Oath.

Councilmen.

By-laws and ordinances.

Proviso.

Vacancy.

Meetings.

the duty of the mayor of said city, to give at least ten days previous notice of the time and places of holding all elections authorized by this act, by proclamation, published in the public newspapers of said city, if there be a newspaper published therein, and by printed handbills, posted up at the most conspicuous public places within the boundaries of said city.

SECTION 3. That the mayor elect shall take and subscribe, in the presence of the councils, a solemn oath or affirmation before one of the aldermen of said city, "to support the constitution of the United States and the constitution of this commonwealth, and well and faithfully to execute the office of mayor of the city of Allegheny, to the best of his knowledge and ability;" and shall thereupon enter upon and perform the duties of said office without any further or other commission, and shall continue in office for one year, and until a successor shall be duly elected and qualified.

SECTION 4. That each and every select and common councilman. who shall be elected, chosen and returned in manner aforesaid, and whose election shall be so as aforesaid approved of, shall, before he enters on the execution of his office, take a solemn oath or affirmation, before the mayor or one of the aldermen of said city, well and faithfully to execute the office of a select councilman or of a common councilman, (as the case may be,) of said city; and shall thereupon, without any further or other commission, enter upon the duties thereof, and shall hold and exercise the same until the term of office shall expire, as directed in and by this act.

SECTION 5. That it shall be the duty of the mayor of said city of Allegheny, to promulgate the by-laws and ordinances of the corporation, and specially to attend to the due execution and fulfilment of the same; and he shall be entitled to receive, hold and enjoy all the emoluments. which by-laws and ordinances of the said corporation are now or may hereafter be annexed and attached to the said office of mayor; and for the purpose of enforcing the observance of said laws and ordinances, and preserving the peace and good order of said city, the said mayor shall have and exercise all the powers, jurisdictions, authorities, fees and perquisites of an alderman of said city: Provided, That nothing in this act shall be construed to vest the said mayor with any authority or jurisdiction in civil cases.

SECTION 6. That in case of the death, resignation or removal of the mayor, or other vacancy in said office, or in case of a neglect or failure by the citizens to elect a mayor at the time designated by this act, such vacancy or omission shall be filled or supplied by a new election, for the remainder of the term of office, to be held at such time, within thirty days thereafter, as the said councils, by resolution, shall designate; of which election, and the time of holding the same, the mayor, for the time being, shall give notice by proclamation, published as hereinbefore directed; and until the said vacancy is filled by a new election, the select and common councils shall appoint a mayor to act pro tempore.

SECTION 7. That the place of meeting of the said select and common councils, shall be at the town house in said city, or at such place as by an ordinance duly passed may be fixed for that purpose; and the doors of the respective halls of said select and common councils shall be open for the admission of all peaceable and orderly persons, who shall be desirous of being present at the discussion of any by-laws, ordinances, rules or regulations, for the welfare and good government of the said city.

Bounds.

SECTION 8. That the said city of Allegheny shall be divided into four wards in the manner following, viz: All that part of the city, embraced Wards. between the Allegheny river, Ohio street, and Water lane, and lying west of Federal street, shall constitute the First ward; all that part north of Ohio street and Water lane and west of Federal street, shall constitute the Second ward; all that part north of Ohio street and the Butler turnpike road, and east of Federal street, shall constitute the Third ward; and all that part between the Allegheny river, Ohio street and the Butler turnpike road and east of Federal street, shall constitute the Fourth ward.

changed.

SECTION 9. That the select and common councils shall have power Bounds may be from time to time to change the boundaries of said wards, and to divide the said city into four or more wards or districts, so as to make the number of taxable inhabitants of each ward of said city as nearly equal as may be; and the said councils are hereby authorized and required to fix the places of holding all general and city elections for said wards, and not elsewhere, and change the same as often as public convenience may require; and it shall not be lawful for any inhabitant of said city to vote at any of the said elections, except within the ward wherein he resides.

SECTION 10. That it shall be lawful for the qualified electors of the afore- Election of insaid wards, and such other ward or wards as may be hereafter created and spectors & judges. established, under the same provisions and regulations, as are prescribed by the act, entitled "An Act relating to the elections of this commonwealth," passed the second day of July, Anno Domini one thousand eight hundred and thirty-nine, on the second Tuesday of January next, and yearly thereafter, to elect two inspectors and one judge of elections and assessors, as is prescribed by the several acts of this commonwealth for the election of assessors: and the assessor or assessors who may be chosen, pursuant to said laws, prior to the said second Tuesday of January next, shall hold their offices until said day, and no longer.

66

SECTION 11. That it shall be lawful for the qualified electors of the Election of alderSecond, Third and Fourth wards of said city, to meet in their respective men. wards, on the second Tuesday of January, one thousand eight hundred and forty-six, and the qualified electors of the First ward on the second Tuesday of January, Anno Domini one thousand eight hundred and forty-five, and according to the provisions and regulations of an act, entitled An Act providing for the election of aldermen and justices of the peace," passed the twenty-first day of June, one thousand eight hundred and thirty-nine, elect two aldermen for each of the wards of the said city, who shall hold their offices for the time prescribed by the constitution of this commonwealth; and shall have, respectively and severally, all the powers, jurisdictions, authorities, fees and perquisites. of justices of the peace of this commonwealth; and the aldermen of said city, who may have been heretofore chosen or appointed, pursuant to said laws, or the act to which this is a supplement, shall hold their offices until their successors, elected in pursuance of this act, shall be duly qualified, and no longer.

SECTION 12. That it shall be lawful for all persons entitled by law to vote for mayor of said city of Allegheny, to meet in the respective wards, on the second Tuesday of January next, and yearly thereafter, and elect one reputable citizen for each ward, and return the name of the person so elected, to the next court of quarter sessions of Allegheny county; and the said court shall appoint the said person, so returned, to be constable of said ward for the term of one year from the date of his appointment, in the same manner and with like power and authority,

Constables.

Security.

Certain laws ex

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 constables of any township in said county, may in the same manner be directed to the constables of said wards respectively, whose duty it shall be to execute the same according to law.

SECTION 13. That all officers of the said city, (except councilmen,) whether created by this act, the act to which this is a supplement, or by the ordinances of the select and common councils of said city, shall each give bond to the mayor, aldermen and citizens of Allegheny, with security, to be approved by the president of the select council, in such sum as may be designated by the councils, conditional for the faithful discharge of the duties of their respective offices, and for the safe delivery into the hands of their successors of all moneys, books, papers, records and accounts, and all other things appertaining thereto; and it shall not be lawful for any of said officers elect, to enter upon or exercise any of the duties of their respective offices until their bond is given and approved as aforesaid; and all officers of said city shall render their accounts to the committee appointed by the councils for that purpose, once in every year for settlement, and said accounts after being adjusted and settled by said committee, shall be published by the councils in the same manner. as the city accounts.

SECTION 14. That the provisions of the sixth, seventh and eighth tended to the city sections of the act of the sixteenth of June, one thousand eight hundred of Alleghenv. and thirty-six, relating to judicial proceedings, in which the city of Pittsburg may be interested, be extended to the city of Allegheny, in the county of Allegheny; and that all like proceedings now depending or hereafter to be preferred, in which the city of Allegheny may be in like manner interested, shall be subject to the same jurisdiction and to like rules and regulations as prescribed by the said sections of the act aforesaid: Provided, That the provision of the sixth section which excludes certain jurors of the city of Pittsburg, when that city is interested. shall not be construed to exclude jurors of the city of Pittsburg, when the city of Allegheny is interested.

Repeal.

SECTION 15. That so much of the act to which this is a supplement, and so much of the laws of this commonwealth as are by this act altered or supplied, be and the same are hereby repealed, so far as they affect the said city of Allegheny.

JAMES ROSS SNOWDEN, Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED The thirteenth day of March, one thousand eight hundred

and forty-four

DAVID R. PORTER.

No. 68.

AN ACT

Concerning road views and road damages in Berks, Lancaster and Bucks counties.

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

hereafter the expense of all views and the viewers of public roads and Berks and Lanof bridges, and of views to assess damages arising from the opening of caster counties. public roads in Berks and Lancaster counties, shall be paid by the petitioners, and all assessments of damages arising from the opening of such roads shall be paid by the respective townships and boroughs in which such damages may have been sustained: Provided, That the supervisors of the said townships and boroughs respectively, be authorized to levy a tax for the payment of the damages incurred.

SECTION 2. Hereafter the costs and expense of all views and re- Bucks county. views of roads in the county of Bucks shall be paid by the petitioners before an order is granted to open such road or roads.

SECTION 3. That whenever any street, lane or alley, within the limits Reading borough. of the borough of Reading, shall be opened or extended, and damages assessed under the second and third sections of the act, entitled "An Act for extending the time of holding the court of quarter sessions of the peace in the counties of Berks and Bucks, and for the better regulation of the borough of Reading," passed the fifteenth day of March, one thousand eight hundred and twenty-six, the damages shall be paid by the said borough, and not by the county: Provided, That no street, lane or alley shall be opened or extended until the damages are first paid.

APPROVED-The thirteenth day of March, one thousand eight hundred

and forty-four.

DAVID R. PORTER.

Preamble.

Members.

Name.

Alteration.

No. 69.

ΑΝ ACT

Relating to the ministers, trustees, elders and deacons of the German Reformed congregation in Germantown, in the province of Pennsylvania.

WHEREAS, Thomas Penn and Richard Penn, proprietors of the province of Pennsylvania, by letters patent, signed by John Penn, lieutenant governor of said province, under the great seal thereof, on the tenth day of January, Anno Domini, one thousand seven hundred and seventy-one, incorporated or granted chartered rights to the German Reformed congregation in Germantown, under the name, style and title of the minister, trustees, elders and deacons of the German Reformed congregation" in Germantown, in the province of Pennsylvania: And whereas, The minister by said charter is unnecessarily connected with the management of the temporal concerns of said church; therefore,

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 minister of the church, for the time being, shall not be a member of the corporation, nor entitled to a seat or vote in the body corporate, and the said corporation shall hereafter consist of twelve members, to be elected at the time specified in the original charter; but no person shall be elected to any of the said offices in said corporation, unless he shall have been a member of the congregation three years preceding the time of his election, and paid the sum of two dollars annually during that period; and no person shall be entitled to vote at such election unless he shall have paid the sum of two dollars annually towards the support of the church prior to the day of said election.

SECTION 2. That the said corporation shall hereafter be known by the name, style and title of the trustees, elders and deacons of the German Reformed congregation in Germantown, in the county of Philadelphia, and state of Pennsylvania;" and by the said name may have, hold, take and enjoy all lands, tenements and hereditaments, grants, bequests or gifts, whatsoever, now holden, or to which the said corporation, under the original title of "the German Reformed congregation in Germantown, in the province of Pennsylvania," would be entitled to hold.

SECTION 3. That so much of the said letters patent, so granted as aforesaid, are hereby altered and supplied by this act.

JAMES ROSS SNOWDEN, Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED-The fourteenth day of March, one thousand eight hun

dred and forty-four.

DAVID R. PORTER.