SECTION 15. That the burgess and council, or any three of them, Court of appeal. 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, the high constable shall notify each taxable by a written or printed notice, in the usual manner, at least five days before the day of appeal: Provided nevertheless, That the Proviso. said court of appeal shall have no other power than to determine the justness of the apportionment of the said tax, and to remedy any grievance that may occur in imposing the same, and when the said tax shall have been properly adjusted it shall be collected as aforesaid. SECTION 16. That the burgess and council shall have full power and Footways and authority to pave or caused to be paved, agreeably to the regulations gutters to be from time to time made and established, the footways and gutters on paved. any public street, lane or alley in the said borough, and may value and assess the expense thereof on the owner or owners in front of whose grounds such footways and gutters shall be paved, and for grading, curbing, renewing, and keeping the same in repair in front of their respective lots, and the said assessments shall be collected as other borough taxes are by law collected, and in default of payment it shall be lawful for the said council to file their lien for the same, in the Common Pleas Court of Bucks county, which said lien shall have priority to any mortgage, judgment, recognizance, or liability, to which the said lot or lots may become liable after the passage of this act, and the amount secured thereby may be recovered by scire facias as debts are recoverable under the mechanics' lien law, in the corporate name of the said borough: Provided, That such lien shall be filed within six months after such Proviso. expense is incurred by the said borough, and recite the name of the owner or reputed owner, and the occupier or occupiers of such lots: And provided always, That all and every the owner or owners of ground Proviso. shall have the privilege of grading and paving the footways on their own front aforesaid, so that they have it completed within six months after due notice in writing given for that purpose by the said council, or by any other person by them appointed: And provided also, That Proviso. no person shall be obliged to pave any footway to a greater breadth than four feet on that portion of the front of any lot whereon a dwelling house has not been erected, nor shall any person be required to grade, pave, and curb as aforesaid any lot or lots situated more than five hundred feet beyond the densely built portion of said borough. SECTION 17. That no person or persons whatever shall be permitted Nuisances. to erect, create, or continue any nuisance or nuisances injurious to the health or comfort of the inhabitants of the said borough, on any lot or within any building, or within any street or alley in the limits of the same, under the penalty of any sum not exceeding twenty dollars, to be sued for and collected in the name of the Commonwealth, for the use of the said borough by warrant before the burgess, or any justice of the peace residing therein, who shall proceed to give judgment and award execution as in actions of trespass within the jurisdiction of justices of peace, and with like costs: Provided, nevertheless, That in all cases Proviso. in which judgment shall be given for a larger amount than five dollars and thirty-four cents, exclusive of costs, the defendant or defendants shall be entitled to appeal from the judgment of the said burgess or justice to the Court of Common Pleas of the county of Bucks, who shall hear and determine the cause, in the same manner as in other cases of appeals from justices of the peace, and if he or they shall be found guilty of the matter alleged against them, then the said court shall give judgment against the said defendant or defendants for such amount as to them shall appear right and just, with costs of suit, but if not guilty, the Duties of town elerk. then the court shall give judgment against the plaintiffs for costs, which costs shall be paid by the said borough: Provided, also, That the ap pellant prior to the appeal shall pay all costs that may have accrued such suit, and file an affidavit stating the ground of his defence, ani that the appeal is not intended for delay, and shall enter into recog nizance with one or more sufficient sureties in a sum sufficient to core the maximum amount of the penalty authorized to be imposed by section, with all costs likely to accrue in the further prosecution of the suit, conditioned for the payment of the judgment, and all costs th may be legally recovered, in such case against the appellant or ap pellants: And provided further, That such appeal shall be entered and filed in said court within twenty days of the date of such judgment and that nothing herein contained shall be construed to bar an indiement for a misdemeanor under existing laws of this Commonwealth for the same offence. SECTION 18. That it shall be the duty of the town clerk to attend all meetings of the council when assembled upon business of the corps ration, and perform the duty of clerk thereto, and keep and preserve th common seal, records, books, papers and documents relating to the sai corporation, and be answerable for the same, and also for the faithful discharge of all duties which may be enjoined upon him by virtue of this act or of the acts of the corporation, whose attestation, with the seal of the corporation, shall be good evidence of the act or thing s certified. Treasurer to SECTION 19. That the treasurer shall give security for the faithful give security. discharge of the duties of his office, and for the safe delivery into the hands of his successor in office, of all moneys, books and accounts appertaining thereto, upon demand being made by the burgess and council for that purpose. Accounts of offi SECTION 20. That the street and road commissioners, treasurer, high cers how settled. constable, and all other officers appointed by the burgess and councils, shall settle their accounts on the Saturday preceding the third Friday in March, in every year, or whenever required by the said burgess and council so to do, and the said accounts being adjusted and settled aecordingly, shall be forthwith published, showing particularly the amount of taxes levied and collected, and of the expenditures. Compensation. Vacancies. Election of offcers. Present officers SECTION 21. That the council shall from time to time fix the com pensation of the high constable, town clerk, treasurer, and such other officers as may be elected or appointed under this act, or the by-laws or ordinances of said corporation, which compensation shall be paid out of the borough treasury, by orders drawn thereon, and all orders for the payment of money shall be granted by the council, signed by the bur gess, and countersigned by the town clerk. SECTION 22. That in case the place of any member of the council shall become vacant by death, resignation, or otherwise, the said vacancy shall be supplied by an appointment made by the council, and any person so appointed shall hold his office until the next borough election. SECTION 23. That the election for borough officers under this act shall be held and conducted at the same time and place, and by the same officers, and subject to the same rules and regulations as are prescribed by the general laws of this Commonwealth for the election for constables and township officers. SECTION 24. That the present borough officers shall continue in office to continue in until the first election held under this act, to wit: on the third Friday of March, Anno Domini, one thousand eight hundred and fifty-one. office. When act to ke effect. SECTION 25. That this act shall take effect from and after the first day of March, one thousand eight hundred and fifty-one, and so much the original charter of incorporation, and all acts of Assembly relating the said borough inconsistent with this act are hereby repealed. APPROVED-The fifteenth day of February, A. D., one thousand eight undred and fifty-one. WM. F. JOHNSTON. No. 110. AN ACT To incorporate the First Presbyterian church and congregation of the town of Corporation. Privileges. 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 a corporation is hereby created by the name, style, and title, of "The First Presbyterian church and congregation of the borough of Dauphin, Dauphin county," and by the same name shall have perpetual succession, and be able to sue and be sued, plead and be impleaded, in all courts of law and elsewhere, and shall be able and capable, in law and equity, to take, hold, and receive to them and their successors, for the use of the said church and congregation, lands, tenements, goods, and chattels of whatsoever kind, nature, or quality, real, personal or mixed, which is now or shall or may at any time hereafter become the property of said church and congregation, to be held for their use by gift, grant, bargain, sale, conveyance, devise, bequest, or otherwise, from any person or persons whomsoever capable of making the same, and to grant, bargain, sell, mortgage, improve, or dispose of, for the support of a pastor or pastors and other officers and charitable purposes of the said congregation: Pro- Proviso. vided, That the yearly value or income of the said estate so held by said corporation shall not at any time exceed the sum of three thousand dollars, and shall not be appropriated to any other than benevolent or religious uses. SECTION 2. The business of the said congregation shall be conducted Business how by a board of trustees not less than three, nor exceeding nine in num- conducted. ber, all to be chosen annually from the male members of the congregation of not less than six months' standing, nor under twenty-one years of age, two-thirds of whom shall be chosen from communicants in the church in good and regular standing, and the present trustees of the congregation J. S. Dixon, William Clark, Junior, and Dr. William Graydon, shall be trustees of the incorporation until the first Monday of June, one thousand eight hundred and fifty-one, on which day the members of the Proviso. Powers of trustees. Proviso. Proviso. Proviso. said congregation shall elect trustees in number at their own discretion as herein before limited who shall serve for one year, and until their suecessors are elected: Provided, That in case of vacancy by death or otherwise, the session of the church shall have power to fill such va cancy until the next electon, and any pew-holder paying annually his pew rent shall be entitled to vote for trustees. SECTION 3. The said trustees and their successors shall have fall power to enact and enforce all such by-laws and ordinances as they shal think proper for the regulation of business for the said congregation, and to make, have, and use a common seal, and the same to break, alter, and renew at pleasure, to change the time and place of holding their annual elections as the same may be found convenient; and if the congregation neglect on the day of the annual meeting to hold their elec tion, the trustees may appoint any subsequent time at which such election shall be held: Provided, That public notice of said election he given at least one week before the time of holding the same: Provided also, That the corporation shall not dispose of, alien, or sell, or in any way encumber the real estate belonging to the said church and congretion unless with the consent of the session of the church, and a majority of the members of the congregation who shall meet and determine upon such sale, incumbrance, or disposition as shall have been proposed: And provided also, That the said by-laws and ordinances, and all the acts of the said corporation framed, enacted, and promulgated by the same, shall be in conformity to the rules and principles of the Presbyterian church in the United States of America, and not inconsistent with the Constitution and laws of the United States or of this State. APPROVED-The eleventh day of March, A. D., one thousand eight hundred and fifty-one. WM. F. JOHNSTON. Corporators. No. 126. AN ACT To incorporate the Tacony Ferry Company. SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That L. W. Bickley, Jesse Duffield, Edmund Green, G. W. Fitzwater, Wil liam H. Gatzmer, William Cook, D. L. Miller, Hiram B. Tilden, Richard Wigfall, T. D. Dougherty, Henry Hague, John Lardner, Casper W. Morris, Henry W. Ditman, and Daniel Yonker, and all other per sons who shall hereafter become associated with them, for the purposes Object. SECTION 3. That the subscriptions for the said capital stock, and the Subscriptions. payments thereon, shall be taken under the direction of the said L. W. how taken. Bickley, Jesse Duffield, Edmund Green, G. W. Fitzwater, William H. Gatzmer, William Cook, D. L. Miller, Hiram B. Tilden, Richard Wigfall, T. D. Dougherty, Henry Hague, John Lardner, Casper W. Morris, Henry W. Ditman, and Daniel Yonker, and any two of them shall call a meeting of the subscribers, in the township of Oxford, in the county of Philadelphia, giving at least ten days' notice of the time and place of such meeting, by advertisements in two daily newspapers published in the city of Philadelphia, and the subscribers, assembled in pursuance of such notice, shall choose by ballot from among themselves, by a majority of the votes present, in person or by proxy, each share of stock Number of being entitled to one vote, a president, seven directors, and a treasurer, votes. whose respective duties shall be laid down in the by-laws which the said company are herein before authorized to make, who shall continue in office until the first Monday of May then next ensuing, on which day and on the first Monday in May, annually thereafter, a like election shall be held, and it shall be the duty of the president to give twenty days' notice to the stockholders, by publication, in at least one daily newspaper published in the city of Philadelphia, of the said annual meeting for the election of officers and directors, and if at any time of Election of the said meetings the stockholders shall fail to elect officers and direc- officers. tors as herein before prescribed, the officers and directors elected to serve the previous year, shall continue in office with the same powers and authorities as if re-elected for one year at the meeting in which such failure occurred, and in case of the death, resignation, disqualification or removal of the president, or any director, or treasurer, the remaining |