row money. three dollars to the said company, to be recovered before a justice of the peace in an action of debt. SECTION 14. That in case the said company shall, from want of Company authorized to bor- means, be unable to carry on their said works to completion, according to the intent and meaning of this act, then it shall and may be lawful for the said company to borrow any sum or sums of money, not exceeding in the whole five thousand dollars, for such time and for such rate of interest as may be agreed on, and secure the same by judgment or mortgage on the land, works, and property, and franchises of the said company, which judgment, when given on mortgage on the land, works, and property, and franchises of the said company, which judg. ment, when given or mortgage, when executed is hereby declared to be a good and valid lien thereon, to all intents and purposes, and in case of sale of said land, works, and property, and franchises, under and by virtue of said mortgage, or judgment, or otherwise, the purchaser or purchasers shall become invested with all the rights, privileges, and franchises and powers granted to said company, and shall annually elect directors as herein prescribed so far as the same is applicable, and shall be subject to all the duties and liabilities herein contained, and conduct the affairs of said corporation, in pursuance of the provisions In case of sale of said works, borough of Honesdale au thorized to purchase. Annual state ment. Commencement of the work. of this act. SECTION 15. That in case of a sale said works and franchises of said company, the borough of Honesdale may, at any time thereafter, by paying the owner of said property and franchises the amount for which the same may have been sold, together with the costs of maintaining or completing said works, with teu per cent. interest thereon, deducting therefrom any dividends, may become the owner of said property and franchises, and invested therewith, and the town council of said borough shall be ex-officio managers of said company, and the business shall be conducted in the corporate name of said company, subject in every respect to the provisions of this act. SECTION 16. That the treasurer of said company shall annually make a statement of the financial affairs of said company, showing the receipts and expenditures and such other information as he may deem necessary. SECTION 17. That if the said company shall not proceed to carry on and completion the said works within two years after the passage of this act, or shall not within three years thereafter complete the same, so far as to have conveyed the same within the limits of said borough, in either of these cases all and singular the rights, liberties and franchises hereby granted to the said company, shall revert to the Commonwealth. Reservation. SECTION 18. The Legislature reserves the right to repeal or annul the privileges hereby granted, if at any time they shall prove injurious to the citizens of this Commonwealth: Provided, however, That no injustice be done to the corporators. JOHN S. RHEY, Speaker of the House of Representatives. JOHN H. WALKER, Speaker of the Senate.. APPROVED-The twenty-third day of April, A. D., one thousand eight hundred and fifty-two. WM. BIGLER. No. 256. AN ACT To incorporate the village of Port Carbon, in the county of Schuylkill, 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 Boundaries. the town of Port Carbon, in the county of Schuylkill, shall be, and the Port Carbon same is hereby erected into a borough, under the name and title of erected into a "The Borough of Port Carbon," and shall be comprised within the borough. following boundaries, to wit: Beginning at a post for the corner of the borough of Pottsville, on the eastern side of the mouth of the Salem Dock, and on the northern bank of the river Schuylkill; thence up along the northern bank of said river, so as to include the State road from Pottsville to Mauch Chunk, south eighty-eight degrees and a quarter east twenty-six perches; thence north eighty-six degrees and a quarter east twenty-seven perches and six-tenths; thence north seventyfour degrees and three-quarters east twenty-three perches and four-tenths; thence north fifty-six degrees and three-quarters east twenty-seven perches and seven-tenths, to a point of deflection in the division line between the townships of Norwegian and East Norwegian; thence along said division line, south twenty degrees and three-quarters east crossing the said river Schuylkill, and through the town of Palo Alto, sixtyseven perches and five-tenths to a stone; thence north sixty-four degrees and twenty-five minutes east four hundred and thirty-four perches to a post in the west line of land late of George F. Randolph and others; thence along said line north twenty-three degrees and a quarter west twenty-nine perches and three-quarters to the north-west corner thereof; thence through a part of Newbold's addition to the town of Port Carbon, and sundry other lots, north twelve degrees and a quarter west two hundred and thirty-three perches and eight-tenths to a maple stump; thence principally through lands belonging to the Kentucky Bank south eighty-four degrees west seventy-six perches and five-tenths to a spruce; thence south sixty degrees and forty-seven minutes, west four hundred and fifty-three perches to a post in the eastern line of the borough of Pottsville; thence along said line south one degree west one hundred and eighteen perches and five-tenths to a post; and thence south twenty-one degrees and three-quarters east fifty-one perches and four-tenths to the place of beginning. SECTION 2. That it shall and may be lawful for all persons entitled Election of offito vote for members of the Legislature who have resided in said bo- cers for said borough six months previously to said election, to meet at the tavern now rough. kept by George Dougherty, or at such other place as may be appointed by the town council in said borough, on the first Monday in June next, and then and there elect by ballot one person for chief burgess, nine persons for town council, one person for town clerk, two persons for justices of the peace, one person for high constable, one for assessor, and two for assistant assessors, and annually thereafter on the first Monday of February to elect one person for chief burgess, three for town Proviso. Meeting of council. Penalty for neglect or refusal ties. council, one for town clerk, and one for assessor, and two for assistant assessors, all of whom shall be citizens residing at the time of their election in said borough previously to such elections; the inhabitants present shall elect one judge, two inspectors, and two clerks of the said election, which election shall be regulated throughout according to the election laws of this Commonwealth, so far as relates to the receiving and counting of votes; and the said election shall be opened between the hours of eight and nine o'clock in the forenoon, and shall not be closed until seven o'clock in the afternoon; the officers and clerks of said election shall respectively take and subscribe an oath or affirms tion before some lawful authority to perform their respective duties with fidelity and impartiality, and after the said election has been closed. they shall publicly declare the persons having the greatest number of votes to be duly elected, and in case two or more candidates shall have the same number of votes, the preference shall be determined by lot drawn in the presence of inspectors and clerks by the said judge; the said judge and inspectors shall, within twenty-four hours after the closing of said election, give notice in writing to the candidates elected, and shall make out a return under their hands containing the names of the candidates, and the number of votes given for each, and deliver the same to the town clerk, who shall hand over the said returns to the town council at their first meeting, which return shall be filed with the papers belonging to the corporation; and if it shall happen through neglect or otherwise, that the first election should be holden on the day aforesaid as herein provided, it shall be the duty of one of the justices of the peace residing in said borough, or in case of refusal or neglect or inability of said justice to act, then the constable residing in the borough to give at least eight days' notice of such election by at least six advertisements set up in the most public places in the borough: Provided, That the members and officers of the said corporation shall continue to exercise all the powers and perform all the duties given to and enjoined upon them by this act, until their successors are duly elected or appointed. SECTION 3. That the said council shall meet on the first Wednesday after the first election to receive and examine the returns of their elec tion, and shall divide themselves by lot into three classes of three members each; the first to hold their seats for one year, the second class to hold their seats for two years, and the third class to hold their seats for three years, so that each year thereafter three members may be elected who shall hold their office for three years, and the chief burgess shall be president of the council for the [term] which he may be elected as council, whose duty it shall be to sign all ordinances, to convene the board when occasion may require, and to perform such other duties as may be enjoined upon him by ordinance of council, and in his absence they shall elect a president pro tempore who shall have the same autho rity and perform the same duties as the president. SECTION 4. That any person duly elected to any office provided for by this act, who shall refuse or neglect to take upon himself the duties to perform du of said office, or having entered upon said duties shall neglect or refuse to discharge the same, shall forfeit and pay for every such offence the sum of ten dollars, which fine, and all others under this act, shall be paid into the treasury of the corporation, and are made recoverable as sums of like amount are now by law recoverable before any justice of the peace resident in said borough: Provided, That any person or persons aggrieved by the judgment of any justice in such case where the sum in dispute shall exceed the sum of five dollars may appeal to the Court of Common Pleas of said county upon the same condition and Proviso. in the same manner now provided by law for the granting of appeals from the judgment of justices of the peace: And provided further, Proviso. That no person shall be compelled to serve more than one year in every term of three years. SECTION 5. That it shall be the duty of the assessors elected under Duties of assesthe provisions of this act to value all property, offices, trades, and pro- sors. fessions, and rate all single freemen now taxable by the laws of this Commonwealth according to the best of their judgments, and make return of such assessment in such form, and at such times, as the council if by ordinance shall direct: Provided, That the borough tax shall not in Proviso. any one year exceed one per cent. on the dollar in the assessed value of the property: And provided further, That all taxes levied by the coun- Proviso. :cil shall be recovered in the same manner as county rates are or may hereafter be recoverable. SECTION 6. That the town clerk shall perform all the duties required Duties of town of the secretary in the act regulating boroughs, passed third April, one clerk. thousand eight hundred and fifty-one. SECTION 7. That the burgess, president of the council and treasurer, Board of appeal. or any two of them, shall constitute a board of appeal; and prior to the collection of any borough tax they shall appoint a day for the hearing of appeals, of which, and the amount of his or her tax, and the place of holding the same, the collector shall notify each taxable by a written notice. SECTION 8. That the territory within the limits of the said borough Separate elecshall be a separate election and school district, the elections to be held tion district. at the place where the borough elections are or may hereafter be held, and in all other respects shall be separate from every township in said county. SECTION 9. That the officers and clerks of the borough election shall Compensation. be allowed each one dollar per day for holding said election, which with such compensation to such other officers of said borough as shall be fixed or allowed by the council shall be paid out of the borough trea sury. SECTION 10. That as soon as practicable after the organization of Survey and said borough, the council shall cause to be made an accurate survey and draft of boundraft or plot of the boundary lines, streets, roads, lanes, alleys, and public dary lines, &c. squares or grounds of said borough, and as soon as the same shall be completed, the burgess shall give notice in at least one newspaper printed in said county, that upon a certain day therein named said draft or survey will be the subject of appeal to the council, and on said day the council shall hear any objection that may be made to the same, and shall adjudge and determine whether any and what alterations shall be made therein, after which they shall cause to be made a duplicate copy of said survey or draft or plot determined by council as aforesaid to be correct, and the same shall be deposited in the office of the clerk of the Quarter Sessions of said county, and the other copy after having been first recorded in the office for the recording of deeds in said county shall be filed and kept with the papers of said corporation, and the said draft so recorded, or a copy thereof, shall be conclusive as to the courses and width of the streets, roads, lanes, or alleys, et cetera, in said draft mentioned and described. SECTION 11. That there shall be annually elected by the electors of Election of ausaid borough three auditors, who shall within one month after their ditors. election audit, settle, and adjust the accounts of the several officers of said borough for the preceding year, and publish in one of the newspapers of the county a full statement of the same, showing the amount of Subject to pro visions of certain act. tax assessed and collected, and all moneys paid into the treasury, and the items and totals of expenditures. SECTION 12. That the said borough of Port Carbon shall be subject to all the provisions, so far as they are not inconsistent with this charter or the act entitled "An Act regulating boroughs," passed the third April, one thousand eight hundred and fifty-one. APPROVED The twenty-third day of April, A. D., one thousand eight hundred and fifty-two. WM. BIGLER: Borough of erected. Elections in No. 257. AN ACT To incorporate the town of Hughesville, in the county of Lycoming, into a 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 the town of Hughesville, in the county of Lycoming, and territory included within the following boundaries, to wit: beginning at a point on the land of Edward Lyon; thence running south forty and a half degrees west two hundred and ten perches, to a point on the lands of Abraham Bodine; thence south forty-nine and a half degrees east seventy-eight perches, to a point on the lands of Thomas Ellis ; thence north forty and a half degrees east two hundred and fifty-one perches, to a point on the aforesaid lands of Edward Lyon; thence north seventynine degrees west ninety perches to the place of beginning, is hereby erected into a borough, to be called and styled the borough of Hughesville. SECTION 2. That it shall and may be lawful for all persons entitled said borough. to vote for members of the Legislature, who shall have resided in said borough six months preceding such election, to meet at the usual place of holding the general election in Hughesville, on the third Friday in May, of the present year, and on the third Friday in February, in each year hereafter, and then and there elect, by ballot, one reputable citi zen residing in said borough, for burgess, to be styled "Burgess of the Borough of Hughesville," members of a town council, and a high constable; that is to say, at the first election six persons qualified to serve as members of the House of Representatives of this Commonwealth, to compose the town council, two of whom shall serve for one year, two for two years, and two for three years, to be determined by lot; and at |