of their by-laws and ordinances of the burgess and councils, SECTION 29. The chief burgess, assistant burgess and members of the council and high constable, and each of them, be fore entering on the duties of their respective offices, shall take and subscribe an oath or affirmation, before a judge or justice of the peace of the said county, to support the constitution of the United States and of this State, and to perform the duties of their respective offices with fidelity, and the certificates of such oaths or affirmations shall be recorded among the records of the corporation. Oath of office SECTION 30. It shall be the duty of the chief burgess, or in case of his absence, inability, or refusal to attend, of the assis. Meetings and tant burgess, and at least three members of the council, to hold powers of the burgesses & sessions, in all which the chief burgess or assistant burgess, as council. the case may be, shall preside, and in case of an equal division of the council, he shall have the casting vote, on the first Saturdays of May, July,October and February in each year, and oftener if occasion should require it, of which notice shall be given, in manner aforesaid, by the chief burgess or assistant burgess, at which session they may enact or ordain, revise, repeal and amend all such by-laws, ordinances, rules and regulations as shall be deemed expedient to promote peace, good order, benefit and accommodations of the citizens of said borough: to provide for the regulation of the market, improve, repair and keep in order the streets, alleys and highways, ascertain the depths of vaults, sink, pits or privies, make permanent rules relative to the foundations of buildings, party walls and fences; they shall further have power to enact by-laws, to impose fines and penalties, and partial or total forfeiture, to assess, appor tion and appropriate such taxes as shall be judged necessary for carrying the said laws, ordinances, rules and regulations, from time to time, into complete effect, which by-laws, ordinances, rules and regulations shall be signed by the president of the council, attested by the secretary and recorded in the re cord book of the corporation, and also appoint, annually, a secre tary,treasurer, clerk of the market and such other officers as from time to time may be thought necessary, and the same officers, from time to time, to remove for misdemeanor in office, which sessions of the said burgess and council shall be held at the school house, or at such other place, in said borough, as the burgess and Proviso. council may from time to time agree upon: Provided, That no by-laws, ordinances, rules or regulations, of the same corpora tion, shall be repugnant to the constitution or laws of the United States, or of this commonwealth, and that no person shall be punished for a breach of any by-law, ordinance, rule or regu lation, made as aforesaid, until ten days shall have expired after the promulgation thereof, in at least one English newspaper, if any there be printed in said borough, or by at least five advertisements, set up in the most public places within the said bo2d proviso. rough: And provided also, That, in laying such tax, due regard shall be had to the valuation of all such taxable property assessed, or hereafter to be assessed, for the purpose of raising County rates and levies, so that the said tax shall not in any one year exceed one-half cent in the dollar, of such valuation, unless some object of general utility require the same, in which case, the consent thereto of a majority of the taxable inhabitants of the said borough, shall be previously obtained in writing, and that all lots of ground, that are not within the plot of said town, and that are within the limits of the borough, which are used for pasture, meadow, cultivation or woodland, shall not be taxed for borough purposes, and shall be subject only to state, county, road and poor tax, and that the road and poor tax be laid at no higher rate than that on lands of equal value, within the township of Derry, as taxed in each respective year, unless the wants of the poor of said borough may require a higher 3d proviso. tax than that of the township: Provided always, That when any overplus of money may be in the borough treasury, arising from such road and poor tax, which are not needed for the keeping in repair so much of the township, county and state roads as are or may be within the limits of the borough, and that may not be needed for the use of the poor, that the borough officers shall have power and authority to use and apply such overplus, if any, to such borough purposes as may require the same, and that all building lots, that are not within the plot of said town, and which are within the limits of the borough, whereon dwellings are, or may hereafter be erected, shall be subject to and pay like tax of those that are within the said town plot, agrecably to each lot's respective valuation, excepting only such lots of ground as may be used for churches or church yards, public schools, and all such other property as may become the property of the corporation, which is to be exempted from borough tax. Collection of taxes, &c. SECTION 31. The chief burgess elected and qualified agree ably to this act, or in his absence, inability or refusal to act, the assistant burgess is hereby authorized and empowered to issue his precept, as often as occasion may require, directed to the high constable, or in case of his inability to act, to some other fit person, commanding him to collect all taxes assessed by this act, or by the ordinances, by-laws, rules and regulations of the corporation, and to cause the same to be paid over to the treasurer, and the said burgess is hereby authorized to carry into effect all by-laws enacted by the said chief burgess or assistant burgess and council. SECTION 32. If any person or persons, being lot owners in Payments, the said borough, have already made, or may hereafter make ke. a good and sufficient pavement of either stone or brick, in front of his or their lot, in such manner as to be approved of by the street supervisor, the person or persons so doing shall have a credit on their berough tax, from year to year, until their tax will have amounted to the value of such improvement, the value of which improvement shall be fixed by three reputable citizens, to be chosen by the street supervisors and the citi zens making such improvement. SECTION 55. It shall be the duty of the secretary to attend Duty of the all sessions of the burgess and council, when assembled on secretary. business of the corporation, and perform the duty of the clerk thereto, and to keep and preserve the seal and records of the corporation, and be answerable for the same, and also for the faithful discharge of all the duties which may be enjoined upon him by virtue of this act, or the acts of the corporation, whose attestation, with the seal of the corporation, shall be good evidence of the act or thing so certified. give security SECTION 34. The treasurer shall give sufficient security for Treasurerto the faithful discharge of the duties of his office, and for the safe delivery of all moneys, books and accounts appertaining thereto, into the hands of his successor, on a reasonable demand made for that purpose. SECTION 35. The street supervisor, treasurer, high constable, overseers of the poor, clerk of the market and collector, Acc'ts to be as well as all other officers who may be appointed'in the cor- settled and poration, by the chief burgess or assistant burgess and council, published. at their sessions on the first Saturday of April of each and every year, render their accounts to said burgess and council for settlement, and the said accounts being adjusted accordingly, shall be forthwith published by said council, shewing particularly the amount of taxes laid and collected, and all moneys paid into the treasury, and the particular items of expenditures. C't of appeal SECTION 36. The chief burgess, assistant burgess, and three members of the council, to be appointed at the first session in each year, or any three of them, shall constitute a court of appeal; and prior to the collection of any borough tax, the collector shall inform each inhabitant of the amount of his or her tax, and of the time and place of appeal: Provided, That the Proviso. said court of appeal shall have no other power, as such, than to determine the justice of the apportionment of said tax, and to remedy any grievance that may occur in imposing the same. SECTION 37. It shall be the duty of the high constable to give notice of the annual election of said borough, in at least High const. to give notice one newspaper printed therein, or by setting at least five ad- of elections, Compensat'a of officers. Proviso. Election of ussessor and as't assessors. C. P. vertisements in the most public places therein, at least ten days previous thereto; he shall attend, and see the election opened at the time and in the manner directed by this act: And further, That he be vested with the same power and authority as that of any other township constable within this Commonwealth. SECTION 38. The chief burgess, or in case of his inability or refusal to act, the assistant burgess and council shall, from time to time, fix the salaries and fees of the high constable, secretary, treasurer, clerk of the market, and such other officers as may be appointed by this act, which salaries or fees shall be paid out of the borough treasury by orders drawn thereon, signed by the chief burgess or assistant burgess, as the case may be, and attested by the secretary, which salaries or fees shall not be increased or diminished, during the time said officers shall have been appointed respectively: Provided, That if any person, appointed by said burgess and council as aforesaid, shall neglect or refuse to take on himself the duties of the of fice, to which he shall be appointed, he shall for such neglect or refusal forfeit, and pay for the use of the corporation, the sum of ten dollars, unless he can render to the said chief bur gess and council a satisfactory reason, why he should be exonerated from such service. SECTION 39. The citizens of said borough of New Alexardria qualified, as aforesaid, to vote for members of the General Assembly shall, hereafter, on days appointed by law for that purpose, elect, one assessor and two assistant assessors; and that said election be held at the public school house in said borough. SECTION 40. If any person or persons shall think him, her Appeal to the or themselves aggrieved by any thing done in pursuance of this act, or any by-laws or ordinances made under the authority of the same, except what relates to the assessing and collecting of the borough tax, and appointments made by the burgess and council as aforesaid, he, she or they may appeal to the next court of common pleas, to be held for the same county, on giv ing security according to law, to prosecute his, her or their appeal with effect; and the said court having taken such order therein, as shall to them appear just and reasonable, the same shall be conclusive and binding all parties. APPROVED-The tenth day of April, one thousand eight hundred and thirty-four. GEO: WOLF. No. 129. AN ACT To cede and vest in the United States of America certain premises in the county of Philadelphia whereon the United States Naval Asylum is erected. 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 all the jurisdiction, right, title, property and interest of this Commonwealth over, in and to the territory now in possession of the government of the United States, situate in the township of Passyunk, in the county of Philadelphia/consisting of two lots or pieces of ground; the first thereof beginning at a point where the southernmost line of Shippen street continued and the north-westerly line of the road leading to Gray's ferry intersect each other, (the said Shippen street being of the width of fifty feet and running parallel with Cedar street at the distance of two hundred and seventy-one feet, thereupon westward to Schuylkill Water street ;) thence extending along the south line of said Shippen street, north seventy-eight degrees and a half, west seventy-five perches and six-tenths of a porch to a stake in the north-westerly line of Schuylkill Water street; thence by a water lot belonging now or heretoforo belonging to John H. Brinton, George Pepper and Edward S. Burd, north seventy-three degrees, west about thirty-two perches and sev enteen-hundredths of a perch, more or less, to low water mark of the river Schuylkill; thence south-westerly along low water mark of the said river about four hundred and sixty feet, to land now or heretofore belonging to James Molony; thence along his land south fifty-five degrees, east about ninety perches, more or less, to the said road leading to Gray's ferry; and thence along the north-westerly side of said road north fifty-four degrees and a half, east seventy perches and five-tenths of a perch to the place of beginning, containing twenty-four acres, two roods and thirty-five perches, be the same more or less. And the other thereof situate on the south side of said Cedar street at the distance of two hundred feet eastward from the said Schuylkill Water street and extending southerly to the said Shippen street continued, containing in front on the said Cedar street one hundred and fifty-eight feet and in depth two hundred and seventyone feet, bounded northwardly by the said Cedar street, southwardly by the said Shippen street continued, and eastward and westward by land now or heretofore belonging to the said John H. Brinton, George Pepper and Edward S. Burd, being the same premises which Timothy Abbott and wife granted, bargained and sold, aliened, enfeoffed, released and confirmed to |