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154. III. To make full records of their proceedings, and to provide for the pres- 8 April 1851 § 8. ervation thereof.

P. L. 323.

nances.

155. IV. To publish in at least one newspaper, if such be printed in the proper To keep records. county, and by not less than twelve advertisements, to be put up in the most pub- Publish ordilic places in the borough, every enactment, regulation, ordinance or other general law, at least ten days before the same shall take effect. 156. V. To appoint a treasurer and secretary.

Appoint treasurer.

157. VI. To give due and reasonable personal notice of all orders and regula- Give, &c., notice tions affecting particular individuals.

of orders.

158. VII. To make a draft or plan of the roads, streets, lanes, alleys and courts Make plans of opened or laid out, with every explanation necessary to a full understanding of the streets laid out. same, which draft or plan shall be kept by the clerk, and shall be open to public

inspection when required.

159. VIII. To give due and personal notice to all persons resident in the bor- Give notice of ough, directly interested therein, of any proposition to fix or change the roads, propositions to change the streets, streets, lanes, alleys or courts, or in the grading or other regulation thereof, and to or the grading designate a time and place when they shall be heard in relation thereto, and in thereof. the case of persons not residing in the borough, such notice shall be given to the occupants of the respective premises by them held affected by such proposition, or if unoccupied, by written or printed notices conspicuously posted upon such premises.

160. IX. To appoint a time and place, of which due notice shall be given, for Appeals from asthe hearing of appeals in relation to the assessment of taxes, by such corporate offi- sessments. cers, not less than three of whom they may designate, who shall have power to grant such relief as may to them seem proper.

tion.

161. X. To fix, from time to time, the amount of security to be given by the Fix officers' securtreasurer, high constable and the collector of borough taxes, and their compensa- ity and compensation; and to direct the publication of the accounts of the treasurer annually, and the mode of publication.

P. L. 167.

162. The town council of every borough hereafter incorporated, shall constitute 1 April 1834 § 18. a court of appeal, and prior to the collection of any borough tax, the collector shall inform each inhabitant of the amount of his tax, and of the time and place of Collector to give appeal: Provided, That the court of appeal shall have no other power, as such, than notice of time and to determine the apportionment of said taxes, and to remedy any grievance that place of appeal.

may occur.

Ibid. § 15.

To fix compensa

163. The town council of every borough hereafter incorporated shall, from time to time, fix the salaries of the high constable, town-clerk,(t) treasurer, street commissioner, and such other officer as they may appoint; and also the compensation tion of election to be made to the judges, inspectors and clerks of the election for borough officers; officers. which salaries and allowances shall be paid out of the proper borough treasury, by orders drawn thereon, signed by the burgess.

164. The corporate officers shall receive no compensation for their services in 8 April 1851 § 4. that capacity, excepting such as may be specially authorized by law.

IX. Borough officers.

P. L. 323.

165. The term of office of every borough officer hereafter elected, whose term of 13 June 1883 § 1. office would, under existing laws, expire on the first Monday of April of any year, P. L. 121. shall expire on the first Monday of March next preceding said first Monday of Commencement of April, and the terms of the successors of such borough officers shall begin on the term of borough first Monday of March, and shall continue for the period now fixed for the dura- officers. tion thereof by existing laws.

P. L. 825.

elected.

166. It shall be lawful for the borough electors, at the first borough election, to 8 April 1851 § 26. elect six school-directors, under the provisions of the laws regulating common schools, and two justices of the peace, to serve for a term of five years, and there- School-directors after to elect justices of the peace and school-directors as directed by law: Pro- and justices to be vided, This section shall not be so construed as to authorize the commissioning of, or to have commissioned more than two justices at the same time residing within said borough, unless under the provisions of the existing laws they have, by a vote of the electors, increased the number of justices within the limits of any such borough or boroughs.

P. L. 167.

167. The [burgess, town council and] (u) high constable, before entering on the 1 April 1834 § 7. duties of their respective offices, shall each take and subscribe an oath or affirmation before some justice of the peace, to support the constitution of the United To take oath of States and of this state, and to perform the duties of their respective offices with office. fidelity, and the certificates of such oaths and affirmations shall be filed among the records of said corporation.

168. The town-clerk, treasurer, street commissioner and collector, as well as all other officers who may be appointed by the town council of every borough hereafter incorporated, shall, at such time and times as the town council may direct, render their accounts respectively to the said town council for settlement.

(t) See infra 185.

Ibid. § 12.

Officers to render account to town council.

(u) See supra 153.

1 April 1834 § 16.
P. L. 167.

169. If any person appointed by the town council of any borough hereafter incorporated, shall neglect or refuse to take upon himself the duties of the office to Penalty for refus- which he shall be so appointed, he shall, for the same, forfeit and pay, for the use of the proper borough, the sum of ten dollars, to be recovered as other fines and forfeitures are by this act recoverable.(v)

ing to accept

office.

28 May 1893 § 1.
P. L. 113.

Chief burgess shall

be elected for three
years.

Not to hold office

two successive
terms.

Ibid. § 2.

Not to hold any
other borough
office or preside

at meetings of
council.

Ibid. § 3.

To approve or
veto every ordi-

tion.

X. Chief burgess.

170. The qualified voters of every borough in the commonwealth of Pennsylvania shall, on the third Tuesday of February, Anno Domini one thousand eight hundred and ninety-four, and triennially thereafter, vote for and elect a properly qualified person for chief burgess in each of said boroughs, who shall serve for the term of three years, and shall not be eligible to the office for the next succeeding

term.

171. Such chief burgess shall not hold any other borough office or appointment during the term for which he is elected, nor be a member of, nor preside at the meetings of the town council of said borough. But said meetings shall be presided over by a president of council to be at the annual organization thereof elected by , such council from among their number; and in the absence of such president, shall be presided over by a president pro tempore.

172. Every ordinance and resolution which shall be passed by said council shall be presented to the chief burgess of such borough; if he approve, he shall sign it, but if he shall not approve, he shall return it with his objections to said council at nance and resolu- the next regular meeting thereof, when said objections shall be entered at large in the minute-book, and said council shall proceed to a reconsideration of such ordinance or resolution. If, after such reconsideration, two-thirds of all the members elected to said council shall vote to pass such ordinance or resolution, it shall become and be of as full force and effect as if said chief burgess had signed it, but in such cases the votes of the members of council shall be determined by the yeas and nays, and the names of the members voting shall be entered on the minutes of said council: Provided, That when the number of councilmen is less than nine, a majority of council and one vote more shall be required to pass an ordinance over the veto. If such ordinance or resolution shall not be returned by the chief burgess at the next regular meeting of said council after the same shall have been presented to him, the same shall likewise become and be in as full force and effect as if he had signed it: Provided, That before any ordinance shall come into force and effect as aforesaid, the same shall be recorded in the borough ordinance-book with the certificate of the secretary, and be advertised as heretofore required by law.

Ibid. § 4.

173. From and after the passage of this act the office of assistant burgess in all Office of assistant of the boroughs of this commonwealth shall be and the same is hereby abolished. burgess abolished. 174. All acts or parts of acts inconsistent herewith are hereby repealed. 175. The councils of each borough in this commonwealth are hereby empowered, from time to time, to prescribe by ordinance the salary to be paid out of the 4 June 1895, 13 April 1876 § 1. borough treasury to the burgess of such boroughs, respectively, in lieu of all fees,

Ibid. § 5.

See amendment'epeal.

P. L. 255,

Supp. 2525.

P. L. 27.

Councils may fix
alary of burgess.

8 April 1851 § 5.
P. L. 323.

Powers of burgess.
Jurisdiction under
by-laws.

Powers of a justice
in criminal
matters.

Ibid. § 6.

Duties of burgess.
To maintain the
peace, &c.

Issue tax warrants

fines and costs, and the manner in which such salary shall be paid.

176. The chief burgess or other principal officer of the corporation shall have power:

I. To enforce the by-laws, ordinances, rules and regulations of the corporation. II. To exercise jurisdiction in all disputes between the corporation and individuals, arising under the same.

III. To exercise the powers, jurisdiction and authority of justices of the peace within the borough, for the suppression of riots, tumults, disorderly meetings and in all criminal cases; for the punishment of vagrants and disorderly persons: he shall be entitled to the same fees for like services.

177. It shall be the duty of the chief burgess or other principal corporate officer:

I. To preserve order and maintain the peace of the borough, to enforce the ordinances and regulations, to hear complaints, to remove nuisances and exact a faithful performance of the duties of the officers appointed.

II. To issue his warrant for the collection of taxes assessed, and to demand and and take security receive sufficient security, in the amount fixed by the corporation, from the treasurer, collector and high constable.

from officers.

Sign by-laws.

1 April 1834 § 9.
P. L. 166.

His duties.

III. To sign the several by-laws, rules, regulations and ordinances adopted, after they shall have been duly and correctly transcribed by the secretary.

178. Every burgess hereafter elected and qualified agreeably to this act, is hereby authorized to issue his precepts, as often as occasion may require, to the collector of the proper borough, commanding him to collect all taxes so assessed for the use of said borough, and the same to pay over to the treasurer thereof, which collector shall have the same power that collectors now have in collecting county rates and levies; and the burgess is hereby authorized to carry into effect

(v) See supra 132.

all by-laws and ordinances enacted by the town council. He is also required to 1 April 1884 § 9.
cause to be opened all roads, streets, lanes or alleys that may be laid out by order P. L. 166.
of the proper court, within the limits of the borough, and for neglect or refusal to To cause streets
do so, shall be liable to like penalties as are incurred by supervisors of the high- laid out by order
ways for a similar offence. And the town council shall have power to mitigate or of court to be
remit fines and forfeitures in all cases where it shall appear that the person or when town coun-
persons so fined did not offend intentionally, or on having some other just and cil may mitigate
reasonable excuse to plead in his, her or their behalf.

179. In the absence of the principal corporate officer, and in case of vacancy or inability of the same, the second burgess or other officer designated in the charter, or by the by-laws of the corporation for that purpose, shall exercise the like powers and perform the like duties.(w)

opened.

fines.

8 April 1851 § 7.
P. L. 324.

Second officer to

act in absence, &c.,
of principal.

19 May 1887.

P. L. 133.

180. In any borough heretofore incorporated, or that shall be hereafter incorporated, the burgess of said borough shall exercise the criminal powers, jurisdiction and authority of a justice of the peace, in the enforcement of all ordinances Burgess to exercise of the borough, and the collection of fines and penalties imposed under the same, justices in enforc criminal powers of and be entitled to the same fees for like services as justices of the peace are now ing ordinances. entitled to.(x)

181. Fines and penalties under the ordinances of the borough shall be recoverable before any justice of the peace of the borough, which shall be paid over to the treasurer for the use of the corporation.

Fees.

8 April 1851 § 32.

P. L. 325.
How fines recover-

able.

182. It shall be the duty of the burgess of said boroughs to keep correct ac- 18 April 1976 § 2. See amendmen counts of all fees, fines and costs received by him, and shall render a report to the P. L. 27. council at each regular meeting, setting forth an itemized statement of all fees, Burgess to account P. L. 255, 24 June 1895, fines and costs received by him, by virtue of his office, since the last regular meet- for fees. ing of said councils, with the date at which and the name of the person from whom the same was received, and shall, prior to or on the date aforesaid, pay all such moneys into the borough treasury.

18 May 1887.
P. L. 122.

183. When any person or persons shall have been arrested by authority of the burgess, alderman or justice of the peace in any borough of this commonwealth, charged with the violation of any peace ordinances, or with being a vagrant or When may comtramp, and having refused to pay the fine imposed for such offence, the said bur- mit. gess, alderman or justice of the peace of said borough shall have authority to commit said person or persons to the lock-up or station-house in said borough, for

on streets.

a term not exceeding five days, or compel such person to work upon the public or compel to work
works or streets of said borough, for a period of time not exceeding one day for
each one dollar of fine so as aforesaid imposed: Provided, That the defendant
may appeal from the decision of such burgess, alderman or justice of the peace Appeal.
to the court of quarter sessions of the peace of the proper county, upon entering
into recognizance, with at least one surety, in double the amount of the fine and
costs, in the usual manner for his appearance at said court, when the offence shall Prosecution of
be prosecuted in the same manner as is now directed by law in case of misde- offence.

meanor.

XI. Secretary.

P. L. 824.

181. The secretary shall attend all the meetings of the corporation, keep full 8 April 1851 § 8. minutes of their proceedings, transcribe the by-laws, rules, regulations and ordinances adopted, into a book kept for that purpose; and when signed by the pre- Duties of secresiding officer, shall attest the same, preserve the records and documents of the tary. corporation, keep the seal of the corporation, certify copies of any book, paper, record, by-law, rule, regulation, ordinance or proceeding of the corporation under the seal thereof, which copies so certified shall be good evidence of the act or thing When his certificertified, and shall attest the execution of all instruments under the same, record cate to be evithe publication of all enactments, and attest the same by his signature thereto, and shall file of record the proof of service of all notices as required by this act or of supplements hereto, his certificate whereof shall be good evidence of such notice; he shall deliver over to his successor, the seal, and all the books, papers and other things belonging to the corporation.

dence.

Ibid. § 9.

185. The duties of town-clerk in boroughs shall hereafter be performed by the secretary of the corporation, who shall receive the fees prescribed by law for the To perform the du performance of the duties of that office.

XII. Treasurer.

ties of town clerk.

P. L. 324.

186. The treasurer shall give bond with surety as required by the corporation, 8 April 1851 § 10. before entering upon his duties; he shall keep a just account of all his receipts and disbursements, and shall annually submit his accounts to the borough audi- Duties of treastors, to be audited and examined by them, and shall publish the same in the man- urer. ner directed by the corporation, and shall pay over all moneys remaining in his hands, and deliver all books, papers, accounts and other things belonging to the corporation, to his successor.

(w) The office of assistant burgess was abolished by the act of 23 May 1893, supra 173.

(x) See Commonwealth v. Thompson, 17 W. N. C.

170.

Supp. 2525.

8 April 1851 § 11. P. L. 324.

As township treasurer.

3 April 1851 § 13. P. L. 324.

Powers and duties of high constable.

1 April 1884 § 14. P. L. 167.

To give notice of elections.

6 June 1893 § 1. P. L. 827.

Council may ap

187. The treasurer of the corporation shall perform the duties of township treasurer within the borough, and shall receive such compensation as the corporation shall direct.

XIII. High constable.

188. The high constable shall give bond with surety as required by the corpora tion; he shall have the power and authority of constables of the several townships in the proper county; he shall serve the notices prescribed by this act, and attest the services of the same by affidavit in writing, signed by him, and deposited with the secretary of the corporation.

189. It shall be the duty of the high constable of all boroughs hereafter incorporated, to give notice of the annual elections of said borough, by setting up six advertisements in the most public places in said borough, ten days previous

thereto.

XIV. Police.

190. The council of any incorporated borough of this commonwealth may appoint one or more suitable persons, citizens of this commonwealth, who shall act as policemen in such borough and shall have the power to make arrest now point policemen. possessed by the constables and policemen of this commonwealth to arrest persons violating any ordinance of such borough, the violation of which may subject persons to arrest. And the keepers of the jails, lock-ups or station-houses in the counties where the offence was committed for which an arrest may be made are required to receive all persons arrested by such policemen.

Ibid. § 2.

Badge of police

men.

Ibid. § 3.

Policemen to be under control of the council. Compensation.

13 June 1883 § 2. P. L. 121.

Annual meeting of borough auditors.

4 May 1889 § 1. P. L. 86.

191. Such policemen shall, when on duty, severally wear a shield or badge with the words "Borough Police" and the name of the borough for which they are appointed inscribed thereon.

192. Such policemen shall be under the control and direction of the council of the borough in which they shall be appointed as to the time during which and the place where they shall perform their duties, and they shall receive such compensation (to be paid from the borough treasury) as may be agreed upon between them and the council, and be subject to removal or discharge at the discretion of the council of such borough.

XV. Auditors.

193. The borough auditors shall meet on the second Monday of March of the year 1883, and on the second Monday of March in each year thereafter, for the settlement of all accounts by them to be settled, except the accounts of the school directors and school treasurer.

194. From and after the passage of this act the compensation of each borough and township auditor shall be two dollars per diem for each day necessarily employed in the duties of his office: Provided, This act shall not interfere with or ceive $2 per day. change any local or special law, where a larger amount than two dollars per day is authorized to be paid.

Auditors to re

Ibid. § 2. Repealing clause.

6 June 1893 § 1. P. L. 333.

195. All acts or parts of acts inconsistent herewith be and the same are hereby repealed.

XVI. Borough taxes. (y)

196. The qualified voters of every borough and township in the commonwealth of Pennsylvania shall, on the third Tuesday of February after the passage of this Tax collector to be act and triennially thereafter, vote for and elect one properly qualified person for tax-collector in each of said districts, who shall serve for the term of three years, and shall give a bond annually to be approved by the court.

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197. All acts or parts of acts inconsistent herewith are hereby repealed.
198. The collector of borough taxes shall have the same powers,

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8 April 1851 § 12. ceeded against by the borough treasurer in the same manner for neglect to pay over the amount of his duplicate according to law, as provided in the case of collectors of county rates and levies.

P. L. 324. Powers of collector.

12 April 1881 § 1. P. L. 9.

199. It shall be lawful for the burgess and town council of any borough in this commonwealth, by resolution of the burgess and council, to authorize the colCollection of taxes. lection of the borough tax in the manner hereinafter provided.

Ibid. § 2. Notice to taxables.

200. The council shall place in the hands of the treasurer a certified duplicate of the borough tax, and it shall be his duty to give at least one month's notice to each and every resident taxable, by a written or printed notice, duly served, where personal service is practicable, and duly mailed, in case of non-residents, which notice shall specify the amounts and kinds of taxes, and of the time and place at which he will attend, at least one day each week during the two months after the Receipt upon pay- time fixed for receiving said tax, for the purpose of receiving borough tax; and it shall be his duty to receive and receipt for all borough tax given him for three months after the date of said notice: Provided, That if any person, on or before the expiration of two months after the date of said notice, shall pay to the treas

ment.

Deduction if tax paid within two inonths.

(y) See "Taxes."

P. L. 9.

urer the amount of his or her tax, such person shall be entitled to a deduction of 12 April 1881 § 2. five per centum on the amount thereof, and for the remaining month he shall make no abatement on the taxes received.

Ibid. § 3.

collector.

201. In case the taxes are not all paid, on or before the expiration of three months from the date of said notice, the town council shall elect a collector, (2) have the duplicate placed in his hands, and the burgess shall issue to him a warrant for Appointment of the collection of the unpaid tax assessed in said duplicate, with power and authority to enforce the collection of the same, as is now or may hereafter be conferred by Powers. law upon the collector of county taxes, with an addition of five per centum on the amount thereof, in the manner heretofore provided by law; he shall be allowed Compensation. such compensation as shall be agreed upon, not exceeding five per centum of the amount collected, except in case of distress and sale of goods he shall receive Distress and costs. the same fees as are allowed by law to constables for a levy and sale upon a writ of execution, which fees he shall retain out of the proceeds of such sales, after deducting the taxes and the addition of five per centum thereon.

Ibid. § 4.

Repeal.

202. All acts or parts of acts, for the collection of borough tax, inconsistent herewith are hereby repealed, so far as they relate to boroughs in which the burgess and council authorize the collection of borough tax, by the provisions of this act: Provided, This act shall not apply to any taxes the collection of which is Exceptions. regulated by a local law.

22 April 1887. P. L. 61.

203. When it shall be shown to the court of quarter sessions of any county of this commonwealth that the debt, other than bonded debt due by any borough in said county, shall exceed the amount which the proper officers may collect in Quarter sessions any one year by taxation, as at present regulated, or when the proper officers may direct the collection of special refuse, or neglect to levy a sufficient tax to pay the same, it shall and may be taxes. lawful for the said court, after ascertaining, by proper means, the amount of such indebtedness of any particular borough, by writ of mandamus, to direct the proper officers of such borough to collect, by special taxation, an amount sufficient to pay the same, in one, or more annual instalments, as may be adjudged reasonable by said court, during such years as may be required for the payment of the

same.

23 May 1887. P. L. 164.

204. All taxes on dogs, levied and collected under existing laws for borough purposes within this commonwealth, may be appropriated for the support and maintenance of public libraries now organized, or that may hereafter be organized, Taxes on dogs in said borough respectively: Provided, That such library companies shall pro- priated to support may be approvide and maintain a free reading-room for the use of all the inhabitants of such of public libraries. boroughs: Provided further, That this act shall not apply to any borough until such when act takes public library has been established.

XVII. Adjustment of indebtedness.

effect.

ness.

P. L. 184.

205. Every borough which has been or may hereafter be erected out of any 12 June 1878 § 1. township or parts of adjoining townships, shall share, in just proportion, in the rights and liabilities of said township or townships, existing at the time of its Adjustment of incorporation; the proportion of each borough as aforesaid to be ascertained by prior indebtedreference to the assessment of said township or townships for the year in which such borough was incorporated; and in all pending actions by or against said township or townships, and in all actions thereafter brought by or against the same, the borough or boroughs liable or entitled as aforesaid shall, by rule of court, be made co-parties, plaintiff or defendant, as the case may be.

Ibid. § 2.

Where a township

206. Whenever any township has been or may hereafter be entirely merged into more than one borough, and the township shall thereby have ceased to exist, the rights and liabilities of said township shall devolve, in just proportion, upon the is merged into one said several boroughs, but no borough shall be entitled or liable as aforesaid, except or more boroughs. as to such rights and liabilities as existed at the time of its incorporation; and the proportion of each borough, as aforesaid, shall be ascertained in like manner as prescribed in the first section of this act; and in all actions pending by or against said township, the borough or boroughs entitled or liable as aforesaid shall, by rule of court, be substituted instead of said township; and in all actions thereafter brought on matters in behalf of or against said township, the borough or boroughs entitled or liable, as aforesaid, shall be the proper parties to prosecute or defend the same, as the case may be.

Ibid. § 3.

207. Whenever any borough has been or may hereafter be erected, as aforesaid, or whenever any township has been or may hereafter be entirely merged into more Jurisdiction in than one borough, as aforesaid, the court of common pleas of the proper county, equity. sitting in equity, shall have power, upon the application of any one or more creditors of said township or townships, or upon the application of the proper authorities of any said township or townships, borough or boroughs, or either of them, by a suit or suits in equity, to ascertain the indebtedness of said township or townships, including judgments against the same, at the time of incorporation of each of said boroughs, respectively, and to equitably adjust and apportion said indebtedness

(z) See supra 196.

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