this ordinance, shall moreover pay a fine of one dollar for every such

offence.

SECT. 13. Whereas the preservaiton of fences within the borough is of great importance, Be it ordained, &c. That if any person or persons shall break any rail, pust, pale or other matter of which a fence is usually composed, or shall throw down, open, or in any way injure any fence or other inclosure, gate or bars within the said borough, and being thereof legally convicted shall forfeit and pay for every such offence the sum of ten dollars. And whereas depredations have frequently been made on fences and inclosures within the borough, under pretence of gathering splinters bark and chips, Be it ordained, That if any person or persons shall hereafter be found guilty of gathering or carrying away any kind of splinters, bark or chips, without the consent of the owner of such fence, or inclosure from which the same shall be taken, every person so offending shall be considered as a common depredator, and for every such offence shall forfeit and pay for the use of the corporation the sum of one dollar. And if any person or persons shall enter upon any ground or inclosure within the said borough, in which any vegetables, corn fruit, grain, or any article of value produced by the land shall be growing, and shall therefrom take any fruit, corn grain or produce whatever, without the consent of the owner thereof, such person or persons being thereof legally convicted shall forfeit and pay for the use of the corporation the sum of ten dollars, besides being liable according to law to compensate the owner or occupier of such inclosure for said injury.

SECT. 14. And be it further enacted and ordained by the authority of the same, That the surveyors or regulators, hereafter to be appointed agreeably to the charter, or a majority of them, shall within ten days after the publication of this act proceed to examine the Letart Spring, and shall measure and fix the boundary of all the lots with in the said borough joining to the said spring, according to the just rights and limits of the person or persons holding or owning the same, and to determine whether any and what encroachments have been made on the bed of the said spring, beyond the just bounds and limits of any of the said lot or lots so joining the said spring within the bounds of the said borough, and to examine whether any and what obstructions have been erected and now exist in the bed of said spring by any person or persons, whereby the water of the same is obstructed or prevented from flowing in the free and natural current which of right it ought to do, and shall within two weeks after such examination and survey made, make report of all such encroachments and obstructions as they shall find to exist, and of the owner or occupier of the ground adjoin

ing which such encroachments as aforesaid are made, and of the person or persons by whom or for whose use such obstruction or obstruc tions are or have been made or erected, to the chief burgess or to the assistant burgess, and it shall be the duty of the said burgess, or any one of them forthwith to give notice to the person or persons, who may be the owners or occupiers of the said lots or grounds so extended into the bed of the said spring as to be an encroachment according to the true intent and meaning of this act, and to such person or persons, as have erected or take benefit by any such obstructions as shall be reported to exist in the bed of the said spring, of the existence and extent of such encroachment or obstruction, which notice it shall be the duty of the high constable to serve by delivering a copy thereof to the person to whom it may be directed or by leaving a copy thereof at his or their last place of abode, which notice shall contain also a command to the said person or persons to remove such encroachment or obstruction within such reasonable time as by the said burgesses or either of them shall be deemed convenient. And if any person or persons shall neglect or refuse to remove such encroachment or obstruction within the time prescribed by the said notice, he, she or they, on being thereof legally convicted shall forfeit and pay to the use of the corporation the sum of twenty dollars. And it shall be the duty of the burgess or burgesses to issue their warrant to the high constable commanding him to remove all such encroachments and obstructions as shall be so reported, in the cheapest and most effectual manner, the expense of which removal shall be paid by the person or persons so convicted as aforesaid. But to prevent delay, the expense shall in the first place, be advanced by the treasurer of the corporation on orders drawn by the president of the council, and that for every days necessary attendance by the said high constable upon or executing this business, he be allowed the sum of one dollar per diem.

SECT. 15. And be it further ordained, That the high constable shall make quarterly reports to the burgesses in writing and under oath, that is to say on the first Monday of July, October, January and April in every year, of the state of the borough, as to the existence or non-existence of any nuisance or nuisances therein, particularly setting forth the nature of the nuisance, the place or places where committed or done, together with the name or names of the offender, or offenders, it known, and also make report at the same time, and in the same manner of the infraction of any other ordinance or by-law of the borough, and the said high constable and burgesses, shall on the Monday of every term of quarter sessions adopt and pursue all legal

NUISANCES AND OFFENCES.

39

measures for the prosecution of every public nuisance or other indictable offence committed within the bounds of said borough.

Passed in Town Council, April 18th, 1815.

ATTEST-GEORGE KLINE, Jr. Clerk.

D. WATTS, President of the Council.

A SUPPLEMENT TO AN ORDINANCE passed the 18th of April, 1815, entitled an Ordinance to prevent nuisances and other offences.

Be it enacted by the Town Council of the borough of Carlisle, and it is hereby enacted and ordained by the authority of the same: That any person or persons, being the owner or driver of any wagon cart or carriage, who shall stop or remain within the inhabited parts of the borough, for the purpose of resting or feeding his or their horses, or cattle, shall back his or their wagon, cart or carriage, in such way as that the wheels shall rest against the curb stone of the side pavement, and that the tongue project or extend towards the centre of the street; and that the owner or driver of such wagon, cart or carriage, shall place his or their wagon, cart or carriage in that part of the street adjoining to or opposite the lot or lots owned or occupied by the keeper of the Inn or Tavern, where he or they are entertained, if there shall be room for that purpose at the time, for such wagon, cart or carriage there to remain, And that the owner or driver of such wagon cart or carriage, shall not be permitted to place his or their wagon, cart or carriage in such way as to hinder or impede the free passage of any highway or street within the said borough at any time. So much of the act or ordinance to which this is a supplement, as is hereby altered, the same is hereby repealed.

ANDREW CAROTHERS,

Attest-J. SMITH, Jr. Clerk.

President of Council.

40

NUISANCES AND OFFENSES.

A SUPPLEMENT TO AN ORDINANCE

entitled an ordinance to prevent nuisances and other offences. Whereas difficulties have arisen in construing the third Section of the Ordi.

nance, to which this is a Supplement, passed on the eighteenth day of April, 1815.

Be it ordained & enacted by the Town Council of the borough of Carlisle, & it is hereby ordained and enacted by the authority of the same, That the said third section, of the said ordinance be and the same is hereby repealed, and that from and after the legal publication of this act, if any person or persons, shall obstruct the public square, streets, lanes or alleys or pavements by boxes, barrels, Hogsheads, cases or lumber, or from any article or cause whatever, other than wood for fuel (except as herein after excepted,) and shall not remove the same within three hours after notice being given by the Chief Burgess, Assistant Burgess or High Constable of this Borough, or shall replace the same, after being once removed, by order of the officers aforesaid, the same shall be considered a nuisance and the owner or person, so offending shall for every such offence, on due conviction thereof pay a fine of one dollar, and if the same shall not be removed within twelve hours after said conviction, he, she, or they so offending, shall forfeit and pay for every such continuance double the sum imposed by the last conviction, and so continue to pay double the fine imposed by the last preceding conviction until the same shall be removed.

PROVIDED, nevertheless that any merchant, mechanic or other person, having goods, wares, merchandise or other articles for sale, shall be at liberty to erect awnings and exhibit the said goods or other articles in front of their respective dwellings, or before their doors between sun rise and sun set, provided that the said goods or other articles shall not occupy more than two feet of the exterior or three feet of the interior of the pavements, and that the exterior and interior of said pavements shall never be occupied at one and the same time.

And it is also provided and understood that one watch-House for the the Bank in this borough shall be excepted out of this ordinance and that such other watch-house, as may hereafter be deemed necessary for the establishment of a nightly watch or patrole in said borough may be built and fixed in such manner as shall be directed and approved of by the regulators: And it is also further provided and un

1

NUISANCES AND OFFENCES.

41

derstood, that all privileges granted to and acts done by any person or persons erecting any building or improvements by virtue of any power or authority contained in the ordinance to which this is a supplement, or which may be granted by any future ordinance, are excepted from all the penalties of this act.

Enacted and ordained in Town Council, June 1, 1822.

ATTEST-GEORGE A. GRAYSON, Clerk.

JAMES HAMILTON,

President of the Council.

AN ORDINANCE

To preserve the waters of the Letart Spring, pure and undefiled.

Be it enacted and ordained by the Town Council of the borough of Carlisle, and it is hereby enacted by the authority of the same, That if any person or persons, shall throw any dead animal or other putrid matter into the Letart Spring, or shall drown or destroy any animal and leave its carcass therein, or shall suffer any excrement, filth, or offensive matter to run into the waters of said spring from any hogpen or stye, erected on or near said spring, or shall in any way corrupt the waters of said spring, so as to render the same unwholesome and impure, such person or persons so offending, or owning such hogpen, shall on due conviction thereof before the chief burgess, or any justice of the peace, pay a fine of ten dollars for the use of the corporation, and the like sum for every renewal or continuance of such nuisance.

Ordained and enacted in Town Council, 12th day of July, 1823.

Attest-THOMAS JONES, Clerk.

SAMUEL ALEXANDER,
President of Council.

A SUPPLEMENT TO AN ORDINANCE

entitled an Ordinance to prevent nuisances.

SECT. 1. Be it enacted and ordained, &c. That if any person shall

H