Certain of

fices incompatible with a seat in

the legisla

ture, &c.

clared to be null and void; and every person continuing to hold such commission, office, or appointment, after the fourth of March, one thousand eight hundred and thirteen, shall be subject to all the penalties of the act to which this act is supplementary.

SECT. 11. And be it further enacted by the authority aforesaid, That no member of either branch of the legislature of this commonwealth, shall, during the time for which he shall have been elected, hold any other office or appointment within this commonwealth, to which perquisites or fees are attached under the constitution, or any law, except in the militia, attorney at law, or elective offices and appointments, by the people, and by courts of justice.

JOHN TOD, Speaker

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

APPROVED the sixth day of March, one thousand eight hundred and twelve.

SIMON SNYDER.

Charter extended.

Company in corporated.

tle of.

CHAPTER LVIII.

A SUPPLEMENT to the act, entitled "An act to incorporate the Lancaster and Susquehanna Insurance Company."

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 charter of the Lancaster and Susquehanna insurance company, be, and the same is hereby extended, and continued in force, until the second Monday in December, which will be in the year of our Lord one thousand eight hundred and twenty-two, and no longer, being an extension of six years, with the powers and restrictions contained in the original charter,

SECT. 11. And be it further enacted by the authority aforesaid, That the subscribers to the Lancaster and Susquehanna insurance company, their successors and assigns, are hereby ordained, constituted, and declared to be, forever hereafter, a body politic and corporate, in law, and in fact, for the purpose Style and ti- of making insurances from loss by fire; and by the name of "The Lancaster and Susquehanna insurance company;" they and their successors shall, and may, have continual succesPowers of the sion; and shall have, hold, possess and enjoy, all and singucorporation. lar, the powers, rights, immunities, and privileges, granted Powers here, to other fire insurance companies, within this commonwealth; by granted and shall be subject to the like restrictions; provided always, may be re- that if at any time it shall appear to the legislature, that the sumed, &c. charter privileges, hereby granted, are injurious to the public

welfare, the power thereof, to repeal this act or any part of it, shall not on any conditions be denied, or impaired, but such repeal shall not affect any engagement to which said company may become a party previously thereto.

JOHN TOD, Speaker

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

APPROVED the sixth day of March, one thousand eight hun

dred and twelve.

SIMON SNYDER.

CHAPTER LIX.

An ACT to erect the towns of Waterford and New-Haven, in the county of Lancaster, into a borough.

SECT. I. BE it enacted by the senate and house of represen tatives of the commonwealth of Pennsylvania, in general assembly

ven erected into a bo

met, and it is hereby enacted by the authority of the same, That Waterford the towns of Waterford and New-Haven, in the county of and New-Ha Lancaster, shall be, and the same are hereby erected, into a borough, which shall be called "MARIETTA," whichborough roughshall be comprised within the following boundaries, to wit; Name of. beginning at a post at the river Susquehanna; thence extend- And bounda ing along the line of lands of James Anderson, and the late ries. Samuel Evans, deceased, north, twenty-seven degrees and a quarter, east one hundred and thirty-six perches, to a post; thence along the lands of James Anderson, Anthony Haines, David Cook, and Henry Cassel, north seventy-eight degrees and a quarter, east three hundred and twenty-four perches, to a post; thence down the lands of the said Henry Cassel, south two degrees and three quarters east, one hundred and eight perches to the river Susquehanna aforesaid, at a corner of land of said Henry Cassel and Christian Hershey; thence up the said river on the several courses thereof, three hundred and ninety perches, to the place of beginning.

SECT. II. And be it further enacted by the authority aforesaid, who may That it shall and may be lawful for all persons, entitled to vote vote, &c. for members of the legislature, who have resided in the said borough, twelve months previously to such election, to meet

at the school-house, in the said borough, (or at such other

place as may hereafter be appointed,) on the second Tuesday Annual elecof April, in every year; and then and there elect by ballot, tions. between the hours of twelve and six o'clock of the same day, one reputable freeholder residing therein, who shall be styled "The burgess of said borough," and five reputable freehold- Borough of ers residing therein, who shall be a town council; and shall ficers. also elect as aforesaid, one reputable freeholder, a high constable; but previously to such election, the inhabitants shall

How elections to be conducted.

elect two reputable citizens as judges, one as inspector, and two as clerks of the said election, which shall be regulated and conducted according to the general election law of this commonwealth; so far as relates to receiving and counting votes; and who shall be subject to the same penalties for mal-practices, as by the said law is imposed, and the said judges, inspectors, and clerks, respectively, before they enter upon the duties of their offices, shall take an oath or affirmation, before any justice of the peace, of said county, to perform the same with fidelity; and after the said election shall be closed, shall declare the person having the greatest number of votes, to be Lots to de- duly elected; and in case any two or more candidates shall cide between have an equal number of votes, the preference shall be determined by lot, to be drawn by the judges and inspector; whereupon duplicate returns thereof shall be signed by the said judges, one of which shall be transmitted to each of the persons elected, and the other filed among the records of the corporation; and in case of death, resignation, removal, refusal to accept, or neglect, or refusal to act after acceptance, of any of the said officers, the burgess, or in case of his death, absence, or inability to act, or when he neglects or refuses to act, the first named of the town council, shall issue his precept, directed to the high constable, or when there is no high constable, or where he refuses or neglects to act, then any of the members of the town council, shall advertise and hold an election in manner aforesaid, to supply such vacancy, giving at least ten days notice thereof, by advertisements, set up at four of the most public places in the said borough.

candidates equal in votes.

How returns of elections

to be made. How vacancies are to be supplied.

Burgess and town council to be a body

corporate. Style of.

Powers and privileges.

SECT. III. And be it further enacted by the authority aforesaid, That from and after the second Tuesday in April next, the burgess and town council, duly elected as aforesaid, and their successors, shall be one body, politic and corporate, in law, by the name and style of "The burgess and town council of the borough of Marietta ;" and shall have perpetual succession, and the said burgess and town council aforesaid, and their successors, shall be capable in law, to receive, hold and possess, goods and chattels, lands and tenements, 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 lands, tenements, 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 to use one common seal, and the same from time to time, at their will, to change and alter.

SECT. IV. And be it further enacted by the authority aforesaid, Penalty on That if any person duly elected as aforesaid, burgess, or a officers refusmember of the town council, or constable, and having receiv- ing to serve. ed notice thereof as aforesaid, shall refuse or neglect to take upon himself the execution of the office, to which he shall have been elected, every person so refusing or neglecting, shall forfeit and pay the sum of ten dollars, which fine, and all How approother fines and forfeitures, incurred and made payable in purpriated. suance of this act, or of the by-laws and ordinances of the town council, shall be for the use of the corporation.

&c.

SECT. V. And be it further enacted by the authority aforesaid, Officers to That the burgess and town council, and constable, and each take an oath, offices, shall take an oath or affirmation, before any justice of of them, before entering upon the duties of their respective the peace of said county, to support the constitution of the United States, and of this state, and to perform the duties of their respective offices with fidelity; and the bertificates of such oaths and affirmations shall be filed among the records of the said corporation.

treasurer,and

SECT. VI. And be it further enacted by the authority aforesaid, Of meetings. That it shall and may be lawful for the burgess, and town council aforesaid, to meet as often as occasion may require, and enact such by-laws, and make such rules, regulations, and By-laws. ordinances, as shall be determined by a majority of them, ne- Rules and regulations. cessary to promote the peace, good order, benefit and advantage of the said borough, particularly of providing for the regulation of the market-streets, alleys and highways, therein, and making permanent rules relative to the foundations of buildings, party walls, and fences, they shall have power to as- Taxes. sess, apportion, and appropriate, such taxes as shall be determined by a majority of them, necessary for carrying the said by-laws, rules and regulations into complete effect; and also Town clerk, to appoint a town clerk, treasurer, two persons to act as street road commisand road commissioners, and a clerk of the market, annually, sioners, to be and such other officers as may be deemed necessary from time appointed. to time; Provided, that no by-law, rule or ordinance, of the Proviso. said corporation, shall be repugnant to the constitution or laws of the United States, or of this commonwealth; and that no By-laws to be S weeks pubperson shall be punished for the breach of a by-law or ordi- lished, before nance made as aforesaid, until three weeks have expired after the penalty the promulgation thereof, by at least four advertisements, set can be deup in the most public places in the said borough; And provi- manded. ded also, that no tax shall be laid in any one year, on the valu- Limitation of ation of taxable property, exceeding one quarter of a cent in taxes, the dollar, unless some object of general utility shall be thought necessary, in which case a majority of the freeholders of said borough, by writing under their hands, shall approve of, and certify the same to the town council, who shall proceed to asM

When out

sess the same accordingly; provided always nevertheless, that lots may be all out-lots included within the limits of said borough, shall not be subject to taxation, until they are laid out in town-lots, or built upon.

taxed.

Of the collec

SECT. VII. And be it further enacted by the authority aforesaid, tion of taxes, That the burgess elected and qualified agreeably to this act, fines, &c. is hereby authorized and empowered, to issue his precept as often as occasion may require, directed to the high constable, commanding him to collect all taxes assessed, and fines and forfeitures imposed, by this act, or by the ordinances and reMonies to be gulations of the corporation; and the same to pay over to the paid to the treasurer; and the said burgess is hereby authorized to carry treasurer. into effect, all by-laws, enacted by the council, and whatever Duties of the else shall be enjoined upon him, for the well-ordering and And jurisdic-governing the said borough; he shall have jurisdiction in all disputes between the corporation and individuals, arising unPowers and der the by-laws, regulations and ordinances; and that the duties of the town council shall be a court of appeal, a majority of whom town council. shall be a quorum; and prior to the collection of any borough Notice of the tax, the collector shall inform each inhabitant of the amount amount of tax of his tax, and of the time and place of the appeal; Provided to be given.

burgess.

tion.

Proviso.

Town clerk to attend

meetings, &c.

nevertheless, that said court of appeal shall have no other power as such, than to determine the justness of the apportionment of said tax, and to remedy any grievance that may occur in imposing the same.

SECT. VIII. 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 on business of the corporation, and perform the duty of clerk thereto, and keep and preserve the common seal and records of the corporation, Other duties and be answerable for the same; and 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; and his attestation, with the seal of the corporation, shall be good evidence of the thing or act so certified.

of.

Treasurer to

&c.

SECT. IX. And be it further enacted by the authority aforesaid, give security, That the treasurer shall give security, for the faithful discharge of the duties of his office, and for the safe delivery, into the hands of his successors, of all monies, books, and accounts, appertaining thereto, upon demand being made by the burgess for that purpose.

How the cor

poration accounts to be settled.

SECT. x. And be it further enacted by the authority aforesaid, That the street commissioners, treasurer, constable and clerk of the market, as well as all other officers, who may be appointed by the corporation or council, shall render their accounts to the council, once in every year, for settlement; and the said accounts being adjusted and settled accordingly, shall be forthwith published by the said council, shewing particu