Powers of constables,

Mayor, &c., authorized to issue subpœna.

Sheriff of Lu

&c.

SECTION 20. That it shall be lawful for any constable or constables of the said city, to whom any warrant under the hand and scal of the said mayor, recorder, and alderman or justices, or any of them, shall be delivered, commanding him or them to take any person or persons who shall have been charged with having committed any offence within the said city, and to bring him, her, or them before the said mayor, recorder, and alderman, or justices, or any of them; and he and they are hereby enjoined and required to execute the same by making of the arrest if the same can be done at any place within the county of Luzerne; and also by bringing such offender or offenders before the said mayor, recorder, and alderman, or justices, or any of them.

SECTION 21. That it shall and may be lawful for the said mayor, recorder, and alderman, before whom any complaint, indictment, plea, matter, or thing of a criminal or civil nature, within his or their jurisdiction, shall be made or depending, to issue their subpoena in common form to any person or persons within this Commonwealth, commanding him or them to appear and give evidence therein; and every person to whom the same shall be directed, and on whom service thereof shall be duly made, shall attend accordingly, and give evidence under such pains and penalties as are by law incurred by any person or persons refusing to attend and give evidence when duly subponed for that

purpose.

SECTION 22. That the sheriff of Luzerne county for the time being, zerne county re- is hereby enjoined and required under the penalty of one thousand dolquired to ap- lars for each and every neglect or refusal, to be sued for and recovered point a Deputy, in the Court of Common Pleas of Luzerne county, as other debts of like amount are recoverable by the city of Carbondale, for the use of said city, to appoint, on the suggestion of the mayor of the said city, one deputy who shall have been a resident of the said city at least one year immediately preceeding his appointment, who shall take the oath prescribed for sheriffs of the several counties of this Commonwealth, and who shall give bail in the sum of five thousand dollars, to the Commonwealth, conditioned as sheriff's bonds are now by act of Assembly conditioned; and whose duty it shall be to serve and execute all process issuing out of the said mayor's court, required to be served and executed by a sheriff, and to carry into effect the sentences and judgments of the said court in all such cases, as the sheriff is bound to do under any order, process, sentence, or judgment of the county Courts of Quarter Sessions, Oyer and Terminer, and Common Pleas; and to take and receive into his custody, the body or bodies of any and all such persons who may be committed to the lock-up house of the said city, until lawfully discharged therefrom; and to receive and keep in safe custody in the lock-up house of the said city until lawfully discharged therefrom, any person or persons who may be committed by virtue of lawful process from the mayor, recorder, or alderman of the said city, in the same manner, and under the same penalties as if he, she, or they, had been committed by the court of Quarter Sessions or any judge thereof; and all neglect of duty, or wilful misbehavior in the said deputy sheriff, or the keeper of said lock-up house, towards such prisoners or any of them, shall be, and the same is hereby made cognizable and punishable in the mayor's court of the said city in the same manner and under the same penalties as the same offences would be punishable in the Court of Quarter Sessions within its jurisdiction. SECTION 23. That the deputy sheriff, at the expense of the said city, shall provide a wheel for the names of jurors for the trial of causes in the said mayor's court, and as often as may be necessary, the said deputy sheriff, assisted by the four select councilmen and mayor of the

Duties of Deputy Sheriff.

said city, shall select, deposit in said wheel, and draw therefrom, as occasion may require, grand and traverse jurors for the trial of the causes aforesaid, in the same manner and with the like restrictions, and under the like sanctions and penalties as is provided by the laws of this Commonwealth in such cases: Provided, The said jurors shall be selected from the citizens residing within the bounds of the said city, the townships of Carbondale, Fell, Greenfield, and Scott, in proportion to the taxables of each.

of the Select Councilmen.

SECTION 24. That the select councilmen shall also discharge the duties of commissioners of the said city, who shall perform the duties Further duties pertaining to the office of county commissioners of the several counties of this Commonwealth; and that within five days after their election as select councilmen, they shall appoint one of their number to be commissioners' clerk, who shall, from the time of his appointment, and while he holds the office of clerk of the said commissioners, have no voice or vote in the deliberations of said board of commissioners, and that while actually engaged as such commissioners and clerk, they shall receive out of the funds of the said city one dollar per day each for their services.

SECTION 25. That jurors drawn and in attendance for the trial of Pay of jurors. causes in said mayor's courts, shall receive only fifty cents per day; and witnesses subpoenaed and in attendance on the trial of causes, or before the grand jury in said court, if they reside within the limits of the said city, shall be entitled to only thirty-seven and a-half cents per day, and in neither case shall they be entitled to travelling ex

penses.

SECTION 26. That it shall be the duty of the mayor and select and Building for the common councilmen of the said city to provide, at the expense of the Mayor's court. said city, a suitable building or room for the holding of the mayor's court, and rooms for the meeting of the councils, until a suitable building can be erected and finished for the uses and purposes aforesaid; and as soon as practicable after the first election under this act, it shall be the duty of the said mayor and select and common councils to purchase an eligible cite for a city hall and lock-up house for the said city, and to cause to be erected thereon a suitable building or buildings for the holding of the mayor's court, for the meetings of the select and common councils, and for jury rooms, with a fireproof vault for the preservation of the records of the said court and other records of the said city, and also for a city prison or lock-up house, to be done at the expense of the said city: Provided, That the whole cost and expense of the buildings and cite shall not exceed the sum of five thousand dollars; and for the purposes aforesaid the mayor and select and common councils of the said city are hereby authorized to borrow money, on the credit of the said city, to an amount and sum not exceeding five thousand dollars, and to pledge the stock of the said city, and to mortgage the building or buildings aforesaid, to secure the payment of the interest and principal of the said loan.

SECTION 27. That until the lock-up house aforesaid shall be completed, Lock-up house. all prisoners who would by the provisions of this act be liable to be committed to prison and held in custody, shall be committed to the jail of Luzerne county; and it is hereby made the duty of the sheriff or jailor of Luzerne county to receive the same, and to hold them in safe custody until discharged according to law, or until their personal presence shall be required in the said mayor's court for trial or otherwise; and in all such cases the said sheriff or jailor of Luzerne county shall surrender such prisoner or prisoners upon the order of the recorder of

Jurisdiction of
Aldermen.

President Judge to be Recorder, &c.

Probate of deeds, &c.

Tavern licenses,

Powers of
Mayor.

the said city certified under the hand and seal of the clerk of said mayor's court.

SECTION 28. That the aldermen of the said city for the time being, shall have the same jurisdiction in all civil cases as justices of the peace of the county have, and shall proceed therein in like manner for the like fees and costs, and with the like powers and authorities, and under and subject to the like rules, regulations, and restrictions, and to the like means, process, and execution, as in cases of debt or other demand, or in case of damage, trespass, trover, and rent, before any justice of the peace within this Commonwealth, with the like appeal by the party aggrieved, to the mayor's court of the city of Carbon

dale.

SECTION 29. That the President Judge of the 11th Judicial Dis trict of this Commonwealth, or that district of which the county of Luzerne shall constitute a part, shall be recorder of said city, and shall have power to issue writs of habeas corpus in all cases of insolvent debtors, and in criminal cases made cognizable in the mayor's court of said city; and the said recorder shall annually receive out of the State treasury the sum of two hundred dollars, to be paid quarterly, as a compensation for his services.

SECTION 30. That the mayor, recorder, and aldermen, or any of them, shall and may take and receive the acknowledgment and probate of all deeds and written instruments, and receive the legal fees therefor, which acknowledgments and probates shall be as valid, have the like force and effect, as if the same were acknowledged before a judge of the Supreme Court, or any judge of the court of Common Pleas or justice of the peace within this Commonwealth.

SECTION 31. That it shall and may be lawful for the select and common councils in common council assembled, from time to time to 'permit and license such and so many inns and taverns, beer houses and auctioneers, and for other purposes, for which licences are grantable by the laws of this Commonwealth within the said city, and the court of Quarter Sessions of Luzerne county shall no longer exercise jurisdiction in granting licenses for inns or taverns within the limits of said city.

SECTION 32. That it shall and may be lawful for the select and common councils, when duly assembled from time to time, by any ordinance duly enacted, to vest in the mayor of the said city for the time being, the appointment of such officers within the said city as they may think expedient for the well ordering and governing the same, and to remove the same from such offices or appointments for misbehaviour or otherwise, as may be necessary, which officers shall take an oath or affirmation be fore the said mayor, recorder, or alderman, well and faithfully to perform the duties of the offices or appointments to them respectively committed, and the said councils may require security to be given by such officers, or any of them, and prescribe the sum and the form in which said security shall be given; and the said officers and their sureties may be sued, and recovery had against them in the city court for breach of official duty or delinquency in paying over any moneys collected by them under criminal or civil process issued by the mayor, recorder, or any alderman of the said city; and for the recovery of fines, forfeitures, and penalties, debts, and other demands, cognizable in the city courts, the ordinary forms of laws shall be pursued in the process, judgment, and the several kinds of execution, as if the same were made cognizable and recoverable in the courts of the county; and all officers and jurors of the said city shall be competent to hear, try, and determine, all

matters and things within their jurisdiction, and all citizens to give testimony, notwithstanding any fine or penalty be made payable for the use of the said city.

SECTION 33. That no alderman of the said city, or any person hold- Aldermen, &c., ing an office of trust or profit under the laws of this Commonwealth, or not allowed to the ordinances of the select and common councils, the emolument where- serve as councilof is paid out of the treasury of the said city, shall be competent to serve as a member of the select or common councils.

SECTION 34. That the said select and common councils shall once in every year cause to be published a just and true account of all moneys which shall have accrued to them in their corporate capacity during the year preceding such publication, and also of the disposition thereof.

iman.

Accounts.

Construction of

SECTION 35. That as often as any doubts shall arise touching this act, the same shall in all courts of law and equity and elsewhere, be this act. construed and taken most favorably for the said corporation: Provided, That this act and the powers and authorities herein vested in the said city, shall not be impaired, affected, defeated, or destroyed, by any neglect or omission to elect or appoint all or any of its officers at the times allotted for the same; and in case of any such defect or omission, the mayor and aldermen of the said city, or a majority of them, shall forthwith take all necessary measures to cure and supply such defects and omissions, giving due notice thereof in the public newspapers of the said city.

SECTION 36. That before judgment in any civil case shall be entered by the clerk of the said mayor's court upon the verdict of a jury, the successful party shall pay to the treasurer of said city a jury fee of four dollars, which shall be taxed and paid with the other costs in the case, and that all judgments obtained in the said mayor's court shall be a lien upon the real estate of the person or persons against whom such judgment was entered situate within the bounds of the said city; but before such judgment shall be a lien upon the real estate of the defendant, or of him, his, or them, against such judgment shall have been obtained, situated without the limits of the said city, the party wishing to obtain such lien shall procure from the clerk of the mayor's court a certified transcript of the same, containing the names of the parties and the date and amount of the said judgment, which it shall be the duty of the prothonotary of Luzerne county to enter of record for the fee of twenty-five cents, and from such entry the said judgment shall be a lien upon the defendants real estate within the county of Luzerne, in like manner as if the same had been originally obtained in the Court of Common Pleas of Luzerne county; and as often as the same should require to be revived, proceedings shall at the instance of the plaintiff be had for that purpose in the said mayor's court in the same manner, and with like effect, as if the same had not been removed by transcript; and whenever and as often as the plaintiff shall require execution of his said judgment, it shall be the duty of the clerk of the said mayor's court to issue writs of execution in like form, and with little effect, as now in practice in the courts of Common Pleas of this Commonwealth, including the costs of the entry of the transcript, if satisfied of such entry.

SECTION 37. That it shall be lawful for all persons holding bonds, penal or single bills, notes in writing, or any writing obligatory, wherein is contained a confession of judgment, or which may be accompanied by authority to any other person or persons to confess judgment thereon, to file the same with the clerk of the said mayor's court,

Jury fee.

Filing of judgments, &c.

Mechanics' liens.

Vacancies, how filled.

County taxes.

whose duty it shall be, for the usual fees now allowed prothonotaries for similar services, to enter the same of record in like manner as they are now entered in the Court of Common Pleas of Luzerne county; and from the time of such filing or entry, such judgments shall be a lien upon all the real estate of the defendant or defendants situate within the bounds of the said city; but for the purpose of acquiring a lien upon the lands and tenements of the defendant or defendants situated without the limits of the said city, the plaintiff shall procure from the clerk of the mayor's court a similar transcript to that directed in the case of judgment entered upon the verdict of a jury, which it shall be the duty of the prothonotary to enter on the application of the plaintiff or his attorney, for the fee of twenty-five cents; and from and after such entry, the same judgment shall be a lien upon all the defendant's real estate situate within the county of Luzerne; and the plaintiff or plaintiffs on such judgment shall be permitted to proceed by execution or otherwise in the said mayor's court, for the recovery of such judgments, in the same manner, and with like effect, as in the case of executions issuing out of the Court of Common Pleas of Luzerne county: Provided, That in no case shall the real estate of the defendant situate without the limits of the said city, be levied upon or sold by virtue of any writ issuing out of the said mayor's court: And provided also, That no judgment as aforesaid shall be entered in the said mayor's court, where the real debt or amount claimed to be due should exceed one thousand dollars.

SECTION 38. That all mechanics' liens, and liens for materials furnished in the erection of buildings provided for and allowed by the existing laws of this Commonwealth, when the building or buildings against which the said lien is or shall be claimed is situated within the bounds of the said city, shall be entered by the clerk of the mayor's court for the fee now provided by law, in a book to be provided by him for that purpose; and all and every such lien, or liens shall be proceeded on in the said mayor's court to judgment and final execution, in the same manner, to all intents and purposes, and with the like effect, as if the same had been entered in the prothonotary's office, and proceeded on in the Court of Common Pleas of Luzerne county; and that the fees of all officers connected with the administration of justice in the said mayor's court, and under the corporate authority of the said city, not herein fixed, shall be the same as provided by the fee bills passed twenty-eighth March, one thousand eight hundred and fourteen, and twenty-second February, one thousand eight hundred and twenty-one, for similar services, so far as the same may be applicable, and apply to officers without the city and county of Philadelphia.

SECTION 39. That in case of the death, resignation, or removal of the recorder of the said city, or in case of any other vacancies occurring in the said office, such vacancy shall be filled by a new election to be appointed by the select and common councils within twenty days from the happening of such vacancy, of which election six days' notice shall be given in two newspapers published in the said city, and by hand-bills posted at the places fixed for holding the city elections, at least five days before the time of the holding of such election: Provided, That if there shall not be two newspapers published in said city, that notice published in one such newspaper shall be sufficient.

SECTION 40. That hereafter, all county taxes exceeding the sum of three hundred dollars in each year, assessed and collected within the limits of the city of Carbondale, together with the taxes now uncollected within the same, for the year one thousand eight hundred and