age retained by them, on work done by them, on section fifty. six of the Juniata division of the Pennsylvania canal: Provided, That the same shall not exceed one hundred and ten dollars and sixty cents. WM. PATTERSON, Speaker of the House of Representatives. THOS. RINGLAND, Speaker of the Senate. APPROVED-The fifth day of April, one thousand eight hun dred and thirty-four. GEO: WOLF.. No. 108. AN ACT For the regulation of the side walks of Germantown. 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 the legal voters of that part of the township of Commiss'rs Germantown, residing on the Germantown and Perkiomen to be elected. turnpike road, lying and being between the five mile stone and Trukinger's lane, shall, on the first Monday of May next, between the hours of two and nine o'clock, on the afternoon of that day, elect, from among the citizens residing within the bounds aforesaid, three suitable persons as commissioners, whose duty it shall be to regulate the side walks within the bounds aforesaid, to remove all obstructions, and where necessary, to regulate the ascent and descent, as far as practicable, without injury to private property. The said commissioners, before entering upon the performance of their duties, shall be sworn or affirmed, by any justice of the peace, to perform all and singular the duties imposed on them by the provisions of this act, and the said commissioners shall, immediately on their being elect- To levy a tax. ed, proceed to levy a tax on the taxable inhabitants residing on, and the property fronting on the said Germantown and Perkiomen turnpike road, within the bounds aforesaid, in the same ratio as the road tax of the year one thousand eight hundred and thirty-three, to be collected in the same manner and at the same time as the said road tax: Provided, That nothing here- Proviso. in contained shall be so construed as to prevent those owners of land, who are desirous of removing obstructions and regudating the ascent and descent before their own property, of so to furnish doing at their own expense, under the direction of the commis sioners aforesaid, and all persons so complying, shall be exempt from the re-assessment of road tax under the provisions of this act. SECTION 2. And it shall be the duty of the commissioners Co. comm'rs of the county of Philadelphia, to furnish the board of commissioners created by this act with the necessary assessment of persons and property within the bounds aforesaid. them with assessment, Time of ser. vice, &c. of commiss'rs. Side walks regulated. SECTION 3. The said commissioners shall serve for the term of one year, without compensation, and in case of resignation, refusal, or neglect to serve, shall be liable to a fine of twenty dollars each, which fine shall be appropriated in defraying the expenses incurred in regulating the said side walks; and in case of the resignation of the whole board of commissioners, or of a vacancy by resignation or otherwise, the judges of the court of Quarter Sessions of Philadelphia county shall fill said vacancy by appointment from among the citizens of the township; and it shall be the duty of the board of commissioners, to elect one of their body treasurer, who shall receive all moneys collected and pay the same on orders signed by the remainder of the board, and it shall be the duty of the treasurer of the board to recover all fines incurred as above specified, in the same manner as debts of a like amount are recoverable by law, and at the expiration of their term of service, the commissioners shall settle their accounts with the township settlers, and place into the hands of the supervisors of the Lower Ward whatever ba lance may remain in their hands, to be appropriated by said supervisor, or his successor, to the repairs of the side walks aforesaid. SECTION 4. Upon the application of a majority of any por tion of the inhabitants residing on the said turnpike road, next adjoining the said improvements, it shall be the duty of the com missioners to regulate the side walks, under the provisions of this act, within the bounds of the petitioners, and as soon as regulated by the said commissioners, the side walks shall be kept in repair by the supervisor of the district in which they shall be situate, and the expenses of said repairs shall be defrayed out of the road tax. SECTION 5. The inspectors and judges of the last township election, shall be the judges and inspectors of the election to be Election, how held under the provisions of this act, which shall be held at the same place, and conducted in the same manner as the township elections now are. conducted. SECTION 6. When the said side walks are regulated in the manner prescribed by the first section of this act, it shall be the Side walks to duty of the owner or owners of property aforesaid, within two be paved. months thereafter, to lay, or cause to be laid, good and sufficient pavements of flat stone, brick or other hard material, at least five feet wide, from the wall or curb of said turnpike road, and in case of neglect or failure so to do, the commissioners, em powered by this act, shall, after twenty days notice in writing to the owner or owners thereof, out of funds of said township, lay, or cause to be laid, said pavement, and the cost and ex pense thereof, with interest from the time the same is laid, shall be a lien on the real estate of the owner or owners of the property before whose front the same is laid, and the supervisor may also proceed to recover the same, as debts of like amount by law are recoverable, in his name, as supervisor aforesaid. WM. PATTERSON, Speaker of the House of Representatives. THO'S. RINGLAND, Speaker of the Senate. APPROVED-The fifth day of April, one thousand eight hun. dred and thirty-four. GEO: WOLF. No. 109. AN ACT To authorize the Commissioners and inhabitants of the incorporated district of the Northern Liberties to prevent or to regulate the erection and removal of wooden buildings within the limits of the said district. 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 the commissioners and inhabitants of the incorporated district of the Northern Liberties, be and they are hereby authorized and empowered to pass ordinances to prevent or to regulate the erection and removal of any wooden dwelling house, shop, ware house, carriage house, store, stable or other wooden building, within the limits of the said incorporated dis trict. WM. PATTERSON, Speaker of the House of Representatives. THO'S. RINGLAND, Speaker of the Senate. Approved-The fifth day of April, Anno Domini, eighteen hundred and thirty-four. GEO: WOLF. No. 110. AN ACT To erect the town of Elizabeth in the county of Allegheny into a borough 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 the town of Elizabeth, in the county of Allegheny, shall be and the same is hereby erected into a borough, which Name. shall be called the "borough of Elizabeth," and shall be comprised within the following bounds, to wit: Beginning at the mouth of Philip Smiths' run; thence up said run to the spring Boundaries. whence it issues; thence a direct course to the house of Samuel Walker, now occupied by David Jacobs, including the same; thence a direct course to the dam of Walker and Craighead's saw mill on Fallen Timber run; thence along the foot of the hill a direct course to the frame house of Doctor Penniman, including the same; thence by the line of the front of said house to the eastern corner of Hugh Fergas's meadow lot; thence by the course of Fallen Timber run to the Monongahela river; thence along the margin of said river at low water mark to the place of beginning. Election of burgess, council and ble. SECTION 2. It shall and may be lawful for all persons having resided within the said borough six months next preceding the election, and being entitled to vote for members of the General Assembly, on the first Monday of May in each and every year hereafter, to meet at the tavern house belonging to John high consta. Walker and now occupied by John Walden, and then and there elect by ballot, between the hours of twelve meridian and six in the evening, one reputable citizen residing therein, who shall be styled the burgess of the borough, and five reputable citizens to be a town council, and shall also elect a high constable; but previous to the opening of such elections, the said inhabitants shall elect three reputable citizens, one of whom shall preside as judge, one act as inspector and the other perform the duty of a clerk, according to the general election laws of this Commonwealth, so far as relate to the receiving and counting votes, and who shall be subject to the same penalties for mal-practices as by the said election laws are imposed. And the said judge, inspector and clerk, before they enter on the exercise of their respective duties, shall take an oath or affirmation before any justice of the peace of the county of Allegheny, to perform the same with fidelity, and shall hold the said elections from time to time as occasion may require; receive and count the ballots and declare the persons having the greatest number of votes to be duly elected, whereupon duplicate certificates thereof shall be signed by the said judge, inspector and clerk, one of which shall be transmitted to each of the persons elected and the other filed among the records of the corporation for their safe keeping; and in the case of vacancy by death, resignation, refusal to accept, or removal from the borough, of any of the said officers, the burgess, or in his absence or inability to act, the first named of the town council shall issue his precept directed to the high constable, directing him to hold an election to fill such vacancies, he giving at least ten days notice of such election by advertisements put up at three of the most public places in the said borough. Capacities & SECTION 3. The burgess and town council duly elected as aforesaid, and their successors forever hereafter, shall be one body politic and corporate in law by the name of "the burgess Style. and town council of the borough of Elizabeth, in the county of Allegheny," and shall have perpetual succession; and the said burgess and town council and their successors forever hereafter, privileges. shall be capable in law to receive, hold and possess lands, tencments, hereditaments, rents, liberties, franchises and jurisdictions, to them and their successors in fee simple or otherwise; also, goods, chattles and other things of whatever nature, not exceeding the yearly value of three thousand dollars; and also to give, grant, let, sell and assign the same lands, tenements, hereditaments, &c. and by the name aforesaid they shall be capable in law to sue and he sued, plead and be impleaded in any of the courts of this Commonwealth in all manner of actions whatever, and to have and use one common seal, and the same from time to time at their will to change and alter. SECTION 4. If any person duly qualified to elect and be Penalty for elected, whether a burgess, or a member of the town council refusing aforesaid, having been elected and notified as before directed, office. shall refuse or neglect to take upon himself the execution of the office to which he shal! have been elected, every person so refusing or neglecting shall forfeit and pay the sum of twenty dollars, which fine, and all other fines and forfeitures, incurred and made payable in pursuance of this act, or the by-laws and ordinances of the town council, shall be for the use of the town council. Officers to be sworn or SECTION 5. The burgess and town council, and high constable, and each of them shall take an oath, or affirmation, before a justice of the peace of the county of Allegheny, to support affirmed. the constitution of the United States and of this State, and well and truly to execute the duties of their respective offices in the borough of Elizabeth, before they shall enter upon the execu tion thereof, and the certificate of such oath or affirmation shall be recorded in the books of said corporation. SECTION 6. It shall be lawful for the town council to meet Powers of the as often as occasion may require, and may appoint a town town council. clerk, and such other officers as may be necessary for regulating the streets, lanes, and alleys, and removing nuisances therefrom; for regulating partition walls and fences; to enact |