Proviso. act, or of any of the by-laws, ordinances, rules and regulations of the burgess and council, shall be for the use of said corporation, and shall be recoverable, in the same manner, as debts of equal amount are, or shall hereafter be, by law recoverable, unless, herein otherwise provided for, and when so recovered, shall be, forthwith, paid to the treasurer of the borough; and it shall be the duty of the officers of the said borough, on receiving any money belonging to the corporation, to pay the same to the treasurer forthwith: Provided, That no persou elected, as aforesaid, be liable to a fine for refusing or neglect. ing to serve more than once in five years. SECTION 63. The burgess, members of the council and high constable and each of them, before entering on the duties of their Oath of office respective offices, shall take and subscribe an oath or affirmation before a judge or justice of the peace of said county to sup port the constitution of the United States and of this State, and to perform the duties of their respective offices with fidelity, and the certificates of such oaths or affirmations shall be recorded amongst the records of the corporation. powers of the burgess and council. SECTION 64. It shall be the duty of the burgess and town council to meet as often as occasion may require; at which meetings the burgess shall preside, and in case of an equal diMeetings and vision of the council give the casting vote, and four members of the council shall constitute a quorum to transact business; and the said burgess and council shall have power at such meetings to ordain and enact, revise, repeal and amend all such or dinances, by-laws, rules and regulations as shall be deemed expedient to promote the peace, good order, benefit and accommo dation of the citizens of said borough; to designate the width of side walks; improve, repair and keep in good order the streets, alleys, side walks and public grounds in the said bo rough; to regulate the depth of vaults, sinks, drains, pits for privies; make permanent rules for the foundations of buildings and party walls; regulate the fences, side posts and railings along the streets and public grounds, and to improve and adorn the public grounds; to remove all obstructions and nuisances in the said borough; to prohibit and prevent the run ning at large of geese, sheep, goats, swine, dogs, horses, cattle and other beasts in the said borough, and to authorize their seizure and sale in such manner as shall be provided by the or dinances of the said corporation; to impose fines and penalties incurring partial or total forfeitures, and to require and compel the owners of houses, stores, workshops, stables, buildings and lots to pave the side walks in front of their respective houses, stores, workshops, stables, buildings and lots on such streets and public grounds and with such materials as shall by the town council be deemed necessary and expedient, and the same to keep in repair; and to provide for the conveyance and distribution of a sufficient quantity of good and wholesome water to and through the borough, and its permanent continuance for the accommodation of the inhabitants; and to make and estab. lish a sufficient number of reservoirs to supply water in case of fire; and to prohibit the exhibition of plays, shows, mountebanks, jugglers and all and every other exhibition, under such restrictions, fines and penalties as the said burgess and council shall direct; and to require and compel the inhabitants of the said borough to clean the chimneys and stove pipes in the buildings used and occupied by them in such manner and as often as the said burgess and council may regulate and direct; and also to require and compel the owners of all houses, stores and work. shops in the said borough, to provide and keep in good order such number of leather fire buckets, in proportion as the assessed value of the property owned, as the burgess and town council may direct. And the burgess of the said borough shall have the power and authority to form and organize as many fire companies of the citizens of said borough as there are or shall be fire engines belonging to said borough; which fire companies shall be subject to the rules and regulations of a written constitution, which shall be signed by the members of said com. pany or companies and approved of by the burgess, coun cil, and members of said fire companies, while they continue as such, and subject to the rules and regulations contain ed in the said constitutions, shall be and are hereby exempt from militia duty; and the said burgess and town council shall have power and authority to assess, apportion, raise and appropriate such taxes as shall be by them deemed necessary, for repairing the streets and for carrying the by-laws, ordinances, rules and regulations and objects of general utility into complete effect; and all by-laws, ordinances, rules and regulations shall be signed by the burgess and attested by the town clerk, and enter in the records of the corporation; and also to appoint annually one or more street supervisors, a town clerk, a treasurer and such other officers as may from time to time be deemed necessary, and the same officers, from time to time, remove, and also to make return to the commissioners of said county, of all unseated lots in the said borough, in the same manner as supervisors of the public roads are now authorized and required to do, in the several townships in said county, whereon the same proceedings shall be had, as are now authorized by law, for the collection of taxes on unseated lands: Provided, That no bylaw, ordinance, rule or regulation of the said corporation, shall be repugnant to the constitution or laws of the United States, or of this Commonwealth, and that no by-law, ordinance, rule or regulation shall be carried into operation, until ten days have elapsed after the publication thereof, by at least five advertisements, set up in five public places in the said borough, which publication shall be certified at the time in the record books of the corporation, by the town clerk, at the foot or margin of such by-laws, ordinances, rules and regulations, and such certificate shall be good evidence, in all trials arising from or touching the Proviso. 2d proviso said by-laws, ordinances, rules and regulations: And provided also, That in laying and assessing such taxes, due regard shall be had to the valuation of taxable property, assessed, or hereafter to be assessed, for the purpose of raising county rates and levies, so that the said tax shall not, in any one year, exceed one half cent in the dollar of such valuation, unless some object of general utility should require the same, in which case, the consent thereto of a majority of the taxable inhabitants of the said borough, shall be previously obtained in writing. Duty of the street supervisor. SECTION 65. It shall be the duty of the street supervisors, to open and repair the streets in the said borough, and to erect and repair the bridges and causeways in the same, under the direction and supervision of the said burgess and town council, SECTION 66. The burgess, elected and qualified agreeably Collection of to the provisions of this act, is hereby authorized and empowertaxes, &c. ed to issue his precept, as often as occasion may require, directed to the high constable, or in case of his inability to act, to some other fit person, commanding him to collect all taxes assessed in pursuance of this act, or by the ordinances, by-laws, rules and regulations of the said corporation, and cause the same to be paid over to the treasurer, and the said constable, or other fit person, shall have the same power in enforcing the collection of said tax as the collectors of county tax in the commonwealth, and the said burgess is hereby authorized to carry into effect, all by-laws, ordinances, rules and regulations enacted by the said burgess and town council, and whatsoever else shall be enjoined upon him for the well ordering and governing of said borough, and the said burgess shall also have power to mitigate or remit fines and forfeitures, in cases where it shall appear that the person or persons so fined did not intentionally offend, or on their having some other just and reasonable excuse, which excuse shall be satisfactorily proved to the said burgess. Duty of the clerk, SECTION 67. It shall be the duty of the town clerk to at tend all sessions of the burgess and town council, when assembled on the business of the corporation, and perform the duty of clerk thereto, and keep and preserve the coinmon seal and records of the corporation, and be answerable for the same, and also for the faithful discharge of all the duties which may be enjoined on him by virtue of this act, or acts of the corporation, and the attestation of the said town clerk, with the scal of the corporation, shall in all cases be good evidence of the act or thing so certified. SECTION 68. The treasurer shall give sufficient security Treasurer to for the faithful discharge of the duties of his office, and for the give security safe delivery of all books, papers and accounts, appertaining thereto, and of all moneys remaining in his hands, into the hands of his successors, upon demand made for that purpose, and the high constable shall give sufficient security for the faithful discharge of the dutics of his office, and the payment to the Provigo, treasurer of all moneys he may collect by virtue of his said office, and also in pursuance of any precept that may be issued to him, by the said burgess, for the collection of any taxes, fines, penalties or forfeitures, and for his services the said high constable shall be allowed such fees and compensation, as are by law allowed to township constables for similar services, to be paid and collected in such manner as is by law provided in case of township constables as aforesaid: Provided, That this act shall not be so construed as to prevent the said burgess and town council from allowing any reasonable compensation for his services, to be paid out of the treasury of the corporation. SECTION 69. It shall be the duty of the high constable to give notice of the annual elections in said borough, by setting to give notice High const. up at least five advertisements in five of the most public places of elections. therein, at least ten days previous thereto, and he shall attend and see that the election is opened at the time and in the manner directed by this act Compensat'n of officers. SECTION 70. The said burgess and town council shall, from time to time, affix the compensation of the high constable, town clerk, treasurer, and such other officers as may be appointed under this act, which compensation shall be paid either by mo ney to be drawn from the borough treasury, or by fees of office for the services which may be rendered, as the said burgess and town council may, from time to time, provide for and direct. SECTION 71. It shall be the duty of the said burgess and Acct's to be town council, at the expiration of each official year, to make settled and a settlement and statement of the accounts of the said corpo- annually. published ration, shewing the amount of the receipts and expenditures of" the same, together with the funds thereof, which said settle ment and statement shall be published in the newspapers printed in said borough, and filed aniong the records of the corporation. SECTION 72. If any person or persons shall think him, her, or themselves aggrieved, by any thing done in pursuance Appeal to the of this act, or of any by-law or ordinance made under the C. P. authority of the same, he, she or they, may appeal to the next Court of Common Pleas to be held for the same county, upon giving security according to law, to prosecute his, her, or their appeal with effect; and the said court having taken such order therein as shall seem to them just and reasonable, the same shall bind all parties. persons Inhabitants witnesses, &* SECTION 73. The inhabitants of said borough, and holding any property therein, (paupers supported by the borough competent only excepted) shall be competent witnesses in all actions arising under this act, or the by-laws and ordinances of this corporation. WM. PATTERSON, Speaker of the House of Representatives. JACOB KERN, Speaker of the Senate. APPROVED-The ninth day of April, one thousand eight hun dred and thirty-four. GEO: WOLF. $5000 appro. priated. No. 126. A SUPPLEMENT To the act entitled "An act authorizing the Governor to incorporate the 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 Governor be and he is hereby authorized and required to subscribe five thousand dollars in shares of twentyfive dollars each, to the stock of the Warren and Ridgway turnpike road company, and as soon as any five miles of the road shall be completed, it shall be the duty of the Governor to draw his warrant on the State Treasurer for a sum in proportion to the whole distance, and a like sum for every five miles until the whole sum shall be drawn: Provided, That previous to any payments from the treasury, satisfactory evidence shall be furnished to the Governor that sums, equal at least, in amount to the sums drawn from the treasury, shall have been paid by individual stockholders and expended agreeably to the provisions of the twelfth section of the act incorporating the said turnpike road company, passed the thirtieth day of March, one thousand 28 proviso. eight hundred and thirty-one: And provided further, That there shall not be more than twenty-five hundred dollars of the aforesaid sum of five thousand dollars drawn from the State treasury in any one year. Proviso. WM. PATTERSON, Speaker of the House of Representatives. Speaker of the Senate. APPROVED-The ninth day of April, one thousand eight hun dred and thirty-four. No. 127. GEO: WOLF. AN ACT To abolish public executions. 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 whenever hereafter any person shall be con |