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Proviso.
By-laws.

and good government of said boroughs, for the improving and keeping in order, and lighting and regulating the footways, streets, lanes, and alleys and markets, within said boroughs, and removing nuisances or obstructions therefrom, and the same to annul, alter or make anew, as occasion may require, and also to assess, levy and collect a tax or taxes for the said purposes, and also annually to appoint town clerk, clerks and treasurers, and such other officers as may be deemed necessary for the well ordering and better government of said boroughs, and from time to time fix the compensation of the high constables, and such other officers as they may appoint: Provided, That the said ordinances, rules or regulations, shall not be repugnant to the constitution or laws of the United States or of this Commonwealth: 2d proviso. And provided also, That no tax shall be laid by them in any Limit to rate one year, to exceed one half of a cent in the dollar, on the of taxation. valuation of taxable property taken from the last assessment, unless some object of general utility shall be thought necessary, in which case a majority of the freeholders of said boroughs, by writing, under their hands, shall approve and certify the same to their respective town councils, who shall proceed to assess the same accordingly; and all taxes which may be assessed or laid within the said boroughs, shall, as nearly as the same is practicable, be assessed and collected conformable to the laws for raising county rates and levies.

tuted.

SECT. 14. And be it further enacted by the authority aforeCourts of said, That the burgesses and presidents of the council, or appeal consti- any two of the council, shall constitute courts of appeal in their respective boroughs, and prior to the collection of any borough tax, the collector shall inform each inhabitant whose property is divided by the borough line, of the amount of his or their assessment, and of the time and place of appeal: Provided nevertheless, That the courts of appeal shall have no other power, as such, than to determine the justness of the apportionment of such assessments, and to remedy any grievance that may occur in making the same.

Proviso.
Power

restricted.

General powers of burgesses.

of the town

SECT. 15. And be it further enacted by the authority aforesaid, That the burgesses elected and qualified agreeably to this act, are hereby authorized and empowered to carry into effect all the by-laws and ordinances which may be enacted by their respective councils, and whatever else may be enjoined upon them for the well ordering and governing the said boroughs, and they shall have jurisdiction in all disputes between the corporations and individuals, arising under their respective by-laws, regulations and ordinances.

SECT. 16. And be it further enacted by the authority aforeOf the duties said, That it shall be the duty of the town clerks in their several boroughs, 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

clerks.

seal and records of the corporation, and be answerable for the same, and also for the faithful discharge of all the duties which may be enjoined upon them by virtue of this act, or of the acts of their corporations; and their attestations, with the seal of their respective corporations, shall be good evidence of the thing or act so certified.

SECT. 17. And be it further enacted by the authority afore

said, That the treasurers shall give security for the faithful Treasurers to discharge of the duties of their offices, and for the safe give security. delivery into the hands of their successors of all moneys, books and accounts appertaining thereto, upon demand being made by the burgess of the respective borough for that purpose.

tlement and

SEOT. 18. And be it further enacted by the authority aforesaid, That the street commissioners, treasurers, constables, Annual set. as well as all other officers who may be appointed by the corporations or councils, shall render their accounts to their publication of respective councils once in every year for settlement, and accounts. the said accounts being adjusted and settled accordingly, shall be forthwith published by the said councils, shewing particularly the amount of taxes laid and collected, and of the expenditures in each of the said boroughs.

SECT. 19. And be it further enacted by the authority said, That it shall be the duty of the high constables to give High consta notice of elections by setting up advertisements in at least ble to give six of the most public places in the said boroughs, ten days notice of bo previous thereto, they shall attend and see that the same is rough elections. opened at the time and in the manner directed by this act. SECT. 20. And be it further enacted by the authority aforesaid, That the constables of the townships where the several Superinter boroughs aforesaid are situated, or in case of his or their dence of the death or absence, then any magistrate of their respective provisionat counties shall publish and superintend the first election in elections. each of the said boroughs, to be held on the first Monday of Jaly next, under the regulations herein before directed, and the persons then elected shall hold their respective offices until the ensuing annual election authorized by this act.

1st sect. of act

SECT. 21. And be it further enacted by the authority aforesaid. That from and after the passage of this act, the first section of the act passed on the sixteenth day of March, one of 16th March thousand eight hundred and nineteen, entitled "An act to 1819, repeal'd repeal parts of acts incorporating the towns of Columbia and Strasburg, in the county of Lancaster," be and the same is hereby repealed; and the last proviso in the sixth section of an act entitled "An act to incorporate the town of Columbia in the county of Lancaster," passed the ninth day of March, Proviso in one thousand eight hundred and fourteen, be and the same is hereby re-enacted and revived as fully, to all intents and purposes, as if the same were herein set forth, word for revived. word.

6th section of act of 9th March, 1814,

of Columbia.

SEOT. 22. And be it further enacted by the authority aforeCertain powsaid, That from and after the passage of this act, the chief ers granted burgess, assistant burgess and town council of the borough to burgesses of Columbia, shall have power to assess, on all out lot lands and council of and other property included within the limits of said borough, the borough and not subject to taxation, under the last proviso of the sixth section of the act creating said borough, such taxes as are assessed as road taxes on land of similar rate in the adjoining township, until such time as said out-lot lands shall be laid out into town lots, upon which laying out, they shall become and continue liable to the payment of full borough tax, agreeably with the true intent and meaning of said last mentioned proviso.

Kutztown,
Berks co.

SEOT. 23. And be it further enacted by the authority aforesaid, That from and after the passing of this act, the elections for borough officers, directed by the act or acts for erecting Kutztown, in the county of Berks, into a borough, Place of hold- shall, from and after the first day of April next, be held at ing elections the house owned and now occupied by Charles J. Faber, and changed. the election for constable in and for said borough, shall be held on the third Friday in March, in every year, after the said first day of April next, and shall be subject to the same rules and regulations as is directed in the said act or acts, and that so much of any former act or acts as is hereby altered or supplied, be and the same is hereby repealed.

Of the election of constable.

Corporation of Womels

dorf authori

żed to purchase lands for

ses.

SECT. 24. And be it further enacted by the authority aforesaid, That the borough of Womelsdorf, incorporated by this act, by their corporate style may purchase lands without the boundaries of the same, for the purpose of introducing water into the said borough, and for such other purposes as may be necessary for the welfare and use of the inhabitants thereof, and hold the same in fee simple, to them and their successors, water purpo- or for any less estate therein, and may erect and hold such buildings and appurtenances thereto as the inhabitants thereof may deem necessary for the purposes aforesaid; and further, Supervisors the supervisors and others by their direction, may enter on authorized to any lots and lands near to the public streets, lanes and open drains. alleys of said borough, to cut and open such drains as the town council may, from time to time, order and direct, and any owner of the said land, or others, stopping such drains or preventing the opening of them, shall for every offence be subject to a fine of not less than five nor more than fifteen dollars, to be recovered before the burgess, as other fines are herein provided for.

SECT. 25. And be it further enacted by the authority aforeComm'rs. of said, That from and after the passing of this act, it shall Spring Gar and may be lawful for the commissioners of the district of den district Spring Garden, to erect and build or to cause to be erected build market and built, as the state of improvement and the number and houses, &c. convenience of the inhabitants in the neighborhood shall re

authorized to

quire, market houses along Spring Garden street, in the said district not to exceed in width thirty feet, and also to make such rules and regulations, for the good government of such market houses and of the markets held therein, or in the said street, as to them shall appear necessary and useful, and as shall not be inconsistent with the existing laws of this.Commonwealth; and it shall and may be lawful for the said com: missioners, for the purpose of carrying this law into effect,

March, 1805,

to borrow a sufficient sum of money and for the repayment Authority to of the same and the interest thereon, to demise, lease and borrow molet the stalls, stands or places in the said markets and mar- ney. ket houses and the rent thereof, to receive take and recover. SECT. 26. And be it further enacted by the authority aforesaid, That the act passed the twenty-fifth day of March, eigh. teen hundred and five, entitled "An act vesting in the select Act of 25th and common councils of the city of Philadelphia, the corpo- rel. to Sunday ration of the district of Southwark, and the commissioners markets, of the incorporated part of the Northern Liberties respec- extended to tively, all and every the powers of regulating the markets in Spring Gar said city and districts aforesaid, helden on the first day of den, Ken... the week, commonly called Sunday," be extended to and Moyamen. in force in the districts of Spring Garden, Kensington and sing. Moyamensing, and the commissioners of said districts, shall possess the powers in the said law contained in their respective districts.

sington and

of Callowhill

SECT. 27. And be it further enacted by the authority afore said, That whenever the commissioners of the district of Authority to Spring Garden, shall think proper to widen the pavement of widen paveCallowhill street between John street and Delaware Seventh ment of cerstreet, and between Schuylkill Fourth street and the Ferry tain sections road, that it shall be lawful for the said commissioners to assess the expense of such additional paving, upon the owners of the lots on both sides of the said Callowhill street, between the points above mentioned, and to collect the same from them, agreeably to the provisions of the existing laws upon new paving, in the said district.

street.

SECT. 28. And be it further enacted by the authority aforesaid, That so much of a certain alley laid out for the pur- Vacation of a pose of a common sewer between Twelfth and Thirteenth certain alley streets, in the said district of Spring Garden, as lies between in Spring Callowhill street and Spring Garden street, be and the same is hereby vacated.

Garden.

SECT. 29. And be it further enacted by the authority aforesaid, That the commissioners of Perry county, are hereby Comm'rs, of authorized to settle and adjust the claims of John Harper, Perry co. John Hipple and Josiah Roddy, of the said county, upon such authorized to principles as they may deem just and equitable for keeping settle certain and maintaining insolvent debtors, in the jail of the said county, and issue their warrants or checks on the county, ors." for any balance found due to either of them.

accounts for keeping debt.

Certain roads in Marcus

SECT. 30. And be it further enacted by the authority afore said, That all the roads and streets within the borough of Hook to con- Marcus Hook, heretofore kept in repair by the township of tinue under Lower Chichester, shall continue under the supervision and care of town. be kept in repair by said township.

ship.

Citizens of Bloomfield, Perry co. not disqualified as witnesses.

SECT. 31. And be it further enacted by the authority afore said, That the inhabitants of the borough of Bloomfield, in the county of Perry, or the owners of property therein, shall not on that account be disqualified from being witnesses in any suit in which the said borough is a party or in which it has an interest.

SAM'L. ANDERSON,

Speaker of the House of Representatives.

THO'S. RINGLAND,
Speaker of the Senate.

APPROVED-The eighth day of April, A. D. one thousand eight hundred and thirty-three.

No. 148.

GEO. WOLF.

Hays.

Siggins.

AN ACT

To annul the marriage contract of Thomas Hays and Caroline his wife, and William Siggins and Elizabeth his wife.

SEOT. 1. 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 marriage contract entered into by and between Thomas Hays and Caroline his wife, be and the same is hereby annulled and made void and the parties released and discharged from the same contract, and from all duties and obligations arising therefrom as fully, effectually and ab. solutely as if they had never been joined in marriage.

SECT. 2. And be it further enacted by the authority afore. said, That the bonds of matrimony between William Siggins and Elizabeth his wife, late Elizabeth Dawson, of the county of Venango, are hereby annulled and made void, and the said William and Elizabeth, are mutually and severally divorced from each other.

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APPROVED-The eighth day of April, Anno Domini, eigh

teen hundred and thirty-three.

GEO. WOLF.

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