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P. L. 335.

their successors are duly qualified. Vacancies in the office of overseer of the poor 6 June 1893 § 9. and street commissioner shall be filled in the manner provided by law.

Ibid. § 10.

Treasurer.

52. The town council of the new borough at their first session after the consummation of the consolidation shall designate by ballot which of the treasurers of the two boroughs shall be treasurer of the new borough, which of the high constables shall be the high constable of the new borough, and which of the auditors Constable. shall be the auditors of the new borough. They shall also select some suitable person to be clerk of the council, and thereafter, annually, the qualified electors of Clerk of council. such borough shall elect one person as high constable, one person as borough Borough officers. treasurer and three persons as auditors, and the town council shall select the clerk of the council.

53. Justices of the peace in office in each of such boroughs shall continue in office until the expiration of their respective commissions, and no election for justices of the peace shall be held in such borough until the number has been reduced to two by the expiration of the commissions of the persons in office, and thereafter there shall be two justices of the peace in such new borough, who shall hold their offices for the term and be elected and qualified in the manner provided by law.

Ibid. § 11.

Justices of the

peace.

Ibid. § 12.

Tax collectors.

54. The respective tax collectors of said boroughs shall continue in office until the expirations of their respective terms of service, and shall respectively have all the authority of collectors of taxes within the limits of such new borough for the collection of taxes set forth in their respective duplicates, and at the first municipal election after such consolidation, and thereafter, triennially, the qualified electors of When elected. such borough shall elect one person to be collector of taxes of such borough, who shall have all the power and authority of collectors of state and county taxes under Powers. the general laws of this commonwealth, and shall also be the collector of the borough, road, poor and school taxes levied by the proper authorities of said borough, and all precepts and duplicates shall be issued and delivered to said collector of taxes, who shall give security for the faithful performance of duties in the manner Bond. provided by the laws of the commonwealth relative to collectors of taxes.

VI. Division into wards.

P. L. 159.

55. The several courts of quarter sessions shall have authority, within their 17 May 1874 § 1. respective counties, to divide boroughs into wards, to erect new wards out of parts of two or more adjoining wards, to divide any ward already erected into two or Erection of wards. more wards, to alter the lines of any two or more adjoining wards, so as to suit the convenience of the inhabitants thereof, and to cause the lines or boundaries to be ascertained and established.

Ibid. § 2.

56. Upon application by petition(i) of at least twenty freeholders, resident in the borough or ward, to a court of quarter sessions, for the purpose of dividing any Commissioners to borough into wards, of erecting one or more new wards out of parts of two or be appointed. more adjoining wards, or dividing any ward already erected into two or more wards, of altering the lines of any wards, or of ascertaining and establishing the lines or boundaries of any ward or wards, the said court shall appoint three impartial men to inquire into the propriety of granting the prayer of the petition; and it shall be the duty of the commissioners so appointed, or any two of them, to Their duties. make a plot or draft of the borough or wards proposed to be divided, of the proposed new wards and the division lines proposed to be made thereon, or of the lines proposed to be altered of two or more adjoining wards, or of the lines proposed to be ascertained and established, as the case may be, if the same cannot be fully designated by natural lines or boundaries; all which they, or any two of them, shall report to the next court of quarter sessions, together with their opinion of the same.

Ibid. § 3. Proceedings on

57. When a report has been made by said commissioners, it shall be confirmed nisi by said court, which confirmation shall become absolute, unless exceptions be filed to the same, not later than the third day of the next term of said court; report. and should exceptions be filed, as aforesaid, they shall be disposed of on evidence, as said court shall deem just: Provided, That if desired, a review may be had, if, Review. in the opinion of the court, it may be necessary to secure a fair adjudication of the same; said review to be asked for before the report has been confirmed absolutely, however. (k)

13 May 1889. P. L. 193.

58. When said report shall have been confirmed by the court, it shall at the same time decree the election of an equal number of councilmen and school Election of officers directors in each of the wards, in such a manner as not to interfere with the terins after a decree of those heretofore elected. And the said court may, after having once fixed the dividing a borough number of councilmen and school directors, increase the same, on petition of Court may increase citizens of any such borough, to any number not exceeding three for each ward, the number of and at the next succeeding municipal election thereafter the number of council- officers.

(i) The petition need not ask for a division into a definite number of wards, and suggest the boundaries thereof; that is a matter for the judgment of

into wards.

the commissioners, under the supervision of the court.
Division of Gettysburg, 90 P. S. 355.
(k) Supra 55.

13 May 1889. P. L. 193.

14 May 1874 § 5. P. L. 160.

17 Feb. 1876 § 1. P. L. 6.

Increase of coun

directors.

men and school directors, so as aforesaid fixed, shall be elected as is provided for by existing laws. (1)

59. The compensation of the commissioners shall be the same as that now paid to road viewers, and to be paid in the same manner.

60. Upon the division of any borough into wards, or the erection of a new ward or wards in any borough, being had pursuant to the provisions of an act of the general assembly, entitled "An act to prescribe the manner by which courts may cilmen and school divide boroughs into wards," approved the 14th day of May, Anno Domini 1874, (m) it shall be lawful for the court decreeing such division, in all cases where the number of councilmen or school directors of such borough cannot be equally divided among the respective wards created by such division, to increase the number of councilmen and school directors to and not exceeding such number as will enable the court to make an equal apportionment of the same among the respective wards.

Ibid. § 2.

Act extended to

pending proceedings.

24 March 1877 § 1. P. L. 47.

Jurisdiction of quarter sessions.

10 May 1878 § 1. P. L. 51.

61. The provisions of this act shall extend and apply to all proceedings now pending, or which may be hereafter instituted, pursuant to the provisions of the act to which this is a supplement.

62. The several courts of quarter sessions shall have authority, within their respective counties, to divide boroughs into wards, by erecting two or more wards, or parts of two or more wards, into one ward, so as to suit the convenience of the inhabitants thereof.

63. Whenever any borough in this commonwealth may be divided into wards, in accordance with the provisions of the act to which this is a supplement.(n) Each ward to be an every such ward, from and after such division, shall be a separate election district, and annually thereafter shall elect not less than one nor more than three members of borough councils, (o) and shall elect such other public officers as are authorized in boroughs, wards and election districts under existing laws.

election district.

Election of officers.

Ibid. § 2.

Duties of as

sessors.

Ibid. § 3. Return of elections.

Ibid. § 4.

officers not to be

64. In every such borough there shall be elected a burgess, assistant burgess, two justices of the peace, three auditors, high constable and six school directors, who shall be chosen by the concurrent votes of each ward, and their election shall be ascertained and declared by the joint certificates of the judges of election as hereinafter provided: And provided further, That school directors and the other officers who shall be so chosen by the concurrent votes of said wards, shall be chosen for such terms as are now provided by existing laws.

65. In all boroughs which may be divided into more than two'wards under said act, the assessors elected for the various wards shall jointly perform the duties required by law of assistant assessors, in making the triennial assessment in the several wards; and there shall not in any such wards be any assistant assessors

elected.

66. On the first Friday after each borough election held in boroughs divided as aforesaid, the judges of election of the various wards in such borough shall meet at the place of meeting of town councils in such borough, at nine o'clock in the forenoon, and, after organizing, shall canvass the votes cast for officers required by the first section of this act to be elected by the concurrent votes of the various wards in such borough, and shall ascertain and declare the result of such election, and grant certificates to the persons elected to fill such offices.

67. Such borough officers as may be in office at the time of the division of any Terms of existing such borough into wards as aforesaid, shall remain in office until the expiration of the terms for which they may have been elected; and in case any vacancy shall occur, the same may be filled by appointment of the court of quarter sessions of the proper county, until the next regular borough election.

affected.

Vacancies.

Ibid. § 5.

of election, and

68. The court of quarter sessions of the proper county shall have power to fix the place for holding elections in the various wards of every such borough, and Courts to fix places from time to time, as occasion may require, to change the same in the manner provided by existing laws; and shall appoint for each ward such judges and inspectors of election, to hold the first election after such division, as are, by law, required in the case of borough and township elections.

appoint election officers.

Ibid. § 6.

To embrace pending cases.

69. The provisions hereof shall be construed to extend to any cases where proceedings shall have been begun and are now pending, under the act to which this is a supplement; and so much of said act as is inconsistent herewith is hereby repealed.

(1) This is an amendment of the act 14 May 1874, § 4, P. L. 159. See the act 16 February 1883, § 1, P. L. 5. In boroughs which are divided into wards, school directors are to be elected by the wards separately. This act is constitutional. Commonwealth v. Taylor, 31 W. N. C. 51. Gormley v. Campbell, Ibid. 53.

(m) This act is not unconstitutional. Eighth Ward of Norristown, 19 W. N. C. 510.

(n) They are not entitled to elect justices of the peace, by wards, unless specially authorized by statute, or order of court. Commonwealth v. Eno, 1 Kulp 343.

(0) Ward representation is not abolished by the act 1 June 1883, P. L. 54. Commonwealth v. Van Loon, 4 Kulp 338. Commonwealth v. Dolphin, 2 C. P.

85. Where the wards of a borough are subdivided, only two justices of the peace can be elected in the entire borough; and that, by the concurrent votes of all its electors. This act repeals the special act of 19 May 1871, relating to Shamokin borough. Commonwealth v. Pattison, 12 C. C. 202. Matter of Shamokin Borough, Ibid. 65. Where additional wards are created, councilmen must be elected by the people at the next election; the quarter sessions has no jurisdiction under this act to appoint councilmen in such a case. Tyrone Borough, 13 C. C. 651. A member of the council who moves out of the ward which he represents, will be ousted upon quo warranto. Commonwealth v. Yeakel, 13 C. C. 615.

VII. Corporate powers.

70. Every borough within this commonwealth that hereafter (p) may be incor- 3 April 1851 § 1. porated by an act of the general assembly, or by the court of quarter sessions of

any county, shall have power

P. L. 320.

Corporate succes

sion.

71. I. To have succession by its corporate name perpetually. 72. II. To sue and be sued, to complain and defend, in all courts of record, (9) To sue, &c.

and elsewhere.

Seal.

73. III. To make and use a common seal, (r) and alter the same at pleasure. 74. IV. To hold, purchase and convey such real and personal estate as the To hold property. purposes of the borough shall require, not exceeding the amount limited in its

charter.

75. The powers of the corporation shall be vested in the corporate officers designated in the charter, they shall have power

Ibid. § 2.

Powers to be

76. I. To make such laws, ordinances, by-laws and regulations not inconsistent vested in officers. with the laws of this commonwealth, as they shall deem necessary for the good To make by-laws. order and government of the borough. (s)

and sewers.

77. II. To survey, lay out, enact and ordain such roads, streets, lanes, alleys, Lay out streets courts and common sewers as they may deem necessary, and to provide for, enact and ordain the widening and straightening of the same.(t)

tions.

78. III. To prohibit the erection or construction of any building or work, Prohibit obstrucexcavation or other obstruction, to the opening, widening, straightening and convenient use thereof.

grade roads,

streets, &c.

foot-walks.

79. IV. To regulate the roads, streets, lanes, alleys, common sewers, public To regulate and squares, common grounds, foot-walks, pavements, gutters, culverts and drains, and the heights, grades, widths, slopes and forms thereof, and they shall have all other needful jurisdiction over the same; and they shall have power to survey, Survey and lay out lay out, enact and ordain foot-walks, pavements, gutters, culverts and drains, over and upon the lands abutting on and along the sides of turnpike roads which may be within the limits of said boroughs, and to fix the size and width thereof, Fix size and reand to require the grading, curbing and guttering thereof, by the owner or owners quire curbing. of land respectively fronting thereon, in accordance with the general regulations prescribed. (u)

80. V. To require and direct the grading, curbing, paving and guttering of Grading, curbing, the side or foot walks, by the owner or owners of the lots of ground respectively paving, &c., of fronting thereon, in accordance with the general regulations prescribed.

foot-walks.

thereof, if not done

81. VI. To cause the same to be done on failure of the owners thereof, within To collect the cost the time prescribed by the general regulations, and to collect the cost of the work by the owners of and materials, with twenty per centum advance thereon (v) from said owners, as property. claims are by law recoverable under the provisions of the law relative to mechanics' Liens therefor. liens; and the particulars of such labor and materials, the name or names of the actual or reputed owner or owners, as also of the occupier or occupiers of the premises for the time being, shall be set forth in a statement to be filed within thirty days after such expense shall have been incurred.(w)

82. VII. To make all needful regulations respecting the foundations and party- Party-walls, &c. walls of buildings, and respecting vaults, cesspools, sinks, drains and partition fences.

83. VIII. To enter upon the lands and premises of any person or persons, for To enter on lands. the purposes authorized by this act, by themselves and their duly-appointed officers

and agents.

84. IX. To prohibit and otherwise regulate the running at large of horses, Running at large cattle, sheep, swine, geese, dogs and other animals, and to authorize their seizure of animals. and sale for the benefit of the borough.

85. X. To authorize and direct the killing of dogs running at large, contrary to Killing of dogs. the regulations of the borough.

86. XI. To make all needful regulations respecting markets(x) and market- Markets. days, the hawking and peddling of market-produce and other articles in the

(p) This act is prospective only. Commonwealth v. Montrose Borough, 52 P. S. 391.

(q) A borough can only be sued in a court having jurisdiction within its territorial limits. Oil City v. Me Aboy, 74 P. S. 249.

(r) The seal of a corporation is primâ facie evidence that the contract has been duly entered into by them. Berks and Dauphin Turnpike Road v. Myers, 6 S. & R. 16.

(s) It is within the legitimate province of the burgesses of a borough to offer rewards for the detection of offences against the general safety of the inhabitants. Borough of York v. Forscht, 23 P. S. 391. Corporations have power, at common law, to make by-laws for the general good. They must, however, be reasonable and for the common benefit, not in restraint of trade, nor imposing a burden without an apparent benefit. Northern Liberties v. Northern

Liberties Gas Co., 12 P. S. 321. They are binding on a private corporation located within the limits of the borough. Ibid. And see Carlisle v. Baker, 1 Y. 471. Respublica v. Duquet, 2 Y. 493. Stiles v. Jones, 3 Y. 471. Douglass v. Commonwealth, 2 R. 263. Mayor v. Davis, 6 W. & S. 269. McDermond v. Kennedy, Bright. 332. Manayunk v. Davis, 2 Pars. 289.

(t) See Alley in Kutztown, 2 Wood. 373.

(u) So amended by act 22 May 1883, P. L. 39. See White v. Commonwealth, 37 L. I. 354. Borough v. Green, 22 W. N. C. 180.

(2) This is a penalty, and not a claim under the mechanics' lien law. Yates v. Borough of Meadville,

56 P. S. 21.

(w) See "Mechanics' Liens," and "Municipal Claims."

(2) By the common law of Pennsylvania, every municipal corporation, that has power to make by

3 April 1851 § 2. borough,, and for the inspection and measurement or weight of cord-wood, hay, coal and other articles sold or offered for sale in the borough.

P. L. 320.

Weights and meas

ures.

Nuisances.

Noxious and dan

87. XII. To regulate annually the scales, weights and measures within the borough, according to the standard of the commonwealth. (y)

88. XIII. To prohibit and remove any obstructions in the highways of the borough, and any nuisance or offensive matter, whether in the highways or in public or private ground, and to require the removal of the same by the owner or occupier of such grounds; in default of which, the corporation may cause the same to be done, and collect the cost thereof, with twenty per centum advance thereon, in the manner provided herein for the cost of pavements made by the corporation.

89. XIV. To prohibit within the borough the carrying on of any manufacture, gerous trades, &c. art, trade or business which may be noxious or offensive to the inhabitants: the manufacture, sale or exposure of fire-works or other inflammable or dangerous articles, and to limit and prescribe the quantities that may be kept in one place of gunpowder, fire-works, turpentine and other inflammable articles, and to prescribe such other safeguards as may be necessary.

Storage of gun-
powder, &c.

Keeping of manure
and hogs.

Interments.

Health and cleanli

ness.

Fires and fire com-
panies.

Plays and exhibi-
tions.

Watch, light and

water.

Fines and penal-
ties.
Lock-up.

90. XV. To make such regulations relative to accumulations of manure, compost and the like in barns, stable-yards and other places, and to prohibit the keeping of hogs within the borough, or within such limits within the same as they may prescribe.

91. XVI. To prohibit within the borough the burial or interment of deceased persons, or within such partial limits within the same as they may from time to time prescribe, and to regulate the depth of graves.

92. XVII. To make such other regulations as may be necessary for the health and cleanliness of the borough.

93. XVIII. To make regulations relative to the cause and management of fires, and within such limits within the borough as they may deem proper to prescribe; and to authorize the borough authorities to appropriate money for the purchase of fire-engines for the use of said borough, and to fire companies. (z)

94. XIX. To regulate and prohibit the exhibition of plays, shows, mountebanks, jugglers and all other exhibitions within the same.

95. XX. To establish a nightly watch, to light the streets, to provide a supply of water for the use of the inhabitants, to make all needful regulations for the protection of the pipes, lamps, reservoirs and other constructions or apparatus, and to prevent the waste of water so supplied.

96. XXI. To impose fines and penalties, incurring partial or total forfeitures, to remit the same, to provide or erect a lock-up house for the temporary detention of persons committed by the proper corporate officers, or by justices of the peace Period of confine within the borough: Provided, That no person shall be confined in such lock-up house for a longer period than forty-eight hours at any one time.

ment.

Appoint and re-
move officers.

Fees of officers.

See amendment
26 June 1895,
P. L. 347,
Supp. 2524.

ixes for borough
irposes.

Tax on dogs.

To borrow money.

97. XXII. To appoint and remove such officers, prescribe their duties, and allow them such compensation as they may deem necessary to secure the peace, order and well-being of the inhabitants, and to enforce the ordinances and regulations of the borough.

98. XXIII. To prescribe such fees as they may deem proper for the services of their officers in the adjustment of the grades, curbs, lines, party-walls, partition fences and the like, and to enforce the payment of the same.

99. XXIV. To levy and collect annually, for borough purposes, any tax not exceeding one-half cent on the dollar on the valuation assessed for county purposes as now is or may be provided by law; all property, offices, professions and persons made taxable by the laws of this commonwealth for county rates and levies, shall be taxable after the same manner for borough purposes. (a)

100. XXV. To levy and collect annually on a tax on the owners of dogs and bitches, not exceeding one dollar on the owner of but one dog, or two dollars on the owner of but one bitch, and to levy and collect such additional tax on the owners of more than one dog or bitch, and in such ratio of increase, as they may deem proper.(b)

101. XXVI. To borrow money for the use of the borough not exceeding in the whole one dollar in every hundred dollars of the assessed value of the real and personal estate in the borough as assessed for county purposes, and to issue certificates therefor bearing interest not exceeding six per centum: Provided, That the same shall not be disposed of at less than par value: And provided further, That such loan shall be subject only to the payment of state taxes.

laws and establish ordinances to promote the general
welfare, and preserve the peace of a town or city, may
fix the times or places of holding public markets for
the sale of food, and make such other regulations con-
cerning them, as may conduce to the public interest.
And the right to establish a market includes the right
to shift it from place to place, when the convenience
or necessities of the people demand it. Wartman v.
Philadelphia, 33 P. S. 202.

(y) The county sealer has jurisdiction within the

borough, concurrently with the borough officers. Wilkesbarre v. Bloom, 1 Luz. L. Obs. 148.

(z) See Bethlehem v. Perseverance Fire Co., 81 P. S. 445.

(a) A borough has no authority, under this act, to assess and levy a tax upon moneys at interest, or moneys owing by solvent debtors. Goepp v. Borough of Bethlehem, 28 P. S. 249. And see Borough of Carlisle v. Marshall, 36 Ibid. 401.

(b) See Boyd v. Reiber, -8 Luz. L. Reg. 206.

P. L. 158.

Redemption of

102. In all cases where any borough in this commonwealth has, by virtue of any 11 June 1879 § 1. general or special act of assembly, issued bonds, either with or without coupons attached, to secure any indebtedness of any such borough, it shall be lawful for the burgess and town council of any such borough to redeem any or all of the bonds before mabonds so issued as aforesaid, before the maturity thereof, with the consent of the turity authorized. holders thereof, and issue new bonds to secure such indebtedness, at any lower rate New bonds may of interest; the bonds so issued not to exceed in amount the amount of the bonds be issued. so redeemed.(bb)

103. The burgess and town council of each of the several boroughs throughout 16 April 1875 § 1. this commonwealth, be and are hereby authorized and empowered to levy and col

P. L. 55.

lect, in each and every year, an annual tax upon the assessed valuation of each of Special tax authothe said several boroughs, in addition to the tax which they are already authorized rized. by law to levy and collect, a special or additional tax, not exceeding a per centum

of eight mills on each dollar of such assessed valuations.

P. L. 302.

gas and electric

104. The money so raised and collected shall be used, laid out and expended 16 June 1891 § 1. for the following purposes and none other, namely: For the purpose of purchasing, erecting, contracting for and maintaining such fire plugs or hydrants, posts, Special tax approgas, kerosine or electric lamps (c) and hose for fire engine companies as may be priated to water, required to supply the said boroughs with a sufficient supply of water for the lighting. extinguishment of fires, cleansing the streets and other public purposes, and with gas, kerosene oil, electric light or other illuminant for the purpose of properly lighting and illuminating the streets, lanes, alleys and other public places in said boroughs, of paying for said gas, water, electric light and hose for fire engines, and defraying the expenses in making all necessary attachments to gas, water and electric mains in said boroughs, together with all necessary expenses in securing a full, sufficient and abundant supply of gas, water, electricity and hose for fire engines in and throughout said boroughs for said purposes, subject to all the further provisions of said act.(d)

Ibid. § 2.

105. Where any of the boroughs of this commonwealth have heretofore accepted the provisions of the act of general assembly to which this is a supplement, Boroughs may exapproved April sixteenth, one thousand eight hundred and seventy-five, and the pend funds for special or additional tax has been duly authorized as provided by said act, it shall electric light. be lawful for the burgess and town council of such boroughs to use, lay out and expend any part of such funds so raised and collected as may be necessary for the purpose of lighting said boroughs with electric light.

act.

P. L. 55.

106. Provided, however, Before the burgess and town council of any or either of 16 April 1875 § 2. the said boroughs, unless heretofore otherwise authorized by law, shall be entitled to exercise any of the powers conferred by virtue of this act, the same shall be Acceptance of the approved of and accepted by the majority of the town council of such borough or boroughs, at any one of their regular stated meetings, by resolution, which said resolution shall be entered upon their regular minutes. At the same meeting, a Special election. time for holding special election for a vote of the people shall be fixed and entered upon the regular minutes; whereupon it shall be the duty of the burgess of the said borough to notify the constable or constables of the same, who are hereby authorized and required, within ten days after the receipt of such notice, to make proclamation, in the same manner and for the same length of time as is provided by law in case of borough and township elections, for a special election, to be held in the usual places of holding borough elections for said borough; said special election to be held by the board or boards of borough election officers; at which time and place the legal voters of said borough shall vote for the adoption or rejection of this act, by voting written or printed tickets, having on the outside the words "gas and water tax," and on the inside "for gas and water tax," or - against gas and water tax." The majority of the legal votes so cast for or against a gas and water tax, shall decide for or against the application of the said act to the said borough: the expenses of said election to be paid out of the general fund of said borough: And provided also, That nothing in this act shall be construed to authorize the levying or collection of such special or additional tax in boroughs where water or gas works have heretofore been erected by such boroughs.(e)

107. Every borough or incorporated town heretofore incorporated, or hereafter 5 May 1876 § 1. to be incorporated, within this commonwealth, shall, in addition to the powers P. L. 112. already granted or to be granted, have the right and authority to regulate, license To license amuseor prohibit theatrical exhibitions, concerts, circuses, shows, mountebanks and ment. jugglers, and all other exhibitions, within the limits of said boroughs or incorporated towns.

108. For the purpose of carrying this act into effect, every borough or incorporated town within this commonwealth shall have power, by its proper officers, to pass such ordinances or by-laws as may be necessary for that purpose, and also to impose fines, to be collected by an action of debt, or penalties, to be enforced by (5) The act 14 April 1881, P. L. 10, authorizes boroughs to issue new bonds with or without coupons to redeem outstanding bonds.

(e) See Ex parte Archbald, 1 Leg. Rec. R. 116. Borough of Plymouth, 1 Kulp 330.

Ibid. § 2.

How enforced.

(d) This is an amendment to the act 8 May 1876, § 1, P. L. 147.

(e) The act of 1 May 1876, P. L. 93, as to ballots, was unconstitutional. Burrett's Appeal, 116 P. S.

486.

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