The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-11-05
CITY ORDINANCES.

= EsoL.U TON
~ Requesting the passage Of an Act of AS
sembly TO enable the City to make grants on
Penn squares for certain public uses.
Whereas, William Penn, the first Proprietary
OF Pennsy lvania, dedicated a square In the
centre of the city of Philadelphia, now inter.
uses, declaring that "at each angle are to be
houses for public affairs as meeting-house,
assembly or State-house, market house,
school-house, and several other buildings for
And whereas. said square, now called by the
name of Penn, is an open space uuoccupied by
any building Tor any public use, whilst the
greatest good of the greatest number requires
that It should be occupied for purposes that
will promote learning, knowledge, science,
and virtue among the people, and elevate the
character of the city and Commonwealth
founded 10y Penn, and increase the happiness
OF mankind; therefore
Resolved, BY the Select and Common Coun-
ellis of the city of Philadelphia, That the
Mayor OF said city be authorized aud requested
to make application TO the next Legislature for
the passage of the following Act OF Assembly to
enable the city Of Philadelphia TO de-
vote Penn Squares, in said city, TO objects of
literature, science, and education, in such way
knowledge, and the welfare and happiness of
the people having regard to the views expressed
by the founder of the city and Com wealth,
and the wants of the present and future inha.
An Act to aUthorize the city Of Philadelphia to
make grants on Penn Squares, IN said Cty, JOr
WherodS, William Penn the first Proprietary
of Pennsy ylvania, dedicated square in the
ed by Market and Broad streets, TO public uses
declaring that "at each angle are to be houses
for public affairs, as meeting house. assembly
or State-house, market house. school house
and several other buildings Tor public con
cerns."
And Whereas, Said Square, now called by the
name of Penn, is an open space, unOccupied by
any building for any public use; whilst the
greatest good of the greatest number requires
that il should be occupied for purposes that will
promote learning, knowledge, science and
virtue among the people, and elevate the char
acter of the City and Common wealth founded
by Penn, and increase the happiness of man
kind
Section l. BE 10 enacted by the Senate and House
Of RepreSentdtiUeS Of the Commonwealth Of Penn
SulUQnia and is hereby enacted 6ythe authority OF
The same That it shall and may be lawful for the
Councils of the City OF Philadelphia to grant,
of Natural Sciences, of Philadelphia" "The LII
brary Company, of Philadelphia" "The Ameri-
can Philosophical Society, held at Philadelphia,
denny of Fine Arts, of Pennsylvania" "The
Franklin Institute, of Philadelphia" or other
kindred or like associations, incorporated for
the diffusion of useful knowledge. and their
successors, and for the said Institutions to
accept grants from said city, and make all
proper covenants for the regulation, occupa-
tiOn, and erection OF permanent buildings on
portions or the whole of Penn Square in said
city, either at one or successive times. as said
parties may agree, to be held, used, and enjoyed
by the said corporate bodies only for the pur.
poses for which they have been respec
lively Incorporated, or may be tncorpo-
rated by amendments to their charters,
under the laws of this Commonwealth, having
for their objects the promotion of learning
science knowledge, and virtue among the peo.
pie thereof Provided That such corporatfons
shall never alien their said buildinp or said
granted premises, or devote them to other
objects than as aforesaid, except as they may
undt rlet or lease for term of years portions of
their buildings to others, subject to the provi-
sions of this statute for any purposes specified
act and for objects consistent with the purposes
of said institutions, and having IN view the
diffusion of seful knowledge; and all rents
which shall be received by said institutions
shall be devoted ana used only TO and for the
purposes for which they have been or may be
Incorporated as aforesaid: Aud provided fur
ther That the benefits to be derived from these
purposes herein express d, and for which this
grant is made, shall be enjoyed free and unre-
stIicted by the people of Philadelphia.
Section q II any of said Institutions should
fail TO carry into effect the purposes of the
lively with the said City or desire at any time
to surrender the possession of the premises
for said city TO accept surrender of such pre-
mists, and TO grant and regrant such premises
and every part of said Square TO other lnstltu-
tiops for the same like purpose purposes
hereinbefore expressed, aud to and for any OBJ
ject specified as aforesaid by the donor, and not
Section And should any institution or cor
poration to whom grants of the use of said
square, or any part thereof shall have been
made for the purpose of promoting purposes of
public usefulness as aforesaid make default
and fail to fulfil the intention OF the grant, or
abuse their rights and privileges, it shall be the
duty of the City of Philadelphia to proceed by
Bill in Equity in the Supreme Court or Penn
sylvania, TO obtain such decree may effect
Correction of any abuse or diversion of the
hereby authorized use, and also, If the circum-
stances in the opinion OF said Court shall re.
quire it,, to decree forfeiture of the grant, aud
restoration OF the premises to the possession
of said city upon such terms as may be just and
equitable between the parties and thereupon
the said city may hold, or regrant such pre-
misses Tor any purpose er purposes authorized
by this act.
Section 4. All grants of uses aforesaid, under
this act, shall be regulated - under and by
authority of an ordinance or ordinances of the
Councils OF the City of Philadelphia, and be in
all respects subject thereto, and shall be under
the seal OF the City, attested by the Mayor and
the Presidents of the respective Councils and
without further attestation or aclxnowledg
ment shall be recorded in the office Tor record
ing deeds in the county of Philadelphia, and
eXempli1cations OF such records shall be evil
dence as in other cases of deeds there recorded.
JOSEPH Il. MARCER,
President of Common Council.
Attest
BENJAMIN II. HAINES,
Clerk of Select Council.
JOSHUA SPERING,
President of Select Council.
Approved this fourth day of November,