ELECTIONS-ELECTRIC LIGHT, HEAT, &c., CO'S. 81

Art. IV.

spective branch at the next regular meeting succeeding such 28 May 1889. election, which council shall enter the same among its pro Court to fix ceedings. The court of quarter sessions shall appoint the polling places. places for holding the municipal and general elections in all of the election districts in each of said cities.1

By the Act of May 18, 1893, P. L. 106, the court is empowered, upon petition, to change the polling places, and, in its discretion, to appoint an election to determine their location. By the Act of April 14, 1903, P. L. 187, county commissioners are authorized, at any time at least three weeks prior to any general, municipal,

township or special election, “upon a petition of at least ten qualified electors of any township election division, to change the polling place of said township or election division," being also empowered to direct an election in the meantime to determine the question.

Electric Light, Heat and Power Companies.

[See TELEGRAPH AND TELEPHONE COMPANIES.]

1. Electric light, heat and power companies.

2. Corporate powers enumerated. To supply light, heat and power in boroughs, towns, cities or districts. Right of entry upon streets and highways. Not to occupy streets without consent of councils.

3. Unauthorized interference with electrical appliances and machinery of electric light, heat and power companies, prohibited. Act not to interfere with lawful supervision and control of companies, ma

chinery, etc., by municipality, or right of councils to pass ordinances regulating companies.

4. Penalty for violation of foregoing provisions.

5. Power of municipality to require electric light wires to be placed under ground. Regulation of use of conduits. Condemnation proceedings. Reserved rights of municipality.

6. Power of court to review ordinance upon appeal. Proviso.

1. P. L. 136.

1. [Corporations may be formed for] the manufacture and 8 May 1889. supply of gas, or the supply of light, heat and power by means Electric light, of electricity, or the supply of light, heat or power to the pub-heat and power lic by any other means.

companies.

Id. § 2.

powers enu

2. Companies incorporated under the provisions of this act for the supply of light, heat and power, or any of them, to the Corporate public by electricity, shall, from the date of the letters-patent merated. creating the same, have the powers and be governed, managed and controlled as follows:1

light, heat and

oughs, towns,

tricts.

Clause I. Every such corporation shall have the authority To supply to supply light, heat and power, or any of them, by electricity, power in borto the public in the borough, town, city or district where it cities or dismay be located, and to such persons, partnership and corporations residing therein or adjacent thereto as may desire the same, at such prices as may be agreed upon, and the power also to make, erect and maintain the necessary buildings, machinery and apparatus for supplying such light, heat and

1 The incorporation of companies for the supply of electric light to consumers was not contemplated by the general corporation Act of 1874, § 2, Cl. XI., P. L. 74, authorizing the incorporation of companies "for the manufacture and supply of gas, or the supply of light or heat to the public by any other means." Scranton Electric Light and Heat Co.'s App., 122 Pa. 154. To remedy the omission the amendment of 1889, published above, was passed. Under this statute companies have no exclusive privileges, and cannot

be chartered to supply electricity to more than a single municipality. Home Electric Co., 11 Pa. C. C. R. 179. Where they locate poles on the side of a country road, compensation must be made to the abutting land-owners. Haverford Electric Light Co. v. Hart, 13 Id. 369. The Act of June 2, 1891, P. L. 170, provides for the recovery for damages to trees along the public highways by telegraph, telephone and electric light companies. See title "Telegraph and Telephone Companies," post.

82

ELECTRIC LIGHT, HEAT AND POWER COMPANIES.

upon streets

streets without consent of councils.

25 June 1895.

Unauthorized

interference

appliances and machinery of

electric light,

8 May 1889. power, or any of them, and to distribute the same, with the Right of entry right to enter upon any public street, lane, alley or highway and highways. for such purpose, to alter, inspect and repair its system of distribution; Provided, That no company which may be incorporated under the provisions of this act shall enter upon any Not to occupy street in any city or borough of this commonwealth until after the consent to such entry of the councils of the city or borough in which such street may be located shall have been obtained.1 3. It is hereby made unlawful for any person or persons to § 1. P. L. 302. connect or disconnect any electrical conductors belonging to any company using or engaged in the manufacture and sup with electrical ply of electric current for purposes of light, heat and power or either of them, or to make any connection with any such heat and power electrical conductors for the purpose of using or wasting the electric current, or to in any wise tamper with any meter used to register current consumed, or to interfere with the operating of any dynamo or other electrical appliance of such company, or to tamper with or interfere with the poles, wires or conduits used by such companies, unless such person or persons shall be duly authorized by, or be in the employ of such company; Provided, That nothing in this act shall in any way interfere with any lawful supervision and control of elecvision and contric light and power companies, their electric conductors, apnies, machin pliances, machinery and poles by the municipality within municipality. which such companies are doing business, or by the officers of such municipality, nor shall anything in this act interfere pass ordinances with any right now existing in the councils of any municipalregulating com- ity to pass ordinances relating to and regulating such electric light and power companies.

companies, prohibited.

Act not to in

terfere with lawful super

trol of compa

ery, etc., by

Or right of councils to

panies.

Id. § 2.

Penalty for violation of foregoing provisions.

28 April 1903. 1. P. L. 335. Power of mu

wires to be

4. Any person or persons found guilty of a violation of any of the provisions of section one of this act shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be imprisoned not exceeding one year, or fined not exceeding one thousand dollars, or both, or either, at the discretion of the court.

5. Within the police power of municipal authorities of cities of the third class and boroughs, in this commonwealth, nicipality to there shall be included the right to define, by ordinance, a require electric light reasonable district within which all electric light wires shall placed under be placed under ground, in conduits owned either by the municipality or by corporations owning such wires, or by corporations organized for the purpose of laying such conduits and renting space therein; Provided, That in all cases in which such conduits are owned by any private corporation, partnership or individual, there shall be reserved to the mu

ground.

1

1 Section 3 of this act provides for the acceptance of the provisions of the act by companies theretofore incorporated, the surrender of their former charters and the issuance of new letters-patent thereto by the governor, saving all existing rights: "Provided, That this act shall not

be so construed as to permit any corporation accepting its provisions to enter into any city or borough without assent of councils, except in so far as the councils thereof have heretofore, or shall hereafter give their assent thereto."

ELECTRIC LIGHT, HEAT, &c., CO'S.-ENGINEER.

use of con

83.

nicipality, whether expressed in the ordinance or not, the 28 April 1903. right to regulate, by ordinance, the manner in which such Regulation of conduit shall be used, and the terms and conditions and rate duits. of rental to be charged for space therein, and also the right to take such conduits, either by purchase, upon agreement of the owners thereof and the municipality, or by condemna-proceedings. tion proceedings; in which latter case the court of common pleas, or any judge thereof in vacation, shall, upon petition of the municipal authorities, appoint a jury of seven reputable citizens of the county, not residents of the municipality, and the proceedings shall be the same as are provided by law in the case of the condemnation of land by a railroad company. The municipal authorities shall not have the power Reserved to surrender or barter away any rights herein reserved, either rights of municipality. by ordinance or contract, or otherwise.

to review ordi

appeal.

6. The court of quarter sessions of the proper county shall Id. § 2. have the right to review any ordinance passed in pursuance Power of court of this act, and to annul such ordinance if deemed to be un-nance upon reasonable, upon appeal of any person, partnership or corporation interested; Provided, That such appeal be taken Proviso. within thirty days from the approval and advertisement of such ordinance.

Engineer.

[See REGISTRY OF REAL ESTATE-TOPOGRAPHICAL SURVEY.]

1. Election of city engineer. Term. Vacancies.

2. Assistants.

and estimates. Certificate of municipal improvements. Certificate to be conclusive. To have charge of surveys and regulations.

294.

3. Duties of engineer. To prepare plans 1. The councils of each of said cities of the third class 23 May 1889. Art. V., 3. shall, in joint convention, on the second Monday of April, or cl. 47, P. L. as soon thereafter as practicable, elect by the vote of the ma- Election of jority of the members chosen to both branches, a competent city engineer. civil engineer, who shall be styled the city engineer, and shall serve for a term of three years from the first Monday of May Term. succeeding his election, and until his successor shall be duly qualified. All vacancies shall be filled by councils in like Vacancies. manner for the unexpired term.1

§ 36. P. L. 254.

2. The engineering matters of the city shall be under the 16 May 1901. superintendence, direction and control of the city engineer, and no department of the city shall employ or retain any ad- Assistants. ditional engineer, except with the previous assent of councils, and the city engineer shall appoint such number of assistants and employes as councils shall authorize by ordi

nance.

3. The city engineer shall perform such duties as councils Duties of shall prescribe with reference to the construction, reconstruc- engineer. tion, maintenance and repair of all streets, roads, pavements, sewers, bridges, culverts, and other engineering work. He

The clause amended as above by Act of May 16, 1901, § 16, P. L. 235.

To prepare plans and estimates.

municipal im

provements.

Certificate to be conclusive.

16 May 1901. shall prepare plans, specifications and estimates for all such work undertaken by such city, and shall whenever required furnish councils, the committees thereof, the mayor, public boards, or heads of departments, with reports, information or estimates on any city engineering work, or question submitted by either of them in their official capacities. He shall immediately after the completion of any municipal improvement, the cost and expense of which in whole or in part is to Certificate of be paid by the abutting property, make a certificate in which he shall state the day or time on which the particular improvement was completed, and shall file the same with the city clerk, who shall enter the said day or time of completion in a book to be by him kept for said purposes, and the said day or time mentioned in said certificate shall be conclusive on all parties as to the time the said work was completed; and the time of completion of the work referred to in this section, and in other parts of the act to which this is an amendment, shall be taken to mean the time of the completion of the whole contract for the improvement. He shall also furnish to said clerk a certificate showing the time on which any such particular improvement was commenced, and such certificate shall be conclusive evidence of the time when the said improvement was begun, and an entry of such date shall be made by said To have charge clerk in the books aforesaid. The said city engineer shall also have the charge and direction of all surveys and regulations authorized by any act of assembly or ordinance of such city, and shall perform such other duties as councils shall direct.1

of surveys and regulations.

This and the foregoing section are contained as amendments to Article XVI. of the Act of May 23, 1889, relative to

registry of real estate, but embrace new matter more properly classified under the title to which they are here assigned.

Fines and Penalties.

1. Penal actions and proceedings to be in name of city. Proceedings for violation of ordinances, how to be conducted. When process to be returnable. Right of appeal. Fines to be paid into city treasury. Alderman may hold mayor's police court. not to be liable for fees.

Art. VII., § 8.

and proceed

City

2. Appeals in cities of third class, regulated.

3. Appeals in cases of summary conviction. Costs and security.

4. Maintenance of prisoners committed in default of payment of fines to be paid by municipality.

23 May 1889. 1. All actions, prosecutions, complaints and proceedings P. L. 300 for the violation of the ordinances of the city, and for fines, Penal actions penalties and forfeitures imposed thereby, shall be instituted. ings to be in in the corporate name of the city, and may be conducted in name of city. the manner prescribed by law. Proceedings for the violation Proceedings for of the city ordinances may be commenced by warrant or sumdinances, how mons, at the discretion of the mayor or alderman before whom the complaint is made; but no warrant shall be issued except upon complaint, upon oath or affirmation, specifying the ordinance for the violation of which the same is issued;1 and all process shall be directed to, and served by any policeman or

violation of or

to be conducted.

See Pittston v. Rosenthal, 9 Kulp 547.

When process

able.

appeal.

constable of the city, who shall execute the same anywhere 23 May 1889. within the city, or in the county of which it is part, or elsewhere, as may be provided by law. Warrants shall be return able forthwith, and every summons shall be returnable in not to be return less than five nor more than eight days from the date thereof, and upon such return the like proceedings shall be had in all cases as are or may be directed by law in relation to summary convictions or proceedings for the recovery of penalties before justices of the peace, with the same right of appeal from any Right of final judgment entered therein.1 All fines and penalties for the violation of the city ordinances shall be paid over by the Fines to be magistrate before whom the same are recovered, into the city treasury. treasury, monthly, accordingly to a statement thereof, certified by oath or affirmation before the city controller, and filed with him. Any alderman of the city may, at the request of the mayor or acting mayor, where either are for Alderman may any reason unable to act, attend the mayor's police court, police court. and there perform all such duties and exercise all such powers as to which he has concurrent jurisdiction with the mayor, and for such services shall be allowed his statutory fees; liable for fees. Provided, That the city shall not be liable therefor.2

paid into city

hold mayor's

City not to be

§ 33. P. L. 248.

class, regu

2. If any person shall think himself aggrieved by any 23 May 1874. judgment against him as defendant, by the mayor or any Appeals in alderman of any of the said cities of the third class, in any cities of third action, prosecution or proceeding for any fines, penalties or fated. forfeitures, imposed or enacted by or under any law or statute of this commonwealth relative to the said city, such person may, if the said judgment shall exceed the sum of five dollars, exclusive of costs, appeal from the said judgment to the court of common pleas of the county, in the manner and subject to the same requirements as is provided by law for appeals from justices of the peace.3

Appeals in

convic

3. In all cases of summary conviction in this common- 17 April 1876. wealth, before a magistrate or court not of record, the defend-1. P. L. 29. ant may, within five days after such conviction, appeal to the cases of sumcourt of quarter sessions of the county in which such magis-mon trate shall reside, or court not of record shall be held, upon entering into good and sufficient recognizance, with one or more sureties, to answer said complaint on a charge of misdemeanor before said court; and either party may also appeal from the judgment of a magistrate, or a court not of record, in a suit for a penalty, to the court of common pleas of the county in which said judgment shall be rendered, upon allow1 See Johnstown v. Rose, 28 Pa. C. C. R. 188.

2 The section amended as above by Act of May 16, 1901, § 22, P. L. 239. In such case the record must show that the alderman is acting by the request of the mayor. Commonwealth v. Durham, 11 Dist. R. 663, which see as to the requirements of the docket entries in cases of summary conviction; also Scranton v. Clark, 14 Id. 643.

3 Upon a certiorari it is essential to the validity of the magistrate's record that it contain a finding that a specific act has been committed by the defendant, and also that it has been committed within the county. Noftsker v. Commonwealth, 8 Dist. R. 572. As to requisites of record in actions for violation of city ordinances, see City v. Duncan, 4 Phila. R. 145; Commonwealth v. Hill, 3 Dist. R. 216.