OF THE SESSION OF 1850. 363 No. 272. ANACT Authorizing the canal commissioners to investigate the claim of William A. Petri- kin, for damages sustained on the West Branch division of the Pennsylvania canal. SECTION I. Be it enacted the Sennate and House of Represenla- tives of the Commonzeealth y Pennsyleania in General Aasemhly met, and it is hereby enacted by the muhorily of the same. That the canal commissioners be and theyare herebyauthorized and required to examine the claim of William A. Petriken, of Lycoming county, for damages sustained by reason of the erection of the Muney dam, on the West Branch division of the Pennsylvania canal, and assess the amount of damages, if any, according to equity and justice, and make report thereof to the legislature as soonas practicable; and also to report whether in their opinion the commonwealth is answerable for the alleged damages, J. S. M'CALMONT, Speaker of the House of Representatives. V. BEST, Speaker of the Senate. ArPRoVED--The sixth day of April, one thousand eight hundred and fifly. WM. F. JOHNSTON. No. 273. AN ACT To incorporale the village of Saint Clair, in the county of Schuylkill, into a bor- ough, to be called Suint Clair. SECTION 1. Be it enacted the Senate and House Representa. tives of the Commonwoealth Pennsyleania in R ssembly met, and it is hereby by the athorily of the same, That the town of Saint Clair, in the county of Schuylkill, shall be and the Corporate. same is kereby erected into a borough. under the name and title of The borough of Saint Clair, * and shall be comprised within the fol- lowing houndaries, to wit: beginning at a stone which is north twenty- Boundaries. five degrees' west thirty-three hundred (3300) feet from the centre of the intersection of First and Hancock strects; thence north sixty-five degrees east (2640 feet) twenty-six hundred and forty feet to a stone; ; Original from Digitized by Google UNIVERSITY OF CALIFORNIA 364 LAWS OF PENNSYIVANIA, thence south twenty-five degrees east sixty-six hundred (6600) feet to a stone; thence south sisty-five degrees west 6fy-two hondred and eighty (5280) feet to a stake; thence nonth twenty-live west sixty-six hundred (6600) feet toas stake; thence norh degrees east twenty-six hondred and forty(2c40) feet, to the place of beginning. SECTION 2. Itshall and may be lawful for all entitled to vote for members of the legislature, who have resided said boroagh six months previously to such election, to meet at the tarern now by Jonathan John-on, or at such other place as may be appointed the Anncal election. town couneil, in said borough, on the first Monday in May in every year, and then and there lect by ballot, between the hours of nine O'clock, A. M., and six o'clock, P. M.. of the same day, a eitizen Burgess, town- residing therein for burgess, and five citizens residing therein for town council, clerk, jostice town of couneil, and one for town clerk, and one for justice of the pence, one the pesce, &e. for high constable, one for assessor. and two for assistant assessors: but previously to such election the inhabitants present shall eleet one two inspeetors and two clerks of the said election, which shall E regulated throughout according to the general election laws of this commonweakth. sofar as relates to the and counting of voles : and the said judge, inspectors and clerke respectively take an oath or affirmation before a or of the peace, to perform their respeetive duties with : E impartiality, and afer the said election shall be closed, they shall declare the having the greatest number of votes to be elected; and case two or more candidates shall have the same number of votes, the preference shall be determined by lot, drawn in the presence of the ssid tors and clerks the said afier thes said election shall be - the said judge inspectors giver notice in writing, within four hours after the election. to the candidates elected, and shall out a return under their hands, containing the names of the candidates and the number of votes given for each, and deliver the same lo the town clerk, who shall hand over the said returns to the town couneil at their first meeting, whieh retum shall be filed with the papers belonging to the corporation; and ir it should through or other: wise, that the first election should not holien on E day aforeaaid in the manner herein presented, it shall be he of the justice ofthe pence residing in the said borough. or in case of Z refusal or inability or negleet to act, of the consable residing in the boroogh. to give at least eight days'n notice of such election, at least four advertisements set in the most publie in the but afer the borough has n organized, it the duty of the burgess, or in case of his negleet or refusal or inability to art, of the president of the council, 10 issue his precept directed to ibe constable, to said by giving at least eight days' notice such an clection, at five adverlisements set up in the most public places in the Pre- eided, That the members and officers of the corporation shalle continue to exercise all the powers, and perform all the duties given 1o and en- joined upon them by this act, until their successors are duly elected or appointed. SEcTIoN 3. That the said council shall meet on the first Wedneaday Returns of elec- afler their election to receive and examine the retarns of their clection, tion, clasifica-. and at their first meeting the members shall divide, themselves by lot tion of council." into lwo elasses, the seais of the érst class consisting of threer members, shall be vacated at the expiration of the first year, to be re-filled by ihe election oftwo members for woyears, and one member for one yeary and the seats of the second class io be * eated at the expiration of two years, and to be re-filled by two member selected for lwo years, 80 that Original from ecby Google UNIVERSITY OF CALIFORNIA OF THE SESSION OF 1850. 365 each year three members may be chosen, one for one year, and two for two years: and the suid conneil shall appoint a president oftheir board President of whose duty it shall be to preside at the meetings of their board, sign all board, duties of. ordinances, to convene the board when occasion may require, and gene- rally to perform such duties as may be enjoined him by ordinance of couneil; and in ease of his absence, negleet a duty, removal from the borongh or other inability to act, the couneil shall from time to time elect : president pro tempore as occasion may require, who shall exer- cise the same authority and perform the same duties that are or may be enjoined the president; and the burgess shall be removable from office for ENES in the same manner that justices of the peace are removable under the constitution and laws of this commoawealh; : Remorals from and in case of the death, resignation or removal of the burgess or other oflice. vacaney in any oflice, such vacancy shall be 6lled by a new election for his term ofoflice within ten days thereafier by the couneil. SECTION 4. That from and after the second Monday in May, Anno Dompini, one thousand eight hundred and fifly, the burgess and couneil duly elected as aforesaid, and their successors, shall be one body politie and corporate, the name and style of the corporation of the borough Style. ofSaint Clair, by shall have suecession, and be capable in law to have, aequire, receive, and possess goods. chattels, lands, Privileges. tenements, rents, franchises, hereditaments, jurisdictions and liberties to them and their successors, in fee simple or otherwise : and also to give. grant, sell, let and assign the same, and shall by the name and style aforesaid, sue and be sued, plead and be impleaded in any courts oflaw in this commonwealth, in all manner of actions whatsoever, and also to have and use one common seal, and the same from time to time at their will to change and alter: and the said inhabitants mayand shall have hereafter markets in the said borongh forever on such days, and as many in the week, as the said corporation shall order and direct. SECTION 5. That if any person duly elected burgess or member of Penalty for re- the town council. or appointed or clected town clerk, street commis- fusing to serve. sioner, high constable or other officer, and having received notice thereof, shall refuse or negleet to take upon himself the duties of the said oflice, or shall neglect or refuse to discharge the same after having taken upon himself the duties ofthes said office, every person 50 refusing or neglect- ing. shall for every snch offence forfeit and pay the sum of ten dollars, which fine and all others ineurred and made payable this act, or by the acts of the corporation, shall be adjudged to be 7 to the corpora- tion on convietion before any justice of the peace resident in said bor- ough : and when recovered shall forthwith be paid to the treasurer of the said borough; and it shall be the duty of all officers of the said borough, on receiving money belonging to the corporation, to pay the same forthwith to the treasurer thereof: Provided, That no person Proviso. shall be compelled to serve more than one year in every term of three years; and that if any person or persons shall conceive himself or them- selves aggiieved by the judgment of justice of the peace by virtue of this act, he or they may appeal to me next county court of common pleas, security according to law to prosecute his or their appeal E who shall upon the petition of the party take such order therein'as to them shall appear just and reasonable, and the same shali be conclusive to all parties. SECTION 6. That the members of the said corporation, high consta- ble and all other officers ereated by this act, shall severally, before Oflicers to lake taking upon themselves the duties of their respective offices, take an oatb. oath or affirmation before a judge or justice of the of the county ofSchuylkill, to support the constitution of the Latas States, the con- Original from Dipitized 0y Google UNIVERSITY OF CALIFORNIA 366 LAWS OF PENNSYI.VANIA, stituiog of the state of Pennsylvania, and to she duties of theit respectire offices with fidelity; certificates s oaths of affirma- tions shall be filed amoug the of the Town council. SECTION 7. That it shall duty said council, three of Quoram. whom shall be a quoram, to hold meetings from time 1o time. as occa- sion may require, or upon the summons of the presidentof the couneil, Powers and du- or in his absence or imbility to act, of the barges : and they shall have ties. power to enaet by-laws, and to make such rules. regulations and orli- nances as shnll be determined mpon by the of ihe whole couneil, necessary to promote the peace, good E and general wel- fire of the inhabitants of said borough: partieularly for the proriding for Regulation af the regulation of markels, out, improving, repairing, kecping in marketa order and regulating streets, 5 lanes and and removing nui- sances and obstructions therefrom : regulating N width of porches, step-. cellar doors or other device thar may encronch upon or projeet into any street, road, lane, alley or publie highway: ascertaining and regulating the depths of vaults ofs sinks or pits lor necessary bouses, and making permanent rules and regulations relative to the foundations of boillings, walls and fepees: shall have full power and au- thority 10 and reatrain. the or practicing ofany trade or occupation, exercise or of which shall be dangerous to the E Fines, health or property of the : they shall have power to impose fines, and total forfeitures; and also. assess. appor- Assoss taxes, tion such taxes as shall be determined by a majority of them, necessary for the said rules and ordinances from time 1o time into complete and also, to street commissioners, treasurer and collector and other oflicers as mmay be necessary from lo time, and sne officers from time to lime to remove for misconduet, neglect ormiademeanor in office. excupting the burgess, who shall only be removable in the manner hereinbefore pre- Proviro. scribed: Procided, That no rules, by-laws or ordinances of said cor- shall be repugnant to the constitution and laws of the United E and this commonwealth, and shat no person shall be punished for a breach of a by-law or ordinanee made as aforesaid, until len days have expired afler ihe promulgation thereof, in at least one nevespaper printed in said borough, or by ten advertisemenis set in the most Proviso. publie in the said borongh: Proride, That nos lanes or alleys E be laid out or extended in such way asto interfere in manner with any coal mines or coal operations which may nowor Ae afier exist within the bounds of said borough. SKCTION 8. That ihe general borongh tax. rates and levies, sssessed, Rate of taxer. rated and levied by thesaid council, ahall nol. in any one year, exceed one per cent. in the dollar on the valuation of the properiy, by the as- sessor elented in pursuance of this act and it shall be the duty of the assessor and thes assistant asseasors, to be elected as aforesaid, to, value, according to the best of their judgments. all and rate all single freemen, offices and professions within the borough. made taxable by the laws of this commoawealch. and to make out the returns of the said amsessment in such form and wishin such time as the council, by ordinance, shall direct; : and all taxes, rates and levies, assessed, nted and levied by the couneil. shall be recovered in the same manner as the county rates or levies in the county of Schuylkill are.or may herealter Further powers. be by law recoverable. Piteh, pave or SECTION 9. That the said couneil shall have full powerand authority, hy with stones, upon the application of two-thirda of the owners of property or lots 4, streets, fronting on street, road, lane or alley, to pilch and or Jay rvade, lanes, &e. with broken and gravel, any such street, road, lane or or to Original from dby Google UNIVERSITY OF CALIFORNIA OF THE SESSION OF 1850. 367 curb, form oF lay with brick, hard substanres or gravel, the foot- ways Badg gutters of thes same, and shall tax the propertly in front of which any snch improvement shall be made with the expense thereof, in proportion to the extent of the same in front: Proriled, No appli- Proviso. cation as aforesaid shall be for less than three hundred feet, or more than one thousand feet of any street, road, lane or alley,, at one time : And provide! further, Thati in all as aforesaid, the owners of an undivided estate shall be to bat one signature. and that no person, whatever may be the number of lots owned by him, shall be entitled to more than one signauire on any such petition. SECTION 10. That tbe said couneil are hereby authorized to recorer the taxes for pitehing and paving, laying with broken stone, and gravel, May recorer and curbing,in the same manner that county rates and levies are or here- taxes. after may be by law recoverable, or may institute actions for the re- covery of sueh laxes or assessments, before any tribunal in the state having jurisdictiou of the amounz claimed against the owner or owners of the property, or their legal representatives, in front of which such pitehing and paving, laying with broken stone or gravel, or eurbing; mentioned in the ninth section of this act, shall be done; and the said council shall and they are hereby authorized to recover legal interest from the time nf making such assessment, together with commission of five per cent, for collecting the same. SECTION 1. That the said council shall have fall power: and authority By-laws. to make any by-lawsor ordinances to oblige the owners or occupiers of houses in the said borough. to proride and keep in any num- ber of leather or tin buckets not exceeding two, to be only in ex- tinguishing fires. SECTION 12. That the burgess elected and qualified agreeably to this Precept to the act, or in his absence, refusal, neglect, or inability to aci, the president, collector for the of the couneil is hereby authorized to issue his precept as often as occa- collection of sion may require, to the collector commanding him to collect the taxes taxes, to he is in ofthis act, and the same to over 1o the treasurer; ; and sued by the bur- the burgess, or in his absence. neglect, or inability to aet, gess. the president of the couneil is hereby authorized to carry into effeet all by-laws and ordinances enacted the council, and whatever else may be enjoined on him or them for B well ordering and good government of the borough; and all atlestations made the town clerk, with the seal of the corporation, shall be gond E of the acts or things cer- tifed; and for aflixing the seal of the borough to any instrument for other than borough purposes, he shall receive fifly cents. SECTION 13. That it shail be the duty of the town clerk to attend all Town clerk, du- meetings of the town council, when assembled on businews of the cor- ties of. and perform the duties of a clerk thereto, and attest, keep E preserve the common seal and records of the corporation, and also to perform all the duties enjoined on him by this net, or by the acts of the corporation. SRCTION 14. That the treasurer shall give sufficient security to the Treasurer to give burgess for the faithful discharge of the duties of his office, and for the bond. safe delivery of all moneys, books and accounts appertaining thereto, into the hands of his successor, demand being made for that pur- pose by the burgess or president n the couneil. SECrIoN 15. That there shall annually be eleeted by the citizens of the said borough qualified to vote as aforesaid, at the time of electing Auditors. members of the town council, three citizens as auditors, who shall, within one month after their election, settle and adjust the accounts of the several officers of the said borough: and the said accounts being 80 settled and adjusted, shall forthwith be published by the corporation, Originalfrom Digitizedt by Gougle UNIVERSITY OF CALIFORNIA 368 LAWS OF PENNSYLVANIA, showing particularly the amount of taxes asseased and collected, and of ali moneys paid into the treasury, and the amount of and items of ex- pendiure. SEerIoN 16. That the president of the council and tres- Boand of appeal. surer, or any Iwo of them, constitute a board of appeal, and Duties. to the enllection of any borough tax, they shall a hearing of of which and of the amnunt 75 or 1 tax, and the the appeal will be. held, the collector shall notify each E bya written notice in the usuul manner. at least len days before Proviso. the day of appeal: Prorided, That thesaid board of appeal shall have no other power than to determine the jusiness of the appartioment of the said tax, and to remedy any grievance that may occur in imposing the same. SEerIos 17. That the territory within the limits of ihe said borough and Beparste school election dis- shall be a separate election and school district, the elections to be held trict. at the same place in the said borough, at whieh the borough elections are, or may hereafter be held, and in all other respects shall be separate from the township of New Castle, and every other township said county, and that all jurisdietion and powers of the oficers : said townships from the second Monday in May next, shall cease and. de termine, except so far as locollect any taxes that may be dueand owed to them from the inhabitants of said borough. Pay efjadss in- SECTION 18. That the judge, inspectors and clerks of the elections and held in the said borough for borough officers, shall be allowed each one I dollar day for their services in holling said elections : and the coun- eil T fix ihe compensation of such oflicers as shall be appointed or elected under this acl, or the acts of the corporation, whieh compenss tion shall be paid out of the borough treasury orders drawn on the treasurer, at such times and in such manner as couneil by ordinance may direct. SEeTioN 19. That the said couneil so soon as the same can conve- Burvey. niently be done, phall cause an aceurate survey to be made of the atreets, lanes and alleys within the said borough, and when the survey Drafts. shall be completed. shall cause two drafis or plans thereof to be made, with every explanation secessary 10 the full understanding of the same, To be Bled. one of whieh plans shall be depnsited in the office of the clerk of the court of quarter sessions of the county of Schuylkill, for publie in- spection and examination, and the other to be with the of the corporation; and it shall be the duty of the bargess F notice in at least one newspaper printed in the county, that the E survey and plans are completel, and the place where the said drafts ared deposited for examination, and thate on a certain day to be appointed, the couneil will hear any objection that may be made theretoi and the said couneil shall at the lime appointed adjudge and determine whether any and what alterations shall be made therein, and shall direet one of the said drafts or plans, authenticated by the president of couneil and town clerk, under the seal of the corporation. be recorded the office for recording deeds in and for the county s Schuylkill; the said survey and diafis 80 made and authenticated, shall thenceforth be deemed conclusive as to the courses, widihs and lengths of the streets, roads, lanesand alleys in thes said drafts laid downa and marked as publie streets, roads, lanes and alleys, shall be deemed and considered from thenceforth publie and the said drafts so made and recorded shall remain - Higk eanatable, SECTION 20. That it shall be the of tbe high constable to duties of. notice of the annual election of the y borough, selling tisements in five of the most pablic places in the : eight Original from Google UNIVERSITY OF CALIFORNIA OF THE SESSION OF 1850. 369 days previously hereto, he shall attend and see that the same is opened in the manner directed in this net; and its shall and be lawial for the said high constableto perform all the duties all the authorities of the constables of the several townships of this common- wealih, and within the said. borough, and generally lo do, execute and perform whatever else may be enjoined upon him by the council; and the said high constable shall be entitled to the same fees for the same services thatare by law allowed to other, constables. SECTION 21. That the inhabitants of the said borough. and all per- Inhabitants to be sons holding property therein, shall be competent witnesses in all ac- competent wit- tions arising under this act, or the laws or ordinances of the corporation; nesses. and ifany person shall think themselves aggrieved by anything done in pursuance.ofthis act, or of the by-laws or ordinances of the corporation, they appeal to the next court of quarter sessions to be held for the county 3 Schuylkill. giving security to prosecute such appeal with effect; and the sf court having laken such order thereon as to them shall seem just and reasonable, the sames hall be conclusivea against all parties. SECTION 22. That the said couneil shall, whenever the same shall Police officers. appear necessary, appoint asufficient number of persons as police officers tok keep the peace of said borough. who, during the time of their appoint- ment, shall be invested with the sameauthority: and entitled to the same privileges, emoluments and fees as the constables of the said borough are or shall hereafter be invested with, or be entitled to by law. SECTION 23. That the council shall, whenever the same shall appear Lock-up house. necessary, build, erect or provide and suppori, a suitable building in the said burough, to be used asa lock-up house or place of security, for the temporary detention of committed. bya justice of the peace of the said county, forany ras of the lawsof the common- wealth for which such person.or persons conld lawfully be committed to the common prison. there to remain and be kept unu such ofender can be conveniently conveyed to the county prison, or until he be dis- charged according to law: Provided, That, no person committed by a justice of the peace shall be confined in said house for a longer period than forty-eight hours. 41 hel SECTION 24. That it shall and may be lawful for the town couneil, and they are hereby authorized and required to assess and colleet annu- Tax on dogs, &e. ally, on each and every dog and bitch owned or kept by any citizen or inhsbitantofsaid borongh, a tax to any amount notexeeeding, one dollar for the first dog or biteh kept or owned citizen ori inhabitant of said borough, and not exceeding Iwo R a for the second dog or bitch, and so on in proportion to the number kept by each inhabitant or citizenof said borough, as they may deem expedient and proper, for the use ofthe said corporation. - an 359 SECTION 25. That the citizens of the said borough shall beexempted Borough from paying all road and taxes to the township of New Castle, for from road within the limits oPis the said borough that may be assessed after poor tates, &e EP passing of this act. 0tha - SECTION 26. That so much of any other act as is hereby altered or supplied, be and the same is hereby repealed. h act not to SECTION 27. That this act, and the and anthorities herein be omission affected to by elect vested in the said borough, shall not be EPin affected or destroyed officers, 24 N Ken - E Originalfrom Dipitzedby Go-gle UNIVERSITY OF CALIFORNIA 370 LAWS OF PENNSYLVANIA, by any negleet or omission to eleet or appoint all or any of its officers at the times allotted for the same. J. S. M'CALMONT, Speaker of the House ef Representatice. V. BEST, Speaker of the Senale. AFFROYED-The sixth day of April, one thousand eight hundred and fifly. WM. F. JOHNSTON. No. 274. AN AOT Granting to the boroagh of Erie a reservation called the Garrimon ground, for a park, and for an hospital: and relative to the North American life and E insurance company. WHEREAS, This commonwealth by an aet passed the eighteenth day of April, one thoosand seven hundred and ninety-five. reserved and set Preamble. a tract of sixty acres of land, on the southern side of the harbor SFe Prerque Isle, for the arcommodation and use of the United States, in erecting and maintaining forts, magazines, arsenals and dock yards, and other like improvements : And trhereas, The United States have long since ceased to occupy the same for the purposes aforesaid, or other : And trhereas, The tract of land E being PV thec corporate limits of the said borough, is in a dilapidated, unimproved and unsighty condition, offensive to the good taste and comfort of the inhabitants thereof: And sehereas, I improved and ornamented, and converted into pub- lie grounds, it would become highly agreeable and useful, without as is believed interfering with or infringing upon such occupaney as the United States may hereafier desire; ; therefore, SECTION 1. Be it enacted the Senale and House e Representa- tives the Commonealth Pennaylvania in General Ausenbly mel, - it is hereby enacted by the authority the same, That the tract of land aforesaid be granted lo the bargess a town couneil of E borough of of a Erie, the borough of Erie, in the county of Erie, for the purpose of a poblic authorized to park and public grounds, to the use and secommodation of the iphabi- lake posesion of iants thercof; that the corporate authority of said borough be authorized certain grounda, to take possession of the same to lay it out, or so much as may be re- &e. quired, in a manner suitable to the object; to find and plant trees and shrubbery, and otherwise ornament and improve the aame; ; to establish foot-ways, carriage-ways and other avenues; and lo and exteod the streets and lanes of said borough through the same, F to do what- ever else may be necessary to appropriate and convert the same lo the Original from zedby Google UNIVERSITY OF CALIFORNIA