fix and agree; but the members of the council, themselves, shall not
receive any compensation for their services as members of the council:
The council may remit any fines or penalties that may be incurred by Fines.
and under this act, or any of the by-laws or ordinances, when in their
judgment it may be proper so to do: Provided, No by-law, rule, regu- Proviso.
lation or ordinance of said corporation, shall be repugnant to the con-
stitution and laws of the United States, or of this commonwealth; and
that no person shall be subjected to any fine or punishment, for a viola-
tion of any by-law or ordinance of said borough, until after six days
shall have expired after the promulgation thereof, by at least four copies
of the same being put up at the most public places within the said
borough, and signed by the president, or president, pro tem., and
attested by the town clerk. It shall be the duty of the burgess to cause
all the by-laws and ordinances of the council, to be carried into effect;
and to do and perform all such other services as may be enjoined on
him by the same.

SECTION 9. That it shall be the duty of the burgess to issue his war- Collection of rant to the collector, as often as occasion may require, commanding him tax. to collect the taxes assessed by the town council, a list or duplicate of which shall be made out and delivered to said collector, and to pay the same to the treasurer; and the collector shall have the power and authority in the collection of said taxes, as the collectors of county rates and levies, and may be proceeded against, in the same manner that the county treasurer, or county commissioners, are authorized by law to proceed against the collectors of county taxes, when they neglect to collect or pay over the amount of their duplicates, according to law: Provided, That the town council may hold appeals, hear any complaint Proviso. in relation to the assessment of the said taxes, and grant relief as may seem best at any time, and also exonerate the collector from the payment of any taxes that may be impracticable to collect; and in all cases of any tax assessed upon any vacant or unseated land in said borough, and the taxes remain unpaid, it shall be lawful for the collector to certify the same to the commissioners of Beaver county, in the same manner as the supervisors of the roads are authorized by law to return road taxes on unseated lands; and the county treasurer shall, in like manner, collect the said taxes, or sell and convey the lot or lots, for the payment of the same, and pay the money into the treasury of the borough, or to whatever it may belong.

SECTION 10. 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 corporate seal, and records of the corporation, and be answerable for the same; and also for the faithful discharge of all the duties that may devolve upon him by this act, or of the acts of the incorporation; he shall keep a fair journal of the proceedings of the town council, in a book to be provided for that purpose; and shall enter all by-laws and ordinances adopted by the council, in a separate book for that purpose, and when signed by the president, shall attest the same; he shall certify copies under the seal of the corporation, which copies of any book, paper, by-laws, ordinance or proceeding of the council, when so certified and attested by the clerk, shall be good evidence of the thing certified; he shall deliver over to his successor, the seal, and all the books, papers, and other things belonging to the corporation; and upon neglect or refusal to do so, upon demand made, he shall forfeit and pay a fine of not less than fifty dollars, and be accountable for all damages sustained by the corporation, to be recovered as like debts and damages are by law recoverable.

Town clerk, du

ties.

Duty of treasurer.

Money how drawn.

Constable.

SECTION 11. That it shall be the duty of the treasurer to receive moneys due to the corporation, whether for taxes, fines, donations, or in any other way, and to pay out of the same, on orders of the president or president, pro tem.; he shall keep fair accounts of his receipts and payments, and settle his accounts with the town council, whenever they shall require the same to be done, and pay over all moneys or balances found in his hands, and deliver to his successor in office, all books, papers and accounts, belonging to the corporation, or pertaining to his official duties, when demanded; for which he shall give bond to the burgess and town council, with sureties thereon as they may require.

SECTION 12. That no moneys shall be drawn from the treasury, but by the authority of the council, on orders signed by the president thereof, and attested by the clerk; it shall be the duty of the town council to settle the accounts of the treasurer, street commissioner, collector of taxes, and of the several officers, annually, and to cause a fair statement, showing the receipts in the treasury, and how the same shall have been expended, to be published by the town clerk, every year, in the manner prescribed by said town council.

SECTION 13. It shall and may be lawful for persons entitled by law to vote for burgess, and other officers of the borough of Frankfort Springs, at the time and place where they vote for borough officers, to elect two respectable citizens of said borough for constables, 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 like manner, with the like powers and authority, and receive like fees, and be subject to such 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 the said 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.

JAMES ROSS SNOWDEN, Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED-The nineteenth day of March, one thousand eight hun

dred and forty-four.

DAVID R. PORTER.

No. 96.

AN ACT

To repeal the act passed eighth of February, 1842, entitled "An Act supplementary to an act, entitled An Act relative to the organization of courts of justice,' passed the fourteenth day of April, Anno Domini one thousand eight hundred and thirty-four."

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 act, entitled "An Act supplementary to an act, entitled 'An Act rel- Former act reative to the organization of courts of justice,' passed the fourteenth day pealed. of April, A. D. one thousand eight hundred and thirty-four." and which supplementary act was passed on the eighth day of February, one thousand eight hundred and forty-two, be and the same is hereby repealed.

SECTION 2. All causes and proceedings now depending and undeter- Supreme court, mined in the supreme court for the Eastern district, removed or brought Middle district, into the same from the county of Lancaster, shall be deemed to be de- causes from Lanpending before the said court in the Middle district, and shall be pro- caster county. ceeded in by the said court in like manner as if they had been originally returned to the said court in the Middle district; and the prothonotary of the supreme court for the Middle district, shall collect and receive all fees which may have accrued in any cause or proceeding, which, by virtue of the repeal of the act aforesaid, shall be removed to the said district, and shall account for and pay the same when received, to the persons respectively entitled thereto.

Returns to Mid

SECTION 3. The judges of the supreme court shall prescribe, by rule
of court, certain days for the return of writs, hereafter to be issued from dle district.
the said court, to the county of Lancaster, which shall be returnable to
the supreme court for the Middle district, in conformity to the provi-
sions of this act; and all writs heretofore issued and not yet returned,
shall be returned at the next term of the said court for the Middle dis-
trict, at such time as the said judges may direct.

JAMES ROSS SNOWDEN,
Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED-The nineteenth day of March, one thousand eight hun

dred and forty-four.

DAVID R. PORTER.

No. 97.

AN ACT

Making an appropriation for the repairs of the canals and railroads belonging to this commonwealth.

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 sum of sixty thousand dollars is hereby specifically appropriated to defray the cost of such repairs as are or may be necessary to be made, on the finished lines of canals and railroads, in order to repair and maintain in good order said works, for the business of the coming spring; and that the said sum of sixty thousand dollars be paid out of any money in the treasury: Provided, That no money shall be drawn from the treasury for repairs on the finished lines of canals and railroads, except as is herein specifically appropriated; and that the sum of two thousand dollars, of which may be expended, to put in passable order the descending navigation on the Franklin line, if the canal commissioners deem it expedient, and shall be of opinion that the said sum of two thousand dollars will be sufficient to repair the two lower dams and locks on said line, so as to be navigable for the descending trade.

JAMES ROSS SNOWDEN, Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED-The nineteenth day of March, one thousand eight hun

dred and forty-four.

DAVID R. PORTER.

No. 98.

AN ACT

Giving out for a term of years, all the public printing and binding of the commonwealth to the lowest bidder, with ample security for performance.

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 on the fourth Tuesday of March, one thousand eight hundred and fortyfour, or as soon thereafter as practicable, and on the fourth Tuesday of Triennial selec- January, of every third year thereafter, the legislature shall meet in convention, and the speakers thereof shall receive proposals for doing

the public printing and binding for the term of three years, from the first day of July then next, at a certain rate per centum below the rates speci- Mode and manfied in the act relating to the public printing and binding, passed twenty- ner. fourth March, one thousand eight hundred and forty-three; and the proposals shall specify the rate per centum on the whole of the rates of said act, taken together, and not a specification of the rate per centum below

Security.

Allotment.

the rate on each item; and the said speakers shall, in presence of said Per cent.
convention, open and publish all the proposals made, and shall proceed
publicly to allot all the printing and binding aforesaid to the lowest bid-
der, who shall forthwith execute to the commonwealth a bond, with at
least two sufficient sureties, in the sum of ten thousand dollars, condi-
tioned for the faithful performance of the work so allotted to him; and
in case the lowest bidder fails so to give bond forthwith, the said
speakers shall allot the same to the next lowest bidder, upon the same
terms as to bond with sureties, of the sufficiency of which the said
speakers shall in all cases judge and approve; and if the next lowest
bidder fails forthwith to give the bond and security required, then said
speakers shall allot the same to the next lowest bidder, on the same
terms in all respects, and so on, shall make allotments as often as neces-
sary, until the same is given to the lowest bidder, according to the true
intent and meaning of this act; and in all cases where any bidder fails
to give the bond and the sureties required, he shall pay to the common-
wealth a penalty of five hundred dollars. to be recovered by action of
debt, under the direction of the state treasurer, for the use of the com.
monwealth Provided, That the proposals for doing the English print-
ing and binding, shall be separate and distinct from the proposals for
doing the German printing and binding; but in both cases the bids shall
specify simply the per centum below the gross rates, according to the
following forms, to wit:

Proviso.

I, A B, propose to do all the English printing and binding in the Form of proposal manner, and in all respects subject to the provisions of the act of twenty- for English printfourth March, one thousand eight hundred and forty-three, for the period ing and binding. of three years, from the first day of July next, at the rate of

per centum below the rates specified in said act; and I herewith tender a bond with A B and C D, and others, forthwith, if necessary and required, as my sureties for performance.

I, A B, propose to do all the German printing and binding, in the Form of proposal manner. and in all respects subject to the provisions of the act of for German printtwenty-fourth March, one thousand eight hundred and forty-three, for ing and binding. the period of three years, from the first day of July next, at the rate

of
per centum below the rates specified in said act; and I here-
with tender a bond with A B and C D, and others, forthwith, if neces-
sary and required, as my sureties for performance.

Which said proposals shall be sealed and endorsed, "proposals for Proposals. the public printing and binding," and shall be directed to the said. speakers, and be delivered to one or both of them, to be opened and announced in the presence of said convention, as aforesaid, and not otherwise Provided, That the legislative printing and binding of the present session, including that of the Pamphlet Laws, shall continue to be done in the English language by Isaac G. M'Kinley, and in the German language by Hutter & Bigler; and the auditor general shall audit their accounts for the printing and binding of the present session, and draw warrants in their favor respectively, agreeably to the provisions of the said act of twenty-fourth March, Anno Domini, one thousand eight