Part of Lake

township, Lu

nexed to the township of Leh

all those certain tracts of land in the warranted names of William Nichols and Samuel Caldwell, and all that portion of certain tracts of zerne county, an-lands in the warranted names of George Fell and John Mease, lying west of the township line of Lake and Dallas, in the township of Lake, in the county of Luzerne, be and the same are hereby annexed to the township of Lehman, in said county: Provided however, That nothing herein contained shall be so construed as to interfere with the collection of any tax which may have been levied or assessed upon the same in the township of Lake, prior to the passage of this act.

man.

Fourth section of

SECTION 2. That the fourth section of the act, entitled A further a certain act rela- supplement to an act, entitled 'An Act to erect the town plot of Wilkestive to the borbarre and its vicinity, in the county of Luzerne, into a borough,' passed ough of Wilkes- the seventeenth day of March, Anno Domini one thousand eight hunbarre, repealed. dred and six," which said further supplement was approved the twentyeighth day of March, Anno Domini one thousand eight hundred and forty-six, be and the same is hereby repealed; and the owners of any property which by this section is placed without the boundaries of said borough, are hereby released from the payment of any borough taxes that may have been assessed upon all such property for the year one thousand eight hundred and forty-nine.

Luzerne county

court, to fix per diem allowance for conveying convicts, &c.

Luzerne county, prothonotary.

Clerk of courts.

Lehman township, Luzerne

county, supervisors may collect tax, &c.,

tor of flour.

SECTION 3. That the court of common pleas of Luzerne county, be and the same is hereby authorized to fix and establish a per diem allowance to the sheriffs of said county, for conveying convicts to the state penitentiary, which shall not exceed in any case five dollars exclusive of the actual and necessary expenses attending the conveying of said convicts.

SECTION 4. That hereafter the qualified electors of the county of Luzerne, when necessary by law for that purpose, shall elect one person to fill the offices of prothonotary of the court of common pleas, and one person to fill the office of the clerk of the courts of general quarter sessions, oyer and terminer, and orphans' court; and any law to the contrary is hereby repealed.

SECTION 5. That the supervisors of Lehman township, in the county of Luzerne, are hereby authorized to collect one-fourth of the road taxes that may hereafter be assessed in said township, in money.

SECTION 6. That after the passage of this act, it shall be the duty of Wilkesbarre bor- the governor to appoint two suitable persons as inspectors of wheat ough, inspecflour; one for the borough of Wilkesbarre, and one for the township of Carbondale, in the county of Luzerne, whose duty it shall be to inspect, Carbondale town- at the request of the purchasers, all wheat flour offered for sale in the ship, Luzerne said borough and township, and who shall receive as their fees the sum county, inspector of three cents per barrel; and so much of the act, entitled An Act reof flour. lating to inspectors, passed the fifteenth day of April, one thousand eight hundred and thirty-five," as requires the inspection of wheat flour in the borough of Pottsville, Schuylkill county, be and the same is extended to the said borough of Wilkesbarre, and township of Carbondale.

Fees.

Berwick and Pottsville state road extended.

SECTION 7. That the state road authorized to be reviewed and laid out by the act passed twenty-eighth March, A. D. one thousand eight hundred and forty-eight, entitled "An Act providing for laying out a state road from Berwick, in Columbia county, to Pottsville, in Schuylkill county, be and the same is hereby extended from the borough of Berwick, in the county of Columbia, to a point intersecting the Berwick and Towanda turnpike, near the foot of the North mountain, in the county of Luzerne; and the commissioners appointed by said act, are hereby authorized to view and lay out said road, agreeably to the provisions of said act.

SECTION 8. That Stephen L. Parmeter, Wright Dunham, Hector Miller, John Stowell and James Miller, of Jackson township, Tioga Commissioners. county, Pennsylvania, and Thomas Maxwell and John Arnot, of Elmira, New York, be and they are hereby appointed commissioners to open books, receive subscriptions, and organize a company, by the name, style and title of "The Elmira and Jackson plank road company," Style. with power to construct a plank road from Yeoman's steam saw mill,

in the township of Jackson, to the New York state line, in the direc- Location. tion of Elmira, by the nearest and best route, subject to all the pro- Subject to the visions and restrictions of an act regulating turnpike and plank road provisions and companies, approved the twenty-sixth day of January, one thousand restrictions of a eight hundred and forty-nine.

SECTION 9. That the capital stock of said company shall consist of two hundred and fifty shares, at fifty dollars per share: Provided, That said company may, from time to time, by a vote of the stockholders had at a meeting called for the purpose, increase their capital stock, if it shall be deemed necessary to carry out the true intent and meaning of this act.

certain act.

Capital stock.

Proviso.

SECTION 10. That if said company shall not commence the con- Commencement struction of their road within three years after the passage of this act, and completion and complete the same within seven years thereafter, this act shall be of road. null and void, except so far as the same may be necessary to wind up the affairs and pay the debts of said company.

Pottsville.

SECTION 11. That it shall be the duty of the supervisors of the Penalty on suseveral townships through which the state road leading from Berwick, pervisors for nein Columbia county, to Pottsville, in Schuylkill county, shall pass, glecting to open upon notice given, to proceed at once and make and open the said road the state road as other roads are made; and on failing to comply, the said supervisors, from Berwick to or any of them, shall forfeit and pay a fine of not less than fifty dollars, to be collected as other fines are collected, and the said fines shall be appropriated for the use of the said road; and the justice of the peace before whom information is lodged, shall have power to appoint another person in place of the supervisor refusing to perform the duties of this act, who shall be paid out of the funds set apart for the laying out and repairing of roads in the township in which said person so refusing may reside.

SECTION 12. That the state road laid out from the lands of George Certain state road Brumgart and Samuel Sigimund, in Lemar township, to a point at Bald in Clinton counEagle creek, in Allison township, Clinton county, is hereby vacated ty, vacated. and made void.

road in Union county, vacated.

SECTION 13. That all that certain road existing by prescription, and running through the wood land of Andrew M'Clenahan, in White Deer Certain state township, Union county, beginning near the house of Mrs. Nancy Bauck, and leading to a point near the house of said M'Clenahan, on the great road from Lewisburg to White Deer mills, be and the same is hereby vacated, to all intents and purposes, as if the same had never existed by prescription or otherwise.

SECTION 14. That whenever Alexander Wilson and Mary, his wife, of Monongahela City, shall, by good and sufficient assurance in the John Herron, law, convey unto Sarah Ann M'Farland Sparks, the one equal undi- guardian of Sarah vided half part of a certain lot of ground situate in Pitt township, Alle- Ann M'Farland gheny county, in the state of Pennsylvania, being lot number twelve in Sparks, authorthe plan of lots laid out by Alexander Wilson, esquire, near the Seventh ized to convey ward of the city of Pittsburg, and containing one acre and five perches part of a lot of ground upon and sixty-seven and four-tenths feet, it shall and may be lawful for conditions. John Herron, guardian of Sarah Ann M'Farland Sparks, to convey to Mary C. Wilson, and her heirs, in fee simple, the equal undivided half

part of a certain lot of ground situate in Monongahela City, Washington county, Pennsylvania, containing sixty feet in breadth on Main street, and extending in depth two hundred feet to Cherry alley, being the lot now owned in common by the said Sarah Ann M'Farland Sparks, and the said Mary C. Wilson, wife of Alexander Wilson. WILLIAM F. PACKER, Speaker of the House of Representatives.

APPROVED-The tenth day of April, one thousand eight hundred and

forty-nine.

No. 372,

WM. F. JOHNSTON.

Boundaries.

Elections.

AN ACT

Erecting the village of East Birmingham into a borough; fixing the place of holding elections in Plum, Patton and Indiana townships, Allegheny county; relative to licensing hawkers and pedlers; and fixing the standard weight of oats.

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 territory situate on the south side of the Monongahela river, and east of the borough of Birmingham, in the county of Allegheny, included within the following boundaries, to wit: beginning at low water mark on the Monongahela river at the point where the easterly line of the borough of Birmingham strikes said river, being at or near the centre of Harmony street; thence running along the line of said borough south four degrees thirty-six and a half minutes east one hundred sixty perches, more or less, to a point which is distant sixty feet southerly from the southerly line of Josephine street; thence running parallel with Josephine street south eighty-five degrees twenty-four minutes east one hundred and seventy perches twenty-three and a fourth links, and south seventy degrees east sixty-two perches and six links; thence north twenty degrees east one hundred and twenty-five perches, more or less, to low water mark on said river; and thence down the said river along the several courses thereof at low water mark to the line of Birmingham, the place of beginning, is hereby erected into a borough, which shall be called and styled the borough of East Birmingham.

SECTION 2. That the inhabitants of said borough, entitled to vote for members of the general assembly, having resided therein one calendar month immediately preceding the election, shall, on the third Friday of May next, and annually thereafter on the same day, which now is or hereafter may be fixed by law for the election of constable and other township officers within this commonwealth, meet at the railroad office of Oliver H. Ormsby, situate on or near Ormsby street, in said borough,

the poor, &c.

and then and there, between the hours ten A. M. and seven P. M., elect by ballot one of the citizens who shall be styled the burgess of said Burgess, town borough, and four other citizens to be members of the town council, one council, constable, overseers of person as constable of said borough, and two persons as overseers of the poor, one person as street commissioner, two persons as auditors, one person as assessor, two justices of the peace, one judge of election and two inspectors of election; and at the first election six school directors, two to serve one year, two for two years and two for three years, and thereafter two school directors annually to serve three years, all of whom shall be citizens and residents of said borough, which election shall in all respects be conducted in the same manner as is provided for the election of township officers within this commonwealth, and shall be subject to the same penalties for mal-practices, except that the certificates of the election of burgess and town council, and other borough officers, shall be filed among the records of the corporation; and duplicate certificates of said election shall be signed by the judges, one of which shall be transmitted to each person so elected: And provided, Proviso. That in case of death, resignation. removal or refusal to accept of any of said offices, the vacancies may be supplied by a new election, in all cases where by existing laws there is no provision made for supplying vacancies by appointment: And provided further, That for the first Proviso. election to be held under this act, it shall be the duty of Andrew M'Clure, David Chess and James Bryce, or any one them, to give notice and perform all the duties enjoined on constables by the existing laws relative to township elections; and in case no election shall be held on the first day mentioned, they shall appoint some other day and perform such services; but previous to opening of such election, such of the citizens entitled to vote as aforesaid, as may be present at the time and place of opening the same, shall choose one judge and two inspectors and two clerks thereof, who shall be sworn or affirmed in the same manner as is provided by law for swearing or affirming election officers, and they shall perform the duties required of them by law relative to township elections.

SECTION 3. That the justices of the peace, constable, school di- Term of office. rectors, and other officers elected in said borough, shall hold their offices for a similar length of time, and exercise like powers with similar officers elected under the general election laws of this commonwealth; and further, that the burgess and members of council, and other officers elected as aforesaid, shall in all cases continue to hold and exercise the duties of their respective offices, until their successors shall be duly elected and qualified.

SECTION 4. That if any person duly elected burgess or member of Penalty for refusthe town council, and having received notice thereof as directed by this ing or neglecting act, shall refuse or neglect to take upon himself the execution of the to serve when office to which he shall have been elected, or having taken upon him- elected. self such duties, shall neglect to discharge the same according to law, every such person so refusing or neglecting, shall, for every such offence, pay and forfeit the sum of five dollars; and every other officer elected or appointed by virtue of this act, or by the by-laws or ordinances of the town council aforesaid, who shall refuse or neglect to take upon himself the execution of such office, or having accepted the same, shall refuse or neglect to perform the duties thereof, shall, for every such refusal or neglect, pay a fine not exceeding five dollars, at the discretion of the burgess; which fines, and all other fines that may be incurred under this act, or any of the by-laws or ordinances of the town council, shall be for the use of said corporation, and shall be recovered in the name of the burgess and town council of the borough of East Birming

Proviso.

Proviso.

Burgess, privileges of.

Burgess and town council,

powers of.

Quorum.

to be sworn.

ham, as debts of like amount are recoverable by law: Provided, That no person or persons shall be compelled to serve more than one year in any term of three, and the payment of a fine shall be equivalent to a service of one year in any office: And provided further, That nothing herein contained shall be construed to exonorate any constable, or other officer, from the payment of any fine or penalty imposed by the exist ing laws, or that may hereafter be enacted for refusing to serve in such office.

SECTION 5. That the burgess shall be president of the council, and shall have and exercise all the rights and privileges of a member thereof in every respect.

SECTION 6. That the burgess and town council shall meet on the first Monday next succeeding their election, in each year, and as often thereafter as occasion may require: three members shall constitute a quorum to do business; and the proceedings of a majority of a quorum, when there is one formed, shall be valid they shall have power, in the absence of the burgess, to elect a president pro tem., who shall, in the ease of death, resignation, refusal to accept, or to act, or inability of the burgess to attend, perform all and every duty enjoined on the burgess: or in his absence, the president pro tem. shall have power to call special meetings of the council; but in all cases of special meetings, personal notice shall be given to each member, unless absent from the borough.

SECTION 7. That the burgess, before entering upon the duties of his Officers required office, shall take and subscribe an oath or affirmation before a justice of the peace of the county of Allegheny, to support the constitution of the United States and state of Pennsylvania, and to perform the duties of his office with fidelity; and when so qualified, he shall administer a like oath or affirmation to each of the members of the town council, high constable, town clerk, and such other officers as shall be elected or appointed under this act, or any by-laws or ordinances 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 said corporation.

Incorporate.

Style.

Privileges.

Powers.

By-laws.

SECTION 8. That from and after the third Friday of May next, the said burgess and town council duly elected, and their successors, shall be one body corporate and politic, by the name and style of "The borough of East Birmingham," and shall have perpetual succession; and the said burgess and town council and their successors, 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.

SECTION 9. That the town council shall have power to pass and enact such by-laws, rules, regulations and ordinances, as they may deem 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, or that may hereafter be granted to the corporation, and for removing nuisances and obstructions therefrom, and the same to alter, make, renew or annul, as the occasion