office. Proviso. qualified as aforesaid, shall be duly elected to any other office For any other in said borough enacted by this act, and having notice of his election, shall refuse to undertake and execute the duties of that office, every person so refusing shall forfeit and pay a fine of three dollars, which fines, forfeitures and all others in pursuance of this act or of the by-laws of the said council, shall be recoverable before any justice of the peace of said county, for the use of said corporation: Provided, That no person shall be compelled to serve more than one year in any term of four years, and that if any person or persons shall conceive himself or themselves aggrieved by the judgment of any justice of the peace by virtue of this act, he or they may appeal to the next county court of Common Pleas upon giving security according to law, to prosecute his or their appeal with effect, who shall on the petition of the party, take such order therein as to them shall appear just and reasonable, and the same shall be conclusive to all parties. May appeal to next court of C. P. Oaths of office. SECTION 5. The burgess shall take and subscribe an oath or affirmation before one of the associate judges, or a justice of the peace for the county of Beaver, to support the constitution of the United States, and of this state, and an oath or affirmation well and truly to execute the office of burgess of the borough of Mount Jackson, and when so qualified he shall administer an oath or affirmation to the council, high constable, or town clerk, in manner and form aforesaid, before they shall enter on the duties of their respective offices, the certificates of which oaths and affirmations shall be filed among the records of the said corporation. SECTION 6. The town council may meet by their own authority as occasion may require, or upon the summons of the Town council burgess, they shall have power to enact by-laws, and to make their duties. such rules, regulations and ordinances, as shall be determined on by a majority of the whole council, necessary to promote the peace, good order, and general welfare of the inhabitants of the said borough, and for the purpose of improving and keeping in order, the streets, lanes, alleys, public squares, and common ground belonging to said town within the said borough, for removing nuisances and obstructions therefrom, and the same to annul, alter, or make anew as the occasion may require, and also, to assess, levy, and collect a tax for said purposes, and also, annually to appoint a town clerk, treasurer, and such other officers as may be deemed necessary with all other powers required for the well ordering and better government of the said borough Provided, That the said ordinances, rules and regulations shall not be repugnant to the constitution or laws of the 2d proviso. United States, or of this Commonwealth: And provided also, That no tax shall be laid by them in any one year to exceed one half of a cent in the dollar, on the valuation of taxable property taken from the last assessment unless some object of general utility shall be thought necessary, in which case a majority Proviso. Tax limited. of the freeholders of said borough by writing under their hands, shall approve and certify the same to the town council, who shall proceed to assess the same accordingly, and all taxes which may be assessed or laid in their said borough, shall as nearly as the same is practicable be assessed and collected conformably to the laws for raising county rates and levies. SECTION 7. It shall be the duty of the town clerk, to attend all meetings of the council when assembled on 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 which may be enjoined upon him by virtue of this act, or of the acts of the corporation, and his attestation with the seal of the corporation shall be good evidence of the thing or act so certified. Duties of town clerk. SECTION 8. The treasurer shall give security for the faithful discharge of the duties of his office, and for the safe delivery into Treasurer to the hands of his successors, of all moneys, books and accounts give security. appertaining thereto, upon demand being made by the burgess for that purpose. SECTION 9. The street commissioner, treasurer, constable and clerk of the market, shall render their accounts to the Certain offi council once in every year for settlement, and the said accounts eers to render being adjusted and settled accordingly, shall be forthwith pub- their acc'ts to lished by the said council, showing particularly the amount of town council. taxes laid and collected and of the expenditures. SECTION 10. It shall be the duty of the high constable to give High const. notice of the elections, by setting up advertisements in three pub- to give notice lic places in the said borough ten days previously thereto, and of election. shall attend and see that the same is opened at the time and in the manner directed by this act. SECTION 11. It shall and may be lawful for all persons enti tled by law to vote for burgesses and other officers of the bo- Constables, rough of Mount Jackson, at the same time and place where how chosen. they vote for said officers, to elect two reputable citizens of the said borough, and return the names of the persons so elected to the next court of Quarter Sessions of the said county; one of whom shall be appointed constable of said borough in the same manner, with like power and authority, and subject to the same regulations and penalties as are provided and contained in the laws now existing, or that may be hereafter passed concerning constables within this commonwealth, and all manner of process which may by law be directed to the constable of said borough, whose duty it shall be to execute the same according to law. And the constable so appointed, shall do and perform all the duties required to be done by the high constable of said borough, in pursuance of this act and of the by-laws and ordinances of said borough. SECTION 12. The burgess, president of the council and treasurer, or any two of them, shall constitute a court of appeal, and ted. C't of appeal, prior to the collection of any borough tax,they shall appont a day how constitu for the hearing of appeals, of which and the amount of his or her tax, and the place where the appeal will be held; the collector shall notify each taxable by a written notice in the usual manner at least ten days before the day of appeal, and where the said tax shall have been properly adjusted, it shall be the duty of the burgess, or in case of his absence or inability to act, of the treasurer, and he is hereby authorized to issue his precept Collect taxes. directed to the collector, commanding him to collect all taxes In absence of so assessed, and vesting him with like powers and authorities given to the collectors of county rates and levics by the laws of this Commonwealth, and the amount so collected shall be paid into the treasury for the use of the corporation. SECTION 13. In the absence from the borough or inability burgess, how of the burgess, it shall be the duty of the first named of the to proceed. town council who may be present, to perform the duties which are enjoined on the burgess by this act, or which may be enjoined by the by-laws which may be passed in pursuance of the 4 a quorum. 1st election. same. SECTION 14. In any meeting of the burgess and town council, it shall require at least four to form a quorum to transact business. J. Ferguson SECTION 15. John Ferguson and Robert Paden, of said and R. Paden town, or either of them, shall publish and superintend the first to superintend election for borough officers, on the second Tuesday in May, next, after the passing of this act, at the place appointed by law for holding the elections for said borough, and they are hereby directed, to give five days notice by advertisements as before directed in other cases of election, of the time and place of holding the same. WM. PATTERSON, Speaker of the House of Representatives. Speaker of the Senate. GEO: WOLF. APPROVED-The fifteenth day of April, one thousand eight hundred and thirty-four. No. 226. Preamble. AN ACT Authorizing patents to be issued to Catharine Zeigler and Joseph Chapman, and for the sale of certain lands late of Dickinson college, and for other purposes. WHEREAS, Catharine Zeigler late Catharine Reinick, hath represented to the Legislature of this Commonwealth, that her father Christian Reinick, was entitled to three hundred acres of donation land in Pennsylvania, and that the said Christian Reinick had accordingly granted to him a patent for number two in the first district of donation land, containing three hundred acres, and that the patent therefor has since been lost; and further, that she the said Catharine Zeigler, is the sole and only heir to the estate of said Christian Reinick, now deceased: Therefore, SECTION 1. Be it enacted by the Senate una House of Representatives of the Commonwealth of Pennsylvama in General Assembly met, and it is hereby enacted by the authority of the same, That the said Catharine Zeigler, shall upon due proof c. Zeigler to made to the Secretary of the Land Office, of the above repor- receive patent ted facts and payment of the office fees, be entitled to receive a for certain patent for said lands and that the Secretary of the Land Office lands. is hereby authorized upon satisfactory proof aforesaid to him made to grant a patent to the said Catharine Zeigler, for the said three hundred acres donation land above mentioned. SECTION 2. The title of this Commonwealth to a tract of one Title of comhundred and fifty acres of land, situate on the Hopbottom creek monw'th to in the township of Brooklyn, in the county of Susquehanna, tract of land claimed by Joseph Chapman, and upon which he now resides, released to is hereby released to the said Chapman, and the Secretary of J. Chapman. the Land Office upon the payment of the unpaid purchase money if any, and the fees of office, is hereby required to issue a patent to the said Chapman, for the above described tract of land: Provided, That nothing in this act shall be taken to affect the right or title of any other person. in said co. SECTION 3. The commissioners of the county of Venango, Comm'rs of shall advertise for public sale, the lands owned by the State in Venango co. said county, by conveyance from the trustees of Dickinson col- shall publish lege, in such tracts as the same were laid out by the deputy lands for sale surveyor, in pursuance of an act entitled An act authorizing the sale of certain lands belonging to the Commonwealth, approved March the thirtieth, one thousand eight hundred and twenty-two, giving notice of the time and place of such sale, by advertisements in the newspapers in said county, and by at least ten advertisements put up in the places best calculated to give 2 months' information, at least two months prior to the day of sale. And notice. it shall be the duty of the said commissioners or one of them to attend at and conduct the said sales, and keep the same open for three days successively if necessary, and if any, or all the said tracts of land should remain unsold, then and in that case the commissioners are further authorized to sell and dispose of the said tracts of land by private sale to any person or persons: Provided, That no part of the land hereby directed to be disposed of shall be sold for less than one dollar per acre. SECTION 4. The commissioners of the county aforesaid, Powers of are hereby empowered to bargain, sell and dispose of the land, commiss'rs. mentioned in the first section of this act, to make deeds in fee simple, at the charge of the purchaser, to take bonds or mortga. Proviso. Proviso. ges at the cost of the purchaser, for the security of the purchase money, to have the said mortgages recorded in the county aforesaid: Provided, That no sale shall be made unless the one-third of the purchase money is paid at the time of sale, and bond and mortgage given for the balance payable with interest in four annual instalments. SECTION 5. The commissioners of the county aforesaid, out Compensat'n of the money arising out of the sale of said lands, shall be alto comm'rs. lowed the expenses of publication and one dollar each day ne. cessarily spent in disposing of said land. Sec'y of Land patent. Duties of SECTION 6. It shall be the duty of the Secretary of the Land Office, after the purchase money is paid, upon payment of the fees of said office, to issue a patent to the purchaser his representatives or assigns. SECTION 7. It shall be the duty of the county commis commiss❜ts. sioners to receive all monies arising from said sales and pay the same over within thirty days to the county treasurer, whose duty it shall be to settle and account with the Auditor General, and pay the same into the State Treasury at the same time and in the same manner as by law he is required to do in case of other moneys due the Commonwealth. Semi-annual statement to Aud'r Gen. Town council of Beaver authorized to lots. SECTION 8. It shall be the duty of the said commissioners once in every six months, to transmit to the Auditor General a descriptive statement of the sales made by them, designating the number of acres sold, the names of the purchasers, the times of sale, and the amount of money actually received by them and paid over to the county treasurer. SECTION 9. The town council of the borough of Beaver, are hereby authorized and empowered to lay off into small lots and sell, at public auction, so much of two large lots of land sell certain denominated water lots, granted to the inhabitants of the borough of Beaver by an act of assembly passed the twenty-ninth day of March one thousand eight hundred and two, as they may deem of no use in securing and perpetuating the water rights and privileges to the inhabitants of said borough, agree. ably to the true intent and meaning of the seventh section of the said act, and the proceeds of the sale of said lots shall be applied by the town council to aid in completing the water works which have been commenced, with leaden pipes. SECTION 10. The town council are hereby authorized to make and execute a deed in fee simple, to the purchaser or purchasers of the lots laid off and sold as aforesaid, anything in the said recited act of Assembly to the contrary notwithstanding. WM. PATTERSON, Speaker of the House of Representatives. Speaker of the Senate. APPROVED-The fifteenth day of April, one thousand eight hundred and thirty-four. GEO: WOLF. |