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sylvania title, by patent or location, or a warrant, on which a thorized to survey has been executed and returned, agreeable to law, prior institute suies to the twenty-eighth day of March, seventeen hundred and against the eighty-seven, and who have not released the same to this com- wealth. monwealth; and whose lands have been surveyed, valued, and certified to a Connecticut claimant, or claimants, under and by authority of the ninth section of the act of assembly, passed the sixth day of April, one thousand eight hundred and two, and of the act passed the ninth day of April, one thousand eight hundred and seven,shall respectively be at liberty to institute a suit or suits in the courts of common pleas, of Luzerne county, against this commonwealth; at which trial the said court and jury shall have power to award a just compensation, without taking into view any improvement made thereon, for the land so taken from such Pennsylvania claimant, under and subject to the same provisoes, liberties, privi- How to be leges, benefits, and advantages, and to be paid and satisfied in the compensated. same manner as is prescribed by the ninth section of the act of the sixth of April, one thousand eight hundred and two.

shall be de

SECT. II. And be it further enacted by the authority aforesaid, Suits heretoThat all suits heretofore brought by Pennsylvania claimants fore brought against this commonwealth, for compensation as aforesaid, shall termined un be considered as having been brought under the authority of this der this act. act, and all appeals heretofore entered in such suits from the re- Of appeals. ports of arbitrators, either on the part of the state, or on the part of the Pennsylvania claimants, shall be tried and determined

in the manner before prescribed; excepting nevertheless, on such Certain causes as may have been tried before arbitrators or otherwise, causes exbefore the passing of this act, whereon the attorney-general of the operation empted from this commonwealth, on behalf of the same, hath or may deem it of this act proper not to make any further defence: Provided, that nothing Proviso. in this act contained, shall be construed to prevent either party from a trial by arbitration, agreeable to the existing laws.

JOHN TOD, Speaker

of the House of Representatives.

P. C. LANE, Speaker of the Senate.

APPROVED the third day of March, one thousand eight hun

dred and twelve.

SIMON SNYDER.

CHAPTER XLVI.

An ACT for the relief of James Wilson, a wounded soldier of the

revolution.

SECT. I. 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 state treasurer be, and he is hereby authorized

Appropria- and required, to pay to James Wilson, or order, immediately tion in favour after the passing of this act, the sum of forty dollars; and the of James Wil- further sum of forty dollars, per annum, to be paid half-yearly,

son.

to the said James Wilson, or his order, during his life; out of any unappropriated money in the treasury, to commence from the first day of January, one thousand eight hundred and twelve. JOHN TOD, Speaker

of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED the third day of March, one thousand eight hundred and twelve.

SIMON SNYDER.

Quarterly meetings to

be held.

By-laws, &c. to be revised, repealed, &c.

CHAPTER XLVII.

A SUPPLEMENT to an act, entitled "An act for erecting the town of York, in the county of York, into a borough, for regulating the buildings, preventing nuisances and encroachments on the commons, squares, streets, lanes and alleys of the same, and for other purposes therein mentioned.”

SECT. I. BE it enacted by the senate and bouse of representa tives of the commonwealth of Pennsylvania, in general assembly met, and it is hereby enacted by the authority of the same, That it shall be the duty of the burgesses and assistant burgesses, five of whom, including one burgess, shall be a quorum, to hold quarterly meetings on the second Mondays in May, August, November, and February, in each year, and oftener if necessary; at which meetings they shall have power and authority, and it shall be their duty to revise, repeal, or amend such by-laws and ordinances, as have heretofore been made in the 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 said borough; particularly for regulating the markets, improving and repairing the streets, lanes, alleys, and highways; making permanent rules relative to the foundations of houses, regulating pavements and party walls; with power to assess, apportion, and appropriate such taxes as shall be determined by a majority of them, necessary for carrying on such by-laws, ordinances, and other regulations, into full and complete effect; and to appoint a collector of such taxes, and also a treasurer, and such other officers as from time to time may appear necessary; and the said treasurer and other officers, to remove from office, for any misbehaviour or misdemeanor in office; which meetings shall be held in the court house, until the same shall be altered by the By-laws not burgesses; provided, that no by-law, rule or regulation, so made, repugnant to the constitution and laws of the United

Streets, lanes, &c.

Taxes.

Collector to be appointed. And other officers.

May be re

moved, &c.

to be repug

nant, &c.

shall be

&c.

States, or of this state; and that no person shall be punished for Not to be peany breach of such by-laws, unless such breach or offence shall nal, until afhave been committed at least ten days after such by-laws or or- ter 10 days, dinances shall be promulgated, in one or more of the public papers, printed in said borough; And provided also, that said taxes Taxes to be shall be assessed on real property only, and in assessing them, assessed on due regard shall be had to the valuation of such property, for the real property. purpose of raising county levies, so that the taxes assessed as And not to aforesaid, in any one year, shall not at any time exceed one third of a cent third of a cent on the dollar, of such valuation, unless a majority in the dollar, of the freeholders shall, for the of some great and purpose general improvement, think a greater sum necessary; and shall some great certify and approve the same, to the burgesses and assistant bur- ment. gesses, in writing, under their hands, who shall in such case pro- Which shall ceed to assess accordingly.

exceed one

unless for

improve

be certified

collected.

the treasurer.

Powers and

SECT. II. And be it further enacted by the authority aforesaid, by the burThat the chief burgess, or in his absence or inability to act, the gesses, second burgess, is hereby authorized to issue his precept as often Taxes to be as occasion may require, directed to the collector, commanding him to collect all taxes so assessed, and the same to pay over to And paid to the treasurer; and the said chief burgess, or in his absence or inability to act, the second burgess, is hereby authorized to carry duties of the into effect all by-laws, and ordinances, enacted by the said bur- burgess and gesses and assistant burgesses, and whatsoever shall be enjoined assistant burupon him or them, for the well-ordering and governing said bo- gess. rough; and shall have jurisdiction in all cases of dispute that may arise between the corporation and individuals, under this act, or any by-laws enacted by the burgesses and assistants, as aforesaid, and shall have power also to mitigate or remit fines and forfeitures, in all cases where it shall appear, that the person or persons so fined, did not offend intentionally, or on their having some other just and reasonable excuse, to plead in his, her or their behalf; which excuse shall be satisfactorily proven to the said chief burgess or second burgess, as the case may be.

SECT. III. And be it further enacted by the authority aforesaid, Court of apThat the chief burgess, or in his absence or inability to attend, peal. the second burgess, with two or more of the assistant burgesses, shall be a court of appeal; and prior to the collection of a bo- Individuals rough tax, the collector shall inform each taxable of the amount to be notified of the amount of his or her tax, either personally or by information, left at his of tax assessor her house, and of the time and place of holding the appeal, at ed, &c. least ten days previous thereto; provided, said court of appeal, Powers of the shall have no other power than to determine the justness of said court of aptax, and to remedy any grievance that may occur in imposing

the same.

peal.

Allowance to

SECT. IV. And be it further enacted by the authority aforesaid, the collector, That the burgesses and assistant burgesses, shall have power to and other ofallow the collector, and such other officers as may be employed ficers. K

Accounts to

to, carry their ordinances, laws, and rules into execution, and which are not already provided for in the act to which this is a supplement, reasonable salaries or compensations, which shall not be increased or diminished during the time for which said officers are appointed, respectively.

SECT. V. And be it further enacted by the authority aforesaid, be published That the burgesses, and assistant burgesses, shall once in every annually. year, publish an accurate and faithful statement of taxes laid and collected, and of all the monies paid into the treasury, and the amount of expenditures.

Treasurer to give bond,

Not to hold

any other of
fice, &c.
of fairs.

Appeal granted to the

ter sessions.

SECT. VI. And be it further enacted by the authority aforesaid, That the treasurer shall, before he enter on the duties of his office, give bond with surety, for the faithful discharge of his duty, and for the safe keeping and delivery of all monies, books, and accounts, appertaining thereto, into the hands of his successor, upon demand made for that purpose; Provided, that no person shall be appointed treasurer, who holds an office in the corporation at the time of his appointment.

SECT. VII. And be it further enacted by the authority aforesaid, That instead of the fairs licensed and authorized by the act to which this is a supplement, to be held in said borough, one to begin on the ninth day of June, and the other on the second day of November, in each year, and to continue two days each, the fairs hereafter to be held and kept in said borough, shall be held and commenced on the last Thursday in the month of May, and on the last Thursday in the month of October, in each year, forever, and to continue two days each.

SECT. VIII. And be it further enacted by the authority aforesaid, That if any person or persons, shall think him, her, or themcourt of quar-selves aggrieved by any thing done in pursuance of this act, except in what relates to the imposing and collecting the borough tax, and appointments made by the burgesses, and assistant burgesses, aforesaid, he, she or they, may appeal to the next court of quarter sessions, to be held for said county, upon giving security according to law, to prosecute his, her, or their appeal, with effect; and the said court having taken such order therein as shall seem to them just and reasonable, the same shall be conclusive against all parties.

Repealing section.

SECT. IX. And be it further enacted by the authority aforesaid, That so much of the law to which this is a supplement, as is hereby altered or supplied, be and the same is hereby repealed. JOHN TOD, Speaker

of the House of Representatives. P. C. LANE, Speaker of the Senate.

APPROVED the third day of March, one thousand eight hun

dred and twelve.

SIMON SNYDER.

CHAPTER XLVIII.

An ACT to provide for the copying of some of the records, in the office of the prothonotary of Cumberland county.

commission

SECT. I. 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 it Judges and
shall be the duty of the judges of the court of common pleas, ers to direct
with the commissioners of Cumberland county, or a majority of what books
them, to go into the office of the prothonotary of said county, shall be copi
and examine the books of record, and point out what particular ed,
books, in their opinion, should be copied ; and certify the same

to the prothonotary, and to direct him to copy such records, as Expense of,
to them or a majority of them, shall appear proper to be done, how paid,
at the expense of said county.

ers to furnish

SECT. II. And be it further enacted by the authority aforesaid, CommissionThat it shall be the duty of the commissioners aforesaid, and they blank books. are hereby authorized and required, at the expense of the county, to furnish the prothonotary of the county aforesaid with one or more blank books, of good strong paper, bound in leather, in which it shall be the duty of the said prothonotary to copy, or Duty of the cause to be copied off, such records as have been pointed out to prothonotary. him by the certificates aforesaid; and to index said book or books, in a plain and intelligible manner; and when such original books shall be copied, they shall be deposited in some safe place in the office, and the copies so made from them shall be Copies by carefully compared with the original, by the clerk of the quarter whom to be compared. sessions, and the register and recorder of said county, and their depositions set out in the last of the docket, or book taken be- Clerk of the fore one of the judges of the court of common pleas, and sub- sessions and scribed by them, that they had carefully compared the foregoing register and with the original, and that it was a true copy of the same, that depose, &c. the copies so made, or copies taken from such copy, when properly certified, shall have the effect and force in all courts of record and elsewhere, as though it had been taken from the original.

SECT. III. And be it further enacted by the authority aforesaid, Compensa That for the services performed by the said prothonotary, he tion for copyshall receive out of the county stock, by an order drawn by the ing. county commissioners, aforesaid, on the treasurer of said county,

the sum of one cent for each line containing twelve words; and And comparsuch further sum, as the commissioners and auditors of said coun- ing.

ty, shall think the said register and recorder, or clerk of the sessions entitled to for their services, in comparing said records : Provided, that the fees and compensation to the respective offi- Provise.

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