damages to be awarded.

26 June 1895. cities, wherein such poorhouses are located, nominal damages When nominal only shall be awarded for such taking, and the lands shall be held on condition that such cities shall continue to make such adequate provisions for the poor of such districts, wards or townships.1

Id. § 2.

assessing dam

3. Whenever any of said cities, in the exercise of the right Proceedings for so conferred, has heretofore acquired, taken, used or approages for appropriated, or shall hereafter acquire, take, use or appropriate vate property, private property for public park purposes, and said city canfor public park not agree with the owner or owners, lessee or lessees of such

priation of pri

purposes.

Petition to

court of common pleas.

Appointment of viewers.

Time of meeting.

Notice of

meeting, how to be given.

Viewers to be sworn.

To estimate quantity and value of property taken.

private property upon the compensation for the property appropriated and the damages done, or when by reason of the absence or legal incapacity of any such owner or owners, lessee or lessees, no such compensation can be agreed upon, the court of common pleas of the proper county, or any judge thereof in vacation, on application thereto by petition by said city, or such owner, lessee or any person interested, shall appoint three discreet, disinterested freeholders of said city as viewers to view and ascertain the damages done by reason of such taking, use, appropriation, occupancy or injury, and shall appoint a time, not less than twenty, nor more than thirty days thereafter, for said viewers to meet at or upon the premises where the damages are alleged to be sustained, or the property taken, of which time and place ten days' notice shall be given by the petitioner to said viewers and all parties interested by personal service when such service can be obtained, otherwise by publication in one or more newspapers, and by handbills posted on the premises, or in such other manner that said court shall direct.

4. The said viewers or any two of them having been duly sworn or affirmed faithfully, justly and impartially to decide and a true report make concerning all matters and things to be submitted to them, and in relation to which they are authorized to inquire into in pursuance of the provisions of this act, and having viewed the premises or examined the property, shall estimate and determine the quantity, quality and value of the land or property so entered upon, taken, used, appropriated or injured, as the case may be, and having a due regard to and making just allowance for the advantages which may have resulted, or which may seem likely to result, to the

The section amended as above by Acts of May 11, 1901, P. L. 187, and April 25, 1903. P. L. 316. See as to date of appropriation of lands, Shields v. Pittsburgh. 201 Pa. 328. The Act of June 26, 1895, P. L. 331, authorizes school boards in cities and boroughs to permit the use of school grounds for public park and recreation purposes, and such boards, as well as the city or borough authorities. to lease grounds for the same purpose from corporations, societies, associations or individuals. Another act of the same date, P. L. 332, confers upon municipalities authority to appropriate public grounds for

the use of the state national guard (apparently for temporary occupation merely). By the Act of June 4, 1901, P. L. 424, councils of cities of the third class are authorized to sell or lease the coal under any public park or common owned by the city and apply the proceeds to the improving, policing and lighting said park or common. The supplement of April 16, 1903, P. L. 215, prescribes the mode of application of the surplus, and authorizes the issue of park improvement bonds for payment of the cost of the improve-ment.

and disad

owner or owners of said land or property in consequence of 26 June 1895. the making, enlarging or extending of such public park, and after having made a fair and just comparison of said advan- To consider tages and disadvantages they shall estimate and determine advantages whether any, and, if any, what amount of damages has been vantages. or may be sustained, and to whom payable, and make report Report of thereof to said court. If any damages be awarded and the viewers. report of said viewers be confirmed by said court, judgment Confirmation shall be entered thereon, and if the amount thereof be not paid thereon. within thirty days after the entry of such judgment, said Collection of judgment shall be collected by due legal process as other judgments are collected from said city.

and judgment

amount

awarded.

report.

5. Upon the report of said viewers, or any two of them, Appeal from any party who may, within twenty days thereafter, file an appeal from said report to said court in writing, and accompanied with an affidavit that the same is not taken for the pur- Affidavit. pose of delay, but because the affiant firmly believes that injustice has been done, and after such appeal either party may put the cause at issue in the form directed by said court, and Issue to be the same shall be tried by said court and a jury, and after tried by jury. final judgment either party may appeal to the superior or su- Appeal to preme court under the provisions and in the manner pre- higher court. scribed in other cases.

formed and

mon pleas to

6. The said court of common pleas shall have power to or- Court of comder what notices shall be given in connection with any of the make orders as proceedings, and may make all such orders as it may deem to notices, etc. requisite. The costs incurred in the proceedings aforesaid Costs to be shall be defrayed by said city, and each of the viewers shall be paid by city. entitled to receive a sum not exceeding five dollars per day, Compensation or such compensation as shall be decided upon by the proper court, not exceeding five dollars per day, for every day necessarily employed in the performance of their duties.1

of viewers.

§ 1. P. L. 429.

city trusts on

councils, in

7. Whenever any property or estate, whatsoever, has been 4 June 1901. bequeathed or devised to any municipal corporation of this Court to apcommonwealth in trust, for the purpose of establishing or point board of maintaining a public park for the use and benefit of the citi. directors of zens of such municipality, it shall be lawful for, and the judge petition of or judges of the court of common pleas of the county in certain cases. which such municipal corporation is located, is or are, on petition of the councils of said municipal corporation, hereby directed, to appoint five persons as directors of city trusts, all of whom shall be citizens of such municipality, and none of whom shall hold any office or employment thereunder, who shall exercise and discharge all the duties and powers of said Powers and city, however acquired, concerning such property bequeathed, devised or appropriated to such charitable use, to the extent that the same has been, or hereafter may be, by statute or

1 Section 2 of the act in the text amended as above by the Act of July 15, 1897, P. L. 273. The latter appears to be a sub

duties.

stitute for the Act of June 8, 1895, P. L. 188, which applied exclusively to cases thereafter arising.

4 June 1901. otherwise, vested in or delegated to the said city or the officers thereof.

Id. § 2. Term of service.

Removal.

Vacancies.

Id. § 3. Duties of board.

Id. § 4.

out compensa.

tion.

8. That the persons so appointed shall serve as members of the board of directors of city trusts during good behavior, subject, however, to removal by the said judge or judges of the court of common pleas for dereliction or neglect of duty, or for any other cause deemed by the said court to be important for the conservation of the said trusts thus imposed upon them. All vacancies shall be, from time to time, filled by the said court, on petition of the councils of said city, or any of its citizens.

9. It shall be the duty of the said directors of trusts to carefully invest and preserve the trust funds, and they shall have power to make such rules and by-laws for the proper regulation of their business not inconsistent with the terms annexed to any bequest or devise in the last will and testament of any decedent, and they shall have power to appoint and employ as many agents and employees as in their judgment shall be necessary for the proper discharge of the said trust or trusts, and in the name and in accordance with the conditions of said trusts to do any and all things requisite for the proper administration and management of the property under their control.

10. The said directors, in the discharge of their duties and To serve with Within the scope of their powers aforesaid, shall be considered. agents or officers of said city, but no compensation or emolument whatever shall be received by them for any services performed relating to the said trusts, nor shall any of them have or acquire any personal interest in any contract whatever made through them or their agents or employees.

Id. § 5. Application of act.

11. The provisions of this act shall not apply to or in any manner affect cities of the first or second classes.

Railroads.

I. LOCATION OF RAILROADS. 1. Municipal authorities may contract with railroad companies with respect to change of location or grade. Proviso.

2. Railroad companies may elevate or depress their lines over or under the streets of cities. Consent of councils to be first obtained. Conditions imposed by councils to be binding on companies.

9 June 1874.

§ 1. P. L. 282.

Municipal au

II. TRESPASS UPON RAILROAD
TRAINS, ETC.

3. Trespassing upon railroad cars or trains. Penalty. Committal of offenders.

4. Summary conviction before magistrate. In default of payment of fine and costs, defendant to be committed.

5. Penalty for obstruction of street crossings by railroads. One-half of fine to go to informer. Proviso.

I. Location of Railroads.

1. That the proper authorities of any county, city, town or township of this state, respectively, be and they are hereby thorities may authorized and empowered to enter into contracts with any of the railroad companies whose roads enter their limits, respectively, whereby the said railroad companies may rechange of loca- locate, change or elevate their railroads within said limits, or tion or grade. either of them, in such manner as in the judgment of such au

contract with railroad companies with respect to

thorities, respectively, may be best adapted to secure the safe-9 June 1874. ty of lives and property, and promote the interest of said county, city town or township; and for that purpose the said authorities shall have power to do all such acts as may be necessary and proper to effectually carry out such contracts; and any such contracts made by any railroad company cr companies as aforesaid with said authorities, or either of them, are hereby fully ratified and confirmed; Provided, Proviso. That nothing in this proviso contained shall affect any contract made, or hereafter to be made, with any railroad company, from [for] apportioning the expenses of altering and adjusting the grades of existing railroads and intersecting streets in any city or borough, so as to dispense with grade crossings.1

panies may

press their

under the

cities. Consent of

2. The railroad companies now or hereafter incorporated 31 May 1887. under the laws of this commonwealth, whose route extends 1. P. L. 275. through or into any city of this commonwealth, may elevate Railroad comor depress the whole or any part of so much of the line of their elevate or derailroad as lies within the corporate limits of such city, over lines over or or under the surface of the streets of such city; Provided, streets of That the consent of said city, through its councils, to such elevation or depression be first had and obtained; And provided Comes to be also, That any conditions imposed by ordinance granting first obtained. such consent, regulating or restricting the carriage of freight, Conditions imor as to route, manner of construction, motive power to be cils to be bindused, and charges for the conveyance of passengers, shall be ing on comvalid and binding upon such railroad company so accepting the same.2

II. Trespass Upon Railroad Trains, etc.

posed by coun

panies.

11 June 1879.

3. Any person found entering, or being in or upon any 3 1. P. L. 152. railroad engine or car, whether the same be passenger, freight, Trespassing coal or other car, on any railroad in any city or county in this upon railroad

Municipal consent is necessary to the original occupation of a public street by a railroad company, unless the charter of the latter contains express or implied authority for such occupation. But the municipality cannot, without legislative sanction, legalize the operation and maintenance on such street of a railroad not possessing a grant or franchise authorizing it to exercise that right. Philadelphia v. River Front R. R. Company, 173 Pa. 334. Municipal consent, it seems, is not required to empower a railroad company to construct its road across streets which are merely plotted and not actually opened. Penna. Schuylkill Valley R. R. Company v. Philadelphia & Reading R. R. Company, 160 Id. 277.

2 The purpose of this act is to avoid grade crossings; it applies only to steam railroads, and not to elevated street passenger railways, there being no statute of

cars or trains.

this state authorizing the incorporation of the latter. Potts. v. Elevated R. R. Company, 161 Pa. 396. See the Act of June 7, 1901, P. L. 531, "relating to railroad crossings of highways, and for the regulation, alteration and abolition of grade crossings, except in cities of the first and second classes," under the provisions of which grade crossings are prohibited unless by authority of the court of common pleas, invoked under the form of proceedings prescribed in the act. The statute is prospective in its operation. The Act of April 22, 1905, P. L. 295, authorizes the vacation of public highways at grade crossings over railroads, and the opening of undergrade or overgrade crossings in lieu thereof, and the Act of May 4. 1905, P. L. 380, empowers railroads to relocate bridges belonging to bridge companies, to accommodate the location or construction of their roads.

Penalty.

11 June 1879. commonwealth, contrary to the rules of the person or persons or corporation owning or operating the same, and with the intention of being in or upon, riding or traveling upon such engine or car without paying fare, or committing larceny, violence or destruction thereon, or of threatening, intimidating or assaulting travelers or other persons upon such engine or cars, shall, upon conviction, forfeit and pay a penalty of not less than five dollars or more than fifteen dollars, which penalty shall be paid to the treasurer of the school district in which said offense was committed, for the use of said district, or be committed to the county jail of said county for a period not exceeding ten days, either or both, at the discretion of the magistrate; and in default of payment of fine, as aforesaid, and costs, then the said alderman, magistrate or justice of the peace shall commit the person so convicted to the jail of the county wherein the offense was committed, for a further period not exceeding ten days.1

Committal of offenders.

24 May 1878.

§ 2. P. L. 125.

viction before

magistrate.

4. Any constable or police officer having knowledge, or being notified of any violation of this act, shall forthwith arrest Summary con- such offender, and take him before any magistrate, alderman, or justice of the peace; or any such magistrate, alderman or justice of the peace shall issue a warrant or capias for the arrest of any such offender upon information duly made on oath or affirmation; and said magistrate, alderman or justice, upon the person charged being produced before him, shall forthwith proceed to hear and determine the matter in issue, and if he shall convict the person so charged with the violation of the provisions of this act, he shall proceed to pronounce the forfeiture of the penalty which he shall adjudge against the person so convicted, and shall commit the person so convicted to the county jail of the proper county for the period aforesaid, and if the person so convicted refuse or neglect to pay such penalty and costs immediately, then the said magistrate, alderman or justice shall commit the person so convicted to the jail of the county wherein the offense was committed for a further period not exceeding ten days.

In default of fine and costs, be committed.

payment of

defendant to

20 March 1845.

Penalty for ob struction of street crossings by railroads.

5. It shall not be lawful for any railroad company2 to § 1. P. L. 191 block up the passage of any crossings of public streets or roads, or obstruct the said crossings with their locomotives or cars; and if any engineer or other agent of any such railroad company shall obstruct or block up such crossings, he or they shall be subject to a penalty of twenty-five dollars, to be recovered, with costs, in the name of the commonwealth of

1 This act is a substitute for, and repeal of the first section of the Act of May 24, 1878, P. L. 125. The third section of the latter act expressly repeals all acts supplied thereby. By the Act of May 23, 1877. P. L. 177, breaking into railroad cars is constituted a felony, as is likewise, by the Act of June 10, 1901, P. L. 555, the malicious removal of packing from journal boxes.

2 This act applies to all railroad companies, whether incorporated before or after its passage. Pennsylvania R. R. Company v. Kelly. 31 Pa. 372. The obstruction of private roads or crossing places by railroad companies, after notice, is also made a finable offence by sec. 2 of the Act of April 12. 1851, P. L. 518. See Simon v. Railroad Company, 173 Pa. 517.