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Oath

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the said council, shall be recoverable before any justice of the peace of said county, for the use of said corporation: Provided, That no person shall be compelled to serve more than one year, in any term of three years, and that if any person or persons shall conceive himself or themselves aggrieved by the judgment of any justice of the peace, by virtue of this act, he or they may appeal to the next county court of common pleas, upon giving security according to law, to prosecute his or their appeal with effect, who shall, on the petition of the party, take such order therein as to them shall appear just and reasonable, and the same shall be conclusive to all parties.

SECTION 5. The burgess shall take and subscribe an oath or affirmation, before one of the associate judges or justice of the peace for the county of Huntingdon, to support the constitution of the United states, and of this state, and an oath or affirmation, well and truly to execute the office of the borough of Gaysport, and when so qualified, he shall administer an oath or affirmation to the council, high constable or town clerk, in the manner and form aforesaid, before they, shall enter on the duties of their respective offices, the certificates of which oaths and affirmations shall be filed among the records of the said corporation.

SECTION 6. The town council may meet by their own authority as occasion may require, or upon the summons of the burgess, they shall have power to enact by-laws, and to make such rules, regulations and ordinances as shall be determined on by a majority of the whole council, necessary to promote the peace, good order and general welfare of the inhabitants of the said borough, and for the purpose of improving and keeping in order the streets, lanes, alleys, public squares and common ground belonging to said town, within the said borough, for removing nuisances and obstructions therefrom, and the same to annul, alter or make anew as the occasion may require; and also to assess, levy and collect a tax for said purposes: and also, annually to appoint a town clerk, treasurer, street commissioner, overseer of the poor, and such other officers, as may be deemed necessary, with all other powers required for the well ordering and better government of the said borough: Provided, That the said ordinances, rules and regulations shall not be repugnant to the constitution and laws of the United States or this Commonwealth: And 2d proviso provided also, That no tax shall be laid by them in any one year to exceed one half of a cent in the dollar on the valuation of taxable property, taken from the last assessment, unless some object of general utility shall be thought necessary, in which case a majority of the freeholders of said borough by writing, under their hands, shall approve and certify the same to the town council, who shall proceed to assess the same accordingly, and all taxes which may be assessed or laid in their

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said borough, shall as nearly as the same is practicable, be assessed and collected, conformably to the laws for raising county rates and levies.

SECTION 7. It shall be the duty of the town clerk, to attend Town clerkall meetings of the town council when assembled on business duties of the corporation, and perform the duty of clerk thereto, and keep and preserve the common seal and records of the corporation, and be answerable for the same, and also for the faithful discharge of all the duties which may be enjoined upon him by virtue of this act, or of the acts of the corporation; and his attestation with the seal of the corporation, shall be good evidence of the thing or act so certified.

ties, &c

SECTION 8. The treasurer shall give security for the faithful Treasurerlischarge of the duties of his office, and for the safe delivery security, duinto the hands of his successors, of all moneys, books and accounts appertaining thereto, upon demand being made by the burgess for that purpose.

SECTION 9. The street commissioners, treasurer, constable and overseer of the poor, as well as all other officers who may Accounts be appointed by the corporation or council, shall render their accounts to the council once in every year, for settlement; and the said accounts being adjusted and settled accordingly, shall be forthwith published by the said council, showing particu larly the amount of taxes laid and collected, and of the expenditures.

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SECTION 10. It shall be the duty of the high constable, to give notice of the election, by setting up advertisements in High consta three public places, in the said borough, ten days previously thereto, and shall attend and see that the same is opened at the time and in the manner directed by this act.

SECTION 11. It shall and may be lawful, for all persons Constable entitled by law to vote for burgesses and other officers, of the election, &c borough of Gaysport, at the same time and place where they vote for said officers, to elect two reputable citizens of the said borough, and return the names of the persons so elected, to the next court of quarter sessions of the said county, one of whom shall be appointed constable of said borough, with like power and authority, and subject to the same regulations and penalties as are provided and contained in the laws now existing, or that may be hereafter passed, concerning borough Duties constables within this Commonwealth; and the constable so appointed, shall do and perform all the duties required to be done by the high constable of said borough, in pursuance of this act, and of the by-laws and ordinances of said borough. And the said constable of the borough of Gaysport, shall have, exercise and possess within the said borough and township of Blair, all the powers and duties of the constables elected in the several townships in the said county of Huntingdon; and before he shall enter upon the duties of his office, shall take and

Bond

Court of appeal

First named council-his

subscribe the same oath as other constables, and shall, if not possessed of a freehold estate in his own right, clear of all incumbrances, of the value of one thousand dollars, enter into a bond to that amount, with at least one sufficient surety, to be approved of by the court of quarter sessions of said county, iak the same manner as now, with reference to the several constables of the several counties within the Commonwealth, and for the same uses and trusts to all intents and purposes, and the same penalties imposed for neglect or refusal to serve, the said court shall have the power to appoint another person, as the court of quarter sessions in the several counties in this Commonwealth, have and possess by law, to appoint a constable in any of the townships in the several counties of this Commonwealth.

SECTION 12. The burgess, president of the council and treasurer, or any two of them, shall constitute a court of appeal; and prior to the collection of any borough tax, they shall appoint a day for the hearing of appeals, of which and of the amount of his or her tax, and the place where the appeal will be held, the collector shall notify each taxable by a written notice, in the usual manner, at least ten days before the day of appeal; and where the said tax shall have been properly adjusted, it shall be the duty of the burgess, or in ease of his absence or inability to act, of the treasurer, and he is hereby authorized to issue his precept, directed to the collector, commanding him to collect all taxes so assessed, and vesting him with like powers and authorities given to the collectors of county rates and levies, by the laws of this Commonwealth, and the amount so collected, shall be paid into the treasury for the use of the corporation.

SECTION 13. In the absence from the borough or inability of the burgess, it shall be the duty of the first named of the duties, in cer- town council who may be present, to perform the duties which are enjoined on the burgess by this act, or which may be enjoined by the by-laws which may be passed in pursuance of

tain cases

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First election,

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the same.

SECTION 14. In any meeting of the burgess and town council, it shall require at least three to form a quorum to transact business.

SECTION 15. Jeremiah C. Betts and Thomas Jackson, of said town, or either of them, shall publish and superintend the first election for borough officers, to be held on Tuesday, the first of June next, after the passage of this act, at the place appointed by law for holding the annual elections for said bo rough; and they are hereby directed to give five days notice by advertisement, as before directed in other cases of elections, of the time and place of holding the same.

SECTION 16. That all land contained within the bounds of Assessments said borough, that is not laid out in lots, is not to be assessed

higher than the county rates and levies.

SECTION 17. From and after the passage of this act, the

borough of Gaysport shall be a separate school district, shall Separate sch' elect school directors, receive their share of this years and district every other years State appropriations, and do and perform

all other acts, and receive all moneys which other school districts are entitled to perform and receive.

SECTION 18. The said town of Gaysport shall, after the passage of this act, be a separate election district, and hold their general elections at the school house aforesaid; the election for inspector and judges for the first year, to be held on the first day of June.

WM. A. CRABB,

Speaker of the House of Representatives..

JN. H. EWING,
Speaker of the Senate

DAVID R. PORTER.

APPROVED-The twenty-first day of April, one thousand

eight hundred and forty-one.

Separate elec

tion district

[No. 100.]

A SUPPLEMENT

To an act entitled "An act to establish a District Court in the counties of Erie, Crawford and Venango," and for other purposes.

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District court

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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 on and after the first day of May next the provisions of the act passed the twenty-third day of March, extended to one thousand eight hundred and thirty-nine, entitled an act to establish a district court in the counties of Erie, Crawford and Venango, shall be extended to the county of Mercer, as fully and effectually as if the said county had been named and embraced in said act, and all the provisions thereof expressly applied to said county. And the president of said district court shall hold two terms annually, in the county of Mercer, by the name and style of "The District Court of Mercer Name county."

SECTION 2. That the terms of said court shall be held on Terms the third Mondays in May and fourth Mondays in January,

Process

Duty of Sec.

in each year, and from and after the said first day of May next, there shall be but two terms of said court held annually in the county of Warren, one thereof on the second Monday in July, and the other on the second Monday in January; and hereafter the terms of the courts of common pleas of the county of Warren shall be held on the first Mondays in March, June, September and December in each year, and so much of any act as requires a term of said district court to be held in the county of Venango, on the fourth Monday in January of each year, be and the same is hereby repealed, and hereafter there shall be but three terms of said court held annually in Venango county.

SECTION 3. All process issued or which shall be issued before the first day of May next, and made returnable on the last Monday in May from the district court of Warren county, shall be, and hereby is, to all intents and purposes, extended to and made returnable on the second Monday of July next, and all the business of said May term is hereby transferred over to the said July term. And any and all laws which are altered or supplied by the provisions of this act, be and the same are hereby repealed.

SECTION 4. Immediately after the passage of this act it shall Commonw'th be the duty of the secretary of the Commonwealth to forward by mail a certified copy thereof to the prothonotaries of Mercer, Venango and Warren counties.

Completion of SECTION 5. That the time allowed for completing the WilWilliamsport liamsport and Elmira railroad, by the act incorporating said company, approved the ninth day of June, one thousand eight hundred and thirty-two, is hereby extended for the term of ten

and Elmira

railroad ex

tended

Preamble

Perpetuate testimony in Pittsburg

years.

SECTION 4. WHEREAS, Difficulties have heretofore arisen and may again occur, respecting the true location, extent and width of Grant street, Water street, Cherry alley, and other streets, lanes and alleys in the city of Pittsburg, in the county of Allegheny, which may cause much litigation;

And whereas, It is alleged that there are a number of aged persons now living, whose testimony, if perpetuated, might be of vital importance as well to the city as to the different individuals interested; therefore,

Be it enacted, That either of the judges of the district court of Allegheny county shall have power, whenever he shall be applied to for that purpose, to appoint a suitable person as commissioner, to take the testimony in writing of all such witnesses as may be brought before him, agreeably to the provisions of this act.

SECTION 7. Whenever the mayor of the city of Pittsburg Mayor to give may be desirous to perpetuate the testimony of witnesses as aforesaid, it shall be lawful for him to give notice of the time and place of taking such depositions in two weekly news

notice

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