To the Board of Inspectors of the Western Penitentiary of Pennsylvania. Gentlemen-In my report last year, I pointed out many of the defects in the construction of this prison, and the inconveniences necessarily resulting therefrom, the impossibility of introducing into this prison a regular system of profitable labour, and the very doubtful prospect of reformation in the prisoners confined within its walls. The opportunities for communication be. tween convicts, enables them to form conspiracies and concert plans for escape, and for other mischievous purposes, and enables the most depraved and abandon. ed amongst them, to extend their demoralizing and contaminating influence throughout the prison, thereby preventing reformation in others, and defeating the objects of the institution. I deem it unnecessary to dwell upon this subject, or to repeat what has been heretofore communicated, as the Inspectors have a full knowledge of the defects in + Sentence reversed by Supreme Court. the construction of this prison, and of the necessity of a thorough and radical alteration of the interior being made, before any benefits can result from the operations of this institution. During the last year, there has been earned by convicts, as follows, viz. $244 00 340 00 1 50 7 50 $593 00 During the year 1831,there have been received fortyfour convicts, forty-one have been discharged, and one has died, leaving in prison on the 31st December, 1831, sixty-four prisoners. Of those who have been discharged from the prison, as far as heard from, there are but very few cases of amendment. Although in this prison, in its present defective state, so little has been effected either in a moral, religious or pecuniary point; I have no doubts in my mind, as to the efficiency of the system of separate confinement on the plan of the Eastern Penitentiary, I would therefore respectfully recommend that this prison be altered, and the cells re-built on the plan of those of that prison. If this, or some other measures is not adopted, serious injury will be the result. All which is respectfully submitted. January 1, 1832. JOHN PATTERSON, AN ACT To enable the Mayor, Aldermen, and citizens of Philadelphia to carry into effect certain improvements, and certain trusts. Whereas, by the last will and testament of Stephen Girard, late of the city of Philadelphia, deceased, the sum of five hundred thousand dollars is bequeathed to the mayor, aldermen, and citizens of Philadelphia, in trust among other things, to apply the income thereof, "first, to lay out, regulate, curb, light and pave a passage or street on the east part of the city of Philadelphia, fronting the river Delaware, not less than twentyone feet wide, and to be called Delaware Avenue; extending from South or Cedar street, all along the east part of Water street squares, and the west side of the logs which form the heads of the docks, or thereabouts; and to this intent, to obtain such acts of assembly, and to make such purchases or agreements as will enable the mayor, aldermen, and citizens of Philadelphia, to remove or pull down all the buildings, fences, and obstructions which may be in the way, and to prohibit all buildings, fences, or erections of any kind to the eastward of said avenue, to fill up the heads of such of the docks as may not afford sufficient room for the said street, to compel the owners of wharves to keep them clean, and covered completely with gravel or other hard materials, and to be so levelled that water will not remain thereon, after a shower of rain, to completely clean, and keep clean, all the docks within the limits of the city, fronting on the Delaware; and to pull down all platforms carried out from the east part of the city, over the river Delaware, on piles or pillars." "Second, to pull down and remove all wooden buildings, as well as those made of wood and other combustible materials, as those called brick-paned, or framed buildings, filled in with bricks, that are erected within the limits of the city of Philadelphia; and also to prohibit the erection of any such building within the said city's limits at any future time." "Third, to widen, pave, and curb Water street, and to distribute the Schuylkill water therein, upon" a certain plan therein set forth. Now, for the purpose of enabling the mayor, aldermen, and citizens of Philadelphia aforesaid, to effect the improvements contemplated by the said testator, and to execute in all other respects, the trusts created by his will, to enable the constituted authorities of the city of Philadelphia to carry which into effect, the said Stephen Girard has desired the legislature to enact the necessary laws. be made in the court of Quarter Sessions for the county of Philadelphia. Sect. 2. And be it further enacted by the authority aforesaid, That it shall be lawful for the mayor, aldermen, and citizens of Philadelphia aforesaid, in manner aforesaid, to lay out Water street, in the said city, anew, in such manner as that the same shall be as nearly straight as conveniently may be, and of a uniform, or as near as may be uniform width throughout, not less than thirty-nine feet, if practicable, and the same to open and keep open for ever, as a common and public highway; and that having laid out said Water street of such increased width, they shall cause a record of the same to be made in the court of Quarter Sessions for the county of Philadelphia. Sect. 3. And be it further enacted by the authority aforesaid, That it shall be lawful for the mayor, aldermen, and citizens of Philadelphia aforesaid, to pass ordinances, or take other measures for regulating, adjusting, and determining the easternmost line to which wharves may thereafter lawfully be constructed on the river Delaware, fronting said city, and to cause a record of such regulated line to be made in the court of Quarter Sessions for the county of Philadelphia; to fix and decide on, or cause their officers to fix and decide on the levels of all wharves fronting the said city, and to declare the regulation thereof; to require the owners thereof to pave the same or lay them with gravel, according to such regulation, so as effectually to drain and pass off the water from the same, and to require all persons owning and occupying or using docks or wharves, to cleanse the same, and to keep the same in repair, and to prescribe the form, materials, and character of workmanship of all wharves hereafter to be constructed, and to require all platforms now projecting into the river Delaware, and supported on piles, pillars or piers, to be removed, and to prohibit the construction, in future, of any such projecting platforms; and to require the removal, and prohibit the construction, in future, of all buildings, fences, and other obstructions, to the eastward of the Delaware Avenue, above mentioned, and to declare all erections and constructions whatsoever, contrary to the said ordinances, whether erected before or after the passage of the same to be nuisances, and generally to devise, ordam and execute whatever other things shall by them, the said mayor, aldermen, and citizens of Philadelphia aforesaid, be deemed necessary or convenient for the good arrangement, security, and government of the said wharves: Provided, That the easternmost line of the said wharves shall not be held to be finally determined, and the record thereof shall not be made, as aforesaid, unless the board of wardens, of the port of Philadelphia, shall decide and make their certificate in writing, that such easternmost line is not inconsistent with the public interests, which certificate shall also be recorded in the said court of Quarter Sessions; but if the said certificate shall not be granted by them, within three months after application made therefor, the refusal or omission of the said board of wardens to grant such certificate, shall, when duly verified by affidavit, be esteemed the judgment and decision of the said board of wardens, that such easternmost line is inconsistent with the public interests, and in case such a decision shall in any wise be made, an appeal shall lie therefrom to the said court of Quarter Sessions, as in other cases, and the judgment of the said court, in fayor of such regulated line, shall be, for all purposes, equivalent to a similar decision by the said board of wardens: Provided, That nothing herein contained shall be construed to give authority to any one to erect wharves, or piers, extending out as far as the said regulated easternmost line, without license from the said Sect. 1. Be it enacted by the Senate and House of Represntatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That it shall and may be lawful for the mayor, aldermen, and citizens of Philadelphia, by ordinance lawfully enacted, or the intervention and act of authorized officers or agents, to lay out, regulate, curb, light, and pave a passage or street, not less than twenty-one feet in width, on the east part of the city of Philadelphia, fronting the river Delaware, at such distance or distances in the several parts there-board of wardens, as heretofore. of from the eastern line of Water street as they shall judge proper, extending from Vine to Cedar street, to be called the Delaware Avenue; and that, having laid put such street, they shall cause a record of the same to Sect. 4. And be it further enacted by the authority aforesaid, That it shall be lawful for the mayor, aldermen, and citizens of Philadelphia aforesaid, to pass ordinances, prohibiting the construction within the said city, or any parts thereof, of all framed or brick-paned or other buildings, the walls whereof are not wholly composed of incombustible materials, determining the thickness of which walls of buildings of different dimensions and character shall hereafter be made in the said city, and in making all such other legal provisions as they shall think expedient for preventing the extension of injuries from fire, in the said city, and to declare all buildings, the walls whereof are not wholly composed of incombustible materials, to be nuisances. Sect. 5. And be it further enacted by the authority aforesaid, That when any of the said ordinances shall have been passed, or other proceedings had in relation to the said Delaware Avenue and Water street, or either of them, and the record thereof shall have been made as aforesaid, it shall be lawful for the mayor, aldermen, and citizens of Philadelphia aforesaid, to proceed, from time to time, to open for public use, any part or parts thereof, and the same to keep open as common and public highways forever; and to that end, to enter upon such property as may be found to be within the same, construct wharves extending into the river, within the lines of said Delaware Avenue, and to a reasonable distance beyond the same, and fill up all docks within the limits thereof, and remove all obstructions, of whatever kind, from within the limits of said avenue and street, or any parts thereof, and level, drain, pitch, and pave the same, as other streets in the said city. And from and after the passing of such ordinances, and the record of the said avenue and street, all buildings, thereafter erected or rebuilt on the said avenue and street shall conform to the recorded limits of the same, and the mayor, aldermen and citizens of Philadelphia aforesaid, may pass ordinances, declaring all obstructions within the same to be nuisances. Sect. 6. And be it further enacted by the authority aforesaid, That it shall at all times be lawful for the mayor, aldermen, and citizens of Philadelphia, aforesaid, to remove and abate any building, erection or obstruction whatever, which, by this act, or by any ordinance to be hereafter passed by virtue of it, may be declared a nuisance. Provided, That if such building, erection or obstruction shall have been in existence at the time of the passage of this act, or of such ordinance passed by virtue thereof, the mayor, aldermen, and citizens aforesaid, shall give at least three months notice of their intention to remove the same to the persons having the ownership, occupation or use thereof, or in case no such persons shall be known to them, then they shall affix a copy of such notice to and upon such building, erection, or obstruction, three months before proceed. ing to remove the same. Sect. 7. And be it further enacted by the authority aforesaid, That it shall be lawful for the said mayor, aldermen, and citizens of Philadelphia, aforesaid, to provide for the punishment of any person or persons who shall commit any nuisance contrary to the intent and meaning of this act, and of the ordinances which may be passed by virtue thereof, and of any person or persons who having committed any such nuisance, shall, after notice, refuse or neglect to remove the same. Sect. 8. And be it further enacted by the authority aforesaid, That all persons whatsoever, who shall receive damage to their property by reason of any thing which shall have been done by the mayor, aldermen, and citizens of Philadelphia, under this act, or any ordinances passed by virtue hereof, may, after ten days notice of such their intention, to the mayor, aldermen, and citizens aforesaid, apply by petition in writing, to the court of Quarter Sessions for the county of Philadelphia, who shall thereupon appoint a jury of twelve disinterested freeholders, citizens of the city of Philadelphia, which jury shall assemble, after ten days notice of their meeting, given as aforesaid, and shall be sworn or affirmed to inquire what damages the petitioners, or any of them, have sustained by reason of any thing so done, considering as well the advantages which may accrue to such petitioners as the injuries by them complained of, and the said jury having viewed the premises and heard the parties, or their counsel, shall report in writing, under the hands of at least ten jurors, and their report having been considered and confirmed by the court, the damages thereby found, shall be paid by the mayor, aldermen, and citizens aforesaid, in six months after the confirmation of the said report. Sect. 9. And be it further enacted by the authority aforesaid, That if the mayor, aldermen, and citizens aforesaid, shall deem it expedient that the damages should be legally ascertained before proceeding to enter on premises for the purpose of removing obstructions, and before appropriating to public use, any property of individuals, or otherwise injuriously affecting the rights and interests of any proprietor, the mayor, aldermen, and citizens aforesaid may, from time to time, apply to the court of Quarter Sessions for the county of Philadelphia, by petition, in writing, specifying therein as nearly as may be, the persons and property in regard to which they desire that the damages should be ascertained, and thereupon the said court shall appoint a jury of twelve disinterested freehold ers, citizens of the city of Philadelphia, which jury shall assemble, after ten days notice of their meeting giving to the owners or occupiers of the property, and shall be sworn or affirmed, as is provided in the foregoing section of this act, and having viewed and heard, as is therein provided, shall report in writing, under the hands of at least ten jurors, specifying in their said report,as well as the causes for which damages, if any should be paid, as the amounts of such damages, and in such case, the mayor, aldermen, and citizens aforesaid, may, within one year after the confirmation of such report by the court of Quarter Sessions, tender to any owner of property named therein, the amount of damages thereby found in his favor, or may pay the same into court, for his use and benefit, and may thereafter proceed to enter upon the premises, and remove the obstructions, or appropriate the property for which damages shall have been so paid or tendered, first giving three months notice to the tenant in possession, if any: Provided however, That if the amount so found by such jury in favor of any owner, shall not be so tendered or paid within one year after the confirmation of such report, then the proceedings had upon the said petition of the mayor, aldermen, and citizens aforesaid, shall, so far as relates to the said owner, be null and void, and the mayor, aldermen, and citizens aforesaid, may thereafter present their petition in writing anew, under this section, as if no proceedings had before been had: And provided also, That when a report shall have been made by a jury, under the provisions of this section, and damages shall have been tendered or paid, in accor dance therewith, if thereafter any other damage than that reported on shall be sustained, the party aggriev ed may thereafter apply, in regard to such other damages, for a jury to assess the same, under the eighth section of this act: Provided further, That it shall at all times be competent to the mayor, aldermen, and citizens aforesaid, to agree with any owner or owners of property, so to be taken, removed, or affected for the damages thereby to be occasioned, and such agreement shall be instead of any of the proceedings detailed in this or the foregoing sections of this act: And, forasmuch as in the course of time it may appear that powers are not vested in the said the mayor, aldermen, and citizens of Philadelphia, which may be yet required to the full execution of those parts of the said will of the said Stephen Girard, for the carrying of which into effect he has in his said will requested legislative provision, and it is the object and intent of this act fully to confer all such powers. Sect 10. Be it further enacted by the authority aforesaid, That it shall be lawful for the mayor, aldermen, and citizens of Philadelphia, to exercise all such jurisdiction, enact all such ordinances, and do and execute To enable the Mayor, Aldermen, and citizens of Philadelphia to carry into effect certain improvements, and certain trusts. be made in the court of Quarter Sessions for the county of Philadelphia. Sect. 2. And be it further enacted by the authority aforesaid, That it shall be lawful for the mayor, aldermen, and citizens of Philadelphia aforesaid, in manner aforesaid, to lay out Water street, in the said city, anew, in such manner as that the same shall be as nearly straight as conveniently may be, and of a uniform, or as near as may be uniform width throughout, not less than thirty-nine feet, if practicable, and the same to open and keep open for ever, as a common and public highway; and that having laid out said Water street of such increased width, they shall cause a record of the same to be made in the court of Quarter Sessions for the county of Philadelphia. Sect. 3. And be it further enacted by the authority aforesaid, That it shall be lawful for the mayor, aldermen, and citizens of Philadelphia aforesaid, to pass orWhereas, by the last will and testament of Stephen dinances, or take other measures for regulating, adjustGirard, late of the city of Philadelphia, deceased, the ing, and determining the easternmost line to which sum of five hundred thousand dollars is bequeathed to wharves may thereafter lawfully be constructed on the the mayor, aldermen, and citizens of Philadelphia, in river Delaware, fronting said city, and to cause a record trust among other things, to apply the income thereof, of such regulated line to be made in the court of Quarfirst, to lay out, regulate, curb, light and pave a pas-ter Sessions for the county of Philadelphia; to fix and sage or street on the east part of the city of Philadel- decide on, or cause their officers to fix and decide on phia, fronting the river Delaware, not less than twenty- the levels of all wharves fronting the said city, and to one feet wide, and to be called Delaware Avenue; ex- declare the regulation thereof; to require the owners tending from South or Cedar street, all along the east thereof to pave the same or lay them with gravel, acpart of Water street squares, and the west side of the cording to such regulation, so as effectually to drain and logs which form the heads of the docks, or thereabouts; pass off the water from the same, and to require all perand to this intent, to obtain such acts of assembly, and sons owning and occupying or using docks or wharves, to make such purchases or agreements as will enable to cleanse the same, and to keep the same in repair, and the mayor, aldermen, and citizens of Philadelphia, to to prescribe the form, materials, and character of workremove or pull down all the buildings, fences, and ob- manship of all wharves hereafter to be constructed, and structions which may be in the way, and to prohibit all to require all platforms now projecting into the river buildings, fences, or erections of any kind to the east- Delaware, and supported on piles, pillars or piers, to be ward of said avenue, to fill up the heads of such of the removed, and to prohibit the construction, in future, of docks as may not afford sufficient room for the said any such projecting platforms; and to require the restreet, to compel the owners of wharves to keep them moval, and prohibit the construction, in future, of clean, and covered completely with gravel or other all buildings, fences, and other obstructions, to the hard materials, and to be so levelled that water will not eastward of the Delaware Avenue, above mentioned, remain thereon, after a shower of rain, to completely and to declare all erections and constructions whatsoevclean, and keep clean, all the docks within the limits of er, contrary to the said ordinances, whether erected bethe city, fronting on the Delaware; and to pull down all fore or after the passage of the same to be nuisances, platforms carried out from the east part of the city, over and generally to devise, ordan and execute whatever the river Delaware, on piles or pillars." "Second, to other things shall by them, the said mayor, aldermen, pull down and remove all wooden buildings, as well as and citizens of Philadelphia aforesaid, be deemed necesthose made of wood and other combustible materials, as sary or convenient for the good arrangement, security, those called brick-paned, or framed buildings, filled in and government of the said wharves: Provided, That with bricks, that are erected within the limits of the the easternmost line of the said wharves shall not be city of Philadelphia; and also to prohibit the erection of held to be finally determined, and the record thereof any such building within the said city's limits at any fu- shall not be made, as aforesaid, unless the board of wardture time." "Third, to widen, pave, and curb Water ens, of the port of Philadelphia, shall decide and make street, and to distribute the Schuylkill water therein, their certificate in writing, that such easternmost line is upon" a certain plan therein set forth. Now, for the not inconsistent with the public interests, which certificate purpose of enabling the mayor, aldermen, and citizens shall also be recorded in the said court of Quarter Sesof Philadelphia aforesaid, to effect the improvements sions; but if the said certificate shall not be granted by contemplated by the said testator, and to execute in all them, within three months after application made thereother respects, the trusts created by his will, to enable for, the refusal or omission of the said board of wardens the constituted authorities of the city of Philadelphia to to grant such certificate, shall, when duly verified by сагту which into effect, the said Stephen Girard has de- affidavit, be esteemed the judgment and decision of the sired the legislature to enact the necessary laws. said board of wardens, that such easternmost line is inconsistent with the public interests, and in case such a decision shall in any wise be made, an appeal shall lie therefrom to the said court of Quarter Sessions, as in other cases, and the judgment of the said court, in favor of such regulated line, shall be, for all purposes, equivalent to a similar decision by the said board of wardens: Provided, That nothing herein contained shall be construed to give authority to any one to erect wharves, or piers, extending out as far as the said regulated easternmost line, without license from the said board of wardens, as heretofore. Sect. 1. Be it enacted by the Senate and House of Represntatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That it shall and may be lawful for the mayor, aldermen, and citizens of Philadelphia, by ordinance lawfully enacted, or the intervention and act of authorized officers or agents, to lay out, regulate, curb, light, and pave a passage or street, not less than twenty-one feet in width, on the east part of the city of Philadelphia, fronting the river Delaware, at such distance or distances in the several parts thereof from the eastern line of Water street as they shall judge proper, extending from Vine to Cedar street, to be called the Delaware Avenue; and that, having laid out such street, they shall cause a record of the same to Sect. 4. And be it further enacted by the authority aforesaid, That it shall be lawful for the mayor, aldermen, and citizens of Philadelphia aforesaid, to pass ordinances, prohibiting the construction within the said |