location of said road as soon thereafter as practicable, and if any va- APPROVED-The seventeenth day of March, A. D., one thousand eight hundred and fifty-two. WM. BIGLER. No. 112. A FURTHER SUPPLEMENT To an act entitled "An Act to incorporate the borough of Elizabethtown, in the county of Lancaster." 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 to assess a tax. from and after the passage of this act, the town council of the borough Town council of of Elizabethtown, shall annually at their meeting in March, direct the the borough of 'committee of finances to levy and assess upon the citizens of said bo- Elizabethtown rough, on or before the third Monday in April ensuing, such an amount of tax as they may deem sufficient and necessary to carry into effect the ordinances, rules, regulations, and so forth, of said borough. SECTION 2. That for the purpose of enabling the aforesaid commit- Assessor of tee of finance to assess and apportion said tax, the assessors of Mount Mount Joy and Joy and West Donegal township, in the county of Lancaster, shall, West Donegal when required by the burgess or any member of the town council township to aforesaid, furnish gratuitously the last adjusted valuation of things adjusted valua made taxable for State and county purposes in said borough, or a cor- tion of property. rect copy thereof, and all such property made taxable for State and county purposes, shall be made taxable for borough purposes, according to the provisions of this act. furnish lists of tion tax. SECTION 3. That the finance committee aforesaid shall, on or before Finance comthe third Monday in April, annually, proceed to levy and apportion the mittee to apporsaid borough tax, as follows, to wit: They shall first assess upon all offices and posts of profit, professions, trades, and occupations, and upon all single freemen above the age of twenty-one years, any sum which they shall deem proper and sufficient, not exceeding the amount assessed on the same for State and county purposes; having ascertained the amount thus assessed, the said committee shall in the second place assess and apportion the balance necessary to make up the Clerk of council treasurer to col amount of tax to be raised upon the property of the borough made taxable for State and county purposes, as aforesaid. SECTION 4. That when the borough tax is thus levied and apporto make out du tioned, the clerk of the council shall make out a correct duplicate of plicate; borough the same, and the burgess shall issue his warrant with the duplicate lect tax, and aforesaid, to the borough treasurer, directing him to collect said tax, council to make and the council shall have a right at all times to make such abatements or exonerations for mistakes or indigent persons, as shall appear to them just and reasonable, and the clerk of the council shall enter on the minutes the names of all persons in whose favor such abatements or exonerations were made, together with the reasons therefor. exonerations. Borough treasurer to give notice. SECTION 5. That the borough treasurer, upon the receipt of said warrant and duplicate, shall give notice by not less than ten written or printed advertisements, to be put up in the most public places in said borough, that he will attend to the receiving of said borough tax (and giving receipts for the same when required by the persons paying the same) for the space of ninety days from the date of said advertisements, and as a compensation therefor, he shall receive two per cent. on all moneys collected by him. Unpaid taxes, SECTION 6. That in case any borough tax shall remain unpaid for how collected. a period of more than ninety days after the date of the aforesaid treasurer's advertisements, for the purpose of receiving said tax, it shall be the duty of the said treasurer to issue his warrant with schedule of all such unpaid tax, and the name of the person respectively, to whom the same is charged in the proper duplicate directed to the constable of the borough, whose duty it is hereby made to receive the same, authorizing and requiring him to demand and receive from the person named in said schedule the sums with which they are therein charged respectively, together with twenty per cent. additional on the amount thereof, and the said constable shall be allowed ten per cent. of said per centage as a compensation on all moneys collected by him; in case any person so charged with borough tax fail or refuse to pay the amount, together with the per centage aforesaid, within thirty days after the demand made therefor by said constable, the constable may levy the same by distress and sale of the goods and chattles of said delinquent giving ten days' notice of such sale by written or printed advertisements, and in such cases said constable shall in addition to the ten per cent. hereinbefore allowed, be entitled to retain out of the proceeds of such sale after first deducting the tax and per centage aforesaid, the same fees as are now allowed by law to constables for a levy and sale upon a writ of execution Provided, That the occupants of any property in said borough shall always be responsible for the aforesaid borough tax against said property, whether they be the owners or tenants. Proviso. Proceedings SECTION 7. That in case said constable shall refuse or neglect to against consta-colect said tax (or as much as he can), or neglect to refuse to pay the bles for neglect, same to the borough treasurer, when collected, within six months from to pay over the date of the treasurer's warrant directed to him, he shall be deemed guilty of a misdemeanor in office, and may be proceeded against in like manner and subject to like proceedings as constables in other cases of misdemeanor in office are liable to, agreeably to the provisions of the laws of this Commonwealth, in like cases. moneys collected. Town hall and lock-up house. SECTION 8 That the burgess and town council, at any time when they shall be directed by a majority of the voters of said borough, to have built or otherwise provided and supported in the said borough, at the expense thereof, a town hall and lock-up house, said lock-up house to be used as a place for the security and temporary detention of persons committed by justices of the peace of said borough, or by the burgess or any member of the town council acting in his place, for any APPROVED-The seventeenth day of March, A. D, one thousand eight hundred and fifty-two. WM. BIGLER. No. 113. A FURTHER SUPPLEMENT To an act to authorize the Governor to incorporate sundry bridge and turnpike road companies, and for other purposes. 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 portion of the fifty-seventh section of the act to which this is a Construction of further supplement, which authorizes the board of managers of the the 57th section bridge company known by the name, style, and title of "The Presi- of the act relating to certain dent, Managers, and Company for erecting a bridge over the Conemaugh ting to bridge and turnriver, at, or near the town of Livermore, in the county of Westmore- pike companies. land," in case of the death, removal, or resignation of any president or manager, to choose another to supply the vacancy, be so construed as to embrace all cases of vacancy by a tie vote or otherwise, which have heretofore occurred, or may hereafter occur in the election of a president, managers, or other officer of said company, and that in the election of officers of said company which have heretofore been held, or hereafter be held, the failure to elect one or more managers or other officers, on account of a tie vote, shall not invalidate such election, but the persons having a majority of the votes shall be considered duly elected, and any vacancy occurring by such tie vote, shall be filled in Vacancies. manner aforesaid by the managers elected as aforesaid. may SECTION 2. That it shall and may be lawful for the said company, their successors, and assigns, in addition to the toll which they may Toll. now demand and receive, to demand and receive two cents toll from every foot passenger crossing the bridge." APPROVED-The seventeenth day of March, A. D., one thousand eight hundred and fifty-two. WM. BIGLER. No. 114. AN ACT Authorizing the Canal Commissioners to examine the claim of Watson and 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 Canal Commissioners be, and they are hereby authorized and diClaim of Wat-rected to examine the claim of Watson and Jacobs, for damages susson and Jacobs. tained by them in consequence of the sinking of the canal boat Altona, in the Pennsylvania canal, and report to the Legislature as soon as practicable. Construction of 4th section of SECTION 2. That the fourth section of the act to incorporate the Bellefonte, Walkersville, and Warrior's Mark turnpike road company, the act of 12th and relative to the White Deer bridge company, approved the twelfth February, 1852. day of February, Anno Domini, one thousand eight hundred and fifty two, shall only be construed to dispense with the requirement of law that the officers holding the elections therein mentioned, should be sworn or affirmed, and to make valid the acts and proceedings of the boards elected and mentioned in said section, so far as the same might otherwise be affected by reason of the officers holding the elections at which such boards were chosen, not having been sworn or affirmed. JOHN S. RHEY, Speaker of the House of Representatives. JOHN H. WALKER, Speaker of the Senate. APPROVED The seventeenth day of March, A. D., one thousand eight hundred and fifty-two. WM. BIGLER. No. 115. AN ACT Authorizing the burgess and town council of the borough of Clarion to enclose the public square, and the citizens of said borough to elect auditors; relative to the sale of real estate of J. S. C. Woodward, and extending the limits of the Huntingdon school district. square, and a 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 burgess and town council of the borough of Clarion, shall have Town council of power to enclose the public square on the south side of Main street, in the borough of said borough, with a fence of iron, wood, stone, or any other substan- Clarion to enclose public tal and suitable materials, and to plant, set out, and cultivate therein sqnare. trees for ornament and shade: Provided, That a street of forty feet in Proviso. width shall be left open along the south side of said street fifty feet in width along the west side of said square. SECTION 2. That any person who shall wilfully injure, cut, deface, Penalty for inburn, break down, or destroy said fence, or any portion thereof, so made juries. in pursuance of the first section of this act, or who shall wilfully cut, break, deface, or destroy any of the trees set out and cultivated therein or any of the branches thereof, shall be guilty of malicious mischief, and liable on conviction thereof, in the Court of Quarter Sessions of the county of Clarion, to fine and imprisonment in the county jail, at the discretion of the court: Provided, That in any indictment under this act, the property in said trees and fence shall be vested in the burgess and town council of the said borough of Clarion. SECTION 3. That the legal voters of said borough shall at their annual election, on the third Friday of February next, have power to elect three persons who shall serve as auditors for said borough, one of said persons to serve for the term of one year, one to serve for two years, and one to serve for three years from the date of their election, and one person annually thereafter to serve for the term of three years from the date of their election. SECTION 4. That the duties of said auditors shall be to adjust, settle, and audit the accounts of the street commissioner, school directors, school treasurer, borough collector, and the overseers of the poor of said borough, and for their services in the legal discharge of their duties, said auditors shall be each allowed the sum of one dollar per day for the time so spent, to be paid out of the treasury of said borough. SECTION 5. That Adam B. Miller, of Armstrong county, is hereby Adam B. Miller authorized and empowered to act in the room and in stead of J. S. C. substituted in Woodward, of said county, who, together with Joseph B. Hutchason, room of J. S. C. were authorized to sell certain real estate, by the second section of an the sale of ceract entitled "An Act relating to the sale, and conveyance, and confirma- tain real estate. tion of the title to certain real estate; incorporating the Central coal company, and authorizing the opening of Marion avenue, in the county of Philadelphia." SECTION 6. That the limits of the Huntingdon borough school dis- Extension of trict be extended in the following manner, viz.: from the borough line the limits of the which runs north of the grave-yard, to a point on the Juniata river, at Huntingdon bo |