23 May 1889. Art. XII. $ 9. Board to fix lighting rates with approval water and of councils. 9. 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 fixed annually, approved, such rates shall not be changed for and during the year, but if not approved, the existing rates shall continug until modified by the commissioners, with the approval of councils. Rates to be Id. § 10. Collection of lighting and water rates. Delinquent claims to be registered in city lien docket. Id. § 11. to submit an to councils. rate account 10. 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 the use of the water or light, fixing the time when such rates shall be payable, and the penalties for non-payment thereof;1 and such rates shall be charged to the respective owners of the real estate on which such water or light is used, and if the same shall not be paid in accordance with the provisions of such ordinance, claims for the amounts due shall be registered in the city lien-docket 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. 11. The said commissioners created as aforesaid shall, anCommissioners nually, at a stated meeting of councils in the month of Janunual statement ary, report to said councils a full statement of all the repairs, alterations, reconstructions, new constructions, expenditures, and everything relating to the management and cost to the City treasurer city of maintaining the said works. The treasurer of the city tat keep out of shall keep his accounts in such manner as to show in his monthly report, distinctly and separately, the entire amount of revenue realized during each month from the water and lighting departments of said city repectively; and the reve nues derived from the said water and lighting departments shall be applied exclusively to the purposes of said departments respectively, and the surplus, if any, to the reduction of the debt thereof; Provided, Any surplus revenues revenues from departments of water and lighting. Application of revenue. Where by ordinance it was provided that the ferrules of delinquents should be detached after a certain date for nonpayment of water rent, held that the neglect of the city authorities to cut off the water at that date did not prejudice the right to collect all arrearages from the purchaser of the premises at sheriff's sale before it was turned on again. Girard Life Insurance Co. v. Philadelphia, 88 Pa. 393. The fact that a lien is given by the Act of 1889 for unpaid water rents does not render an ordinance invalid which provides for shutting off the water for non-payment of water rent. Altoona v. Shellenberger. 6 Dist. R. 544. Where two adjoining dwellings are constructed with but one hydrant between them, which the tenants of each are compelled to use, knowledge of the unauthorized use of water by one of the tenants need not be brought home to the owner in order to render him liable for water rent for both. Harrisburg's Appeal, 107 Pa. 102. The water department cannot be enjoined from the collection of alleged unlawful assessments of water rent; there is an adequate remedy at law. Kershaw v. Philadelphia, 15 W. N. C. 415. Water rents are not collectible by the ordinary method of collection of taxes. Dixon v. Entriken, 6 Dist. R. 447. Liens must be filed for unpaid water rents if they are to be paid out of the proceeds of a judicial sale. Grubb v. Weaver, 19 Pa. C. C. R. 609. Certain classes of consumers may be charged according to fixed rates and others according to the quantity consumed, as ascertained by measurement. Rieker v. Lancaster City, 7 Super. Ct. R. 149. Art. XII. from said water and lighting departments, after the payment 23 May 1889. of all the debts of said respective departments, shall be applied as follows: The surplus from the water revenues, to the reduction of the bonded indebtedness which has been created by the city for the erection and construction of its water works; and the surplus from the lighting revenues, to the reduction of any bonded indebtedness which has been created by the city for the erection and construction of its lighting plant.1 ordinances and 12. The city councils shall pass such ordinances, rules and Id. § 12. regulations as may be necessary for carrying into effect the councils to provisions of this article, not inconsistent with this act, and pass necessary may impose fines and penalties for the violation of such ordi- regulations. nances, rules and regulations, recoverable in the manner here- Penalties for inbefore provided for the recovery of fines and penalties for same, how rethe violation of other city ordinances, and subject to the like limitation as to the amount thereof. violation of coverable. § 1. P. L. 267. II. Appropriation of Streams, Lands, etc., for Water Supply. 13. Any city or borough desiring to erect water works, or 25 May 1887. to improve its water supply, may for such purpose appropri- Cities and borate streams known as rivers or creeks, lands, easements and oughs autherrights of way, whether within its territorial limits or not, 2 ized to appro and, for the purpose of conducting water obtained outside of lands, etc., for the territorial limits of any city or borough, may lay pipes across, under and over any lands, rivers, streams, bridges, public highways, and cross railroads. priate streams, water supply. Id. § 2. to agree, bond common pleas. Condition of of bond, right 14. Prior to any appropriation, the city or borough shall attempt to agree with the owner as to the damage done, or Agreement as likely to be done, to him; if the parties cannot agree, or the to damages. owner cannot be found, or is not sui juris, the said city or Upon failure borough may file its bond in the common pleas court of the to be filed in county, conditioned for the payment to the owner or owners of the property appropriated, of the damages for the taking bond. thereof when the same shall have been ascertained according to law; upon the approval of the bond and its being filed, theUpon approval right of the corporation to enter upon the property or rights of entry to he intended to be appropriated shall be complete. Upon petition complete. of either the property owner or the city or borough at any time thereafter, the said court shall appoint five disinterested Viewers to be freeholders of the county to serve as viewers, to assess the tinted, damages proper to be paid to the owner for the property or rights appropriated, and shall fix a time for their meeting, of Meeting of which notice shall be given to both parties. When the report is filed, either party may appeal and have a jury trial, as pro- Appeal from vided by law.3 1 The section amended as above by Act of May 16, 1901, § 28, P. L. 245. 2 See the Act of June 24, 1895, P. L. 244, prohibiting burials upon lands forming the drainage area of a city water sup petition. viewers. report of on ply, except beyond the distance of one mile from the city limits. 3 As to the construction of this act with reference to a local law relating to the establishment of a city water works. see Shroder v. Lancaster, 170 Pa. 136. 2 May 1905. § 1. P. L. 350. Cities author drainage area of water supply. 15. Any city owning and operating a water works system is hereby authorized and empowered to enter, by any of its ized to patrol employes, upon private lands through which may pass any stream or streams of water supplying such city, for the purpose of patrolling the drainage area of such stream or streams, and making investigations or inquiries pertaining to the condition of the stream or streams, sanitary or otherwise; Provided, however, That any injury or damage done to property so entered upon shall be paid by such city.1 Compensation for injury. the 1 The Act of April 22, 1905, P. L. 260, "to preserve the purity of the waters of the state for the protection of the public health," provides for/ strict state supervision of municipal and corporate water and sewage systems, and prohibits the discharge of sewage into public waters. Exhibition of plans and surveys of the sources of local water supply is required to be made to the state department of health. Appeals from the orders of the department lie to the court of common pleas. Weights and Measures. 1. Penalty for selling by short weight or measure. 11 April 1850. or measure. 5 June 1883. 1. P. L. 78. Penalty for using false 2. Penalty for using false scales, weights and measures. 1. Whenever any description of manufactured goods, commonly called dry goods or groceries, shall be sold by the piece, in packages, or by weight, and the said pieces or packages shall be marked or represented to contain a certain number of yards, pounds or ounces, and the same shall be sold as containing that number or weight, when in fact the said pieces or packages shall contain a less number of yards, or pounds or ounces than so represented, the seller or manufacturer thereof shall forfeit and pay to the purchaser a sum equal to double the value of the quantity or weight found to be deficient, to be recovered by action of debt in any court of law, or before any alderman or justice of the peace in this commonwealth, in the same manner that debts of like amount are now by law recoverable. 2. Any person or persons who shall wilfully use and sell by false beams, scales, weights and measures, any article, merchandise, commodity or thing, shall be guilty of a misscales, weights demeanor, and on being convicted thereof, shall be sentenced to pay a fine not exceeding two hundred dollars, and to undergo an imprisonment not exceeding three months, or both, or either, at the discretion of the court.1 and measures. The office of county sealer of weights and measures was abolished by the Act of March 8, 1883, P. L. 6. The standard of all weights and measures is fixed by state law, but the matter of inspection in all the cities of the commonwealth, except those of the first and second classes (Act June 26, 1895, P. L. 386), appears now to be left entirely to municipal regulation. |