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24. VI. The parties to any issue taken as aforesaid, shall be liable for the costs 14 June 1836 § 6. of the trial thereof, in like manner as if they only were parties in the proceeding.

P. L. 639.

their own costs.

25. VII. If judgment, upon all issues taken as aforesaid, be rendered for the Each liable for defendants, such judgments, and the pleadings and proceedings upon which they Judgment for deshall be founded, shall not estop, debar or otherwise affect the action which any fendant not to bar other person or body politic or corporate, may at any time have upon such bond, other suits on the nor shall such judgment debar any action which the said plaintiffs may have therein, for any subsequent breach or cause.

same bond.

26. VIII. If final judgment be rendered against the defendants upon any issue How judgment to taken as aforesaid, such judgment shall be as follows, to wit:

(1.) For the commonwealth, in the amount of such obligation or bond. (0) (2.) For the plaintiff in such issue, in the amount of damages assessed, and for the costs accrued between such plaintiff and the defendants.(p).

be entered.

monwealth not to

27. IX. The judgment of the commonwealth as aforesaid, shall remain for the Judgment for comsatisfaction of all persons entitled to the benefit of the bond or obligation upon be a lien, except in which it was rendered, and for all and singular the like uses and purposes; but certain cases. the said judgment shall not be a lien upon the real estate of the defendants, unless

the commonwealth shall have commenced the action, nor shall execution thereof

be had, except in the manner hereinafter provided.

28. X. The judgment for the plaintiff in such issue as aforesaid, shall be a Judgment for lien upon the real estate of the defendants, to the amount thereof, and such plaintiff to be a plaintiff may have execution thereof, on (or) a writ of scire facias, or other action

thereon, in like manner as may be had in a case of judgments in other personal

actions.

quent breaches.

29. XI. In all cases where the condition of any such bond shall be broken, after Scire facias may a judgment rendered for the commonwealth as aforesaid, it shall be lawful for the issue for subseparty aggrieved to proceed by writ of scire facias upon such judgment, suggesting his interest therein, to assess and recover the damages which he shall have sustained, in the manner hereinbefore provided in the case of the breach of the condition of a bond taken to secure the performance of a covenant, after a judgment had upon such bond.

30. XII. Every judgment rendered for the plaintiff in any such writ of scire Effect of judgment. facias, shall be of like effect to all intents and purposes, as judgments obtained by plaintiffs in other personal actions.

penalty and costs.

31. XIII. It shall be lawful for the sureties in any bond as aforesaid, to pay Sureties may pay into court, at any time after suit brought thereon, as aforesaid, the whole amount into court the of the penalty of the bond, with all costs of suit up to that time, and thereupon they shall be discharged from all further liability by reason thereof; but nothing herein contained shall debar any person of his action or of his execution against the officer, trustee or other person for whom such security was given, for any damages which shall not be paid out of such bond. (q)

cured.

32. All official bonds hereafter given by any clerk of either branch of the legis- 21 April 1846 § 6. lature, or by any county treasurer, or by any brigade inspector, or by any officer P. L. 414. on the public works, shall not be deemed invalid, on the ground that the same Certain defects in may not have been approved by the proper officer or officers, as directed by law; official bonds, but the same are hereby declared to be as good and valid in law against said public officers and their sureties as if said bonds had been executed and approved in due form of law; and no mistake in the bond of any collector or other public officer, as to the name of the officer described in the instrument intended for his official bond, shall in anywise invalidate such bond, but the same shall be considered to apply to the officer whose office was intended to be described in such bond.

BOOM COMPANIES.

See LUMBER.

(9) See supra 13, note e. The plaintiff may recover to the extent of the penalty, and interest thereon. Commonwealth v. Lynd, 9 W. N. C. 510.

(p) See Smith v. Commonwealth, 59 P. S. 326. Commonwealth v. Nealon, 8 Luz. L. Reg. 133.

(9) This act does not apply to bonds given before its passage. Myers v. Commonwealth, 2 W. & S. 60. Nor does it repeal the act 28 March 1803, § 4, relating to the limitation of actions on sheriffs' bonds. Commonwealth v. Rainey, 4 W. & S. 186.

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151. Quorum.

152. Monthly meetings.

153. Oath of office.

154. Duty to keep records.

155. To publish ordinances.

156. To appoint treasurer and secretary.

157. To give notice of all orders and regulations. 158. Plans of streets.

159. Notice of propositions to change streets and grading.

160. Appeals from assessments.

161. To fix security and compensation of officers. 162. Court of appeal. Collector of taxes to give notice of tax and time and place of appeal.

163. To fix compensation of election officers. 164. Corporate officers to receive no compensation.

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184. Duties of secretary. When certificate to be property. evidence.

185. Perform the duties of town clerk.

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XIX. BOARD OF HEALTH.

240. Board of health to be appointed to consist of five persons.

241. Duties and powers of board.

242. Members to be sworn. To organize annually. Salaries. To elect secretary and health officer.

Bonds.

243. Powers and duties as to infectious diseases. May establish hospitals. District physicians and sanitary agents.

244. Abatement of nuisances.

245. Registration of marriages, births and deaths. Rules and regulations. Penalties.

246. Board to submit to council an estimate of

1 A April 1834 § 1.

P. L. 163.

incorporated.

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I. Of the incorporation of boroughs.

1. The several courts of quarter sessions, within this commonwealth, shall have power, by and with the concurrence of the grand jury of the county, (r) to incorHow towns may be porate any town,(s) or village within their respective jurisdiction, [containing not less than three hundred inhabitants,](t) and every town or village so incorporated, shall be a body corporate and politic, by the name which shall be given or sanctioned by the court, and by that name shall be capable in law to purchase, have, hold, enjoy and retain for ever, or for a shorter term, lands, tenements and hereditaments, goods, chattels and effects of every kind whatsoever, that may be necessary to fulfil the end of the corporation; and the said corporation shall have perpetual succession, and in its name, 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, to have and to use one common seal, and the same, from time to time, at their will, to change and alter.(u)

Ibid. § 2.

Form of application.

Ibid. § 3.

To be laid before the grand jury, and be by them approved.

It

2. When application is made to the court by the inhabitants of any town or village, for the privileges conferred by this act, it shall be in writing, and shall be signed by a majority of the freeholders residing within the limits of the same. shall set forth the name, style and title of the proposed borough, with a particular description of the boundaries thereof, exhibiting the courses and distances in words at length, and be accompanied with a plot or draft of the same.

3. The court shall cause the aforesaid application to be laid before the grand jury, when in session, and if a majority of the said grand jury, after a full investigation of the case, shall find that the conditions prescribed by this act have been complied with, and shall believe that it is expedient to grant the prayer of the petitioners, they shall certify the same to the court, which certificate shall be entered of record, and no further proceedings shall be had, until the succeeding term of the said court, at which term the judgment of the grand jury may be confirmed; (v) and if the decree of the court shall be in conformity with the prayer of the petitioners, the said petition and decree shall be recorded in the recorder's office of the proper county, at the expense of the applicants, and from thenceforth, the said town or village shall be deemed an incorporated borough, and shall be entitled to the several rights, privileges and immunities conferred by this act, subject to such modifications as may be hereafter made by the legislature. But, if the court shall deem further investigation necessary, they may take such order thereon, as to right and justice shall appertain. The same proceedings shall Change of limits, be had, on an application to change the limits of any borough incorporated under this act, and the courts aforesaid shall have full power to decree such alteration as may be needful.(w)

how made.

Ibid. § 4.

Courts may alter

4. The several courts of quarter sessions aforesaid, shall also have power with the concurrence of the grand jury of the county, and upon the application in writor annul borough ing of two-thirds of the taxable inhabitants of any borough now incorporated, or that may hereafter be incorporated, to annul or alter the charter of the same, and similar proceedings shall be had on such application, as in the case of incorporating a borough.

charters.

3 April 1851 § 21. P. L. 325.

Powers of courts on incorporation of a borough.

Ibid. § 31.

Limitation of right to hold property.

5. The several courts of quarter sessions within this commonwealth shall have power, as provided by law, to incorporate boroughs without regard to the population thereof,(x) which shall be subject to the provisions of this act, to fix the time and place of holding the first election therein, to designate a person to give due notice of such election and the manner thereof, to appoint a judge and inspectors at such first election from among the electors of the borough, to fix and change the time and place within the same of holding the annual borough election.

6. Boroughs incorporated by the court of the proper county shall be limited to hold real and personal estate not exceeding the yearly value of three thousand dollars.

(r) See infra 12.

(s) This does not authorize the incorporation into a borough of two or more villages, together with a tract of open farming country. Borough of West Philadelphia, 5 W. & S. 281. The act is to be strictly construed. Ibid. The courts have no power to incorporate a village so as to include within the boundaries of the corporation a large body of surrounding farm lands; no more than the village itself, with its proper territory, can be thus incorporated. Borough of Little Meadows, 28 P. S. 256; s. c. 35 Ibid. 335. See Borough of Se

wickley, 36 Ibid. 80. See Yeadon Borough, 14 C. C. 290.

(t) See infra 5.

(u) The remainder of this section supplied, infra 6. This act is in force so far as not altered or supplied by later enactments. McFate's Appeal, 105 P. S. 323.

(v) Incorporation of Warriorsmark, 31 L. I. 317. (w) See Borough of Middleport, 1 Leg. Chron. 3. Darby v. Sharon Hill, 112 P. S. 66.

(x) See Borough of Blooming Valley, 56 P. S. 66. Philadelphia and Reading Coal and Iron Co. v. Herold, 1 Leg. Rec. R. 130.

7. The corporate style and title of boroughs incorporated under this act shall be 8 April 1851 § 28. "The Borough of

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8. All charters granted under this act shall set forth: I. The corporate style and title of the borough. II. The boundaries thereof. III. The time and place of holding the annual borough election.

P. L. 325. Ibid. § 29.

What charters to contain.

P. L. 283.

Proceedings on ap

9. Any application for the incorporation of a borough, under the general 2 June 1871 § 1. borough acts of first of April 1834 and third of April 1851, shall be laid before the grand jury, at the same term of the court when presented, whenever the same can be conveniently done, and in no case later than the next subsequent term of plication. the court, and shall be signed by the petitioners whose names are attached thereto, within the three months immediately preceding its presentation to the court;(y) and public notice of the intended application for a borough charter shall be given in at least one newspaper of the proper county, for a period of not less than thirty days immediately before the petition shall be presented;(z) the foregoing regulations shall also apply to any application to a court of competent jurisdiction under the said acts, or either of them, for a change of borough limits, or to annul or alter a borough charter, or to bring a borough created or regulated by special laws under the operation of the aforesaid act of 3d of April 1851.

P. L. 825.

10. Every borough hereafter incorporated by an act of the general assembly, 8 April 1851 § 22. shall, unless otherwise provided, be subject to the provisions of this act; and the courts of quarter sessions shall have power to fix the time and place of holding Boroughs subject borough elections as herein provided, and shall in like manner appoint the officers to act. to hold the first election, and a person to give notice thereof.

Ibid. § 33.

revised act.

11. Any borough heretofore incorporated, may, upon application to the court of quarter sessions, become subject to the restrictions and possess the powers and Boroughs may beprivileges conferred by this act: Provided, That the said court may in their dis- come subject to cretion refuse such application on the remonstrance of the inhabitants: And provided further, That upon such application being confirmed by the said court, the provisions of the former charter shall be annulled by the decree of the court, so far as they are in conflict with the provisions of this act.

P. L. 161.

confirmed.

12. All boroughs incorporated under the general borough laws, which have 27 June 1883 § 1. not recorded their charter, but have otherwise complied with the law, shall, upon the recording of the same, become a legal borough from the date of its charter; Certain charters and all elections, proceedings, by-laws, and the corporate acts of its officers are hereby declared as legal and valid, and to have the same force and effect as if Official acts legalsaid charter had been duly recorded as required by law, upon the decree of its incorporation.

ized.

26 May 1891. P. L. 120.

13. Whenever heretofore the borough authorities or citizens of any borough have made application to the court of quarter sessions of the peace of the proper county, to be brought under the operation of the act of assembly, entitled "An Decrees bringing act regulating boroughs," approved the third day of April, Anno Domini one the act 3 April boroughs under thousand eight hundred and fifty-one, and the said court, after publication of 1851, validated. notice, as directed by the court, of such application, and without having laid the same before the grand jury, granted and confirmed the application and made a decree that such borough should become subject to the restrictions and possess the powers and privileges conferred by said act of the third of April, Anno Domini one thousand eight hundred and fifty-one, such decree shall be taken and held to be legal and valid and of the same force and effect, as if the application had been laid before and approved by the grand jury.

P. L. 200.

the boundaries of a

14. Whenever an application has been, or shall hereafter be, made, by the 1 April 1863 § 1. freeholders of any town or village in the commonwealth, for an act of incorporation into a borough, and the boundaries fixed by the petitioners shall embrace Court may exclude lands exclusively used for the purposes of farming, and not properly belonging to farm lands from the town or village, the courts of quarter sessions of the county where such appli- proposed borough. cation is made, shall have power, at the request of the party aggrieved, to change and modify such boundaries, so as to exclude therefrom the land used for farming purposes.

P. L. 325. Boundaries to be marked.

9 May 1889. P. L. 174.

15. The boundaries of the borough shall, as soon as practicable after its incor- 8 April 1851 § 25. poration, be determined and marked, due notice being first given to the supervisors of adjoining townships, or to the corporate authorities of adjoining boroughs. 16. In all proceedings now pending, or which may hereafter be instituted, in any court of quarter sessions within this commonwealth for the erection of boroughs, wherein a decree has been entered incorporating any town or village, an appeal shall lie from any such decree, within twenty days from the recording of cree of incorporasuch decree, by not less than three persons aggrieved thereby, to the supreme tion. court of this commonwealth.

(y) The record must show that this requirement has been complied with. Borough of Osborne, 101 P. 8. 284. Borough of Versailles, 34 W. N. C. 48. But this can be shown and made a matter of record at any time before final decree. In re Borough, 114 P. S. 362. See In re Borough, 18 W. N. C. 82. Linfield Borough,

Appeal from de

1 Montg. 34. Pennsburg Borough, 3 Montg. 187. Warriorsmark Borough, 1 Walker 66. In re Borough, 22 W. N. C. 106. Eddystone Borough, 3 Del. 541.

(z) The notice must state the time and place when and where the petition will be presented. Borough of Osborne, 101 P. S. 284.

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