No. 34. AN ACT To erect Mifflintown, in the county of Juniata, into a borough, and for other purposes. SECT. 1. Be it enacted by the Senate and House of Repre sentatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That Mifflintown, in the county of Juniata, shall be Borough and the same is hereby erected into a borough, which shall boundaries. be called the borough of Mifflintown, and shall be bounded and limited as follows, viz: beginning at a post on the berm bank of the Pennsylvania canal; thence along land of John and Jacob Wright, north sixty-two degrees, east seventy-two perches, to a black oak, corner of Bird's land; thence along Bird's line, south five degrees, east one hundred and sixtyone perches, to a post corner of lot of James Currin's heirs; thence along Sunbury road, on the north side, west eighty-eight perches, to a post; thence north eight degrees, west on the east side of the wooden bridge at the end of Front street, in said borough, thirteen perches, to a post; thence south eighty-five degrees, west ten perches, to a post or point of the junction of the Pennsylvania canal and basin, thence up the berm bank of said canal to the place of beginning. thorized. SECT. 2. And be it further enacted by the authority aforesaid, That the inhabitants of the said borough entitled to First election vote for members of the General Assembly, having resided of borough within the said borough at least six months immediately officers aupreceding the election, and within that time paid a borough tax, (if such tax shall have been assessed,) shall have power on the Friday preceding the third Saturday of March next, to meet at the Union school house in the said borough, and annually thereafter, and then and there between the hours of one and six in the afternoon, elect by ballot one reputable citizen residing therein, who shall be styled the chief burgess, one other citizen who shall be styled the assistant burgess, and five citizens to be a town council, all of whom shall be residents of said borough; but previous to the Manner of opening of said election, such of the citizens as are present conducting at the said place of election shall elect three reputable citi. election. zens, one of whom shall preside as judge, one as inspector, and the other discharge the duties of a clerk, according to the general election laws of this Commonwealth, so far as it relates to receiving and counting votes, and shall be subject to the same penalties for mal practices, as by the said election laws are imposed; and the said judge, inspector and clerk, before they enter on the duties of their respective Cases of tie to be decided by lot. Vacancies how filled. Proviso. Officers erected into a body corporate. offices, shall take an oath or affirmation before a justice of the peace in the county of Juniata, or shall swear or affirm each other to perform the same with fidelity, and after the said election shall be closed, shall declare the persons having the greatest number of votes to be duly elected, and in case any two or more candidates shall have an equal number of votes the preference shall be determined by lot, to be drawn by the judge and inspector in the presence of the clerk, whereupon duplicate certificates of said election shall be signed by the said judge, inspector and clerk, one of which shall be transmitted to the person elected chief burgess, and the other filed among the records of 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, resig nation, removal, or refusal to accept of any of the said offices, 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, giving at least five days notice, by six adver tisements set up in the most public places in said borough: Provided, That the citizens of said borough shall be entitled to vote at the first election although they shall have paid no borough tax. SECT. S. And be it further enacted by the authority aforesaid, That from and after the third Friday in March next, the chief burgess, assistant 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 Mifflintown, and shall have perpetual succession, and the said chief burgess, assistant burgess and town coun cil, and their successors, shall be capable in law to have, get, receive, hold and possess, goods and chattels, lands and tenements, in fee simple or otherwise, not exceeding the yearly value of five thousand dollars, and also to grant, sell, let and assign the same goods and chattels, lands and tenements, 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 of this commonwealth, and 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, until otherwise directed by law. SECT. 4. And be it further enacted by the authority aforesaid, That if any person or inhabitant of the said borough, duly qualified to elect as aforesaid, shall be elected to the office of chief burgess, and having notice of his election, shall refuse to undertake and execute that office, every per son so refusing shall forfeit and pay a fine of fifteen dollars, and if any other person, duly qualified as aforesaid, shall be the 或 duly elected or appointed in pursuance of this act to any to pay the same to the treasurer forthwith: Provided, That Proviso. years. duties of the town council. SECT. 5. And be it further enacted by the authority aforesaid, That the town council shall meet on the first of the meetMonday next after their election, in each year, at such place ings, presias a majority of them shall agree upon, and choose one of dent, general their number president, who shall preside at all their meet-powers and ings, and it shall be the duty of the said council, (four of whom shall be a quorum,) to hold quarterly meetings on the third Saturdays in April, July, October and January in each year, and oftener, if occasion requires, at which meetings they may enact, alter, revise, repeal and amend, all such bylaws, rules, regulations and ordinances as shall be determined by a majority of them, necessary to promote the peace, good order, benefit and advantages of the said borough, particularly of providing for the regulation of markets, improving, repairing and keeping in good order the streets, lanes, alleys and highways, ascertaining the depth of vaults, sinks, pits for necessary houses, and making permanent rules relative to the foundation of buildings, party walls and fences, they shall 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, street supervisors, and a collector, annually, and such other officers as may be deemed necessary from time to time, and the same officers from time to time to remove for misdemeanor in office: Provided, That no by-laws, rules or ordinances of Proviso. the corporation, shall be repugnant to the constitution or of the bylaws of the United States, or of this Commonwealth, and laws, &c. that no person shall be punished for the breach of any bylaw or ordinance of the said corporation until ten days have expired after the promulgation thereof, by at least three advertisements or copies of the said by-laws or ordinances General authority to town council. set up in the most public places in the said borough: And Rate of taxa- provided also, That in assessing such tax, due regard shall tion limited. be had to the valuation of taxable property taken for the purpose of raising county rates and levies, so that the tax shall not in any one year exceed one half cent on the dollar of such valuation, unless some object of general utility shall be thought necessary, in which case three fourths of the taxable inhabitants of said borough shall approve and certify the same in writing, under their hands, to the town council, who shall proceed to assess the same accordingly; they shall also have power to make by laws or ordinances to prevent horses, cattle, sheep or hogs from running at large within the limits of said borough, and also to levy and collect a tax on Tax on dogs, the owners of dogs and bitches, not exceeding fifty cents for each dog, or two dollars for each bitch, in any one year, and in case public safety should require it at any time, to pass an ordinance authorizing any person to shoot or kill all all dogs or bitches within the said borough not confined by their owners: And provided further, That before the chief burgess, assistant burgess, members of town council, and high constable, shall enter on the duties of their respective offices, they 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 perform the duties of their respective offices, with fidelity, which certificates of said oaths and affirmations shall be filed among the records of the said corporation. 3d proviso. Oaths of office. Duties of the burgesses. Of the town clerk. SECT. 6. And be it further enacted by the authority afore. said, That the chief burgess elected and qualified agreeably to this act, or in his absence or inability 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 chief burgess, or in his absence or inability to act, the assistant burgess is hereby authorized and required to carry into effect all by-laws and ordinances enacted by the town council, and whatever else shall be enjoined on him or them for the well ordering and govern. ing said borough. SECT. 7. 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 business of clerk thereto, and keep and preserve the common seal and records of the corporation, and be answerable for the same, and also for the faithful discharge of the duties which may be enjoined upon him by virtue of this act, or by the by-laws and ordinances of the corporation, and his attestation, with the seal of the corporation, shall be good evidence of the act or thing so certified. 1 SECT. 8. And be it further enacted by the authority aforesaid, That the treasurer shall give sufficient security of the treafor the faithful discharge of the duties of his office, and for surer. the delivery of all moneys, books and accounts appertaining thereto into the hands of his successor, upon demand made for that purpose. SECT. 9. And be it further enacted by the authority afore accounts. said, That the street supervisors, treasurer, high constable, Annual adcollector and all other officers that may be appointed by justment & the corporation or council, shall, in the month of February, publication of yearly, render their accounts to the said council for settlement, and the said accounts being so adjusted and settled, shall be forthwith published by the council, shewing particularly the amount of taxes laid and collected, and all moneys paid into the treasury, and the amount of expenditures, and in case any of the officers of the corporation shall fail or neglect to perform any duty enjoined upon him by this act, or by the ordinances of the town council, he shall forfeit and pay a fine for the use of the said corporation, at Penalty for the discretion of the said council, not exceeding five dollars, failure to perform duties; and if the said person has been appointed by the coun vacancies in cil, he may be removed from office by the said council, and his place be supplied by the appointment of another per son. office, &c. elections. of constable authorized. SECT. 10. And be it further enacted by the authority aforesaid, That it shall be the duty of the high constable to give High consta notice of the election by setting up advertisements in at ble to give least three public places in the said borough, five days pre- notice, &c. of viously thereto, and shall attend and see that the same is opened at the time and in the manner directed by this act. SECT. 11. And be it further enacted by the authority aforesaid, That it shall and may be lawful for all persons entitled Election and by law to vote for burgesses and other officers of the borough appointment of Mifflintown, at the same time and place where they vote for said officers, to elect two reputable citizens of the said borough, and return the names of the persons so elected to the next court of Quarter Sessions of the said county, one of whom shall be appointed constable of said borough, in the same manner, with like power and authority, and receive like fees, and be subject to the same regulations and penalties as are provided and contained in the laws now existing, or that may hereafter be passed concerning constables within this commonwealth, and shall serve and execute all manner of process which may by law be directed to the constable of said borough, and the constable so appointed shall do and perform all the duties required to be done by the high constable of said borough in pursuance of this act and of the by-laws and ordinances of said borough. SECT. 12. And be it further enacted by the authority aforesaid, That the chief burgess, assistant burgess, and presi |