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Assess and collect taxes.

Powers of burgess, &c.

Further powers.

sum so authorized shall be assessed and collected in the usual manner; Provided, The whole amount of tax shall not exceed sixty cents on the one hundred dollars in any one year.

SECTION 9. That it shall be lawful for the said town council to assess and collect a tax on single freemen and inmates, residents in said borough, to be rated according to the provisions of the act to raise and collect county rates and levies; and the said town council shall further have the power and authority to assess and collect on each and every dog and bitch, a tax to an amount not exceeding one dollar for each head, as they may deem expedient and proper for the use of the corporation.

SECTION 10. That the burgess, or in case of his absence, neglect, refusal or inability to act, the town council is hereby authorized and empowered to issue his or their precept, as often as occasion may require, directed to the collector or high constable, as the case may be, commanding him to collect all taxes assessed, and fines and forfeitures imposed by this act, or by the ordinances or regulations of the corporation. and the same to pay over to the treasurer; and the burgess is hereby authorized to carry into effect all by-laws enacted by the council, and whatever else shall be enjoined upon him for the well ordering and gov. erning the said borough: he shall have jurisdiction in all disputes between the corporation and individuals arising under the by-laws, regulations and ordinances.

SECTION 11. That the burgess for the time being shall take cognizance, and have all the power, jurisdiction and authority of justices of the peace within said borough, for the suppression of riots, tumults, and disorderly meetings, for the punishment of vagrants and disorderly persons, as well as in all criminal cases, and in all cases of violations of the provisions of this corporation act, or of the supplements which may hereafter be appended to the same, or of the ordinances of said borough, and shall be entitled to the same fees for like services, as justices of the peace are by law entitled to receive; and all attestations made by the burgess with the seal of the corporation, shall be good evidence of the act or thing certified; and for the affixing of the seal to any instrument other than borough purposes, he shall receive fifty cents, and his warrant, capias or summons, directed to the constable or constables, may be delivered to execute the same at any place within the county of Chester.

SECTION 12. That the burgess and town council shall have power to Lock-up house. provide or erect a suitable building in said borough, to be used as a lock-up house, or place of security, for the temporary detention of persons committed by the justice of the peace or burgess, for any violation of the laws of this commonwealth, for which such person or persons could be lawfully committed to the common prison, there to remain and be kept until such offender can be conveniently conveyed to the county prison, or until discharged according to law: Provided, That no person committed shall be confined in said house for a longer period than twenty-four hours at any one time.

Proviso.

In case of failure to elect borough officers, &c.

SECTION 13. That in case of neglect, or failure to elect borough officers under the provisions of the act of incorporation, at any time on the day appointed by law, it shall be the duty of the burgess, or the town council, to give at least ten days' public notice by twelve or more handbills, put up at the most public places in said borough, for an elec

tion to be held at any time within one month next after the day appointed by the aforesaid act; and that the officers of the preceding year shall continue to exercise their duties until said election shall be held, and the officers duly elected and qualified.

SECTION 14. That the burgess and the town council, or any three of Court of appeal. them, shall constitute a court of appeal, and prior to the collection of any borough tax, they shall appoint a day for the hearing of appeals, of which and of the amount of his or her tax, and the place where the appeal will be held, the collector shall notify each taxable, by a written Dotice in the usual manner, at least ten days before the day of appeal : Provided nevertheless, That the said court of appeal shall have no Proviso. other power than to determine the justness of the apportionment of the said tax, and to remedy any grievance that may occur in imposing the same; and when the said tax shall have been properly adjusted, it shall collected as aforesaid.

SECTION 15. That it shall be the duty of the town clerk to attend all Town clerk, the meetings of the town council, when assembled upon business of duty of. the corporation, and perform the duty of clerk thereto, and keep and preserve the common seal and records of the corporation, and be accountable for the same, and also for the faithful discharge of all duties which may be enjoined upon him by virtue of this act, or the acts of he corporation; and his attestation, with the seal of the corporation, be good evidence of the thing or act so certified.

SECTION 16. That the treasurer shall give security for the faithful Treasurer to give discharge of the duties of his office, and for the safe delivery into the security.

hands of his successors, all moneys, books, accounts appertaining

thereto, upon demand being made by the burgess or town council for

that purpose.

SECTION 17. That the street commissioners, treasurer, constables and Accounts.
cerk of the market, as well as other officers who may be appointed by
de corporation or council, shall render their accounts to the council
ence in every year for settlement; and the said accounts being adjusted
and settled accordingly, shall be forthwith published by the said coun-
shewing particularly the amount of taxes laid and collected, and of
te expenditures.

SECTION 18. That any person who may be appointed collector, and Collector refusing
refuses or neglects to perform the duties of said office, shall forfeit and to act, shall for-
pay to the treasurer of said borough a sum not exceeding ten dollars, feit, &c.
to be recovered for the use of said borough.

SECTION 19. That it shall be the duty of the high constable to give Notice of elecnotice of the elections, by setting up advertisements in at least twelve tions. of the most public places in said borough, ten days previously thereto :

be shall attend and see that the same is opened at the time and in the

ner directed by this act: Provided, That major M'Veigh, Jacob Proviso. Baugh and James Fry, of the said town, or either of them, shall publish and superintend the election to be held on the first Friday in March next, as is hereinbefore directed.

districts.

SECTION 20. That the said borough shall be a separate election distriel, and the electors thereof shall hold their borough and general elec- Separate election tions at the Phoenixville hotel, in said borough, or such other places as ay be hereafter appointed.

SECTION 21. That if any person or persons shall think him, her, or Persons agthemselves aggrieved by any thing done in pursuance of this act, he, grieved may apste, or they may appeal to the next court of quarter sessions to be held peal, &c. for the proper county, upon giving security according to law, to prose

cute his, her, or their appeal with effect, and the court having tal such order therein as shall seem to them just and reasonable.

WILLIAM F. PACKER,

Speaker of the House of Representatives

GEORGE DARSIE,

Speaker of the Senate

APPROVED-The sixth day of March, Anno Domini one thousand ei

hundred and forty-nine.

WM. F. JOHNSTON.

Ordinances.

Certain streets, lanes and alleys declared highways.

Regulator.

Power of.

No. 105.

AN ACT

For the better regulation of the streets and alleys of the borough of Schuyl
Haven.

SECTION 1. Be it enacted by the Senate and House of Represent tives of the Commonwealth of Pennsylvania in General Assemb met, and it is hereby enacted by the authority of the same, Th the burgess and council of the borough of Schuylkill Haven are here authorized to make all ordinances which they shall judge useful or n cessary, for the forming and laying with broken stone, or graveling a of the streets or alleys within the said borough, which shall at any tin by them be judged necessary to be paved; and when so formed and la with stones, gravel, or hard substance, the owners of the several lo which are bounded upon or adjoining any such street or alley, shall obliged to form, shape, and lay with brick or stone the respective foo ways opposite to their several lots, in such manner, at such times, an under such penalties, as shall be directed by said ordinances.

SECTION 2. That the streets, lanes and alleys within the said bo ough, heretofore opened for and dedicated to public use by private pe sons, and all streets, lanes and alleys, which have been directed an laid out for the accommodation of the purchasers of the lots within th said borough, so far as the same are laid out, shall be considered an deemed highways, as fully to all intents and purposes, as the highway laid out by order of the court of quarter sessions of any county withi this State.

SECTION 3. That no person or persons whatsoever shall, from an after the first day of May next, lay the foundation for any building party wall within the said borough, before they have applied to th surveyor or regulator, to be appointed by the burgess and council of th said borough, who are hereby empowered to appoint one discreet an sufficient person as such surveyor or regulator.

SECTION 4. That the said surveyor or regulator, upon application to him made, shall have full power and authority to enter upon the land of any person or persons, in order to set out the foundations, and regu

late the walls to be built between parties, as to breadth or thickness thereof; which foundation shall be laid equally upon the lands of the persons between whom such party wall is to be made; and the first builder shall be re-imbursed one-half of the expense of such wall, (or f for so much thereof as the next builder shall have occasion to make use of,) before such next builder shall any way use or break into the said wall.

SECTION 5. That the parties concerned in such foundation, or erect- Pay of surveyor ing such party wall, shall pay to the said surveyor or regulator, the or regulator. sum of one dollar each.

WILLIAM F. PACKER,

Speaker of the House of Representatives.

GEORGE DARSIE,

Speaker of the Senate.

APPROVED-The sixth day of March, one thousand eight hundred and

forty-nine.

WM. F. JOHNSTON.

106.

A SUPPLEMENT

To the act, entitled "An Act to diminish the number of justices of the peace and supervisors in the township of South Coventry, Chester county," passed the eighth day of March, one thousand eight hundred and forty-seven.

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 from and after the passage of this act, the provisions of the act, entitled "An Act to diminish the number of justices of the peace and supervisors in the township of South Coventry, Chester county," passed the eighth day of March, one thousand eight hundred and forty seven, be and the same are hereby extended to the township of North Coventry, in said county, so far as relates to the supervisors thereof.

WILLIAM F. PACKER,

Speaker of the House of Representatives.

GEORGE DARSIE,
Speaker of the Senate.

APPROVED-The sixth day of March, one thousand eight hundred

and forty-nine.

WM. F. JOHNSTON.

Corporators.

Name.

Privileges.

Certificates of stock. Transferable.

Proviso.

Organization.

Directors.

No. 107.

AN ACT

To incorporate the Swatara company.

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 Jacob Mayland, Thomas Adams, Isaac Starr, James W. Paul, William Smith, William S. Vaux, Ann Graff, Charles Dutith, Charles Graff, William Eckert, Elizabeth Mifflin, Charles Mifflin, and their successors, be and they are hereby incorporated and made a body politic and corporate, in fact and in name, by the name of The Swatara company;" and by that name shall have perpetual succession, and be capable in law of holding and conveying such real and personal property as may be necessary for the objects of this incorporation, may sue and be sued, plead and be impleaded in all courts of law and equity, may have a common seal, which they shall have power to alter and renew at pleasure, and may receive, execute, and deliver all such instruments of writing, and do such acts and things necessary to promote the objects and designs of said company, as authorized by this act, viz: from time to time to make leases of the coal veins which may be found in the tracts of land belonging to said company, and to effect sales of the same or of portions thereof.

SECTION 2. That the lands to be conveyed to the said company, in fee simple, by the parties owning the same, shall form a common stock, and be divided into a convenient number of shares, and apportioned by the said company among the subscribers, according to their respective interests, for which certificates of stock shall be issued, and be assignable and transferable, in such way, and subject to such conditions, as the said company may from time to time prescribe; and the said shares of stock so created, shall be for all legal purposes whatever, deemed and treated as personal estate: Provided, That the quantity of land which shall be held by said company, at any one time, shall not exceed three thousand acres.

SECTION 3. That the stockholders shall meet as soon as practicable after the passage of this act, (notice of the time and place of such meeting having been first given by advertisement in one newspaper published in the county of Schuylkill, and in one daily paper published in the city of Philadelphia,) and annually thereafter, at such time and place as shall be fixed upon, and shall then and there proceed to elect by ballot, twelve directors, to serve for the term of one year, and until others are chosen in their places; and said election shall be made by such of the stockholders of said company as shall attend for that purpose, either in person or by proxy, each share of stock to entitle the holder thereof to one vote; the directors so chosen shall elect one of their number to be president of the board of directors of said company, and in case of vacancy or absence, the office shall be filled by such person or persons as the remainder of the directors, or a majority of them, may appoint.

SECTION 4. That the directors shall have full power to make by-laws, and to appoint such officers and agents as they shall deem expedient for

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