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P. L. 639.

be entered.

24. VI. The parties to any issue taken as aforesaid, shall be liable for the costs 14 June 1836 $ 6. of the trial thereof, in like manner as if they only were parties in the proceeding:

25. VII. If judgment, upon all issues taken as aforesaid, be rendered for the Each liable for defendants, such judgments, and the pleadings and proceedings upon which they Judgment for deshall be founded, shall not estop, debar or otherwise affect the action which any fendant not to bar other person or body politic or corporate, may at any time have upon such bond, other suits on the nor shall such judgment debar any action which the said plaintiffs may have same bond. therein, for any subsequent breach or cause.

26. VIII. If final judgment be rendered against the defendants upon any issue Now judgment to taken as aforesaid, such judgment shall be as follows, to wit : (1.) For the commonwealth, in the amount of such obligation or bond.(0)

(2.) For the plaintiff in such issue, in the amount of damages assessed, and for the costs accrued between such plaintiff and the defendants.(p)

27. IX. The judgment of the commonwealth as aforesaid, shall remain for the Judgment for comsatisfaction of all persons entitled to the benefit of the bond or obligation upon be a lien, except in which it was rendered, and for all and singular the like uses and purposes ; but certain cases. the said judgment shall not be a lien upon the real estate of the defendants, unless the commonwealth shall have commenced the action, nor shall execution thereof be had, except in the manner hereinafter provided.

28. X. The judgment for the plaintiff in such issue as aforesaid, shall be a Judgment for lien upon the real estate of the defendants, to the amount thereof, and such plaintiff to be a plaintiff may have execution thereof, on (or) a writ of scire facias, or other action thereon, in like manner as may be had in a case of judgments in other personal actions.

29. XI. In all cases where the condition of any such bond shall be broken, after Scire faclas may a judgment rendered for the commonwealth as aforesaid, it shall be lawful for the issue for subseparty aggrieved to proceed by writ of scire facias upon such judgment, suggesting his interest therein, to assess and recover the damages which he shall have sustained, in the manner hereinbefore provided in the case of the breach of the condition of a bond taken to secure the performance of a covenant, after a judgment had upon such bond.

30. XII. Every judgment rendered for the plaintiff in any such writ of scire Effectof judgment. facias, shall be of like effect to all intents and purposes, as judgments obtained by plaintiffs in other personal actions.'

31. XIII. It shall be lawful for the sureties in any bond as aforesaid, to pay Sureties may pay into court, at any time after suit brought thereon, as aforesaid, the whole amount into court the of the penalty of the bond, with all costs of suit up to that time, and there. penalty and costs. upon they shall be discharged from all further liability by reason thereof; but nothing herein contained shall debar any person of his action or of his execution against the officer, trustee or other person for whom such security was given, for any damages which shall not be paid out of such bond. (7)

32. All official bonds hereafter given by any clerk of either branch of the legis- 21 April 1846 6. lature, or by any county treasurer, or by any brigade inspector, or by any officer on the public works, shall not be deemed invalid, on the ground that the same Certain defects in may not have been approved by the proper officer or officers, as directed by law; official bonds, but the same are hereby declared to be as good and valid in law against said public officers and their sureties as if said bonds had been executed and approved in due form of law; and no mistake in the bond of any collector or other public officer, as to the name of the officer described in the instrument intended for his official bond, shall in anywise invalidate such bond, but the same shall be considered to apply to the officer whose office was intended to be described in such bond.

quent breaches.

P. L. 414,

cured.

BOOM COMPANIES.

See LUMBER.

(0) See supra 13, note e. The plaintiff may recover to the extent of the penalty, and interest thereon. Commonwealth v. Lynd, 9 W. N. C. 510.

(p) See Smith v. Commonwealth, 59 P. 320 Commonwealth v. Nealon, 8 Luz. L. Reg. 133.

(9) This act does not apply to bonds given before its passage. Myers v. Commonwealth, 2 W. & S. 60. Nor does it repeal the act 28 March 1803, § 4, relating to the limitation of act ns on iffs' bonds. Commonwealth v. Rainey, 4 W. & S. 186.

BOROUGHS.

4

I. OF THE INCORPORATION OF BOROUGHS. 62. Jurisdiction of quarter sessions. 1. How towns may be incorporated.

63. Each ward to be an election district. 2. Form of application.

61. Election of borough officers. 3. To be laid before the grand jury. Change of

65. Duties of assessors. limits.

66. Return of elections. 1. Courts may order or annul charters.

67. Terms of existing officers. Vacancies. 5. Powers of courts on incorporation.

68. Courts to fix places of elections and appoint

election officers. 6. Right to hold property,

69. Act extended to pending proceedings. 7. Corporate style and title. 8. What charters to contain. 9. Proceedings on application.

VII. CORPORATE POWERS. 10. Boroughs subject to act.

70. Powers of boroughs. 11. Boroughs may become subject to act.

71. Succession by corporate name. 12. Certain charters confirmed.

72. To sue and be sued. 13. Decrees validated.

73. Common seal. 14. Farm lands may be excluded.

74. To hold property. 15. Boundaries to be marked.

75. Powers to be vested in corporate officers. 16. Appeal from decree of incorporation.

76. To pass laws and ordinances.

77. Streets and sewers. II. CHANGE OF LIMITS.

78. To prohibit obstructions. 17. Annexation of adjacent property.

79. To regulate and grade roads, streets, sewers, 18. Plan of extension to be filed.

public squares, &c. Foot-walks. Curbing. 19. Extension over lands in adjoining counties.

80. I'o require the grading and paving of foot20. Duties of commissioners.

walks by owners. 21. Approval of report.

81. Collection of cost. 22. Proceedings by persons aggrieved.

82. Party walls, vaults, cesspools, sinks, drains, 23. Compensation of commissioners.

and partition fences. 24. Jurisdiction of quarter sessions.

83. To enter on lands. 25. Application for annexation.

84. To regulate the running at large of animals. 26. Proceedings thereon.

(owner.

85. Killing of dogs at large. 27. Dividing lines separating property of same

86. Markets. 28. Jurisdiction to change such lines.

87. Weights and measures. 29. Auditor to be appointed.

88. Removal of obstructions and nuisances. 30. Notice of audit.

89. Noxious and dangerous trades. Storage of 31. Enforcement of decree.

gunpowder, fireworks, &c. 32. Decree where property is detached.

90. Keeping of manure and hogs. 33. Officers residing in detached territory.

91. Burials.

92. To make health regulations. III. RE-ESTABLISHMENT OF BOROUGHS.

93. Fires and fire companies.

94. Amusements. 34. Separation from cities of the third class.

95. Nightly watch. Street lighting. Water supply. 35. Reports of commissioners.

96. Fines and penalties. Lock-up. 36. Adjustment of indebtedness.

97. Appointment and removal of officers. En37. Bonds to be issued.

forcement of ordinances. 38. Adjustment of taxes.

98. Fees of officers in the adjustment of grades,

curbs, lines, party walls and partition fences. IV. SECEDING BOROUGHS.

99. Borough taxes. 39. Petition to be set off from borough.

100. Dog taxes. 40. New borough to become body politic.

101. To borrow money. 41. First election. Polls.

102. May redeem loans before maturity. 42. Repealing clause.

103. Additional special tax authorized.

104. To be applied for water, gas and electric lightV. CONSOLIDATION OF BOROUGHS. ing purposes. 43. Boroughs may be consolidated.

105. May expend funds for electric light. 44. How consolidation to be made. Submission to

106. Acceptance of act. Special election.

107. To license amusements. vote. Governor to issue letters-patent.

108. Enforcement of act. 45. Boroughs to be then one municipal corporation.

109. May change rates of water rent. 46. Rights transferred to new boroughs. Rights of

110. Regulate the erection of wooden buildings. creditors.

111. Auctioneers' licenses. 47. Chief burgess of new borough, -of other bor

112. Contracts for supplying water outside of limits. ough. Council of new borough. 48. Term of chief burgess.

113. Election as to expediency of waterworks.

114. When second election necessary. 49. Chief burgess not to be a member of council.

115. To make and repair wharves. Veto power.

116. To tax hacks and omnibuses. 50. Consolidated borough to form one school dis

117. Enforcement of ordinances. trict. 51. Overseers of the poor and street commissioners.

118. Manufacture of electricity for commercial 52. Treasurer. Constable. Clerk of council. Bor

purposes.

119, Petition for viewers. ough officers. 53. Justices of the peace.

120. Compensation of viewers.

121. Appeal. 54. Tax collectors.

122. Trial of appeal.

123. Notices. VI. DIVISION INTO WARDS.

124. Exceptions. 55. Erection of wards.

125. Increase of indebtedness. 56. Appointment of commissioners.

126. Act to apply to boroughs now owning plants. 57. Proceedings on report.

Indebtedness validated. 58. Election of officers after a division into wards. 127. May widen and deepen streams. 59. Compensation of commissioners.

128. Maintenance of embankments. 60. Increase of councilmen and school directors. 129. How work to be paid for. 61. Act extended to pending proceedings.

130. Damages.

VIII. BOROUGH ELECTIONS.

XIII. HIGH CONSTABLE. 131. Election of burgess and town comucil. Elec- 188. Powers and duties of high constable. tion officers. Persons electeil. Vacancies.

189. To give notice of election. 132. Penalty for refusal to accept oftice. 133. Borough elections to be held like township

XIV. POLICE. elections. 134. Time and place of borough elections.

190. Council may appoint policemen. 133. Who entitled to vote.

191. Badge of policeman. 1:36, Officers to be elected.

192. To be under the control of council. Compen137. Repeal of section 7 of the act 3 April 1851. sation. 138. Election of town council.

XV. AUDITOR. 139. Where boroughs have an even number of councilmen not divisible by three.

193. Annual meeting of borough auditors. 110. Vacancies.

194. To receive two dollars per day. 141. Electors only eligible to office.

195. Repealing clause. 142. Officers to serve until others are qualified. 143. Certificates of election to be filed.

XV1. BOROUGH TAXES. 144. Number of councilmen. 145. Cumulative voting in Bloomsburg.

196. Tax collector to be elected for three years. 146. Form of ballots.

197. Repealing clause. 147. Vacancies in office.

198. Powers of collector. Proceedings against. 148. Cumulative voting extended to the election of

199. Collection of taxes. councils in all boroughs.

200. Notice to taxables. 149. Cumulative voting as provided by the act of lector: Powers. Compensation. Distress and costs.

201. Duplicate to be placed in the hands of the col1871 repealed. 130. Vacancies in borough officers.

202. Repealing clause. 151. Quorum.

203. Quarter sessions may direct the collection of 152. Monthly meetings.

special taxes. 133. Oath of office.

204. Appropriation of tax on dogs. 154. Duty to keep records. 155. To publish ordinances.

XVII. ADJUSTMENT OF INDEBTEDNESS. 156. To appoint treasurer and secretary. 157. To give notice of all orders and regulations.

205. Adjustment of indebtedness with township. 1.38. Plans of streets.

206. Where a township is merged into one or more 159. Notice of propositions to change streets and boroughs. grading.

207. Jurisdiction in equity. 160. Appeals from assessments.

208. Notice to be given to present claim.

209. Powers of the court. 161. To fix security and compensation of officers. 162. Court of appeal. Collector of taxes to give

210. Receivers may be appointed. notice of tax and time and place of appeal.

211. Apportionment of credits. 163. To fix compensation of election officers.

212. Costs. 164. Corporate officers to receive no compensation.

213. Borough to succeed to the rights and liabilities

of the township IX. BOROUGH OFFICERS.

214. Borough to pay proportion of road debt. 165. Commencement of term of borough officers. XVIII. EMINENT DOMAIN – BOROUGH 166. Six school directors and two justices of the

STREETS. peace to be elected. 107. Oath of othice.

215. Limitation of powers. 168. Accounts to be rendered to town council for

216. Private property not to be taken without comsettlement.

pensation. 149. Penalty for refusing to accept office.

217. Complaint to quarter sessions.

218. Jurisdiction of quarter sessions in reference to X. CHIEF BURGESS.

streets. 170. Chief burgess to be elected for three years.

219. Street when opened to be public highway.

220. Owners not to build over lines of streets after 171. Vot to hold other office nor to preside at meet

they are laid out. 172. To approve or veto every ordinance and reso

221. How streets to be opened. Duties of viewers. lution.

Assessment of benefits. 173. Office of assistant burgess abolished.

222. Report of viewers. Collection of assessments.

223. Change of grade. Viewers. Report. 175. Council to fix salary of burgess.

224. Paving, curbing and macadamizing streets. 176. Powers of burgess.

225. Assessments to be filed. 177. Duties of burgess.

226. Unpaid assessments.

227. Not to be liens uwless filed within six months. 178. To issne precept to tax collector. To carry ordinances into effect. To cause streets laid out by

Liens to be revived within five years.

228. Contents of claim. order of court to be opened. Councils may mitigate fines.

229. Meaning of “owner.” 179. Second burgess.

230. Service of notice.

231. Manner of collection when defendant is a cor180. Burgess to exercise criminal powers of justices in the enforcement of ordinances.

poration.

232. Sewage system. 181. Recovery of fines.

233. Assessment on adjoining properties. 182. To keep accounts of fees, fines and costs and report the same to councils.

234. Claim to be filed. Lien for five years. 183. Persons charged with the violation of peace

235. Connections. ordinances may be committed.

236. Refusal to connect.
237. Penalties.

238. Sewer mains may be extended beyond limits. XI. SECRETARY.

239. Damages to be secured before entry on private When certificate to be property.

XIX. BOARD OF HEALTH. 185. Perform the duties of town clerk.

ing of council.

174. Repeal.

184. Duties of secretary. evidence.

240. Board of health to be appointed to consist of

five persons, XII. TREASURER.

211. Duties and powers of board. 186. Duties of treasurer.

212. Members to be sworn. To organize annually. 187. To perform the duties of township treasurer To elect secretary and health officer. Salaries.

Bonds.

within the borough.

213. Powers and duties as to infectious diseases. probable receipts and expenditures. Annual report. May establish hospitals. District physicians and sani- Communication with state board. tary agents.

247. Repealing clause. 24. Abatement of nuisances.

215. Registration of marriages, births and deaths. XX. EXECUTIONS AGAINST BOROUGHS. Rules and regulations. Penalties. 216. Board to submit to council an estimate of

248. Judgments against boroughs to be enforced in the same manner as judgments against townships. Service of execution.

P. L. 163,

tion.

To be laid before

and be by them

I. Of the incorporation of boroughs. 1 April 1834 $ 1. 1. The several courts of quarter sessions, within this commonwealth, shall have

power, by and with the concurrence of the grand jury of the county,(r) to incorHow towns may be porate any town,(s) or village within their respective jurisdiction, [containing not incorporated.

less than three hundred inhabitants,](?) and every town or village so incorporated, shall be a body corporate and politic, by the name which shall be given or sanctioned by the court, and by that name shall be capable in law to purchase, hare, hold, enjoy and retain for ever, or for a shorter term, lands, tenements and hereditaments, goods, chattels and effects of every kind whatsoever, that may be necessary to fulfil the end of the corporation ; and the said corporation shall have perpetual succession, and in its name, 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, to have and to use one common seal, and the same,

from time to time, at their will, to change and alter.(u) Ibid. § 2.

2. When application is made to the court by the inhabitants of any town or

village, for the privileges conferred by this act, it shall be in writing, and shall be Form of applica

signed by a majority of the freeholders residing within the limits of the same. It
shall set forth the name, style and title of the proposed borough, with a particular
description of the boundaries thereof, exhibiting the courses and distances in

words at length, and be accompanied with a plot or draft of the same.
Ibid. $ 3. 3. The court shall cause the aforesaid application to be laid before the grand

jury, when in session, and if a majority of the said grand jury, after a full investhe grand jury,

tigation of the case, shall find that the conditions prescribed by this act have been

complied with, and shall believe that it is expedient to grant the prayer of the approved.

petitioners, they shall certify the same to the court, which certificate shall be
entered of record, and no further proceedings shall be had, until the succeeding
term of the said court, at which term the judgment of the grand jury may be
confirmed ;() and if the decree of the court shall be in conformity with the
prayer of the petitioners, the said petition and decree shall be recorded in the
recorder's office of the proper county, at the expense of the applicants, and from
thenceforth, the said town or village shall be deemed an incorporated borough,
and shall be entitled to the several rights, privileges and immunities conferred by
this act, subject to such modifications as may be hereafter made by the legislature.
But, if the court shall deem further investigation necessary, they may take such

order thereon, as to right and justice shall appertain. The same proceedings shall Channel. limits, be had, on an application to change the limits of any borough incorporated under

this act, and the courts aforesaid shall have full power to decree such alteration as

may be needful.(w) Ibid. & 4. 4. The several courts of quarter sessions aforesaid, shall also have power

with the concurrence of the grand jury of the county, and upon the application in writor annul boroughing of two-thirds of the taxable inhabitants of any borough now incorporated, or charters.

that may hereafter be incorporated, to annul or alter the charter of the same, and similar proceedings shall be had on such application, as in the case of incorporat

ing a borough. 8 April 1851 & 21. 5. The several courts of quarter sessions within this commonwealth shall hare

power, as provided by law, to incorporate boroughs without regard to the populaPowers of courts tion thereof,(x) which shall be subject to the provisions of this act, to fix the time on incorporation and place of holding the first election therein, to designate a person to give due of a borough. notice of such election and the manner thereof, to appoint a judge and inspectors

at such first election from among the electors of the borough, to fix and change Ibid. $ 31.

the time and place within the same of holding the annual borough election. Limitation of right

6. Boroughs incorporated by the court of the proper county shall be limited to to hold property.

hold real and personal estate not exceeding the yearly value of three thousand dollars.

P. L. 325.

[ocr errors]

(r) See infra 12.

wickley, 36 Ibid. 80. See Yeadon Borough, 14 C. C. (8) This does not authorize the incorporation into a 230. borough of two or more villages, together with a tract (t) See infra 5. of open farming country. Borough of West Philadel- (u) The remainder of this section supplied, infra 6. phia, 5 W. & S. 281. The act is to be strictly construed. This act is in force so far as not altered or supplied by Ibid. The courts have no power to incorporate a vil- later enactments. McFate's Appeal, 105 P. S. 323. lage so as to include within the boundaries of the cor- (v) Incorporation of Warriorsmark, 31 L. I. 317. poration a large body of surrounding farm lands; no (u) See Borough of Middleport, 1 Leg. Chron. 3. more than the village itsell, with its proper territory, Darby v. Sharon Hill, 112 P. S. tit. can be thus incorporated. Borough of Little Meadows, (r) See Borough of Blooming Valley, 56 P. S. 66. 28 P. S. 256; s. c. 35 Ibid. 335. See Borough of Se- Philadelphia und Reading Coal and Iron Co. v. Her.

old, 1 Ley. Rec. R. 130.

P. L. 825.

What charters to contain,

P. L. 263.

P. L. 161.

confirined.

ized.

7. The corporate style and title of boroughs incorporated under this act shall be 3 April 1951 & 28. The Borough of

8. All charters granted under this act shall set forth : I. The corporate style Ibid. § 29. and title of the borough. II. The boundaries thereof. III. The time and place of holding the annual borough election.

9. Any application for the incorporation of a borough, under the general 2 June 1871 $ 1. borough acts of first of April 1834 and third of April 1851, shall be laid before the grand jury, at the same term of the court when presented, whenever the same

Proceedings on apcan be conveniently done, and in no case later than the next subsequent term of plication. the court, and shall be signed by the petitioners whose names are attached thereto, within the three months immediately preceding its presentation to the court:(y) and public notice of the intended application for a borough charter shall be given in at least one newspaper of the proper county, for a period of not less than thirty days immediately before the petition shall be presented; (2) the foregoing regulations shall also apply to any application to a court of competent jurisdiction under the said acts, or either of them, for a change of borough limits, or to annul or alter a borough charter, or to bring a borough created or regulated by special laws under the operation of the aforesaid act of 3d of April 1851.

10. Every borough hereafter incorporated by an act of the general assembly, 3 April 1851 $ 22. shall, unless otherwise provided, be subject to the provisions of this act; and the courts of quarter sessions shall have power to fix the time and place of holding Boroughs subject borough elections as herein provided, and shall in like manner appoint the officers to act. to hold the first election, and a person to give notice thereof.

11. Any borough heretofore incorporated, may, upon application to the court Ibid. $ 38. of quarter sessions, become subject to the restrictions and possess the powers and Boroughs may beprivileges conferred by this act: Provided, That the said court may in their dis- come subject to cretion refuse such application on the remonstrance of the inhabitants : And pro

revised act. vided further, That upon such application being confirmed by the said court, the provisions of the former charter shall be annulled by the decree of the court, so far as they are in conflict with the provisions of this act.

12. All boroughs incorporated under the general borough laws, which have 27 June 1993 $ 1. not recorded their charter, but have otherwise complied with the law, shall, upon the recording of the same, become a legal borough from the date of its charter; Certain charters and all elections, proceedings, by-laws, and the corporate acts of its officers are hereby declared as legal and valid, and to have the same force and effect as if official acts legal. said charter had been duly recorded as required by law, upon the decree of its incorporation.

13. Whenever heretofore the borough authorities or citizens of any borough have made application to the court of quarter sessions of the peace of the proper county, to be brought under the operation of the act of assembly, entitled " An Decrees bringing act regulating boroughs,” approved the third day of April, Anno Domini one the act 3 April thousand eight hundred and fifty-one, and the said court, after publication of 1851, validated. notice, as directed by the court, of such application, and without having laid the same before the grand jury, granted and confirmed the application and made a decree that such borough should become subject to the restrictions and possess the

powers and privileges conferred by said act of the third of April, Anno Domini one thousand eight hundred and fifty-one, such decree shall be taken and held to be legal and valid and of the same force and effect, as if the application had been laid before and approved by the grand jury: 14. Whenever an application has been, or shall hereafter be, made, by the 1 April 1963 $ 1.

P. L. 200, freeholders of any town or village in the commonwealth, for an act of incorporation into a borough, and the boundaries fixed by the petitioners shall embrace Court may exclude lands exclusively used for the purposes of farming, and not properly belonging to farm lands from the town or village, the courts of quarter sessions of the county where such appli- proposed borough. cation is made, shall have power, at the request of the party aggrieved, to change and modify such boundaries, so as to exclude therefrom the land used for farming

15. The boundaries of the borough shall, as soon as practicable after its incor- 3 April 1951 $ 25. poration, be determined and marked, due notice being first given to the supervisors of adjoining townships, or to the corporate authorities of adjoining boroughs.

16. In all proceedings now pending, or which may hereafter be instituted, in any court of quarter sessions within this commonwealth for the erection of boroughs, wherein a decree has been entered incorporating any town or village, an appeal shall lie from any such decree, within twenty days from the recording of appeal frcorpora such decree, by not less than three persons aggrieved thereby, to the supreme court of this commonwealth.

The record must show that this requirement 1 Montg. 34. Pennsburg Borough, 3 Montg. 187. Warhas been complied with. Borough of Osborne, 101 riorsmark Borough, 1 Walker 66. In re®Borough, 22 P.S. 254. Borough of Versailles, 31 W. N. C. 48. But W. N. C. 106. Eddystone Borough, 3 Del. 541. this can be shown and made a matter of record at any (z) The notice must state the time and place when time before final decrec. In re Borough, 114 P. S. 362. and where the petition will be presented. Borough of

Borough, 18 W.N.C. 82. Linfield Borough, Osborne, 101 P. S. 281.

26 May 1991.

P. L. 1:).

purposes.

P. L. 325. Boundaries to be marked.

9 May 1889. P. L. 174.

tion.

In

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