liabilities. Style of aforesaid, and their successors, forever, shall be one body corporation. politic and corporate in law, by the name of "The burgess and town council of the borough of M'Veytown," and shall have perpetual succession; and the said burgess and town council aforesaid, and their successors, forever, shall be capable in law to have, get, receive, hold and possess lands, Privileges & tenements, rents, liberties, jurisdiction, franchises and hereditaments, to them and their successors, in fee simple or otherwise, all goods, chattels and other things of what nature and kind soever, not exceeding the yearly value of one thousand dollars, and also to have, grant, let, sell and assign the same lands, tenements, hereditaments, rents, goods and chattels; and by the name aforesaid, they shall be capable in law to sue and be sued, plead and be impleaded in any of the courts of 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. 20. And be it further enacted by the authority aforesaid, That if any person duly elected as aforesaid, having $10 ponalty on refusal to been notified in writing, which notice it shall be the duty of accept office. the clerk of the election to give, within three days after the same, shall refuse or neglect to take upon him the duties of the office to which he shall have been elected, every person so refusing or neglecting, shall forfeit and pay ten dollars. which said sum, and all fines and forfeitures incurred and made payable in pursuance of this act, or by the by-laws and Recovery and ordinances of the burgess and town council, shall be for the appropriation use of the said corporation, to be recovered as debts of equal amount are or may be by law recoverable, but no person shall be compelled to serve more than one in any term of three Oaths of borough officers. General pow ers of the burgess and council. years. SECT. 21. And be it further enacted by the authority aforesaid, That the burgess and town council, and each of them shall take an oath or affirmation before any judge or justice of the peace of the said county, to support the constitution of the United States and of this state, and well and truly to execute the duties of their respective offices, in the borough of McVeytown, and the certificate of such oath or affirmation shall be recorded in the books of the said corporation. SECT. 22. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the burgess and town council to meet as often as occasion may require, and enact such by laws, and make such rules, ordinances and regulations, assess, apportion, and appropriate such taxes as shall be determined by a majority of them, necessary to promote the peace, good order, benefit or advantage of said borough, and also to appoint a town clerk, and such other of ficers as may be deemed necessary by the said burgess and town council, but no by-law, rule, or ordinance, enacted as aforesaid, shall be repugnant to the constitution and laws of the United States or of this state, and no person shall be punished for a breach of any by law or ordinance, enacted for the regulation of the said borough of McVeytown, unless a true copy thereof be set up at three of the most public places in said borough, and no by-law or ordinance shall be carried into operation in less than two weeks after such publication: Provided nevertheless, That no tax shall be laid in any one year on the valuation of taxable property, exceeding one cent on the dollar, who shall proceed to assess the same as aforesaid. Proviso. taxes. SECT. 23. And be it further enacted by the authority aforesaid, That the burgess elected agreeably to this act is hereby Constable of authorized and empowered to issue his precept, directed to Wayne townthe constable of Wayne township, commanding him to collect ship to collect all taxes assessed from time to time as aforesaid, and all fines and forfeitures that may become due by virtue of this act, or by the ordinances or regulations of the corporation, and the same to pay over to the treasurer, to be appointed by the said burgess and town council. and to carry into effect whatsoever is enjoined on him for the well ordering and governing the said borough. SECT. 24. And be it further enacted by the authority aforesaid, That the burgess shall be and he is hereby required to Duties of the cause the by-laws, rules, ordinances and regulations, made burgess as aforesaid, to be recorded in a book to be kept for that purpose,' ,'and shall carry the same into full execution without delay after the publication thereof, as directed by this act, and it shall be the duty of the town clerk to attend all meetings of burgess and town council, when assembled on busi--Of the ness of the corporation, and perform the duty of clerk there- town clerk. to, and keep and preserve the common seal, records, papers, and other documents relating to the said corporation, and in default he shall be answerable to any person concerned, for all damages, and may be removed from oflice by the burgess, on compliant of a majority of the council: Provided always, Proviso. That if any person or persons shall think him or themselves Right of apaggrieved by any thing done in pursuance of this act, he, peal to pershe, or they may appeal to the next court of Quarter Sessions, sons aggriev to be held for the proper county, on giving security according to law, to prosecute his, her, or their appeal with effect, which court shall take such order therein as shall be just and reasonable, which order of judginent shall be conclusive against all parties. ed. SECT. 25. And be it further enacted by the authority aforesded, That it shall be the duty of the town clerk, and all Annual stateofficers appointed by the burgess and town council, to render ment, settletheir accounts to the said burgess and council once year, which being settled and adjusted by the said burgess and council, shall be published, shewing particularly the in every ment and publication of accounts, Presiding officer of amount of taxes levied, fines collected, and of all receipts and expenditures which have been made. SECT. 26. And be it further enacted by the authority aforesaid, That in all meetings held under this law, or the by-laws enacted in pursuance of the same, it shall be the town council. duty of the burgess to preside, or in his absence, the member who may be then present of the town council first named in the return of the election; and it shall be the duty of the officers of the election, to name in their return the persons who may be elected according to the number of votes which Of returns of each may have, placing first in the return the name of the person who has the greatest number of votes, and so on; and if any of the persons elected shall have an equal number of votes, then the officers of the election shall decide by lot which of them shall be first named. clections. absence of burgess. SECT. 27. And be it further enacted by the authority aforeProvision for said, That in the absence from the borough or inability of the burgess, it shall be the duty of the first named of the town council who may be present, to perform the duties which are enjoined on the burgess by this act, or which may be enjoined by the by-laws which may be passed in pursuance of the same. SEOT. 28. And be it further enacted by the authority aforeQuorum of said, That in any meeting of the burgess and town council, it shall require at least four to form a quorum to transact business. council. SECT. 29. And be it further enacted by the authority aforeConnexion of said, That in the general or electoral elections, the citizens borough with of the said borough shall not be separated from the citizens Wayne town- of Wayne township, nor in any manner preparatory thereto, but shall remain connected with said township as they have heretofore, and also in support of the poor in said township and borough. ship. of Harris burg author ized to borrow $15,000. SECT. 30. And be it further enacted by the authority aforeTown council said, That the town council of the borough of Harrisburg in council assembled, shall have full power and authority by ordinance or resolution, to borrow for the use of the said borough, any sum or sums of money not exceeding fifteen thousand dollars, and to levy taxes for the re-payment of all loans already made, and that hereafter may be made for the use of the said borough, for the re-payment of which the faith of the said borough now is or hereafter may be pledged. SAM'L. ANDERSON, Speaker of the House of Representatives. THO'S. RINGLAND, Speaker of the Senate. APPROVED-The ninth day of April, Anno Domini, eigh teen hundred and thirty-three. GEO. WOLF. No. 168. A SUPPLEMENT To an act entitled “An act to enable the Governor to incorporate a company for making an artificial road from the Spring House tavern, in Montgomery county, and thence to the borough of Northampton, in the county of Lehigh, and to the town of Bethlehem, in the county of Northampton, and for other purposes. WHEREAS, by the twelfth section of an act entitled an act for the improvement of the state, passed on the twenty-sixth of March, one thousand eight hundred and twenty-one, the Governor is authorized and required to subscribe in behalf of the Commonwealth, for three hundred additional shares of the stock of the Spring House, Northampton and Bethle hem turnpike road company, and to draw his warrant on the State Treasurer, in favor of the president and managers of the said company, on certain conditions recited in the said twelfth section of the act aforesaid: And whereas, The said president and managers, owing to the embarrassed situation of their funds, have been unable to comply with the conditions required of them by the said act, nor have they any reasonable hope of being in a better situation: Therefore, Preamble. thorized to SECT. 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 Governor be and he is hereby authorized Governor auand required to subscribe, in behalf of the Commonwealth, subscribe for three hundred additional shares of the stock of the Spring 300 shares of House, Northampton and Bethlehem turnpike road company, stock. and it shall be the duty of the Governor to draw his warrant on the State Treasurer, in favor of the president and managers of the said company, for fifteen thousand dollars, as How and soon as they shall complete not less than two and an half when paid. miles or more, in addition to what is now completed of said road. SECT. 2. And be it further enacted by the authority afore. said, That so soon as the said company shall have perfected Gov. to apthe said two and an half or more miles of said road, they point viewers shall give notice thereof to the Governor, who shall there- upon comple upon forthwith nominate and appoint three disinterested tion of 24 persons to view and examine the same, and report to him in miles. writing whether the said road is so far executed in a masterly and workmanlike manner, according to the true intent and meaning of the act to which this is a supplement; and if their report shall in either case be in the affirmative, then Issue of li toll. the Governor shall by license, under his hand and the lesser cense to take seal of the Commonwealth, permit and suffer the said president, managers and company to erect and fix so many gates and turnpikes, upon and across the said road, as will be necessary and sufficient to collect tolls and duties, at the same rates, in proportion to the distance, as is provided for in the act to which this is a supplement. Repeal of part of original law here by altered. out a state road from Centreville. SECT. 3. And be it further enacted by the authority aforesaid, That so much of the act for the improvement of the state, passed the twenty-sixth of March, one thousand eight hundred and twenty-one, as relates to the twelfth section of the said act, to authorize the Governor to subscribe on behalfTM of the Commonwealth, for three hundred additional shares of the stock of the Spring House, Northampton and Bethlehem turnpike road company, be. and the same is hereby repealed. SECT. 4. And be it further enacted by the authority aforesaid, That James Banks and Jacob Stoner, of Mercer county, Comm'rs apand David McJunkin, of Butler county, are hereby appointpointed to lay ed commissioners to lay out by courses and distances, a state road, beginning at the borough of New Castle, and thence New Castle to through Harlingsburg to Centreville, and the said commissioners, or a majority of them, after taking an oath or affirmation before some justice of the peace to perform the duties enjoined on them by this act with fidelity, to carefully view the ground on which said road may pass, and lay out the same as near a straight line, between the aforesaid different points, as the nature of the ground and other important circumstances will permit, so that the vertical departure from a horizontal line, shall at no point exceed five degrees, excepting only at crossing ravines and streams, where by moderate filling and bridging the declination of the road may be preserved within that limit, and it shall be the duty of the said commissioners, or a majority of them, in choosing the ground, to have due regard to the crossing of waters; to the declination and nature of the ground; to the expense, and to all other circumstances affecting the route, so that by a judicious and skilful combination of them the route finally adopted may best promote the public good. Their duties particular. ized. appoint as sistants. SECT. 5. And be it further enacted by the authority aforeAuthority to said, That it shall be the duty of the commissioners plainly and distinctly to mark upon the ground the route agreed upon for the road as aforesaid, in such manner as to enable the supervisors readily to find the same, and for the purpose of fulfilling the duties in this act enjoined, the commissioners are hereby authorized to employ a surveyor, two chain bearers, and one axe-man, and it shall be the duty of the said commissioners to make out a fair and accurate draft of the location of the said road, noting thereon the courses and distances from point to point as they occur, the improvements passed through, and also the crossing of township and county lines, roads and Draughts of location. |