5 May 1876 § 2. summary conviction, as for a breach of the peace, before any alderman, magistrate or justice of the peace of said boroughs or incorporated towns. P. L. 112. 24 May 1878 § 1. P. L. 118. 109. The proper authorities of any borough of this commonwealth, owning or controlling water-works for the supply of water to the inhabitants of said borough, May change rates whenever the schedule of water rents shall have been fixed or limited by general or special act of assembly, shall be and are hereby authorized to change the rates or schedule of rents, from time to time, so that the same shall not, at any time, exceed the rates now limited by law. of water-rent. 3 June 1885. P. L. 55. 110. The town council of all boroughs now incorporated in the commonwealth, or that may hereafter be incorporated, are hereby authorized and empowered to pass such ordinances as may be necessary to regulate or prevent the erection of any erection of wooden wooden dwelling-house, shop, warehouse, stores, carriage-house, stable, or other frame tenement within the limits of the respective boroughs. May regulate the buildings. 7 May 1887. P. L. 93. May grant auction eers' license. Who may auction without a license. To be in addition to other licenses. 10 June 1885. P. L. 81. May make con ing water outside of limits. 111. It shall be lawful for the councils of the incorporated boroughs of this commonwealth to regulate and license persons or firms engaged in the business of auctioneering goods, wares and merchandise of whatever kind within said boroughs, respectively, and to fix the amount to be paid by the same: Provided, That this act shall not apply to persons or firms regularly engaged in business, for the space of three months, within said boroughs, who may desire to sell out their stock of goods to retire from business, or to reduce stock: And provided further, That the license herein authorized shall be in addition to all other licenses now required by law. 112. Whenever any borough of this commonwealth is authorized by law to erect and maintain water-works for supplying water within the limits of such borough, it shall and may be lawful for the authorities of any such borough, whenever tracts for supply they may deem it advisable so to do, to supply and to make contracts, for supplying water for ordinary and domestic uses to corporations, property owners, lessees or occupants outside the limits of such borough, at water rates not less than those required to be paid by property owners within the limits of such borough: Provided, That nothing herein contained shall conflict with the corporate rights of any water company, or of the rights of the municipal authorities of any other borough.(g) Rates. 24 June 1885 § 1. P. L. 163. Election as to expediency of water-works. Ibid. § 2. 113. In all boroughs, where authority is given by law to all or any of them to construct and provide water-works for the same, and where, by the provisions of said law, the qualified voters of any borough or boroughs have the right to determine by vote the expediency of constructing said works, the corporate authorities thereof are directed and required, whenever heretofore or hereafter the question of said expediency has been or shall be submitted to a vote, at a special election called for that purpose, and has been, or shall be determined in favor of such expediency, and the construction of said works has not been, or shall not be commenced within four years after holding said special election, to order another election to determine by vote the expediency of constructing such works. 114. Where the construction of said works has not been commenced within four When second elec- years, as provided by the first section of this act, such works shall not thereafter be constructed by any borough or boroughs, until the expediency thereof has been determined by another election as provided by said section. tion necessary. 17 April 1889. P. L. 34. Town council authorized to make and repair wharves, &c. And regulate same. May lease and col lect rents. Term of lease. Act not to abridge powers of Philadelphia port wardens. 22 April 1889 § 1. P. L. 39. Borough may tax hacks and other vehicles. Ibid. § 2. Enforcement of ordinance. 20 May 1891 § 1. P. L. 90. 115. The town council of all boroughs now incorporated in the commonwealth, or that may hereafter be incorporated, are hereby authorized and empowered to erect, make and repair wharves and docks, to regulate and fix the rate of wharfage for all public wharves and docks within their respective limits, and to enforce the collection of wharfage for the use of the same, and also to regulate the stationing or anchoring of vessels, boats or rafts within their respective limits, and the depositing of freight or lumber on the said public wharves. And also to lease all, or any portion of such wharf or wharves, and collect rent therefor by distress or otherwise, as now provided by law for the collection of rents: Provided, That no one term of such lease shall be for a longer period than three years: And provided further, That this act shall not in any way abridge or interfere in any manner with the powers now vested by law in wardens for the port of Philadelphia, or the harbor-master of said port. 116. The town council of each borough now incorporated within this commonwealth, or that may hereafter be incorporated, shall have power to enact ordinances establishing reasonable rates of license tax on all hacks, (h) carriages, omnibuses and other vehicles used in carrying persons or property for pay, and limit the compensation for the same within the limits of said borough. 117. That said ordinance shall be enforced as other borough ordinances are by law enforced, and the license tax shall be collected as other licenses, taxes, fines and penalties are now authorized by law to be collected. 118. From and after the passage of this act, all boroughs now incorporated or that may hereafter be incorporated, shall have the right to manufacture electricity for commercial purposes for the supply and use of the inhabitants of said boroughs, (g) See act 25 May 1887, P. L. 267, tit. "Eminent Domain." (h) This act is not unconstitutional. Borough v McGeorge, 146 P. S. 248. and may introduce the arc or incandescent electric light or any other form or style 20 May 1891 § 1. of electricity that may be deemed most expedient and desirable, and said boroughs P. L. 90. may enact such ordinances as may be proper and necessary to introduce and supply May manufacture the inhabitants of said boroughs who may desire to use the said electricity in their electricity for commercial purdwelling-houses, store-rooms and other places in said boroughs, and regulate by poses. ordinances the price to be charged for the same: Provided, That in all boroughs so Works now desiring to furnish electric lights, where electric-light companies organized under erected. laws of this commonwealth are already furnishing electric lights to such borough or the public, such borough shall endeavor, and is hereby authorized and empowered, to purchase the works of such corporation at such price as may be agreed upon by councils of said boroughs and a majority in value of the stockholders of such corporation. Ibid. Petition for 119. In case of failure so to agree, such borough may present a petition to the court of common pleas of the county in which such borough is located, asking for the appointment of viewers to assess the value of the plant and works so taken; viewers. whereupon the court shall appoint seven discreet and disinterested freeholders of said county, neither of whom shall be stockholders in said corporation or tax-payers in said borough, and shall appoint a time for their meeting, of which meeting ten days' notice shall be given to all parties in interest. And the said viewers having first been duly sworn or affirmed, faithfully, justly and impartially to appraise said property, and having viewed the premises and taken such testimony as may be offered by either party touching the value of said property and franchises, they shall estimate and determine what amount of damage has been or may be sustained by such corporation, and to whom payable, and make report thereof to the said court, which report having been confirmed by the said court, judgment shall be entered thereon. 120. Each of said viewers shall be entitled to receive two dollars for each day necessarily employed in the performance of the duties herein prescribed. 121. Either party may at any time, within thirty days after the confirmation of such report, appeal therefrom to the said court. 122. After such appeal either party may put the cause at issue in the form directed by said court, and the same shall then be tried by said court and a jury, and after final judgment either party may have an appeal to the supreme court in the manner prescribed in other cases. 123. The court shall have power to order what notices shall be given in connection with any part of the proceedings, and may make all such orders connected with the same as may be deemed requisite. Ibid. Compensation of viewers. Appeal. Ibid. Ibid. Trial of appeal. Notices. Ibid. Ibid. 124. If any exceptions be filed with any appeal to the proceedings, they shall be speedily disposed of, and if allowed, a new view shall be ordered, and if disallowed, Exceptions. the appeal shall proceed as before provided. 125. Before any debt shall be contracted or incurred by any borough for the manufacture of electricity for the purposes mentioned and specified in section one of this act, the question of the right to increase the debt of said boroughs for said purposes shall first be submitted to the qualified voters of said boroughs, in the inanner now provided by law for the increase of the indebtedness of municipal corporations in this commonwealth. Ibid. § 2. Increase of indebtedness. Ibid. § 8. 126. The provisions of this act shall apply to all boroughs now incorporated which have already provided a plant for the manufacture of electricity for lighting Act to apply to all said boroughs at public expense, or for commercial purposes for the use of the in- boroughs now habitants of said boroughs, and all indebtedness heretofore contracted or incurred owning plants. by said boroughs, in pursuance of a vote of the electors of said boroughs in the Indebtedness manner now provided by law for the increase of the indebtedness of municipal cor- ca porations in this commonwealth, is hereby made valid and confirmed. contracted made P. L. 210. Burgess and town councils may widen and deepen streams. 127. The burgess and town council of all boroughs now incorporated in this 8 June 1891 § 1. commonwealth or that may be hereafter incorporated, are hereby authorized and empowered to widen and deepen all streams and water courses running through and within the same, and to erect such dykes and embankments along the same as shall be necessary to prevent the water therein from breaking through or overflowing the banks thereof. And the burgess and councils thereof are hereby authorized and empowered, for such purposes, to enter upon private property on and along such streams and water courses. Ibid. § 2. 128. The burgess and council of said boroughs shall severally have full power and authority, within the limits of their respective boroughs, to enter upon any Maintenance of land or enclosure lying near to such streams and water courses, and to dig, gather embankments. and carry to the banks of said streams and water courses, any stones, timber, sand, earth and gravel found thereon which they may deem necessary for the purpose of making, maintaining and repairing the embankments along such streams and water courses, when the same cannot be obtained by contract at reasonable prices, doing no unnecessary damage to the owner or owners of said lands, and repairing any breaches of fences which they shall make. Ibid. § 3. 129. The burgess and council of any borough as aforesaid, are hereby authorized and empowered to use and appropriate for the payment of the cost of the work How work shall and material provided for in this act, any moneys of the said boroughs applicable be paid for. 8 June 1891 § 3. P. L. 210. Ibid. Damages. 1 April 1884 § 5. P. L. 164. to the ordinary expense of making and maintaining the streets and bridges thereof. 130. Any person aggrieved or claiming to have suffered damage by reason of any ordinance of the burgess and council of any borough in this commonwealth, passed in pursuance of this act, may complain to the court of quarter sessions of the proper county, and thereupon proceedings in said court may be had to fix and determine said damages, and the rights of all parties interested, in the same manner and subject to the same conditions as is provided by existing laws in the case of the laying out, widening, opening and straightening, of roads, streets, lanes, alleys, courts, common sewers, foot-walks, pavements, gutters, cut-outs and drains or other proper regulations thereof, in boroughs of this commonwealth. VIII. Borough elections. 131. The inhabitants of every borough hereafter incorporated, entitled to vote for members of the general assembly, having resided within the said borough at Election of burgess least six months immediately preceding the election, and within one year paid a and town council. borough tax, shall have power, on the days, and at the places directed by the courts of quarter sessions of the proper county, to meet, and then and there, between the hours of one and six in the afternoon, to elect by ballot one citizen residing therein, who shall be styled the burgess, and five citizens to be a town council, and shall also elect as aforesaid two citizens, who shall be overseers of the poor, if necessary, and one citizen as town constable, all of whom shall be resident in said borough; [but previous to the opening of said election, such of the inhabitants as are present at the place of election, shall elect two citizens as judges, one as inspector, and two as clerks of said election,](i) which shall be regulated and conducted throughout, according to the general election laws of this commonwealth, and who shall be subject to the same penalties for malpractices as by the said laws are imposed; and the said judges, inspectors and clerks, before they Election officers to enter on the duties of their respective offices, shall take an oath or affirmation before some justice of the peace to perform the same with fidelity, and after the said election shall be closed, shall declare the person or persons having the greatest number of votes to be duly elected to their respective offices; and in case two or more have any two or more candidates shall have an equal number of votes, the preference shall be determined by lot, (k) to be drawn by the inspector in the presence of the judges and clerks, whereupon duplicate certificates of said election shall be signed by the said judges, one of which shall be transmitted to each of the persons elected, and the other filed among the records of the corporation; and it shall be the duty of the constable for the preceding year() to give notice in writing to Elections to supply each of the persons so elected; and in case of the death, resignation, removal or refusal of any person so elected, or if it should at any time happen, that no election should be holden on the day and in the manner aforesaid, (m) the burgess shall issue his precept, directed to the high constable, to hold an election in manner aforesaid, to supply such vacancy, giving at least eight days' notice, by six advertisements set up in the most public places in said borough: Provided, That the citizens of said borough shall be entitled to vote at the first election, although they have not paid a borough tax.(n) be sworn. Their duties. Proceedings where an equal number of votes. Constables to notify persons elected. vacancies. Ibid. § 6. Penalty for refus ing to accept office. 132. If any person duly elected as burgess, member of town council or high constable as aforesaid, and having received notice thereof as directed by this act, shall refuse or neglect to take upon himself the execution of the said 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 person so refusing or neglecting shall, for every such offence, forfeit and pay the sum of twenty dollars, which fine and all other fines and forfeitures incurred and made payable in pursuance of this act or any of the by-laws and ordinances of any borough, shall be for the use of the proper borough, and shall be recovered before any justice of the peace, in the same manner that debts not exceeding one hundred dollars are by law recoverable, and when so recovered shall be forthwith paid to the treasurer of said borough, and all other money received by any officer for the use of said borough shall be forthwith paid to the said treasurer: Provided, that no person elected as aforesaid shall be liable to a fine for refusing or neglecting to serve more than once in four years.(nn) (i) See infra 134-5, 138. (k) In case of a tie the council, under the act 1 June 1883, must decide. Watson's Election, 3 C. C. 486. (1) This is the high-constable of the borough, not the constable mentioned in the act of 1851. Scranton Borough Election, Bright. Elect. Cas. 455, 465. (m) This section is in force so far as relates to elections to fill vacancies in charter offices. Scranton Borough Election, Bright. Elect. Cas. 455. (n) This section is superseded by the act 2 June 1871, P. L. 283, infra 144, fixing the number of councilmen at six and giving power to the courts to change the charter of any borough so as to authorize P. L. 325. 133. Borough elections shall be held in accordance with and subject to all the 8 April 1851 § 14. provisions of the laws regulating township elections, so far as applicable, (o) unless otherwise provided for in the charter. Ibid. § 15. 131. The election of borough officers shall be at the time and place appointed by law for the choice of inspectors of the general election, unless otherwise pre- When borough scribed in the charter. officers chosen. 135. Every person entitled to vote for members of the general assembly, having Ibid. § 16. resided in the borough six months immediately preceding the election, and within What persons en one year paid a borough tax,(p) if such shall have been levied, shall be entitled to titled to vote. vote at the borough election. 136. It shall be lawful for the borough electors annually to elect: I. The corporate officers designated in the charter or by this act. Ibid. § 17. Officers to be elected. III. One assessor and two assistant assessors, when required by the laws of this Assessors. commonwealth. IV. One borough auditor, to serve three years. Auditor. VI. Two overseers of the poor, if necessary, who shall perform the duties and be Overseers. subject to the provisions of the law respecting township officers and elections. 137. That section seventeen of an act, entitled "An act regulating boroughs," 1 June 1883 § 1. approved April 3d, 1851, be and the same is hereby repealed, in so far as the P. L. 55. same relates to the annual election of members of town council. Repeal. Ibid. § 2. of electing town 138. It shall be lawful for the qualified voters of the boroughs in the commonwealth of Pennsylvania, not now enjoying this right by special statutes, at the first election for borough officers, next ensuing the passage of this act, to elect Time and manner one-third the whole number of councilmen to serve for one year, one-third to serve council. for two years, and one-third for three years, and annually thereafter to elect onethird of the whole number to serve for three years: Provided, That in boroughs in which the chief burgess is one of six members of town council, the chief burgess shall be elected annually, and at the first election held for borough officers two of the councilmen shall be elected for one year, three for two years, and at succeeding elections two for three, alternately, for a term of two years. Ibid. §8. In boroughs hav three. 139. It shall be lawful for the qualified voters of the boroughs in the commonwealth of Pennsylvania, which have an even number of councilmen not divisible by three, and which do not enjoy the right by special statutes, at the first ing even number election for borough officers next ensuing the passage of this act, to elect one-half not divisible by the whole number of councilmen for one year, one-half for two years, and annually thereafter to elect one-half of the whole number for two years: Provided, That Terms to be stated at the first election for borough officers, held after the passage of this act, the on ballots. voters shall put on their ballots the names of those who are to be elected for the different terms. Ibid. § 4. 140. The members of town councils shall have power to fill any vacancy which may occur therein by death, resignation, removal from the borough, or otherwise, Vacancies, how until the next annual election for members of town council, when such vacancy filled. shall be filled by electing a qualified citizen to supply the same, for the balance of the unexpired term. 141. Electors shall be eligible to borough offices. 112. The officers elected shall serve until others are duly elected and qualified. 143. Certificates of the election of all borough officers shall be filed among the records of the corporation. 3 April 1851 § 18. P. L. 325. Ibid. § 19. Ibid. § 20. P. L. 284. 141. The number of members of any town council of a borough where the number is now fixed at five, shall be hereafter six, and in boroughs hereafter incorpo- 2 June 1871 § 2. rated under general laws, the number of such councilmen shall be six; but the several courts of the commonwealth, having jurisdiction to incorporate boroughs, Number of councilmay, in granting an incorporation, or upon application made to them for the pur- men. pose, fix or change the charter of any borough so as to authorize the burgess or chief executive officer thereof to serve as a member of the town council, with full powers as such, and to preside at the meetings thereof.(9) P. L. 344. adopted. 145. To the end that the electors of Bloomsburg(r) may exercise their right of 4 March 1870 § 4. suffrage freely, and without undue constraint, and may obtain for themselves complete representation in their local government, the plan of the free vote shall be system of cumulawful, and is hereby authorized, in the election for officers of said town, and for lative voting all officers to be chosen by them exclusively; and in every case where more persons than one are to be chosen in said town to the said office, for the same time or term of service, each voter, duly qualified, shall be entitled to as many votes as the number of persons to be so chosen, and may poll his votes as follows, to wit: (0) As a necessary incident, the court has power to inquire into the validity of the election of those borough officers, who are similar to township officers, such as assessors, &c. Scranton Borough Election, Bright. Elect. Cas. 455. () This qualification is only applicable to voters for corporate officers, not to electors of assessors, auditors, constables, overseers or school directors. Scranton Borough Election, Bright. Elect. Cas. 455. (7) See note (e) to pl. 131. (r) Extended to all elections for members of town councils, infra 148; but abolished by act of 1873, infra 149. 4 March 1870 § 4. P. L. 344. How votes may be cumulated or divided. Form of ballots. To apply to elections of school directors, &c. Ibid. § 5. Vacancies, how filled. 2 June 1871 § 3. P. L. 284. I. Where two persons are to be chosen, he may give one vote to each of two candidates, or two votes to one. II. Where three persons are to be chosen, he may give one vote to each of three candidates, two votes to one candidate and one to another, one vote and a half to each of two candidates, or three votes to one. III. Where four persons are to be chosen, he may give one vote to each of four candidates, one vote and one-third to each of three, two votes to each of two, or four votes to one. IV. Where six persons are to be chosen, he may give one vote to each of six candidates, one vote and a half to each of four, two votes to each of three, three votes to each of two, or six votes to one. 146. In every case the candidates highest in vote shall be declared elected; whenever a voter shall intend to give more votes than one, or to give a fraction of a vote, to any candidate, he shall express his intention, distinctly and clearly, upon the face of his ballot, otherwise, but one vote shall be counted and allowed to such candidate; this section shall apply to the choice of school-directors, and of all officers to be chosen exclusively by the electors of said town, whenever its application shall be possible. 147. Vacancies in any of the offices of said town may be filled by appointments to be made by the court of quarter sessions of the peace of Columbia county except as herein otherwise provided; but any appointment so made shall be of an elector of said town, who shall have voted for the officer or person whose place is to be filled; when one or more vacancies shall exist from a failure to elect at an annual election, or two or more vacancies shall exist in the same office from any other cause, the said court may order an election to fill the same, at such time, and upon such reasonable notice, as the judges thereof may think proper; but any vacancy in the office of president of the town council, occurring more than twenty days before a general election next after such president shall be chosen, shall be filled at such general election; this section shall apply to vacancies in all offices before mentioned, except those of justice of the peace and director of common schools. 148. In elections for members of town councils each voter may, at his option, bestow his votes singly upon six candidates, or cumulate them upon any less number, in the manner authorized by the fourth section of the act to define the limits elections for coun- and to organize the town of Bloomsburg, approved March 4th, 1870; and vacancies Extended to all cilmen. 28 March 1873 § 1. P. L. 58. in any such council shall be filled in the manner provided in the fifth section of the same act; but nothing herein contained shall be held to regulate or affect the manner of choosing the burgess or other principal executive officer of a borough, even when he shall be authorized to serve as a member of the towncouncil. 149. That so much of the third section of the act, approved the 2d day of June, Anno Domini 1871, entitled "An act for the further regulation of boroughs," as Cumulative voting authorizes each voter to bestow his votes for town council singly upon six candidates, or cumulate them upon a less number, be and the same is hereby repealed. abolished. 24 March 1877 § 1. P. L. 36. Vacancies in borough offices, how supplied. 8 April 1851 § 3. Duties of officers. 150. Upon the petition of the councils of any borough heretofore incorporated, or hereafter to be incorporated, within this commonwealth, to the court of quarter sessions of the proper county, representing that any vacancy or vacanies in their own body, or in any other borough offices, exists, said court shall have the right and authority to fill such vacancy by appointment; said appointees to hold office until the succeeding municipal election: Provided, That this act shall not be construed to change the manner of filling any such vacancy, in any borough where such authority now exists, by general or special law. 151. It shall be the duty of the corporate officers, a majority of whom shall be a quorum:(s) 152. I. To meet statedly at least once a month, and within ten days after the election of any corporate officer. 153. II. Before entering upon the duties of their offices, to take and subscribe an oath or affirmation, before any judge or justice of the peace of the proper county, to support the constitution of the United States and of the commonwealth of Pennsylvania, and to perform the duties of their respective offices with fidelity; and the same shall be entered upon or filed among the records of the corporation: Provided, That the chief officer of the corporation, having been first duly qualified, may administer to the other officers the said oaths and affirmations. (8) In Price v. Beale, 34 L. I. 243, the court of common pleas of Chester county decided, that the eighth section of the act of 1834, P. L. 165 (omitted from the digest), was still in force; and, consequently, that the burgess had a right to preside in the town council. Directly the contrary was decided by the common pleas of Schuylkill county, in Commonwealth v. Kepner, 10 Phila. 510; and in the common pleas of Luzerne county, in Loomis v. Wilkesbarre, 6 Luz. L. Reg. 150. Whether the author is in the right in omitting this section, is yet to be authoritatively settled. The omitted section provides, that the burgess shall be president of the town council, and shall have and exercise all the rights and privileges of a member thereof; but in case of the absence of the burgess, the members present may elect one of their number to preside for the time being. |