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No. 91.

A FURTHER SUPPLEMENT

To an act, entitled "An Act relating to the lien of mechanics, and others, on buildings.

SECTION 1. Be it enacted by the Senate and House of Representa tives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the provisions of the act, entitled "An Act relating to the lien of mechanics, and others, upon buildings," passed the sixteenth day of June. one thousand eight hundred and thirty-six, shall be extended to the county of Northampton: Provided however, That nothing herein contained shall be understood or construed, so as to change, alter, impair or affect, any contracts that shall have been made before the passage of this act.

JAMES ROSS SNOWDEN,
Speaker of the House of Representatives.
WILLIAM BIGLER,

Speaker of the Senate.

APPROVED-The nineteenth day of March, one thousand eight hun- ̧ dred and forty-four.

DAVID R. PORTER.

No. 92.

AN ACT

Relative to the claim of Jason L. Fennimore.

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 auditor general be and he is hereby authorized to draw his warrant upon the state treasurer for three hundred and fifty dollars, in favor of Jason L. Fennimore, in full for his services rendered to the commonwealth in the issue and transfer of certificates of stock for the payment of interest upon the funded debt due August, one thousand eight hundred and forty-two, and February and August, one thousand eight hundred and forty-three; and the state treasurer is hereby authorized to pay the same out of any money in the treasury not otherwise appropriated. JAMES ROSS SNOWDEN, Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

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

and forty-four.

DAVID R. PORTER.

No. 93.

AN ACT

Entitled "An Act to change the name of a volunteer corps in Monroe county, from Democratic Guards to Independent Guards."

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 style and title of a certain volunteer corps attached to the thirtyfourth regiment, first brigade, seventh division, Pennsylvania militia, now called the "Democratic Guards," be and the same is hereby changed to Independent Guards; and the said corps is hereby authorized to elect their complement of officers, to be commissioned by the governor, according to the style and title of Independent Guards.

JAMES ROSS SNOWDEN,
Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

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

dred and forty-four.

DAVID R. PORTER.

No. 94.

AN ACT

To incorporate the society of the Methodist Episcopal church of the borough of
Dillsburg, in the county of York, with power to sell certain real estate.

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 Methodist society in the borough of Dillsburg, in the county of York, in the state of Pennsylvania, be, and the same is hereby created into a body politic and corporate, in deed and in law, by the name, style and title of the "trustees of the Methodist Episcopal church, in the Name. borough of Dillsburg," and by that name shall have perpetual succession; and the present trustees who have been appointed agreeably to the discipline of said church, or their successors in office, shall be able to

sue and be sued, to plead and be impleaded in all courts of law and Powers and pri elsewhere, and shall be able and capable in law and equity, to take and vileges.

to hold to them and their successors, for the use of said church, lands,

tenements, goods and chattels of whatsoever kind, nature and quality,

Proviso.

Income.

personal or mixed, which now is or shall hereafter become the property of said society, or be held for their use by gift, grant, bargain, sale, conveyance, devise, bequest or otherwise, from any person whomsoever capable of making the same, and the same to grant, bargain, sell or otherwise dispose of for the use of said society: Provided, however, That no such sale, disposal or alienation shall be legally valid, without having first obtained the consent of at least two-thirds of said trustees, at a special meeting regularly called for that purpose, and afterwards approved by a majority of the members of the quarterly conference of the circuit or station including Dillsburg: Provided, also, That the yearly value or income of said estate shall not at any one time exceed three thousand five hundred dollars, and shall not be appropriated to any other than benevolent or religious purposes.

JAMES ROSS SNOWDEN, Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

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

dred and forty-four.

DAVID R. PORTER.

Boundaries.

No. 95.

AN ACT

Incorporating the borough of Frankfort Springs, in Beaver county.

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 Frankfort Springs, in the county of Beaver, and territory included within the following boundaries, to wit: Beginning at a stake on the county line near Robert Leeper's barn; thence north one hundred and forty-four perches to a stake on land of William Frazier ; thence east one hundred and eighty-two perches to a stake on land of John Carothers; thence south one hundred and forty-four perches to the Washington county line; thence west on the county line to the place Borough erected. of beginning; is hereby erected into a borough, which shall be called and styled the borough of Frankfort Springs.

Annual election.

Burgess.

SECTION 2. That the inhabitants of said borough, entitled to vote for members of the general assembly, having resided therein one month immediately preceding the election, shall on the third Friday of May next, and annually thereafter on the same day which now is or hereafter may be fixed by law, for the election of constable and other township officers within this commonwealth, meet at the hotel now occupied by James M. Dungen in said borough, and then and there, between the hours of one o'clock and seven o'clock, P. M., elect by ballot one of the citizens, who shall be styled the burgess of said borough, and four

other citizens, to be styled the town council, one street commissioner Council.
and two justices of the peace, all of whom shall be residents of said
borough; which election shall be in all respects conducted in the same
manner as is provided by law for the election of township officers within
this commonwealth; and shall be subject to the same penalties for mal-
practices, except that the certificates of the election of burgess, town
council and other borough officers, shall be filed among the records of
the corporation; and duplicate certificates of said election shall be signed
by the judges, one of which shall be transmitted to each of the persons
elected: And provided, That in case of death, resignation, removal or Proviso.
refusal to accept of any of said offices, the vacancies may be supplied by
a new election, in all cases where by existing laws there is not provision
made for supplying vacancies by appointment: And provided further,

That for the first election to be held under this act, it shall be the duty Notice of election. of Andrew Knox, James Cameron and William M'Millan, or any one of them, to give notice and perform all the duties enjoined on constables by the existing laws relative to township elections; and in case no elec tion shall be held on the first day mentioned, they shall appoint some other day and perform said services; but previous to opening of such election, such of the citizens entitled to vote as aforesaid, as may be present at the time and place of opening the same, shall choose one judge and two inspectors and two clerks thereof, who shall be sworn or affirmed, in the same manner as is provided by law for swearing.or affirming election officers, and they shall perform the duties required of them by law relative to township elections.

SECTION 3. That the burgess shall be president of the council, and President. shall have and exercise all the rights and privileges of a member thereof in every respect.

Quorum.

SECTION 4. That the burgess and town council shall meet on the first Monday next succeeding their election in each year, and as often thereafter as occasion may require; three members shall constitute a quorum to do business, and the proceedings of a majority of a quorum, when there is one formed, shall be valid; they shall have power in the absence of the burgess, to elect a president pro tem., who shall in the case of death, resignation, refusal to accept or to act, or inability of the burgess to attend, perform all and every duty enjoined on the burgess, or in his absence, the president pro tem. shall have power to call special meetings of the council; but in all cases of special meetings, personal notice Special meeting. shall be given to each member, unless absent from the borough; the burgess and members of the town council shall in all cases continue to hold their respective offices until their successors shall be duly elected and qualified.

SECTION 5. That if any person duly elected burgess or member of the town council, and having received notice thereof, as directed by this act, shall refuse or neglect to take upon himself the execution of the office to which he shall have been elected, or having taken upon himself such duties, shall neglect to discharge the same according to law, every such person so refusing or neglecting, shall for every such offence. forfeit and pay the sum of five dollars; and every other officer elected or appointed by virtue of this act or the by-laws or ordinances of the town council aforesaid, who shall refuse or neglect to take upon himself the execution of such office, or having accepted the same, shall refuse or neglect to perform the duties thereof, shall for every such refusal or neglect, pay a fine not exceeding five dollars, at the discretion of the burgess, which fines and all other fines that may be incurred under this act or any of the by-laws or ordinances of the town council, shall be for

Penalty on refusal to accept office.

Oath.

Name.

the use of said corporation, and shall be recovered in the name of the burgess and town council of the borough of Frankfort Springs, as debts of like amount are recoverable by law: Provided, That no persons shall be compelled to serve more than one year in any term of three; and the payment of a fine shall be equivalent to a service of one year in any office: And provided, further, That nothing herein contained shall be construed to exonerate any constable or other officer from the payment of any fine or penalty imposed by the existing laws, or that may hereafter be enacted for refusing to serve in such office.

SECTION 6. The burgess shall take and subscribe an oath or affirmation before one of the judges of the court of common pleas, or a justice of the peace of the said county of Beaver, to support the constitution of the United States and of the state of Pennsylvania, and to execute the office of burgess of Frankfort Springs, with fidelity; and when so qualified, he shall administer an oath to each of the members of the town council, high constable, town clerk, clerk of the market, (if one shall be appointed,) and such other officers as shall be appointed or elected under this act or any by-law or ordinance of said borough, before they shall enter upon the duties of the irrespectiveo ffices; which oath or affirmation so taken and subscribed, shall be filed among the records of the corporation.

SECTION 7. That from and after the third Friday in May next, the burgess and town council duly elected, and their successors, shall be one body politic and corporate, by the name and style of the burgess and town council of the borough of Frankfort Springs, and shall have perpetual succession, and shall be capable in law to have, receive, hold Powers and pri- and possess goods and chattels, lands and tenements, rents, liberties, vileges. jurisdictions, franchises, hereditaments, to them and their successors in fee simple or otherwise, not exceeding the yearly value of five thousand dollars, and also to grant, sell, let and assign the same; and shall be capable in law to sue and be sued, plead and be impleaded in any of the courts of law in 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.

By-laws.

Nuisances

Taxes.

Improvements.

Officers.

Pay.

SECTION 8. That the town council shall have power to pass and enact by-laws, rules, regulations and ordinances, as they may deem necessary to promote the peace and good order, and general welfare of the inhabitants, and well being of said borough, and for the purpose of improving and keeping in good order, the side-walks, streets, lanes, alleys, common grounds, or other property whatsoever, that has heretofore been granted to the use of the citizens of Frankfort Springs, or that may hereafter be granted to the use of the corporation, and for removing nuisances and obstructions therefrom, and the same to alter, make, renew or annul, as the occasion may require; and also assess, levy and collect, and appropriate, such taxes as shall be necessary to carry their rules and ordinances into effect; which said taxes shall not exceed, in any one year, three mills on the dollar, except by consent of two-thirds of the taxables of the borough, to be certified under their hands, to the town council, for that purpose; they shall have authority to obtain materials for improving the streets, lanes, alleys and public grounds, and order and direct the manner and ways in which the same shall be improved, repaired and kept in good order; they shall annually appoint a town clerk, treasurer, collector of taxes, clerk of the market, when necessary, and such other officers as they may deem expedient, and the same to remove at pleasure; the officers to be appointed by the town council shall be allowed such compensation as the council may

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