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![handle is hein.ssl/sspa0273 and id is 1 raw text is: ACT
S
OP TIM
general %0emnblp of Jaengu1bania,
Passed at a Session which commenced October 14th, 1720,
and continued by adjournments to August 26th, 1721.
WILLIAM KEITH. LIEUTENANT GOVERN'O
CHAPTER CCXLII.
An ACT for regulating party-walls, buildings, and partition-
fences, in the city of Philadelphia. (b)
WHEREAS divers inconveniences, irregularities and controver-
sies, have lately been, and still frequently happen, in relation to par-
(b) This act had lain dormant and
inoperative for some time, in conse.
quence of the dissolution of the Corpo-
ration of Philadelphia, at the time of
the revolution ; the Corporation alone
being empowered to appoint Surveyors
and Regulators. It was, therefbre,
amended and rendered effectual by the
act of the 15th of April, 1782, (chap.
971.) By the latter act, the power of
appointLing the Surveyors andRegulators
was vested in any four or more of the
Justices of the Peace of the city and
county of Philadelphia; appeals from
the orders of the Regulators were di-
rected to be made to the Court of Com-
mon Pleas ; the penalty on laying the
foundation of a party wall, before it was
adjusted and marked out by the Rege-
lators, was raised toL' 10 to be recover-
able within twelve months ; provision
was made for ascertaining the northern
and southern boundaries of the city;
the Regulators and Justices, on appeal,
were directed to keep records of their
orders, &o. the fees of regulators
were prescribed, and they were em.
powered at all seasonable hours to en-
ter on any lot in the city, in order to
perform their duties ; and the streets
which have been opened by private per-
sons and dedicated to public use, or
which have beenl laid out by the Execu-
tive in pursuance of a law, are.declared
to be highways. The act, likewise,
declared, that no length of possession
of any part of a public street or way
within the city should be available, as
a bar to prevent the removal of a
nuisance; [and in I Dallas's Reports,
page 150, it was decided to be no justi.
fication, on an indictment, for a nul-
sance by intruding on the public proper.,
ty, that the public was benefited;]
that no vaults should be dug under the
street, without first obtaining leave
from the four Justices aforesaid, and a
majority of the Regulators; and that
'within tbree months, iron grates of a
specified make and size should be plac-
ed over all vaults, where grates of a
different kind had been previously
placed. The 12th section of the act
'which empowered the Commissioners
to remove all trees from the streets,
was repealed on the 20th of September,
1782, (chap. 919.) But for the revival
of the jurisdiction of the Corporation in
appointing regulators, &c. see. chapter
1383, sect, 29, 30. See, likewise, the
acts for regulating the streets, &c. in
Southwark, (post. chap. 481,) and tie
acts there referred to ; and the acts
regulating the streets, &c. in the North-
ern-Liberties, (post. chap. 624,) and t4e
acts there referred to.
Digitized from Best Copy Available
1721.](ViewImageLocal?handle=hein.ssl/sspa0273&div=1&collection=&method=preview&ext=.png&size=3)