repaired, shall be situate, and file a lien therefor, or collect 16 May 1891. the same by action of assumpsit.1

Lien to be laid and collected.

Id. § 12.

alleys.

not to be

out consent of

22. Every municipality shall have a general plan of its' streets and alleys, including those which have been, or may General plan be, laid out but not opened; which plan shall be filed in the of streets and office of the engineer or other proper office of the municipal- Where to be ity, and all sub-divisions of property thereafter made shall filed. conform thereto. No streets or alleys, or parts thereof, laid Streets on plan out and confirmed, shall afterwards be altered without the altered withconsent of councils; and no map or plot of streets or alleys councils. shall be entered or recorded in any public office of the county plan not to be in which said municipality is situated until approved by recorded until councils. No person shall hereafter be entitled to recover any councils. damages for any buildings or improvements of any kind No damages to which shall or may be placed or constructed upon or within for buildings the lines of any located street or alley after the same shall plotted streets. have been located or ordained by councils.

approved by

be recoverable

erected on

cate unopened

23. The municipalities of the commonwealth shall have 21 March 1905. the power and authority to vacate, in whole or in part, all § 1. P. L. 46. streets, lanes and alleys within their corporate limits, laid Power to vaout by this commonwealth, whenever the same, or the por- streets. tion to be vacated, shall have remained unopened for a continuous period of thirty years next preceding such vacation.

24. In exercising the power aforesaid, all proceedings for the ascertaining of damages, and the assessment of benefits incident thereto, shall be as now provided for by law in reference to payment of costs, damages and expenses of public improvements within municipal corporations.

Id. § 2.

Proceedings.

§ 1. P. L. 453.

streets and

25. In addition to the present method provided by law for 12 June 1893. the payment and collection of the costs and expense of the Cost of paving permanent paving and improvement of any streets, alleys and and improving other highways, or parts thereof, by the cities of this com- highways. monwealth, said cities shall have power to ordain that said costs and expense may be paid and collected in accordance with the provisions of this act.

bonds may be

26. In order to provide for the payment of the cost and Id. § 2. expense of such improvements, the councils of the cities of Improvement this commonwealth may, from time to time, issue their bonds issued. in such sums as may be required, in all to an amount not exceeding the cost and expense of such improvement and interest thereon. Said bonds shall bear the name of the street or How desigalley to be improved. They shall be payable at a period not less than five years from the date of their issue, to be pro- Term of vided in the ordinance directing the improvement, and bear interest at a rate not exceeding six per centum per annum, Interest. payable semi-annually, on the first day of July and January.

1 See Pittsburgh v. Daly, 5 Super. Ct. R. 528; 41 W. N. C. 236; Erie v. School

nated.

bonds.

District, 17 Super. Ct. R. 33; Pittsburgh v. Biggert, 23 Id. 540.

12 June 1893. § 3.

When question

bonds to be

submitted to electors.

27. In all cases where it may be necessary to obtain the assent of the electors to an issue of bonds, the question of thus of issuance of increasing the city debt shall be so submitted to the electors that they shall have the opportunity of voting for or against the issue of bonds for the improvement of any particular street or alley, separately and apart from the question of increasing the city debt for the improvement of any other street or alley.

Id. § 4.

Bonds not to be negotiated

under par.

28. Said bonds shall be negotiated at not less than par, as other bonds of said cities are negotiated, and the proceeds thereof applied solely to the payment of the cost of said improvement. The contract price of the same and interest thereon to the first day when interest thereon is payable, shall Assessment on be taken as the cost of said improvement, to be assessed on the property benefited, according to existing laws in each of said cities.

property

benefited.

Id. § 5.

be entered of record.

To be first liens until

paid.

29. Such assessments shall be entered in the proper muniAssessments to cipal lien and judgment docket in the prothonotary's office; and shall, if filed within six months from the completion of the improvements, without the issuing of a scire facias to revive, remain a first lien upon the property assessed until fully paid, having precedence of all other liens except taxes, and shall not be divested by any judicial sale unless the payment of the same is provided for from the proceeds of such sale. The assessment shall state the name of the city claimant, the name of the owner or reputed owner, a reasonable description of the property, the amount claimed to be due, for what improvement the claim is made, and the time when the assessment was finally confirmed or made.

What record of assessment to contain.

Id. § 6.

be payable in installments.

30. Such assessment shall be payable at the city treasurer's Assessments to office in equal semi-annual installments, with interest at the rate provided in said bonds, from the date to which interest was computed on the amount of the assessments, or so much as remains unpaid from time to time, until all said assessments and interest are fully paid. The money so received by the city treasurer shall be applied to the sinking fund.

Proceeds to go to sinking fund.

Id. § 7.

On default, whole amount to be due.

How collectible.

Id. § 8.

Payments may be made in advance.

31. In case of default in the payment of any semi-annual installment of said assessment and interest for a period of sixty days after the same shall become due and payable, the entire assessment and accrued interest shall become due and payable, and the city solicitor shall proceed to collect the same under the provisions of general laws creating and regulating municipal liens and proceedings thereon.

32. Any owner of property against whom an assessment shall have been made for such improvement, shall have the right to pay the same, or any part remaining unpaid, in full with interest thereon to the next semi-annual payment due on said assessment; such payment shall discharge the lien. If

property is

any owner shall sub-divide any property after such lien at 12 June 1893. taches, he in like manner may discharge the same upon any Payment where sub-divided portion thereof by paying the amount for which subdivided. said part would be liable.

grade, pave,

amize and im

and alleys.

therefor to

33. All cities in this commonwealth shall have power, 22 May 1895. without petition of property owners, to grade, pave, curb, 1. P. L. 105. macadamize and otherwise improve any public street or pub- Power to lic alley, or part thereof, within their corporate limits; Pro- curb, macadvided, The ordinance or ordinances authorizing and directing prove streets such improvement shall be adopted and enacted by the affirmative vote of three-fourths of the members-elect composing How ordinance the councils of the said cities, and shall be approved by the be enacted. mayor or city recorder thereof. No such ordinance shall be finally adopted and enacted in a less period than thirty days from the date of its introduction, and in the meantime copies of said ordinance shall be published in each of the official Publication of newspapers of such cities once a week for three consecutive weeks immediately following the introduction thereof, and in the event such cities shall have no official newspapers, then in at least two weekly newspapers published in the county in which the cities are situate, once a week for three consecutive weeks.1

34. In exercising the power aforesaid all proceedings for the ascertaining of damages and the assessment of benefits incident thereto shall be as now provided by law in reference to payment of costs, damages and expenses of public improve ments within municipal corporations.2

ordinance.

Id. § 2.

Damages and benefits, how ascertained.

IV. Damages and Costs.

26 May 1891.

35. In all cases of assessment of damages for the opening 1. P. L. 117. or widening of any street or highway in any city in this com- Damages for monwealth, the award of damages, if any, shall include all widening of damages due to the grade at which said street or highway is clude damages

'The section amended as above by Act of April 25, 1903, P. L. 301. See New Castle v. Rearic, 18 Super. Ct. R. 350.

2 This section held to be constitutional in Greenfield Ave., 191 Pa. 290 (reversing S. C. 8 Dist. R. 80). The purpose of the act was to enlarge the occasions on which the power of municipalities to assess benefits might be exercised. Id. Various acts of assembly have been passed authorizing assessments and reassessments for cost of local improvements and providing for the collection thereof, which were of a remedial character, merely, and designed to validate proceedings begun under the Municipal Act of May 24, 1887, P. L. 204, or under other laws subsequently declared unconstitutional. Among them is the Act of May 23, 1889, P. L. 272, applicable to cities of the third class. These acts have been held constitutional on the ground that as it was within the

opening or

due to grade.

See

power of the legislature to provide for the making of the improvements of which the property owners had received the benefit, it might subsequently validate what it might have originally authorized. Chester City v. Black, 132 Pa. 568; Chester City v. Pennell, 169 Id. 300; Harrisburg v. Adams, 18 Pa. C. C. R. 118; Chester City v. Bullock, 187 Pa. 544. As to the similar Acts of May 16, 1891, P. L. 65, and May 16, 1891, P. L. 71, see Twenty-eighth Street Sewer, 158 Pa. 464; Donley v. Pittsburgh, 147 Id. 348; Dawson v. Pittsburgh, 159 Id. 317; Amberson Ave., 179 Id. 634. Other remedial acts of a similar character are those of June 4, 1897, P. L. 116; April 18, 1899, P. L. 57, and May 29, 1901, P. L. 321. This legislation is of a temporary character, intended to meet the cases contemplated therein, and is therefore not designed as the basis of a continuing system.

214

STREETS-STREET SPRINKLING AND CLEANING.

26 May 1891.

to be opened or widened, and the plan attached to the report Plan to be at of the viewers awarding the damages shall have therein a profile plan showing the existing grade.1

tached to report of viewers.

16 May 1891.

Court may make orders

36. The several courts of quarter sessions in this com1. P. L. 90. monwealth shall have power in all proceedings therein for the opening or vacating of roads, streets or highways, or for the for payment of assessment of damages for the opening or widening of the and street pro same, to make such orders for the payment of the costs in each proceeding as to the said court shall seem just and proper.

costs in road

ceedings.

26 May 1891.

1. P. L. 116.

Appeal to

mon pleas from quarter sessions in road and street

V. Appeals.

37. Whenever any report of viewers appointed by any court of quarter sessions to assess damages for the opening, court of com- widening or change of grade of any street, road or highway, shall be confirmed by the court of quarter sessions to which the said report is made, an appeal may be taken from the said damage cases. court of quarter sessions by any party aggrieved by the said decree of confirmation to the court of common pleas in said Trial by jury. county for a trial of the question of damages by jury according to the course of common law, within thirty days from the entry of said decree of confirmation by the court of quarter sessions, and not afterwards.2

Id. § 2.

accompanied by affidavit.

38. Any appeal taken in pursuance of this act shall be Appeal to be signed by the party or parties taking the same, or by his or their agent or attorney, and shall be accompanied by an affidavit of the party appellant, or of its, his or their agent or attorney, that the same is not taken for the purpose of delay, but because the affiant firmly believes that injustice has been done.

1

The viewers must prepare a schedule of benefits and damages, and a plan showing the improvements and the properties taken, injured or benefited. McDermott v. New Castle, 13 Pa. C. C. R. 474; and see Lehigh Ave., 14 Dist. R. 829.

2 This act appears to supply that of April 15, 1891, P. L. 17, to the same general purport (as to the unconstitutionality of which in part, see Otto Township Road, 181 Pa. 390). It does not re

peal the Act of June 13, 1874, P. L. 283, providing for an appeal within thirty days of the filing of the report. Vernon Park, Philadelphia's App., 163 Pa. 70. The appeal will be sustained if entered in the quarter sessions within thirty days from the confirmation of the report; the certificate or transcript of the appeal need not be entered in the common pleas within the thirty days. Mansfield Borough's App., 158 Id. 314.

Street Sprinkling and Cleaning.

1. Additional corporate power of cities of third class.

2. Streets may be sprinkled or cleaned on petition of abutting property owners.

2 May 1899.

§ 1. P. L. 188.

Additional cor

of cities of third class.

3. Street sprinkling may be done by city, or under contract.

1. In addition to the corporate powers specified in article five of said act, every city of the third class is authorized and porate power empowered to enact ordinances for the following purposes: To cause any public street, or part thereof, not less than one block, to be sprinkled with water, or, if such street is paved, to be cleaned during such time as it may be necessary, at the expense of the owners of property abutting upon the same.

'The Act of May 23, 1889, P. L. 277. Sec. 4 of the act in the text was repealed

by the Act of June 4, 1901, P. L. 364, 386.

STREET SPRINKLING AND CLEANING-TAXATION.

2. Councils shall cause any street, or part thereof, not less 2 May 18 than one block, to be sprinkled, or if such street is paved, to Streets may be be cleaned at the cost of such abutting property owners, upon sprinkled or the petition of the owners or occupiers of such property, whe tition of abutshall represent a majority of the feet front on the street, or owners. part thereof.

3. Said councils may cause such sprinkling to be done with Id. § 3. the water of the city, when water works are owned or op- Street sprinkerated by such city, and with sprinkling carts and apparatus done by city, owned by such city, or may contract for the use of said carts contract. and apparatus with the lowest responsible bidder, as provided in section six, article four of said act to which this is a supplement.

1. All taxes shall be uniform upon the same class of sub- Const. 1874. jects within the territorial limits of the authority levying the Taxation to tax, and shall be levied and collected under general laws; be uniform. but the general assembly may, by general laws, exempt from taxation public property used for public purposes, actual places of religious worship, places of burial not used or held for private or corporate profit, and institutions of purely public charity.1