same lands, tenements, hereditaments, rents, goods and chattels, and by the name aforesaid they shall be capable in law to sue and be sued, plead and be impleaded in any of the courts of this commonwealth in all manner of actions whatsoever, and to have and use one common seal, and the same from time to common seal.. time at their will to change and alter. glecting to dischange his duty fined 20 dollars. not to serve more years compelled to SECT. IV. And be it further enacted by the authority aforesaid, officer refusing That if any person duly elected as chief burgess, assistant bur- to serve, or ne gess, member of town council, or high constable as aforesaid, and having received notice thereof as directed by this act, shall refuse or neglect to take upon himself the duties of said office, or shall neglect to discharge the same according to law, every person so refusing or neglecting, shall for every such offence forfeit and pay the sum of twenty dollars; Provided nevertheless, High constable That no person shall be permitted to serve as high constable more than three than three years in any term of six years, nor be compelled to out of six, nor şerve more than once in every ten years, which fine and all other serve more than fines and forfeitures incurred and made payable in pursuance of this act or of any by-laws and ordinances of the town council, shall be for the use of said corporation, and shall be recovered before the chief burgess, or in his absence or inability to act, before Mode of recover the assistant burgess in the same manner that debts not exceeding the fine. ing one hundred dollars are recoverable before a justice of the. peace by the laws of this commonwealth; and when so recovered shall be forthwith paid to the treasurer of said borough; and it shall be the duty of the officers of said borough, on receiving any money belonging to said corporation, to pay the same to the treasurer of said borough forthwith. once in ten years; To be paid, & tion to be taken same to be filed. SECT. V. And be it further enacted by the authority aforesaid, Oath or affirmas That the chief burgess, assistant burgess, town council, and by the officers. high constable, and each of them before entering upon the duties of their respective offices, shall take and subscribe an oath or affirmation before any justice of the peace of said county to support the constitution and laws of the United States, and of this state, and to execute the duties of their respective offices Certificate of the with fidelity; and the certificate of such oaths and affirmations shall be filed among the records of the said corporation. SECT. VI. And be it further enacted by the authority aforesaid, Power to make That it shall and may be lawful for the town council to meet as often as occasion may require, and repeal, revive, amend and enact such by-laws and make such rules, regulations and ordinances, as shall be determined by a majority of them, necessary to promote the peace, good order, benefit and advantage of the said borough, particularly of providing for the regulation of the market, streets, alleys and highways therein, shall have power to assess, apportion and appropriate such taxes as a majority of tion taxes. them shall determine to be necessary for carrying the said rules and ordinances from time to time into complete effect; and also rept al laws, &c. Assess and appre And appoint a treasurer and other officers, and to remove them. town council to be held at the court house. Proviso. to appoint a treasurer, town clerk, and such other officers as they or a majority of them shall deem necessary, and also to remove at any time such officer or officers for misdemeanor or Meetings of the neglect of duty in office, which meetings of the said town council shall be held at the court house in said borough until otherwise provided for by a law of said borough; Provided, That no by-law, rule, regulation or ordinance of said corporation shall be repugnant to, or inconsistent with the constitution or laws of the United States or of this commonwealth, and that no person be punished for a breach of a by-law or ordinance of said corporation until ten days have expired after promulgation thereof, in at least six handbills set up in the most public places in said borough; And provided also, That in assessing taxes strict regard shall be had to the valuation of taxable property taken next before such assessment for the purpose of raising county rates and levies, and so that the said tax shall not in any one year exceed the amount of the county tax for that year assessed, unless some object of general utility shall be thought necessary, in which case it shall be determined and approved by a majority of the taxable inhabitants of said borough assembled in town meeting, eight days notice of which shall be given by advertisements signed by the burgesses or a majority of the town council, and affixed in at least six of the most public places, therein notifying the time, place, and object of the said town meeting. Second proviso. Chief burgess or assistant autho cepts, for collecting taxes; and to carry into of the corpora tion. SECT. VII. And be it further enacted by the authority aforesaid, rized to issue pre- That the chief burgess elected and qualified agreeably to this act, or in his absence or inability to act, the assistant burgess is hereby authorized to issue his precept as often as occasion may require, directed to the collector commanding him to collect all taxes so assessed, and the same to pay over to the treasurer. And the said chief burgess, or in his absence or inability to act, the assistant burgess is hereby authorized to carry into effect all bylaws and ordinances enacted by the town council, and whatsoever else shall be enjoined upon him or them for the well ordering and governing of said borough, and the said chief burgess, or in his absence or inability the assistant burgess, shall have jurisdiction in all cases of dispute that may arise between the corporation and individuals, in what relates to the imposing and collecting the borough tax, and appointments made by the said To remit or mi- town council. And shall also have power to mitigate or remit forfeitures in cer- fines and forfeitures where it shall appear that the person or persons so fined did not offend intentionally, or on their having some other just and reasonable excuse to plead in his or their behalf, which excuse shall be satisfactorily proven to the chief burgess, or assistant burgess, as the case may be; Provided nevertheless, That it shall and may be lawful to and for the justice of the peace of the said borough, and all and every of the said justice or justices of the peace aforesaid, residing or being in Jurisdiction in cases of dispute, &c tigate fines and tain cases. Proviso. the said borough, to do and execute every act or acts as pertaining to their office agreeably to the powers conferred on them by the constitution and laws of this commonwealth. SECT. VIII. And be it further enacted by the authority aforesaid, Duties of the town clerk That it shall be the duty of the town clerk to attend all meetings of the town council when assembled upon business of the corporation, and perform the duty of clerk thereto, and keep and preserve the common seal and records of the corporation, and be answerable for the same. And also for the faithful discharge of all the duties enjoined upon him by this act or of the acts of the corporation, and his attestation with the seal of the corporation shall be good evidence of the act or thing so certified. SECT. IX. And be it further enacted by the authority aforesaid, Treasurer to That the treasurer shall give sufficient security for the faithful give security. discharge of the duties of his office, for the safe delivery of all monies, books and accounts appertaining thereto, into the hands of his successor upon demand made for that purpose. constable, collec bit their accounts SECT. X. And be it further enacted by the authority aforesaid, Treasurer, high That the treasurer, high constable, collector, and all other offi- tor, &c. to exhi cers which may be appointed by the town council, shall at the annually. meeting of the town council in the month of May, yearly, render their accounts to the said council for settlement; and the said accounts being adjusted and settled by the said council shall be forthwith published by the said council, shewing particularly the amount of the taxes laid and collected, and of the expendi tures. SECT. XI. And be it further enacted by the authority aforesaid, Duty of high That it shall be the duty of the high constable to give notice of constable. the annual elections of the said borough, held in pursuance of this act, by setting up advertisements in at least six public places within the said borough, at least ten days previous thereto, and he shall attend and see that the same is opened at the time and in the manner directed by this act; Provided, That it shall be Proviso, the duty of the present high constable to publish and superintend in like manner the election to be held in the month of March next; And provided also, That in case of the death, ab- Further provis, sence or inability of the high constable to act, the town council shall have power to appoint a temporary high constable. cers to be fixed of the borough treasury. &c. SECT. XII. And be it further enacted by the authority aforesaid, Salaries of offiThat the town council shall from time to time affix the salaries by the council, and be paid out of the high constable, town clerk, treasurer, and all other officers which may be appointed under this act or any by-law of said corporation; which salaries shall be paid out of the borough treasury by orders drawn thereon by the president of the council, which salaries shall not be increased or diminished during the time for which the said officers were appointed respectively; E rcviso. What officers shall constitute a Board of appeal. Duties of the Proviso. Provided, That if any person appointed by the town council as aforesaid, shall neglect or refuse to take upon himself the duties of the office to which he shall be so appointed, shall forfeit and pay for the use of the corporation, the sum of five dollars, unless he can render to said council a satisfactory reason why he should be excused from such service. SECT. XIII. And be it further enacted by the authority aforesaid, That the chief burgess, assistant burgess and town council, or a majority of them shall constitute a court of appeal, and prior to the collection of any borough tax, the collector shall inform each inhabitant of the amount of his tax and of the time and place of appeal; Provided, That the said court of appeal shall have no other power as such than to determine the justness of the apportionment of said tax, and to remedy any grievance that Further proviso. may occur in imposing the same; Provided also, That if any person or persons shall think him, her, or themselves aggrieved by any thing done in pursuance of this act, he, she, or they may appeal to the next court of quarter sessions of the peace, to be held for Mifflin county on giving security agreeably to law to prosecute his, her or their appeal with effect; which court shall take such order therein as they shall think just and reasonable, which order or judgment shall be conclusive against all parties. Time when this act to come into operation. law. SECT. XIV. And be it further enacted by the authority aforesaid, That from and after the sixteenth day of March next, the corporation hereby established shall be in force and fully subRepeal of former stituted in the place and stead of the corporation created by an act entitled "An act erecting Lewistown in the county of Mifflin, into a borough," passed the eleventh day of April, one thousand seven hundred and ninety-five, which said act, from and after the sixteenth day of March aforesaid, be and the same is hereby repealed. JOHN WEBER, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED the sixth day of February, one thousand eight hundred and eleven. SIMON SNYDER. CHAPTER XXVIII. An ACT authorizing a loan of money from the State to William WHEREAS it appears to the legislature that William Eichbaum of Pittsburg has erected works, and procured a part of the machinery necessary for the manufacturing of wire, but not possessing a capital sufficient to enable him to finish and carry on the said manufactory, he hath petitioned the legislature for a loan of money for that purpose. And whereas it is the true policy of this state to give encouragement to works of public utility, to foster our own manufactures and to render ourselves independent of foreign nations for articles, of absolute necessity; Therefore, ed to William Echbaum upon certain condi tions. SE T. 1. Be it enacted by the Senate and House of Representatives of the commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That a loan 3000 dollars loanbe granted from the state to William Eichbaum of three thousand dollars, to be paid by warrant from the governor out of any money in the state-treasury not otherwise appropriated; he the said William Eichbaum first giving bond, with sufficient security, to the satisfaction of the governor, with a warrant of attorney to confess judgment to the commonwealth for the repayment of the said loan in seven years, with interest at three per centum per annum, and upon condition that if the said William Eichbaum, shall not within three years from the date hereof apply the money as aforesaid, and bring the manufactory aforesaid into complete operation, the said loan shall be repayable at the end of the said three years with interest at six per centum per annum. JOHN WEBER, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED the sixth day of February, one thousand eight hundred and eleven. SIMON SNYDER. CHAPTER XXIX. An ACT to provide for the recording of roads and township lines heretofore laid out in the county of Berks. WHEREAS it hath been represented to the legislature that a number of reports of roads and township lines within the county of Berks have not been recorded in books by the officers at the time being, and that the reports on file, from the lapse of years and frequent use, are much injured and in danger of becoming unintelligible; For remedy whereof, SECT. I. Be it enacted by the Senate and House of Represen tatives of the commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That it Justices of the shall be the duty of the justices of the court of quarter sessions and county com.. of the peace, and county commissioners of the county aforesaid, quired to meet quarter sessions, missioners re |