Divided into

wards.

cers.

No. 36.

AN ACT

Dividing the borough of Norristown, in the county of Montgomery, into two wards, and providing for the election of constables and assessors; also, judges and inspectors of the general election; also, the appointment of borough police,

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 from and after the passage of this act, the borough of Norristown shall be divided into two wards, in manner following, to wit: So much of said borough as shall be included between the north-west boundary of the borough, and a line along the middle of De Kalb street, from the river Schuylkill to Egypt street; thence along the middle of Egypt street to Swede street; and thence along the middle of Swede street to the north-east boundary of the borough, shall be one ward, to be called Upper ward; and so much of said borough as shall be included between the south-east boundary of the borough and said line, from the river Schuylkill along the middle of De Kalb street to Egypt, and along the middle of Egypt street to Swede street, and along the middle of Swede street to the north-east boundary of said borough, shall be one ward, to be called the Lower ward: Provided, That the borough of Norristown be and remain one school district, as if this act had not been passed.

SECTION 2. That the qualified citizens of each of said wards shall Election of offi- elect, at the time and place fixed by existing laws, two inspectors for each of said wards; and shall also elect one person to serve as judge of the election for each ward, to perform the duties enjoined by the acts of assembly relating to elections; and at the same time the qualified citizens of each of said wards shall choose, for each ward, the same number of assessors as the said borough is now by law entitled to; and they shall also choose, for each ward, two suitable persons, one of whom shall be appointed constable thereof, in the manner now provided by law; and the commissioners of the county, and the town council of the borough of Norristown, shall appoint a collector of taxes for each of said wards, in the manner provided by law; and in case of failure to elect, or in the event of a vacancy in any of the said offices in either of said wards, by death, refusal, incompetency to serve or otherwise, said vacancy shall be filled in the same manner as is provided by the existing laws for filling such vacancy, in the several townships of this commonwealth.

Vacancies, how supplied.

be conducted.

SECTION 3. That at the election for constables, assessors and officers Election, how to of elections first held after the passage of this act, the elections shall be opened and conducted by the officers now authorized to open and conduct such election; but in addition to the duties now required of them, they shall provide two boxes for constable, one of which shall be marked "constable of the Upper ward," and the other "constable of the Lower ward;" two boxes for assessors, one of which shall be marked “assessors of the Upper ward," and the other "assessors of the Lower

ward;" two boxes for inspectors of elections, one of which shall be marked "inspectors of Upper ward," and the other "inspectors of Lower ward;" and two boxes for judges of elections, one of which shall be marked "judges for Upper ward," and the other "judges for Lower ward;" and the officers holding said election, shall deposit the votes of the citizens of the Upper ward in the boxes marked Upper ward, and the votes of the citizens of the Lower ward in the boxes marked Lower ward; and in case of any dispute, said officers of said election are hereby authorized and empowered to decide in which box each vote shall be deposited, agreeably to the intention of this act ; and all other elections after said first election, shall be conducted by the proper officers of each ward.

SECTION 4. That so much of the act of assembly, passed the twenty- Election of jusfirst day of June, one thousand eight hundred and thirty-nine, providing tices of the peace. for the election of aldermen and justices of the peace, as requires for each ward in a borough two justices of the peace shall be elected, shall not be deemed to extend to the wards of the borough of Norristown, where one justice shall be elected for each ward, at the time and in the manner provided by law; and the present justices of the peace shall continue in the performance of their duties under their present commissions, as if each had been elected for the respective ward in which he now resides.

SECTION 5. That the elections for borough officers, and the general Election to be elections, shall be held at the court house in said borough, at the time held in the court and in the manner fixed by law; and at all elections, (after the first house. election for constables, assessors and other officers,) in receiving the votes, the officers of the election for each ward shall occupy one window or door of the house where the election shall be holden, in exclusion of the officers of the election for the other ward.

SECTION 6. That the constables elected or appointed in each of the Powers of constasaid wards, agreeably to the provisions of this act, shall, in every re- bles. spect, have the same power and authority, and be subject to the same penalties, and to the performance of the same duties as by law belong to the office of constable within this commonwealth; and further, that each of said constables are hereby authorized and required to perform all the duties required to be done by the high constable of said borough, and to serve and execute all writs and orders that may be directed to the high constable: Provided, That the present constables and assessors shall continue in the performance of their several duties until others be legally elected or appointed: And provided, That nothing in this act contained, shall be construed to alter or affect, in any way, the late triennial assessment.

SECTION 7. That the town council of the borough of Norristown shall and may, from time to time, elect, employ or appoint two or more watchmen, and shall have full power to fix, direct and make all such orders and regulations respecting said watchmen as may be necessary for the well government of said watch, and to promote the good order and peace of the said borough ; and said watchmen, and each of them, within the limits of the borough, are empowered and required to arrest all persons they or either of them may find committing any felony or misdemeanor, and all vagrants and disorderly persons, and take the person or persons so arrested before the burgess, or some justice of the peace in said borough, to be examined and dealt with according to law; and further, to enable said watchmen to preserve the peace of the borough, they are hereby constituted peace officers, with all the powers of constable to arrest in cases of crimes and misdemeanors; and for

Power of town

council.

every such service they shall be entitled to the same fees as constable, in addition to their pay as watchmen; and the office of high constable, in said borough is hereby abolished.

JAMES COOPER,

Speaker of the House of Representatives.
CH. GIBBONS,

Speaker of the Senate.

APPROVED The eighth day of February, one thousand eight hundred and forty-seven.

FRS. R. SHUNK.

No. 37.

A FURTHER SUPPLEMENT

To an act to authorize the governor to incorporate the president and managers and company of the Richborough and Feasterville turnpike road company.

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 so much of the fifth section of the act of the legislature, entitled "An Act to authorize the governor to incorporate the president, managers and company of the Richborough and Feasterville turnpike road company," passed the eighteenth day of April, Anno Domini eighteen hundred and forty-four, as requires the president and managers to cause the said road to be laid out not less than forty feet in width, be and the same is hereby repealed; and the said road may be laid out of any width: Provided, It be not less than thirty-three feet, nor more than fifty feet; and so much of said road as is already laid out, may be made to correspond with this provision.

JAMES COOPER,

Speaker of the House of Representatives.

CH. GIBBONS,

Speaker of the Senate.

APPROVED-The eighth day of February, one thousand eight hun

dred and forty-seven.

FRS. R. SHUNK.

No. 38.

AN ACT

Relating to roads in certain townships in Luzerne 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 the sixth section of an act, entitled "A supplement to an act, entitled An Act relating to roads, highways and bridges in the counties of Warren, Venango and M'Kean, and for other purposes,' approved thirtieth day of March, one thousand eight hundred and forty-six," be and the same is hereby repealed.

SECTION 2. That all and every of the acts done and performed, and to be done and performed by the supervisors elected at the last township elections, in the several townships enumerated in the said sixth section as above repealed, be and the same are hereby made legal, and of as binding effect as if the said act had never been passed.

JAMES COOPER,

Speaker of the House of Representatives.

CH. GIBBONS,

Speaker of the Senate.

APPROVED The eighth day of February, one thousand eight hun

dred and forty-seven.

FRS. R. SHUNK.

No. 39.

AN ACT

To repeal an act relative to certain courts.

SECTION 1. Be it enacted by the Senate and House of Representalives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the first section of an act relative to certain courts, passed the twentieth day of April, eighteen hundred and forty-six, be and the same is hereby repealed: Provided, That the February terms of the several courts for the present year, shall be held in the same manner and at the

same times in the counties of Carbon and Monroe, as though this act had not been passed.

JAMES COOPER,

Speaker of the House of Representatives.

CH. GIBBONS,

Speaker of the Senate.

APPROVED-The eighth day of February, one thousand eight hun

dred and forty-seven.

FRS. R. SHUNK.

convey.

No. 40.

AN ACT

Authorizing the guardian of the minor children of Francis B. Durbin, deceased, to sell or let on ground rent, certain parts of their real estate.

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 Power to sell and John P. Durbin, guardian of Agusta A. Durbin, Margaret C. Durbin, Aleander C. Durbin, John P. Durbin, junior, and William H. Durbin, minor children of Frances B. Durbin, deceased, be and he is hereby authorized, from time to time, to sell and convey in fee simple, either absolutely or reserving thereout a perpetual rent charge thereon, subjec or not subject to extinguishment on the payment of a certain sum of money, at a certain time as he may see fit, all the right, title, interest, property, claim and demand of the said minors, and each and every of them, in and to a certain tract or parcel of land, situate in the district of Penn, in the county of Philadelphia, containing nineteen acres or thereabouts, formerly the property of Alexander Cook, deceased, or to any part or portion thereof; and for such purpose to unite with and join the other heirs of said Alexander Cook, to any sale or conveyance of the same, and such part and parts thereof as he may deem expedient in fee simple, or reserving a ground rent as aforesaid; and so that the purchaser and purchasers thereof, so far as relates to the interests of said minors therein, may receive and obtain as good and valid an estate in the premises, as the said Alexander Cook was seized of and entitled to at the time of his death, both in law and equity; and in case such rent and rents be made subject to extinguishment as aforesaid, the said guardian, and any successor of his in said guardianship, shall have power to receive the payments of such parts of said sums of money, to which said minors shall be entitled, and thereupon to join in any release or extinguishment of the said rent and rents; and the said purchaser and purchasers, so far as said minors are concerned, shall not be bound to see to the application of the said money: Provided, That such rent and rents, as to the parts belonging to such minors, shall be reserved and made payable to the said guardian, with the other heirs of

Proviso.