Streets, &c. Collection of taxes. Clerk. Treasurer. the burgess and council shall have a right to increase the amount to a sum not exceeding three hundred dollars, excepting, however, that in all cases of general utility the burgess shall have a right to call a public meeting, after not less than five days notice shall have been given by written or printed advertisements, stating the object of the call of said meeting, put up in not less than five of the most public places in said borough; and if two-thirds of the citizens present at said meeting shall agree to raise an additional tax for such purpose, then the said burgess and town council shall proceed to levy and assess such additional tax, and cause the same to be collected and paid over to the borough treasurer, in the same way and manner as is provided for by this act; all property, officers, professions and persons, made taxable by the laws of this commonwealth for county rates and levies, shall be taxable after the same manner by the said borough; and all taxes, rates, and levies, rated and levied therein, shall be recovered in the same manner as the county rates and levies in the county of Northampton are by law recoverable. SECTION 9. It shall be the duty of the supervisor, or supervisors, to open the streets, repair the same, and also the lanes and alleys in said borough, and to erect and repair the bridges and causeways in the same, under the direction and supervision of the said burgess and town council, excepting such alleys and bridges as are or shall be considered private property, and used as such. SECTION 10. The burgess elected as aforesaid, or in case of his absence, inability or refusal to act, the first named in the list of council is hereby authorized and empowered to issue his precept as often as occasion may require, directed to the high constable, (who shall be appointed annually by the council,) or in case of his inability to act, to some other fit person, commanding him to collect all taxes assessed in pursuance of this act, and the same to pay over to the treasurer; and the said burgess shall carry into effect whatsoever is enjoined upon him by the aforesaid rules and ordinances, for the well ordering and government of the said borough; he shall have power to remit fines and forfeitures in cases when it shall appear that the person or persons so fined, did not intentionally offend, or on their having some other just and reasonable excuse, which excuse shall be satisfactorily proved to the said burgess, the fees for collecting such taxes to be fixed by the council. SECTION 11. It shall be the duty of the town clerk to attend all sessions of the burgess and town council, when assembled on business of the corporation, and keep and procure the common seal and records of the corporation, and be answerable for the same, and also for the faithful discharge of all the duties that may be enjoined on him by virtue of this act and the acts of the corporation; and attestation of the said town clerk, with the seal of the corporation, shall, in all cases be good evidence of the act or thing so certified. SECTION 12. The treasurer shall give sufficient security for the faithful discharge of the duties of his office, and for the safe delivery of all books, papers and accounts appertaining thereto, and all money remaining in his hands into the hands of his successor, upon demand made for that purpose; and the high constable shall give sufficient security for the faithful discharge of the duties of his office, and the payment to the treasurer of all moneys he shall or may collect by virtue of his office, and for his services the said high constable shall be allowed such fees and compensation as are by law allowed to township constables for similar services, to be paid and collected in such manner as is by law provided in case of the township constable aforesaid: Provided, That this shall not be so construed as to prevent the said burgess and coun cil from allowing a reasonable compensation for his services, to be paid out of the treasury of the corporation. SECTION 13. It shall be the duty of the high constable to give at High constable. least ten days previous notice thereto of the annual elections of said borough, by at least four advertisements set up at four of the most public places therein; and he shall attend and see that the election is opened at the time and in the manner directed by law. The burgess and town council shall from time to time affix the salaries of the town clerk, treasurer, and such other officers as may be appointed under this act, which compensation shall be paid out of the borough treasury by orders drawn thereon by the burgess, or in any other manner as the burgess and council shall direct. SECTION 14. No money shall be drawn from the treasury except by Money. authority of the council, on orders drawn by the burgess, and attested by the town clerk. It shall be the duty of the burgess and town council to settle the accounts of the several officers, and cause a fair statement to be made every year in the month of February, a copy of which shall be left with the burgess for public inspection by the citizens of the borough, having however first been approved by the auditors. SECTION 15. The burgess, treasurer, and first named on the list of Appeal. council, shall constitute a court of appeal; and prior to the collection of any borough tax, the high constable shall inform each of the inhabitants of the amount of his tax, and of the time and place of appeal : Provided nevertheless, That the said court of appeal shall have no Proviso. other power as such, than to determine the justness of the apportionment of said tax, conformable to the county rates and levies, and to correct any mistake in that respect. SECTION 16. If any person shall think him, her, or themselves Grievances. aggrieved by anything done in pursuance of this act, except what relates to the imposing and collecting of the borough tax, and the appointments made by the burgess and town council, he, she, or they may appeal to the next court of common pleas to be held in 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 thereon as to them shall seem just and reasonable, the same shall be conclusive. SECTION 17. From and after the passage of this act, the citizens of Road tax. the borough of Bethlehem shall be exempted from paying road tax to the township of Bethlehem, for any real estate and premises situated and lying in said borough. SECTION 18. The inhabitants of said borough shall eiect one assessor Assessors. and one assistant assessor of the county rates for said borough, and such other officers as may be by law required, at such time, under like regulations, and for the same purposes as are or shall be hereafter directed by law in the several townships within this commonwealth; and the assessor and the assistant assessor so elected shall have, use and exercise all and every the powers, rights and privileges, perform all and every the same duties, and be subject to the same penalties, within the said borough respectively, which are or shall be suffered by or imposed upon like officers of the several townships of this commonwealth. SECTION 19. From and after the passage of this act the citizens and Separate from property in the borough of Bethlehem, shall be and remain distinct and Bethlehem townseparate from the township of Bethlehem, in the assessment and collec- ship. tion of all state and county taxes, rates and levies. SECTION 20. No misnomer or failure of the election of officers on Misnomer. the day appointed, shall dissolve or discontinue the said corporation, but the officers respectively for the time being, shall continue in office till a new election shall be made as is hereinbefore directed. FINDLEY PATTERSON, Speaker of the House of Representatives. WILLIAM P. WILCOX, Speaker of the Senate. APPROVED-The sixth day of March, one thousand eight hundred and forty-five. FRS. R. SHUNK. No. 79. A SUPPLEMENT To "An Act to incorporate the Woodland Cemetery company of Philadelphia.” SECTION 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 Woodland Cemetery company may add, not exceeding five acres, to their present burial grounds, and two to their number of managers, making nine managers. FINDLEY PATTERSON, Speaker of the House of Representatives. Speaker of the Senate. APPROVED-The sixth day of March, one thousand eight hundred and forty-five. FRS. R. SHUNK. No. 80. AN ACT Changing and amending the eighteenth section of an act passed the twenty-first April, one thousand eight hundred and forty-one, and substituting the name of John Cresswell, of the borough of Huntingdon, instead of "the collector of tolls on the Juniata division of the Pennsylvania canal at Huntingdon," in the said eighteenth section of said act, passed twenty-first of April, one thousand eight hundred and forty-one. SECTION 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 eighteenth section of the act to compel the supervisor of the unincorporated district of the Northern Liberties, in the county of Philadelphia, to give security, and for other purposes, passed the twenty-first day of April, one thousand eight hundred and forty-one, be and the same is hereby so altered and amended as to substitute the name of John Cresswell, of the borough of Huntingdon, instead of the collector of tolls of the Juniata division of the Pennsylvania canal, at Huntingdon," and that the said John Cresswell shall have full power to do, perform and transact all the duties required to be done by the said collector, in the eighteenth section of the act aforesaid. FINDLEY PATTERSON, Speaker of the House of Representatives. WILLIAM P. WILCOX, Speaker of the Senate. APPROVED-The sixth day of March, one thousand eight hundred and forty-five. FRS. R. SHUNK. No. 81. AN ACT To annul the marriage contract between Mathias C. Ely and Emeline, his wife. SECTION 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 between the said Mathias C. Ely and Emeline, his wife, be and the same is hereby declared null and void, and the parties discharged from all the obligations and liabilities growing out of the same, as fully and absolutely as if they had never been joined in marriage. FINDLEY PATTERSON, Speaker of the House of Representatives. WILLIAM P. WILCOX, Speaker of the Senate. APPROVED-The sixth day of March, one thousand eight hundred and forty-five. FRS. R. SHUNK. Proviso. No. 82. AN ACT To authorize the executors of Grizzle Pedan, deceased, to sell and convey certain real estate. SECTION 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 executors of Grizzle Pedan, late of Adams county, deceased, or the survivor of them, are hereby authorized to sell and convey the real estate of which the said Grizzle Pedan died seized, consisting of a house and lot situate in "Cooper's Addition," in the borough of Gettysburg, either at public or private sale, as shall be by them deemed best: Provided, That the executors aforesaid, or the survivor of them, before making sale of the said real estate, give bond and security, as administrators are by law required to do on making application for an order of sale of the real estate of their decedent; such bond to be approved by the orphans' court of said county, and be conditioned for the faithful application of the moneys arising from such sales to the persons entitled to receive the same. FINDLEY PATTERSON, Speaker of the House of Representatives. WILLIAM P. WILCOX, Speaker of the Senate. APPROVED-The sixth day of March, one thousand eight hundred and forty-five. FRS. R. SHUNK. |