fitass Fi s ? Book, A DIGEST LAWS AND ORDINANCES RELATING TO FAIRMOUNT PARK. I^X A DIGEST Ids of Isscmlilg and ||r(linancK of iouncils RELATING TO FAIRMOUNT PARK. BY CHARLES HENRY JONES, SOLICirOR TO THE PARK COMMISSIONERS. PHILADELPHIA: KING & BAIRD, PRINTERS, G07 SANSOM STREET. 1872. V ^. V <> 6^-* ^O rzTor At a meeting of the Commissioners of F;iirmount Park, lield June 15tb, 1873, the following resolution was adojited : Besolved, That the Park Solicitor be requested to prepare a digest of the acts of Assembly and ordinances of the City Councils relating to Fairmount Park. (3) MA. ii 1910 2 INDEX. ACTS OF ASSEMBLY. Act of March 26th, 1867 19 Act of April 14th, 1868 25 Act of April 21st, 1869 43 Act of January 27th, 1870 48 Act of March 16th, 1870 51 Act of March 15th, 1871 53 Act of Jiane 15th, 1871 54 Act of February 2cl, 1854 63 Act of May 15th, 1871 67 Act of April 4th, 1872 70 APPROPRIATION. No contracts to be made for improvement of Park before Councils shall make an 23, 60 ART GALLERY. Commissioners requested to construct art gallery in the Park. 62 AVENUE. Giraril, Commissioners not to vacate 29 Commissioners to lay out roads, avenues and streets in the Park for public use 29 Councils to lay out boundary avenue around the Park 30 Jurisdiction of Commissioners to extend over footway ne.\t the Park in all boundary avenues 30 Commissioners may vary the boundaries of Park in adjust- ing grades of boundary avenues 45 Commissioners to exercise authority over so much of Girard avenue as lies within the Park 58 Commissioners may lay out an avenue from Hunting Park to Fairmount Park 67 Land for said avenue to be acquired under laws relating to Fairmount Park 68 Commissioners to have control of said avenue as a Park road 68 (3) 4 INDEX. AWARD. Of jury to be reviewed and enforced in tlie same manner as provided by the road laws 22 Of damages made prior to April 21st, 1869, bears interest from the day of the confirmation of the report. ...note (a), 32 BOAT CLUB HOUSES. To be licensed by Commissioners, subject to their regula- tions and supervision and to removal or surrender to city 34 BOUNDARIES. Of Fairmount Park described 19, 25, 55 Commissioners may adjust boundaries of Park with rail- road and canal companies, and others 43 Compensation for exchanges in adjusting Park boundaries to be paid into siftking fund 44 Commissioners may vary boundaries of Park in adjusting grades of boundary avenues 45 BRIDGES. Commissioners to construct all proper bridges in the Park. .35 As a general proposition, bridges are treated as portions of the highways which cross them note [b], 58 BRISTOL STREET. Commissioners may open Bristol street as a Park road from Hunting Park to Fairmount Park 70 Land required for, how acquired 70 BUILDINGS. Compensation to be made for buildings as well as ground 31 Buildings, machinery and fixtures, not required by commis- sioners to be removed by owners , 31 Commissioners to- have exclusive power to lease all build- ings within the Park 34 For boat or skating clubs, or zoological or other purposes, shall be licensed by Commissioners, subject to their regu- lations and supervision, and to removal or surrender to city 34 Commissioners to construct all proper buildings in the Park 35 INDEX. 5 CARE. And management. Commissioners to have, of the Park on both banks of the Schuylkill 23 35 CHIEF ENGINEER AND SURVEYOR. To be one of the Park Commissioners 20 CHIEF ENGINEER OF THE WATER WORKS. To be one of the Park Commissioners 20 CITY OF PHILADELPHIA. See Philadelphia, City of. CITY PROPERTY. Commissioner of, to be one of the Park Commissioners 20 COMMISSIONERS OF FAIRMOUNT PARK. How appointed 2o To organize annually 20 To elect president and secretary annually 20 Vacancies in, how filled 21 To receive no compensation for their services 21 To petition for jury 21 "May negotiate and agree with owners of ground as to the price thereof 2] 60 To make report of their agreements with owners of ground to Court of Quarter Sessions 21 Shall adopt a plan for the improvement and maintenance of the Park and proceed with the same 23 35 All moneys expended to be under supervision of 23 To have the care and management of the Park on both banks of the Schuylkill 23 35 Authorized to lay out Roberts' Hollow drive 27 57 To make and file survey of Roberts' Hollow drive 28 To appropriate the shores of the Wissahickon Creek 28 To make and file survey of grounds upon Wissahickon creek 28 To have all the power and control over ground appropri- ated by act of 1868, given them by act of l>-67 29, 47, GO May vacate any street or road within the Park, except ' Girard avenue 9g May open roads, avenues and streets in the Park for pub- lic use r,n To have jurisdiction over footway next the Park in all boundary avenues gg Q INDEX. COMMISSIONERS OF FAIRMOUNT F AUK. — Contmued. Shall make compensation for buildings as well as for ground taken 31 All buildings, machinery and fixtures not required by, to be removed by owners 31 Forthwith to take possession of premises upon payment or tender of compensation , 31 May make partial reports to the court 31 Yaluation forthwith payable whenever report of Commis- sioners is confirmed by the court 32 To appoint officers, agents and subordinates 32 May acquire the whole of a tract of land where part of it lies within the Park and sell parts thereof lying outside the Park , 33 Shall not be interested in any such sale 33 To report annually to Councils 34, 49 To have exclusive power to lease all houses, &c., within the Park 34 To collect all rents and pay them into city treasury 34 Buildings for boat or skating clubs, or zoological or other purposes to be licensed by Commissioners and to be under their supervision 34 May accept devises, &c., of property in trust for Park pur- poses 34 Debts to be created only at regular meeting of 35 To construct all proper bridges, buildings, railways and other improvements in the Park 35 To repress all disorders in the Park 35 May license passenger railways in the Park 35 Fine prescribed by Commissioners for violation of rules and regulations note (a) 39 To ordain additional rules and regulations 39 All moneys paid into city treasury by Commissioners to be exclusively appropriated for Park purposes 41 Shall employ, equip and pay a Park force 41 May prevent the damage or destruction of trees, &c 43 May adjust boundaries of Park with railroad and canal companies and others 43 May take possession of property after sixty days' notice 44 Shall make application for appointment of jury before pos- session of laud is taken 44 May vary boundaries of Park in adjusting grades of bound- ary avenues 45 INDEX. 7 COMMISSIONERS OF FAIRMOUNT FATlK. — Co7i(muecl. Councils may confer care of other grounds upon Commissioners.45 Not to receive compensation from parties having claims 45 To appoint Park Solicitor 49 May exclude from the Park manufactories therein 53 May agree with Eidge avenue Turnpike Company-for por- tion of their turnpike 53 To exercise authority over so much of Girard avenue as lies within the Park 58 Requested to construct art gallery in the Park 62 Care of Hunting Park transferred to 67 To lay out, enclose, plant and adorn Hunting Park 67 To exercise same powers over Hunting Park that they ex- ercise over Fairmount Park 67 May lay out an avenue from Fairmount Park to Hunting Park.. 67 To have control of said avenue as a Park road 68 May make exchanges of land for the purpose of squaring Hunting Park 68, 71 Councils shall provide such moneys for Hunting Park as Commissioners may require 68 Care of the Elliott Cresson legacy transferred to 69 May open Bristol street as a Park road from Hunting Park to Fairmount Park 70 COMMON PLEAS, COURT OF. To appoint five Park Commissioners to serve for five years 20 Proceedings pending in not to bo affected by Park laws 41 COMPENSATION. Park Commissioners to receive no compensation for their services 21 For land is not to be measured solely by its value, the ad- vantages must be considered note (c) 21, note (o) 54 Jury are to find value at the time when compensation could first be demanded 22 City to raise money by loans for compensation for lands ;-{2 Commissioners to prescribe compensation for their officers, agents and subordinates 32 All licenses may be with 40 No Commissioner, Solicitor or officer to receive compensa- tion from parties having claims 45 Of Tark Solicitor 50 8 INDEX. CONTRACTS. No contracts to be made for improvement of Park before Councils shall make an appropriation 23 COUNCILS. Presidents of Select and Common Councils to be Park Com- missioners 20 No contracts to be made for improvement of Park before Councils shall make an appropriation 23 To cause alterations of the plan of survey in 24th, 29th and 28th wards 30 To lay out a boundary avenue around the Park 30 Commissioners to report annually to 34, 49 All moneys paid into city treasury by Commissioners to be exclusiveljf appropriated by Councils for Park pur- poses 41 May improve approaches to the Park 41 May confer care of other grounds upon Commissioners 45 Required to obtain and lay out public squares and parks 63 Shall provide such moneys for Hunting Park as the Com- missioners may require 6S DAMAGES. For ground and property, how ascertained 21, 29, 41 Court will not award damages where there are incum- brances without making an equitable distribution of the fund note (a) 28 Must be distributed among lien creditors before the report of the jury is confirmed note (a) 28 The possession of the land owner is at sufferance where the damages have been assessed note (a) 28 Legislature may direct the time for paying note (a) 32 Awarded before April 21st, 18G9, bear interest from the day of the confirmation of the report note (a) 32 Commissioners may prevent damage to, or destruction of trees, &c 43 Commissioners may take possession of property after sixty days' notice, although the damages have not been as- sessed 44 In that event to bear interest 44 Park damages not to bear interest 47 DEBTS. To he created only by Commissioners at regular meeting 35 INDEX. 9 DISTRICT COURT. To appoint five Park Commissioners to serve for five years 20 Proceedings pending in, not to be affected by Park laws 41 DUTIES. Commissioners to prescribe duties of their officers, agents and subordinates 32 Of Park Solicitor 40 ELLIOTT CRE3S0N LEGACY Care of the, transferred to Park Commissioners C9 Extract from will of Elliott Cresson 09 Is a good charitable bequest note (a) 69 EXCHANGES. Commissioners may make exchanges of land' with railroad and canal companies and others in adjusting boundaries. . .43 Commissioners may make exchanges of land in adjusting grades of boundary avenues 45 Commissioners may make exchanges of land for the purpose of squaring Hunting Park 68, 71 EXPENDITURES. All expenditures for maintenance and improvement of the Park to be under control cf Commissioners 23 Commissioners to make report of expenditures annually to Councils 34 FINES. For violation of rules and regulations 39 How recovered 40 All fines to be paid into city treasury 40 FRANCHISES. Of Schuylkill Navigation, Pennsylvania, Philadelphia and Reading, Junction and Connecting Railroad Companies excepted out of the Park 20, 28, 57 GIRARD AVENUE. Commissioners not to vacate 29 Commissioners to exercise authority over so much of Girard avenue as lies within the Park 53 10 INDEX. GROUND. Title to and ownership of, vested in the city for Park pur- poses 20, 28, 59 Owners of, how paid 21 Yalue of, how ascertained 21 Owners of, when to petition for jury 21 Commissioners may negotiate and agree with owners of, as to the price theil-eof 21, 60 A tenant for years is an owner of note («) 21 A ground landlord is not such an owner of, as will entitle him to an award of damages note (a) 21 A purchaser of, cannot claim damages, the claim remains in the vendor ..note (a) 21 An owner of, may recover the damages as soon as the re- port is confirmed note (&) 21 Compensation for ground is not to be measured solely by its value, the advantages must be considered note (c) 21 note (rt) 54 Price of ground when confirmed by the court to be conclu- sive upon the city 22 Taken for public use is divested of all liens and incum- brances note (a) 23 Claim of city to portion of ground embraced in Act of 1867, released 29 All ground taken for the Park by Act of 1868, to be sub- ject to all powers and control given by Act of 1867. . .29, 47 Owners of ground taken by Act of 1868, to be paid as di- rected in Act of 1867 29, 41 Proceedings where owner or lessee of ground cannot be found 31 City to raise money by loan to make compensation for all.., 32 All moneys raised for purchase of ground to be kept sepa- rately by city treasurer 44 Commissioners may take possession of ground after sixty days' notice 44 Commissioners shall make application for appointment of jury before possession of ground is taken 44 Commissioners may vary the boundaries of the Park in ad- justing grades of boundary avenues and take additional ground 45 Councils may confer care of other grounds upon Commis- sioners 45 INDEX. 11 GROJJNB.— Contmued. Owners of, shall be fully heard by whole jury or quorum thereof 49 For avenue from Fairmount Park to Hunting Park to be acquired under laws relating to Fairmount Park 68 Commissioners may make exchanges of ground for the pur- pose of squaring Hunting Park 68, 71 Ground required for opening Bristol street, how acquired. . ..70 HUNTING PAEK. Boundaries of, defined 64 Sale of intoxicating liquors and merchandise prohibited in. . .65 Care of, transferred to Commissioners of Fairmount Park 67 Commissioners to exercise same powers over, that they do over Fairmount Park 67 Commissioners may lay out an avenue from Hunting Park to Fairmount Park 67 Commissioners may make exchanges for the purpose of squaring Hunting Park , 68, 71 Councils shall provide such moneys for Hunting Park as Com- missioners may require 68 Commissioners may open Bristol street as a Park road from Hunting Park to Fairmount Park 70 IMPEOVEMENT OF THE PAEK. Commissioners to adopt plan for, and proceed with the same. 23 No contract shall be made for, before Councils shall make an appropriation 23 INCUMBEANCES. Land taken for public use is divested of all note(a) 28 The court will not award the damages assessed where there are incumbrances without making an equitable distribu- tion of the fund note (a) 28 Must be taken from the fund before the report of the jury is confirmed note (a) 28 INTEEEST. Awards of damages made prior to April 21st, 1869, bear interest from the date of the confirmation of the re- port note (a) 32 City to provide for payment of interest on Park loans 32 Damages to bear interest where possession is actually taken before they are paid 44 Park damages not to bear interest 47 12 INDEX. JURY. How appointed 21, 31 When to be appointed 21, 45, 53 To proceed as provided by road laws 22 One or more of the jury may be stricken off and others sub- stituted after the whole number have been appointed note [d) 22 Must be sworn 22 May administer oath to each other note {d) 22 Five of the jury must view the property note (d) 22 All must deliberate, but a majority may decide note {d) 22 May resort to any source of information note {d) 22 Are to judge for themselves and not by the opinions of wit-^ nesses \ note {d) 22 Are to find value at the time when compensation could first be demanded note (rf) 22 To make compensation for buildings as well as ground 31 May make partial reports to the court 31 To consist of six members 31 Court may confirm partial reports of 31, 48 Powers of, to continue until they have reported on all their cases, unless otherwise ordered by the court 31 May be appointed on one or more cases 32 Valuation forthwith payable whenever report of jury is con- firmed by the court 32 Commissioners shall make application for appointment of, before possession of land is taken 44 Vacancies in, how filled 49 Every claimant shall be fully heard by whole jury or quorum thereof 49 LEASE. Commissioners may lease houses within Park limits 34 Tenant to forfeit lease for violation of rules and regulations. .40 To contain clause of forfeiture 40 LICENSES. Commissioners to grant licenses for buildings, for boat or skating clubs, or zoological or other purposes 34 Commissioners may grant licenses for passenger railways in the Park 35 All charges for licenses to be paid into city treasury 40 INDEX. 13 LIENS AND INCUMBRANCES. Land taken for public use is divested of all note {a) 28 The court will not award the damages assessed where there are liens and incumbrances, without making an equitable distribution of the fund note [a) 28 Must be taken from the fund before the report of the jury is confirmed note (a) 28 LOANS. City to raise money by loans for all grounds, the laying out and construction, permanent care and improveiuent thereof and for all culverts 32 City to provide for payment of interest on loans and sink- ing fund for their redemption 32 MAINTENANCE. Commissioners to adopt plan for the maintenance of the Park and proceed with the same 23, 35 MANAGEMENT. Commissioners to have management of the Park on both banks of the Schuylkill 23, 35 MANUFACTORIES. Commissioners may exclude manufactories from the Park 53 MAYOR. Of the city to be one of the Park Commissioners 20 Park police to be subject to orders of Mayor in any emer- gency 41 MONEYS. All moneys expended to be under supervision of Commis- sioners 23 All moneys paid into city treasury by Commissioners to be exclusively appropriated for Park purposes 41 All moneys raised for purchase of grounds, etc., to be kept separately by city treasurer 44 Councils shall provide such moneys for Hunting Park as Commissioners may require, 68 NOTICE. Commissioners to give notice of taking possession of ground. ..21 Commissioners may take possession of property after sixty days' notice 44 14 INDEX. OFFICERS. Commissioners to appoint officers, agents and subordinates. ..32 Shall not be interested in sales of land acquired outside the Park 33 Of Commission not to receive compensation from parties having claims 45 ORDINANCES OP COUNCILS. Ordinance of March 4th, 1868 55 Resolution of January 24th, 1871 62 Ordiuance of July 10th, 1856 64 OWNER OF GROUND. How paid 21, 29, 41 When to petition for jury 21 A tenant for years is an note (a) 21 A ground landlord is not such an owner of ground as will entitle him to an award of damages note (a) 21 May recover the damages as soon as the report is con- firmed note (6) 21 Continues in possession at sufferance after damages have been assessed note (a) 28 Owners of ground taken by Act of 1868, to be paid as di- rected in Act of 1867 29, 41 To remove all buildings, machinery, and fixtures not re- quired by Park Commission 31 To receive compensation for buildings as well as ground 31 Proceedings where owners of ground cannot be found 31 Shall be fully heard by whole jury or quorum thereof 49 PARK POLICE. To arrest offenders without warrant 40 Commissioners to employ, equip, and pay 41 To be subject to orders of Mayor m any emergency 41 How appointed and controlled 42 PARK SOLICITOR. Not to receive any compensation from parties having claims. 45 Commissioners to appoint 49 Duties of 49 Compeusation of 50 INDEX. 15 PENALTY. For being interested in sales of land 33 For violation of rules and regulations 39 How recovered 40 For receiving compensation from parties Laving claims 46 For sale of intoxicating liquors and merchandise in Hunt- ing Park G5 How recovered 65 PHILADELPHIA, CITY OP. To pay for ground appropriated 21 Claim of, to portion of ground embraced in Act of 18G7 re- leased 29 To have all the power and control over ground appropri- ated by Act of 1868 given it by Act of 1B67 29,47 Valuation forthwith payable by, whenever report is con- firmed by the court 32 Required to raise money by loans for all grounds ; the lay- ing out and construction, permanent care and improve- ment thereof, and for all culverts 32 To assess taxes for keeping the Park in repair 32 To provide for payment of interest on loans, and sinking fund for their redemption 32 All houses and buildings in the Park for boat or skating clubs, or zoological or other purposes to be subject to siirrender to 34 Required to maintain and keep open Fairmount Park 51 POSSESSION". Commissioners to give notice of their taking possession of ground 21 Owner of ground continues in possession at sufferance after damages have been assessed note (a) 28 Commissioners forthwith to take possession of premises upon payment or tender of compensation 31 Commissioners may take possession of property after sixty days' notice 44 Damages to bear interest where possession is taken before payment 44 Commissioners shall make application for appointment of jury before possession of land is taken 44 16 INDEX. PRESIDENT. Of the Select and of the Common Councils to be Park Com- missioners. 20 Commissioners to elect President annually 20 QUARTER SESSIONS, COURT OF. To appoint six jurors 21, 32 Commissioners to make report of their agreements with owners of ground to court of 21, 31 One or more juries may be stricken off and others substitu- ted after the whole number have been appointed, .note [d) 22 The court will not award damages where there are incum- brances without making an equitable distribution of the fund note (a) 28 The court must distribute damages among lien creditors before the report of the jury is confirmed note (a) 28 Commissioners and jury may make partial reports to court of, and court may act on them separately 31 Powers of jury to continue unless otherwise ordered by court of 31 Court of, may confirm partial reports of jury 31, 48 Valuation forthwith payable whenever report is confirmed by 32 Proceedings pending in court of, not to be aiTccted by Park laws 41 RAILROADS. Franchises of certain railroads excepted out of Park ....20, 28 No railroads ever to be constructed within the limits of Fairmount Park 51 Rights already acquired by any railroads preserved 52 RAILWAYS. Commissioners to construct all proper railways in the Park., 35 Commissioners may license passenger railways in the Park.. .35 RENTS. Commissioners to collect all rents, and pay them into city treasury 34 REPORT. Must be made by the Commissioners to the Court of Quarter Sessions of their agreement with the owners of land 21 Of jury must state that the jury has been sworn note (cZ) 22 INDEX. 17 RE PO RT.— Gontin ued. Commissioners and jury may make partial reports to tlie court 31 Court may confirm partial reports of jury 31, 43 RIDGE AVENUE TURNPIKE. Commissioners may agree with company for portion of. 53 ROADS. Jury to proceed according to road laws 22 Commissioners may vacate any street or road within the Park, except Girard avenue 29 Commissioners to lay out roads, avenues, and streets in the Park for public use 29 Jurisdiction of Commissioners to extend over footway next the Park in all avenues or streets which bound upon the Park 30 Commissioners may lay out Park road from Hunting Park to Fairmount Park 67 ROBERTS' HOLLOW DRIVE Commissioners authorized to lay out 27, .57 Declared part of the Park 27 Commissioners to make and file survey of 28 RULES AND REGULATIONS. Rules and regulations 35 Penalty for violation of . . . >. >. 39 Commissioners to prescribe fine for violation of 39 Commissioners to ordain additional 39 Fine for violation of, how recovered 40 Further liability for violation of 40 Tenant to forfeit lease for violation of 40 Leases to contain clause of forfeiture for violation of 40 Park police to"arrest without warrant for violation of 40 SECRETARY. Commissioners to elect annually , 20 SINKING FUND. City to provide sinking fund for redemption of Park loan. . . .32 Proceeds of sales of land acquired outside the Park, to be paid into 33 Compensation for exchanges in adjusting Park boundaries to be paid into 44 18 INDEX. SKATING CLUB HOUSES. To be licensed by Commissioners subject to their regula- tions and supervision, and to removal or surrender to city.. .34 TENANT. To forfeit lease for violation of rules and regulations 40 TREASURER. All trusts shall be received and applied by Park Treasurer. ..41 All moneys raised by loans for purchase of grounds, &c., to be kept separately by city treasurer 44 TREASURY. Commissioners to pay all rents into city treasury 34, 40 All emoluments from passenger railways to be paid into city treasury 35 Fines for violation of rules and regulations to be paid into city treasury 40 Compensation for »all licenses, &c., to be paid into city treasury , 40 All moneys paid into city treasury by Commissioners to be exclusively appropriated for Park purposes 41 TRUSTS. Commissioners may accept devises, etc., of property upon trust for Park purposes 34 All property given upon trust shall be received and applied by Park Treasurer 41 VACANCIES. In Park Commission, how filled 21 In Park juries, how filled 49 WATER WORKS. Chief Engineer of, to be one of the Park Commissioners 20 Excepted out of Park 27, 57 WISSAHICKON CREEK. Commissioners to appropriate, shores of 28 Commissioners to make and file survey of grounds upon 28 Declared part of Fairmount Park 28 ZOOLOGICAL BUILDINGS. To be licensed by Commissioners, subject to their regula- tions and supervision, and to removal or surrender to City. 34 FAIRMOUNT PARK. ACTS OF ASSEMBLY Act of March 26, 1867. P. L. 547. AX ACT ■A-Ppropi-iating ground for public purposes, in the City of Philadelphia. Section 1. Be it enacted by the Senate and House of Bepresentatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the author- ity of same. That the title to, and ownership of, the area of gronncl which is bounded as follows ;(«) Beginning at a Boundaries point on the river Schuylkill, at the intersection of the ParkaT-""" north line of Bridge street and low water mark in said ="'^'"*- river ; thence along said north line of Bridge street, to Bridgewater street; thence along the easterly side of Bridgewater street, to north line of Ilaverford street, as now used ; thence along the northeast line of said Haver- ford street to the Pennsylvania raih'oad ; thence along said Pennsylvania railroad, to the Junction railroad ; thenee along the said Junction railroad, its several courses and distances, to a point where it intersects (rz) Boundary of the Park modified by Act of April 14, 1868, Sec. 1, post, page 25. See also, Sec. 4 of said Act, post, page 29. (19) 20 ACT OF MARCH 26, 18G7. Girard avenue; thence westwardly, along the north line of Girard avenue, to Forty-first street; thence northward, along Forty-first street, to Lansdowne avenue ; thence along said LansdoAvne avenue, westwardly, to Belmont avenue ; thence along said Belmont avenue, northwardly, to Montgomery avenue; thence eastward, along said Mont- gomery avenue, in a direct line, to the water line of Fair- mount dam; thence down the river Schuylkill, along the low water line thereof, to the place of beginning, except- ing therefrom and thereout, that part of which the Schuyh ^ , . ^ kill ISTavigation, the Pennsylvania Central, the Junction Franchises of o ? k! i Schuylkill ^y^^ ^]^Q Connectino; Railroad Companies, are respectively Navigation ^ r T i. J Company, scizcd, for thc execution of their f ranch ises,(a) shall be Pennsylva- niajanction vcstcd lu tlic City of Philadelphia, to be laid out and and Connec- . . , „ i T n i i n ting Railroad maintained lorever, as an open public place and park, lor exx'^ptTd"' ^^^ health and enjoyment of the people of said city, and the preservation of the purity of the water supply of the City of Philadelphia. commis- Sect. 2. That the Mayor, the Presidents of the Select and Common Councils, Commissioner of City Property, the Chief Engineer and Surveyor, and the Chief Engineer of the Water Works of said city, together with ten citi- zens of said city, who shall be appointed for five years, five of them by the District Court, and five of them by the Court of Common Pleas of said city, be and the same are hereby constituted Commissioners of said Park ; they To organize shall orgauizc annually on the first Monday of June, by annually. ^^^ clcctiou of a prcsidcut and secretary,(6) but they shall (a) See also, Sec. 3 Act of April 14, 1868, post, page 38. (5) So much of the section as requires that the Secretary shall be chosen fi-om the Commissioners, repealed by Act of April 14, 1868, Sec. 12, post, page 33. ACT OF MARCH 26, 1867. 21 receive no compensation for their services as Conimis- to receive no compen- sioners : Provided, That whenever a vacancy shall occur sation. . . -Til Vacancies, in that part of the said Commissioners appointed by the how fiUed. courts, the court from which the appointment was made shall fill the vacancy. Sect. 3. That the owners of the said ground, («) by the owners of *" ground to be first section of this act appropriated for public pnrposes, paid for the same by the shall be paid(6) for the same by the City of Philadelphia, city. accordino; to the value(c) which shall b-e ascertained b}^ a "^^'"^' '^^^'^ ~ ascertained. jury of twelve(ci) disinterested freeholders, to be appointed(e) by the Court of Quarter Sessions of said city, upon the ,i°'[i^rsTo petition of said Commissioners; and if the said Commis- pj=""°"*°'' sioners shall delay petitioning as aforesaid for the period . . Owners may of sixty clays after notice given of their taking possession petition for of said ground, then said jury shall be appointed upon miTsioners ' the petition of any person whose property shall be so ^f^J^^^.^ taken : Provided, however, That in any case the said Com- Commission- niissioiiers may negotiate and agree with the owners of ers may ne- any part of said ground as to the price thereof, and said agree with price shall be reported to the said Court of Quarter Ses- ""^^^H °' (ffl) A tenant for years is sucli an owner : 4 Wh. 90 ; 8 H. 91 ; 10 H. 29 ; 1 C. 229 ; 16 P. F. Smith, 425. A ground landlord is not such an owner : 6 C. 362. See 28 Leg. Int. 356. The purchaser of an estate cannot claim damages for an injury done to it before his purchase. Such claim remains in the hands of the vendor : 10 H. 32. {b) Either under the Act of April 14, 18G8, or by a common law action of debt, the land owner may recover the damages assessed or agreed on immediately upon confirmation of the report relating to damages : 18 P. F. Smith, 49. (c) The basis of compensation is not to be measured solely by the value of the land taken. The advantages likely to accrue, enter largely into the estimate : 4 H. 192 ; 11 Wright, 435 ; 29 Leg. Int. 220. {d) Reduced to six by Sec. 10 of the Act of April 14, 1868, post, page 81. (e) See Act of January 27, 1870, Sec. 3, post, page 49. 22 ACT OF MARCH 2G, 1SG7. sions, and if confirmed and approved by said court, shall be conclusive upon said city : And jjrovided further^ That Jury to as- whcnever it shall be necessary to have recourse to a sess advan- . tages upon jmy to asscss the damages for any property to be taken infan^in"" as aforcsaid [the said jury shall estimate the advantage o^flhTpark. to property adjoining or in the vicinity(a) und](6) And proceed g._^-^-^ iurv(c) shall procccd and their award shall be re- according to " •' ^ ' ■■■ the road yicwcd and enforced in the same manner as provided by law in the opening of roads in the City of Philadel- phia, (c/) Commission- Sect. 4. That thc Commissioners of the said Park, after piIn°for°im- thcy shall have secured possession of the ground, shall provement, &c. of Park. (a) The term vicinity does not denote any particular, definite dis- tance from the Park : 6 II. 26. Such assessments are constitutional : 3 W. 296 ; 7 Barr 175 ; 6 H. 26 ; 3 Philadelphia, 265 ; 11 C. 231 ; 22 Leg. Int. (186.:)) 365; 4 N. Y. (4 Comst.) 419 ; 8 Wendell, 85; Ibid. 101 ; 3 Paige, 45 ; 7 Hill, 9 ; 5 Ohio State Reports, 636 ; 19 Ohio, 418 ; 26 111. 351 ; 30 Mo. 537. {b) Repealed by Act of June 15, 1871, post, page 54. (c) See Act of January 27, 1870, Sec. 3, post, page 49. {d) See Act of April 14, 1868, Sec. 10, post, page 31. See also, 18 P. F. Smith, 47. When the Court of Quarter Sessions have ap- pointed a full set of jurors, one or more of the number may be stricken off and others substituted, and it is not necessary to give notice that it will be done : 3 C. 69. The jury must be sworn before they enter upon their duties : 2 P. R. 207. And it must be stated in the report : 3 S. & R. 210. See 4 Wh. 514. Any of the jurors are competent to administer an oath to one of their number : 2 C. 222. The report of the jury must be accompanied by a draft : 3 Binney, 3 ; 10 S. & R. 120. Five of the six jurors apiK)inted must view the prop- erty : 6 H. 2^0 ; 3 C. 69. All the jurors must deliberate, but a majority may decide : 5 C. 20. It is no objection to the report of viewers appointed to assess damages, that they conversed with the owners of property adjoining, in the absence of the parties interested. An inquest of this sort is restrained to no peculiar species of evidence, and may resort to any source of information which the members of it may think proper, even the evidence of their senses : 4 R. 192. The jury are to judge for themselves on view of the premises, and not by the opinions of witnesses : 2 Wh. 277, The jury are to consider the matter just as if they were called on to value the injury at the moment when compensation could first be demanded : 11 Wr. 434. ACT OF MARCH 2G, 18t;7. 23 adopt a plan for tlie improvement and maintenance thereof, and shall have power to proceed with the same, Expenditure and all moneys expended shall be under their supervision, °f =»'' ■"°"'=y« •/J- -"- ' to be under but no contracts shall be made for said improvement their super- vision. unless an appropriation therefor shall have been first no contract to be made made by the Councils of said city. (a) before appro- priation is made. Sect. 5. That as soon as the said Commissioners shall commission- ers to have have fully ors^anizcd, they shall have the care and man- care of Fair- "" _ mount Park agement of Fairmount Park, on both banks of the river and aii plans Schuylkill, and all plans and expenditures for the im- their comroi. provement and maintenance of the same shall be under their control, subject to such appropriations(a) as Councils may from time to time make as aforesaid. (6) [Sect. 6. That the Commissioners of said Park are Commis- sioners au- hereby further empowered, whenever the Councils of the thorized City of Philadelphia shall so declare by ordinance, to take ciisshaii so such other land as may be deemed proper by said Councils J^l^'oler for the extension of said Fairmount Park, between the '^"-^ ^°' ;""■ tension oi Spring Garden Water Works and the Columbia Bridge P^^-k. and between the Ptcading Eailroad and the river Schuyl- kill, according to the value which shall be ascertained by a jury of twelve disinterested freeholders, to be ap- pointed by the Court, of Quarter Sessions of said city upon the petition of said commissioners ; and if the said commissioners shall delay petitioning as aforesaid for a period of sixty days after notice given of their taking- possession of said ground, then said jury shall be ap- (a) See Act of April 14, 18G8, Sec. 11, post, page 32, and Sec. 19, post, page 3o. (b) See preceding section. 24 ACT OF MARCH 20, 1807. pointed upon the petition of any person whose property Proviso. shall be so taken. Provided^ however^ That in any case the said Commissioners may negotiate directly and agree with the owners of any part of said ground as to the price thereof, and said price shall he reported to the said Court of Quarter Sessions, and if confirmed or approved by said court, shall be conclusive upon said city: And Proviso. j)rovided, farther^ That whenever it shall be necessary to have recourse to a jury to assess the damages for any property to be taken as aforesaid, the said jury shall estimate the advantage to property adjoining or in the vicinit}^, and said jury shall proceed, and their award shall be reviewed and enforced in the same manner as provided by law in the opening of roads in the City of Philadelphia. ](rt) (a) The pi-ovisions of tins section are supplied by subsequent legis- lation. The land referred to therein is included witliin the Park boun- daries by the Act of April 14, 1808, Sec. 1, post, page 2o, and the other provisions are also supplied by the Act of April 14, l^fG8, Sec. 5, post, page 39, and Sec. 20, post page 41, and the Act of March 20, 1S07, Sec. 3, ante, page 21. ACT OF APRIL 14, 18G3. 25 Act of April 14, 186 8. P. L. 1083. A SUPPLEMENT To an act, entitled "An act appropriating ground for public pur- poses, in the City of Philadelphia," approved the twenty sixth day of March, Anno Domini one thousand eight hundred and sixty- seven. Section 1. Be it enacted hy tJie Senate and House of Rep- resentatives of the Comraomcealth of Pennsylvania in Gen- eral Assembly met, and it is hereliy enacted hy the authority of the same, That tlie boundaries of the Fairmomit Park in Boundaries the City of Philadelphia shall be the following, to wit: °^^^'"""""' Beginning at a point in the northeasterly line of prop- erty owned and occupied by the Reading Eailroad Com- pan}^, near the City bridge over the river Schuylkill at the Falls, where said northeasterly line [is intersected by the line dividing property of H. Duhring from that of F. Stoever and T. Johnson ; extending] («) from thence in a southwesterly direction uj)on said dividing line and its prolongation to the middle of the Ford road ; from thence by a line passing through the southeast corner of Forty- ninth and Lebanon streets to George's run ; thence along the several courses of said run to a point fourteen hundred and eighty-seven and a half feet from the middle of the Pennsylvania Railroad, measured at right angles thereto; thence by a straight line through the northeast corner of Forty-third and Hancock streets to the northerly side of Girard avenue near Fortieth street; thence by the said northerly side of Girard avenue to the easterly side of the ia) Amended by Act of April 21, 18G9, Sec. 8, post, page 4G. Park de- fined. 26 ACT OF APRIL 14, 1868. Junction railroad as now used ; thence by the said east- erly side of the Junction railroad and the Pennsylvania railroad to the north side of llaverford street ; thence by the northerly side of said llaverford street to the westerly side of Bridgewater street; thence by said Bridgewater street to the north line of Bridge street ; thence by said Bridge street to the west abutment of the Suspension bridge ; thence by the northwesterly side of the Suspen- sion bridge and Callowhill street to the angle in said street, on the southwesterly side of Fairmount basin ; thence by the northerly side of Callowhill and Biddle streets to the westerly side of Twenty-fifth street ; thence by the said Twenty-fifth street to the southwesterly side of Pennsylvania avenue; thence by the southwesterly side of Pennsylvania avenue to the west side of Thirty- third street ; thence along the westerly side of Thirty- third street to the southwesterly line of Eidge avenue ; thence along said Ridge avenue to the southwesterly line of South Laurel Hill Cemetery (north of Huntingdon street) ; thence by and along said property line to such a distance from the shore line of the river Schujdkill as will permit the location of a carriage road one hundred feet wide upon its margin ; thence along said river shore and its several courses as may be most practicable, at the same distance as above specified (provided said distance shall not exceed one hundred and fifty feet), to a point opposite the intersection of the Eidge turnpike and School lane ; thence northwardl}^ to a point on the south- westerly side of said turnpike road opposite to the south- easterly side of said School lane ; thence b}^ the south- westerly side of the Ridge turnpike I'oad and its several courses to the southeasterly side of the Wissahickon ACT OF APRIL 14, 18G8. 27 creek ; thence by the several courses of the said south- easterly side of Wissahickon creek to the Schuylkill river ; thence across the water course of said river to the northeasterly line of the Reading Railroad Company's property as now occupied and in use, at the City boun- dary line ; thence along said northeasterly line, as now occupied and used by said railroad company, to the place of beginning ;(«) excepting, nevertheless, thereout the Waterworks several water works and their appurtenances, which are inchided within these boundaries, and such uses of the premises immediately adjacent to the same, and such other portions of the ground as are described in the plan, as the City of Philadelphia may from time to time require for the purposes of its water department, (/^) Sect. 2. That there shall be laid out and constructed a Roberts' road of easy and practicable grades extending from the drive au- intersection of the northerly line of the Park by Belmont avenue on the westerly side of the river Schuylkill to the head of Roberts' Hollow, and thence along said hollow and the river Schuylkill to tlie foot of City avenue, laid out with the ground contiguous thereto for ornamenta- tion, of such width and so constructed as the Commission- ers of Fairmount Park, appointed under authority of the act of the General Assemblj^ of the Commonwealth ,(c) may determine. And such road and its contiguous ground are hereby declared to be a part of the aforesaid Park; and And^ieciared "^ -^ part of tlie said Park Commissioners are hereby authorized and re- ^^-^''^■ (a) See Act of April 21, IbGO, Sec. 3, post, page 43, and Sec. 5, post, page 45. (&) See, for fnvtlier exceptions, Act of April 14, 18G8, Sec. 3, i)ost, page 28. See also Act of March 15, 1871, Sec. 1, post, page 53, and Act of March 26, 18G7, Sec. 1, ante, page 20. (c) See Act of March 2G, 18G7, Section 2, ante, page 20. 28 ACT OF APRIL 14, 1868. Commis- sioners to make and file survey thereof. Wissahickon creek and its shores ap- propriated Commis- sioners to make and file survey thereof. Declared part of the Park. quired to ascertain, by a proper survey, the limits thereof, which survey they shall file in the Survey Department of the City of Philadelphia. And it shall also be the duty of said Park Commissioners to appropriate the shores of the Wissahickon creek on both sides of the same from its mouth to the Paul's Mill road, and of such width as may embrace the road now passing along the same ; and may also protect the purity of the water of said creek, and by passing along the crest of the heights which are on either side of said creek, may preserve the beauty of its scenery. The said Park Commissioners are hereby authorized and required to cause a proper survey to be made of said grounds upon the Wissahickon, and to file said survey in the Survey Department of the City of Philadelpliia, and the grounds and creek hereby appropriated are declared to be a part of Fairmount Park. Title to Park vested in the City Excepting franchises of Schuylkill Navigation, Philadelphia and Read- ing, Junc- tion and Connecting Railroad Companies. Sect. 3. That the title to and ownership of the ground within said boundaries shall be vested(rt) in the City of Philadelphia, excepting therefrom so much as shall be re- quired by the Schuylkill ]^avigation Company, the Phila- delphia and Reading, the Junction and Connecting Rail- (a) Land taken for pnblic nse is divested of all liens and incumbran- ces : 34 Leg. Int. 61 ; 27 Leg. Int. 61. But tlie court will not award the damages assessed, without inquii'iug whetlier there are any in- cumbrances, and if there are, an equitable distribution of the fund will be made : 1 Ashmead, 376 ; 5 Wr. 470. The power of the court must be exercised before the report of the jury is confirmed : 4 P. L. J. 468. Where damages have been assessed or agreed on for land taken for Fairmount Park, the land vested in the City of Philadel- phia, and if the landowner continues in possession, it is at sufferance, and he can be turned out at any time : 18 P. F. Smith, 49. See also Act of April 21, 18)9, Sec. 4, post, page 44, and Act of April 14, 1868, Sec. 9, post page '61. ACT OF APRIL 14, 18G3. 29 road Companies for the execution of their franchises as now provided by law. (a) Sect. 4. So much of the ground as was embraced in the ciaim of - City to por- act to which this is a supplement, approved the twenty- uon of sixth day of March, one thousand eight hundred and tracrdin""' sixty-seven, and is not included in the above boundaries,(6) f^^^°/^^^^^ is hereby released from all claim of title by the said city, with the same efiect as if it had never been included.(c) Sect. 5. That all the o-rounds taken within the bound- ^n Park ~ grounds to aries of the Fairmount Park by the first section of this be subject to all powers act, shall be subject to all the powers and control given conferred by p the Act of by the act to which this is a supplement to the City ot 1867. Philadelphia and the Park Commissioners designated by or appointed under said act id) and the owners of all f;"^^^^''^ o;round taken for the Park, and others interested therein, shaiibecom- J? pensated as shall be compensated as in said act is directed and pro- therein pro- vided. vided.(e) Sect. 6. The said Commissioners shall have power and ^"l^'J^f "„,y authority, from time to time, to vacate any street or road J^'^/^J^^^^ within the boundaries of the Park (excepting Girard cept oirard avenue, and avenue), and to open for public use such other roads, open other -, roads, &c. avenues and streets therein as they may deem necessary. {a) See Act of April 14, 18G8, Sec. 1, ante, page 27, for further exception. (i) See ante, Sec. 1, page 25, and Sec. 2, page 27. (c) See Act of March 26, 18!i7, Sec. 1, ante, page 19. This release applies only to the triangular piece of ground bounded by Girard avenue. Forty- first street and Elm avenue. {d) Act of March 20, 1867, ante, page 19. See also Act of April 21, 18(;9, Sec. 8, post, page 46. (e) See Act of April 14, 1868, Sec. 26, post, page 41. See also Act of March 26, 1867, Section '6, ante, page 21. 30 ACT OF APRIL 14, 18G8. Councils Sect. 7. The Councils of the City of Philadelphia shall aiteratiTns^f cause, uiicler the supervision of the Department of Surveys, surv'^eylnle s^ch alterations of the plan of survey of the Twenty-fourth 24th, 20th ^Yapcl as lies between Fairmount Park as by this act es- and 28th "^ wurds. tablished, the Pennsylvania railroad and the City avenue, and of the contiguous parts of the Twentieth(a)and Twenty- eighth Wards, as may become necessary or expedient by reason of the extension as aforesaid of the limits of the Fairmount Park, and cause the same to be established in manner as now provided by law for revising or laying out plans of survey in and for the City of Philadelphia ; and And lay out shall lay out an avenue as one of the streets of the city, of avenue ^'^ tlic Width of uot Icss thau ouc liundrcd feet, as a boundary PaT'^"'^ of the Park on the southwest, west and northwest sides thereof, extending from Girard avenue to the river Schuylkill, at or near the Falls Bridge; and also upon the eastern side of the river from the intersection of Pennsyl- vania avenue aiid Thirty-third street, northward along the boundary of said Park to the river Schuylkill. , . J. . Sect. 8. The iurisdiction of the Commissioners of the Jurisdiction " of commis- j>c^y\^ shall cxtcud to the breadth of the footway next the sioners shall extend over Park, lu all avcuucs or streets which shall bound upon lootway of ^^ ->• ^ •i-ii boundary thc Park, aud they shall direct the manner m which such ncItThe footways shall be laid out, curbed, paved, planted and or- ^''^^' namented ; which footways shall not be less than twenty Width of footways, feet lu widtli on an^ avenue or street of the width of one hundred feet, and of like proportion upon any street or avenue of a greater or less width, unless otherwise directed by the Commissioners. (a) A new ward lias been created out of that part of the Twentieth Ward, contiguous to the Park siuce this act was passed, called the Twenty-ninth Ward. ACT OF APRIL 14, 1SG8. 81 Sect, 9. The said Park Commissioners or jury who shall Compensa- , . , , tion to be assess the compensation to the owners lor the ground made for buii- taken, shall ascertain and make compensation for Imild- as"|rounT inffs,((7,) as well as the o-round taken : but all buildino;s '^''.';": '-' '^ -^ ~ ' C> JJuildings, and machinery and fixtures not required by the Park m-ichinery •^ 1 ^ 3,^j fixtures Commission, shall be removed by the owners thereof not required by Commis- whenever payment of the compensation awarded them sioners to be shall be made or tendered to them ; and upon such pay- ZTnJrl, ^ ment or tender, the Park Commissioners shall forthwith '^^'-*"^''^'' ' payment of take possession of the premises.(6) If any owner or lessee '^^"^^g^^ '^ of ground taken cannot be found, notice of the taking and 'i^^™- "" _ _ _ Proceedings valuation of his land shall be given by advertisement in v/here owner or l6SS£6 of tAvo daily papers, published in Philadelphia, six times, ground and in the Legal Intelligencer twice; and the amount ^e found""" awarded in such case to the owner or lessee, shall remain in the city treasury, until such owner shall produce the decree of the court having jurisdiction in the premises, ordering the said moneys to be paid to him or his legal representatives. Sect. 10. The said Commissioners and jury may make commis- . , . , „ . . - sioners and partial or special reports, trom time to time, to the court, jury may as they may be ready to do so, and the court may act t7aVrep^o«"s. upon such reports separately ;(c) and the powers of the Powers of the jury to jury shall continue, unless limited by the court, or they continue 1 .,,-, ■, -iiin ""'■' they be required by the court to make report, until they shall have re- have reported on all the cases on Avhich they have been f^e'r ca°es^ api:)ointed, althouo*h a term or terms of the court shall ""i^^^ o'^^""- ^ '- ^ wise ordered have intervened ; and jurors, not to exceed six in number, by the court. (a) See Act of March 15, 1871, Sec. 1, post, page 53. (b) See ante, page 28, iiote(«). See also Act of April 21, 1869. Sec. 4, post, page 44. ifl) See Act of January 27, 1870, Sec. 1, post, page 48. See also ante, page 22. note {d). 32 ACT OF APRIL 14, 1868. sixjurors maj be appointed upon one or more cases, accordino; to may be ap- i t r i i ^ pointed on the Order of the court made ; and whenever any report of cas^J"^ '""'^^ the said Commissioners or of the jurj^ shall have been Valuation confirmed by the court, the valuation made shall be forthwith '' ' payable forthwith payable by the City of Philadelphia.(a) upon con- firmation of the report. g^^.^^ ^^ rpj^^ Q-. ^f Philadelphia sliall be authorized City to raise '■ money by aud Tequircd to raise by loans, from time to time, such loans for all grounds; the sums of money(&) as shall be necessary to make compensa- and Ton- tlou for all grouuds heretofore taken or to be taken for permanent ^^^^ Fairmount Park, and for the laying out and con- ""■^^"•^ ™' St ruction thereof for public use; for the permanent care provement -l ' i. thereof, and ^j-jfj improvement thereof, and for all culverts and other for all cul- verts, means for preserving the Schuylkill water pure for the use Shall assess of thc citizcus of Said city, and shall annually assess taxes for keeping the taxcs for kccplng in repair and good order the said Park ; Park in re- t i n i • n ^ i n ^ • pair. And aud shall also provide lor the payment of the interest on plymentrf ^^^ ^ald loaus, aud the usual sinking fund for the redemp- interest, and ^-q^., thorCOf. loans. Commis- Sect. 12. The said Park Commissioners shall, from sioners to . . . i n^ i i T appoint offi- time to time, appoint such oincers, agents and subordi- &T,'anT"'^' nates as they may deem necessary, for the purposes of this fh^dmies ^^^ ^"^ *^^® ^^^ **-* which this is a supplement; (c) and andcompen- j.|;^gy q[\qM prescribc the duties and the compensation to sation. J l i- (a) The Legislature may direct the time for paying damages assessed for taking property for public use : 18 P. F. Smith 45. The price of land taken for Fairmount Park as agreed upon with the Commission- ers bears interest from the day of the confirmation of their report by the court, not from the date of the agreement : Ibid. 48. As to interest on awards made after April 21, 1801), see Act of April 21, 18G9, Sec 9, post, page 47. (b) See Act of April 21, 18G9, Sec. 3, post, page 44. (c) See Act of April 14, 18G8, Sec. 27, post, page 41, and also Act of January 27, 1870, Sec. 5, post, page 49, ACT OF APrxIL 14, 1868. 33 be paid them; and so ranch of the second section(a) of the Repeal of provision of act to which this is a supplement, as requires tJiat the Act of 1867, Secretary shall be chosen from tlie Commissioners, be and election of the same is hereby repealed. ec.etary. Sect. 13. It shall be lawful for said Park Commis- commis- sioners may sioners to acquire title to the whole of an}^ tract of land, acquire the _ , . whole of a part of which shall fall within the boundaries men- tract of land tioned in the first section of this act, and to take con- Tfitlier'^' veyance thereof in the name of the City of Philadelphia ; "^^ '^" and such part thereof as shall lie beyond or [within](6) the said Park limits, again to sell and convey in absolute And seii fee simple to any purchaser or purchasers thereof, by lying outside deeds to be signed by the Mayor, under the seal of the ' ^ city, to be affixed by direction of Councils; either for Terms of cash, or part cash and part to be secured by bond and mortgage to the city, paying all cash into the city treasury : Provided, That the proceeds of such sales shall Proceeds of sales to be be paid into the sinking fund for the redemption of the paid into the loan created under the provisions of this act: Provided also, That no Commissioner, nor any officer under the no commis- Park Commission, shall in any wise be directly or in- officer shaii directly interested in any such sale of lands by the Com- fn^^uchTaiet missioners as aforesaid ; and if any Commissioner or officer ""^'=''pe"- ' ^ altyofdis- aforesaid shall act in violation of this proviso, he shall, charge, if a Commissioner, be subject to expulsion ; if an officer, to be discharged by a majority of votes of the Board of "Park Commissioners, after an opportunity afforded of ex- planation and defence. (a) Ante, page 20. (b) Altered to "without" by Sec. 3, of the Act of January 27, 1870, post, page 48. 3 34 ACT OF APRIL 14, 1868. Commis- Sect. 14. The said Board of Commissioners shall, annii- sioners to re- port annually ally hereafter, [in the month of December, make, to the to the . . . Mayor. Major of the City of Philadelphia,] (a) a report of their proceedings, and a statement of their expenditures for the preceding year. May lease Sect. 15. Tlic Said Park Commissioners shall have ex- houses, &c., within Park cluslve powcr to lease from year to year, all houses and buildings within the Park limits, which may be let with- out prejudice to the interests and purposes of the Park, To collect \)j leases to be signed by their President and Secretary, rents and pay them aud to collcct tlic Tcuts and pay them into the city into City Treasury. trCaSUry. Buildings Sect. 16. All houses and buildings now built or to be erected, on Park built on any part of the Park grounds, by or for boat boarciubsf or skating clubs, or zoological or other purposes, shall be &c., relative ^^]^g^ ^q havc riglits subordiuatc to the public purposes intended to be subserved by acquiring and laying out the Park, and shall be subject to the regulations of said Park Commissioners, under licenses which shall be approved by the Commission, and signed by the President and Secretary, and will subject them to their supervision and to removal, or surrender to the city, whensoever the said Commissioners may require. Commis- Sect. 17. The said Park Commissioners shall have sioners may . n t • n accept de- powcr to acccpt, m the name and behalf of the City of of^'property PhlladSlphia, devises, bequests and donations of lands, (a) Amended by Sec. 4, of the Act of January 27, 1870, to read " to the Councils of the City of Philadelphia during the mouth of January." See post, page 49. ACT OF APRIL 14, 18G8. 35 moneys, oLjects of art and natural history, maps and in trust for the purposes books, or otlier things, upon such trusts as may be pre- of the Park. scribed by the testator or donor : Provided^ Such trusts be satisfactory to the Commission, and compatible with the purposes of said Park. Sect. 18. ITone of the Park Commissioners, nor any Debts to be person employed by them, shall have power to create any brcomlTis^- debt or obligation to bind said Board of Commissioners, "°"';'^^'* ~ ' regular except by the express authority of the said Commission- ■"'^^''"s- ers at a meeting duly convened. Sect. 19. The said Park Commissioners shall have the commis- power to govern, manage, lay out, plant and ornament to°hIve the said Fairmount Park, and to maintain the same in p°'''^'' '° , ' manage and good order and repair ;(a) and to construct all proper ^''>' °"' bridges, buildings, railways,(6) and other improvements therein, and to repress all disorders therein under the provisions hereinafter contained. (c) Sect. 20. That the said Park Commissioners shall have Commis- -I • , , -y 11' T Ti sioners may authorit}^ to license the laying downi, and the use for a license pas- term of years, from time to time, of such passenger rail- 'jryHJ^'the ways as they may think will comport with the use and ^''''^^ enjoyment of the said Park by the public, upon such terms as said Commissioners may agree ; all emoluments from which shall be paid into the city treasury. (6) Sect. 21. The said Park shall be under the following R"'<=^ ^'^^ Regulations. (a) See also Act of Marcb 20, 1867, Sec. 4, ante, page 22, and Sec. 5, ante, page 23. (6) See Act of March IC, 1870, Sec. 1, post, page 51. (c) See post, Sec. 21, 36 ACT OF APRIL 14, 1868. rules and regulations, and such others as the Park Com- missioners may from time to time ordain :(«) (a) The following additional rules and regulations have been or- dained by the Park Commissioners : I. No person sliall throw any dead animal or offensive matter or substance of any kind, into the river Schuylkill, within the bounda- I'ies of Fairmount Park. II. No person shall injure, deface or destroy any notices, rules or regulations for the government of the Park, posted or in any other manner permanently fixed by order or permission of the Commis- sioners of Fairmount Park within the limits of the same. III. No person shall be permitted to bring led horses within the limits of Fairmoiuit Park, or a horse that is not harnessed and at- tached to a vehicle, or mounted by an equestrian. IV. No military or other parade or procession, or funeral shall take place in or pass through the limits of the Park, without the license of the Park Commissioners. V. No person shall engage in any play, at base ball, cricket, shinncy, foot ball, croquet, or at any other games with ball and bat, nor shall any foot race or horse race be permitted within the limits of the Park, except on siich grounds only as shall be specially designated for such purpose. VI. No person shall be permitted to use the shores of the river Schuylkill within the boundaries of Fairmount Park as a landing place for boats, or keep thereat boats for hii-e, nor floating boat houses with pleasure boats for hire, except by special license or lease granted by the Commissioners, to be paid for as the Commissioners shall from time to time direct, and only at i)laces designated by and under restrictions determined upon by said Commissioners. VII. No regatta or boat race by boat clubs, whose houses arfe built upon any part of the Park grounds, shall take place within the boun- daries of the Park without special permission granted by the Com- missioners, or by their Committee on Superintendence and Police. VIII. No velocipedes shall be permitted to be used in Fairmount Park, except upon places that may be specially assigned for their use by the Committee on Superintendence and Police. IX. Belmont avenue within the Park limits shall be kept in order, and used as a highway for burden traffic, as well as general travel for ACT OF APRIL 14, 18G8. 37 I. No persons shall turn cattle, goats, SAvine, horses Cattie, goats, or other animals loose into the Park. horses', &c. II. N^o persons shall carry fire-arms, or shoot birds in Firearms, le Park, or within fiftj or other missiles therein. 1T-»1 • 1 • r" r 11 r i throwing the Park, or within nity yards thereoi, or throw stones stones, &c. III. JSTo one shall cut, break, or in anywise injure or Defacing if» 1 111 n r> ^ T -T -I fees, build- deiace the trees, shrubs, plants, turr, or any or the build- ings, &c., ings, fences, structures or statuary, or foul any fountains springs, &c. or springs within the Park. IV. 1^0 person shall drive or ride therein at a rate ex- Rate of ceeding seven miles an hour. speed. the accommodation of the public, in such manner as shall from time to time be directed by the Comuiissiouers of Fuirmouat Park. (Reso- lution of October IGtli, 18G9.) X. The passage of funeral trains and of droves of cattle, hogs, sheep and other animals over Belmont avenue within the boundaries of Fairmount Park is prohibited. XI. No cattle, horses, sheep or hogs, shall be driven over any bridge across the river Schuylkill within the Park between the hours of ten A. M. and ten p. m. ; nor during other hours of the day in greater numbers than ten cattle or horses, or twenty sheep or hogs, at any one time, nor such droves nearer together than three hundred feet, each drove being in charge of a man ; nor shall any bull be driven in any such drove along with cows ; and it shall be the duty of the Park Guard to enforce this regulation of the Park, by causing the separa- tion of the animals at least three hundred feet from the bi-idge ; and any driver of such animals who shall violate this regulation, or resist the Park Guard in its enforcement, shall pay a tine not exceeding five dollars, to be recovered as provided by law in respect to other Park fines. XII. No person shall annoy, strike, injure, maim or kill any animal kept by direction of the Commissioners, either running at large or confined in a close. Driving off roads. Vehicles '.ised for hire. 38 ACT OF APRIL 14, 1808. V. N'o one shall ride or drive therein, upon any other than upon the avenues and roads. YI. No coach or vehicle used for hire, shall stand upon any part of the Park for the purpose of hire, nor except in waiting for persons taken by it into the Park, unless in either case at points designated by the Commission. Vehicles of VII. ISTo wagou or vehicle of burden or traffic shall pass through the Park, except upon such road or avenue as shall be designated by the Park Commissioners for burden transportation. (a) Street rail- road cars. VIII. ISTo street railroad ea.r{b) shall come within the lines of the Park without the license of the Park Com- mission. Articles ex- IX. ITo pcrsou shall expose any article for sale witliin l°il the Park without the previous license of the Park Com- mission. Ice. Indecent language, &c. X. Xo person shall take ice from the Schuylkill within the Park without the license of the said Commission first had, upon such terms as they may think proper. XL Xo threatening, abusive, insulting, or indecent lano-uaare shall be allowed in the Park. Gnmin?, XII. Xo gauiiug sliall be allowed therein, nor any o^^bcen, y, Qi^gQQjje q^^ iiidccent act therein. Bathing. XIII. Xo person shall go in to bathe within the Park. (n) See ante, page 30, note (a), rule IX. (b) See Act of March 10, 1870, post, page 51. ACT OF APRIL 14, 1868. 39 XIV. ISTo person shall fish or disturb the water-fowl in Fish, water- the pool, or any pond, or birds in any part of the Park, fire-works ' nor discharge any fire-works therein, nor affix any bills ^u:c^°' or notices therein. XV. Xo person shall have any musical, theatrical, or Emertain- other entertainment therein, without the license of the ""'"''" Park Commissioners. XVI. Xo person shall enter or leave the Park except Entrance by such gates or avenues as may be for such purpose arranged. XVII. Xo gathering or meeting of any kind, assem- Political and bled through advertisement, shall be permitted in the ings. Park without the previous permission of the Commis- sion ; nor shall any gathering or meeting for political pur- poses in the Park be permitted under any circumstances. XVIII. That no intoxicating liquors shall be allowed intoxicating liquors. to be sold within said Park. Sect. 22. Any person who shall violate any of said commis- sioners shall rules and regulations, and any others which shall be have power ordained by the said Park Commissioners, for the govern- other rules. ment of said Park, not inconsistent with this act, or the laws and constitutions of this State and United States — ■ the power to ordain which rules and regulations is hereby expressly given to said Commissioners — shall be 2:uilty of Penalty for ^ -^ ^ » ^ violation of a misdemeanor, and shall pay such fine as may be pre- rules. scribed by said Park Commissioners,(a) not to exceed five (a) The fine piescribed by the Commissiouers is five dollars. 40 ACT OF APRIL 14, 18G8. How recov- cTollars for each and every violation thereof, to be recovered. ered. before any alderman of said city, as debts of that amount are recoverable, which fines shall be paid into the city treas- ury : Provided^ That if said Park Commissioners should Aiiiicences licensc tlic takino^ of ice in said Park, or the entry of any may be with '-' 7 ./ ■/ compensa- strcct rallroad car(a) therein, or articles for sale, or musical tion. entertainments, it may be with such compensation as they may think proper, to be paid into the city treas- Further lia- uYj i And 'pvovided^ That any person violating any of said bility for violation of rulcs and regulations shall be further liable to the full extent of any damage by him or her committed, in tres- Tenant shall pQss Or otlicr actlou ; and any tenant or licensed party who forfeit lease, i n . i &c.,for vio- shall Violate the said rules, or any of them, or consent to rules. 01' permit the same to be violated on his or her or their premises, shall forfeit his or her or their lease or license, and shall be liable to be forthwith removed by a vote of the Lease and Park Commissiou ; and every lease and license shall con- license shall contain talu a clausc making it cause of forfeiture thereof for the clause of t t • i • n" forfeiture. Icssec Or party licensed to violate or permit or suiter any violation of said rules and regulations or any of them. Park police Xt shall bc thc duty of the police appointed to duty in the shall arrest _ J L IL J offenders Park, wltliout warraiit, forthwith to arrest any offender without war- rant, against the preceding rules and regulations, whom they may detect in the commission of such offence, and to take And take tlic pcrsoii Or pci'sous so arrested forthwith before a magis- them forth- with before trate having competent jurisdiction. a magistrate. All rents, Sect. 23. All rcuts, license charges and fees ; all fines, chlrgis, proceeds of all sales, except of lands purchased, (/>) and fines, &c., profits of whatsoever kind to be collected, received, or shall be paid i ' ' (a) See Act of March IG, 18T0, post, page 51. (b) Bee Sec. 13, ante, pago 33. ACT OF APRIL 14, 18G8. 41 howsoever realized, shall he paid into the city treasury, into the city oil 1 • 1 • 1 • treasurj' for as a fund to be exclusively appropriated by Councils for Park pur- Park purposes, under the direction of said Commission : ^°''''^' Provided, That monej's or property given or bequeathed Proviso. to the Park Commissioners upon specified trust8(a) shall be received and receipted for by their Treasurer, and held and applied according to the trust specified. Sect. 24. That the Councils of the City of Philadel- ^""""^"^ ■^ may improve phia be and they are hereby authorized to widen and approaches r '' '^ ^ to the Park. straighten any street laid upon the public plans of said city, as they may think requisite to improve the ap- proaches to Fairmount Park. Sect. 25. That nothing in this act contained shall TWsactnot ^ to affect pro- suspend or alFect any proceeding pending in court under ceedings pending in an}'- existing law ; but the same shall be proceeded in as court. if this act had not been passed. Sect. 26. The damages for ground and property taken Land dama- for the purpose of this act shall be ascertained, adjusted ascertained, and assessed in like manner as is prescribed by the act n^anner^^™^ to which this is a supplement.(6) act ofxtef Sect. 27. The said Park Commissioners shall employ. Park police. equip, and pay a Park force, adequate to maintain good order therein and in all houses thereupon; which force shaiibesub- r> 1 Tir ject to the Bhall be subject to the orders ot the Mayor upon any orders of the emergency ; and so far as said force shall consist of others an/eml"- gency. (ffl) See Sec. 17, ante, page 34. (&) See Act of March 26, 1807, Sec. 3, ante, page 21, and Act of April 14, 1868, Sec. 5, ante, page 29. tor 42 ACT OF APRIL 14, 18G8. Howap- than the hands emploj^ed to labor in the Park, it shall be controlled appolntcd and controlled as the other police of the city. ParkSoiici- Sect. 28. [There shall be an additional assistant ap- pointed by the City Solicitor, whose duty it shall be, under the direction of the City Solicitor, to attend to the assessments of damages, and to such other business of a lecral nature connected with the Park as said Commis- sioners may rcquire.]^a) (a) Repealed by the 5th section of the Act of January 27, 1870, post, page 4y. ACT OF APRIL 21, 1869. 43 Act of April 21, 186 9. P. L. 1194. A FURTHER SUPPLEMENT To an act entitled "An act appropriating ground for public purposes in the City of Philadelpliia," approved the twenty-sixth day of March, Anno Domini eigliteen hundred and sixty-seven. Section 1. Be it enacted by the Senate and House of Rep- resentatives of the Commonwealth of Pennsylvama, in General Assembly met, and it is hereby enacted by the authority of the same. That it shall be lawful for the Fairmount Park c Commissioners, in the name of the City of Philadelphia, to prevent and restrain the damage or the destruction of treTJl^&c'° any trees and shrubbery upon any premises within the j^^jj'j"^^]^, bounds described for the Eairmount Park, by the supple- ag^shave not been as ment to the act creating said Park, approved the four- sessed. teenth day of April, eighteen hundred and sixty-eight, although the compensation to the owners may not have been assessed or paid. sioners may prevent ust boundaries of Sect. 2. That the Fairmount Park Commissioners shall Mayadj boundaries have power, on behalf of the City of Philadelphia, to ad- Park with just the boundaries(a) of said Park with any railroad or canI°com- canal company whose track, tow-path or canal navigation ^^^111.''" lies within or is bordering upon said Park, and with any other owner bounding upon the Park, and to receive and To receive " •"• and make make the proper conveyances or releases in adjusting said proper con- '■ ^ " veyances, boundaries as now provided by law,(/>) and if an increase &c. of width be conceded to any company or companies, or in- dividuals, or an exchange of property be made, it shall be (a) See post, page 45, Sec. 5. (6) See Act of April 14, 1868, Sec. 13, ante, page 33. 44 ACT OF APRIL 31, 1869. Rate of com- at Si rate of compensation not less than a just and propor- pensation for property re- tionatc sharc of the cost of the whole property paid at any leased or ex- . changed. timc by the City of Philadelphia, with lawful interest To be paid thereon, which compensation shall be paid into the sink- fund. i»g fund of said city, for the extinguishment of the Park loan. All moneys Sect. 3. That all moneys raised by the City of Pliila- raised for purchase of dclpliia by loans for the purchase of grounds for the Fair- to be kept ' mount Park, and the construction and laying out the separate y. ^^^^^^ sliall be kcpt Separately by the treasurer of the said city, and shall be appropriated and paid for no other pur- poses. («) commis- Sect. 4. It shall be lawful for the said Park Commis- ^takepoZel- sion, after having given sixty days' notice of an intention enyaft^r"^" ^o to do, to take actual possession of any lands or property si.xtydays- ii-i(>|L|je(]^ witliiu thc bouudarics of the Park, althouo;h the notice, ' ~ although compensation or damages for the said grounds or property have not may not have been assessed or paid ;(6) and the City of been as- sessed. Philadelphia shall thereupon become liable for the pay- ment of the compensation or damages which may be awarded for taking such grounds, as of the date when said In that grounds and property were actually taken into possession, event award "~ to bear in- and with iutcrcst from such date: Provided, That hefore terest. any such notice be given as hereinabove provided, the said Commis- Park Coinmissioners shall have made an application to sions shall first make tlic court for thc appointment of a jury according to tlie application . . ^ , for appoint- provisious 01 law.(e) ment ofjury. (a) See Act of April 14, 1868, Sec. 11, ante, page 33. (6) See ante, page 38, note (a). See also Act of Ai^ril 14, 1868, Sec. 9, ante, page 31. (c) See Act of March 23, 1867, Sec. 3, ante, page 21. ACT OF APRIL 21, 1809. 45 Sect. 5. If in laying out and adjusting the grades of the Commis- sioners may boundary avenues of Fairmount Park, the configuration vary the boundaries of the ground shall make it advantageous to vary from the of the Park in adjusting boundaries(a) as now authorized by law, said Park Com- grades of ■,.-,-, 1 boundary missioners are hereby authorized and empowered to nego- avenues, and tiate and agree with any owner or owners of ground tio^ai bounding upon the Park, and so required for the proper s''o""d- location and adjustment of said boundary avenues, as to the price and conversance thereof; and to that end may take and receive additional ground, or make exchanges or releases as the case may require : Provided^ That the area Provided of the said Park shall not be increased thereby. of the Park In case of inability from any cause to fix the price of creased. any land, or to adjust the terms of any exchange of ifcommis- sioners can- ground required for the purpose aforesaid, the same shall not agree wiih owners be determined by a jury appointed for the purpose, in the of land, . , , . , ,.,,.. , Jury shall be manner provided in the act to which this is a su2:)ple- appointed. ment.(6) Sect. 6. That it shall and may be lawful for the City Councils may confer Councils to confer upon said Park Commission, and care of other grounds for the Commission to accept, the care and management upon Com- ... . missioners. irom time to time ot any other grounds now appropriated or hereafter to be appropriated for park purposes within the City of Philadelphia. Sect. 7. N"o Park Commissioner, and no Solicitor acting Commis- ... .^ ^ sioners, Soli- for said Commission, and no person exercising any office, citorand or holding any appointment under such Commission shall to receive (a) See ante, page 43, Sec. 2. (J)) See Act of March 26, 18G7, Sec. 3, ante, page 21. Under author- ity conferred upon them by the above section, the Pai'k Commission- ers have varied the northwest boundary of the Park. 46 ACT OF APRIL 21, 1869. i868— defiii' ing bounda- ries — amended. compensa- recGive, either directly or indirectly, any compensation tion from parties hav- for any service rendered to any party having any claim of any kind, whether for land damages, or in any other manner arising against said Commission, or the city, excepting only the proper salary or compensation, if any, attached to his ofHce, and any offence against the provis- Underpen- ions of tliis scction sliall he deemed a misdemeanor, and altyofexpul- _ ^ • n n^ sion from punisliablc by expulsion from oince. office. ist section Sect. 8. Tlic fii'st section(r<) of an act of Assembly, ap- oftheActof r. A -1 A ^^^ 14 April, proved the fourteenth day ot April, Anno Domini one thousand eight hundred and sixty-eight, entitled " A supplement to an act entitled ' An act appropriating ground for public purposes in the City of Philadelphia,' " approved the twenty-sixth day of j\Iarch, Anno Domini one thousand eight hundred and sixty-seven, shall be amended so that the same in describing the boundaries of Fairmount Park shall read as follows: "Beginning at " a point in the northeasterly line of property owned and " occupied by the Eeading Railroad Company, near the " City bridge over the river Schuylkill at the Falls, where " said northeasterly line would be intersected b^' the line " dividing the property of II. Duhring, from that of F. ''Stoever and T. Johnson, if the same were extended; " from thence in a southwesterly direction upon said divi- " dino- line and its prolongation to the middle of the Ford " road ;" and from thence the said boundary line shall proceed as in said first section is described. And further- more, it is hereby declared to be the true intent and meaning of the fifth section(6) of said act, that all the All grounds pertaining to («) Ante, pao^e 25. (&) Ante, page 29. mentismaJe or warrant is ACT OF APRIL 21, 18G9. 47 grounds pertaining to Fairmount Park, and mentioned P^rkde- and described in any of the sections of said act of As- slbject'to^^ii semblj, shall be subject to all the powers, control and au- feTrrupon thoritj which is by force of law conferred upon the Com- Itner"'" missioners of Fairmount Park. Sect. 9. It is the true intent and meaning of the act Park dam- entitled "An act appropriating ground for public pur-llZZeL poses in the City of Philadelphia," approved March '^^^JZ twenty-sixth, one thousand eight hundred and sixty- "'^^d seven,(«) and of the supplement thereto, passed April four- teenth, one thousand eight hundred and sixty-eight,(^) and of the jDrovisions of this further supplement, that no interest shall be allowed on damages for ground taken up to the time of their payment, or the issue of any warrant for their payment by the City of Philadelphia, excepting ^ only such cases as are provided in the fourth section of this act.((?) (a) Ante, page 19. (b) Ante, page 25. (c) Ante, page 44. See also, as to interest on Park damages before the passage of this act, ante, page 32, note(a). exception. ACT OF JAXVJLRY dT, IS^ t A FrRTIIKR SrrrLEMENT 1V> »n »«^ «ik1ttltl!<^il '"An aKt a]>|VK«|p«iaitins; $?r««sid fix- piftKie ]>«ir> iv>c$«^ itt tW City oif ^olawil^^itkK*,.''* aiyfcvixvd thK« rv^nty-^xldi djiy of Maurv^ Atu»v> lX>«ttttti «N^iK«tt IramnlKd auwl «ixty-;^v««L tb<^ City <»f PhiWlel|[>hift« *>lf tb»? «ilami*^>? avrarvled t<> oat? v-Kv sv,. ^^j. iiflio-»>? owm^T^ of lai*il ftv>m tiwvt* tx> tiiae^ ahhv>wofh tW jttrv $h»]) — ■ -^.trV tWrviw bv \tbo4u tlw daulJ%i^.^ suw tK> be j'ftiu ; j«v>Jadi»Nj t<> tW tight aud jv\vv*r ot" tbth<^ j^*'?' app*>ittif^l by tb tb^ advanta^^ oJf 0|>eii- i«g ^id F^tk to proj>«i>jtii5ii«^, oar iu tbo vicinity of tbo ^ttK\ ami b; < < L.rtial o*- ^i^-cvial iv>poart to d«e^^nni8»«e wbat . ->f said dasna^>? $han be jtiid by tbjrv>j>iejrty owi>e?s be»efiis«d, as now proTidoil by laxr^^w) iw«»i Sibvr. ± Tbat tbr\l ^ witbin'^ in sieetion tliivtie«n(i) a<* of tbo Koort.»8ttb of AjMril^ Anno mMHkini on;t5tfind a^ >4 ACT OF JANUARY 27, 1870. 49 mount Purk, next after the words " Ijcyond or" be jiUercd '""«iti>- to " without." Sect. 3. That slionld aii}' vacancy ha]>])cn in any jury v.ioancics in , ''■'i'< i'liirs, now appointed or hereatter to be appointed, by death or ih-w nikd. resignation, removal or otherwise, it sliall be lawl'ul Ibr the court to fill such vacanc}'' from time to time as it may hapi)en without i)i-cjudice to tlie validity of Hm jiro- ceedings : Proviilcd., 'V\\\\t every claimant shall liave the Every /. 1 . .111 11. cliiimant ojjportunity ot bein i • j.* i t nueasiies and improvement, and tor tlicir preservation as public Park. ^ highways adjacent to the Park.(c) (a) See Act of April 14, 1868, Sec. 2, ante, page 27, wherein the Roberts' Hollow drive is provided for by act of Assembly, {b) As a general proposition, but by no means universal, bridges are treated as portions of the highways which cross them, and are to be maintained by the same persons to whom the duty of repairing the highways is committed : 18 P. F. Smith, 406. (c) So much of the above section as relates to the laying out and control of boundary avenues, has been modified by Sections 7 and 8 of the Act of April 14, 186S, ante, page 30. ORDINANCE OF MARCH 4, 18G8. 59 Sect. 3. The City of Philadelphia hereby declares its Declaration of intention intention to appropriate the shores of the Wissahickon toappropri- ^ , „ . , I ate shores of creek, on both sides of the same, trom its mouth to such wissaWckon point as may hereafter be determined, by said Park Com- "*'^'' missioners, and of such width as may embrace the road now passing along the same, and may also protect the purity of the water of said creek, and preserve the beauty of the scenery upon its banks, so that the same may be hereafter added to Fairmount Park, and constitute a part of the same. And the said Commissioners of Fairmount Commis- sioners em- Park are hereby authorized and empowered, with the aid powered to 1 • T • J- J.1 define the of a proper survey, to define the appropriate limits ot the appropriate ground proper to be taken for Park uses upon both shores g|^^,'d°to be of the Wissahickon, and to report the same for such delinite '^'''="' ^"'^ ' A report to legislation thereon as may be requisite and proper for the Councils. Councils of the City of Philadelphia.(a) Sect. 4. The City of Philadelphia in pursuance of the Area of land and water several acts of Assembly enabling it so to do, and of any described in preceding and all acts of the General Assembly of the Common- sections set wealth conferring such power upon it,(^) does hereby asapub^c" appropriate and set apart forever the area of land and p*"''- water comprised within the limits prescribed in the pre- ceding sections of this ordinance, as an open })ublic ground and Park for the preservation of the purity of the Schuylkill water, and of the health and enjoyment of the people forever. (c) (a) The appropriation of the shores of the Wissahickon creek, and the manner of defining the Park boundaries thereon, is provided for by the 2d Section of the Act of April 14, 1SG8, ante, page 28. (i) See post, page 63. (c) See Act of April 14, 18G8, ante, page 25. 60 ORDINANCE OF MARCH 4, 18G8. Commis- Sect. 5. That in addition to the powers conferred, by sioners au- i /» thorizedto the act of Assembly creating the Commission, upon the sion of Commissioners of Fairmount Park, the City of Philadel- scriTed'i'r P^^^^ hereby authorizes and empowers said Commission to preceding fakc Dossessiou of so much of the around contained sections, and ^ ~ to exercise within the Hmits set forth in the preceding sections of control over and improve this ordiiiancc as may be beyond the limits of the ground the same. • i i appropriated by or under the act of Assembly establish- ing said Commission, and to exercise over the same, as part of Fairmount Park, all the powders and authorities which are requisite for its appropriation, its laying out Subject to and adornment, as part of the Park ;(a) subject, neverthe- such appro- priations as less, to such appropriation as may, from time to time, be may make, made for sucli purposes by the Councils of the city. (6) Commis- Sect. 6. That the said Commission be and they are sioners au- thorized to hereby authorized and empowered to negotiate with the negotiate with owners owuci's of SO mucli of tlic land included wdthin the afore- said limits as is beyond the boundaries mentioned in the act of Assembly establishing the Commission((?) and to agree wnth them if it be practicable as to the price of their land,((i) and if it is not practicable so to do, that Upon failure the Law Department of the city be and the same is to agree, , , „ . Law Depart- hcrcby autliorizcd and directed, upon the request of said (a) See Act of March 26, 1807, Sec. 1, ante, page 19, and Act of April 14, 18G8, Sec. 3, ante, page 2S, and Sec. 5, ante, page 29, and Act of April 21, 18G9, Sec. 8, ante, page 40. (6) So much of the above section as relates to appropriations, is modified by the 4th and 5th Sections of the Act of March 20, 1807, ante, pages 22 and 23, and by the 11th Section of the Act of April 14, 18G8, ante, page 32. (c) Act of March 26, 1867, ante, page 19. (fZ) The same power is conferred upon the Commissioners by the Act of April 14, 1808, Sec. 2G, ante, page 41. ORDINANCE OF MARCH 4, 18G8. 61 Commission, to take proper steps in the law for the ascer- mem to ,,.. r-Ti ^• 1 1 take proper taming and adjusting oi the damages attending the tak- steps for .. IT T / \ adjusting the mg Ot such land.(rt) damages. (a) The clause relatinj^ to the Law Department is superseded by Cd Section of Act of March 26, 18(57, ante, page 21, and 5th Section of Act of January 27, 1870, ante, page 4'J. 62 RESOLUTION OF JANUARY 24, lc71. Resolution of January 24, 1S71. Ordinances 1871, page 8. RESOLUTIOIT Of request to tlie Commissioners of Fairmouut Park aud to the Legislature. ccmmis- Resolved by the Select and Common Councils of the City sioners re- quested to of F] dlculelphia ^ That the Commissioners of Fairmouut construct • i • i x-» art gallery Park be requesteo. to construct within the Park suitable fire-proof buildings for a public art gallery and museum for free exhibition at all times. ACT OF FEBRUARY 2, 1854. 63 HUJSTTIXG PARK AND LEGACY OF ELLIOTT CRESSOISr Act of Fehruarij 2, ISSJf. P. L. 43. A FURTHER SUPPLEMENT To an act, entitled " An act to incorporate the City of Philadelphia." Section 39. **-:***** That it shall be the duty of the City Councils to obtain councils re- by dedication or purchase, within the limits of the said Zlltiv^, city, an adequate number of squares or other areas of ''"'"^^ ""' public ground, convenient of access to all its inhabitants, and lav 'i"^""^' ""'^ out and mamtam such squares and areas of ground as open public places, for the health and enjoyment of the people forever. 64 OEDINANCE OP JULY 10, 1856. Ordinance of July 10, 1S5G. Ordinances 1856, page 177. AN ORDINANCE Relating to "Hunting Park," in the Twenty-third "Ward, of the City of Pliiladelpliia. Boundaries Section 1. The Schct and Common Councils of the City ofHunting Parkde- of Philadelphia, do ordain, That all that certain tract, piece or parcel of ground, situate in the Twenty-third Ward of the City of Philadelphia, commencing at a point in the easterly line of the Old York road, now called l^ork avenue, and the middle of Nicetown lane (formerly thirty-three feet wide, and now increased to the width of sixty feet, by the addition of thirteen feet six inches on each side, as agreed upon by the owners of property on each side thereof) ; thence along the middle of said Nicetown lane south, sixty degrees east, eighty-three perches and forty-seven hundredths of a perch to a point ; thence by land of , north, thirty degrees east, thirty one perches and seven-tenths of a perch to a corner; thence by land of , north, twenty-seven degrees five minutes west, eighty-six perches and two- tenths of a perch to a corner ; thence by land of the said Jacob Steinmetz, north, one and one-half degrees east, twenty-six perches and eight-tenths of a perch to a corner ; thence by the same west forty-five perches and eight- tenths of a perch to the easterly line of the York avenue aforesaid ; thence along said easterly line of said York avenue south, two degrees twenty-five minutes west, ORDINANCE OF JULY 10, 185G. 65 eigLty-nine perches and twenty-nine liundredths of a perch more or less to tlic place of beginning ; containing about forty-three acres twenty-one and two-tenths square per- ches of land, the which premises were generously given to the City of Philadelphia by several of her citizens, as a free gift, to be used as a public park, free of access for all the inhabitants of the city, and for the health and en- joyment of the people, forever, be and the same is hereby devoted and dedicated to public use as and for a Park, and the said area of o;round shall be called " Iluntino- Park." Sect. 2. It shall not be lawful for any person or persons Saie of in- to sell or dispose of intoxicating liquors, or of merchan- liquors Tnd dise of any kind whatsoever, within the boundaries of pr^oh|'J|"e'||^^ said Park ; and if any person shall offend against the pro- visions of this ordinance, he or she so offending shall for- Penalty for so doing. feit and pay for each offence the sum of twenty dollars, which penalty shall be sued for before any alderman of "°^''e- covered. the City of Philadelphia, and the same being recovered, the informer shall be entitled to the one-half part thereof. Sect. 3. It shall be the duty of the Commissioner of Commis- City Property to cause the said Park to be laid out by cit'y Prop- some suitable and competent person, who shall be approved to'c^ause^slld by the ioint special Committee of Councils havino; charo-e P^y''t°''e •^ "^ ■■■ S *D laid out, of this subject, and upon such plan as the said Committee ""'^^'' "■■- tain re " '" may, in conjunction with the Committee of the donors, t'ons. consent to and approve; the said Committee shall report to Councils such plan and cost of same. And he shall also, subject to the like supervision and ap[)roval, cause the same to be planted with suitable and appropriate trees, and otherwise prepared for its future uses. tain restric- 66 ORDINANCE OF JULY 10, 1^56. Appropri- Sect. 4. That the sum of four thousand dollars be and a^on icie ^^^^ samc IS hercbj appropriated to meet the expenses which may be incurred in the execution of this ordinance, the same to be in lieu of any previous appropriation to this purpose. ACT OF MAY 15, 1871. 67 Act of May 15, 187 1. T. L. 873. AX ACT Enlarging the duties and powers of the Commissioners of Fairmount Park, by requiring them to take charge of Hunting Park in the City of Philadelphia, and of the legacy of Elliott Cressou, providing for the planting of trees in said city. Section 1. Be it enacted hy the Senate and House of Rep- careofH.m- ting Park resentatives of the Commonwealth of Fennsijlvania in General transferred • . to Commis- Assembly met, and it is hereby enacted by the authority of the sionersof same, That the care and management of Hunting Park, p^™°"" in the City of Philadelphia, is hereby transferred and com- mitted to the Commissioners of Fairmount Park, who shall be and they are hereby authorized and required to to lay out, , -, 1 1 i J enclose, plant take charge of the same, and lay out, enclose, plant, and ^„j ^j^,„ adorn the same ; and who shall possess and exercise the '^« "'"^^ " ' '■ And to exer- like powers and authorities, in every particular, over the eise uke ^ powers over said Hunting Park, as now by existing laws, or hereafter the same as , they exercise by such as may be passed, they now have, or may here- ^^^r Fair- after come to have, over Fairmount Park, in the City of """""^ Philadelphia. Sect. 2. It shall and may be lawful for said Corainis- commis- sioners to survey, locate, lay out and established an '^"/ou'taT^ avenue,(a) which shall not be less than one hundred feet ""^'^l^''^ in width, which shall extend from Hunting Park to p-'-'^ '° iij. »»i.vAi;xi, ^ Fairmount Fairmount Park, connecting the two Parks Avith each Park. other, at such points as the Commissioners aforesaid may Land re- ' ■*■ _ quired there- think best ; and all and singular the provisions of exist- for shaii be («; See Act of April 4, 1873, Sec. 1, post, page 70. 68 ACT OF MAY 15, 1871. acquired iiig laws relating to Fairmoiint Park, concerning the pertlLrnTto modc of acquiring possession of land, and of the title to liTnTnlnd ^^i^^-, ^^^^ hereby extended to the land and property neces- forFair- gapy in thc iudffment of said commission, to be required mount Park. ^ T t> o Said avenue in oi'dcr to thc laying out and establishment of said pj'rkrird, avenue; the said avenue shall be laid out, paved and undefthe^^ adomcd as a Park road by said Commissioners, and shall control of j^^ uudcr tlicir police control and supervision. the Commis- ^ sioners. • Commis- Sect. 3. That for the purpose of squaring the said mly'make Huutiug Park, and making the same more suitable in und fo?the°' shape for use as a park, the Park Commissioners may nego- purpose of ^^^^^ ^,^^|^ ^^iQ owucr of grouud on the east side of said squaring said ^ Park before Jj^mtluo' Park, aud south side of Bristol street, and Jan. ist, ^ 1872. acquire the title to an area of ground, at least as large as all that part of the said Hunting Park situate north of the line of said Bristol street, which latter ground shall be given in exchange for the ground so acquired east of the said Hunting Park and south of said Bristol street, and a deed or deeds so agreed to be given in even ex- change to the person entitled to receive the same, sliall be executed by the Mayor of the City of Philadelphia whenever he shall be requested so to do by the Park Commissioners ; and the said exchange to be made on or before the first day of January, one thousand eight hun- dred and seventy-t\vo.(«) • Tils Sect. 4. It shall be the duty of the Councils of the siiaii provide Q'^^ ^f Philadelphia from time to time, on the request of sucli moneys J ^ i • i as tiie Com- gaiJ Commissioncrs to provide such moneys as the said miJiaioners may require. (a) See Sec. 2, of the Act of April 4, 1873, post, page 71. ACT OF MAY 15, 1871. 69 Commission may require for the proper execution of the duties imposed upon them by this act. Sect. 5. The care and management of the legacy(«) made careofthe to the City of Philadelphia by the late Elliott Cresson of ^'''T ^'■"' " ± t/ son legacy the sum of five thousand dollars, the income of which is transferred ' to the Park to be applied to the planting of shade trees in said city, Commis- sioners. m accordance with the provisions of his will, is hereby assigned, a[)pointed, and transferred to the Commission- ers of Fairmount Park, who are hereby authorized and directed to receive, execute and discharge the said trust, and to whom the City of Philadelphia is hereby author- ized to pay over any accumulation of interest and income now existing, and such as from time to time accrues for that purpose. (a) Extract from the will of Elliott Cresson, deceasecl. "Item.— I give and bequeath to the Mayor and Councils of Philadelphia the sum of $5,000 in trust, as a perpetual fund, the income from which I desire shall be annually forever expended in planting and renewing shade trees, especially in situations now exposing my fellow-citizens to the heat of the sun— desiring that due care be taken to select the best varieties of fine trees, and excluding such foreign trash, as the Lum- bardy Poplar, Ailanthus, Paper Mulberry and similar exotics." This is a good charitable bequest : 6 C . 4o7. 70 ACT OF APRIL 4, 1873. Act of April 4, 1872. P. L. 900. A SUPPLEMEi^T Preamble. Park Com- missioners may open Bristol street instead of the avenue authorized by the 2d section of the act of May 15th, 1871, see ante page 67. Land re- quired for said street, how ac- quired. To an act, entitled " An act enlarging the duties and powers of tlie Commissioners of Fairmount Park, by requiring them to take charge of Hunting Park, in the City of Philadelphia and of the legacy of Elliott Cresson, providing for the planting of trees in said city." Whereas, By tlie second section of the act to wliicli tins is a supplement, it is enacted that it shall and may be lawful for said Commissioners to survey, locate, lay out and establish an avenue which shall not be less than one hundred feet in width, which shall extend from Hunting Park to Fairmount Park, et cetera ; now there- fore, Section 1. Be it enacted hy the Senate and House of Hep- sentatives of the Commonwealth of Pennsylvania in General Assembly nfiet, and it is hereby enacted by the authority of the same, That the said Commissioners of Fairmount Park be authorized in their discretion, and they are hereby authorized to open, within a reasonable time, the street known as, or designated, Bristol street, on the plan of the City of Philadelphia, from Hunting Park to Fairmount Park, in the place and stead of the avenue authorized by the said second section(<'i) of the said act to be located, laid out and established ; and that all and singular, the provisions of existing laws relating to Fairmount Park, concerning the mode of acquiring possession of land, and (a) See Act of May 15, 1871, Sec. 3, ante, page 67. ACT OF APRIL 4, 1872. 71 of the title to land, are hereby extended to the land and property necessary, in the judgment of said Commission- ers, to be required in order to the opening of said street ; the said street may be opened, macadamized, adorned and shaiibck^pt kept in repair as a Park road by said Commissioners, and Zla^'"'^ shall be under their police control and supervision. Sect. 2. That in order to square the said Hunting commis- Park, and to make the same suitable and more attrac- mir/ex"^^ live in shape for the purposes of a Park, the said Com- i^TdT °^ missioners may, in their discretion, negotiate with the !?"^'^ •^ ' ' ;:? Hunting owner of ground on the east side of Hunting Park and P^>-k before *- July ist, the south side of Bristol street, and may acquire the title 1873. to an area of ground as large as all that part of the said Hunting Park situate north of the line of the said Bristol street ; which latter ground may be given in ex- change for the ground so acquired east of the said Hunt- ing Park and south of the said Bristol street, and a deed or deeds so agreed to be given in exchange to the person entitled to receive the same, shall be executed by the Mayor of the City of Philadelphia, whenever he shall be requested so to do by the Park Commissioners, and the said exchange to be made on or before the first day of July, one thousand eight hundred and soventy-thrce.(a) (a) See Act of May 15, 1871, Sec. 3, ante, page 68. l.EAp'12 k