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Section 1. BE it enacied 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 said town of Carlisle shall still continue and remain a borough, under the name and title of “ The Borough of Carlisle,” the extent anı! bounds of which shall be the same as in the original law, passed on the thirteenth day of April, in the year of our Lord one thousand seven hundred and eighty-two.*
* Beginning at a walout corner tree of land, now of Thomas Wilson's heirs, being a post at the corner of the widow M’Donald's out lots; thence by the said land of Thomas Wilson's heirs, adjoining the out lots, south twenty-four degrees and one quarter east, two hundred and thirty-three perches, to a post on Letart Spring; thence down the said spring, the different courses thereof, fifty-nine perches, to a white oak, at the corner of Jonathan Holme's land; thence by the same and adjoining out lots, south twenty-six degrees east, one hundred and twenty perches, to a post; thence by the same, south sixtyone degrees east, one hundred and twenty-one perches, to a hickory; thence by the same, south forty-ope degrees east, one hundred perches, to a white oak stump; thence by number one of the small tracts of land sold by the late proprietaries to the inhabitants of the town of Carlisle, now in the possession or occupancy of James Davis, south forty-nine degrees west, ninety perches, to a black oak; thence by Charles M'Clure's land, south forty-nine degrees west, one hundred and twenty-nine perches, to a black oak; thence by the same, north seventy-five degrees west, twenty-one perches, to a post, and south forty degrees west, fifty perches, to a black oak, and north seventyfive degrees and an half west, one hundred and fifty four perches, to a post on Letart Spring; thence down said spring, the different courses thereof, forty-four perches, to a post on the west side of the spring; thence by the said Charles M'Clure's land, in right (as is said) of Baynton and Wharton, south eighty-nine degrees west, one hundred and fifty-nine perches, and adjoining out lots; thence by the same adjoining out lots, and commons belonging to the town, north eighty-one degrees west, one hundred and thirty-five perches, to a post, where a hickory tree formerly stood; thence by Ephraim Blaine's land, in right of Hugh Parker and the late proprietaries (as is said) and by John Smith's and company's land, north one hundred and eighty-one perckes to a post; thence by the said John Smith's and company's land, south eighty degrees west, one hundred and thirty-four perches, to a post; thence the same course, extending by Ephraim Blane's land, twenty-sis perches; thence north right degrees east, one hun.
dred and forty-two perches and four tenths of a perch, to James Young's line, including the out lots ; thence by the said James Young's line, south forty-three degrees east, seventy-four perches, to a hickory, and adjoining out-lots; thence by the same, north eighty-three degrees and an half east, one hundred perches and two tenths of a perch to a stone corner ; thence by the same, north twenty-four degrees and one quarter west, fifty-nine perches, to a post; thence by the same, north eighty-seven degrees east, fortg perches and an half, to a post; thence by the same and Ross Mitchell's line, north two degrees and an half west, one hundred and seventy-seven perches, to a post; thence along the road laid out through Ephraim Blaine's land, from said Mitchell's line to said Blaine's mill, north eighty-one degrees and a half west, two hundred and thirty-two perches, to the road leading from Carlisle town to said mill; thence along said Carlisle road, south four degrees west, twenty-two perches, to the place of beginning, including the town of Carlisle, commons, and all the out lots.
SECT. 2. And be it further enacted by the authority aforesaid, That the inhabitants of the said borough, entitled to vote for members of the general assembly and who shall have resided within the same at least one year immediately preceding the election herein after mentioned, and within that time paid a borough tax, shall have power on the third Friday in March nest, and on the same day in every year hereafter, to meet at the court house in said borough, and then and there between the hours of one and five in the afternoon, elect by balot, one citizen residing therein, who shall be styled the "Chief Burgess," one other eitizen who shall be styled the "Assistant Burgess," and nine citizens to be a town council, and shall also elect as aforesaid one citizen as a high constable; all of whom shall be inhabitants as aforesaid of the said borough. And also shall at the same time and place elect four suitable persons for constables, and return the said persons so elected for constables to the next court of quarter sessions of the county of Cumberland and the said court shall appoint two of them to be copstables of the said borough for one year from and after the time of their appointinent, who when appointed as aforesaid, shall have the same power within the said borough, and be subject to all the penalties which coustables have and are subject to under the act entitled, "An act to amend and consolidate with its supplements, the act entitled, "An act for the recovery of debts and demands not exceeding one hundred dollars before a justice of the peace, and for the election of constables and for other purposes;" but previous to the opening of said election, such of the inhabitants who are present at the court house shall elect three citizens as judges, one as inspector, & two as clerks
of the said election, which shall be regulated and conducted througliout according to the general election law of this commonwealth, and who shall be subject to the same penalties for mal practices as by the said law are imposed; and the said judges inspectors and clerks, before they enter upon the duties of their respective offices, shall take an oath or affirmation before any justice of the peace of said county, to perform the same with fidelity, and after said election shall be closed, shall declare the persons having the greatest number of votes to be duly elected; and in case that any two or more candidates should have an equal number of votes, the preference shall be determined by lot, te be drawn by the three judges in the presence of the inspector and clerks, whereupon duplicate certificates of said election shall be signed by the said judges, one of which shall be delivered to the clerk of the court of quarter sessions of the said county, to be deposited in his office, and the other shall be filed with the papers belonging to the corporation. And it shall be the duty of the high constable for the preceding year, to give notice in writing to each of the persons so elected as aforesaid ; and in case of the death, resignation, removal or refusal to accept of any of the said offices, or if it should at any time happen through neglect, that no election shall be holden on the day atoresaid, in the mode herein before prescribed, the chief burgess, or in his absence or inability to act, the assistant burgess shall issue his precept directed to the high constable, to hold an election in manner aforesaid to supply such vacancy or neglect, giving at least eight days notice of such election by six advertisements set up in the most public places in the said borough.
Sect. 3. And be it further enacted by the authority aforesaid, That from and after the third Friday in March next, the chief burgess, as sistant burgess and town council, duly elected as aforesaid, and their successors, shall be one body politic and corporate, by the name and style of "The Chief Burgess, Assistant Burgess and Town Council of the Borough of Carlisle," and shall have perpetual succession; and the said chief burgess, assistant burgess and town council and their successors shall be capable in law to have, acquire, receive, hold and possess goods and chattles, lands and tenaments, rents, liberties, jurisdictions, franchises and hereditaments to them and their successors, in fee simple or otherwise, not exceeding the yearly value of five thousand dollars ; and also to give, grant, sell, let and assign the same Jands, tenaments hereditaments and rents; and by the name and style aforesaid, they 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 whatsoever, and to have and use one common
seal, and the same from time to time at their will to change and alter, until it be otherwise directed by law, and the said inhabitants shall hereafter forever hold two markets in each week, one on Wednesday and one on Saturday.
Sect. 4. And be it further enacted by the authority aforesaid, That if any person duly elected as chief burgess, assistant burgess, members of the town council, or high coustable, as aforesaid, 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 himselt the duties of said office, shall neglect to discharge the saine according to law, every person so refusing or neglecting, shall for every such offence, forteit and pay the sum of twenty dollars, which fine and all other fines and forfeitures incurred and made payable in pursuance of this act, or of any of the by laws and ordinances of the town council, shall be for the use of the said corporation, and shall be recovered in the same manner that debts not exceeding one hundred dollars are recoverable; and when so recovered shall be forth with paid to the treasurer of the borough; and it shall be the duty of the officers of said borough, on receiving any money belonging to the corporation, to pay the same to the treasurer thereof.
Sect. 5. And be it further enacted by the authority aforesaid, That the chief burgess, assistant burgess, town council and high constable and each of them before entering upon the duties of their respective offices, shall take and subscribe an oath or affirmation, before any justice of the peace of said county, to support the constitution of the United States and of this state, and to execute the duties of their respective offices with fidelity; and the certificates of such oaths and affirmations shall be filed among the records of the said corporation.
. Sect. 6. And be it further enacted by the authority aforesaid, That it shall be the duty of the said town council, five of whom shall be a quorum, to hold meetings on the second Saturday in April, July, October and January in each year, and oftener if occasion requires, at which meetings they may revise, repeal or amend all such by laws and ordinances as have been heretofore made in said borough, and enact such other by laws, and make such rules, regulations and ordinances, as shall be determined by a majority of them, necessary to promote the peace, good order, benefit and advantage of the said borough; particularly of providing for the regulation of the markets, improving, repairing and keeping in order the streets, lanes, alleys and highways, ascertaining the depth of vaults, sinks, pits for necessary houses, and making permanent rules relative to the foundations of
buildings, party walls and fences. They shall have power to assess, apportion and appropriate such taxes as shall be determined by a majority of them necessary for carrying the said rules and ordinances from time to time into complete effect, and also to appoint a town clerk, treasurer, two persons to act as street and road commissioners, a clerk of the market and a collector, annually, and such other officers as may be deemed necessary from time to time, and the same of ficers from time to time to remove for misdemeanor in office; which meetings of the said town council shall be held at the court house in the said borough, until a town house is erected; Provided that no by law, rule or ordinance of the said corporation shall be repugnant to the constitution or laws of the United States or of this commonwealth and that no person shall be punished for a breach of a by law or ordi. nance made as aforesaid, until ten days have expired after the pro. mulgation thereof, in at least one English and one German newspaper, printed in the said borough, if such papers are printed in the same, & if not, then by 6 advertisements to be put in the most public places in said borough: And provided also, that in assessing such taxes. due regard shall be had to the valuation of taxable property taken for the purpose of raising county rates and levies, so that the said tax shall not in any one year exceed half a cent in the dollar of such valuation, unless some object of general utility shall be thought necessary; ia which case a majority of the taxable inhabitants of said boreugh shall approve of and certify the same in writing under their hands, to the town council, who shall proceed to assess the same accordingly.
Sect. 7. And be it further enacted by the authority aforesaid, That the chief burgess, elected and qualified agreeably to this act, or in his absence or ioability to act, the assistant burgess is hereby authorized to issue his precept as often as occasion may require, directed to the collector, commanding him to collect all taxes so assessed, and the same to pay over to the treasurer. And the said chief burgess, or in his absence or inability to act, the assistant burgess is hereby authoria zed to carry into effect all by laws and ordinances enacted by the towo council, and whatsoever else shall be enjoined upon him or them for the well ordering and governing said borough.
Sect. 8. And be it further enacted by the authority aforesaid, That it shall be the duty of the town clerk to attend all meetings of the town council when assembled upon business of the corporation, and perform the duty of clerk thereto, and keep and preserve the common seal and records of the corporation, and be answerable for the same, & also for the faithful discharge of all the duties which may be enjoined upon him by virtue of this act or of the acts of the corporation, whose