L

The

the casting vote, but otherwise shall not be entitled to a vote. common council shall annually choose one of its members to preside at its deliberations, who shall vote as other members, and no act by-law or ordinance shall be valid unless passed by a majority of the members present in each body legally assembled.

SECTION 7. That stated meetings of the select and common councils shall be holden for the transaction of business on the first Monday of each month, and as much oftener and at such place in said city as shall be provided by the ordinances thereof; and the doors of the respective i: halls of said select and common councils shall be open for the admission of all orderly and peaceable citizens who may choose to attend the scssion thereof; and the said councils may provide by ordinance for the punishment by fine of any person or persons who shall by any disorderly conduct disturb either of the respective sessions; and either body may expel such person from the hall at its sessions.

SECTION 8. That each body shall appoint a clerk, who shall make and keep a full record of its proceedings, recording the names of the members present; and all the ordinances, by-laws, rules, and regulations of said councils, shall be signed by the mayor, clerks of the respective councils, and published in or more of the public newspapers of said city, the publication proved by the oath of some credible witness, and recorded with the probate thereof in the office for recording deeds in the county of Erie, in a book to be provided by said corporation, and by the recorder of said county to be kept for that special purpose within thirty days after the passing thereof, otherwise the same shall not be valid, nor shall any such ordinances, by-laws, rules, or regulations be in force until they shall be so recorded. The recorder shall be entitled to one cent for every ten words of recording in the premises; and said book shall be kept for the inspection, without charge, of all persons interested; and the said recorder shall be deemed and taken as sufficient evidence of the passage and publication of all such ordinances, by-laws, rules, and regulations.

Stated meetings

of councils.

Clerks.

remain in full

SECTION 9. That all and singular the acts of Assembly respecting the borough of Erie, and ordinances and by-laws, rules and regulations Certain acts to of the same as they existed at and immediately before the passage of force. this act, except so far as the same is hereby altered or supplied, shall be and remain in force in said city in the same manner and with the same effect as if this act had not been passed: Provided, That the said ordinances, by-laws, rules, and regulations shall within four months after the passage of this act be recorded as aforesaid, with the certificate of the clerk for the time being of the publication thereof.

SECTION 10. That the mayor of said city shall have the jurisdiction of and power to try and determine all actions for fines, penalties, or forfeitures imposed by the laws of this Commonwealth relating to said borough or city, or imposed by any of the ordinances, by-laws, rules, or regulations thereof, and to issue execution to one of the constables of said city for the collection of any judgment rendered in the premises, to be collected in the same manner as judgments of justices of the peace founded on trespass or trover are now by law collectable; and the constable to whom such execution may be issued shall be liable thereon in the same manner as if founded on such judgment in trover or trespass; and said mayor shall also have the power and criminal jurisdiction of the justices of the peace in all cases of offences whatso ever committed in said city, and for the preservation of the peace thereof, and shall be entitled to the same fees as justices of the peace of this Commonwealth for similar services; and shall also have and exercise all the powers whatsoever which at and immediately before the passage

Jurisdiction and

power of mayor.

Power of councils.

Further powers.

Estate, property, &c., vested in this corpora

tion.

Mode of enforcing pay

ment of judg. ments against said city.

of this act belonged to the office of the burgess of the borough of Erie, except so far as the same may be inconsistent with the provisions of this act. And the justices of said city shall have concurrent jurisdiction in the collection of fines and penalties, the preservation of the peace, and in the criminal matters aforesaid.

SECTION 11. That the said select and common councils shall have power to compel the owners or occupiers of lots to repair the side-walks in front of their respective lots, or to cause the repairs to be made, and file their liens therefor in the same manner as the burgess and town council were authorized to do in case of the original construction of such pavements. And said select and common councils may by general ordinance regulate the portion of the side-walks which the owners of dwelling houses and others may use for door-steps and other proper purposes, in front of their respective premises; and may impose penalties for mutilating or injuring trees growing upon the streets and public grounds of said city. And the councils shall be vested with all the powers in said city which at and immediately before the passage of this act be longed to and was vested in the burgess and town council of the borough of Erie.

SECTION 12. That the select and common council shall have power, and they are hereby authorized and empowered to pass, from time to time, such and so many ordinances as may be thought necessary for the prevention or regulations of the erection or removal, from any other place in the said city, of any wooden dwelling house, shop, warehouse, carriage house, store, stable, or other wooden buildings, within the limits of the said city: Provided, That such ordinances shall not be contrary to the Constitution or laws of this Commonwealth.

be

SECTION 13. That all the estate and property whatsoever, real, personal, or mixed, and all choses in action, claims or demands of the borough of Erie, or of the burgess and town council thereof, are hereby vested in the corporation or body politic of the city of Erie, in the same manner and for the same estate which the corporate authorities of said borough held or had therein; and all suits now pending may prosecuted to judgment by and for said city, in the same manner and with the same effect as could have been done by said burgess and town council if this act had not been passed. And all judgments, suits, claims, and demands whatsoever against said borough, are hereby transferred to and shall continue and may be prosecuted against said city as fully and completely as they could have been against said burgess and town council if the borough charter had not been abolished.

SECTION 14. That the mode of enforcing payment of any judgment against said city shall be the same as is or hereafter may be provided by law for enforcing payments of judgments against the several townships of this Commonwealth.

SECTION 15. That if any person shall think himself aggrieved by Appeals by persons aggrieved. any judgment rendered against him by the mayor or any of the justices of said city for any penalty inflicted by or under any act of Assembly respecting said borough or city, or any of the ordinances, by-laws, rules, or regulations of the same, such person may, if such judgment shall exceed the sum of five dollars, exclusive of costs, appeal to the next Court of Common Pleas, in and for the connty of Erie: Provided, Such appellant shall enter into recognizance and be bound with one or more sufficient sureties in a sum sufficient to cover such judgment; and all costs that have accrued, or thereafter may accrue, conditioned that such defendant shall prosecute his appeal with effect: And provided, That such appeal be taken, recognizance be entered into and a transcript thereof filed in the prothonotary's office within twenty days after the

L

rendition of such judgment; and said city shall have a similar right of appeal on complying with the same conditions and provisions, if the payment of the mayor or justice shall be adverse to said city, in a similar amount.

ized to examine

SECTION 16. That the Canal Commissioners be, and they are hereby Canal Commisauthorized and required to examine the claim of James Dawling, of sioners authorJefferson county, for damages sustained on the Erie extension Penn- claim of James sylvania canal, at or near Hartstown, Crawford county, and report the Dawling. facts and the amount due him, if any, to the next Legislature.

SECTION 17. That the Canal Commissioners be, and they hereby are John Nicholas. authorized and required to examine the claim of John Nicholas, of Crawford county, for damages done to his land lying near the Conneaut reservoir, Shenango line of Pennsylvania canal, and report the facts and the amount, if any due him, to the Legislature.

SECTION 18. That the Canal Commissioners be, and they are hereby Porter & Smith. authorized and required to examine the claim of Porter and Smith, of Crawford county, for work done on the Erie extension, and ascertain and report to the Legislature the facts and the amount, if any, due said claimant under the terms of his contract.

SECTION 19. That the Canal Commissioners be, and they are hereby James White. authorized and required to re-examine the claim of James White, of Crawford county, for damages sustained by the construction of the Erie extension Pennsylvania canal and reservoir, at or near Hartstown, Crawford county, and report the facts and amount due, if any, to the next Legislature.

SECTION 20. That the Canal Commissioners be, and they are hereby William Henry. authorized and required to examine the claim of William Henry, of Crawford county, for damages sustained on the Erie extension Pennsylvania canal, and report the facts and the amount, if any due him, to the next Legislature.

SECTION 21. That the Canal Commissioners be, and they are hereby Colt & Brobst. authorized and required to examine the claims of Colt and Brobst, contractors on section number six, North Branch division of the Pennsylvania canal, and report the amount of damages sustained, together with the facts to the Legislature.

JOHN CESSNA,

Speaker of the House of Representatives.

BENJAMIN MATTHIAS,

Speaker of the Senate.

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

hundred and fifty-one.

WM. F. JOHNSTON.

Commissioners.

Style.

Location.

Subject to provisions of cer

tain act.

Capital stock.

Commencement

of road.

No. 341.

AN ACT.

To incorporate the Byberry and Poquesink Turnpike Road Company, and rela tive to the publication of the final report on the geological survey of the State.

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 Watson Comley, Nathan Webster, Charles Walmsly, James Walton, Silas Tomlinson, Morton Warmsley, James Thornton, junior, Charles Martindale, Cilas Vanartensdalen, James Field, junior, Charles Gilbert, Thomas James, Barkley Brown, Samuel Kirk, and Richard Knight, of Philadelphia county, and George K. Johnson, Joseph P. Knight, Mahlon Vandegrift, Richard Holme, and Peter States, of Bucks county, be, and they are hereby appointed commissioners to open books, receive subscriptions, and organize a company by the name and title of "The Byberry and Poquesink Turnpike Road Company," with power to con struct a turnpike road from the Byberry and Bensalem turnpike road at Watson Comley's corner, by Byberry meeting house, in Philadelphia county, to a bridge over Poquesink creek, near the house of Richard Knight, in said county, by the nearest and best route the stockholders may determine upon, subject to all the provisions and restrictions of "an act regulating turnpike road companies," passed the sixth day of January, one thousand eight hundred and forty-nine, and the several supplements thereto, except as relates to the artificial width of said road, hereby authorizing said company at their discretion to make said artificial road not less than ten feet nor more than eighteen feet in width.

SECTION 2. That the capital stock of said company shall consist of one hundred shares, at twenty-five dollars per share: Provided, The said company shall and may from time to time, by a vote of the stock holders at a meeting called for that purpose, increase their capital stock so much as in their opinion may be necessary to complete the road and to carry out the true intent and meaning of this act.

SECTION 3. That if the said company shall not commence the conand completion struction of said road within three years from the passage of this act, and complete the same within ten years thereafter, this act shall be null and void, except so much of the same as shall be necessary wind up the affairs and pay the debts of the same.

for the publica

to

and

Secretary of the SECTION 4. That the Secretary of the Commonwealth be, and he is Commonwealth hereby directed to invite and receive proposals for the publication in a authorized to form and style suitable to its character as an important, practical, and invite proposals scientific work, the final geological report of Professor Rogers, with the tion of geologi- accompanying maps, plates, cuts, and engravings, said proposals to stipulate for the execution of the work in a satisfactory manner, within a period not exceeding four years from the date of the passage of the act authorizing the publication, and to provide for furnishing the State with one thousand copies complete, to be disposed of as a subse quent Legislature may direct; and also to provide that after the said one thousand copies of the work shall be delivered to the State, that the

cal report.

copyright of the entire work shall revert to and vest in the publisher

whose proposals shall or may be accepted.

SECTION 5. That whenever any proposal or proposals for the publi- Secretary to cation of said final geological report of a satisfactory character, and ten- notify joint comdering adequate security for the faithful and diligent execution of the mittee, &c. work shall have been received, it shall be the duty of the Secretary of the Commonwealth to notify the members of a joint committee to consist of two members of the Senate and two members of the House of Representatives, to be appointed by the respective Speakers of the Senate and House of Representatives as aforesaid, who shall after receiving such notice meet with the Secretary of the Commonwealth, all or a majority of whom shall have power to contract for the publication of said work, with such individual or individuals whose offer shall be by them considered to be the most favorable for the interests of the State and the proper execution of the work: Provided, That the publisher Publishers to or publishers so contracted with shall enter into bonds with sufficient give bond, &c. security for the faithful performance of all the stipulations of said contract within the period of four years from the passage of this act, including the delivery of the published copies as aforesaid at the office of the Secretary of the Commonwealth, without any liability on the part of the Commonwealth for any charges or expenses incident to said publication, either for editing, lithographing, engraving, or wood cutting, or for any revision or alterations in the text, or for any re-surveys or explorations or other out-door operations of any kind whatever : And provided further, That the sum so contracted for shall not exceed thirty-two thousand dollars, and that not more than twenty-four thousand dollars shall be drawn from the State Treasury until the contract is completed, or eight thousand dollars in any one year.

JOHN CESSNA,

Speaker of the House of Representatives.

BENJAMIN MATTHIAS,
Speaker of the Senate.

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

hundred and fifty-one.

WM. F. JOHNSTON.

No. 342.

AN ACT

Authorizing the laying out of a State road from near Rodenburgers' tavern, in Montour county, to Ladig and Lantzer's Mill, in Union township, Schuylkill county, and repealing certain State roads in Schuylkill and Columbia counties.

SECTION 1. Be it enacted by the Senate and House of Representalives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same,

That

John Breish, of Schuylkill county, Henry Shell, Esq., of Columbia Commissioners.