USA > Pennsylvania > The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. IX > Part 20
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to effect the improvements contemplated by the said testator, and to execute in all other respects the trusts created by his will:
SECT. 1. Be it enacted, &c. That it shall and may be lawful for the Mayor, &c. by ordinance or by act of authorized officers or agents, to lay out, regulate, curb, light, and pave a passage or street, not less than twen- ty-one feet in width, on the east part of the city of Phi- ladelphia, fronting the river Delaware, at such distance or distances in the several parts thereof, from the eas- tern line of Water street, as they shall judge proper, extending from Vine to Cedar street, to be called the Delaware Avenue, and the same to be open and kept open for ever, as a common and public highway; 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 ...
SECT. 2. That it shall be lawful, &c., for the Mayor, &c., by ordinance, &c., to lay out Water street, in said city, anew, in such manner as that the same shall be as nearly straight as conveniently 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 cause a record of the same to be made in the Court of Quarter Sessions for the county of Philadelphia.
SECT. 3. That it shall be lawful, &c., for the Mayor, &c., to pass ordinances, or take other measures for re- gulating, adjusting, and determining the eastern- most line to which wharves may thereafter 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,-to fix and de- cide on, or cause their officers to fix and decide on the levels of such wharves, to require the owners thereof to pave the same, or 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 to cleanse the same, and to prescribe the form, materials, and charac- ter of workmanship of all wharves hereafter to be con- structed, and to require all platforms now projecting into the said river, and supported on piles, pillars, or piers, to be removed, and to prohibit the construction in future, of any such projecting platforms, and to re- quire the removal and prohibit the construction in fu- ture of all buildings, fences, and other obstructions, to the eastward of Delaware Avenue, above mentioned, and to declare all erections and constructions whatsocv- er, contrary to the said ordinances, whether creeted be- fore or after the passage of the same, to be nuisances; and generally to devise, ordain, and execute whatever other things shall to them, the said the Mayor, &c., bc deemed necessary or convenient, for the good arrange- ment, security, and government of the said wharves;
Provided, that the castern line of the said wharves shall not be held to be finally determined, and the re- cords thereof shall not be made as aforesaid, unless the" board of Wardens of the Port of Philadelphia shall make their certificate in writing, that such easternmost line is not inconsistent with the public interests; which certificate shall also be recorded in the court of Quarter Sessions; but if the said certificate shall not be granted by them within three months after application made therefor, an appeal shall then lie from their decision to the court of Quarter Sessions, as in other ov.ses; and on such appeal, their refusal or omission as aforesaid, to give such certificate, shall, when verified by affidavit, be esteemed their judgment in the premises. Provided, that nothing herein contained shall be construed to give authority to any one to erect wharves or piers extend- ing out as far as the said regulated easternmost line without license from the said board of Wardens, as heretofore.
Sucv. 4. That it shall be lawful, &c., for the May-
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or, &c., to pass ordinances to prohibit the construction within the said city, or any parts thereof, of all framed or brick-paned, or other buildings, the walls whereof are not wholly composed of incombustible materials, to determine the thickness of which walls of buildings of different dimensions and character, shall hereafter be made in the said city, and to make all such other legal provisions as they shall think expedient, for preventing the extension of injuries from fire in the said city; and to declare all buildings, the walls whereof are not wholly composed of incombustible materials, to be nui- sances.
SECT. 5. When any of the said ordinances shall have been passed, or other proceedings had in relation to the said Delaware Avenue and Water street, and the regu- lation of the limits thereof shall have been duly record- ed, it shall be lawful, &c., for the Mayor, &c., to pro- ceed from time to time, to open for the public use, any part or parts thereof; and to that end to enter upon such property as may be within the same; construct wharves extending into the river within the lines of said Delaware Avenue, and fill up all docks within the li- mits thereof, and remove all obstructions of whatever kind from within the limits of said Avenue and Street, or any part or 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, &c., may pass ordinances declaring all obstructions within the same to be nuisances.
SECT 6. That it shall at all times be lawful for the Mayor, &c., to remove and abate any building, erection, or obstruction whatever, which by this Act, or by any Ordinance to he hereafter passed by virtue of it, may be declared a nuisance. Provided, that if such building, erection, or obstruction, shall have been in ex- istence at the time of the passage of this act, or of such ordinance, passed by virtue hereof, the Mayor, &c. shall give at least three months' notice of their intention to remove the same, to the persons having the owner- ship, occupation, or use thereof; or, in case no such person shall be known to them, they shall affix a copy of such notice to and upon such a building, &c. three months before proceeding to remove the same.
SECT. 7. That it shall be lawful, &c. for the said Mayor, &c. to provide for the punishment of any per- son or persons who shall knowingly and wilfully commit any nuisance, contrary to the intent and meaning of this Act, and of the Ordinances which may be passed by vir- tue thereof, and of any person or persons, who, having committed any nuisance, contrary, &c., shall, after notice, refuse or neglect to remove the same.
SECT 8. That all persons whatsoever, who shall re- ceive damage to their property by reason of any thing to be done by the said Mayor, &c. under this Act or the Ordinances passed by virtue thereof, may, after ten days' notice of such intention, to the said the Mayor, &c., apply, by petition in writing, to the Court of Quarter Sessions for the county of Philadelphia, who shall there- upon appoint a jury of twelve freeholders, citizens of Philadelphia, which jury shall assemble, notice having been first given of their meeting in manner aforesaid, and shall be sworn to ascertain the damages, &c. con- sidering as well advantages as disadvantages, &c. and shall report into Court; and the damages so report- ed sball be paid by the Mayor, &c., in six months after confirmation of report.
SECT. 9. But, if the said the Mayor, &c. shall deem it expedient that the damages should be ascertain- ed before proceeding to enter on premises for the pur- pcse of removing obstructions, and before appropria- ting to public use any property of individuals, or other- wise injuriously affecting the rights and interests of any proprietor, the Mayor, &c., may from time to time ap- ply to the Court of Quarter Sessions for jury, as before,
who shall be sworn as before, and report, specifying, in such case, as well the causes for which damages, if any, should he paid, as the amount of such damage; and in such case, the Mayor, &c., may, within one year, tender such amount as jury shall report, and thereafter proceed to enter upon, appropriate, &c. Provided, if not tendered in one year, proceeding to be void. Pro- vded further, that when a report shall so have been made by a jury appointed on the petition of the Mayor, &c., specifying the causes wherefore damages should be paid, if thereafter any other damage than that re- ported on shall be sustaincd, the party may thereafter apply for new jury. Provided, however, that it shall be competent to the city to make agreements with any owner or owners of property so to be taken or affected, for the damages thereby to be occasioned, and such agreements shall he instead of any of the proceedings detailed in this or the foregoing section.
SECT. 10. And for as much, as in the course of time, it may appear that powers are not vested in the said the Mayor, &c., which may be yet required to the full exe- cution of the will of the said Stepben Girard, and it is the object and intent of this act, fully to confer all such powers, be it further enacted, &c. &c., that the said Mayor, &c., shall have, and are hereby invested and gifted with full power, right and authority to exercise all such jurisdiction, enact all such ordinances, and do and execute all such acts, and things whatsoever as may be necessary and convenient for the full and entire accept- ance, execution, and prosecution of any and all the de- vises and bequests, trusts and provisions, contained in the said will, or any part or parts thereof.
Resolved, that the committee on the Girard Fund, cause to be prepared a bill, embodying the provisions set forth in the above outline, and that they cause such bill to be forwarded to the chairman of the committee of the House of Representatives of this state, with a respect- ful intimation that it contains such provisions as in the estimation of the Councils of this city, are required to enable them to fulfil the purposes of the testator.
Mr. LIPPINCOTT from the same committee made the following report and resolutions, which were adopted. To the Select and Common Councils of the City of Phi- ladelphiu.
The committee on the Girard Fund, beg leave ·fur- ther to report:
That they have considered the matters submitted to them as fully and deliberately as the time which has elapsed since their appointment would permit; and they have agreed for the present to recommend to Councils the adoption of the following resolutions:
Further measures will be recommended in future re- ports.
1st. Resolved by the Select and Common Councils of the city of Philadelphia, that the Mayor be and he is hereby requested in this month of January, in behalf of the corporation, to cause to be prepared and published, in two or more newspapers, printed in the city of Phi- ladelphia, a concise but plain account of the state of the trusts, devises and bequests to the city of Philadelphia, by the late STEPHEN GIRARD, agreeably to the requisi- tion of his will.
2d. Resolved, by the Select and common Councils of the city of Philadelphia, that the Mayor and City Trea- surer be and they are hereby authorised to pay to the several persons entitled to the annuities, charged upon real estate in Pennsylvania, devised by the late Stephen Girard, Esq. to the corporation of Philadelphia, out of the rents of said real estate, the amounts due to them respectively.
3d. Resolved, that the clerks of Councils be directed to purchase a book, well and substantially bonnd, and to cause to be recorded therein the several schedules of property receired from the executors of Stephen Gi- rard, and that said book be lettered "Book of Gi- rard's Real Estate," and that a separate leaf or more be applied to each separate piece of property, with an al-
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phabet, by which a reference to any particular estate may be easily made.
Mr. JOHNSON offered the annexed resolution, which was agreed to.
Whereas, by a resolution of Councils, the Mayor is is authorised to take charge of certain real estates de- scribed in the rent rolls, exhibited by the executors of the late Stephen Girard, and to let such parts thereof as are now unoccupied, for the term of one year:
And whereas, the applicants for the several tracts of land are unwilling to rent them for a less term than from two to three years, and it is believed to be to the interest of the corporation, that a longer term than that specified in said resolution should be given them:
Therefore resolved, by the Select and Common Coun- cils, that the Mayor be and he is hereby authorized, to let so much of said lands as are situate in Passyunk and Moyamensing townships, for any term not exceeding three years, and any other resolution having a bearing on, this subject to the contrary notwithstanding.
Mr. PETTIT as chairman of the committee on the Franklin Legacy, made the following report and reso- lution, which were agreed to.
The committee on the Franklin legacy fund, to whom was referred the petition of Israel E. James, report:
That the amount due on the Ist January, 1832, (per City Treasurer's account) by the petitioner to the cor- poration, charging interest at five per cent. was $178 72. Under the circumstances set forth in his petition, which they believe to be correctly stated, they recom- mend the settlement of the claim upon the principles of the following resolution:
Resolved, by the Select and Common Councils, that upon payment by Israel E. James of the sum of one hundred dollars and the costs, the City Solicitor be au- thorized to enter satisfaction of a judgment against him and his sureties in the district court, on a bond given to secure payment of money borrowed from the Franklin legacy fund.
The committee also recommend the adoption of the following resolution:
Resolved, that the clerks of the Councils furnish Is- rael E. James with a copy of the foregoing resolution.
COMMON COUNCIL .- Mr. Moss offered the an- nexed resolution which was unanimously adopted, and the committee were accordingly ushered in by the mover.
Resolved, that the gentlemen comprising a commit- tee on the part of the House of Representatives of this" state, appointed for the purpose of conferring with the city authorities on matters connected with the estate of the late Stephen Girard, and who are now in the city, be invited to take seats within the bar, and that the Clerk be directed to furnish them with a copy of this resolution.
Mr. SEXTON offered a petition from Mrs. Eliza Hud- dy, praying that the hydrant pump opposite her door may be removed, which was referred to the watering committec.
Mr. BAKER presented three petitions for new paving : one for Vine street from Schuylkill Front to Schuylkill Eighth street-one for St. Joseph's avenue, running from Schuylkill Sixth to Fifth street, between Chesnut and Barker street, and one for Barker street; which were referred to the paving committee.
Mr. BAKER presented a petition praying that the lot of ground owned by the city, running from Schuylkill Front to Schuylkill Second street, fronting on the south side of Vine street, may be appropriated for the erection of a market house, which was referred to the committee on markets.
The following letter from the Mayor, enclosing the petition referred to, was received, and referred to the committee on l'enn square.
MAron's OFFICE, 2
January 20, 1832. 5
To the Presidents of the Select and Common Councils.
Gentlemen: At the request of some of the petitioners, I transmit you the enclosed paper, in which the horse market at the corner of ltigh and Broad streets is com- plained of as an "oldand increasing nuisance " Some legislation prohibiting markets for the exhibition and sale of horses, except within suitable enclosures, ap- pears to be required in order to remove the grievance complained of.
Very respectfully, &c.
B. W. RICHARDS.
Mr. Hoon, from the committee on markets, made a report and resolution, recommending that Messrs. Reeves, & Co. be exonerated from paying rent for Market street wharf, while it was undergoing the repairs: which was adopted.
Mr. BAKER, from the paving committee, made the following report and resolution, which were agreed to.
The paving committee, to whom was referred the petition of the managers of the Pennsylvania Hospital, report:
Whereas the legislature of Pennsylvania have before them the petition from the managers of the Pennsylva- nia Hospital for the vacation of Blackberry alley, be- tween Pine and Lombard street, they offer the following resolution :
Resolved, that it is inexpedient for Councils to inter- fere in the subject.
The annexed communication from Mr. George W. Smith, was received and laid on the table.
To James Page, Esq. President of the Common Council. Philadelphia, Jan. 26, 1832.
On the 17th instant, the city councils of Lancaster unanimously resolved to send a delegation of two per- sons, viz: Messrs. Buchanan and Champneys to Harris- burg, for the purpose of vacating a portion of the Penn- sylvania rail-road, from Columbia to the city of Phila- delphia. I deem it my duty to present this subject to the attention of our city councils, in order that they may take such measures as may be necessary to prevent the success of a project, which, if effected, will inflict a vital injury on the prosperity of this city and of the state. The citizens of Lancaster have been among the earliest and most zealous opponents of the system of improvements in which the commonwealth has been en- gaged. They are now endeavouring to destroy and vacate a number of sections of the great rail-road, on which depends the intercourse of the eastern with the western and northern parts of Pennsylvania, and with the neighbouring states. These sections have been fi- nished, with the exception of laying the rails, at a con- siderable expense, with that excellence in the design and the construction, which characterize the works of the eminent engineer to whom the plan and superin- tendence have been entrusted. The citizens of Lancas- ter desire to render useless all the large but judicious expenditure on these sections which has already been incurred in order that the main line of the rail-road may be diverted from its present course through their bo- rough, and that another line may be located and con- structed at the expense of the state through a part of that borough, which is entirely unsuitable to the pur- pose. The proposed alteration will be attended with enormous expense-will lengthen the distance-will render the profile more undulating and steep-the plan more circuitous, and the curves more abrupt and nu- merous -- and consequently materially impair the great highway of the commonwealth, for the purpose of con- ferring a trifling local advantage on a portion of the city of Lancaster-which can be adequately accommodated by a short, convenient, and cheap branch, if the latter be necessary. The councils of Philadelphia have evinced great anxiety in relation to the ennstruction of a rail- road from the Susquehanna to Baltimore: the present
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project is calculated to excite more just and serious apprehensions than the railroad just mentioned. I would respectfully suggest the propriety of appointing a com- mittee to investigate this subject, with power to adopt such measures as may be deemed expedient in relation thereto.
I remain, very respectfully, your obedient servant, GEORGE W. SMITH.
Mr. SULLIVAN offered the following preamble and resolution, which were adopted by the Common Coun- cil, but were laid on the table in Select Council, and Messrs. Sullivan and Ryan were appointed the commit- tee on behalf of the Common Councd.
Whereas the citizens of the city of Lancaster have presented a memorial to the legislature of this state, praying that the present location of the Columbia and Philadelphia rail-road be changed; and whereas the proposed change in the location would have a tendency to retard the improvement, and increase the expense of this highly important public work: therefore resolved,
That a joint committee of two members from each council be appointed, to take into consideration the pro- priety of remonstrating with the legislature against the contemplated change in the present location of the Co- lumbia and Philadelphia rail-road, and that they take such steps in relation thereto, as may be deemed expe- ent.
MAYOR'S OFFICE, 3 Philadelphia, January 27th, 1832. S
Agreeably to a resolution of the Select and Common Councils passed on the 26th inst. and in pursuance of the following provision in the will of the late Stephen - Girard, which directs "that the said corporation shall also cause to be published in the month of January, an- nually, in two or more newspapers in the city of Phila- delphiia, a concise but plain account of the state of the trusts, devises and bequests, herein declared and made " Public notice is hereby given that the executors of the late Stephen Girard, have handed to the constituted au- thorities of the city, a schedule comprising ninety-four tenements in the city and county of Philadelphia, five of which are unfinished, and eight of which are untenant- ed, with a rent-roll for the same, showing a present an- nual rental of 38,917 dollars. Also a further schedule of sundry lots of land in the county of Philadelphia, comprising about 608 acres, on which are sundry tene- ments,-that charge has been taken of the same, and provision made for the collection of the rents, and for letting such portions thereof as are untenanted,-that rents amounting to 4,388 36-100 dollars have been re- ceived by the city treasurer,-and that the Select and Common Councils are proceeding to devise measures for the further fulfilment of the trusts confided to them by the testator, agreeably to the powersvested in them.
B. W. RICHARDS, Mayor.
PUBLIC SCHOOLS.
At a meeting of "The Controllers of the Public Schools for the city and County of Philadelphia," held on the 19th day of December, 1831, THOMAS DUNLAP in the chair, a communication was received from ROBERTS VAUX, tendering his resignation as President of the Board.
The resignation being accepted, and an answer to his letter unanimously adopted by the Board, it was
Resolved, '1 hat a copy of the communication from Mr. Vaux, and the answer of this Board, be forwarded to the Board of Directors of each section of the first school district of Pennsylvania, and that the same be publish- ed.
On motion, the Board proceeded to the election of a President; when Thomas Dunlap was duly chosen. From the minutes.
T. M. PETTIT, Secretar
To the Controllers of the Public Schools for the City and County of Philadelphia.
You will recollect, gentlemen, that when I last enter- ed upon the duties of a member, and accepted again the responsibilities of President of the Board of Control, my design to retire from both these stations towards the close of the term of my election, was publicly commu- nicated. In accordance with the purpose then delibe- rately formed, I now resign the trusts which you, and your predecessors, the representatives of our fellow citizens of the first school district of Pennsylvania, were pleased to confer upon me, annually, from the organiza- tion of the exisiting system of public education through a period of nearly fourteen years.
On ceasing to assist in the administration of the laws that so wisely provide free instruction, and for the suc- cessful operation of which I have always felt much soli- citude, it is a precious consolation to know that the in- stitution has dispensed, and still distributes invaluable benefits to our youth.
Long and attentive observation of the influence of this judicious and liberal plan, assures me that the best interests of society are intimately connected with its duration and expansion, to meet the future wants of the city and county of Philadelphia.
I part from you, gentlemen, impressed with no ordi- nary sentiments of regard. With some of you I have been harmoniously devoted in the prosecution of this interesting work almost from its commencement. The retrospect of my intercourse with all my colleagues as well as with the teachers, and various other agents at- tached to the extensive establishment confided to our government, furnishes no instance of the interruption of the kindest personal respect. These are to me highly gratifying reflections.
Finally, I beg you to accept my affectionate wishes for your individual happiness. Abundant good must, I am sure, continue to flow from your faithful official la- bours.
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