That the parties requesting the removal of the said causes shall, before Security for costs, removing the same, give security in such sum as the court of common pleas of Lehigh county may direct, conditioned for the payment of all costs of suit in case of judgment being rendered against them. FINDLEY PATTERSON, WILLIAM P. WILCOX, Speaker of the Senate. APPROVED-The twelfth day of April, one thousand eight hundred and forty-five. No. 255. FRS. R. SHUNK. AN ACT For the better regulation of police in the city of Philadelphia, and the adjacent districts. SECTION 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 City, districts the city of Philadelphia, and the districts of Southwark, Spring Garand township, to den, incorporated Northern Liberties, Kensington and Penn, and the establish police. township of Moyamensing, in the county of Philadelphia, be and they are hereby required to establish and maintain, respectively, police forces, to consist of not less than one able bodied man, for every one hundred and fifty taxable inhabitants in the said city, districts and townships, respectively, for the prevention of riots, and the preservation of the public peace. Superintendent of, and Regulation of. Penalty for noncompliance with first section. Proceedings in case of riots, &c. SECTION 2. That the councils of the said city, and the commissioners of each of the said districts and township, shall appoint a superintendent of police for their respective corporate limits; and the councils of the said city, and the commissioners of the said districts and township, shall have power to provide, by ordinance, for the regulation and control of their respective police forces, as they may deem proper. SECTION 3. That on failure or neglect of the said city or township, or any of the said districts, to comply with the provisions of the first section of this act, the city, township or district, so failing or neglecting, shall be liable for all loss or damage which may accrue from injury to, or destruction of property within such city, township or district, occasioned by any riot, tumult, or unlawful assembly, within the limits of such city, township or district, to be recovered by action by the owner or owners of such property, against such city, township or district, and in such case the county shall not be liable for such loss or damage. SECTION 4. That in case of a riot, tumult, or unlawful assembly, to the disturbance of the public peace, occurring, or being within the said city, township or districts, which the police force of the city, township or district, in which such riot, tumult, or unlawful assembly may be, is unable, or fails or neglects to suppress, it shall be the duty of the sheriff of the county of Philadelphia, forthwith to make requisition on the several superintendents of police, provided for in this act, for the whole or any part of the police forces under their respective commands, as he may deem necessary for the restoration of the public peace, which requisition the said superintendents shall forthwith obey; and the said sheriff is hereby authorized to require and command the services of the said superintendents, and the police forces under their command, for the suppression of riot and the preservation of the public peace, in any part of the county of Philadelphia. SECTION 5. That if any persons shall be unlawfully, riotously, and Duty of sheriff. tumultuously assembled together, to the number of twelve or more, to he disturbance of the public peace within the city and county of Phiadelphia, it shall be the duty of the sheriff of the said county, either n person, or by some one specially deputed by him for that purpose, or of one of the said superintendents, to go among the said rioters, or is near to them as he can safely go, and there with a loud voice, make proclamation, in the name of the commonwealth, requiring and com- Proclamation. manding all persons there so unlawfully, riotously, and tumultuously assembled, and all other persons not being there on duty as police, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business; and if such persons, notwithstanding such proclamation made, unlawfully, riotously and tumultuously remain, or continue together to the number of twelve or more, after such proclamation made, then such continuing together after proclamation so made, shall be adjudged a misdemeanor, and the said Penal clause. offenders, upon conviction thereof, shall be sentenced to undergo a solitary confinement at labor in the county prison, for a period not less than one month, nor more than two years. SECTION 6. That if after proclamation made as aforesaid, or if the Powers of the said sheriff or other person authorized as aforesaid, shall attempt to sheriff when remake such proclamation, and shall be prevented by force from making sisted. the same, then, after such attempt made, if such persons so unlawfully, riotously and tumultuously assembled, or twelve or more of them, shall continue together, and not disperse themselves forthwith, then it shall be lawful for the said sheriff and superintendents of police, and also for every high constable, constable, and such other person and persons as shall be commanded to be assisting under such sheriff or superintendent of police, who are hereby authorized to command all citizens of age and ability to be assisting to them therein to disperse, seize and apprehend such persons so unlawfully, riotously and tumultuously continuing together, after proclamation made or attempted to be made as aforesaid; and they are hereby required so to do, and to use all necessary force for that purpose; and the said sheriff, superintendents of police, and all and every person or persons so aiding and assisting them, shall be free, discharged and indemnified, as well against the commonwealth as Indemnification. against all and every other person and persons, for or concerning the killing, maiming, or hurting of any such person or persons so unlawfully, riotously and tumultuously assembled or continuing together, after proclamation made or attempted to be made as aforesaid, that shall happen to be killed, maimed or hurt. SECTION 7. Every person not belonging to the regular police, sum- Pay of posse moned, and aiding, and assisting the sheriff and officers of justice in comitatus. the suppression of any riot, in pursuance of the provisions of this act, shall be paid by the commissioners of the said county the sum of one dollar for each day or part of a day that he shall be so employed, upon presenting the certificate of the sheriff of said county that he was so summoned, and that he did so aid the officers as aforesaid. Military posse. Pay. When to act. Sheriff's requisition for military. Penalty on sheriff, for neglect, &c. On Superintendents. SECTION 8. If in any case the sheriff of the said county shall certify in writing to the major general, or commanding officer of the military division, composed of the said city and county, that there is an existing riot, tumult, and unlawful assembly within the said city or county, which the police force under his command is not in his opinion competent to suppress without further aid, and shall require the said major general or commanding officer to assist him with the military force under his command, the said major general or commanding officer shall give the necessary orders to the effect that such military force, or such part thereof as he shall deem necessary, shall be mustered immediately into the service of the commonwealth, and be subject to the laws applicable to such service; and shall proceed in military array and subordination, and by military force, in any part of the said city or county, to restore the public peace by suppressing such riot, tumult, and unlawful assembly, and by seizing and securing the offenders therein for trial and punishment according to law; and it shall be lawful for the said military to proceed in suppression of such riot, tumult, and unlawful assembly, as aforesaid, by such military force and in like manner as in case of war or public insurrection; and the said military force shall continue and remain in service and upon duty and under due military command and subordination, until the said sheriff shall certify in writing to the said major general or commanding officer that the riot, tumult, and unlawful assembly is entirely suppressed; and the military body so called into service, shall be entitled while on actual duty to be paid as follows, to wit: Two dollars a day to the privates, non-commissioned officers and musicians, and four dollars a day to the commissioned officers, and two dollars a day for each horse employed, the amount whereof, together with the expense of their ammunition and artillery used on such duty, shall be paid out of the treasury of the said county; but such military body shall not be required to march to the place of any such riot, tumult, or unlawful assembly, until after the sheriff, or other person authorized by this act to make proclamation as aforesaid, in an audible voice and as near to the said rioters or persons unlawfully assembled as he can safely and with convenience go, shall have commanded such rioters and persons unlawfully assembled, and all other persons not being then and there on duty as police, or as a part of the sheriff's posse, civil or military, to return to their lawful homes and business. SECTION 9. The requisition of the sheriff so made as aforesaid upon the commanding officer of any division, brigade, regiment, battalion, or company, shall be conclusive evidence that the services of the military were necessary for the suppression of such riot, tumult, or unlawful assembly. SECTION 10. If the sheriff of the said county, or either of the said superintendents of police shall, after notice or knowledge of any riot, tumult, or unlawful assembly within the said city or county, and a requisition in writing by any two aldermen or justices of the peace, or any five citizens of said city or county, calling upon him or them to suppress the same, refuse or neglect to carry into effect the provisions of this act, he shall, on conviction thereof, be removed from his office and be fined in a sum not less than one hundred dollars nor more than five hundred dollars, in addition to any penalty prescribed by any existing law; and if either of the said superintendents shall refuse or neglect to obey any requisition or command of the said sheriff, which he, by this act, is authorized to make, the superintendent so refusing or ne glecting shall, upon conviction thereof, be removed from office and be fined in a sum not less than one hundred dollars nor more than five hundred. SECTION 11. In case of the death, absence, or inability to act of the Power of coroner sheriff, the coroner of the said county shall perform the duties by this in default of sheact directed to be performed by the sheriff; and in such case the said riff. coroner shall have all the rights, powers, and authority by this act given to the sheriff, and shall be liable to the same penalty in case of his ne- Liability. glect or refusal to carry in effect the provisions of this act, and the said superintendents shall be subject to the same penalty in case of refusal or neglect to obey his lawful requisition or command. SECTION 12. Nothing in this act contained shall be construed in any Powers of muniway to impair, diminish, or restrain the duty or authority of any sheriff, cipal officers. coroner, mayor, alderman, justice of the peace, or other officer in this commonwealth, to suppress riot and preserve the public peace; but on the contrary it is expressly declared, that the said power and duty, and all other the powers and duties of sheriffs, coroners, .mayors, aldermen, justices of the peace, and other officers, shall continue and remain in as full force as they now are at common law, or by virtue of any act of assembly. FINDLEY PATTERSON, Speaker of the Senate. APPROVED The twelfth day of April, one thousand eight hundred and forty-five. FRS. R. SHUNK. No. 256. AN ACT To divide the wards of the district of Spring Garden into election divisions. SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacied by the authority of the same, That How divided. from and after the passage of this act, the first and fourth wards shall each be divided into two divisions, Eighth street, from Vine street to the northern boundary, shall divide said wards. The second ward shall be divided into two divisions, viz: By Spring Garden, running east and west; and Twelfth street, running north and south. The third ward shall be divided into two divisions, by Hamilton street, running east and west. SECTION 2. So much of the first ward, as lies between Sixth street First ward. and Eighth street, shall be denominated the first division of the first ward.. So much of said ward, as lies between Eighth street and Tenth street, First ward. shall be denominated the second division of the first ward. So much of the second ward, as lies between Vine street and Spring Second ward. Garden street, shall be denominated the first division of the second ward. Second ward. Third ward. Third ward. Fourth ward. Fourth ward. Elections, &c. Places and times of holding elections. Conduct of. Duties of judges and inspectors in first ward. In second ward. In third ward. So much of said ward, as lies between Spring Garden street and the northern boundary, shall be denominated the second division of the second ward. So much of the third ward, as lies south of Hamilton street, shall be denominated the first division of the third ward. So much of the said ward, as lies north of Hamilton street, shall be denominated the second division of the third ward. So much of the fourth ward, as lies between Sixth street and Eighth street, shall be denominated the first division of the fourth ward. So much of the said ward, as lies between Eighth street and Tenth street, shall be denominated the second division of the fourth ward. SECTION 3. Hereafter all elections, (except military,) shall be held within the several wards in said districts. SECTION 4. That the court of quarter sessions shall appoint the places for holding the general election in October, one thousand eight hundred and forty-five; and thereafter, the places for holding the general and all other elections in said district, shall be changed in accordance with the provisions of the fifty-sixth section of the act, entitled "An Act relating to the elections of this commonwealth," passed the second day of July, one thousand eight hundred and thirty-nine, and all elections shall be held at the same place. SECTION 5. The general election, in the year eighteen hundred and forty-five, shall be held and conducted by the election officers, as follows, viz: The judge and inspectors of the first ward, shall hold the election for the first division of the first ward; and the said judge shall appoint one judge, and the said inspectors shall each appoint one inspector, who shall hold the election for the second division of the first ward. The judge and inspectors of the second ward, shall hold the election for the first division of the said second ward; and the said judge shall appoint one judge, and the said inspectors shall each appoint one inspector, who shall hold the election for the second division of the said second ward. The judge and inspectors of the third ward, shall hold the election for the first division of the third ward; and the said judge shall appoint one judge, and the said inspectors shall each appoint one inspector, who shall hold the election for the second division of the In fourth ward. third ward. The judge and inspectors of the fourth ward, shall hold the election for the first division of the fourth ward; and the said.judge shall appoint one judge, and the said inspectors shall each appoint one inspector, who shall hold the election for the second division of the Clerk, his powers fourth ward. The inspectors so appointed shall each appoint one clerk, the judges, inspectors and clerks, so appointed, shall possess the qualifications requisite for such officers, shall be residents of the divisions for which they shall be appointed, and shall possess the same powers, perform the same duties, and be subject to the same penalties as is now prescribed by the laws of this commonwealth; and no inspector in said division shall receive any ticket from any person other than an elector residing within the said divisions: Provided, That hereafter the judges and inspectors shall be elected in the several divisions by the qualified voters thereof, in the manner and at such time as is now directed by law: And provided also, That nothing in this act contained, shall be construed to effect or interfere with the present division of the wards of the district of Spring Garden, or the officers thereof, as herein before specified. and duties. Proviso. Construction. Boxes, blanks, &c. SECTION 6. The county commissioners shall furnish the judges, and inspectors with the necessary boxes, blanks and paper, for holding the election; and shall also furnish a list of the taxable inhabitants of each of the divisions, as now required by law: Provided, That hereafter |