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necessary to promote the peace and good order and general welfare of the inhabitants, and well being of said borough, and for the purpose of Assess, levy, col- improving and keeping in good order the side-walks, streets, lanes, lect and appro- alleys or other property whatsoever, and also to assess, levy and collect priate taxes, &c. and appropriate such taxes as shall be necessary to carry their rules and ordinances into effect, which said taxes shall not exceed in any one year, Taxes not to ex- six mills on the dollar, except by consent of two-thirds of the taxables of the borough, to be certified under their hands to the town council for that purpose, and shall not in any one year make appropriation to exceed the taxes of that year.

ceed six mills on

the dollar, except, &c.

Borough of Tarentum erected into a separate

election district.

Elections.

James Boyd to be judge, and J. Dickey and R.

Hare inspectors.

council of Girard

amend ordi

nances, by-laws,

&c.

Designate the
width of side
walks, repair and
keep good the
streets, alleys,
&c.

Prohibit and re

SECTION 8. That the borough of Tarentun be and the same is hereby erected into a separate election district, and have and possess all the corporate powers pertaining to boroughs of this commonwealth; and that the qualified voters thereof shall hold their general and borough elections at the lower school house in said borough; and the election of borough officers shall hereafter be held on the first Friday of May in each year, and James Boyd is hereby appointed judge, and John Dickey and Robert Hare inspectors, to hold the first election.

SECTION 9. That the burgess and town council of the borough of Burgess and town Girard, in the county of Erie, shall have power to ordain and enact, shall have power revise, repeal and amend all such ordinances, by-laws, rules and reguto ordain, enact, lations as shall be deemed expedient to promote the peace, good order, revise, repeal and benefit and accommodation of the citizens of said borough; to designate the width of side-walks; to improve, repair and keep in good order the streets, alleys, side-walks and public square, and public grounds in said borough; to regulate the depth of vaults, sinks, drains and pits for privies, make permanent rules for the foundations of buildings and party walls, regulate the fences, side-posts and railings along the streets and public square, and to improve and adorn the public square; to prohibit and remove all obstructions and nuisances in the said borough; to prôhibit and prevent the running at large of geese, sheep, swine, dogs, horses, cattle and other beasts in the said borough, and to authorize their move all obstruc- seizure and sale in such manner as shall be provided by the ordinances of the said corporation; to impose fines and penalties, incurring partial or total forfeitures; to regulate and prohibit the exhibition of plays, May impose fines shows, mountebanks, jugglers, and all and every other exhibition under and penalties. such restrictions, fines and penalties as the said burgess and council shall May regulate and direct; and they shall also have power to assess and collect a tax upon prohibit exhibithe owners and keepers of dogs; and all by-laws, ordinances, rules and tions. regulations shall be signed by the burgess and attested by the town clerk, and entered in the records of the corporation: Provided, That no bylaw or ordinance shall be carried into operation until ten days have keepers of dogs. elapsed after the publication thereof, by at least five advertisements set up in five public places in the said borough, or a publication of the same in a newspaper printed in said borough, which publication shall be certified at the time in the record books of the corporation, by the town clerk, at the foot or margin of such by-laws or ordinauces, and such certificate shall be good evidence in all trials arising from or touching the said bylaws or ordinances.

tions and nui

sances.

Power to assess and collect tax upon owners and

Proviso.

WILLIAM F. PACKER,

Speaker of the House of Representatives.

GEORGE DARSIE,

Speaker of the Senate.

APPROVED-The fifth day of April, one thousand eight hundred and

forty-nine.

WM. F. JOHNSTON.

No. 293.

AN ACT

To enable the president and managers of the Fox Chase and Huntingdon turnpike road company to borrow money on mortgage, and to legitimate Isabella B. Houpt, of Montgomery county.

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

the president and managers of the Fox Chase and Huntingdon turnpike Authorized to road company, shall have full power and authority to borrow any sum borrow money. or sums of money, not exceeding five thousand dollars, which may be necessary to enable them to complete their road, discharge the debts incurred in the construction thereof, and enjoy the full benefit of the privileges conferred upon them by the act of assembly authorizing their incorporation; any such loan to be upon such terms and conditions as

property.

the said corporation may deem fit, with power also to pledge and mort- May pledge and gage, as security for any such loan or loans, their said road and all and mortgage their any of their property, real and personal, together with all their rights, road and other powers and privileges and franchises; any sale or sales, under any judicial process to enforce any such pledge or mortgage, shall pass to and vest in the vendee or vendees whatever property, rights, powers, privileges and franchises may have been pledged or mortgaged under any such pledge or mortgage as last aforesaid.

legitimated.

SECTION 2. That Isabella B. Houpt, of Montgomery county, infant Isabella B. Houpt daughter of Samuel J. Houpt and Elizabeth, his wife, shall have and enjoy all the rights, benefits and advantages of a child born in lawful wedlock, and shall be able and capable in law to inherit and transmit any estate whatsoever, as fully and completely, to all intents and pur) poses, as if she had been born in lawful wedlock.

WILLIAM F. PACKER,
Speaker of the House of Representatives.

GEORGE DARSIE,

Speaker of the Senate.

APPROVED-The fifth day of April, one thousand eight hundred and

forty-nine.

WM. F. JOHNSTON.

Town council

may assess a tax not exceeding one

cent on the dollar

in any one year.

Authorized to in

crease the width of certain alley.

Viewers.

To be sworn or
affirmed.
Duties.

No. 294.

SUPPLEMENT

To an act, entitled "An Act to incorporate the borough of Marietta, in the county of Lancaster," passed February fifteenth, one thousand eight hundred and thirtyfour; relating to the collection of school taxes in Manor and Earl townships, Lancaster county, and relative to the election of a justice of the peace in the borough of Manheim, in said county.

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 the town council of the said borough of Marietta, in assessing and appor tioning the taxes of said borough, may assess a tax that shall not in any one year exceed one cent in the dollar of the valuation of taxable property.

SECTION 2. The town council of said borough of Marietta, shall have power and they are hereby authorized to increase the width of the alley running through said borough, between Front and High or Second streets, from the east end of said borough to Cherry alley, being the western end of that part of said borough laid off by James Anderson, to such width as they may deem expedient, not exceeding fifty feet, and a plan or specification of such increase of width shall be made and deposited with the town clerk for public examination and inspection; and the same shall forever thereafter be taken and allowed to be a public highway, for the same uses and purposes as the other streets, lanes and alleys within the said borough.

SECTION 3. That James Wilson, James Whitehill, John Kline, John H. Goodman and Samuel Patterson, of the said borough, shall be viewers, who being first duly sworn or affirmed to discharge their duties with fidelity and impartiality, shall proceed to inquire what damages the owner or owners of lands, houses, or other property may sustain by reason of increasing the width of said alley, taking into consideration the advantages that may accrue to any person.

Viewers to make SECTION 4. The said viewers or a majority of them, having viewed, return to the town estimated and determined the damages the owner or owners as aforecouncil. said have sustained, shall make return thereof of the names of the several owners, and the amount of damage to be paid to each, to the town council of said borough of Marietta, who shall cause the same to be entered of record on their books, which thereupon shall bind and conclude all parties owning, or claiming to own, property affected by this act or the proceedings under it.

Return to be entered of record.

Damages to be

paid on or before the expiration of six months after report made.

Certificates of

amount of dam

ages to be given by the town

clerk, which may

SECTION 5. The town council of said borough of Marietta shall, on or before the expiration of six months after the report to them made of such appraisement of damages, pay or cause payment to be made of such damages to the persons entitled to receive the same, according to the report of the viewers, and if not paid at the expiration of said term of six months, it shall be the duty of the town clerk, on demand, to give to the person entitled to receive the same, a certificate of the amount of damages due and payable to them, which may be filed of record in the prothonotary's office in and for the county of Lancaster; and it shall be the duty of the prothonotary to enter the same in his docket, which

shall remain a lien upon the property of said borough of Marietta until be filed of record duly satisfied and paid, and may be collected in the same manner as in prothonotary's other debts against the said borough of Marietta.

office of Lancas

shall be a lien.

SECTION 6. That such portion or portions of the act to which this is ter county, and a supplement, inconsistent with the provisions of this act, be and the same are hereby repealed.

School directors of Manor town

SECTION 7. That the school directors of Manor township school disship, Lancaster trict, in the county of Lancaster, are hereby authorized to assess for county, authorschool purposes, a tax not exceeding five times the amount to which the ized to assess adsaid district is entitled out of the annual state appropriation. SECTION 8. So much of any law or laws as is inconsistent with the school purposes. last section, is hereby repealed.

ditional tax for

Repeal.
School directors
of Earl township,
Lancaster coun-

SECTION 9. In lieu of the tax heretofore authorized by law to be levied for school purposes, the school directors of the township of Earl, in the county of Lancaster, are hereby authorized and empowered to ty, authorized to cause to be levied for the current year, and annually hereafter, such an cause to be levied amount of tax on said township as they may think necessary for school such an amount purposes, not less than equal to, nor more than treble the amount which of tax for school the said township was entitled to receive out of the appropriation to the purposes, as they common school fund of the third of April, Anno Domini, one thousand may think neceseight hundred and thirty-seven.

sary, not less than, &c. SECTION 10. That the provisions of the seventeenth section of the Provisions of the act, entitled "An Act, authorizing the sale of certain real estate, and 17th section of a relative to the collection of taxes in certain townships in Monroe, certain act exBerks and Lancaster counties, and certain school districts in Butler, tended to the township of Earl, Franklin, Mifflin, Indiana and Schuylkill counties," approved the tenth in the county of day of April, one thousand eight hundred and forty-eight, be and the Lancaster. same are hereby extended to the township of Earl, in the county of Lancaster.

SECTION 11. That from and after the passage of this act, whenever Manheim borit becomes necessary for the electors of the borough of Manheim, in ough. the county of Lancaster, to elect a justice or justices of the peace, such Justices of the election shall be held at the time and place of holding the borough elec- peace, time and tions for borough officers, and by the same officers as said borough place of holding elections are held; and that such elections shall be conducted, and the elections of. returns made in every respect the same way as if the elections were held by the officers holding the township election according to existing laws.

WILLIAM F. PACKER,

Speaker of the House of Representatives.

GEORGE DARSIE,
Speaker of the Senate.

APPROVED-The fifth day of April, one thousand eight hundred and

forty-nine.

WM. F. JOHNSTON.

Commissioners.
Quorum.

Mark out and re-
locate part of the
Armstrong, In-
diana and Cam-
bria turnpike

road. Proviso.

Supervisors of the
township of
Plum creek, in
the county of
Armstrong, duty

of.

Commissioners of

the highways in the townships of Cherry Grove

and Mead, in the

county of Warren, authorized to alter location of

the state road.

Meaning of the fourth section of

certain act.

No. 295.

AN ACT

To appoint commissioners to re-locate a part of the Armstrong, Indiana and Cambria turnpike road, in the town of Elderton, Armstrong county; and relating to the state road leading from Brookville to Warren, in Warren county; and in relation to the opening of Broad street, in the county of Philadelphia.

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 William Coulter, Thomas Armstrong and Joseph Lowery, be and are hereby appointed commissioners, a majority of whom shall be a quorum, who shall meet at a time to be agreed upon by them, as soon as practicable after the passage of this act, and shall proceed to mark out and re-locate, at its present width, so much of the Armstrong. Indiana and Cambria turnpike road as interferes with the extension of the main street of the town of Elderton, in the county of Armstrong, at the north end of said town: Provided, That the length of the part of the turnpike so re-located shall not exceed one hundred perches.

SECTION 2. The supervisors of the township of Plum Creek, in the county of Armstrong, shall immediately upon receiving notice from the commissioners aforesaid, of the said re-location and the boundaries thereof, open said road, grade it and keep it in repair, in like good order as they are now required to keep so much of said turnpike road as lies within said township.

SECTION 3. That the commissioners of highways in the townships of Cherry Grove and Mead, in the county of Warren, be and they are hereby authorized to alter the location of the state road leading from Brookville to the borough of Warren, or so much thereof as lies in the county of Warren; and that the commissioners of the township of Cherry Grove are authorized to levy and collect an additional tax of two per cent. for road purposes, for the term of five years.

SECTION 4. That the true intent and meaning of the fourth section of the act of the general assembly of Pennsylvania, passed on the fourteenth day of April, one thousand eight hundred and thirty-five, entitled "A further supplement to the act, entitled An Act to incorporate the township of Moyamensing, in Philadelphia county,'" is, and the same is hereby declared to be, that Broad street, in the county of Philadelphia, should be opened and widened to the breadth of one hundred and twenty feet southward, to low water mark on the ship channel of the river Delaware: Provided however, That the damages assessed and the expenses incurred in the opening and widening of said street, shall not be chargeable npon the county of Philadelphia.

WILLIAM F. PACKER, Speaker of the House of Representatives.

GEORGE DARSIE,

Speaker of the Senate.

APPROVED-The fifth day of April, one thousand eight hundred and

forty-nine.

WM. F. JOHNSTON.

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