Limitation to

sections.

and paid by the commissioners of the county of Fulton out of the county stock.

SECTION 15. That the thirteenth and fourteenth sections of this act 13th and 14th shall be and continue in force until the commissioners of Fulton county shall have certified to the court that a jail is erected and ready for the reception of prisoners, and approved of by the court and grand jury, who shall enter approbation signed by them on the records of said county, and from thenceforth it shall be lawful for the sheriff of Fulton county to receive all and every person or persons who may be then confined in the county jail of Bedford county, in pursuance of this act, and convey them to the jail of Fulton county, and to keep them in close custody until they be discharged by due course of law.

Commissioners to mark boun

daries.

sioners, &c.

SECTION 16. That Patrick Donahoe, David Mann, junior, and Andrew J. Fore, be, and they are hereby appointed commissioners to do and perform the duties hereinafter prescribed, to wit: They shall after taking and subscribing an oath or affirmation respectively before a iustice of the peace to perform the duties enjoined on them by this act with impartiality and fidelity, run and distinctly mark the boundary lines of the county of Fulton, make report of their proceedings with accurate drafts of said county lines, noting thereon the courses and distances as they occur, with such other matters as may serve for explana tion, one copy whereof shall be deposited with the prothonotary of the Court of Common Pleas of Fulton county, and one copy in the office of the Secretary of the Commonwealth, on or before the first day of August next: Provided, That if either of the said commissioners shall fail to attend at the same time and place which may be agreed upon by said commisioners, to enter upon the duties of their appointment, it shall be lawful for the commissioner or commissioners in attendance to fill such vacancy or vacancies by appointment: Provided further, That the commissioners so appointed, shall before entering on the duties of his or their appointment, take and subscribe an oath or affirmation as is prescribed in this section.

SECTION 17. The said commissioners shall each receive a per diem Pay of commis- allowance of two dollars for every day necessarily spent by them respectively in performing the duties enjoined in this act, and for the purpose of enabling said commissioners to fulfil the said duties, they are hereby authorized to employ two chain-carriers and one axe-man at a per diem of one dollar and fifty cents each, which together with the pay of said commissioners shall be paid out of the funds of Fulton county, by warrants drawn by the commissioners of said county on the treasurer thereof.

Sheriff of Bedford to give notice of elec

tion.

Commissioners of Bedford

SECTION 18. That the sheriff of the county of Bedford shall give notice of the election to be held on the second Tuesday of October next, for the election of county officers for the county of Fulton, in the same manner as is directed by the thirteenth section of the act of the second of July, one thousand eight hundred and thirty-nine, entitled "An Act relating to elections of this Commonwealth.'

SECTION 19. It shall be the duty of the commissioners of Bedford county, to designate on the list of taxables which they are required by county to fur- law to furnish to the election officers, the names of the taxables within nish list of tax- Fulton county, and within the township which was divided by the formation of Fulton county, and the necessary expenses thereof shall be paid out of the funds of Fulton county, on warrants drawn by the com missioners of Bedford county on the treasurer of Fulton county.

ables.

Governor to ap

point court officers, &c.

SECTION 20. It shall be the duty of the Governor of this Commonwealth, at some time during the month of July next, to appoint and commission some competent person to fill the offices of prothonotary,

clerk of the several courts, register of wills, and recorder of deeds for said county, who shall be a citizen thereof, and who shall take and subscribe the oath of office, give bond with security to do and perform the duties, and be subject to the same penalties, and be entitled to receive the same fees, as similar officers are under existing laws, and shall keep his office in the vicinity of the spot selected by the commissioners named in the sixteenth section of this act for the seat of justice, and shall continue in office until the first Monday in November, one thousand eight hundred and fifty, or until his successor is duly qualified.

ings, when to be erected.

SECTION 21. It shall be the duty of the commissioners first elected in the county of Fulton, to proceed to the erection of county buildings County buildas soon as they or a majority of them shall deem expedient, and said buildings shall be erected upon the lot or lots of ground which may have been selected by the commissioners named in the sixteenth section of this act, or a majority of them, in the said county of Fulton, and they shall also assess, levy, and collect a sufficient sum to defray the expense Expense of. of erecting such buildings, and for other public or county purposes over and above the eight thousand dollars mentioned in the twenty-sixth section of this act.

Officers to be

elected at first

SECTION 22. The qualified electors of the county of Fulton shall at the first general election held in said county, at the time and place of electing Representatives, and whenever it becomes necessary for an general election. election under the provisions of the Constitution and laws of this Commonwealth, elect one person to fill the offices of prothonotary, clerk of the Courts of Oyer and Terminer, general Quarter Sessions, and Orphans' Court, register of wills, and recorder of deeds, one person to fill the office of sheriff, one person to fill the office of treasurer, one person to fill the office of coroner, one person to fill the office of commissioner for three years, one for two years, and one for one year, one person to fill the office of auditor for three years, one for two years, and one for one year for said county.

SECTION 23. All special laws now in force in the county of Bedford Laws now in which extend or apply to the territory of the county of Fulton, shall be, force in Bedford and remain in full force and virtue in said county of Fulton, and all county extended persons holding office in the county of Bedford, who may reside within to Fulton. the limits of the county of Fulton, shall continue in office as if this act

had not been passed.

SECTION 24. It shall be the duty of the Governor of this Common- Governor to apwealth, on or before the first day of September next, to appoint two point associate competent persons, citizens of said county of Fulton, to be associate judges. judges of the several courts in and for said county, to be commissioned and continued in office according to the terms prescribed by the Constitution and laws of this Commonwealth.

Further duties

SECTION 25. In addition to the duties imposed by the sixteenth and seventeenth sections of this act upon the commissioners named therein, of commissionthey are hereby authorized to receive subscriptions of money and mate- ers on buildings, rials towards defraying the expenses of purchasing lots and erecting &c. the public buildings of the county, and also to locate the seat of justice of said county: Provided however, That they shall be required to locate

it at the place which will pay or secure to be paid the most money

towards the erection of the public buildings of said county.

SECTION 26. The citizens of the said county of Fulton shall before Citizens to the first day of September, one thousand eight hundred and fifty, raise raise $8,000. by voluntary subscription at least eight thousand dollars towards the purchase of lots, the erection of public buildings, and the payment of the tax required by the State upon this act, and shall give security for the faithful payment thereof to the said county, in a judgment bond to

Condition.

Citizens to vote on acceptance of this act.

be signed by three or more of their number, and approved by the commissioners appointed by the sixteenth section of this act, who shall cause said judgment bond to be filed of record. And said commissioners are further authorized and required to contract for the purchase of a lot or lots on which to erect the public buildings, which shall afterwards be conveyed to the county commissioners who may be elected in October, one thousand eight hundred and fifty, and to their successors in office for the use of the said county of Fulton.

SECTION 27. If the conditions mentioned in the preceding section be not complied with then this act shall be null and void.

SECTION 28. The qualified voters residing within the limits of the proposed new county of Fulton, shall meet at their usual place of holding elections in the several districts of said county, on the second Tuesday of June, 1850, and vote for or against the erection of said county as follows: Those who are in favor of the erection of said county shall deposit written or printed tickets labelled "New County," and containing on the inside thereof the words "For Fulton County," and those who are opposed to the erection of said county shall deposit tickets labelled as aforesaid, and containing on the inside thereof the words "Against Fulton County:" The said elections shall be held by the judges and inspectors in the several districts of said county, who were elected on the third Friday of March, one thousand eight hundred and fifty, and who are appointed by this act, who shall be severally sworn to perform their duties with fidelity. Notice of said election shall be given by the constables of the several election districts in said county, by at least six written or printed handbills, to be put in the most conspicuous places in each of the said election districts, at least twenty days before the said second Tuesday of June, one thousand eight hundred and fifty. The judges of the several election districts shall meet in the town of McConnellsburg, in said county, on the Friday after said election, and shall carefully add up the returns and make out a copy thereof to be forwarded to the Secretary of the Commonwealth. The officers holding said elections shall receive the usual fees for holding elections, to be paid out of the treasury of Fulton county, if erected, and if not erected then out of the treasury of Bedford county. In case a majority of the votes polled at said election shall be in favor of the county of Fulton, then this act shall be and remain in full force and virtue, otherwise to be null and void.

J. S. McCALMONT, Speaker of the House of Representatives.

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

hundred and fifty.

WM. F. JOHNSTON.

No. 496.

AN ACT

To erect Covington, in Tioga county, into a borough, and relative to the appointment of commissioners to examine the transactions and conduct of the Bank of Susquehanna county.

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 Covington, in the county of Tioga, shall be, and the same is hereby Boundaries. erected into a borough, which shall be called "The borough of Coving ton," bounded and limited as follows: Beginning at the intersection of the north and south lines on the west side of the Rush tract, and east and west lines of Edwin Dyer's land, being the south-east corner of the proposed borough; thence west along said Dyer's land to a post at the intersection of a line on the east side of said Dyer's fifty acre tract on the west side of Tioga river; thence north along said line to post at such point as will include the new village plot of George Corlies; thence east to the Rush tract; thence south to the place of beginning.

SECTION 2. That it shall and may be lawful for all persons entitled Annual election. to vote for members of the Legislature, who shall have resided in said borough ten days previously to such election, to meet at the Covington Hotel in said borough (or such other place as may be hereafter appointed) on the first Friday of June next, and on the third Friday in February annually thereafter, and then and there elect by ballot, between the hours of nine and seven o'clock of the same day, one reputa ble citizen residing therein, who shall be styled "The Burgess of said borough," and six reputable citizens residing therein, who shall be a town council, and shall also elect as aforesaid one reputable citizen as high constable, also one citizen ́as constable of said borough, also at Officers. 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; but previously to such election the inhabitants shall elect one reputable citizen as judge, two as inspectors, two as clerks of said election, which shall be regulated and conducted according to the general election law of this Commonwealth so far as relates to receiving and Elections, how counting votes, and who shall be subject to the same penalties for malpractices as by the said law is imposed. And the said judges, inspectors, and clerks respectively, before they enter upon the duties of their offices, shall take an oath or affirmation before any justice of the peace of said county to perform the same with fidelity; and after the said election shall be closed shall declare the persons having the greatest number of votes to be duly elected; and in case any two or more candidates shall have an equal number of votes, the preference shall be determined by lot, to be drawn by the judge and inspectors, whereupon duplicate returns thereof shall be signed by the said judge and inspectors, one of which shall be transmitted to each of the persons elected, and the other filed among the records of the corporation. And in case of death, resignation, removal, refusal to accept, or neglect or refusal to act after acceptance, of any of the said officers, the burgess, or in

held.

Style.

Penalty for refusing to fill office.

Officers to take oath.

directors.

Power of bor

case of his death or absence or inabilty to act, or when he refuses to act, the council shall issue a precept directed to the high constable, or when there is no high constable or when he refuses or neglects to act, then any of the members of the town council shall advertise and hold an election in manner aforesaid, to supply such vacancy, giving at least ten days' notice thereof by advertisement set up at six of the most public places in said borough.

SECTION 3. That from and after the first Friday in March next, the burgess and town council duly elected as aforesaid, and their successors, shall be one body politic and corporate in law, by the name and style of "The burgess and town council of the borough of Covington," and and shall have perpetual succession; and the said burgess and town council aforesaid and their successors shall be capable in law to receive, hold, and possess goods and chattels, lands and tenements, rents, liberties, jurisdiction, franchises, and hereditaments, to them and their suecessors in fee simple or otherwise, not exceeding the yearly value of ten thousand dollars, and also give, grant, sell, let, and assign the same lands, tenements, and hereditaments and rents; by the name and style aforesaid they 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 whatsoever, and to have and use one common seal, and the same from time to time at their will to change and alter.

SECTION 4. That if any person duly elected as burgess or a member of town council or constable, and having received notice thereof as aforesaid, shall refuse or neglect to take upon himself the execution of the office to which he shall have been elected, every person so refusing or neglecting shall forfeit and pay a sum not exceeding twenty dollars, which fine and all other fines and forfeitures incurred and made payable in pursuance of this act or of the by-laws or ordinances of the town council, shall be for the use of the corporation.

SECTION 5. That the burgess, town council, and constable, and each of them, before entering upon the duties of their respective offices, shall take an oath or affirmation before any justice of the peace of said county to support the Constitution of the United States and of this State, and to perform the duties of their respective offices with fidelity; and the certificate of such oaths or affirmations shall be filed among the said corporation.

SECTION 6. That the school directors elected under this act shall perDuties of school form the same duties and possess the like powers in all respects as school directors elected agreeably to the general laws of this Commonwealth. SECTION 7. That the constable of said borough shall have the power ough constable. and authority vested by the laws of this Commonwealth in the constables of the different townships in said county; and the constable elected and appointed as aforesaid shall have full power and authority to execute any process directed to the high constable of said borough: Provided, Said constable be subject to the same regulations and penalties as are provided and contained in the laws now existing or that may hereafter exist concerning constables in this Commonwealth.

Quorum.

By-laws.

SECTION 8. That it shall be the duty of the burgess and town council, five of whom shall constitute a quorum, to hold meetings from time to timé, as occasion may require, at which meetings the burgess shall preside, or in his absence or inability a member pro tem., and enact such by-laws and make such rules, regulations, and ordinances as shall be determined by a majority of them necessary to promote the peace, good order, benefit, and advantage of the said borough, particularly of providing for the regulation of the markets, improving, repairing, and keeping in order and regulating the pavements, streets, roads, lanes, alleys, and high