Section 27. And be it further enacted by the authority aforesaid, That the board of health or a committee of them, shall have power, having first obtained a warrant from a justice of the peace in due form of law, founded on a complaint of two householders under oath or affirmation, directed to the sheriff of the county of Philadelphia or his deputy, to enter and search all houses, stores, cellers and other inclosures, between sun rise and sun set, where they may have just cause to suspect any nuisance to exist: Provided however, That no sheriff or deputy sheriff shall execute any civil process, either by arresting the body or attaching the goods and chattels of any person or persons, under color of any entry made for the purposes aforesaid, unless such service could by law have been made without such entry; and all services so made under colour of such entry shall be utterly void, and the officer making such service shall be considered a trespasser. And it shall be the duty of the said board to cause all offensive or putrid substances, and all nuisances which may have a tendency in their opinion to endanger the health of the citizens, to be removed from the streets, lanes, alleys, highways, wharves, docks or any other part or parts of the city of Philadelphia, the district of Southwark, and the townships of the Northern Liberties, Moyamensing and Penn, and to cause such of the privies within the limits aforesaid to be emptied or corrected with lime or otherwise, at the expense of the individuals who are the owners of the houses to which the said privies are appurtenant, as the said board shall from time to time deem necessary for the health of the inhabitants thereof. And if the owners or occupiers of the premises on which any nuisance may be found, and the owners of the houses to which the said privies are appurtenant, shall, on due notice thereof, refuse or neglect to have the same immediately removed, emptied or corrected as aforesaid, he, she or they so refusing or neglecting shall forfeit and pay for every such offence, any sum not less than twenty nor more than two hundred dollars, to be recovered and appropriated as by this act directed. And the expense attending the removal of such nuisance, shall be recovered by the board in any court having lawful jurisdiction from all corporate bodies and individuals, in case due notice has been given to remove the same, and a refusal or neglect to do so within the time prescribed by the board.
Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.