Laws Enacted in the General Assembly of the Commonwealth of Pennsylvania ...

erected into a borough. Limits.

No. 119.

AN ACT

To erect the village of Cassville, in the county of Huntingdon, into a borough, and to form a separate school district.

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 Cassville, Hun- the village of Cassville, in the county of Huntingdon, shall be, and the tingdon county, same is hereby erected into a borough, which shall be called the borough of Cassville, and shall be bounded and limited as follows, viz: commencing at a post corner of land of Nicholas Miller, thence north north fifty-eight degrees west, thirty-six and five-tenth perches to stone in the run; thence south fifty-two degrees west, eight and five-tenth perches to a cherry; thence south seventeen and a half degrees west, seventy-six and five-tenth perches to a stone; thence north seventy-two degrees west, ten and five-tenth perches to a post; thence south thirtyone degrees west, twenty-six and five-tenths perches to corner of church lot; thence north eighty degrees west, forty-eight perches to a post; thence north fifty degrees west, twenty-two perches to stones; thence south seven degrees west, sixty-six perches to post; thence south twentysix degrees east, seventy-one perches to stump; thence south sixty-five degrees east, seventy-two perches to white oak stump; thence north eighteen degrees east, one hundred and twenty-six perches to stones; thence north five degrees west, thirty-four perches to a pine stump; thence north twenty-five degrecs east, sixty-seven perches to the post at the place of beginning.

Who may vote at elections.

SECTION 2. That the inhabitants of said borough entitled to vote for members of the general Assembly, and having resided within the said borough at least three months preceding said election, and having paid a State or county tax within two years, shall have power on the fourth Friday in March, to meet at the public school house in said borough, and on the fourth Friday in March of every year thereafter, and then and there between the hours of one and six in the afternoon, elect by ballot one respectable citizen residing therein, who shall be styled the chief burgess; one other citizen who shall be styled the assistant burgess, and five citizens to serve as a town council, and shall also elect as aforesaid, one citizen to serve as high constable, and one citizen to serve as street supervisor, and also one judge and two inspectors for the ensuing borough election, also a constable, who shall be returned to the next court of quarter sessions; and if one of the justices of the peace for Cass township resides within the limits of said borough, then and in that case said qualified voters shall elect as justice of the peace, to I meet the required number for borough of this Commonwealth, all of whom shall be residents of said borough; but previous to the opening. of said election, such of the inhabitants as are present at the said place of election, shall select one person as judge, two as inspectors, and twoas clerks of said election, who shall conduct said election without compensation for their services according to the general election laws of this Commonwealth, and who shall be subject to the same penalties as for mal-practices as by the said laws are imposed, and the said judge,

inspectors, and clerks, before they enter on the discharge of their respective offices, shall take an oath or affirmation before any justice of the peace of said county to perform the same with fidelity, and after the said election is closed shall declare the persons having the greatest number of votes to be duly elected, and in case any two of the candidates should have an equal number of votes, the preference shall be determined by lot, to be drawn by the two inspectors in presence of the judge, whereupon duplicate certificates of said election shall be signed by the said judge and inspectors, one of which shall be transmitted to the person elected chief burgess, and the other filed among the records of the corporation; and it shall be the duty of the said high constable of each preceding year to give notice in writing to each of the persons so elected; and in case of the death, resignation, removal, or refusal to accept of any of the said offices, or if it should at any time happen that no election should be holden on the day and manner aforesaid, the corporation shall not on that account be dissolved, but the chief burgess, or in his absence or inability to act the assistant burgess, shall issue his precept, directed to the high constable, to hold an election in the manner aforesaid to supply such vacancy, giving at least six days' notice by six advertisements put up in the most public places in said borough

SECTION 3. That from and after the fourth Friday of March next, Corporation. the chief burgess, assistant burgess, and town council duly elected as aforest, and their successors, shall be one body politic and corporate,

by the nime, style, and title of "the chief burgess, assistant burgess, Style. and town council of the borough of Cassville," and shall have perpetual succession, and the said chief burgess and town council and their successor shall be capable in law to have, get, receive, hold, possess, and Privileges. acquire goods and chattels, lands and tenements in fee simple or otherwise, ut exceeding the yearly value of one thousand dollars, and also to grant, sell let, and assign the same goods and chattels, lands and tenem uts, and by the name and style aforesaid, they shall be cacapable in law to sue and be sued, plead and be impleaded in any of the courts of law of this Commonwealth in all manner of actions whatsoever, and to have and to use one common seal, and the same from time to time at their will to change and alter.

SECTION 4. That if any person duly elected to any office aforesaid, Penalty for neand having received notice thereof as directed in this act, shall refuse glect or refusal to perform or neglect to take upon himself the execution of the said office to which oper he sh have been elected, or having taken upon himself the duties of said of, shall neglect to discharge the same according to law, every ¡ person neglecting or refusing, shall for every such offence forfeit and pay the sum of ten dollars, which fine and all fines and forfeitures incurred made payable in pursuance of this act, or any of the bylaws and ordinances of the town council, shall be for the use of the said corporation, and shall be recoverable as debts of like amount are by law recoverable, and shall be payable forthwith to the treasurer of said berough: Provided, That no person elected as aforesaid shall be liable to a fire for neglecting or refusing to serve more than once in three years.

Proviso.

SECTION 5. That the town council shall meet on the first Saturday Meeting of bext after their election in each year, at such place as a majority of town council. themel agree upon, and choose one of their number president who shall ride at all their meetings, and it shall be the duty of the said council, three of whom shall form a quorum, to hold meetings as often as oern may require, at which meetings they may enact, alter, revise, rereal and amend all such by-laws, rules and regulations as shall

Separate school

district.

Duties of burgess.

Duties of street supervisors.

be determined by a majority of them necessary to promote the peace and good order, benefit and advantage of the said borough, particularly for the regulation of the markets, improving, repairing and keeping in good order the streets, lanes, alleys and highways (under the direction of the strect supervisor), ascertaining the depth of vaults, sinks, pits for necessary houses, and making permanent rules relative to the foundation of buildings, walls and fences, they shall assess, apportion and appropriate such taxes as shall be deemed by a majority of them necessary for carrying the said rules and ordinances for the said purposes into complete effect, they shall also appoint a town clerk, collector and treasurer annually, and such other officers as may deemed necessary from time to time, and the same to remove for misdemeanor in office: Provided, That no by-laws, rules or ordinances of the corporation shall be repugnant to the Constitution or laws of the United States or of this Commonwealth, and that no person shall be punished for the breach of a by-law or ordinance of said corporation, until ten days shall have expired after the promulgation thereof, by at least three advertisements in the most public places in said borough: Provided also, That in assessing such tax due regard shall be had to the valuation of taxable property, taken for the purpose of raising county rates and levies, so that the said tax shall not in any one year exceed one per cent. in the dollar of such valuation, unless some object of general utility may be determined upon by a majority of the taxable inhabitants of said borough: And provided further, That before the said chief burgess, assistant burgess, town council, constable and supervisor shall enter upon the discharge of their respective duties they shall severally subscribe an oath or affirmation before some justice of the peace of the county, to discharge their respective duties with fidelity: And provided further, That the said chief burgess and town council shall not receive any compensation for their services, and also that nothing herein contained shall be so construed as to disturb the present election district of Cass township.

SECTION 6. That the said borough of Cassville and the adjoining farms of David Stever, John Stever and the heirs of Robert Speer, deceased, which at present compose Cassville sub-district, shall hereafter constitute a separate school district and be entitled to elect six school directors at the time of the said borough election, two of whom shall serve one year, two for the term of two years, and two for three years, and annually thereafter, who shall have full power to levy tax for school purposes, open public schools within said district, and do such things as is now provided by law.

SECTION 7. That the chief burgess elected and qualified agreeable to this act, or in his inability to act the assistant burgess, is hereby authorized to issue his precept as often as occasion may require directed to the collector, commanding him to collect all taxes so assessed and to pay the same over to the treasurer, and the chief burgess, or in his inability to act the assistant burgess, is hereby authorized to carry into effect all by-laws and ordinances enacted by the town council, and whatever else shall be enjoined on him for the well-ordering and gov erning of said borough.

SECTION 8. That it shall be the duty of the street supervisor to keep in good repair the streets and highways in said borough, the expense of which shall be paid for out of the funds of the borough levied by the said town council for that purpose; it shall be the duty of the town clerk to attend all meetings of the town council, and perform the business cf clerk thereto, and keep and preserve the records of said corporation and be answerable for the same, and also for the

faithful discharge of the duties which may be enjoined on him by this act or of the by laws of the corporation, and his attestation with the seal of the corporation shall be good evidence of the act or thing so certified; the treasurer shall give sufficient security for the faithful discharge of the duties of his office and for the delivery of all moneys, books and accounts appertaining thereto into the hands of his successors upon demand made for that purpose; the street supervisor, treasurer, clerk and all other officers appointed by the town council shall make annually a statement to the town council for settlement, and the said accounts when so adjusted and settled shall be publicly advertised by the council, showing the amount of taxes levied, amount expended and all moneys paid into the treasury during such year, the said high constable shall give notice of the annual election of the said borough to be held in pursuance of this act, by putting up four advertisements in the most public places in said borough, at least ten days previous thereto, he shall attend and see the election opened in time agreeably to this act.

SECTION 9. That the said chief burgess, assistant burgess and presi- Court of appeal. dent of the council shall have power to hold a court of appeal annually to remedy any grievances that may occur in assessing the tax under this act.

W. P. SCHELL,

Speaker of the House of Representatives.

THIO. CARSON,
Speaker of the Senate.

APPROVED-The third day of March, A. D, one thousand eight hundred and fifty-three.

WM. BIGLER.

No. 120.

AN ACT

Relative to land and building associations.

SECTION 1. Be it enacted by the Senate and House of Represen

tatices of the Commonwealth of Pennsylvania in General Assembly

met, and it is hereby enacted by the authority of the same, That Powers of land it shall be lawful for all land and building associations now incorpora- and building asted under existing laws, who have heretofore purchased or contracted sociation.

to purchase any lands, to hold such lands in fee simple either in their corporte capacity or by trustee, and to grant, bargain and sell the same or any part thereof, to their stockholders or others in fee simple, with or without the reservation of ground rents, and also to confirm unto the purchasers in fee simple all lan is heretofore conveyed by them.

SECTION 2. That all laud and building associations hereafter incor- Power to purporated under existing laws, shall have full power to purchase lands chase lands. and to sell and convey the same or any part thereof to their stockholders or others in fee simple, with or without the reservation of ground

Proviso.

rents; Provided, That the sales of lands by said associations hereafter incorporated to others than their stockholders shall be confined to such lands as may have been purchased or contracted for at the original formation of the association; And provided further, That the quantity of land purchased by any one of said associations hereafter incorporated, shall not in the whole exceed fifty acres; And provided also, That in all cases the lands shall be disposed of within the ten years from the date of the incorporation of such associations respectively.

May purchase SECTION 3. That should any of the associations now or hereafter adjoining lands. incorporated, deem it necessary or expedient to purchase adjoining lands for the purpose of squaring their grounds in conformity with the streets running through or touching their lands, they are hereby fully authorized to make such purchases, and are invested with all the powers as regards the sale and conveyance in fee simple of the same given by this act over the grounds squared by such purchases.

Ground rents.

Savings funds and loan asso

ciations may purchase at

Sheriff's sales.

SECTION 4. That all land and building associations are hereby authorized to make sale of and assign or extinguish to any person or persons the ground rents created as aforesaid.

SECTION 5. That any savings fund and loan association incorporated by or under any act or acts of Assembly of this Commonwealth, is hereby authorized and empowered to purchase at any Sheriff's or other judicial sale or at any other sale, public or private, any real estate upon which such association shall then have or hold any mortgage, judgment, lien or other incumbrance, and the real estate so purchased or any other that such association may hold or be entitled to at the passage of this act, to sell, convey, lease, or mortgage at pleasure, to any member of such association.

APPROVED-The seventh day of March, A. D., one thousand eight hundred and fifty three.

WM. BIGLER.

Corporators.

No. 121.

AN ACT

To incorporate the Odd Fellows' hall association of Elizabeth, in Allegheny county; relative to the borough of Providence, in Luzerne county; and authorizing the school directors of the Fourth ward, Allegheny city, to borrow money..

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