ty, who shall finally adjust and settle the same, and the costs of such appeal shall be paid as the same court shall direct.

[Section VI.] And be it further enacted, That the said regulators or surveyors attending the said service for their trouble shall be paid by the party or parties concerned in such foundation or erecting such party wall the sum of five shillings each.

[Section VII.] And be it further enacted by the authority aforesaid, That the said surveyors or regulators or any two of them shall have full power to regulate partition fences within the said borough, and where the adjoining parties do improve or inclose their lots such fences shall be made in the manner generally used and kept in repair at the equal costs of the parties, so that the price for making exceed not fifty shillings for every hundred feet, unless the owners or possessors between whom such fence is or shall be erected do agree otherwise; and if either party between whom such partition fence is or shall be made shall neglect or refuse to pay his part or moiety for the repairing or setting up of such partition fence as aforesaid, that then the party at whose cost the same was so repaired or set up may if above five pounds have his action at law for the said moiety of such costs, and if five pounds or under the same shall be determined before either of the burgesses of the said borough or any justice of the peace of the said county, as in cases of debts not exceeding five pounds.

[Section VIII.] And be it further enacted by the authority aforesaid, That the freeholders and others within the said borough qualified by charter to elect burgesses and assistants shall meet together on the third Saturday in the month of March yearly and every year at the court-house in the said borough, and then and there by tickets in writing between the hours of ten in the morning and four in the afternoon choose two discreet and reputable freeholders in the said borough to be the supervisors of the highways and two to be assessors, which said supervisors and assessors when chosen and returned in writing under the hand of one of the burgesses of the said borough in [to] the office of [the] clerk of the county court of quarter sessions for the said county shall be the assessors of the said borough and the supervisors of the streets, lanes, [alleys], roads and high

ways thereof for the ensuing year; and if any supervisor or assessor so elected or otherwise appointed by virtue of this act shall refuse to take upon himself the said office he shall for every such offense forfeit and pay any sum not exceeding ten pounds, to be applied towards maintaining, amending, cleansing and repairing the said streets, lanes, alleys and highways.

[Section IX.] And be it further enacted by the authority aforesaid, That the said supervisors of the highways shall at least five days before the [third] Saturday in March yearly and every year give public notice in writing by affixing the same at the court-house in the said borough that the inhabitants and freeholders thereof are to meet on that day to elect assessors and supervisors for the said borough, according to the directions of this act.

[Section X.] And be it further enacted by the authority aforesaid, That it shall and may be lawful [for the said] supervisors, together with the assessors aforesaid for the time being, to lay a rate or rates in any one year not exceeding one shilling in the pound on the clear yearly value of the real and personal estates of all and every the freeholders and inhabitants within the said borough, to be employed for the amending, repairing and keeping clean and in good order the streets, lanes, alleys and highways aforesaid, agreeable to the true intent and meaning of this act.

Provided nevertheless, That the said rate or assessment shall be laid according to the best of their skill and judgment and as near as may be to the county assessment for other purposes laid in pursuance of an act, entitled "An act for raising county rates and levies," having due regard to every man's estate within the said borough without favor or affection to any person whomsoever. And the said supervisors and assessors and each of them shall before they take on themselves the duties. enjoined and required by this act take an oath or affirmation, respectively, to the effect following: That is to say,

That they will well and truly cause the rates and sums of money by this act imposed to be duly and equally assessed and laid to the best of their skill and knowledge, and therein shall

1 Passed March 20, 1724-5, Chapter 280.

spare no person for favor or affection nor grieve any for hatred or ill-will, and that they and each of them the said assessors and supervisors will diligently attend and faithfully execute their said offices, respectively, during the time of their continuance therein, according to the best of their abilities and judgment.

Which oath or affirmation the burgesses of the said borough or any one of them or any justice of the peace of the said county of Lancaster are hereby empowered and required to administer and to certify the same to the clerk of the sessions of the peace of the said county to be by him filed among the records and papers of his office.

[Section XI.] And be it further enacted by the authority aforesaid, That if any of the said supervisors or assessors so as aforesaid chosen shall refuse or neglect to take upon him or themselves the said office, respectively, or shall die or remove out of the said borough, or if the freeholders and inhabitants of the borough aforesaid shall neglect or refuse to elect or choose supervisors or assessors as is herein before directed and appointed, then and in every such case it shall and may be lawful to and for the burgesses and assistants of the said borough with one or more of the justices of the peace of the said county and they are hereby enjoined and required to appoint another supervisor or supervisors, assessor or assessors, in the room and stead of every such supervisor or supervisors, assessor or assessors, so refusing, dying or removing as aforesaid, which said supervisor or supervisors, assessor or assessors, so appointed, shall have the same powers and authorities and shall be liable to the same penalties as the supervisors or assessors so chosen by the inhabitants of the said borough in pursuance of the direction of this act, and that the supervisors and assessors shall have and receive for their trouble in rating and assesing the said rate three pence in every pound; and the said supervisors shall have and receive six pence in the pound for collecting the same and four shillings each for every day they shall attend in overseeing, employing and attending the workmen upon the public streets, lanes, alleys and highways within the said borough.

[Section XII.] And be it further enacted by the authority aforesaid, That the said supervisors before they proceed to the

collecting of the said rate shall procure the same to be allowed by the burgesses of the said borough or one of them and one or more of the justices of the peace of the said county of Lancaster, and if any person or persons so rated and assessed shall refuse to pay the sum or sums on him or them charged and shall not enter his or their appeal at the next general court of quarter sessions, that it shall and may be lawful to and for the said supervisor or supervisors (having first obtained a warrant under the hand and seal of one of the said burgesses or one of the justices of the peace aforesaid, who are hereby enpowered and required to grant such warrant) to levy the same on the goods and chattels of the person or persons so refusing; and in case such person shall not within three days next after such distress made pay the sum or sums on him or her assessed, together with the charges of such distress, that then the said supervisors or supervisor may proceed to the sale of the goods distrained, rendering to the owner the overplus, if any shall remain on such sale, reasonable charges being first deducted.

Provided nevertheless, That if any person or persons shall find him, her or themselves aggrieved with such rate or assessuent, it shall be lawful for the justices of the peace at their next general quarter sessions, upon the petition of the party, to take such order therein as to them shall appear just, and the same shall conclude and bind all parties, and the supervisors in case of such appeal shall forbear making distress until the same be determined in the quarter sessions in the manner herein directed and appointed.

[Section XIII.] And be it further enacted by the authority aforesaid, That the tenant or tenants or other persons residing on or having the care of lands of persons not residing in the said borough, his, her or their goods and chattels, shall be liable to be distrained in manner aforesaid for the payment of the said

tax.

[Section XIV.] And be it further enacted by the authority aforesaid, That where any tenant shall before the passing of this act have taken on a lease for one or more years any lands or tenements and shall pay the said rate hereby imposed on the said lands or tenements so leased or shall have his or her goods 23-VIII

and chattels distrained for the same, in such case it shall and may be lawful for the said tenant or tenants or other persons aforesaid to deduct the tax so paid out of the rent due or to become due, or for the tenant or tenants or other persons aforesaid to recover the same from the owner or owners by action of debt, together with costs of suit.

Provided always, That nothing herein contained shall make void or alter any contract heretofore made between any landlord and tenant respecting the payment of the road tax of any usage or custom in respect to the tenant's paying the said tax now subsisting between landlord and tenant.

[Section XV.] And be it further enacted by the authority aforesaid, That the said supervisors shall and they are hereby required and enjoined, as often as the said several streets, lanes, alleys and highways shall be out of repair or want cleansing, to hire and employ a sufficient number of laborers and the necessary carts or wagons to work upon, open, amend, repair and clean the same and to carry off and remove any filth, mud or dirt which shall be therein in the most effectual manner, and shall purchase all materials necessary for that purpose and oversee the said laborers and take care that the said streets, lanes, alleys and highways be effectually opened, amended, repaired and cleaned according to the regulations so made by the said regulators, according to the true intent and meaning of this act. And in order to enable the said supervisors the more effectually to discharge their duty:

[Section XVI.] Be it enacted by the authority aforesaid, That it shall and may be lawful for the supervisors aforesaid or any other person or persons by his or their order and direction to enter upon any lots or lands adjoining to or lying near the said streets, lanes, alleys and highways, and to cut or open such drains or ditches through the same as he or they shall judge necessary completely to carry off and drain the water from such streets, lanes, alleys and highways, provided the same be done with us little injury and damage as may be to the owner of such lot or land, which drains and ditches so cut and opened shall be kept open by the said supervisors if necessary for amending and keeping clean and in good order the said streets, lanes, alleys