Powers of town council.

Proviso.

Burgess to issue warrant to collector, &c.

Appeals.

SECTION 8. That the town council shall have power to pass and enact 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, public squares, common grounds, lands, wharves, landings, or other property whatsoever, that has heretofore at any time been granted to the use of the citizens of Waymart, 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 to 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 three-fourths 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, landings, wharves 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 council shall be allowed such compensation as the council may fix and agree, but the members of the council themselves shall not be entitled to any compensation for their services as members of the town council; the council may remit any fines or penalties that may be incurred 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 the 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 county treasurers 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 taxes 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 shall seem best at any time, and also exonerate the collector from the payment of anytax that may be impracticable to collect; and in all cases of any assessed upon any vacant or unseated lot within said borough, and the taxes remain unpaid, it shall be lawful for the collector to certify the same to the county commissioners of Wayne county in the same manmer as supervisors of the roads are authorized by law to return road taxes on unseated lands; and the county treasurer shall in the like

tax

manner collect the said taxes, or sell and convey the lot or lots for the payment of the same, and pay the money out of the treasury of the borough common school, or to whatever it may belong.

SECTION 10. That it shall be the duty of the town clerk to attend Duty of town all meetings of the town council, when assembled on business of the clerk. 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 discharges of all the duties which may be enjoined upon him by this act or of the acts of the corporation; he shall keep a fair journal of the proceedings of the 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 councils, 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 so to do 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.

surer.

SECTION 11. That it shall be the duty of the treasurer to receive all Duty of treamoneys due to the corporation, whether for taxes, fines, donations, or in any other way, and to pay out 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.

and

SECTION 12. That no money shall be drawn from the treasury but Orders on the by the authority of the council, on orders signed by the president thereof treasury to be and attested by the clerk; it shall be the duty of the town council to signed by the settle the accounts of street commissioners, overseers of the poor, President, &c. of the several officers annually, and to cause a fair statement showing the receipts into the treasury, and how the same shall have been expended, to be published by the town clerk every year, in the month of May, by setting up at least four copies thereof in the most public places within the borough.

SECTION 13. That it shall and may be lawful for all persons entitled by law to vote for burgess and other officers of the borough of Waymart at the same 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 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.

Election of constables.

a

SECTION 14. That the territory within the limits of the said borough Erected into shall be a separate district for school purposes, and for the levy and separate school collection of county rates, and taxes, and shall be a separate election district.

district, and hold all their elections at a separate window of the house of Hiram Westbrook, in said borough, and in all other respects shall be separate from the township of Canaan, in said county, and that all jurisdiction and powers of the officers of said township from the third Friday in May next shall cease and determine, except so far as to collect any taxes that may be then due and owing to them from the inhabitants of said borough.

SECTION 15. That from and after the passage of this act, the quali fied electors of each of the wards of the city of Carbondale shall meet City of Carbon at their respective places of holding elections on Friday preceeding the dale, relative to first Tuesday in October next, at the hour of three o'clock in the after

elections in.

Time of closing election.

Carbondale

tions in.

noon, and shall proceed to vote by ballot for one judge and two inspectors of election in the same manner as is provided for by the fourth section of the act of the General Assembly of this Commonwealth, passed the second day of July, one thousand eight hundred and thirty-nine, except that the duties of receiving the votes, making returns, and giving notices to persons elected, shall be done and performed by the respective aldermen of the said wards, who shall each take an oath to conduct said election impartially and according to the laws of this Commonwealth.

SECTION 16. That the said election shall be closed at six o'clock, P. M., and the persons elected as judges and inspectors of said wards respectively, shall have like powers and duties with other judges and inspectors of election in this Commonwealth; and hereafter such officers shall be elected at the annual charter election for the said city.

SECTION. 17. That the qualified electors of Carbondale township township, elec- shall meet at the place for holding elections for said township at the time mentioned in the fifteenth section of this act, and in like manner proceed to elect one judge and two inspectors of election for said township, and the said election shall be held by the constable of said township for the time being, taking the same oath prescribed for the alderman in the fifteenth section of this act.

Repeal.

SECTION 18. That the second section of the act passed seventh day of March, one thousand eight hundred and forty-three, entitled "An Act authorizing the election of an additional justice of the peace in the borough of Greensburg, in the county of Westmoreland, and for other purposes," is hereby repealed.

JOHN CESSNA,

APPROVED-The eighth day of April, A. D., one thousand eight

hundred and fifty-oue.

WM. F. JOHNSTON.

No. 239.

AN ACT

Authorizing Francis Patrick Kenrick, Bishop of Philadelphia, to convey certain real estate in the borough of York, and a supplement to the charter of the said borough.

SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That Francis Patrick Kenrick, Bishop of Philadelphia, trustee for the Catho- Bishop Kenrick lic congregation of the borough of York, in the county of York, be authorized to and he is hereby authorized and empowered to grant and convey by convey certain deed all that part of a lot and dwelling situated on the east side of real estate in Beaver street, in the borough aforesaid, bounded on the north by lot the borough of of Christian List, on the east by property of George Dietz, on the south by other portion of said lot, and on the west by Beaver street, the proceeds of said sale to be applied to the purchase of a pastorial residence for the priest of said congregation.

York.

SECTION 2. That from and after the passage of this act if any fire Fire companies company, the members thereof or its adherents, shall be guilty of riot- in the borough ing or fighting in the public streets of the borough of York, in the of York, for county of York, in this Commonwealth, whilst going to, at, or return- regulations of. ing from a fire, or to or from a false alarm, it shall be the duty of the Court of Quarter Sessions of the said county, upon complaint made to them thereof by any of the citizens of said borough, supported by affidavit, if the said court shall consider the complaint well founded, to declare said company out of service, and to declare it unlawful for the members of such company to act as a fire company for the space of six months, and to order their doors to be closed; and if after the expiration of that term they shall again be guilty of rioting or fighting as aforesaid, within the same year to disband said company, and declare it unlawful for them at any time thereafter to appear in the public streets as a fire company; and the person or persons who may be prosecuted in said court and found guilty of rioting or fighting as aforesaid, shall be liable to the same punishment as now provided by the laws of this Commonwealth for an aggravated riot.

SECTION 3. That any person or persons who shall wilfully and ma- Penalty for inliciously deface, injure, or destroy any engine, hose bucket, carriage, juries to hose vehicles, machinery, or apparatus belonging to any fire company or in bucket, cartheir possession, in said borough, shall be deemed guilty of felony, and riage, &c. being thereof convicted shall be sentenced to undergo an imprisonment at hard labor for a term not less than six months or more than one year, and shall give security for future good behavior in such sum and for such time, according to the nature and enormity of the offence, as the court before whom such conviction shall take place may fix; and any person or persons who shall otherwise offend against the provisions of this section, shall be fined in a sum not exceeding one hundred dollars for the use of the borough of York, or be imprisoned for a term not exceeding one year, or both at the discretion of the court, or may be held to bail for future good behavior.

Penalty for carrying deadly weapons, &c.

SECTION 4. That any person who shall wilfully and maliciously carry any pistol, gun, dirk knife, slung shot, or deadly weapon in said borough of York, shall be deemed guilty of felony, and being thereof convicted shall be sentenced to undergo an imprisonment at hard labor for a term not less than six months nor more than one year, and shall give secu rity for future good behavior for such sum and for such time as the court before whom such conviction shall take place may fix; and any person or persons who shall otherwise offend against the provisions of this section shall be fined in a sum not exceeding one hundred dollars, for the use of the borough of York, or be imprisoned for a term not exceeding one year, or both at the discretion of the court, or may be held to bail for future good behavior.

SECTION 5. That the provisions of the fifth section of the supplement to the charter of the borough of York, approved the fifteenth day of March, Anno Domini, one thousand eight hundred and forty-four, relative to the widening of the pavements on High and George streets, Width of pave- shall be extended to all the other streets in the said borough of York: Provided, That the width of the pavements in all streets other than High and George streets shall be increased to fourteen feet and no more.

ments, &c.

JOHN CESSNA,

Speaker of the House of Representatives.

BENJAMIN MATTHIAS,

Speaker of the Senate.

APPROVED-The eighth day of April, A. D., one thousand eight hundred and fifty-one.

WM. F. JOHNSTON.

Commissioners.

No. 240.

AN ACT

To incorporate the Towanda and Burlington Plank Road Company, to repeal certain road laws relating to Wyoming county, to extend certain road laws to certain townships in Wyoming and Susquehanna counties, to change the time of holding township elections in Wyoming county, declaring the south branch of Towanda creek a public highway, to prohibit the storage of saltpetre in large quantities in the city of Philadelphia and incorporated districts of the county of Philadelphia.

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 Mahlon C. Mercur, Joseph D. Montanye, Thomas Elliott, Miller Fox, Enos Tompkins, John F. Means, Joseph K. Smith, Orrin D. Bartlett, Eleazer T. Fox, Joseph Kingsbury, David F. Barstow, Edward Overton, Ulysses Mercur, Benjamin S. Russell, John F. Long, Addison McKean, Darius Bullock, John Blackwell, George C. Hill, Allen McKean, and Hiram Gee, of the county of Bradford, or any five of them, be, and they are hereby appointed commissioners to open books,