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and assess the amount of damages, if any, according to equity and justice, and make report thereof to the Legislature as soon as practicable.

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APPROVED The third day of May, one thousand eight hundred and

fifty.

WM. F. JOHNSTON.

No. 507.

AN ACT

Erecting the village of Strattanville into a borough.

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 the territory situate in the township of Clarion, Clarion county, included within the following boundaries, to wit: Beginning at the northeast corner of Thomas Young's wood lot, thence north six and one-half degrees, west one hundred rods to a post in Andrew Owen's field, thence south eighty perches to a post, thence north six and one-half degrees, east one hundred perches to a post, thence north to the place of beginning, is hereby erected into a borough, which shall be called and styled the "Borough of Strattanville.”

Boundaries.

Annual elec

tion.

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 February next, and annually thereafter on the same day which now is or may be fixed by law for the election of constable and other township officers within this Commonwealth, meet at the west end of the school house in said borough, and then and there between the hours of ten A. M. and seven P. M., elect by ballot one of the citizens who shall be styled the burgess of said borough, and four other Officers. citizens to be members of the town council, one 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

Proviso.

Proviso.

Certificates of the certficate of the election of burgess and town council and other election, when borough officers shall be filed among the records of the corporato be filed. tion; 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, 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 election to be held under this act it shall be the duty of Samuel Johnson to give notice and perform all 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.

Justices of the peace, &c., to

hold their offices under general election law.

cil.

SECTION 3. That the justices of the peace, constable, school directors, 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.

Penalty for reSECTION 4. That if any person duly elected burgess or member of fusing to act as the town council, and having received notice thereof as directed by this burgess or coun- act, shall refuse or neglect to take upon himself the execution of the office to which he shall have been elected, or having taken upon himself such duties shall neglect to discharge the same according to law, every such person so refusing or neglecting shall for every such offence forfeit and pay 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 Strattanville as debts of like amount are by law recoverable: 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 exonerate any constable or other officer from payment of any fine or penalty imposed by the existing laws, or that may hereafter be enacted for refusing to serve in such office.

President.

Meeting of burgess and town council.

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 case 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 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 on the duties of his Burgess to be office shall take and subscribe an oath or affirmation before a justice of sworn. the peace of the county of Clarion 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 Council to be constable, town clerk, and such other officers as shall be elected or ap- sworn. pointed 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 re

cords of said corporation.

SECTION 8. That from and after the third Friday of February next,

the said burgess and town council duly elected and their successors, shall When this act be one body corporate and politic by the name and style of the "Borough takes effect. of Strattanville," 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 action whatever, and to have and to 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 deem neces- By-laws. sary 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 granted to 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 ten mills on the dollar, except by consent of two-thirds of the votes polled at any general election for township officers of said borough.

be opened and

SECTION 10. That the town council shall have authority to obtain materials for improving the streets, lanes, and public grounds, and order Streets, how to and direct the manner and ways in which the same shall be improved, and repaired. 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 the town council shall be allowed such compensation as the council may fix and agree, but the members of the council themselves shall not receive any compensation for their services as members of council. The council may remit any fines or penalties that may be incurred by and under this act, or any of the by-laws or ordinances, when in their judgment it may be

Proviso.

Taxes, how collected.

Proviso.

Town clerk, duties of.

Treasurer,

duties of.

proper so to do: Provided, No by-law, rule, regulation, or ordinance shall be repugnant to the Constitution and laws of the United States or of this Commonwealth, and that no person shall be subject to any fine or punishment for a violation of any by-law or ordinance of said borough until after six days shall have expired, the promulgation thereof, by at least four copies of the same, being put up at the most public places within said borough and signed by the burgess 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 services as may be enjoined on him by the same.

SECTION 11. 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 collector of county rates and levies, and may be proceeded against in the same manner that the county treasurer or county commissioners are authorized by law to proceed against the collector of county taxes when they neglect to collect or pay over the amount of their duplicates according to law: Provided, That the town council may hold appeals, hear any complaints in relation to the assessment of the said taxes, and grant relief as may seem best at any time, and also exhonerate the collector from the payment of any taxes that may be impracticable to collect. And in all cases of any tax assessed upon any vacant or unseated land in said borough and the taxes remain unpaid, it shall be lawful for the collector to certify the same to the commissioners of said county in the same manner as the supervisors of the roads are authorized by law to return road taxes on unseated lands, and the county treasurer shall in like manner collect the said taxes or sell and convey the lot or lots for the payment for the same, and pay the money into the treasury of the borough or to whatever it may belong: Provided also, That prior to the collection of any borough tax the collector shall inform each taxable inhabitant of the amount of his tax and of the time and place of appeal.

SECTION 12. That it shall be the duty of the town clerk to attend all meetings of the town council when assembled on business of the 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 discharge of the duties that may devolve upon him by this act or of the acts of this corporation. He shall keep a fair journal of the proceedings of the town council in a book 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 town council, 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 to do so upon demand made, he shall forfeit and pay a fine of not less than ten dollars, and to be accountable for all damages sustained by the corporation, to be recoverable as like debts and damages are by law recoverable.

SECTION 13. It shall be the duty of the treasurer to receive moneys due to the corporation, whether for fines, taxes, donations, or in any other way, and pay out the same on orders of the burgess or president

pro tem. He shall keep a fair account 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 a bond to the burgess and town council, with sureties thereon, as they may require.

Money, how

SECTION 14. That no moneys shall be drawn from the treasurer but by the authority of the council on orders signed by the president thereof, drawn out of and attested by the clerk. It shall be the duty of the town council to treasury. settle the accounts of the treasurer, street commissioner, collector of taxes, and of the several officers annually, and to cause a fair statement, shewing the receipts in the treasury and how the same shall have expended, to be published by the town clerk every year in the manner prescribed by said town council.

SECTION 15. That it shall be the duty of the high constable of the High constable said borough to give notice of the annual elections of said borough, by to give notice of setting up six advertisements in the most public places in said borough

ten days previous thereto.

elections.

SECTION 16. That the said borough shall be a separate school district, Borough, a and also a separate election district; and the annual elections in said separate school borough shall be held at the place named in the second section of this district.

act.

SECTION 17. That the constable elected under the provisions of this Constable act shall serve as high constable of said borough, unless the town council elected to act as shall deem it necessary to appoint a high constable. high constable.

J. S. M'CALMONT,

Speaker of the House of Representatives.

V. BEST,

Speaker of the Senate.

APPROVED-The sixth day of May, A.-D., one thousand eight hun

dred and fifty.

WM. F. JOHNSTON.

No. 508.

AN ACT

To re-charter the Lebanon Bank, in the county of Lebanon.

SECTION 1. Be it enacted by the Senate and House of Reprezentatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the charter of the Lebanon Bank, in the county of Lebanon, be, and the same is hereby extended and continued for the term of fifteen years from the expiration of its present charter, subject to all the restrictions and provisions, and with all the immunities and privileges contained in

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