Duties of council. dinances. SECTION 5. It shall be the duty of the burgess and town council, four of whom, with the burgess, shall form a quorum, to hold monthly meetings on the third Monday in each and every month, and oftener if occasions require; at which meetings the burgess shall preside, and in case of an equal division, give the casting vote; and the said burgess and council shall have power, at such meetings, to ordain and enact, By-laws and or revive and repeal, and amend such ordinances, by-laws, rules and regulations, as shall be deemed expedient to promote the peace, good order, benefit and accommodation of the citizens of said borough; particularly of providing for the regulations of the market, repairing and keeping in good order the streets, lanes, alleys and highways, and removing nuisances therefrom; to designate the width of side walks, to regulate the depth of vaults, sinks, drains; make permanent rules for the foundation of buildings and party walls; regulate the fences, side posts and railings along the streets; to impose fines and penalties, and to require and compel the owners of houses, stores, work shops, stables, buildings and lots, to pave the side walks on such streets, with such materials as shall, by the burgess and town council, be deemed necessary and expedient, and the same to keep in repair; and to prohibit the exhibition of shows, plays, mountebanks, jugglers and all and every other exhibition, under such restrictions, fines and penalties, as the said burgess and council shall direct; and to require and compel the inhabitants of the borough, and others occupying property therein, to clean the chimneys and stove pipes in the buildings used and occupied by them, in such manner, and as often as the said burgess and town council shall direct; and the said burgess and town council shall have power and authority to organize as many fire companies, of the citizens of said borough, as there are or shall be fire engines belonging to said borough; and that the said burgess and town council shall have power and authority to assess and apportion, raise and appropriate such taxes as may and shall, by them, be deemed necessary for carrying the said rules, ordinances and regulations, from time to time, into complete effect; they shall also appoint, annually, one or more street supervisors, a town clerk, a treasurer, tax collector, and such other officers as may be deemed necessary, and the same officers from time to time remove; and all by-laws, ordinances, rules and regulations, shall be signed by the burgess, and attested by the town clerk, and entered in the records of the corporation: Provided, That no by-laws, rules or ordinances of the corporation, shall be repugnant to the constitution of the United States, or of this commonwealth; and that no person shall be fined or punished for the breach of any by-law or ordinance, made as aforesaid, until ten days have expired after the promulgation thereof, by at least five advertisements, set up in five public places in said borough: And provided, That in assessing such tax, due regard shall be had to the valuation of taxable property, taken for the purpose of raising county rates and levies, so that the said tax shall not exceed three mills on the dollar, in such valuation for county purposes, excepting however, that in all objects of general utility, the burgess shall have a right to call a public meeting, after not less than five days' notice shall have been given, by written or printed advertisements, stating the object of such meeting, put up in not less than five public places in said borough; and if two-thirds of the citizens present at said meeting shall, by writing under their hands, agree to raise an additional tax for such purpose, then the said burgess and town council shall proceed to levy and assess such additional tax, and cause the same to be collected and paid over to the borough treasurer, in the same way and manner as is provided for by this act; all property, officers, professions and persons made Proviso. Proviso. taxable by the laws of this commonwealth for county rates and levies, shall be taxable after the said manner, by said borough; and all rates, taxes and levies rated and levied therein, shall be recovered in the same manner as county rates and levies in the county of Lancaster are by law recoverable. SECTION 6. It shall be the duty of the supervisor or supervisors to Duties of superopen the streets, repair the same, and also the lanes and alleys in said visors. borough, and to erect and repair the bridges and causeways in the same, under the direction and supervision of the said burgess and town council, excepting such alleys and bridges as are or shall be considered private property, and used as such. SECTION 7. That all claims for materials furnished, and work done In what cases in curbing and paving any side walk in front of, or adjoining any lot or liens may be filed. piece of land in the borough of Elizabethtown, in the county of Lancaster, filed after the passage of this act, shall be the first lien on the lot or lands in front of, or adjoining which such curbing or paving shall have been done, and the amount of such claim shall be paid, before any other lien on such lot or lands, out of the proceeds of any sale thereof; and in all cases in which any such claim shall remain unpaid for sixty days after the same shall be filed in the prothonotary's office, the owner of the lots or lands shall pay, for the use of the borough, twenty per cent. on such claim, in addition to the amount thereof, and execution may issue on such claim, filed for the amount thereof, and the said twenty per cent. in addition thereto, as in other cases. Jurisdiction of SECTION 8. Justices of the peace shall have jurisdiction, concurrent with the court of common pleas, in all cases of claims or demands for justices of the materials furnished, or for work done in curbing and paving any side peace in regard walk in the borough of Elizabethtown, either by the order or engage- to claims. ment of the owner of any lots or lands, or of the town council, not exceeding one hundred dollars, before any such claim for materials or work shall be filed as a lien in the prothonotary's office; and suits for such demands may be brought by, and in the name of the person who furnished the materials or done the work, or by and in the name of the burgess and town council of the borough of Elizabethtown, at their own option: Provided, That appeals from the judgment of the justice, shall Proviso. be allowed as in other cases. SECTION 10. That so much of the act passed the thirteenth day of JAMES COOPER, CH. GIBBONS, Speaker of the Senate. APPROVED-The thirteenth day of March, one thousand eight hundred and forty-seven. FRS. R. SHUNK. confirmed. No. 243. A FURTHER SUPPLEMENT To an act, entitled "An Act for erecting part of Bedford county into a separate county," passed twentieth September, seventeen hundred and eighty-seven. SECTION 1. Be it enacted by the Senate and House of Representa tives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That Act repealed and the supplement passed the twelfth day of April, eighteen hundred and old division line forty-five, appointing commissioners to re-survey and mark the line of boundary between certain parts of Bedford and Huntingdon counties, be and the same is hereby repealed; and all acts performed and powers exercised by said commissioners, under said supplement, are hereby abrogated and annulled, and the old line of boundary between the counties of Bedford and Huntingdon, as it was recognized and known previous to the action of said commissioners, is hereby restored and re-established between the Old gap, in Sideling hill, to the Elk gap, in Tussey's mountain. JAMES COOPER, Speaker of the House of Representatives. CH. GIBBONS, Speaker of the Senate. APPROVED-The thirteenth day of March, one thousand eight hundred and forty-seven. FRS. R. SHUNK. Preamble. No. 244. AN ACT Authorizing Adam K. Witmer, trustee, and John Moss, junior, to sell certain real estate. WHEREAS, Thomas B. Burrows, of Lancaster county, Pennsylvania, and Ann, his wife, by deed dated the twenty-eighth day of October, Anno Domini eighteen hundred and thirty-seven, granted and conveyed to John Yeates and Leonard Kimball, and their heirs, the following described tract of land, situated in Paradise township, in said county: beginning at a stone the corner of Christian Leaman's land, and in a line of land formerly belonging to Joseph Lefevre ; thence along said Leaman's land north forty-five degrees and three-fourths east fifty-six perches to a post in the centre of the Philadelphia and Lancaster turnpike road; thence along the centre of the said road north seventy-five degrees and one-fourth west fifty-seven perches and eight-tenths to a stone; thence by land of the heirs of Thomas Aljeo and land formerly belonging to said Joseph Lefevre, south fifteen degrees and three-fourths east fifty-seven perches to the place of beginning, containing eight acres and three-fourths, net measure, said conveyance, however, being in trust for the use of Redmond Conyngham, of Strasburg township, in said county, and Elizabeth Yeates Conyngham, his wife, and on the death of both of them the said property to be sold, and the proceeds distributed among the children of the said Redmond and Elizabeth: And whereas, The said John Yeates and Leonard Kimball, trustees, and Redmond Conyngham, one of the said cestui que trust are dead, and it is the wish and desire of the said Elizabeth Y. Conyngham, (with whose fund the said property was originally purchased,) and her children, that the same should be now sold, and the proceeds vested in some more productive fund, subject to distribution, according to the terms of the original deed or trust; therefore, 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 Adam K. WitAdam K. Witmer, of Lancaster county, is hereby appointed trustee mer appointed in the room and stead of the said Leonard Kimball, deceased, and is trustee. hereby authorized to sell and dispose of the tract of land in the pream Empowered to ble above described, for the best terms and price which can be obtained sell. for the same, the purchaser to hold the same free from such trust; the said Adam K. Witmer, trustee, to re-invest the proceeds of said sale, subject to distribution, according to the terms of the original trust, the interest payable to the said Elizabeth during her lifetime, and after her death the principal to be paid to the children of herself and the said Redmond, as in said deed of trust above provided: Provided, That Proviso. before this act shall take effect, the orphans' court of Lancaster county shall approve of the said appointment, and take security of the said. trustee for the faithful execution of his trust, agreeably to this act, and the terms of the original deed of trust. WHEREAS, By the fifteenth section of an act of the general assembly of this commonwealth, entitled "An Act to enable John Christ to exchange certain real estate, and for other purposes," passed the eighth day of April, A. D. eighteen hundred and thirty-three, Samuel Moss was authorized and empowered to make sale of and convey to the purchaser or purchasers thereof, certain real estate therein particularly mentioned: And whereas, Said Samuel Moss died without executing said authority and trust; therefore, Preamble. Be it enacted by the authority aforesaid, That John Moss, jr., son of the aforesaid Samuel Moss, be and is hereby authorized and em- authorized to sell. John Moss, jr., powered to sell and convey the lands recited in the aforesaid original act, as fully as the said Samuel Moss could have done, by virtue of the said fifteenth section of the act above mentioned, entitled "An Act to enable John Christ to exchange certain real estate, and for other purposes. JAMES COOPER, Speaker of the House of Representatives. CH. GIBBONS, APPROVED-The thirteenth day of March, one thousand eight hundred and forty-seven. 20 FRS. R. SHUNK. Preamble. Town council empowered to al ter streets. No. 245. AN ACT To authorize the opening of a public alley in the borough of Huntingdon. WHEREAS, Washington street, in the borough of Huntingdon, which is said to be ten feet wider than the other streets in said borough, is rendered unfit for a place of business or of residence, by reason of the south side of said street being occupied by stables and other out-buildings, there being no alley between it and Hill street: And whereas, To remedy this evil it is proposed to reduce the width of Washington street ten feet, to add the said ten feet to the space between it and Hill street, and to open a public alley, at least ten feet wide, from Smith to Charles street: And whereas, It is represented that the said alteration and the opening of said alley would not only be a common benefit to the owners of lots on both sides of Washington street, but would greatly conduce to the cleanliness, health and prosperity of the town, and be of genera public utility; therefore, SECTION 1. Be it enacted by the Senate and House of Representa tives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the burgesses and council of the borough of Huntingdon be and they are hereby fully authorized to vacate ten feet in width of Washington street, in said borough, on the south side thereof, from Smith to Charles street; and to fix and establish the southern line or edge of said street, so as to add the ten feet so vacated to the space between Washington and Hill streets, for the use of the owners of lots between said streets; and further to lay out and open, or cause to be laid out and opened, a public alley, at least ten feet wide, from Smith to Charles street, between and parallel with Washington and Hill streets, at the distance of seventy feet from Washington street, as reduced in width, as aforesaid. SECTION 2. That from and after the said street shall be so altered and Right of soil to the said alley opened, as aforesaid, the ten feet taken from Washington vest in adjoining street, opposite the respective lots, on the south side of said street, shall be considered part of the said lots, and shall be occupied and possessed by the owners of the said lots respectively, (in lieu of the ground occupied by said alley,) and shall be and remain to them respectively, their heirs and assigns forever: Provided, Such lot owners shall, within one year from the alteration of said street and the opening of said alley, remove or convert to other uses, their stables and out-buildings now occupying the south side of said street. owners. Powers. APPROVED-The thirteenth day of March, one thousand eight hun dred and forty-seven. FRS. R. SHUNK. |