Cases that take prece mission Removal from asylum SECTION 12. That in the admission of paupers to said asy lum, precedence shall always be given by the trustees to cases dence in ad-in which the disease is of recent origin; and if the trustees shall in any case deem it for the interest of the asylum or of the patient, that he or she should be removed, the superintendent shall give notice to those who are responsible for his or her support, and if he or she shall not be removed within thirty days after such notice, the trustees may cause him or her to be removed at the expense of the person or persons, body corporate or politic, who may be liable for his or her support. Proceedings SECTION 13. If the guardians, directors, or overseers of the when guardi- poor, to whom any patient who shall be in the asylum is ans, directors chargeable, shall neglect or refuse upon demand made, to pay of poor refuse the trustees the expense of the care, maintenance and removal to pay charges of such patient, and also of the burying of such patient, if he Duty of court or she shall die in the said asylum, it shall be the duty of the qr. sessions Ex-officio visiters court of quarter sessions, of the county in which such patient was certified to be settled or to have resided, or from which he was removed to the asylum by any of the constituted authorities therein having care and charge of the poor, upon complaint to the said court made by the said trustees, to compel payment by said guardians, directors, or overseers, of all such expenses, in the manner directed by law in the case of a judgment against overseers. SECTION 14. The Governor, judges of the several courts of record in this Commonwealth, the members of the legislature, and the grand jury of the county in which the same may be located, shall be ex-officio visitors of the institution. WM. A. CRABB, Speaker of the House of Representatives. Speaker of the Senate. APPROVED-This fourth day of March, A. D. eighteen hun dred and forty-one. DAVID R. PORTER. [No. 35.] AN ACT To incorporate the town of Adamsburg, in the county of Westmoreland, into a borough. 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 of Adamsburg, in the county Adamsburg of Westmoreland, and territory included within the following boundaries, to wit: commencing at the western extremity of Boundaries the alley opposite the south west corner of lot number twenty three, in the plan of the said town; thence along said alley by lands of John Gilchrist on the south, south eighty-five degrees east twenty six and seven-tenth perches, to the north west corner of the public school lot, in the plan of said town; thence along said lot by lands of the said Gilchrist, south five and a half degrees, west five and one tenth perches to a post; thence by lands of the heirs of Jacob Baughman, north eighty three and a half, east seventy-six perches, to a black oak and at the corner of Conrad Shitlers' lands; thence by lands of said Shitlers north forty-three, west thirty-one and eight-tenth perches to a post; thence north, eighty-five and a half, west forty-five and eight-tenth perches, to the road leading to the Bush creek meeting house; thence north nine, west ten perches to the east corner of Baughman's steam mill; thence north thirty-six and a half, west twelve and seven-tenth perches to a white oak; thence north fifty-seven, west fifteen and two-tenth perches to the north west corner of Haney's tanyard lot; thence south forty-two, west twenty-six perches to the turnpike road; thence along said road, north forty-three and a half, west twenty perches to a post; thence across said turnpike road and along the west extremity of Shaffer's addition, and by lands of the said John Gilchrist, south forty-four, west sixteen perehes to the south end of the lots of Shaffer's addition; thence along said lots south fifty-seven, cast fifteen and a half perches to the corner of Doctor L. L. Bigelow's land; thence south forty-three west thirty perches to the Brown's ferry road; and from thence in an easternly direction about twenty-nine perches to the place of beginning; Borough eare hereby erected into a borough, which shall be called and rected, style styled the borough of Adamsburg. SECTION 2. That the inhabitants of said borough entitled to vote for members of the general assembly, having resided therein one month immediately preceding the election, shall on the tion Annual elec- third Friday of April next, and annually thereafter on the same day which now is or hereafter may be fixed by law, for the election of constables and other township officers within this Commonwealth, meet at the brick school-house, in said borough, and then and there between the hours of eight o'clock in the forenoon and seven o'clock in the afternoon, elect by ballot one of the citizens, who shall be styled the burgess of Burgess and the said borough, and four other citizens to be styled the town town council, justice peace, council, two justices of the peace, one assessor, and two assisassessors, &c tant assessors of the county rates and levies, the necessary School direc- school directors as provided by law for a school district, and tors, auditors three auditors of the public accounts of the said borough, Election how which election shall in all respects be conducted in the same conducted. Proviso. Vacancy Proviso. how held, conducted &c manner as is provided for the election of township officers within this Commonwealth, except that the certificates of the election of burgess, town council, and auditors, shall be filed among the records of the corporation: And provided, That in case of the death, resignation, removal, or refusal to accept of any of said officers, the vacancy may be supplied by a new election in all cases where by the existing laws there is not provision made for supplying vacancies by appointment: And provided further, That for the first election to be held under First election this act, it shall be the duty of Jacob Gosser, Jacob Stiner, and John Melville, or any one of them, to give notice and perform all the duties enjoined upon constables by the existing laws relative to township elections; and in case no election shall be held on the first day mentioned, they shall appoint some other day, and perform the said service; but previous to opening of such election, such of the citizens entitled to vote as aforesaid as may be present at the time and place of opening the same, shall choose one judge and two inspectors and two clerks thereof, who shall be sworn or affirmed in the same manner as is provided by law for swearing or affirming election officers, and they shall perform the duties required of them by law relative to township elections. President of council Quorum SECTION 3. That the burgess shall be president of the council, and shall have and exercise all the rights and privileges of a member thereof, in every respect. Annual meet- SECTION 4. That the burgess and town council shall meet ing of council on the first Monday next succeeding their election in each year, and as often thereafter as occasion may require; three members shall constitute a quorum to do business, and the proceedings of a majority of a quorum when there is one formed, shall be valid; they shall have power in the absence of the Pres't pro tem burgess to elect a president pro tem., who shall in the case of death, resignation, or refusal to accept or to act, or inability of the burgess to attend, perform all and every duty enjoined on Special meet- the burgess, or in his absence the president pro tem. shall have ings power to call special meetings of the council; but in all cases of special meetings, personal notice shall be given to every member unless absent from the borough. The burgess and members of the town council, shall in all cases continue to Duration of hold and exercise the duties of their respective offices, until office their successors shall be duly elected and qualified. neglect or re SECTION 5. That if any person duly elected burgess or member of the town council, and having received notice thereof as directed by this act, shall refuse or neglect to take upon Penalty for himself the execution of the office to which he shall have been fusal to perelected, or having taken upon himself such duties, shall neg-form duties lect to discharge the same according to law, every such person so refusing or neglecting, shall for every such offence forfeit and pay the sum of ten dollars. And every other oflicer elected or appointed by virtue of this act, or the by-laws or ordinances of the town council aforesaid, who shall refuse or neglect to take upon himself the execution of such office, or having accepted the same shall refuse or neglect to perform the duties thereof, shall for every such refusal or neglect, pay a fine of not exceeding five dollars, at the discretion of the bur- Fines how gess; which fines and all other fines that may be incurred collected and under this act, or any of the by-laws or ordinances of the town disposed of council, shall be for the use of said corporation, and shall be recovered in the name of the burgess and town council of the borough of Adamsburg, as debts of like amount are recoverable by law Provided, That no person shall be compelled to serve more than one year in any term of three, and that the payment of a fine shall be equivalent to a service of one year in any office: And provided further, That nothing herein 2d Proviso contained shall be construed to exonerate any constable or other officer, from the payment of any fine or penalty imposed by the existing laws, or that may hereafter be enacted for refusing to serve in such office. Proviso SECTION 6. The burgess shall take and subscribe an oath or Oath affirmation before one of the judges of the court of common pleas, or a justice of the peace of said county of Westmoreland, to support the constitution of the United States, and of the State of Pennsylvania; and an oath or affirmation to execute the office of burgess of the borough of Adamsburg, with fidelity; and when so qualified, he shall administer an oath or Burgess auaffirmation to each of the members of the town council, high thorized to adconstable, town clerk, clerk of the market, (if one shall be appointed) and such other officers as shall be appointed or elected under this act, or any by-law or ordinance of said borough, before they shall enter upon the duties of their respective offices; which oath or affirmation so taken and subscribed, shall be filed among the records of said corporation. SECTION 7. That from and after the third Friday in April next, the burgess and town council duly elected, and their successors, shall be one body politic and corporate, by the name minister oaths Name, rights, and style of the burgess and town council of the borough of and privileges Adamsburg, and shall have perpetual succession; and the said By-laws Streets, &c Nuisances Taxes burgess and town council and their successors, shall be capa ble in law to have, receive, hold and possess goods and chattles, lands and tenements, rents, liberties, jurisdictions, franchises, hereditaments, to them and their successors, in fee simple or otherwise, not exceeding the yearly value of two thousand dollars; and also to grant, sell, let, and assign the same; and shall be capable in law to sue and be sued, plead and be impleaded, in any of the courts of law in this Commonwealth, in all manner of actions whatever, and to have and to use one common seal, and the same from time to time at their will to change and alter. SECTION 8. That the town council shall have power to pass and enact by-laws, rules, regulations, and ordinances as they may determine necessary to promote the peace, good order, and general welfare of the inhabitants, and well being of the said borough, and for the purpose of improving and keeping in good order the streets, lanes, alleys, public squares, and common grounds, lands, wharfs, landings, or other property whatsoever, that has heretofore at any time been granted to the use of the citizens of Adamsburg, or that may hereafter be granted to the use of the corporation, and for removing nuisances and obstructions therefrom; and the same to alter, make anew or annul, as the occasion may require; and also to assess, levy and collect, and appropriate such taxes as shall be necessary to carry their rules and ordinances into effect; and Contracts for to make all necessary contracts and engagements for the same mend'g ways purpose. They shall have the same authority in obtaining materials for improving the streets, lanes, alleys, landings, wharfs, and public grounds, as the supervisors of the highways within this Commonwealth have; and for neglect of their duty in keeping the same in good order, they may be proceeded against by indictment in the court of quarter sessions of said county, and be subject to the like fines and penalties as the supervisors are, for any neglect of duty in relation to keeping the public highways in good order. They shall Town clerk, annually appoint a town clerk, treasurer, collector of taxes, treasurer, &c clerk of the market, when necessary, and such other officers as they may deem expedient, and the same to remove at pleasure. The officers to be appointed by the council shall Compensat❜n be allowed such compensation as the council may fix and agree on, but the members of the council themselves, shall not be entitled to any compensation for their services as members of the town council. The council may remit any fines or penalties that may be incurred under this act, or any of the by-laws or ordinances, when in their judgment it may be proper so to do, except any fine or penalty that may be imposed upon them by the court of quarter sessions of the county for neglect of duty: Penalty for neglect Remit fines |