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How recoverable.

Commitment

the same shall be in conformity with the provisions of

this act. Violations.

Section 15. Any violations of any of the provisions

of this act shall subject the person or persons, so ofFine and penalty. fending, to a fine or penalty of not less than ten dol

lars nor more than one hundred dollars; and any such violation of the provisions of this act, if continued after the first fine is imposed therefor, shall, for every week of such continuance, be punishable by an additional fine of not less than ten dollars nor more than one hundred dollars. All such fines and penalties shall be recoverable by summary proceedings before the recorder, mayor, or any alderman or police magistate, in any of said cities; and all suits or actions at law, instituted for the recovery thereof, shall be in the name and for the use of the city within or against which the offense is committed, and upon

the recovery thereof all such fines and penalties shall be paid to the city treasury thereof. In default of the payment of any fine or penalty imposed by any such authority, the person or persons so offending may be committed to the jail, workhouse or other penal institution of the county in which said city is situated, for a period not exceeding thirty days.

Section 16. Whenever any owner or builder shall deem himself aggrieved by any decision of the superintendent of building inspection, made in performance

of the powers conferred upon him by this act, such Appeal.

owner or builder shall be entitled to an appeal from such decision, as provided by section five of the act to which this is a supplement.

Section 17. Whenever any of such cities shall have incurred expense in enforcing any of the provisions

of this act, imposing duties upon persons or corporaCity's right of tions, such cities shall have the right to recover the

same, by action of assumpsit, from the owners or oc-
cupants of the premises, or other persons or corpora-
tions failing or refusing to comply with or execute the
same.
Approved–The 30th day of March, A. D. 1903.

SAML. W. PENNYPACKER.

recovery.

No. 88.

AN ACT

class.

Amending clause twenty-two of section three of article five, and sections one and two of article thirteen, of an act, entitled "An act providing for the incorporation and goyernment of cities of the third class,” approved the twentythird day of May, Anno Domini one thousand eight hundred and eighty-nine, and amending clauses ten and forty of said section three, article five, and section eleven of article six, and section four of article sixteen, of said act, as the same were enacted by amendment, by an act revising and amending said act, approved the sixteenth day of May, Anno Domini one thousand nine hundred and one.

Section 1. Be it enacted, &c., That an act, entitled "An act providing for the incorporation and government of cities of the third class," approved the twenty- Citles of the third third day of May, Anno Domini one thousand eight hundred and eighty-nine, be and the same is hereby amended as follows:

That clause ten of section three of article five of said act, as the same was amended by an act revising and amending said act, approved May sixteenth, Anno Domini one thousand nine hundred and one, which now reads as follows:

“X. To cause to be graded, paved or macadamized Section 8, act of any public street, lane or alley, or part thereof, which for amendment. is now or may hereafter be laid out and opened in any of said cities, and have the same set with curbstone, and to provide for the payment of the cost and expenses thereof, in whole or in part, by the city or by the owners of real estate bounding and abutting thereon; which cost and expense, upon the abutting real estate, shall be assessed according to the foot front rule or according to benefits, as councils shall by ordinance determine, except that in case of grading only the said cost and expense shall be assessed according to benefits; when the costs and expenses or any part thereof are to be paid for by the foot front rule, the city shall assess or cause to be assessed the said cost and expense upon the real estate abounding or abutting on the line of the improvement, by an equal assessment on said property, in proportion to the number of feet the same fronts on the respective street, lane or alley or part thereof to be improved; and the councils may provide for an equitable reduction from the frontage of lots at all streets and other intersections, and at other places where, from the peculiar or the pointed shape of the lots, an assessment for the full frontage would be inequitable and unequal. When the costs and expenses of any grading, paving, macadamizing or other improvement of any street, lane or alley, or part thereof, is to be paid for by the real estate, abutting as aforesaid, according to benefits, the same

shall be assessed by viewers appointed by the court of common pleas, as is now or shall be hereafter provided by act of Assembly. But no ordinance shall be passed providing for the paving, macadamizing, grading or other improvement of any street, avenue, lane or alley, or part thereof, or for the opening, widening, straightening, extending or vacating thereof, except upon the petition of a majority in number or interest of the owners of property abutting on the line of the proposed improvement, to be verified by the affidavit of one or more of the petitioners (a majority in interest of owners of undivided interests in any piece of property to be deemed and treated as one person, for the purpose of said petition), unless the ordinance for such improvement shall have been passed by a vote of three-fourths of all the members of each branch of councils, in which case councils may direct the improvements to be made at the cost of the owners without petition: Provided, however, That no such ordinance ordering any street or alley or part thereof to be thus improved without a petition therefor, shall be finally passed in a less period than thirty days from the day of its introduction; and in the meantime copies of such ordinance shall be published in the official newspaper or newspapers of said cities, once a week for three consecutive weeks, immediately following the introduction thereof, and in case said cities shall have no official newspaper, then in at least two newspapers published in the county in which such city is situated, once a wcek for three consecutive weeks: Provided, however, that the requirements for such publication shall not preclude the amendment of any paving ordinance as to the kind of pavement with which any street or alley, or part thereof, is proposed to be paved. The passage of the ordinance providing for any of the aforesaid improvements upon petition therefor, and the publication of he names of the petitioners in the manner provided in section twenty-six of article fifteen of this act, shall be conclusive that a majority in number or interest have petitioned therefor. The cost and expense of any improvement done and completed under an ordinance providing for the assessment of the cost and expense thereof under the foot front rule, may be assessed according to benefits upon the passage of an ordinance to that effect, which assessment, according to benefits, shall be made in like manner and with like effect as if the original ordinance providing for the improvement had therein provided for such assessment,” be and the same is hereby amerded to read as follows:

X. To cause to be graded, paved or macadamized any public street, lane or alley, or part thereof, which is now or may hereafter be laid out and opened in any of said cities, and the same set with curbstone, and to

Grading, paving and curbing.

pense.

tion,

provide for the payment of the cost and expense there. Cost and exof, in whole or in part, by the city or by the owners of real estate bounding and abutting thereon; which cost and expense, upon the abutting real estate, shall be assessed according to the foot front rule or according to benefits, as councils shall by ordinance determine. When the costs and expenses, or any part thereof, are to be paid for by the foot front rule, the city shall assess or cause to be assessed the said cost and expense upon the real estate abounding or abutting on the line of the improvement, by an equal assessment on said property, in proportion to the number of feet the same fronts on the respective street, lane or alley, or part thereof, to be improved; and the councils may provide for an equitable reduction from the Equitable reducfrontage of lots at all street and other intersections, and at other places where, from the peculiar or the pointed shape of the lots, an assessment for the full frontage would be inequitable and unequal. When the costs and expenses of any grading, paving, macadamizing or other improvement of any street, lane or alley, or part thereof, is to be paid for by the real estate, abutting as aforesaid, according to benefits, the same shall be assessed by viewers appointed by the l'iewers. court of common pleas, as is now or shall hereafter be provided by act of Assembly. But no ordinance shall be passed providing for the paving, macadamizing, grading or other improvement of any street, avenue, lane or alley, or part thereof, or for the opening, widening, straightening, extending or vacating thereof, except upon the petition of a majority in number or of a Petition. majority in interest of the owners of property abutting on the line of the proposed improvement, to be verified by the affidavit of one or more of the petitioners (a Afidavit. majority in interest of owners of undivided interests in any one piece of property to be deemed and treated as one person, for the purpose of said petition), unless the ordinance for such improvement shall have been passed by a vote of three-fourths of all the members of each branch of councils, in which case councils may direct the improvement to be made at the cost of the owners without petition: Provided, however, That no Proviso. such ordinance ordering any street or alley or part thereof to be thus improved without a petition therefor, shall be finally passed in a less period than thirty days from the date of its introduction; and in the meantime copies of such ordinance shall be published in the official newspaper or newspapers of said cities, Publication. once a week for three consecutive weeks: Provided, Proviso. however, That the requirements for such publication shall not preclude the amendment of any paving ordinance as to the kind of pavement with which any street or alley, or part thereof, is proposed to be paved. The passage of the ordinance providing for any of the

Improvements.

Proviso.

Publication,

Assessment according to beneats.

Clause XXII, section 3, article V, act of May 23, 1889, cited for amendment.

aforesaid improvements, upon petition therefor, shall be conclusive of the fact that a majority in number of the persons owning or holding property on the line of the improvement, or that the persons owning a majority of the feet front thereon, as the case may be, have petitioned therefor: Provided, That no ordinance for any of the aforesaid purposes petitioned for, shall be passed in any branch of councils until notice of the improvement prayed for, with the names of the petitions, shall have been given by publication in one or more newspapers published in the respective city, which notice shall be by at least one insertion in said newspaper or newspapers, and at least five days previous to the passage of the said ordinance by the branch in which it was first introduced. The cost and expense of any improvement, done and completed under an ordinance providing for the assessment of the cost and expense thereof under the foot front rule, may be assessed according to benefits upon the passage of an ordinance to that effect, which as. sessment according to benefits shall be made in like manner and with like effect as if the original ordi. nance providing for the improvement had therein provided for such assessment.

Section 2. That clause twenty-two of said section three, article five, which reads as follows:

"XXII. To erect or purchase, establish and maintain hospitals, prisons, workhouses and houses of correction for juvenile or other offenders, and to prescribe regulations for the government thereof, and also to erect all public buildings necessary for the use of the city or any department thereof," be and the same is hereby amended to read as follows:

XXII. To erect or purchase, establish and maintain, hospitals, prisons, workhouses and houses of correc tion for juvenile or other offenders, and to prescribe regulations for the government thereof, and also to erect all public buildings necessary for the use of the city and of any department thereof; to purchase or take, use and occupy private lands, upon which to erect any of the said buildings; to purchase, take, use and occupy, within the limits of the respective city, or within the county adjacent thereto, private lands, upon which to establish and maintain a hospital or hospitals, for the treatment and separation of persons suffering with contagious and infectious diseases; to purchase or take, use and occupy, within the limits of such city, or within the county adjacent thereto, private lands, upon which to establish and maintain a poor-farm, with all necessary and convenient buildings and appliances, where the city may support and maintain such poor persons as such city is by law required to support and maintain; and the damages accruing by reason of the acquisition of any private property, for the purposes aforesaid, shall be compensated in the manner now, or which may be here

To erect or purchase hospitals, prisons, workhouses, etc.,

To purchase or
take, use and oc-
cupy private
lands,

Poor-farm.

Damages.

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