Art. XIV. occupied or injured, or to be taken, occupied or injured, 23 May 1889. or the property and materials so used or taken away, 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 owner or owners of said lands, property or materials in consequence of the making of the improvements aforesaid, for which the property or materials are to be taken, and after having made a fair and just comparison of said advantages and disadvantages, they shall estimate and determine their value, and damages and whether any, and if any, what amount of damages has been or may be sustained, and to whom the same is payable, and after having determined the damages sustained to all the properties affected by said improvement, together with the benefits as hereinafter mentioned, they shall make report thereof to the Report. said court. To estimate benefits. § 1. P. L. 28. time when re ports of view- 11. Viewers, or juries of view, appointed by any court of 18 March 1903. this commonwealth to assess the damages and benefits, due Court to fix to the taking, injury or destruction of private property, in and by the construction or enlargement of any public work, highway or improvement, shall make their reports within a time which said court shall fix when so appointing them; Provided, That if any of the viewers, or juries of view, so appointed, shall for any good and sufficient reason appearing to the court, be unable to file its report within the period Extension of so fixed, the said court may, in its discretion, either before port. or after the expiration of the time fixed, extend the time for the filing of such report to such a time as justice and the circumstances of the case may demand. time for re payment of of damages 12. The councils of said cities shall have power to provide 23 May 1889. by ordinance for the payment of damages sustained by the Councils to making of the improvements aforesaid, or by the vacation1 of provide for any public highway, either by the city, or by assessments damages. upon property benefited by such improvements,2 and in the latter case the viewers appointed to assess damages shall also Assessment assess upon any property benefited by such improvements, and benefits. whether said property be immediately adjacent thereto or in the vicinity thereof, such amount for the special advantages which may accrue to the said several properties from such improvements as they may deem proper, and shall report the same to the said court; Provided, That assessments for benefits shall not exceed the damages awarded or agreed upon; Ben exceed And provided further, That parties assessed for benefits shall damages. have the same right to file exceptions to said report, or to ap- Exceptions. peal therefrom, as is herein provided for in the case of assessments of damages for property taken. 1 Independently of statutory provision there can be no liability for the lawful vacation of a street. McGee's App., 114 Pa. 470. As to the test of the constitutionality Benefits not Appeal. of provisions for local assessments and the character thereof as a species of local taxation, see In Re Vacation of Centre Street, 115 Pa. 247; Erie v. Russell, 148 Id. 384. 23 May 1889. Art.XIV., § 4. Judgment on award of viewers. Execution. 13. If any damages be awarded, and the report be confirmed by the said court, judgment shall be entered thereon, and if the amount thereof be not paid within thirty days after the entry of such judgment, execution may then issue thereon, as in other cases of debt, for the sum so awarded, but assessments for benefits shall be collected as hereinafter provided.1 The costs and expenses incurred in the proceedings aforesaid shall be defrayed by the said city, and each of the said viewers Compensation shall be entitled to two dollars per day for every day necessarily employed in performance of the duties herein prescribed. Costs. of viewers. Id. § 5. City may ten Condition of bond. 14. In all cases where the parties have not agreed upon the amount of damages claimed, or where by reason of the absence or legal incapacity of the owner or owners no such agreement can be made for lands, property or materials to be der security in taken, occupied or injured, the city shall tender sufficient secertain cases. curity2 to the party claiming or entitled to any damages, or to the attorney or agent of any person absent, or to the agent or other officer of a corporation, or to the guardian or committee of any one under legal incapacity, the condition of which shall be that the said city shall pay or cause to be paid such amount of damages as the party shall be entitled to receive after the same shall have been agreed upon by the parties, or Proceedings assessed in the manner provided for by this act; Provided, That in case the party or parties claiming damages refuse, or do not accept the security so tendered, the said city shall then give the party, his or their agent, attorney or other officer, a written notice of the time when the same will be presented for filing in the court, and thereafter the said city may present Security to be said security to the court of common pleas of the county where the lands or other property are situated, and, if approved, the security shall be filed in said court for the benefit Recovery to be of those interested, and recovery may be had thereon for the amount of damages assessed, if the same be not paid, or cannot be made by execution on the judgment in the issue formed to try the question. upon refusal to accept bond tendered. filed in court. had thereon. Id. § 6. Viewers may be appointed within six years after entry. 15. The viewers provided for in the foregoing sections of this article may be appointed before, or at any time within six years after the entry, taking, appropriation or injury of any property or materials for constructing said improvements, and upon the report of said viewers, or any two of them, being filed in said court, any party may within thirty days Appeal from thereafter file his, her or their appeal from said report to said court. Such appeal shall be in writing, and accompanied by an affidavit of the appellants, or their agent or attorney, that the same is not taken for the purpose of delay, but because the award. That is, in the mode prescribed by Section 22 of Art. XV. of the act; title "Municipal Claims." Titusville Street, 3 Dist. R. 752. The word "security" is substituted for the word "bond" occurring in section 54, of the Act of May 23, 1874, the purpose being to enable the city to offer indemnity in such form as not to necessitate the finding of sureties. See § 8 supra. Art. XIV. affiant firmly believes that injustice has been done; and after 23 May 1889. such appeal either party may put the cause at issue in the To be tried form directed by said court, and the same shall be tried by by jury. said court and a jury, and after final judgment either party may have a writ of error1 therefrom to the supreme court in the manner prescribed in other cases. The said court of common pleas shall have power to order what notices shall Notices. be given in connection with any part of the proceedings, and may make all such orders as it may deem requisite. If any exceptions be filed with any appeal to the proceedings, they Exceptions. shall be speedily disposed of, and if allowed, a new view shall be ordered, and if disallowed, the appeal shall proceed as herein before provided. nance prior to of property. 16. In case any such city shall repeal any ordinance passed Id. § 7. or discontinue any proceedings taken, providing for any of Repeal of ordithe improvements mentioned in the first section of this arti- appropriation cle, prior to the entry upon, taking, appropriation or injury to any property or materials, and within thirty days after the filing of the report of viewers assessing damages and benefits the said city shall not thereafter be liable to pay any damages City to be liawhich have been or might have been assessed, but all costs only. upon any proceeding had thereon shall be paid by said city. ble for costs assessment of pending cases. 17. In all cases where lands or property have been hereto- Id. § 8. fore taken, used, occupied or appropriated for any of the Proceedings for purposes aforesaid within five years last past, or where any damages in ordinance has been passed providing for such taking, using or occupancy, and the damages sustained thereby, or the benefits accruing therefrom, have not yet been legally determined, it shall be lawful to proceed and determine said damages and benefits, and collect the same under the provisions of this article, with the same effect as if said improvements had been undertaken or proceeded in after the passage of this act.2 See the Act of May 9, 1889, P. L. 158, relating to writs of error and appeals to the supreme court, and prescribing the form thereof; also the Act of June 24, 1895, P. L. 212, establishing the superior court and defining its jurisdiction. 2 See the Act of May 23, 1889, P. L. 272, "authorizing assessments and re-assessments for the cost of local improvements already made or in process of completion, and providing for and regulating the collection of the same." The act was remedial in its character, merely, and was pronounced constitutional in Chester City v. Black, 132 Pa. 568. See also the remedial Act of June 7, 1897, P. L. 131, providing for the mode of ascertaining damages to property in the opening, widening, straightening or extending of streets, where proceedings have been taken by municipalities under laws subsequently declared unconstitutional, and for the levy and collection of benefits_ therefor; and Act of April 18, 1899, P. L. 57. Disorderly Conduct. 1. Disorderly conduct in public places defined. Penalty. Appeal. Recognizance. 2. Fines to be paid to county treasurer quarterly. 3. Disorderly conduct in railway cars, Penalty. etc. 4. Payment over of fines collected. § 1. P. L. 271. 1. From and after the passage of this act if any person or 25 June 1895. persons shall willfully make or cause to be made any loud, Disorderly con boisterous and unseemly noise or disturbance to the annoy-duct in public ance of the peaceable residents near by, or near to any public places defined. Penalty. upon 25 June 1895. highway, road, street, lane, alley, park, square or common1 within this commonwealth, whereby the public peace is broken or distrubed, or the traveling public annoyed, he, she or they shall be guilty of the offence of disorderly conduct, and conviction thereof before any justice of the peace, alderman, mayor or burgess, shall be sentenced to pay the costs of prosecution, and to forfeit and pay a fine not exceeding ten dollars, and in default of the payment thereof shall be committed to and imprisoned in the county jail of the proper county for a period not exceeding thirty days; Provided, however, That the defendant or defendants, within five days after such conviction, may appeal to the court of quarter sessions of the county in which said justice of the peace, alderman, mayor or burgess shall reside, without special alRecognizance. lowance therefor, upon entering into a recognizance in double the amount of costs and fine, conditioned for the appearance of defendant or defendants at the next term of quarter sessions to answer said charge.2 Appeal. Id. § 2. Fines to be paid to county 2. It shall be the duty of all justices of the peace, aldermen, mayors and burgesses to pay over to the treasurer of treasurer quar- their respective counties all fines or forfeits collected by virtue of this act, quarterly, on or before the first Monday of March, June, September and December of each year, and at the expiration of their term of office. terly. 21 May 1901. 1. P. L. 286. Disorderly con way cars, etc. 3. If any person or persons shall wilfully make or cause to be made any loud, boisterous and unseemingly noise, or by duct in rail- using obscene or profane language disturb and annoy any one who shall be passengers upon any railroad or railway car, or who may be visitors at any public or private park, or picnic grounds kept for the amusement of the public in this commonwealth, whereby through such conduct the public peace is broken or disturbed or the public annoyed, he, she or they shall be guilty of the offense of disorderly conduct; and upon conviction thereof before any magistrate, justice of the peace, alderman, mayor, or burgess, shall be sentenced to pay the costs of prosecution, and to forfeit and pay a fine not exceeding ten dollars; and in default of the payment thereof, shall be committed to and imprisoned in the county jail of the proper county for a period not exceeding thirty days. Penalty. Id. § 2. of fines col lected. 4. It shall be the duty of all magistrates, justices of the Payment over peace, aldermen, mayors, and burgesses to pay over to the treasurer of their respective counties all fines or forfeits collected by virtue of this act, quarterly, on or before the first Monday of March, June, September and December of each year, and at the expiration of their term of office. 1 The essential feature of the offence is that it be committed in some one of the public places designated by the statute. Commonwealth v. Ferree, 20 Pa. C. C. R. 87. The section amended as above by Act of May 2, 1901, P. L. 132. pass Dogs. 1. Cities may impose dog tax, etc. 10 June 1881. 1. Every city of the commonwealth shall have power to 1. P. L. 112. ordinances taxing the owners and harborers of dogs, and providing for the destroying of all dogs found at large contrary to any ordinance.1 1 By the Act of May 18, 1878, P. L. 72, various local acts applicable to several counties, providing for a system of registration of dogs in the office of the clerk of the court of quarter sessions were extended to all the counties of the state. All dogs registered under those acts were declared to be personal property and made the subjects of larceny, which they were not at common law. By the Act of May 25, 1893, "for the taxation of dogs and the protection of sheep," section 7, P. L. 138, it is declared that "all dogs in this commonwealth shall hereafter be personal property and subjects of larceny,' irrespective, it would seem, of registration. Cities may impose dog tax, etc. (See Commonwealth v. Dupuy, 148 Pa. 201.) Sec. 10 of the act provides that the provisions of any special law relating to the same subject shall not be thereby repealed. The amending Act of April 23, 1901, P. L. 92, relates to the payment over of fines accrued, to the proper school district. The innumerable local acts relating to the taxation of dogs in cities seem to have been wholly supplied by the act in the text which is itself supplied as to cities of the third class by the provision of Section 3, Clause 35 of Article V. of the Municipal Act of May 23, 1889. See title "Corporate Powers," ante p. 64, § 38. Elections. [See INCOMPATIBLE OFFICES-PUBLIC OFFICERS.] I. CONSTITUTIONAL PROVISIONS. 1. Qualifications of electors. 2. General elections. 3. Municipal elections. 4. Election districts. 5. Ineligibility of election officers. 6. Trial of contested elections. II. PRIMARY ELECTIONS. 7. Bribery at nominating conventions or primary elections punished. 8. Acceptance of bribe from candidate for nomination. Penalty. 9. Offer to sell vote at primary election or convention. Penalty. 10. Repeating at primary election, etc. Penalty. 11. Bribery by delegates to nominating conventions. Penalty. 12. Bribery by executive committee or return board. Penalty. 13. Bribery or intimidation of executive committee or return board. Penalty. 14. Officers of primary elections to be sworn. Form of oath. 15. Penalty for acting without taking oath. For violation of party rules. For rejection of qualified vote, or acceptance of unqualified vote. Willful fraud. 16. Repeal. Proviso. III. RETURNS OF ELECTION OF MUNI- 17. Mayor to procure certified copy of vote cast for city officers. Certificates to be laid before councils and recorded. Same proceedings in case of special elections. Court to fix polling places. I. Constitutional Provisions. Const. 1874. Qualifications 1. Every male citizen twenty-one years of age, possessing Art. VIII., § 1. the following qualifications, shall be entitled to vote at all elections, subject, however, to such laws requiring and regulat- of electors. ing the registration of electors as the general assembly may enact.1 I. He shall have been a citizen of the United States at least one month. II. He shall have resided in the state one year (or if having previously been a qualified elector, or native born citizen 1 The section amended as above by action of the legislature in accordance with the constitution, ratified by popular vote at the general election held November 5, 1901. Further amendments to Article VIII., adopted at the same time, author ize the passage of laws requiring the registration of electors in cities, providing such laws be uniform for cities of the same class, and the holding of elections by other method than by ballot, providing that secrecy in voting be preserved. |