given. Date of increase of indebtedness, they shall give notice, during at 20 April 1874. least thirty days, by weekly advertisements in the newspapers, Notice to be not exceeding three in said district, and if no newspaper be published therein, by at least twenty printed handbills posted in the most public parts thereof, of an election to be held at election. the place or places of holding the municipal elections in said. district or municipality, on a day to be by them fixed, for the purpose of obtaining the assent of the electors thereof to such increase of indebtedness.1 notice. to be held. ducting elec 7. Said notice shall contain a statement of the amount of Form of the last assessed valuation, of the amount of the existing debt, of the amount and percentage of the proposed increase, and for [of] the purposes for which the indebtedness is to be increased. Such election shall be held at the place, time and un- Where election der the same regulations as provided by law for the holding of municipal elections; and it shall be the duty of the inspectors and judges of such elections to receive tickets, either Mode of conwritten or printed, from electors qualified under the constitu- tion. tion of this state to vote in such district, labeled on the outside, "increase the debt," and containing in the inside the Tickets. words, "no increase of debt," or "debt may be increased," also briefly the purpose and amount of increase, and to deposit said tickets in a box provided for that purpose, as is provided by law in regard to other tickets received at said election; and the tickets so received shall be counted, and a return thereof Returns. made to the clerk of the court of quarter sessions of the proper county, duly certified, as is required by law, together with a certified copy of the ordinance and the advertisement; and the said clerk shall make a record of the same, and fur- To be renish a certified copy thereof, under seal, showing the result, to the corporate authorities of such municipality, and the same shall be placed of record upon the minutes thereof. The corporate authorities of such municipality shall in all cases fix the time of holding such election on the day of the municipal When election or of the general election, unless more than ninety days elapse between the date of the ordinance or vote desiring such increase, and the day of holding the said municipal or general election. If any other day be fixed for such election, the expense of holding the same shall be paid by the municipality for the benefit of which it shall be held. In receiving and counting, and in making returns of the votes cast, the inspectors, judges and clerks of said election shall be governed by the General eleclaws of this commonwealth regulating municipal elections; be applicable. and the vote shall be counted by the court as is now provided by general laws governing municipal elections, and all the penalties of the said election laws, for the violation thereof, The question must be solely upon the increase of the debt; councils cannot introduce any other question into the issue. Bloomsburg Election, 4 Dist. R. 671. The Act of June 23, 1897, P. L. 201, validates municipal bonds issued pursuant to corded. to be held. Expenses. tion laws to a vote of the people in cases where notice of the election was not published in the newspapers of the district in the manner required by the provisions of the above section of the Act of 1874. 20 April 1874. are hereby extended to, and shall apply to the voters, inspectors, judges and clerks voting at, and in attendance upon the elections held under the provisions of this act.1 Id. § 4. On majority against increase, no to be held for one year. affirmative vote. 8. Whenever, by the returns of such election, it shall appear that there is a majority voting for "no increase of debt," such increase shall not be made, nor shall any other election other election upon the same subject be held in that municipality for one year2 from the date of such preceding election. If the return of such election shall show a majority voting that "debt may How increase be increased," the corporate authorities of the municipality to be made, on 'may increase the same to the amount named and specified in the notice given for the holding of such election, not exceeding seven per centum of the last assessed valuation of such municipality, in the manner and subject to all the requirements provided by the second section of this act for increasing indebtedness to an amount not exceeding two per centuni of the last assessed valuation, including the amount named in the sworn statement to be filed in the office of the clerk of the court of quarter sessions of the proper county; and they shall, before issuing any obligations therefor, assess and levy an annual tax, the collection whereof shall commence the first year after the said increase, which tax shall be equal to and sufficient for and applied exclusively to the payment of the interest and the principal of such debt, within a period not exceeding thirty years from the date of such increase; and the moneys arising from such tax shall be applied at such periods as the municipality may stipulate in such obligations, to the redemption at par of the said outstanding obligations, according to their terms.3 Annual tax to be levied. Id. 5. Indebtedness defined. Id. § 6. Annual statements to be published. 9. The word "indebtedness," used in this act, shall be deemed, held and taken to include all and all manner of debt, as well floating as funded, of the said municipality; and the net amount of such indebtedness shall be ascertained by deducting from the gross amount thereof the moneys in the treasury, all outstanding solvent debts, and all revenues applicable, within one year, to the payment of the same.* 10. The corporate authorities of every such municipality or district shall, at the end of their fiscal year, prepare and 1 The section so amended by Act of June 9, 1891, P. L. 252, as to construction of which see Barr v. Philadelphia, 191 Pa. 438; 8 Dist. R. 19. Municipal elections on the subject of increase of indebtedness are governed by this act, not by the subsequent election laws of June 19, 1891. P. L. 349, and June 10, 1893, P. L. 419. Evans v. Willistown Township, 168 Pa. 578. See the Act of May 25, 1897, P. L. 91, validating the increase of indebtedness of municipalities where the assent of the majority of the electors was obtained thereto according to the form of ballot provided for by the Acts of 1891 and 1893, at elections held under said acts. Other validating acts curing informalities in elections on the question of the increase of municipal debts are those of February 13, 1901, P. L. 8; April 19, 1901, P. L. 80; April 23, 1903, P. L. 282, and April 10, 1905, P. L. 123. 2 See Keppelman v. Reading, 14 Dist. R. 61. 3 The section so amended by Acts of April 18, 1895, P. L. 36, and May 11, 1897, P. L. 53. The former is constitutional. Sener v. Ephrata Borough, 176 Pa. 80. In ascertaining the constitutional limitation of indebtedness of a city, the amount of securities to the credit of the sinking fund is properly deductible from the aggregate debt. Brooke v. Philadel phia, 162 Pa. 123; Bruce v. Pittsburgh, 166 Id. 152. publish in at least two newspapers of said municipality, or of 20 April 1874. the county in which the same is situate, if so many be printed therein, a statement showing in detail the actual indebtedness, the amount of the funded debt, the amount of the floating debt thereof, the valuation of taxable property therein, the assets of the corporation, with the character and value thereof, and the date of maturity of the respective forms of funded debt thereof; and a neglect or failure so to do shall be a misdemeanor, punishable by fine not exceeding one thousand dollars.1 Art. XVIII., ing money to 11. Whenever by the constitution and laws of this com- 23 May 1889. monwealth any city of the third class shall be authorized to § 2. P. L. 331. increase its indebtedness by borrowing money on the faith. How ordinanand credit of said city, the proposed ordinance to effect the ces for borrowloan shall be introduced at a stated meeting of the common be passed. council, and the draft thereof published in at least two of the newspapers of the city, if so many be published therein, once a week for four weeks before the final consideration and passage thereof by the said common council; and at any stated meeting of the select council, held at least one week after the final consideration of such ordinance by the common council, the select council may consider and act upon the same; but the select council shall not originate any ordinance for borrowing money, and no loan shall be authorized except by the vote of two-thirds of the whole number of members of each Two-thirds council. The specific purpose or purposes for which the said vote required. loan is authorized shall be distinctly set out in the said ordi- loan to be nance, and the moneys received for said loan shall not be used for any purposes other than those so stated; and 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 vided for, to interest and also the principal of the said loan within thirty and principal. years.2 III. Refunding and Redemption of Indebtedness. Purpose of stated. Tax to be pro pay interest Art. XVIII., may be issued debtedness. 12. Any of the said cities of the third class may, in the 23 May 1889. manner prescribed by law, redeem its existing bonded indebt- § 3. P. L. 331. edness as fast as the same may become due and payable, by New bonds the issue of new bonds therefor, bearing interest, at a rate not for existing inexceeding six per centum per annum, redeemable in not less than five years, and payable at any time not exceeding thirty years from the date of issue thereof, at the option of the said Exemption of city. Said bonds shall be exempt from all taxation except for taxation. state purposes. bonds from 13. The existing indebtedness of any such municipality 20 April 1874. evidenced by outstanding bonds or certificates of indebtedness $ 7. P. L. 68. 1So amended by Act of April 12, 1875, P. L. 46. 2 This section supplies the provisions of sec. 59 of the Act of May 23, 1874, P. L. 270, taken in connection with those of sec. 11 of the same act, P. L. 234, prescribing the mode in which loan ordinances in cities of the third class shall be considered and passed. Reissue of bonds for ex edness. Funding of floating debt. 20 April 1874. heretofore issued, may be provided for as the same shall mature, by a re-issue of bonds or certificates of indebtedness isting indebt to the holders of said outstanding bonds or certificates, or by the issue and sale, at not less than par, of new bonds or certificates; and the present floating indebtedness of any such municipality may be funded by the issue and sale, at not less than par, of bonds or certificates of indebtedness, in sums not less than one hundred dollars each; Provided, That no such bonds or certificates shall be issued for a longer period than thirty years from the date thereof. And it shall be the duty of the proper corporate authorities of such municipality to provide for the payment of principal and interest of all such bonds in the manner pointed out in the fourth section of this 14 April 1881. 1. P. L. 10. Payment of existing indebtedness. Re-issue of bonds therefor. When bonds redeemable. To be exempt from local taxation. Proviso. 1 act. 14. In all cases where any county, city, borough, municipality or school district in this commonwealth has, by virtue of any general or special act of assembly, issued bonds or other interest-bearing evidences of indebtedness, with or without interest coupons attached, to secure any indebtedness of any such county, city, borough, municipality or school district which may have matured but remain unpaid and uncanceled, or are about to mature and become payable; or whenever any county, city, borough, municipality or school district shall have the option to redeem or pay any such bonds or interestbearing evidences of indebtedness; or whenever holders of any bonds or interest-bearing evidences of indebtedness of any county, city, borough, municipality or school district which may not have matured or become redeemable are willing to surrender the whole or any part of such issue of bonds or interest-bearing evidences of indebtedness, it shall be lawful for any such county, city, borough, municipality or school district, for the purpose of redeeming or paying off any or all of the bonds or other interest-bearing evidences of indebtedness payable, redeemable or offered for redemption as aforesaid, to issue and sell either registered or coupon bonds bearing interest at a rate not exceeding the rate the issue proposed to be refunded bears, and payable at any time not exceeding thirty years after the date thereof, and not exceeding in the aggregate the amount of the bonds or other evidences of indebtedness so redeemed or paid, and the said bonds so issued or sold in accordance with the provisions of this act shall be exempt from taxation except for state purposes; Provided, however, That all moneys for the redemption of the issue of bonds proposed to be refunded, placed in the sinking fund, if any, shall be first applied to the payment, as far as applicable, of the principal of such bonds, and the balance of such issue only shall be redeemed by the issue of new bonds.1 1 So amended by Act of March 1, 1899, P. L. 6, which also repealed the second section of the act, giving the former hold ers of bonds preference in exchange for the new issue (construed in Lloyd v. Altoona, 134 Pa. 545). Junk Shops. 1. Keepers, etc., of junk shops to make record of purchases of certain materials. 2. How record to be kept. To be open to police inspection. 3. Penalty for violation of act. 4. Purchase of junk, rope, scrap iron, etc., from minors or unknown persons prohibited. Penalty. § 1. P. L. 37. to make record of certain 1. From and after the passage of this act it shall be unlaw-11 April 1899. ful for any keeper, owner, proprietor or employe of any junk Keepers, etc., shop within any city within this commonwealth, or for any of junk shops owner, proprietor or employe of any second-hand store within of purchases any such city, to barter, purchase, exchange, buy or accept materials. from any person whatsoever, except plumbers holding licenses as such from such city, or the owner or owners of buildings from which the material is taken, any pipe, faucet, boilers, spigots, coils, or any other like material whatever, or to barter, purchase, exchange, buy, receive or accept any other second-hand goods, wares or merchandise of any kind or nature whatever, without providing and keeping books, and making therein at the time of such purchase, exchange, receiving or accepting, the entries hereinafter provided. Id. § 2. 2. Every owner of such junk shops and second-hand stores shall provide and constantly keep a book, in which shall be How record fairly written down in the English language, at the time of to be kept. every purchase of any such material, a description of all articles so purchased, the name and residence of the person from whom such purchase was made, and the day and hour of such purchase, and such books shall at all times be open to the in- To be open to spection of any and every member of the police and detective Police inspec forces of such city. tion. Id. § 3. violation of 3. Any person who shall violate, or neglect, fail or refusc to comply with all of the provisions of this act, or any of them, Penalty for shall for every offense, upon conviction before any court of act. competent jurisdiction, be subject to a fine of not less than twenty, nor more than five hundred dollars, and in default of payment thereof be imprisoned for a period not exceeding ninety days.1 § 1. P. L. 247. scrap, iron, known persons 4. If any person or persons shall, after the passage of this 5 May 1899. act, buy or receive from minors, knowing them to be such, or Purchase of from persons unknown to such person or persons so buying or junk, rope, receiving, or from persons pursuing no trade, labor or em- etc., from ployment for a livelihood, any junk, rope, scrap, iron, brass, minors or unlead, copper or other metal, such person or persons shall be prohibited. deemed guilty of a misdemeanor, and on conviction thereof in a court of quarter sessions of the proper county, shall be sentenced to pay a fine of not exceeding five hundred dollars, Penalty. or to undergo an imprisonment of not more than one year, or both, at the discretion of the court.2 This act is constitutional. Commonwealth v. Mintz, 19 Super. Ct. R. 283. This act held to be constitutional in Commonwealth v. Baxter, 23 Pa. O. C. R. 270. |