No. 192. AN ACT To confirm the title to certain real estate to Gabriel Hull and Peter Hull, of Bedford county, and relating to the assessment of the poor tax, in the county of Bedford; the collection of taxes on unseated lands, in the county of Fulton; the places of holding the elections in Hopewell township, Bedford county, and Thompson township, Fulton county, and the correction of a mistake in an act for the relief of Elizabeth Francis. WHEREAS, An act of the Legislature was passed on the second of Preamble. April, one thousand eight hundred and forty-nine, authorizing Michael Reed, the acting executor, et cetera, of Philip Reed, deceased, to sell certain real estate, in Napier township, Bedford county, for the use and benefit of Mrs. Elizabeth Wertz: And whereas, The name of said cestui que trust, was erroneously inserted in said act, Elizabeth, instead of Rebecca Wertz, her true name: And whereas, The said executor having first given the security required by said act, has since sold and conveyed said real estate to Peter Hull and Gabriel Hull for a valuable consideration; 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 the said sale be confirmed, notwithstanding the mistake in said name, Sale confirmed. and that the same be held, deemed, and taken as valid, and the title vest as fully in said Peter Hull and Gabriel Hull, as if the said mistake had not occurred. SECTION 2. That it shall be the duty of the commissioners of the Copy of adjustcounty of Bedford, on or before the first day of March, in each and ed valuation of every year hereafter, to furnish the directors of the poor and of the house property to be of employment, for the county of Bedford, a correct copy of the last tors of pooradjusted valuation of all property made taxable for county purposes, in house in Bedthe several townships of the said county. furnished direc ford co. SECTION 3. That whereupon the said directors shall, on or before the Directors to first day of April next following, annually levy on said taxable property levy a tax. according to said valuation, a tax, sufficient to meet the probable expenses of the poor and poor-house, for the next fiscal year, and they shall cause to be made out accurate transcripts of the same; Provided, Proviso. SECTION 4. That the said directors shall issue their warrants with Directors to isthe said transcripts, to the respective collectors of county rates and sue warrants levies of the several townships of the county of Bedford, for the to collectors. year then being, therein authorizing and requiring them to demand and receive from every person in such transcript named, the sum wherewith such person stands charged. SECTION 5. That the said directors shall have power at all times to Abatements and make such abatements or exonerations for mistakes, indigent persons, exonerations. or unseated lands, as to them shall appear just; and the said directors Provisions of act of 15th April, 1834, made appli cable. Proviso. Directors to furnish commissioners with certificate of poor tax. Repeal. Taxon unseated ceived by trea shall cause to be entered in a book or books to be kept for that purpose, the names of all persons so abated or exonerated, together with the reason why, the amount and debt when made, and shall give to the collector a certificate, directed to their treasurer, stating the amount so exonerated, in order to make settlement accordingly. SECTION 6. That all the provisions of the act of fifteenth of April, one thousand eight hundred and thirty-four, entitled "An Aet relating to county rates and levies, and township rates and levies, and the several supplements thereto, so far as the same relate to the powers, duties and penalties of and upon collectors of county rates and levies," be, and the same are hereby extended to the collectors of the poor tax aforesaid: Provided always, That the said collectors shall pay the said poor tax to the treasurer appointed by the said directore, by virtue of the act to which this is a supplement. SECTION 7. That the said directors shall, on or before the first day of April, in each and every year hereafter, furnish the commissioners of the county of Bedford, a certificate, under their hands, of the aggregate amount of poor tax in the transcript aforesaid, of each and every collector aforesaid, and the said commissioners shall include the said amounts in the certificates which they are required to file in the prothonotary's office, by section third of the act of twenty-eighth of Febru ary, one thousand eight hundred and thirty-five, entitled "A supplement to the act relating to county rates and levies, etc." and the said amounts shall have the like operation and effect as the balance of the said certificates. SECTION 8. That so much of an act approved the thirty-first day of March, one thousand eight hundred and forty-one, entitled "An Act for the erection of a house of employment and support of the poor of the county of Bedford, as conflicts with the provisions of this act," is hereby repealed. SECTION 9. That the act entitled "An Act erecting parts of Bedford land in Fulton county into a separate county, to be called Fulton," passed the ninecounty to be re-teenth day of April, one thousand eight hundred and fifty, and the surer of said co. supplements thereto, passed the twenty-fourth day of March, one thous and eight hundred and fifty-one, shall be so construed as to authorize and require the treasurer of Fulton county to receive all taxes that were assessed during the year one thousand eight hundred and fifty, on unseated lands situated within the limits of said county of Fulton; and in default of the payment thereof by the owner or owners, according to law, then the treasurer of said county of Fulton is hereby authorized and required to sell the said unseated lands, under the provisions of the several acts of Assembly, regulating the sales of unseated lands on the non-payment of the taxes assessed thereon. Elections in Hopewell town ship, Bedford county. Thompson SECTION 10. That after the first day of April, eighteen hundred and fifty-two, the qualified voters of the township of Hopewell, in the county of Bedford, shall hold their general, special, and township elections in the school house at or near the house now occupied by John Dasher, in said township. SECTION 11. That after the first day of April, eighteen hundred and township, Ful fifty-two, the qualified voters of the township of Thompson, in the county of Fulton, shall hold their general, special, and township elections at the house now occupied by John L. Younkers, in said townsnip. ton county. Correction of certain act. SECTION 12. That an act passed the thirty-first day of January, one thousand eight hundred and forty-nine, entitled "An Act for the relief of Elizabeth Francis," be corrected to describe a deed dated April nineteenth, one thousand eight hundred and twenty-one, instead of thirty-one, as therein mistakenly given in pamphlet laws, page twenty eight. JOHN S. RHEY, Speaker of the House of Representatives. JOHN H. WALKER, Speaker of the Senate. APPROVED-The eighth day of April, A. D., one thousand eight hundred and fifty-two. WM. BIGLER. No. 193. A SUPPLEMENT To an act entitled "An Act to secure the city and port of Pittsburg from the introduction of pestilential diseases; and relative to the granting tavern licenses in Butler county," approved the eighth day of April, Anno Domini, one thousand eight hundred and fifty-one. 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 it shall be the duty of the said the board of health for the city of Pitts- Duties of board burg, to cause all offensive or putrid substances, and all nuisances which of health. may have a tendency, in their opinion, to endanger the health of the citizens, to be removed from the streets, lanes, alleys, highways, wharves, docks, or any other part or parts of the city of Pittsburg, and to cause such of the privies within the limits aforesaid, to be emptied, or corrected with lime, or otherwise, at the expense of the individuals who are the owners of the houses to which the said privies are appurtenant, as the said board shall from time to time deem necessary for the health of the inhabitants thereof, and if the owners or occupiers of the premises on which any nuisance may be found, and the owners of the houses to which the said privies are appurtenant, shall, on due notice thereof, refuse or neglect to have the same immediately removed, emptied or corrected, as aforesaid, he, she, or they, so refusing or neglecting, shall forfeit and pay for every such offence the sum of twenty-five dollars, and the expense attending the removal of such nuisance, shall be recovered by the board before any alderman or justice of the peace, or in any court having lawful jurisdiction, from all corporate bodies and individuals. SECTION 2. That it shall be the duty of the board, in all cases where Further duties, the owner or owners of unoccupied property, upon which a nuisance, in the opinion of the said board, exists, reside out of the city, or cannot be found by the messenger of the said board, after diligent search made, to cause the said nuisance to be at once removed, and the expense attending the removal of the same shall be recovered by the said board in any court, or before any court, alderman, or justice of the peace having lawful jurisdiction as in and by the said act is provided. Expense of removing nuisances to be a lien. Proviso. Places for the SECTION 3. That the expenses attending the removal of any nuisance, shall be and remain a lien upon the premises from which such nuisance has been removed; and it shall be the duty of the said board of health to file the claim therefor against the owner or reputed owner in the office of the clerk of the district court for the county of Allegheny, which said court shall, in all cases, have jurisdiction of the same, and the said claims may be filed, recorded, and proceeded on by scire facias, to recover the same in like manner as mechanics' liens are recoverable; upon the trial of which the fact of the nuisance shall not be inquired into, and the defendant or defendants shall only be permitted to give evidence of payment, or that unnecessary expenses were incurred by the board in the removal of the nuisance: Provided, That the said expenses shall not remain a lien on real estate for more than six months from the time of doing such work, unless a claim for the same shall be filed, as aforesaid, within that time, nor shall the same continue a lien longer than five years from the time of filing the claim, unless revived by scire facias in the manner provided by law in the case of mechanics' liens. SECTION 4. That it shall and may be lawful for the board of health deposit of offen- to designate and provide, by purchase or otherwise, a place or places sive substances. where are to be received and deposited the contents of all privies as they shall from time to time be cleaned and emptied, and all other offensive substances found upon the public highway. Board of health mation. SECTION 5. That so soon as the board of health have provided as to make procla- aforesaid, a place or places for the purposes aforesaid, and are prepared to receive therein the contents of privies and other offensive substances, it shall be lawful for them to make proclamation thereof by advertisement in one or more of the daily newspapers of the city of Pittsburg, to be continued at least thirty days; and from and after the expiration of the said thirty days during which said advertisement has been made, it shall not be lawful for any person or persons employed in cleansing any privy or privies within the bounds aforesaid, to deposit or cause to he deposited the contents or any part of the contents thereof in any other place or places than such as shall be designated by the said board of health in their said proclamation; and if any person or persons shall deposit or cause to be deposited such contents or any part thereof in any other place or places than as aforesaid, without the consent of the said board of health, such person or persons shall forfeit and pay for every such offence the sum of twenty dollars. Penalty. Permits. Penalty. Contents of privy-wells, how removed. SECTION 6. That no person shall remove or cause to be removed, the contents, or any part thereof, of any privy-well until he shall have first obtained a permit from the said board of health, which permit shall specify the time within which the contents of the privy may be removed, and the place to which the said contents shall be conveyed and deposited; and if any person shall remove, cause, or allow, or assist in removing the contents, or any part thereof, of any privy-well, before he has obtained such permit, or at any other time than that specified in the said permit, or shall convey to and deposit or assist in conveying and depositing the same in any other place than that described in the said permit, he shall for any of the aforesaid acts, forfeit and pay to the board of health the sum of twenty dollars. SECTION 7. That hereafter no person shall be permitted to remove or cause to be removed any portion of the contents of a privy-well within the limits aforesaid, excepting in carts or vehicles so constructed as to be water tight, and securely covered on the top; and if any person shall remove, cause, or permit to be removed, the contents or any part thereof, of any privy, excepting in carts or vehicles constructed as above, he shall forfeit and pay to the board of health the sum of twenty dollars; and any constable, police officer, or watchman, is hereby authorized to seize and detain all carts, horses, and implements, and apparatus, actually taken with any person or persons detected in any violation of said resolutions, and deliver the same to the board of health for safe keeping, and as security for the payment of the penalties given by said resolutions and all other laws on the same subject. mitted to in spection of SECTION 8. That the said carts or other vehicles shall be submitted Carts or other to the inspection of the health officer, or some other person, to be ap- vehicles subpointed by the board of health, and approved of, previous to their being used for the purposes as aforesaid; and any person or persons offending health officer. against the provisions of this section, shall forfeit and pay for every such offence the sum of twenty dollars. SECTION 9. That if any privy filth be spilled from a cart upon any Unauthorized street, lane, alley, road or highway within the limits of the jurisdiction deposit. of the board of health, the same shall be adjudged to be an unauthorized deposit and punished as such. SECTION 10. That from and after the passage of this act, it shall not License. be lawful for any person to remove the contents of any privy-well within the limits of the jurisdiction of the board of health unless first licensed by the board of health to do so, and any person offending against the provisions of this section, shall, for every such offence, forfeit and pay to the board of health the sum of fifty dollars: Provided, That the Proviso. board of health may, from time to time, by resolution or otherwise, exempt from the operations of this or any other law on the subject of nuisances, such portions of the territory under their jurisdiction being a rural district or sparse in population, as in their opinion they may do with safety to the health and comfort of the inhabitants thereof. SECTION 11. That any person desirous of being licensed to empty or Applications to remove the contents of privy-wells, shall make application in writing to be made in the board of health, who, on being satisfied with the character of the writing. applicant, and the construction of his carts or vehicles, shall under the rules and regulations they make in relation thereto grant him a license for one year, and the same may renew from year to year as they may deem proper, and for every license so granted, and for every renewal thereof, the board of health shall receive from the party applying therefor the sum of one dollar, and for every permit for removing the contents Fees. of any privy he shall pay to the board of health at the time said permit is granted fifty cents, if between the first day of October and first day of the next June, and five dollars if between the first day of June and the first day of the next October, to be repaid to him by the person or persons employing him to empty or cleanse such privy-well: Provided, Proviso. nevertheless, That the price for a permit to clean a privy declared to be a nuisance by the board of health, shall be one dollar between the first day of October and the first day of the next June payable in like manDer: And provided also, That in the case of permits granted by the board for removing the contents of privies which are in the way of building or of improvements which cannot be effected without such removal, as also for removing the contents of privies which have become accidentally a nuisance to the houses to which they are attached or the neighborhood, the charge for such permits at all seasons of the year shall be but fifty cents, and any person so licensed offending against any of the provisions of this or any other law on the same subject, shall, by the vote of a majority of the board, forfeit his license, and be disqualified to have the same again granted to him for such period not exceeding three years as they may determine, and he shall also be subject to all fines, pains, and penalties given by law for any violation thereof. Proviso. |