act, or any of the by-laws or ordinances of the town council, shall be SECTION 6. The burgess shall take and subscribe an oath or affirma- Qualification of tion, before one of the judges of the court of common pleas, or a jus- burgess. tice of the peace of the said county of Franklin, to support the constitution of the United States and of the state of Pennsylvania, and to execute the office of burgess of Orrstown with fidelity; and when so qualified, he shall administer an oath to each of the members of the town council, high constable, town clerk, clerk of the market, (if one shall be appointed,) and such other officers as shall be appointed or elected under this act, or any by-law or ordinance of said borough, before they shall enter upon the duties of their respective offices, which oath or affirmation so taken and subscribed, shall be filed among the records of the corporation. SECTION 7. That from and after the first Saturday in May next, the burgess and town council duly elected, and their successors, shall be one body politic and corporate, by the name and style of the burgess and town council of the borough of Orrstown, and shall have perpetual succession, and shall be capable in law to have, receive, hold and possess goods and chattels, lands and tenements, rents, liberties, jurisdictions, franchises, hereditaments to them and their successors in fee simple, or otherwise, not exceeding the yearly value of five thousand dollars; and also to grant, sell, let and assign the same; and shall be capable in law to sue and be sued, plead and be impleaded in any of the courts of law in this commonwealth, in all manner of actions whatever, and to have and use one common seal, and the same from time to time, at their will, to change and alter. To be a body cor porate. SECTION 8. That the town council shall have power to pass and General powers enact by-laws, rules, regulations and ordinances as they may deem of council. necessary to promote the peace and good order and general welfare of the inhabitants and well being of said borough, and for the purpose of improving and keeping in good order the side walks, streets, lanes, alleys, common grounds or other property whatsoever, that has heretofore been granted to the use of the citizens of Orrstown, or that may hereafter be granted to the use of the corporation, and for removing nuisances and obstructions therefrom, and the same to alter, make, renew or annul, as the occasion may require; and also assess, levy and collect, and appropriate such taxes as shall be necessary to carry their rules and ordinances into effect, which said taxes shall not exceed, in any one year, three mills on the dollar, except by consent of two-thirds of the taxables of the borough, to be certified under their hands to the town council for that purpose. They shall have authority to obtain materials for improving the streets, lanes, alleys and public grounds, and order and direct the manner and ways in which the same shall be improved, repaired and kept in good order. They shall annually appoint a town clerk, treasurer, collector of taxes, clerk of the market when necessary, and such other officers as they may deem expedient, and the same to remove at pleasure. The officers to be appointed by the town council, shall be allowed such compensation as the council may fix and Proviso. Collection of taxes. Proviso. Duty of clerk. 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 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, regulation or ordinance of said corporation, shall be repugnant to the constitution and laws of the United States or of this commonwealth and that no person shall be subjected to any fine or punishment for a violation 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 warrant to the collector as often as occasion may require, commanding him 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 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 Franklin 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 town council, in a separate book for that purpose, and when signed by the president, shall attest the same. 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. He SECTION 11. That it shall be the duty of the treasurer to receive moneys due to the corporation, whether for taxes, fines, donations or Duties of treain any other way, and to pay out of the same on orders of the presi- surer. dent 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 How moneys to by the authority of the council, on orders signed by the president be drawn from thereof, and attested by the clerk. It shall be the duty of the town the treasury. 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. The citizens of the borough of Orrstown shall be exempt from paying road tax in the township of Southampton, and shall not be entitled to vote for supervisors in said township. APPROVED-The sixth day of March, one thousand eight hundred and forty-seven. FRS. R. SHUNK. Tolls. No. 192. A FURTHER SUPPLEMENT To an act, entitled "An Act to incorporate the Little Schuylkill navigation, railroad and coal company.' SECTION 1. Be it enacted by the Senate and House of Representa tives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the Time extended. time fixed by law for extending and completing the railroad of the Little Schuylkill navigation, railroad and coal company, be and the same is hereby extended for the period of five years, from and after the passage of this act, or until the period at which the Luzerne and Schuylkill railroad company, and the Little Schuylkill and Susquehanna railroad company, or either of them, shall be prepared to connect therewith; and the said company is hereby authorized to charge and receive a rate of tolls, not exceeding one and a half cents per ton per mile on coal or other mineral, and two cents per ton per mile on merchandize and other commodities, passing over their road; and that the act, entitled "A supplement to an act incorporating the Little Schuylkill navigation, railroad and coal company," passed the seventh day of April, Anno Domini eighteen hundred and forty-six, be and the same is hereby repealed: Provided, That in times of war, invasion or domestic insurrection, the said company shall carry and transport, or permit to be carried and transported on said railroad, any troops called into service by any competent au thority, their ordnance, munitions and military stores, at one-half the usual charge, for the time being, for carrying and transporting other passengers and freight. Proviso. JAMES COOPER, Speaker of the House of Representatives. CH. GIBBONS, Speaker of the Senate. APPROVED-The eighth day of March, one thousand eight hundred and forty-seven. FRS. R. SHUNK. No. 193. AN ACT To exempt from taxation certain school property of the Society of Friends. 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 real estate now occupied as school houses by said society, one for boys, in Cherry street, between Delaware Eighth and Ninth streets, and one for girls, on St. James street, near Sixth street; and also, a certain lot of ground, with the buildings thereon, occupied as school houses, situate on Delaware Fourth street, south of Chesnut street, all in the city of Philadelphia, bequeathed by William Forrest to the Society of Friends, for poor school and other charitable purposes, be and the same hereby are exempted from payment of taxes for county and municipal purposes, from and after the passage of this act, so long as the same remain the property of the said Society of Friends. JAMES COOPER, Speaker of the House of Representatives. CH. GIBBONS, Speaker of the Senate. APPROVED-The eighth day of March, one thousand eight hundred and forty-seven. FRS. R. SHUNK. No. 194. A SUPPLEMENT To an act, entitled "An Act to incorporate the Preston Retreat, and relative to the sale of lands of St. John's church, in Norristown, Montgomery county, and for other purposes," passed the sixteenth day of June, eighteen hundred and thirty-six. 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 president and managers of the Pittsburg and Allegheny bridge com Pittsburg and Alpany, be and they are hereby authorized to increase the capital stock legheny bridge of said company, from eleven hundred and forty shares, the number company, insubscribed, to sixteen hundred shares, the cost of the bridge; and that crease capital. said president and managers distribute said increased shares among the persons owning the stock heretofore subscribed, rateably in proportion |