USA > Pennsylvania > Philadelphia County > Philadelphia > The Philadelphia Directory, 1833 > Part 53
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Coram,
J. HUMES, Register.
December. 31, 1831 .- Timothy Paxson and Thomas P. Cope, two of the Executors, affirmed, and Joseph Roberts, William J. Duane, and John A. Barclay, the other Execu- tors, sworn, and letters testamentary granted unto them .-
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AN ACT
To enable the Mayor, Aldermen and Citizens of Philadelphia, to carry into effect certain improvements, and execute certain trusts.
WHEREAS, by the last will and testament of Stephen Girard, late of the city of Philadelphia, deceased, the sum of Five Hundred Thousand Dollars is bequeathed to the mayor, aldermen, and citi- zens of Philadelphia, in trust, among other things to apply the in- come thereof " First, to lay out, regulate, curb, light, and pave a passage or street on the cast part of the city of Philadelphia, front- ing the river Delaware, not less than twenty-one feet wide, and to be called Delaware Avenue, extending from South or Cedar street, all along the cast part of Water street squares, and the west side of the logs which form the heads of the docks or thereabouts, and to this intent to obtain such acts of Assembly, and to make such purchases or agreements as will enable the mayor, aldermen, and citizens of Philadelphia, to remove or pull down all the buildings, fences, and obstructions, which may be in the way, and to prohi- bit all buildings, fences, or erections of any kind, to the eastward of said avenue, to fill up the heads of such of the docks as may not afford sufficient room for the said street, to compel the owners of wharves to keep them clean and covered completely with gravel or other hard materials, and to be so levelled that water will not remain there- on after a shower of rain; to completely clean and keep clean all the docks within the limits of the city fronting on the Delaware, and to pull down all platforms carried out from the east part of the city over the river Delaware on piles or pillars." " Second, to pull down and remove all wooden buildings, as well those made of wood and other combustible materials, as those called brick paned or framed buildings, filled in with bricks, that are erected within the limits of the city of Philadelphia ; and also to prohibit the erection of any such building within the said city's limits at any future time." " Third, to widen, pave, and curb Water street, and to distribute the Schuylkill water therein, upon" a certain plan therein set forth. Now, for the purpose of enabling the mayor, aldermen, and citizens of Philadelphia aforesaid, to effect the improvements contemplated by the said testator, and to execute in all other respects the trusts created by this will, to enable the constituted authorities of
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the city of Philadelphia to carry which into effect, the said Stephen Girard has desired the legislature to enact the necessary laws.
SECTION 1. Be it enacted by the Senate and House of Repre- sentatives of the Commonwealth of Pennsylvania, in General As- sembly met, and it is hereby enacted by the authority of the same : That it shall and may be lawful for the mayor, aldermen, and cit- izens of Philadelphia, by ordinance lawfully enacted, or the interven- tion and act of authorized officers, or agents to lay out, regulate, curb, light, and pave a passage or street not less than twenty-one feet in width on the east part of the city of Philadelphia, fronting the river Delaware, at such distance or distances in the several parts thereof from the eastern line of Water street, as they shall judge proper, extending from Vine to Cedar streets, to be called the Delaware Avenue; and that having laid out such street, they shall cause a re- cord of the same to be made in the Court of Quarter Sessions for the County of Philadelphia.
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1 SECTION 2. And be it further enacted by the authority aforesoid: That it shall be lawful for the mayor, aldermen, and citizens of Philadelphia aforesaid, to lay out Water street, in the said city, anew, in such manner as that the same shall be as nearly straight as conve- niently may be, and of a uniform or as near as may be uniform width throughout, not less than thirty-nine feet if practicable, and the same to open and keep open for ever, as a common and public highway, and that having laid out said Water street of such increased width, they shall cause a record of the same to be made in the Court of Quarter Sessions for the County of Philadelphia.
SECTION 3. And be it further enacted by the authority aforesaid, That it shall be lawful for the mayor, aldermen, and citizens afore- said, to pass ordinances or take other measures for regulating, ad- justing, and determining the easternmost line to which wharves may hereafter lawfully be constructed on the river Delaware fronting said city, and to cause a record of such regulated line to be made in the Court of Quarter Sessions for the County of Philadelphia ; to fix and decide on, or cause their officers to fix and decide on the levels of all wharves fronting the said city, and to declare the regulation thereof, to require the owners thereof to pave the same or to lay them with gravel according to such regulation, so as effectually to drain and pass off the water from the same, and to require all persons owning and occupying or using docks or wharves, to clean the same and to keep the same in repair, and to prescribe the form, materials, and character of workmanship of all wharves hereafter to be constructed, and to require all platforms now projecting into the river Delaware, and supported on piles, pillars, or piers, to be removed, and to prohib- it the construction in future of any such projecting platforms, and to require the removal and prohibit the construction in future of all buildings, fences, and other obstructions to the eastward of Delaware Avenue above mentioned, and to declare all erections and construc- tions whatsoever contrary to the said ordinances, whether erected before or after the passage of the same, to be nuisances, and gene-
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rally to devise, ordain and execute whatever other things shall by them the said mayor, aldermen, and citizens of Philadelphia, be deemed ncessary or convenient for the good arrangement, security and government of the said wharves. PROVIDED, That the eastern- most line of the said wharves shall not bo held to be finally deter- mined, and the record thereof shall not be made as aforesaid, unless the board of Wardens of the port of Philadelphia shall decide, and make their certificates in writing, that such easternmost line is not inconsistent with the public interests; which certificates shall also be recorded in the said Court of Quarter Sessions : but if the said certificates shall not be granted by them within three months after application made therefor, the refusal or omission of the said board of Wardens to grant such certificates, shall when duly ratified by affi- davit, be esteemed the judgment and decisions of the said board of Wardens, that such casternmost line is inconsistent with the public interests ; and in case such a decision shall in anywise be made, an appeal shall lie thereupon to the said Court of Quarter Sessions, as in other cases ; and the judgment of the said Court in favor of such regulated line, shall be for all purposes equivalent to a similar decision by the said board of Wardens. PROVIDED : That no- thing herein contained, shall be construed to give authority to any one to erect wharves or piers, extending out as far as the said regu- lated easternmost line, without license from the said board of War- dens as heretofore.
SECTION 4. And be it further enacted by the authority afore- said, That it shall be lawful for the mayor, aldermen and citizens of Philadelphia aforesaid, to pass ordinances prohibiting the construc- tion within the said city, or any part thereof, of all framed or brick- paned, or other buildings, the walls whereof are not wholly compos- ed of incombustible materials, determining the thickness of which walls of buildings of different dimensions and character shall here- after be made in the said city ; and in making all such other legal provisions, as they shall think expedient for preventing the exten- sion of injuries from fire in the said city, and to declare all buil- dings the walls whercof are not wholly composed of incombusti- ble materials to be nuisances.
SECTION 5. And be it further enacted by the authority afore- said, That when any of the said ordinances shall have been passed, or other proceedings had in relation to the said Delaware Avenue and Water street, or either of them, and the record thereof shall have been made as aforesaid, it shall be lawful for the mayor, al- dermen and citizens of Philadelphia aforesaid, to proceed from time to time to open for public use, any part or parts thereof, and the same to keep open as comnon and public highways forever, and to that end to enter upon such property as may be found to be within the same ; construct wharves extending into the river within the lines of said Delaware Avenue, and to a reasonable distance beyond the same, and fill up all docks within the limits thereof : and remove all obstructions, of whatever kind, within the limits of said avenue and
street, or any parts thereof, and level, drain, pitch and pave the same, as other streets in the said city. And from and after the passing of such ordinances, and the record of the said avenue and street, all buildings thereafter erected or rebuilt on the said avenue and street, shall conform to the recorded limits of the same, and the mayor, aldermen, and citizens of Philadelphia aforesaid, may pass ordinan- ces declaring all obstructions within the same to be nuisances.
SECTION 6. And be it further enacted by the authority afore- said, That it shall at all times be lawful for the mayor, aldermen, and citizens of Philadelphia aforesaid, to remove and abate any building, erection, or obstruction whatever, which by this act, or by any ordinance to be hereafter passed, by virtue of it, may be decla- red a nuisance ; PROVIDED : That if such building, erection, or ob- struction shall have been in existence at the time of the passage of this act, or of such ordinance passed by virtue thereof, the mayor, aldermen and citizens aforesaid shall give at least three months notice of their intention to remove the same to the persons having the ownership, occupation or use thereof ; or in case no such person shall be known to them, then they shall affix a copy of such notice to and upon such building, erection or obstruction, three months be- fore proceeding to remove the same.
SECTION 7. And be it further enacted by the authority aforesaid, That it shall be lawful for the said mayor, aldermen and citizens of Philadelphia aforesaid, to provide for the punishment of any person or persons who shall commit any nuisance contrary to the intent and meaning of this act, and of the ordinances which may be passed by virtue thereof, and of any person or persons who having commit- ted any such nuisance, shall, after notice, refuse or neglect to remove , the same.
SECTION 8. And be it further enacted by the authority aforsaid, That all persons whatsoever, who shall receive damage to their property by reason of any thing which shall have been done by the mayor, aldermen and citizens of Philadelphia, under this act or any ordinances passed by virtue thereof, may, after three days no- tice of such their intention to the mayor, aldermen and citizens afore- said, apply by petition in writing to the Court of Quarter Sessions for the County of Philadelphia, who shall thereupon appoint a jury of twelve disinterested freeholders, citizens of the city of Philadelphia, which jury shall assemble after ten days notice of their meeting given as aforesaid, and shall be sworn or affirmed, to inquire what dama- ges the petitioners, or any of them, have sustained by reason of any thing so done, considering as well the advantages which may accrue to such petitioners as the injuries by them complained of; and the said jury having viewed the premises, and heard the parties or their counsel, shall report in writing under the hands of at least ten jurors, and their report having been considered and confirmed by the. Court, the damages thereby found shall be paid by the mayor, al- dermen and citizens aforesaid, in six months after the confirmation of the said report.
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SECTION 9. And be it further enacted by the authority afore- said, That if the mayor, aldermen and citizens aforesaid, shall deem it expedient that the damages should be legally ascertained be- fore proceeding to enter on premises for the purpose of removing obstructions, and before appropriating to public use any property of individuals, or otherwise injuriously affecting the rights and inte- rests of any proprietor, the mayor, aldermen and citizens aforesaid, may from time to time apply to the Court of Quarter Sessions for the County of Philadelphia, by petition in writing, specifying there- in as nearly as may be the persons and property in regard to which they desire that the damages should be ascertaincd, and there- upon the said Court shall appoint a jury of twelve disinterested free- holders, citizens of the city of Philadelphia, which jury shall assem- ble after ten days notice of their meeting given to the owners or occupiers of the property, and shall be sworn or affirmed as is provi- ded in the foregoing section of this act, and having viewed and heard as is therein provided, shall report in writing under the handy of at least ten jurors, specifying in their said report, as well the causes for which damages, if any, should be paid, as the amounts of such damages, and in such case the mayor, aldermen and ci- tizens aforesaid, may, within one year after the confirmation of such report by the Court of Quarter Sessions, tender to any owner of property named therein, the amount of damages thereby found in his favour, or may pay the same into Court for his use or benefit, and may thereafter proceed to enter upon the premises and remove the obstructions, or appropriate the property for which damages shall have been so paid or tendered, first giving three months notice to the tenant in possession, if any. PROVIDED HOWEVER : That if the amount so found by such jury in favour of any person, shall not be so tendered orpaid within one year after the confirmation of such report, then the proceedings had upon the said petition of the mayor, al- dermen and citizens aforesaid, shall, so far as relates to the said owner, be null and void ; the mayor, aldermen and citizens afore- said, may thereafter present their petition in writing anew under this section, as if no proceedings had before been had: AND PROVIDED ALSO : That when a report shall have been made by a jury under the provisions of this section, and damages shall have been tendered or paid in accordance therewith, if thereafter any other damage than that reported on shall be sustained, the party aggrie- ved may thereafter apply in regard to such other damages, for a jury to assess the same under the eighth section of this act. PROVIDED FURTHER : That it shall at all times be competent to the mayor, aldermen and citizens aforesaid, to agree with any owner or owners of property so to be taken, removed or affected, for the damages thereby to be occasioned, and such agreements shall be instead of any proceedings detailed in this or the foregoing sections of this act; And forusmuch as in the course of time it may appear that powers are not vested in the said mayor, aldermen and citizens of Phil- adelphia, which may be yet required to the full execution of those
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parts of the said will of the said Stephen Girard, for the carrying of which into effect, he has in his said will requested legislative pro- vision, and it is the object and intent of this act fully to confer all such powers.
SECTION 10. Be it further enacted by the authority afore- suid, That it shall be lawful for the mayor, aldermen and citizens of Philadelphia, to exercise all such jurisdiction, enact all such ordinan- ces, and execute all such acts and things whatsoever, as may be necessary and convenient for the full and entire acceptance, execu- tion and prosecution of any and all the devises and bequests, trusts and provisions contained in the said will, which are the subjects of the preceding parts of this act, and to enable the constituted au- thorities of the City of Philadelphia to carry which into effect, the said Stephen Girard has desired the Legislature to enact the neces- sary laws.
SECTION 11. And be it further enacted by the authority afore- said, That no road or street shall be laid out, or passed through the land in the county of Philadelphia, bequeathed by the late Stephen Girard for the erection of a College, unless the same shall be recom- mended by the Trustees or Directors of said College, and appro- ved of by a majority of the Select and Common Councils of the city of Philadelphia.
JOHN LAPORTE, Speaker of the House of Representatives. WILLIAM G. HAWKINS, Speaker of the Senate.
APPROVED the twenty-fourth day of March, A. D. one thousand eight hundred and thirty-two.
GEORGE WOLF.
Secretary's Office, Harrisburg, March 31, 1832.
I hereby certify that the above and foregoing is a true copy of the original law remaining on file and of record in the said office.
Witness my hand and the seal of said Office the day
SEAL. and year aforesaid.
JAMES TRIMBLE, Deputy Secretary.
A SUPPLEMENT
To the act entitled " An Act to enable the Mayor, Aldermen and Citizens of Philadelphia, to carry into effect certain improvements, and to execute certain trusts."
SECTION 1. Be it cnacted by the Senate and House of Repre- sentatives of the Commonwealth of Pennsylvania, in General As- sembly met, and it is hereby enacted by the authority of the same, That the Select and Common Councils of the city of Philadelphia shall be, and they are hereby authorized to provide by ordinance or otherwise, for the election or appointment of such Officers or Agents
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as they may deem essential to the due execution of the duties and trusts enjoined and created by the will of the late Stephen Girard. JOHN LAPORTE, Speaker of the House of Representatives. WILLIAM G. HAWKINS, Speaker of the Senate.
APPROVED the fourth day of April, Anno Domino, one thousand eight hundred and thirty-two.
GEORGE WOLF.
Secretary's Office, Harrisburg, April 4, 1832.
I hereby certify that the above is a true copy of the original remaining on file and of record in the said office.
Witness my hand and the scal of said Offico the day
SEAL. and year aforesaid.
SAMUEL M'KEAN.
Girard Trust Office, No. 163, Chesnut Strcet.
BRITAIN COOPER, Treasurer. CHARLES JOHNSON, sen. Agent for Real Estate. COMMISSIONERS. Joshua Lippincott, President.
Charles Massey,
Joseph R. Chandler,
Manuel Eyre,
Henry Troth,
Robert McMullin,
Lawrence Lewis,
J. J. Borie.
John Swift.
Morgan Ash, Secretary.
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Directors of the Girard College.
Nicholas Biddle, President.
George B. Wood,
Joseph McIlvaine,
Thomas McEuen,
George W. Toland,
William H. Keating,
John M. Keagy,
Richard Price,
William M. Meredith,
Benjamin W. Richards,
Thomas Dunlap,
Charles Bird,
Algernon S. Roberts, John Steele, J. C. Stocker.
James Bayard, Secretary.
S
COURTS HELD AT PHILADELPHIA.
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Supreme Court of the Commonwealth.
JOHN B. GIBSON, Chief Justice.
Molton C. Rogers, Charles Huston, John Ross, John Kennedy,
Associate Justices.
District Court for the City and County of Philadelphia, held by Law Judges.
JOSEPH BARNES, President.
Charles S. Coxe,
Thomas M. Pettit,
Judges.
Court of Commom Pleas, Quarter Sessions, and Orphans' Court, for the County of Philadelphia.
EDWARD KING, President. Joel B. Sutherland, Associate Law Judge. Hugh Ferguson,
J. T. Knight, Associate Judges.
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Mayors Court of the City of Philadelphia. Held by the Mayor and Recorder and any one Alderman-or by the Mayor, or Recorder and any two Aldermen.
John Swift, Mayor. Joseph M'Ilvaine, Recorder.
JOHN BIOREN, PRITTER-86, SOUTH THIRD STREET-PHILADELPHIA.
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5947
OLD I'STABLISHED
Blank-Book Manufactory.
IMPROVED
PATENT RULING AND BINDING.
R. DESILVER,
NO. 110 WALNUT STREET, PHILAD.
Has made such improvements in his Patent Ruling Machine, as ena- bles him to Feint Rule all Books Bound by him
FREE OF CHARGE.
His customers will find his work in all respects execu- ted in the best manner, and all orders attended to with punctuality, neatness and dispatch.
Blank-Books ruled and bound to any pattern. Blank-Books and Stationary, &c. always on hand. A great variety of Albums, Scrap Books, &c. Thesis paper and Note paper for Medical Students.
An assortment of Masoni. Aprons, and a variety of Masonic Books may be had as above.
TOWN'S Stereotype Foundry pod Dinting-Office, in the Court between 110 & 1.9. Valnut St. Stereotype and Printing generally, neatly executed, at low price
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