Organization.

Trustees.

Object.

Seal.

Power of trustees. Officers.

Proviso.

Committee of examination. Duties.

Dividends.

Reservation.

SECTION 3. The said commissioners, or at least five of them acti in the premises as aforesaid, shall as soon as conveniently may after eight hundred shares of the stock are subscribed, appoint a tim and place for the subscribers to meet in order to organize the said a sociation, and shall give at least ten days' previous notice thereof, one or more newspapers of the borough of Norristown aforesaid; a the subscribers when met, shall by ballot elect by a majority of t voters present, five trustees, citizens and residents of said borough a county, to conduct and manage the affairs and business of said assoc tion, until the first Monday of January, of the next following year, a until others are chosen; and shall annually thereafter, at such time a place as the by-laws of said association shall provide, elect five tru tees to serve as aforesaid, and the three commissioners first name shall be the judges of the election of trustees, and the judges of future elections shall be appointed by the trustees for the time bein and notice of such elections shall be given in such manner as the b laws shall provide.

SECTION 4. The object of said association shall be to provide, er and furnish a hall, or suitable building or buildings in the borough Norristown, for the accommodation of various lodges and encam ments of the Independent Order of Odd Fellows established or to established there, for other beneficial societies, and suitable also for room to be used for public meetings, lectures, exhibitions, and fo library.

SECTION 5. It shall and may be lawful for the said corporation have a common seal, and the same at will and pleasure to change, alt and renew as they shall think proper, and shall have and exercise the rights, privileges and immunities, necessary for the purpose of corporation hereby constituted, and as herein expressed.

SECTION 6. The trustees for the time being, or a majority of the shall have power to carry out the objects of the association as here before expressed, to elect a president from their own body, to elec treasurer and secretary, and to appoint such other officers and ager as they shall deem necessary to carry out the objects aforesaid, condu and execute the business and affairs of said association, to fix their co pensation, and in their discretion, to dismiss them, to provide for investment of the funds of the association, in such manner as they sh deem most safe and beneficial, to provide for paying all the necessa expenses of conducting the affairs of the association, and generally pass all such by-laws as shall be necessary to the exercise of s powers, and of other powers vested in said association, and the s by-laws from time to time, to alter and repeal: Provided, That su by-laws shall not be contrary to the constitution and laws of this co monwealth, or of the United States.

SECTION 7. It shall be the duty of the trustees, at least once in ev year, to appoint from the members of the said association, three co petent persons as a committee of examination, whose duty it shall to investigate the affairs of said association, and to make report there and it shall also be the duty of the trustees on the third Mondays January and July, in each and every year, to make and declare a di dend of the interest and profits of the said association, after paying expenses, and the same to pay over to the stockholders, or their le representative, within thirty days thereafter.

SECTION 8. The legislature hereby reserves the right to alter amend the charter hereby granted, whenever in their opinion, it m

be injurious to the citizens of this commonwealth; in such manner, however, that no injustice shall be done to the corporators.

APPROVED-The twelfth day of March, one thousand eight hundred

and forty-nine.

WM. F. JOHNSTON.

No. 223.

AN ACT

To incorporate the town of Rochester, in the county of Beaver, into a borough.

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly mel, and it is hereby enacted by the authority of the same, That the village of Rochester, in the county of Beaver, shall be and the same is hereby erected into a borough, which shall be called the borough of Rochester, and shall be bounded and limited as follows, viz: to begin Boundaries. in the middle of the Ohio river, opposite the south-east corner of out lots; thence along the east line of said lots to the line between lots bomber seventy-three and seventy-nine, on a new county road on said me; thence westward along the north side of said road to Fox lane; thence northward along the east side of said lane thirty-five rods north of Deer lane; thence westward along a parallel line north of and with Deer lane to the middle of Big Beaver creek; thence southward along the middle of said stream to the middle of the Ohio river; thence eastward along the middle of said river to the place of beginning.

SECTION 2. It shall and may be lawful for all persons entitled to vote for members of the state legislature, and who have resided within the limits of the said borough for the space of one year, and who, after the first election, have paid a borough tax within two years, to meet at the place of holding the general election in the village of Rochester, on the third Tuesday of March, in each and every year, or after the first election, in such place as shall be directed by the council, and then and there, between the hours of one and six in the afternoon, elect by ballot, one citizen residing therein, who shall be styled chief burgess of Chief burgess, said borough; and one other citizen residing therein, who shall be styled assistant burgess, assistant burgess; and nine citizens residing therein, to be a town coun- town council, eil; and also, shall elect as aforesaid, a high constable; but previously high constable, to any such election, the inhabitants entitled to vote as aforesaid, shall officers of elecdect three citizens, one to act as juige, and two to act as inspectors, according to the general election laws of this commonwealth, and subject to the same penalties for malpractices as by the said election laws are now, or hereafter may be imposed; and the said judges and in

tions.

Proviso.

Style.
Privileges.

Proviso.

Proviso.

neglect of duty.

spectors and clerks, by them appointed, before they enter upon the duties of their respective offices, shall take an oath or affirmation, before any justice of the peace in the said county of Beaver, to perform the same with fidelity, and when the said election shall be closed, shall declare the person having the greatest number of votes to be duly elected; whereupon, duplicate certificates thereof shall be signed by the said judges, inspectors and clerks, one of which shall be transmitted to each of the said persons elected, and the other filed among the records of the said corporation for safe keeping; and in case of vacancy, by death, resignation or otherwise, of any of the said officers, the chief burgess, or in case of his absence or inability to act, the assistant burgess shall issue his precept, directed to the high constable, requiring him to hold an election to fill such vacancy; he giving at least ten days' notice, by advertisement, set up at four of the most public places in said borough: Provided, That it shall be the duty of the constable of the township of Rochester for the time being, to superintend the first election, of which he shall give ten days' notice as aforesaid: Provided also, That it shall be the duty of the chief burgess or assistant burgess to have the names of all the qualified electors, each year, recorded in the town books, and a certified copy to be set up at the place of holding said borough election, at least ten days before the election; the burgess and town council, duly elected as aforesaid, and their successors forever, shall be one body politic and corporate in law, by the name and style of the Chief burgess, assistant burgess and town council of the borough of Rochester, in the county of Beaver," and shall have perpetual succession; and the said burgess and town council aforesaid, and their successors forever, shall be capable in law, by the name and style aforesaid, to have, get, receive, hold and possess goods and chattels, lands and tenements, rents, liberties, jurisdiction, franchises and hereditaments, to them and their successors in fee simple, or otherwise, not exceeding the yearly value of ten thousand dollars; and also to grant, sell, let and assign the same lands and tenements, hereditaments and rents; and by the name and style aforesaid, they shall be capable in law to sue and be sued, plead and be impleaded in any of the courts of law of this commonwealth, in all manner of actions whatsoever, and to have and use one common seal, and the same from time to time, at their will, to change and alter until it be otherwise directed by law : Provided, No misnomer or failure of the election of officers, on the day appointed, shall discontinue or dissolve the said corporation; but the officers, respectfully, for the time being, shall continue in office until a new election shall be made, at such time as the council may direct And provided also, That neither the chief burgess nor the assistant burgess shall have any voice in the legislation for said borough; but that the same is vested in the council exclusively.

66

as

SECTION 3. If any person, duly elected, whether chief burgess, Penalty for refus- sistant burgess, member of the town council, or high constable as ing to serve or aforesaid, having been notified as before directed, shall refuse to take upon himself the execution of the office to which he shall have been elected, every person so refusing or neglecting shall forfeit and the pay sum of five dollars; which fine and all other fines and forfeitures, incurred and made payable in pursuance of this act, or of the by-laws and ordinances of the town council, shall be recovered before the chief bur gess, or 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 the said borough, for the use of said corporation: Provided, That no person, elected as aforesaid, shall be required to serve in either of the said offices for a

Proviso.

longer term than three years, in any one period of nine years, unless of choice.

Qualification of

SECTION 4. The chief burgess shall take an oath or affirmation before any justice of the peace in the said county, to support the constitution burgess. of the United States and of this state, and well and truly to discharge the duties of his office, before he enters on the execution thereof; and shall thereupon administer a similar oath or affirmation to the assistant burgess, and each member of the said council, and high constable, and to the town clerk that shall be appointed by the said town council, and the certificates of such oaths or affirmations shall be recorded in the books of the said corporation; and the said chief burgess shall further have power and authority to administer oaths or affirmations, when the same may necessary, in the investigation of any matter within the cognizance of the said corporation.

SECTION 5. It shall and may be lawful for the said corporation to Markets. have and keep within the said borough, two markets in each week, if necessary, to wit: one market on Wednesday, and one market on Satunday, together with free liberties, customs, profits and emoluments to the said market belonging.

SECTION 6. The town council shall hold quarterly meetings on the Quarterly meetthird Tuesday of February, May, August and November, in every ings. year, and oftener if required, and at the May quarterly meetings elect

of council.

Due of their number president; they shall also elect a town clerk, trea- Officers. surer and street commissioner, wharf master, weigh-master, board measurer and market master, whenever they shall deem it necessary; the above appointments to be made by the council, from among the cititens of the borough, and not members of the council, except the town erk and treasurer, and all such appointments to be approved of by the Burgess; the town council shall have power to enact, revise, repeal and General powers end such by-laws, rules, regulations and ordinances as shall be deermined by a majority of them, necessary to promote the peace, good order, benefit and advantage of said borough; particularly of providing for the regulation of the markets, improving and keeping in good order the streets, lanes, alleys and highways within said borough, and removnuisances and obstructions therefrom, of every kind, on the side walk, wharves, and in the streets, lanes and alleys, by the proper offiers; and in reference to the cause and management of fires, the purchase and sale of lumber, hay, coal, et cetera, within said borough; and determine the grade of streets, lanes and alleys, whenever required two-thirds of the property holders on said streets, lanes and alleys; and when so determined and made, the property holders to be ordered set curb stones, and pave one-half of the side walk, if not the whole, and that next to the curb stone at their own expense, and to have the pavilege of making so much of the street, lane or alley opposite their property as they may wish, if it be done as cheap and as well as by the street commissioners, and it is approved of by the council and burgess, and when agreed to be done by them, must be done in such time as may be set by the council; and failing to pave or finish the street in the time as above set, and then to be done by the street commissioners afterwards, such property holders shall forfeit and pay the sum of fifeen per cent. on the cost of street, and twenty per cent. with the cost paving opposite to their property, circumstances to have due force with the council; in such cases the property holders to be credited for work done on streets, lanes, alleys, et cetera, as above, for taxes then or thereafter may be due, until the amount thus expended be conamed; the council shall have power to regulate the scales, weights and measures within said borough, according to the standard of the common

Proviso.

Proviso.

Proviso.

Taxes on offices, professions, &c.

Horses, geese, sheep or swine, not to be suffered to run at large.

Collect taxes.

Accounts.

By-laws, rules

and ordinances to be recorded.

wealth, annually, and markets and wharfage, purchase and sale of lumber, hay and coal, according to the rates and rules of the city of Pittsburg, and not to exceed or transcend said rates and limits at any time within said borough; they shall have power to grade and pave a wharf on the Ohio river, and within said borough, in such way and manner as to them may seem best, and all charters granted heretofore, for such purposes, are hereby repealed; and also to assess, apportion and appropriate such taxes as shall be determined by a majority of the said town council, necessary for carrying the said rules and ordinances, from time to time, into complete effect; and the council shall have power to remove all officers by them appointed, from office for misdemeanors, and shall have their quarterly and other meetings in the public school house until a town house shall be erected; and no person shall be fined or punished for the breach of any by-laws or ordinances made as aforesaid, until ten days have expired after the promulgation thereof, by advertisements, put up in four of the most public places in said borough: Provided, That no by-laws, rules or ordinances of the corporation shall be repugnant to the constitution or laws of the United States, or of this commonwealth And provided also, That in assessing 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, in any one year, exceed one-half cent on the dollar of such valuation, unless some object of general utility shall be thought necessary; in which case, twothirds of the taxable inhabitants of said borough shall approve of and certify the same in writing, under their hands to the town council, who may proceed then to assess the same as aforesaid: And provided also, That such out lots, or farm lot, kept as and for such purposes, be not taxed higher than if in the township of Rochester, for highways and road purposes; and that said town council shall have power to straighten streets, lancs, alleys, remove trees, posts, et cetera, in performing this duty.

SECTION 7. All property, offices, professions and persons made taxable by the laws of this commonwealth, for county rates and levies, shall be taxable after the same manner, by the said borough; and all taxes, rates and levies, assessed, rated and levied therein, shall be recovered in the same manner as the county rates and levies in the county of Beaver are by law recoverable.

SECTION 8. That the town council provide, by sufficient ordinances and penalties, that no horses, geese, sheep or swine, shall be suffered to run at large in the said borough; and also shall make such regulations with respect to dogs as they may think necessary.

SECTION 9. The chief burgess, elected agreeable to this act, or in case of his absence or inability to act, the assistant burgess is hereby authorized and empowered to issue his precept, directed to the high constable, commanding him to collect all taxes assessed from time to time, as aforesaid, and the same to pay over to the treasurer, and to carry into effect whatsoever is enjoined upon him for the well ordering and governing the said borough.

SECTION 10. It shall be the duty of the high constable, and all the officers appointed by the town council, to render their accounts to the said council, once in every year, on the third Tuesday in February, which being settled and adjusted by the said council, shall be put up in written or printed notices, in three of the most public places, showing particularly the amount of tax levied, fines collected, and all receipts and expenditures which shall have been inade.

SECTION 11. The chief burgess, elected and qualified agreeably to this act, is hereby required to cause the by-laws, rules and ordinances, made