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To prohibit dogs from running at large.

To erect a lockup house.

Proviso.

By-laws.

Regulate streets, &c.

ordinance determine; they shall also have power and authority, in like manner, to regulate, restrict, or to prevent dogs from running at large within the borough; or when they shall be deemed a nuisance or endanger the lives or property of the citizens, they may have them properly secured or killed, as the circumstances of the case may require.

SECTION 9. That it shall and may be lawful for the burgess and town council to erect, or procure and establish a suitable building within the borough, to be used for a lock-up house, or place of security, for the temporary detention of any person or persons committed by a justice of the peace, for any violation of the laws of this commonwealth or of this borough, for which such person or persons could be lawfully committed to the common prison, there to remain and be kept until such offenders can be conveniently conveyed to the county prison, or until he, she or they be discharged according to law: Provided, That no person committed shall be confined in said lock-up house, at any time for a longer period than twenty-four hours, except such person or persons be charged with an indictable offence, and it may be necessary to detain him, her or them, for a legal examination.

SECTION 10. That the burgess and town council, when assembled for that purpose, shall have full power and authority to make, ordain, and establish such and so many laws, ordinances and regulations as shall be necessary for the governing of said borough, and the welfare thereof, and the same to enforce and put in execution at their pleasure, by the proper officer or officers appointed by them for that purpose; and also to revoke, alter or amend the same, as the occasion may require.

SECTION 11. That the burgess and town council shall have authority to regulate all the streets, lanes and alleys, and the footways thereof, that are now laid out, or which may hereafter be laid out by private citizens or the court of quarter sessions, and to fix the several heights and grades of the same; and the said streets, lanes and alleys, shall be and taken as public highways, over which the said burgess and town council shall exercise such jurisdiction, from time to time, as circumstances or the convenience of the public may require; they shall also have power to employ a competent surveyor or surveyors, to run and ascertain the lines of all the streets, lanes and alleys, now laid out or hereafter to be laid out, from the best records that can be obtained from the proper offices; and all obstructions over the lines of the streets, lanes or alleys, whether of fences, walls or otherwise, shall be deemed and taken as a public nuisance, without respect to the length of time they may have been there, and shall be removed by the owners of the ground fronting the same, upon due notice given them for that purpose; and in default of such owners, they shall be removed by the town council, at the expense of such owners.

SECTION 12. That the burgess and town council shall have full power Pave footways. and authority to pave, or cause to be paved, all or any of the footways or gutters within the borough, which they may deem necessary, with brick or flat stone, as the case may require, and to have those laid and out of repair, relaid or repaired as may be necessary; and also to plant or cause to be planted, curbstones or posts, as to them may appear proper, to prevent the said gutters from being injured by carriages or other vehicles, and shall tax the property fronting such footways so much as may be necessary to defray the expenses thereof: Provided, That all and every owner of ground shall have privilege of paving the footways on their own front aforesaid, so that they have it completed within thirty days, after due notice in writing being given for that purpose by the said town council, or any person by them appointed.

Proviso.

SECTION 13. That all taxes assessed by the burgess and town coun

eil shall be collected, in the same manner as is or may hereafter be Collection of prescribed by law, for collecting and recovering of county taxes; and taxes. the said burgess and town council are hereby authorized to recover taxes for paving and curbing in front of property, which may be unoccupied, or if occupied, shall not contain sufficient personal property to satisfy the same, as the commissioners of the several counties now are or hereafter may be authorized to recover tax on unseated lands within the same.

SECTION 14. That the burgess and town council shall have full power and authority to appoint a suitable person or persons, under such security and penalties as to them may appear necessary, for the inspection and measurement of all cord wood that may be offered for sale, within any part of the borough; and to make, ordain, and establish such and so many laws, ordinances and regulations, not inconsistent with the constitution and laws of this commonwealth, as shall be necessary and convenient for directing the conduct of all persons concerned in buying or selling cord wood, within the limits of the borough aforesaid.

SECTION 15. That so much of the act for the incorporation of boroughs, as is hereby altered or supplied, be and the same is hereby repealed, so far as it respects the borough of Germantown, in the county of Philadelphia.

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APPROVED-The sixth day of March, one thousand eight hundred

To appoint wood corder.

Repeal.

and forty-seven.

FRS. R. SHUNK.

No. 189.

AN ACT

Authorizing Matthias and Abraham Roland, remaining administrators of Matthias
Roland, deceased, to sell certain real estate in Cambria county.

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 Matthias Roland and Abraham Roland, administrators of Matthias Ro- Power to sell. land, deceased, are hereby authorized and empowered to sell, at public or private sale, at such time as they may deem expedient, for cash or on credit, as they may deen best, a certain tract or piece of land in Cambria county, of which the said Matthias Roland died seized, and to convey the same to the purchaser or purchasers thereof, by deed, duly executed and acknowledged: Provided, That before any such sale Proviso. shall be made as aforesaid, the said Matthias Roland and Abraham Roland shall give security, to be approved of by the orphans' court of

Berks county, conditioned for the proper application of the moneys arising from such sale, made in pursuance of the authority hereby given. JAMES COOPER,

Speaker of the House of Representatives.

CH. GIBBONS,

Speaker of the Senate.

APPROVED-The sixth day of March, one thousand eight hundred

and forty-seven.

FRS. R. SHUNK.

Power to sell.

Proviso.

No. 190.

AN ACT

To facilitate the disposal of the real estate of Isaac W. Norris, deceased.

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 it shall and may be lawful for the executors of the last will and testament of Isaac W. Norris, late of the county of Philadelphia, deceased, and the survivor of them, and his heirs, or his or their successors or successor, in the trusts in the said last will and testament declared of and concerning the residuary estate therein mentioned, from time to time, during the lives of the widow and daughter of the said testator therein named, and the life of the survivor of them, upon the request, by deed, of his said widow and daughter, or of the survivor of them, and of such of the children of the said daughter as may, at the time or times of such request be adults, to sell and dispose of the whole, or any part or par's of the real estate in the county of Philadelphia, whereof the said testator died seized, either for cash or on credit, and with or without the reservation of any redeemable or irredeemable ground rent or ground rents, or other rent or rents, as the whole or a part of the consideration of such sale or sales; and to convey the real estate, so sold or disposed of, in fee simple, or for any less estate or estates, to the purchaser or purchasers, who shall not be responsible for the application of any purchase or consideration money thereof: Provided, That no capital or pecuniary consideration money of any sale or sales, or extinguishment or redemption money of any ground rent or ground rents, shall be received by the said executors or survivor of them, or his heirs, or his or their successors or successor in the said trusts, with out his or their first giving bond to this commonwealth, with surety, to be approved by the court of common pleas of the said county, in double the amount of such consideration, extinguishment or redemption money, conditioned in each case for the faithful application of the same, according to the provisions of the will of the said testator, of and concerning his residuary estate therein mentioned: And provided also, That the deed or deeds containing such request as aforesaid, may be executed by the party or parties, from time to time, making such request

in person, or by his, her or their attorney, specially or generally author-
ized or deputed therefor; and that if such party be a married woman,
her deed containing such request, or the letter of attorney, general or
special, authorizing the same to be made on her behalf, shall be made
and executed by herself and her husband, and acknowledged, as is now
or hereafter may be prescribed by the laws of this commonwealth,
establishing the mode or modes by which husband and wife may convey
the real estate of the wife.

JAMES COOPER,
Speaker of the House of Representatives.

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APPROVED-The sixth day of March, one thousand eight hundred and forty-seven.

FRS. R. SHUNK.

No. 191.

AN ACT

Erecting the village of Orrstown, in the county of Franklin, into a borough.

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly Boundaries. met, and it is hereby enacted by the authority of the same, That the town of Orrstown, in the county of Franklin, and territory included within the following limits, to wit: beginning at a cherry tree, near a spring at the tan yard of John and William Orr, south fifty degrees west forty-four perches to a post; thence south forty degrees east fortyeight perches to a post; thence north fifty degrees east thirty-four perches to a locust tree; thence north thirty-nine degrees east thirty-eight perches to a post; thence north sixteen degrees west seven perches to a post; thence north seventy-four degrees east one hundred and twelve perches to a pine tree; thence north thirty-two degrees west fifteen perches to a white oak stump; thence north eighty-five degrees west thirty-nine perches to a post; thence south seventy-two degrees west sixty-four perches to a corner of a wagon shed; thence north twenty-two degrees west seven perches to a post; thence south sixty-nine degrees west eleven perches to the corner of a tan shop; thence south thirty-five Name. degrees east nine perches to the place of beginning, is hereby erected into a borough, which shall be called and styled the borough of Orrs

town.

SECTION 2. That the inhabitants of said borough entitled to vote Annual elections. for members of the general assembly, having resided one month imimediately preceding the election, shall, on the first Saturday of May in every year, meet at the school house in said borough, and then

Proviso.

and there, between the hours of one and seven o'clock, P. M., elect by ballot, one of the citizens, who shall be styled burgess of said To elect officers. borough, and five other citizens, to be styled the town council, and one street commissioner, all of whom shall be residents of said borough, which election shall be, in all respects, conducted as is provided by law for the election of township officers within this commonwealth, and shall be subject to the same penalties for mal-practices, except that the certificates of the election of burgess, town council and other borough officers, shall be filed among the records of the corporation; and duplicate certificates of said election shall be signed by the judges, one of which shall be transmitted to each of the persons elected: Aud provided, That in case of death, resignation, removal or refusal to accept of any of said offices, the vacancies may be supplied by a new election, in all cases when, by existing laws, there is not provision made for supplying vacancies by appointment: And provided further, That for the first election to be held under this act, it shall be the duty of James B. Orr, Robert C. Hays and William L. Smith, or any one of them, to give notice, and to perform all the duties enjoined upon constables by the existing laws relative to township elections; and in case no election shall be held on the first day mentioned, they shall appoint some other day and perform said services; but previous to opening such election, such of the citizens entitled to vote as aforesaid, as may be present at the time and place of opening the same, shall choose one judge, two inspectors, and two clerks thereof, who shall be sworn or affirmed, in the same manner as is provided by law for swearing or affirming election officers, and they shall perform the duties required of them by law, relative to township elections.

Proviso.

Powers and rights of burgess.

Meeting of council.

Quorum.
Powers.

Penalty for refu

sal to serve or neglect of duty.

SECTION 3. That the burgess shall be president of the council, and shall have and exercise all the rights and privileges of a member thereof, in every respect.

SECTION 4. That the burgess and town council shall meet on the first Monday next succeeding their election, in each year, and as often thereafter as occasion may require; three members shall constitute a quorum to do business, and the proceedings of a majority of a quorum, when there is one formed, shall be valid; they shall have power, in the absence of the burgess, to elect a president pro tem., who shall, in the case of death, resignation, refusal to accept or to act, or inability of the burgess to attend, perform all and every duty enjoined on the bur gess, or in his absence, the president pro tem. shall have power to call special meetings of the council, but in all cases of special meetings personal notice shall be given to each member, unless absent from the borough; the burgess and members of the town council shall, in all cases, continue to hold their respective offices until their successors shall be duly elected and qualified.

SECTION 5. That if any person duly elected burgess or member of the town council, and having received notice thereof, as directed by this act, shall refuse or neglect to take upon himself the execution of the office to which he shall have been elected, or having taken upon himself such duties, shall neglect to discharge the same according to law, every such person so refusing or neglecting, shall, for every such offence, pay and forfeit the sum of five dollars; and every other officer elected or appointed by virtue of this act, or the by-laws or ordinances of the town council aforesaid, who shall refuse or neglect to take upon himself the execution of such office, or having accepted the same, shall refuse or neglect to perform the duties thereof, shall, for every such refusal or neglect, pay a fine not exceeding five dollars, at the discretion of the burgess, which fines, and all other fines that may be incurred under this

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