. Compensation. To be sworn. Removals. 151. The councils of such city creating such department as aforesaid, may on the second Monday of April, or within thirty days thereafter, in joint convention, elect one person from each of said districts, as a member of the board of commissioners of the water and lighting department; and at the first election each member of councils shall vote for but two commissioners, and the three persons, being one from each of said districts, having the highest number of votes shall be declared elected. The commissioners so elected shall serve for the term of one, two and three years respectively, to be computed from the date of election, and until their successors are duly elected and qualified. The term of each shall be determined by lot at the first meeting of the board, and thereafter on the second Monday of April of each year, or within thirty days thereafter, the councils shall, in joint convention, elect one commissioner to serve for the term of three years. 152. The members of the board of commissioners created as aforesaid, shall receive such compensation for their services as may be provided by ordinance. Before entering upon their respective duties they shall take and subscribe the oath herein prescribed for city officers, and they shall be removable by councils for mis (g) This is an amendment of § 41 of the act 23 May 1874, P. L. 254, 139, 140. The act 23 May 1889, P. L. 274, was held to be wholly unconstitutional and void in Commonwealth v. Reynolds, 137 P. S. 390. demeanor in office or neglect of duty; and all vacancies occurring in the board 23 May 1889, art. 12, shall be filled by councils for the unexpired term. $4. P. L. 277. Ibid. § 5. 153. It shall be the duty of the board to take charge of the water and light works. ing department so created as aforesaid, and by their sole authority to employ Their powers and and dismiss at pleasure a superintendent and a clerk, who shall be secretary of duties. the board, whose compensation shall be fixed by councils, and to employ such Superintendent. laborers, mechanics and workmen as they may deem necessary for the economi- Clerk, his duties cal and efficient administration of said department. They shall purchase such and compensation. materials and supplies as may be required for keeping the works in good repair, Supervision of and have charge and control of all constructions, repairs, enlargements and extensions of the works, and shall conduct and manage the affairs and business of the department in accordance with law and the directions of the city councils. 154. The said board of commissioners so created shall, whenever called upon by councils, make and submit to them full estimates of the cost, charges and expenses of any new work, enlargement, extension of water or lighting supply, improvements. or alteration which councils may contemplate making relative to said works; and said board may, at any time, submit to councils any suggestions and estimates Suggestions as to they may see proper to make touching the improvement, extension or enlarge- improvements. ment of said works, but no new construction, reconstruction, extension, supply of water or light, or enlargement of said works shall be undertaken by said without consent No improvements commissioners so created, or materials or supplies be purchased therefor, with- of councils. out the previous consent and direction of councils. Ibid. § 6. Estimates of Ibid. § 7. Extension of 155. Whenever an extension of a supply of water or light to portions of the city not previously supplied shall be made by the said commissioners so created, they shall make out a full statement of the number of feet of main pipes laid or pipes. extended through any of the streets of the city in which main pipes were not laid before the said extension, and shall file the same in the department; and it shall be the duty of the clerk of said department, forthwith, on receipt of said statement to make out a list of all owners of houses, lots and buildings on each Rates per foot to be charged against side of the street through which said pipes are extended, and to charge said owners. owners, and each of them, for each and every house, lot or building so situated in said streets, at such rate per foot as the city councils may by ordinance fix, for said mains extending along the front of their respective houses, lots and buildings: Provided, That nothing herein contained shall be construed to prevent made at cost of the councils from providing for the payment of water and gas pipes by the city. Extension may be city. Ibid. § 8. Allowance to 156. Said charge shall be called the frontage water tax, or lighting tax, as the case may be, and shall be collected and recovered in the manner provided by this act for the recovery of municipal claims. And whenever any pipes for Collection of the conveyance of water or light shall be laid in any of the streets or highways frontage water and light tax. within such city, the owners of the ground in front of which the same shall be laid shall pay for the expenses thereof such sum for each foot of the front of their Owners to pay. ground upon such street as the city councils may by ordinance direct: Provided, That in all corner lots an allowance shall be made of one-third (†) the length of their front, but such allowance shall be always and only on the street or highway having the longest front, and in case both fronts are of equal dimen- owner of corner sions, the allowance shall be made in the street in which the pipes shall be last lots. laid, but in no case shall the allowance exceed sixty (60) feet on any corner lot: And provided further, That when a corner lot shall have erected upon it two or more separate tenements, there shall only be an allowance made equal to onethird (3) of the depth of the corner tenement and the yard adjoining: And provided also, That the provisions of this and the foregoing section shall not apply to Not to apply to any lot or piece of ground in such city upon which there may be a supply of water lots. or gas obtained from any other source whatever; but if at any time the owner of such lot or piece of ground shall desire to obtain a supply of water or gas from the works of such city, then and in that case, the provisions of this section shall first be complied with. 157. The said commissioners so created shall have power by and with the approval of councils to fix the water and lighting rates, and the quantity to be used, and for that purpose they shall, on the first Monday of March in each year, establish the rates for the succeeding year, which rates shall be submitted by them to councils for their approval, and, when approved, such rates shall not be changed for and during the year, but if not approved, the existing rates shall continue until modified by the commissioners, with the approval of councils. owners of certain Ibid. § 9. Water and lighting rates. Ibid. § 10. owners of real 158. The city councils shall provide by ordinance for the collection of all the lighting and water rates that may accrue from time to time, to the said city, for Collection. the use of the water or light, fixing the time when such rates shall be payable, and the penalties for non-payment thereof; and such rates shall be charged to To be charged to the respective owners of the real estate on which such water or light is used, estate. and if the same shall not be paid in accordance with the provisions of such Registration as a ordinance, claims for the amounts due shall be registered in the city lien docket, lien. in the same manner as is herein provided in the case of unpaid city taxes on real estate, with the like force and effect as to the lien thereof. 159. The said commissioners created as aforesaid shall, annually, at a stated Ibid. § 11. |