8 May 1876. 81. P. L. 154. Who to be deemed vagrants. Id. § 2. Vagrants to be arrested. Trial and conviction. 5. Discharge for good behavior. 8. Poor-houses to be work-houses. 10. Fees of justices and aldermen. Pen 1. The following described persons are hereby declared to be vagrants:1 I. All persons who shall unlawfully return into any district whence they have been legally removed, without bringing a certificate from the proper authorities of the city or district to which they belong, stating that they have a settlement therein. II. All persons who shall refuse to perform the work which shall be allotted to them by the overseers of the poor, as provided by the act of June thirteenth, one thousand eight hundred and thirty-six, entitled "An act relating to the support and employment of the poor. III. All persons going about from door to door, or placing themselves in streets, highways or other roads, to beg or gather alms, and all other persons wandering abroad and begging, who have no fixed place of residence in the township, ward or borough in which the vagrant is arrested. IV. All persons who shall come from any place without this commonwealth to any place within it, and shall be found loitering or residing therein, and shall follow no labor, trade, occupation or business, and have no visible means of subsistence, and can give no reasonable account of themselves or their business in such place. 2. If any person shall be found offending in any township or place against this act, it shall and may be lawful for any constable or police officer of such township or place, and he is hereby enjoined and required, on notice thereof given him by any of the inhabitants thereof, or without such notice, on his own view, to apprehend and convey, or cause to be conveyed, such person to a justice of the peace, or other committing magistrate of the county, who shall examine such person, and shall commit him, being thereof legally convicted before him, on his own view, or by the confession of such of fender, or by the oath or affirmation of one or more credible witnesses, to labor upon any county farm, or upon the roads and highways of any city, township or borough, or in any house of correction, poor-house, work-house or common jail,2 for a term of not less than thirty days, and not exceeding six 1 This act is not repealed by the Act of April 30, 1879, P. L. 33 (see title "Tramps"), defining and punishing tramps. Cumberland County v. Boyd, 113 Pa. 52. 2 The act does not authorize the punishment of imprisonment, but the sentence must be to compulsory labor. Commonwealth v. Scott, 25 Pa. C. C. R. 210. months, and shall forthwith commit him to the custody of thes May 1876. steward, keeper or superintendent of such county farm, house of correction, poor-house, work-house or common jail, or to the supervisors or street commissioners and overseers of the poor of the respective county, city, borough or township wherein such person shall be found, as in his judgment shall be deemed most expedient; the said justice of the peace or committing magistrate, in every case of conviction, shall make up and sign a record of conviction, annexing thereto the Record. names and records of the different witnesses examined before him, and shall by warrant, under [his] hand, commit such person as aforesaid; Provided, Any person or persons who shall conceive him, her or themselves aggrieved by any act, judgment or determination of any justice of the peace or alderman, in and concerning the execution of this act, may ap- Appeal. peal to the present or next general quarter sessions of the city or county, giving reasonable notice thereof, whose orders thereupon shall be final.1 provided for 3. It shall be the duty of the custodian or custodians of Id. § 3. any such vagrant, to make active efforts to provide work for Work to be every vagrant committed under this act, and not disqualified vagrants. by sickness, old age [or] casualty; and whenever labor cannot be provided in the place to which any vagrant is committed, it shall be lawful for such custodian or custodians, and it is hereby declared to be his or their duty, with the approval of the board of directors, overseers, guardians or commissioners of the poor, as the case may be, to contract with the proper authorities of any such township, borough, city, county, or other persons, to do any work or labor outside the place of commitment; in all cases the work or labor shall be suited to the proper discipline, health and capacity of such vagrant, and he shall be fed and clothed in a manner suited to the nature of the work engaged in, and the condition of the season; and when any vagrant is committed under the provisions of this act to the custody of the supervisors or street commissioners, and [or] overseers of the poor of any township, borough, city or county, it shall be their duty to provide for him comfortable lodging or quarters, either in a station-house or Maintenance. other building. The violation or neglect of any of the provisions of this section shall be deemed to be a misdemeanor, and the person so offending, on conviction thereof in the proper court, shall be sentenced to undergo an imprisonment for a term not exceeding three months, and to pay a fine not exceeding one hundred dollars, either or both, in the discretion of the court. The court of quarter sessions has no jurisdiction to try vagrancy cases under this act except on appeal from a convic tion by a justice of the peace. Commonwealth v. Kehoe, 1 Dist. R. 636. 8 May 1876. § 4. Non-resident poor may be returned to their homes. 4. If any person, not being in the county, township or place in which he usually lives or has his home, shall apply to any director, overseer, guardian or commissioner of the poor of any county, city, borough, township or district, stat ing that he is desirous to return to his home, but is poor and has not the means to do so, the said director, overseer, guardian or commissioner of [the poor] may employ or let out such poor person to labor, at some suitable place, to be by them selected, and at such wages as shall seem to them just, and when, in the opinion of said director, overseer, guardian Expenses, how or commissioner of the poor such poor person shall have earned a sufficient sum, said director, overseer, guardian or commissioner of the poor shall, with the money so earned, and with such additions thereto from the treasury of the county, city, borough, township or district as they may think reasonable, cause such person to be returned to his home, whether in this state or elsewhere; Provided, That the expense shall not exceed twenty dollars. defrayed. Id. § 5. good behavior. 5. The custodian or custodians of such vagrant may, at Discharge for discretion, discharge such vagrant at any time within the term of commitment, upon not less than ten days' good behavior, or upon satisfactory security that he shall not become a charge upon the public within one year from the date of such discharge. Id. § 6. vide work houses. 6. The county commissioners of every county in which County to pro there shall not be sufficient provision for the safe custody of persons committed under this act, upon the recommendation of a grand jury of the county, and approval of the court, are hereby empowered and required to make suitable provisions by buildings or enclosures; Provided, That the expense of the same shall not exceed the amount fixed by the grand jury.1 Id. § 7. 7. For each arrest, hearing or commitment made under Fees of justices this act, there shall be paid out of the county treasury,2 to and constables. the committing magistrate and the officer making such arrest or commitment, the sum of fifty cents each, and mileage as now provided by law, when such arrest is made more than one mile from the prison or place where such vagrant shall be committed, and no mileage shall be allowed to any officer making the arrest within one mile of the prison or place where such vagrant shall be committed. And no person shall be detained beyond the term of his or her commitment, by reason of his or her inability to pay the costs of his or her 1 See the Act of June 26, 1895, P. L. 377, authorizing the erection of workhouses in the several counties of the state. This provision is constitutional. Hays v. Cumberland County, 5 Super. Ct. R. 159. The county is also liable for the payment of the costs of arrest and commitment of drunk and disorderly persons who are unable to pay the same. Northampton County v. West, 28 Pa. 173; Fleck v. Dauphin County, 1 Pears. R. 220. See, as to the liability of the city for maintenance of prisoners committed for violation of ordinances, the Act of March 28, 1905, P. L. 61; title "Fines and Penalties," p. 86. See infra, 10. arrest, hearing and commitment, but shall forthwith be dis- 8 May 1876. charged by the officer in whose custody he may be. Any wilful refusal to make such arrest on the part of any constable or police officer, shall subject him to a penalty of five dollars, Penalty. to be collected as penalties are collectible, and shall be paid into the poor fund of the district in which such officer resides, if such poor fund exists, and into the county treasury, where such poor fund does not exist.1 Id. § 8. 8. All poor-houses, almshouses and other places provided for the keeping of the poor, are hereby declared to be work Poor-houses to houses for the purposes of this act; and it is hereby made the be work-houses. duty of the custodians of such buildings to provide work for such vagrants, and to compel them to work therein, when able, not less than six hours per day. Id. § 9. 9. The custodian of any vagrant, upon his discharge and at his request, shall give him a certificate of discharge, which certificates of shall exempt him from any further arrest for vagrancy for discharge. a period of five days, upon condition that he shall forthwith leave the county wherein confined; and the said custodian is hereby authorized to give, in his discretion, to such discharged vagrant, a reasonable sum of money out of his earnings, or out of the treasury of the township, borough, city or county, to defray his expenses in leaving the county as aforesaid. § 1. P. L. 88. Fees of justices aldermen. 10. From and after the passage of this act the fees of 28 April 1899. justices of the peace, magistrates and aldermen of this com monwealth for every act in or about the arrest and commit- and ment of vagrants shall be one dollar for each vagrant arrested and committed, and in case of the arrest of a person or persons charged with vagrancy who, after hearing, shall be discharged by the justice of the peace, magistrate or alderman, the fees of the justice of the peace, magistrate or alderman shall be fifty cents.2 1 The original section so amended by Act of May 3, 1878, P. L. 40. 2 The fees of constables for arrest and commitment of vagrants are regulated by the Act of Feb. 17, 1899, P. L. 3 (title "Constables," ante, p. 36). See Swisher v. Franklin County, 5 Dist. R. 209. Wards. [See ANNEXATION OF TERRITORY.] Peti 1. Division and creation of wards. tion to court of quarter sessions. Commissioners to be appointed. Duties of commissioners. Report. 2. On favorable report, election to be ordered. Mayor to give notice of election. Tickets. Return of election. Upon majority vote, decree to be entered. Certificate to councils. If majority against new ward, no further action to be taken. Limitation of number of wards and minimum of taxables. 3. Proceedings for annexation of part of one ward to another. Commissioners to be appointed, on petition. Commissioners to examine premises and make draft. Report to court. 4. When vote of electors to be taken. How election to be conducted. Notice Tickets. Return of election. On affirmative vote, decree of separation to be entered. On negative vote, no further proceedings to be had. 5. Re-location of boundary lines of wards in certain cases. Petition to court and decree. Art. II., § 1. 1. Wards in cities of the third class may be divided, or 23 May 1889. new wards created therein, by the court of quarter sessions P. L. 279. of the proper county, on application thereto for that purpose Division and by the petition of at least one hundred qualified electors creation of wards. Art. II. Petition to court of quar ter sessions. to be appointed. Duties of commissioners. 28 May 1889. thereof, or of the councils of such city; and upon such peti tion praying for the division of a ward, or for the erection of a new ward out of parts of two or more wards, the said court shall appoint five impartial men, residents of the city, but not Commissioners of the wards to be affected thereby, as commissioners, to inquire into the propriety of granting the prayer thereof, and it shall be the duty of the commissioners so appointed, or any four of them, to examine the premises and to make a draft of the ward to be divided, showing the division thereof, or of the new ward proposed to be created, as the case may be, and they shall make report to the said court of quarter sessions at its next term, together with their opinion of the same; and at the term after that at which the report shall be made, the court shall take such order thereupon as to them shall appear just and reasonable. Report. Id. § 2. On favorable report, election to be ordered. notice of election. Tickets. 2. If the commissioners, or a majority of them, report favorably to such division or creation, the court shall order a vote of the qualified electors of the ward or wards to be affect ed thereby to be taken on the question of the division or creation thereof, and shall appoint an election, to be held on the day of [the] municipal or general election, when the election officers of the ward or wards proposed to be divided or affected thereby shall hold such election at the places and in the manner provided by law for the regulation of municipal Mayor to give elections. It shall be the duty of the mayor of such city tc give at least fifteen days' public notice, by advertisement in at least three newspapers, if so many be printed in said city, or by handbills posted in the most public places in said ward or wards, that such an election will be held, and of the time and place of holding the same. The judges and inspectors of election of said ward or wards shall receive from the elec tors thereof written or printed tickets, having on the outside the words "new ward," and on the inside the words "for new ward," or "against new ward," and deposit the same in a box to be provided for that purpose. The officers of such elec tion shall count the said tickets in the manner prescribed by law, and shall forthwith make out a return showing the number of votes for and against such new ward, and shall deliver the same to the clerk of the court of quarter sessions of the proper county within three days, and the said clerk shall reUpon majority cord said return and forthwith lay it before the court. If it shall appear that a majority of the votes so taken are for a new ward, the said court shall thereupon order and decree the creation of such new ward or wards, agreeably to the lines marked out and returned by the commissioners, and shall number the new wards, and cause a certified copy of the whole proceedings to be placed of record among the minutes of councils. If a majority of votes have been against a new Return of election. vote, decree to be entered. Certificate to councils. The provision requiring the report to be made to the next term of the court is directory merely, not imperative. Division of Fifteenth Ward, 11 Phila. R. 406. |