IlIBRARY OF CONGRESS.! 
 
 # # 
 
 [FORCE COLLECTION.] |^ 
 
 I UNITED STATF.S OF AMERICA. | 
 
^ '-<■*' 
 
 CHARTS 
 
 /9 
 
 AND 
 
 OIIBINAK"CES 
 
 OF THE 
 
 BOROUGH OF CARLISLE, 
 
 TO WHICH ARE PREFIXED 
 
 INCIDENTS OF THE EARLY HISTORY OF THE TOWN, WITH A SUC- 
 CINCT NOTICE OF ITS PRESENT CONDITION. 
 
 ^..ryofCo^ 
 
 1867_ 
 
 '*> of WasWlr '3 
 
 ^'K,... ,.,,^10^* 
 
 ^ it^tli^lt. 
 
 / 
 
 PRINTED AT THE HERALD OFFICE. 
 
 1841. 
 
 
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 lai-ies of ilie lioroxtgli. 
 
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 'V ^ near the Town. o£ 
 
 CAMJiilSI^Be 
 
 A. 251,154 lifJR.^£of'£^o,r^TFr'^G£lh:n^7cam, 
 
 B. 563^4. M „ , J'S(W:jDQju^d^on, 
 
 €.580% Jrv?3r^Clune., Bp. 
 
 D. 274- 1. « .. Jos. Clark -n/r, 
 
 E. 249y2 
 
 Peter Wi-lJcie- 
 ■'OS-JCi-Zfforf;^ 
 
 
 17^5.94J!c/-<!ir fLnd.atlozt,€inee. 
 
 Jas. Synvth 
 
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 Tie "blaci Enes desijJuaie ihe pr(>i«ptii 
 
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 Thorn as Jrih"''^ 
 
 
 of +lie ToTvii of 
 
 ^^^ /At" adjacen-/' L amis pur cTtctsed. 
 burli froiiL the Settlers bj- 
 
 THOMAS r00K80:\ Esq 
 
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 ^Proprieia,rie» 
 ^ ^530Acres. 
 
 
 I 
 
 i^/M. „/-T.SmjUaii- 7SS. TfurOStl'TaZ^ 
 
INCIDENTS 
 
 O^ THE EARLY HISTORY OF CARLISLE, WITH A BRIEF NOTICE 
 OF ITS PRESENT CONDITION. 
 
 The present county of Cumberland is embraced in the pur- 
 chase by John, Richard and Thomas Penn, of all the lands west 
 of the Susquehanna, "to the setting sun," and extending 
 from the mouth of the same river northward as far as the 
 Tayamentasackta^' hills. This purchase was confirmed to the 
 Penns, by deed from the Indians of the Five Nations, on the 
 11th of October, 1736. 
 
 The county was erected by act of Assembly early in 1750, 
 and included all that portion of the then Province of Pennsyl- 
 vania, bounded by the Susquehanna, York county. South 
 Mountain and north and west lines of the Province. It then 
 contained 807 taxable inhabitants, and was represented the 
 same year in the Assembly at Philadelphia, by Joseph Arm- 
 strong and Hermamis Mricks. Immediately after the county 
 was established. Commissioners were appointed from York and 
 Cumberland counties to locate the division line. The York 
 county Commissioners were desirous to make Yellow Breeches 
 creek the common boundary, but to this the Commissioners of 
 Cumberland would not accede, and the result was that the York 
 Commissioners refused to run the line. They of Cumberland, 
 however, did it themselves, and reported to the Assembly that 
 they had begun " at the mouth of the Swahaiara on Susque^ 
 hanna river, and then took the courses and distances along the 
 highest ridge of the mountain, without crossing any running 
 water, till they struck the middle of the body of the South 
 Mountain at James Caruthers's plantation." Their report 
 was accompanied with a " true draught," and a prayer that 
 the line run by them might be confirmed, averring that the 
 draught laid before the House by the York Commissioners was 
 "imaginary and altogether false," and that to make Yellow 
 Breeches the line, would " cut off a great part of the North 
 
 * So called by the Five Nations, by the Delaware Indians Kekctchtanaminj and by 
 the settlers the Blue Mountains, 
 1 
 
[ 4 ] 
 
 Valley, reduce it to a point at the Susquehanna, and make the 
 county quite irregular." By an act of Assembly, passed Feb- 
 ruary 9, 1751, the difficulty was settled, and the present divid- 
 ing line of the two counties explained and ascertained. The 
 territory of Cumberland was afterwards curtailed by the erec- 
 tion of Bedford in 1771, of Northumberland in 1772, of Frank- 
 lin in 1784, of Mifflin in 1789, and of Perry in 1820. 
 
 The Court of Common Pleas and the Criminal Courts were 
 first held at Shippensburg,* but were removed to Carlisle in 
 1751 after the town was laid out. The Orphans' Court, during 
 the years 1750 and 1751, was not fixed to any certain place, 
 but seems to have followed the persons of the Judges. At one 
 time it was held at " William Anderson's," another time at 
 " Antrim," sometimes at " Shippensburg," and then again at 
 "Peter's Town." 
 
 In 1751, the Commissioners and Assessors of Cumberland 
 county, in behalf of " the far greater part of the inhabitants," 
 presented a petition to the Assembly, representing that the 
 Trustees, in pursuance of the act of Assembly erecting the 
 county, had made return to the Governor of a place at a branch 
 of Connogochiego creek, eight miles from Shippensburg, on the 
 great road to Virginia, praying the location of a court house 
 and prison there, and submitting Shippensburg to the Gover- 
 nor's choice, which they were fully persuaded would have 
 quieted the whole county, though it was north east of the 
 centre; yet that it had pleased the Governor to remove the 
 courts of justice to Le Tort's spring, almost at one end of the 
 county; and asking the Assembly to take into consideration 
 their grievances, the Governor, though repeatedly applied to. 
 
 sions :- 
 
 ' The following is a literal copy of tlie first record in tlie Court of Quarter Scs- 
 [18 : — 
 
 At a Court of General Quarter Sessions of tlic Peace held at Sliippenshur"; for the 
 County of Cumberland the twenty-fourtli day of .luly in the twenty-tourth year of thu 
 Reign of his Majesty KingGEORCiK the Sicond Anno(|. Dom. 175(1, 
 
 Before Samuel Smith lisquire and his Breliieren Keepers of llie Peace of our said 
 Lord the King and his Justices assign'd to hear and delermiue divers Felonies Tres- 
 passes &CC, 
 
 Dominus Rex -\ Sur Indietnit. for Larceny, not guilty & now 
 
 vs V ye defl rel liei- jil and submits to_\eCt. And 
 
 Bridget IlagenJ thereupon it is considCrid hy the Court and Ad- 
 
 judged that ye sd Bridget Ila^cn Restore ihe sum of Six puunils seventeen shillings 
 & sixpence lawful! money of I'enna unto .laeoh Long ye owner and make fine to ye 
 Governor in ye like sum an<l i)ay ye costs of prosecution k receive fifieeTi Lai^hes on 
 her bare back at ye Public Whipping post &i stand committed till yc fine St fees are 
 paid. 
 
[ 5 ] 
 
 having refused them redress. They alleged that it would aU 
 ways impoverish them to carry and expend their money at the 
 extremity of the county, whence it would never circulate back 
 again ; that neither the interests of the Proprietaries nor the 
 prosperity of the town of Carlisle would be advanced by chang- 
 ing the seat of justice, and that no good wagon Toad could be 
 made across the North Mountain "until beyond Shippensburg 
 up the valley." 
 
 Several citizens of the eastern end of the county, on the 
 other hand, denied, in a written communication to the Assem- 
 bly, that no good road could be made over the mountain 
 "from Shippensburg downwards," for that they had "in com- 
 pany with Daniel Williams, their representative, viewed and 
 considered the Gap called Stevens's," and were satisfied that 
 as the whole ascent was but sixty or seventy perches, "by 
 traversing it once or twice, ordinary wagons might have an 
 easy passage over it." 
 
 The Governor, on his part, directed his Secretary to say to 
 the Assembly that he " never saw any paper from the Cum- 
 berland Trustees, such as referred to by the petitioners, and 
 therefore admires at the boldness of the petitioners who must 
 have asserted that fact upon hearsay." Here this controversy 
 tripartite seems to have terminated, and the courts remained 
 at "Le Tort's spring," whither the Governor had removed 
 them. 
 
 The settlers at that early day had but little regard to the 
 quality of the soil upon which they located, if they could but fix 
 their habitations! near to running water. A number of them, 
 therefore, settled near Sherman's creek upon lands not at that 
 time purchased from the natives. In 1750, Richard Peters, taking 
 with him his Majesty's magistrates of Cumberland, and the 
 celebrated Conrad Weiser, dispossessed several families who 
 had there built cabins. Their dwellings were burned to the 
 ground, and the trespassers held in recognizances to appear and 
 answer at the next Court of Quarter Sessions at Shippensburg ; 
 and also bound in bonds to the Proprietaries to remove imme- 
 jdiately with their cattle and effects. 
 
 The town of Carlisle was laid out in 1751, in pursuance of 
 the following letter of instructions. By direction of the Pro- 
 
[ 6 ] 
 
 prietaries, a re-survey of the town and lands adjacent was made 
 by Colonel Jlrmstrong in 1762. 
 
 "INSTRUCTIONS 
 
 "7^0 Nicholas Scull, Esquire, Surveyor General, tchicli will 
 serve likewise for Mr. Coolcson. 
 
 "Several places having been recommended to me since the 
 erection of the new County of Cumberland over the River Sus- 
 quehanna, for the Situation of the County town, I have taken 
 time to give them all a just consideration with their respective 
 conveniences and inconveniences, and at length I determined 
 to place the Town somewhere on the Waters issuing from Le 
 Tort's Spring into the River Conedogwinet, as well because it is 
 the nearest situation to the Centre of the County on the East side 
 that will admit of proper supplj^s of good water, meadow, pas- 
 ture, timber, stone, lime and other necessaries and conveniences 
 for such a Town, as that it ansv\^ers best to the paths over the 
 Blue Hills, to the two large Rivers of Conedogwinet and Yellow 
 Breeches running in its neighborhood into the Susquehanna, 
 and to the trade, both with the Indians and with the City of 
 Philadelphia, as that there is said to be about it a wholesome, 
 dry, limestone Soil, good air, and abundance of vacant land 
 well covered with a variety of Wood. Having come to this re- 
 solve, I ordered Mr. Cookson to purchase such plantations on 
 this spring as would give the most healthy and commodious 
 Situation, and being: informed by him that the purchases are 
 finished, and that he waits there for my further orders, I have 
 thought proper to dispatch you to him, that you may assist him 
 in finding out the properest place for the site of the Town, and 
 in doing this I give it both of you in charge to take into your 
 consideration the following matters, viz : the Health of the Citi- 
 zens, the goodness and plenty of water, with the easiest method 
 of coming at it, its Commodiousness to the great road leading 
 from Harris's Ferry to the Potowmac, and to other necessary 
 Roads as well into the neighboring County, as over the Passes 
 in the Blue Mountains. 
 
 "When you have examined the Country about this place, so as 
 to consult these necessary points hi the best manner possible, 
 then you may proceed to mark the place of the Centre and the 
 outhnes, conforming yourselves in all lliiiigs to the Proprietiirics 
 plan and Instructions herewith delivered to you, but in doing 
 
[ 7 J 
 
 this you are to have a special regard to the Situation of the 
 Proprietary Lands, so as that upon the Encrease of the Town, the 
 Lots may all be within Lands belonging to the Proprietaries, and 
 the Roads to the Town pass thro' them in the most advantageous 
 manner; and to the end that I may form my own Judgment of 
 this, you are not absolutely to fix or publish any particular 
 place, but to lay down on a draught the Scite, as in your Judg- 
 ment of the Town, with the Proprietary Lands and places con- 
 tiguous, the Courses of the Creek, of the great road, as it goes 
 from the ferry to Shippensburg, and other necessary Roads, the 
 courses and distance of the River Conedogwinet, and Yellow 
 Breeches, together with the quality of the Soil, at and near the 
 Town, and between it and those Rivers. 
 
 . "You are likewise to survey what other vacant Lands there 
 are within five miles of the Town for the use of the Proprieta- 
 ries on your General Warrant, as I am informed by them that 
 the Surveyors have strangely neglected their Interest in this 
 County. 
 
 "When you have finished this Business, you and Mr. Cookson 
 are to proceed to the Town of York, and as there is great con- 
 fusion amongst the People there, you are to use your utmost 
 endeavors, to regulate all matters relating to the Lots taken or 
 built on there, and Avhat cannot be done by you on the spot, 
 you are to report to me, that I may determine and give the 
 proper instructions, and in this you are likewise to consider and 
 conform to the Proprietary Instructions herewith delivered re- 
 latmg to the Town of York. 
 
 "April 1, 1751, at Philadelphia. 
 
 "JAMES HAMILTON." 
 
 When the town was first located, it extended no further than 
 the present North, South, East and West streets. All the sur- 
 rounding country now within the borough limits was purchased 
 back by Mr. Cookson from the settlers, for the Proprietaries, 
 and was designed as commons. Subsequently, however, prin- 
 cipally m the years 1798, 1799, and 1800, the "additional lots" 
 and " out lots" were laid out and sold to the citizens, but not 
 without the remonstrance of a number of the inhabitants, who 
 held a town meeting on the subject, and declared that the ori- 
 ginal lots had been purchased from the Proprietaries upon a 
 condition verbally expressed, that the Proprietaries' lands ad- 
 
[ 8 1 
 
 joiiiiiig the town should remain commons forever for the benefit 
 of the poor. Because of this dissatisfaction, the payment of 
 quit-rents, which had been annually collected by the agents of 
 the Penns, was interrupted for many years, and eventually their 
 recovery was judiciously determined to be barred by lapse of 
 time. 
 
 The first tax upon the citizens of Carlisle, of which we have 
 any account, was laid in December, 1752, and amounted to 
 £25. 9s. 6d. 
 
 In October, 1753, a treaty of "amity and friendship" was 
 held at Carlisle with the Ohio Indians, by Benjamin Franklin, 
 Isaac Morris, and William Peters, Commissioners. The ex- 
 penses of this treaty, including presents to the Indians, amounted 
 to fourteen hundred pounds. 
 
 Shortly after this period, a dispute arose between the Gover- 
 nor and Council, and the Assembly, on the subject of a com- 
 plaint made by the Shawanese Indians, that the Proprietary 
 Government had surveyed all the lands on the Conodoguinet 
 into a manor, and driven them from their hunting-ground, 
 without a purchase, and contrary to treaty. It was said by the 
 Assembly that when the treaty was held at Carlisle, Big Beaver, 
 a Shawanese chief, made a speech to the Commissioners, as- 
 serting the right of his tribe to the lands on the Conodoguinet, 
 and complaining of the conduct of the Governor. By the Go- 
 vernor and Council it was alleged that no such thing had oc- 
 curred, and that at a treaty held in 1754, the same Shawanese 
 chiefs, who were at Carlisle the year before, made the "strongest 
 professions of their friendship" without any complaint " on 
 account of the same tract of land." They alleged, too, that 
 the Shawanese never had any claim to the Conodoguinet lands ; 
 for that " they were Southern Indians, who being rendered un- 
 easy by their neighbors," had settled on these lands in 1G9S, 
 with the permission of the Susquehanna Indians and the Pro- 
 prietary, William Penn. 
 
 No compensation being made to the Shawanese, they re- 
 moved northward, and finally put themselves under the pro- 
 tection of the French, in league with Avhom they were especially 
 distinguished for their hostility to the Colonists. In more re- 
 cent times, this tribe, under their famous chief Tecumthe, seem 
 not to have forgotten their former animosities. 
 
[ 9 ] 
 
 Governor Hamilton, in May, 1753, despatched to Carlisle 
 John O'Neal, for the pnrpose of repairing the fortifications. 
 The following extract from his report to the Governor, pos- 
 sesses interest: 
 
 " Carlisle, 21th May, 1753. 
 
 "The Garrison here consists only of twelve men. The 
 Stockade originally occupied two acres of ground square, with 
 a block-house in each corner, — these buildings are now in ruin. 
 Carlisle has been recently laid out, and is the established seat 
 of justice. It is the general opinion that a number of log cabins 
 will be erected during the ensuing summer on speculation, in 
 which some accommodation can be had for the new levies. 
 The number of dwelling-houses is five. The Court is at pre- 
 sent held in a temporary log building, on the north east corner 
 of the centre square. If the lots were clear of the brush wood, 
 it would give a different aspect to the town. The situation, 
 however, is handsome, in the centre of a valley, with a mountain 
 bounding it on the North and South at a distance of seven 
 miles. The wood consists principally of oak and hickory. 
 The limestone will be of great advantage to the future settlers, 
 being in abundance. A lime kiln stands on the centre square, 
 near what is called the deep quarry, from Which is obtained 
 good building stone. A large stream of water runs about two 
 miles from the village, which may at a future period be rendered 
 navigable. A fine spring runs to the east, called Le Tort, after 
 the Indian interpreter who settled on its head about the year 
 1720. The Indian wigwams in the vicinity of the Great Beaver 
 Fond, are to me an object of particular curiosity." 
 
 In the same year, 1753, another "stockade" of very curious 
 construction was erected, whose western gate was in High 
 street, between Hanover and Pitt streets, opposite lot number 
 one hundred. This fortification was thus constructed. Oak 
 logs about seventeen feet in length, were set upright in a ditch 
 dug to the depth of four feet. Each log was about twelve 
 inches in diameter. In the interior were platforms made of 
 clapboards, and raised four or five feet from the ground. Upon 
 these the men stood and fired through loop-holes. At each 
 corner was a swivel gun which was occasionally fired " to let 
 the Indians know that such kind of guns were within." 
 
 Three wells were sunk within the line of the fortress, one of 
 2 
 
[ 10 ] 
 
 which was on lot number one hundred and twenty-fivej another 
 on the hue between lots numbered one hundred and nine 
 and one hundred and seventeen; and the third on the line 
 between lots numbered one hundred and twenty-four and one 
 hundred and sixteen. This last was for many years known as the 
 "King's Well." Within this fort, called "Fort Louther," wo- 
 men and children from Green Spring and the country around, 
 often sought protection from the tomahawk of the savage. Its 
 force, in 1755, consisted of fifty men, and that of Fort Franklin, 
 at Shippensburg, of the same number. At a somewhat later day, 
 or perhaps about the same time, breastworks were erected a 
 little north east of the town — as it was then limited — by Colonel 
 StanAvix, some remains of which still exist. 
 
 In the year 1755, instructions were given by the Proprieta- 
 ries to their agents, that they should take especial care to en- 
 courage the emigration of Irishmen to Cumberland county. 
 It was their desire to people York with Germans and Cum- 
 berland with Irish. The mingling of the two nations in 
 Lancaster county had produced serious riots at elections. 
 
 In those primitive times, because of a sparse population, 
 elections were not very regular, but difficulties in these cases 
 were settled in a summary manner, and at much less expense 
 than in this intelligent age, for in 1756 when William Allen, 
 was returned a member of the Assembly for two counties, 
 Cumberland and Northampton, he was merely requested by 
 the Speaker to name the county for which he would sit, as he 
 could not serve for both. He chose Cumberland, and a new 
 election was ordered for Northampton. 
 
 The first weekly post between Philadelphia and Carlisle was 
 established in 1757, intended the better to enable his honor the 
 Governor and the Assembly to commmiicate with his Majesty's 
 subjects on the frontier. 
 
 The town of Carhsle, in 1760, was made the scene of a bar- 
 barous murder. Doctor John, a friendly Indian of the Dela- 
 ware tribe, was massacred, together with his wife and two 
 children. Captain Callender, who was one of the inquest, was 
 sent for by the Assembly, and, after interrogating him on the 
 subject, they otTered a reward of one hundred potmds for the 
 apprehension of each person concerned in the murdei-. 
 
[ 11 i 
 
 The excitement occasioned by the assassination of Doctor 
 John's family was immense, for it was feared that the In- 
 dians might seek to avenge the murder on the settlers. About 
 noon day, on the 4th of July, 1763, one of a party of horse- 
 men, Avho were seen rapidly riding through the town, 
 stopped a moment to quench his thirst, and communicated 
 the information that Presque Isle, Le Beuf, and Venango 
 had been captured by the French and Indians. The greatest 
 alarm spread among the citizens of the town and neighboring 
 country. The roads were crowded in a little while with women 
 and children, hastening to Lancaster for safety. The pastor 
 of the Episcopal church headed his congregation, encouraging 
 them on the way. Some retired to the breastworks. Colonel 
 Boquet, in a letter addressed to the Governor, dated the day 
 previous, at Carlisle, urged the propriety of the people of York 
 assisting in building the posts here, and "sowing the harvest," 
 as their county was protected by Cumberland. 
 
 The terror of the citizens subsided but little, until Colonel 
 Boquet conquered the Indians in the following year, 1764, and 
 compelled them to sue for peace. One of the conditions upon 
 which peace was granted, was that the Indians should deliver 
 up all the women and children whom they had taken into cap- 
 tivity. Among them were many who had been seized when 
 very young, and had grown up to womanhood in the wigwam 
 of the savage. They had contracted the wild habits of their 
 captors, learned their language and forgotten their own, and 
 were bound to them by ties of the strongest affection. Many 
 a mother found a lost child ; many were unable to designate 
 their children. The separation between the Indians and their 
 prisoners was heart-rending. The hardy son of the forest shed 
 torrents of tears, and every captive left the wigwam with re- 
 luctance. Some afterwards made their escape, and returned to 
 the Indians. Many had intermarried with the natives, but all 
 left to freedom of choice, and those who remained unmarried 
 had been treated with delicacy. One female, who had been 
 captured at the age of fourteen, had become the wife of an 
 Indian, and the mother of several children. When informed 
 that she was about to be delivered to her parents, her grief 
 could not be alleviated. "Can I," said she, "enter my parents' 
 
[ 12 ] 
 
 dwelling ? Will they be kind to my children ? Will niy old 
 companions associate witli the wife of an Indian chief? And 
 my husband, who has been so kind — I will not desert him!" 
 That night she fled from the camp to lier husband and children. 
 A great immber of the restored prisoners were brought to 
 Carlisle, and Colonel Boquet advertised for those who had lost 
 children to come here and look for them. Among those that 
 came was an old woman, Avhose child, a little girl, had been 
 taken from her several years before ; but she Avas unable to 
 designate her daughter or converse with the released captives. 
 With breaking heart, the old woman lamented to Col. Boquet 
 her hapless lot, telling him how she used many years ago to 
 sing to her little daughter a hymn of which the child was so 
 fond. She was requested by the Colonel to sing it then, which 
 she did in these words : 
 
 " Alone, yet not alone am I, 
 
 Though in this solitude so drear ; 
 I feel m}' Saviour always nigh, 
 
 He comes my every hour to checi-," 
 
 and the long-lost daughter rushed into the arms of her 
 mother. 
 
 Quietude being secured to the citizens by the termmation of 
 the Indian war, they directed their attention to the improvement 
 of their village and the cultivation of the soil. No important 
 public event disturbed them in their peaceful occupations, until 
 the disputes which preceded the war of the Revolution arose 
 between the Colonies and the Mother country. The tyrannical 
 sway of the British sceptre over the Colonists, found but few 
 advocates among the inhabitants of Carlisle, and when a resort 
 to warfare became necessary, many of them unhesitatingly 
 obeyed their country's call, and bore arms in her defence. 
 
 During the war, Carlisle was made an important place of 
 rendezvous for the American troops ; and in consequence of 
 being located at a distance from the theatre of war, liritish 
 prisoners were frequently sent hither for secure confinement. 
 
 Of these were two oflicers, Major Andre and Lieutenant 
 Despard, who had been taken by Montgomery near Lake 
 Champlain. While here, in 1776, they occupied the stone-house 
 on lot number one hundred and sixty-one, at the corner of 
 South Hanover street and Locust Alley, and were on a parole 
 
[ 13 ] 
 
 of honor of six miles; but were prohibited going out of the 
 town except in military dress. 
 
 In the immediate neighborhood lived Mrs. Ramsey, an un- 
 flinching whig, who detected two tories in conversation with 
 these officers, and immediately made known the circumstance 
 to William Brown, Esq., one of the county committee. The 
 tories, being pursued, were arrested somewhere between the 
 town and South Mountain, brought back, tried instanter, and 
 imprisoned. Upon their persons were discovered letters written 
 in French; but no one could be found to interpret them, and 
 their contents were never known. 
 
 After this occurrence, Andre and Despard were not allowed 
 to leave the town. They had in their possession fowling 
 pieces of superior workma.nship, with which they had been in 
 the habit of pursuing game within the limits of their parole ; but 
 now, being unable to use them, they broke them to pieces, de- 
 claring that "no d — d rebel should ever burn powder in them." 
 During their confinement here, a man by name Thompson, 
 enlisted a company of militia in what is now Perry county, 
 and marched them to Carlisle. Eager to make a display of his 
 own bravery and that of his recruits, he drew up his soldiers at 
 night in front of the house of Andre and his companion, and 
 swore lustily that he would have their lives, because, as he 
 alleged, the Americans who were prisoners of war in the hands 
 of the British, were dying by starvation. Through the impor- 
 tunities, however, of Mrs. Ramsey, Captain Thompson, who 
 had formerly been an apprentice to her husband, was made to 
 desist ; and as he countermarched his company, with a menac- 
 ing nod of the head he bellowed to the objects of his wrath, 
 " you may thank my old mistress for your lives." 
 
 On the following morning, Mrs. Ramsey received from the 
 British officers a very polite note, expressing their gratitude to 
 her for saving them from the hacking sword of the redoubtable 
 Captain Thompson. They were afterwards removed to York, 
 but before their departure, sent to Mrs. Ramsey a box of sper- 
 maceti candles, with a note requesting her acceptance of the 
 donation, as an acknowledgment of her many acts of kindness. 
 The present was declined, Mrs. Ramsey averring that she was 
 too staunch a whig to accept a gratuity from a British officer. 
 Despard was executed at London in 1803, for high treason. 
 With the fate of the unfortunate Andre, every one is familiar. 
 
[ 14 ] 
 
 The town of Carlisle was incorporated, and its present bounda^ 
 ries fixed, by an act of Assembly, passed the 13th of April, 1 782; 
 but the charter was supplied by a new enactment of the 4th of 
 March, 1814, Under the old charter, the style of the corpora-" 
 tion was " The Burgesses and Inhabitants of the town of Car- 
 lisle." Having no Council, all corporate business Avas trans- 
 acted in town meeting. The early borough records are some- 
 what imperfect, and the aftairs of the Corporation appear to 
 have been loosely managed. When the yellow fever, however, 
 in 1793, was committing its ravages hi Philadelphia, there was 
 no lack of active exertion, by the inhabitants of Carlisle, to keep 
 from amongst them the scourges of the epidemic. 
 
 An ordinance of the ISth of September of that year, enacted 
 that no inhabitant should receive into his house or family any 
 sick person from Philadelphia or elsewhere, until after exami- 
 nation by a physician of the borough, and a certificate from him 
 that such person was " not infected." Men were employed to 
 guard the passes from Philadelphia, and stop all wagons enter- 
 ing the town, conducting them past the borough "by the com- 
 mons." A tent was authorized to be erected at a distance from 
 the borough, for the reception of individuals supposed to be 
 infected. 
 
 The funeral bell was ordered not to be tolled, lest it might 
 alarm the sick, and an unfortunate negro, who had arrived in 
 town from • Philadelphia, despite the vigilance of the citizens, 
 and which he eluded for two days, had a reward of ten dollars 
 offered for his apprehension, that his body might be secured and 
 his clothing burned. 
 
 The inhabitants were at the same time suffering under a dis- 
 ease which they termed the " March iniasmoto,'" and the pre- 
 valence of which they attributed to the unhealthy condition of 
 Le Tort's spring. Tan-yards and mills were attacked, dams 
 declared public nuisances and razed, and the channel of tiie 
 spring dragged and cleansed, to remove the stagnant water 
 from the adjoining low grounds and prevent its future accumu- 
 lation. The fever in Philadelphia, and the miasma here, 
 shortly afterwards subsided, and with them the terror and ex- 
 citement of the people of Carlisle. 
 
 In 1794, the army raised to quell lli<' wliiskey insurrectionists 
 in the West, rendezvoused at Carlisle. General Washington 
 
r 15] 
 
 Was with them here for some time, and had his quarters In 
 the southern dwelling on lot numbered one hundred and sixty- 
 nine. 
 
 On the breaking out of the war of 1812, the citizens of Car- 
 lisle showed a commendable zeal in volunteering for the de- 
 fence of their country. Four^ fine companies were soon raised. 
 The ''^Carlisle Light Infantry," under Captain William Alex- 
 ^der, and a Rifle company, under Captain George Hendel, 
 served a tour of six months on the northern frontier. The 
 '^Carlisle Guards," under Captain Joseph Halbert, marched to 
 Philadelphia, and the '■^Patriotic Blues," under Captain Jacob 
 Squier, were, for some time, in the intrenchments at Baltimore. 
 
 Nothing of public interest has since occurred in this "ancient 
 borough," AVhich is thought worthy of particular remark. 
 
 The Borough of Carlisle is situated in latitude 40° 12' N., lon- 
 gitude 77° 10' W., eighteen miles south west of Harrisburg and 
 one hundred and eighteen from Philadelphia. The streets are 
 rectangular, and are all sixty feet wide, except High and 
 Hanover, which are in breadth eighty feet. 
 
 The. lots are sixty feet in front and two hundred and forty 
 feet in depth, excepting those on Le Tort's spring, the depths 
 of which are regulated by its various courses. 
 
 POPULATION IN 1840. 
 White males, 2046 
 " females, 1989 
 
 4035 
 
 Colored males, 1 38 
 
 " females, 1 77 
 
 315 
 
 Total, 4350 
 
 The town and adjacent country are healthy and well watered. 
 
 Le Tort's spring runs along the eastern side of the town. It has 
 
 its source two miles South, and empties into the Conodoguinet 
 
 about three miles north east of the borough. Trees have re- 
 
[ 1« J 
 
 ceiitly been planted in the centre square, wliicli in a few years 
 will add much to the beauty of the place. Through high 
 STREET runs the Cumberland Valley rail road. 
 
 The public buildings are, Court-house and county offices, 
 Gaol, Market-house, Town-hall, two Common School buildings, 
 Dickinson College and Institute, two Presbyterian churches, St. 
 John's Protestant Episcopal church, German Reformed church, 
 Lutheran church, I\Iethodist Episcopal church, Roman Catholic 
 church. Associate Presbyterian church, three African churches. 
 Banking-house, and United States Barracks. 
 
 COURT HOUSE. 
 
 The Court House, an old-fashioned brick buildmg, situated on 
 the south west part of the centre square, was erected about the 
 year 1766. The adjoining building, also brick, occupied by the 
 county officers, was put up at a much later day. The cupola 
 and clock were not added until 1809. Before the erection of 
 the court house, the courts were held in a small log tenement 
 on that part of the public square upon which now stands St. 
 John's church. 
 
 THE GAOL, 
 
 Is a stone building, standmg upon the north west corner of 
 High and Bedford streets. It was erected about 1754, and 
 enlarged in 1790. The citizens of Cumberland county peti- 
 tioned the Assembly in 1755 for aid to complete the prison, but 
 their application seems to have received no further notice from 
 the honorable members than an order "to lie on the table." 
 In 1754, stocks and a pillory were also erected on the square, 
 and remained until that inhuman method of punishment was 
 abolished. Some of our old citizens yet remember havuig seen 
 the ears of " cropped" culprits nailed to the pillory. 
 
 THE MARKET HOUSE, 
 
 Located on the south oast corner of the centre square, was 
 built in 1837, and is the third building of the kind which has 
 been erected in the town since its incorporation. On ilic same 
 part of the square was in olden time the celebrated '' Deep 
 Quarry." 
 
[ 17 ] 
 
 THE TOWN HALL, 
 
 Built of brick, stands near to the court house. In it are held 
 the regular meetings of Council. Its lower floor is appro- 
 |)riated to the preservation of the apparatus belonging to the 
 Fire Companies. Erected in 1821. 
 
 SCHOOL BTJiLDINGSi 
 
 One of these, a large brick building on Church alley, was 
 formerly the house of worship of the Methodist Episcopal con^ 
 gregation, by whom it was conveyed to the "Society of Equal 
 Rights," and by the society to the School Directors. It accom- 
 modates on the lower floor three schools. The upper is ap- 
 propriated to exhibitions, lectures, and other public uses. The 
 other building is on Liberty alley, and was formerly used as 
 a college. It was recently purchased by the School Directors, 
 and accommodates foUr schools. 
 
 The common school system is in full operation in Carlisle. 
 The whole number of schools is fifteen, in which are taught 
 about eight hundred scholars, at an annual expense of not less 
 than four thousand dollars. The schools constitute a progres- 
 sive series, in which " the branches are taught from the alpha- 
 bet to the higher studies of an English education." 
 
 COLLEGE AND INSTITUTE, 
 
 The original charter of the institution was granted by th6 
 Legislature of Pennsylvania, in 1783. By that instrument it 
 ^vas determined — " that in memory of the great and important 
 services rendered to his country, by his Excellency, John Dick- 
 inson, Esquire, President of the Supreme Executive Council, 
 and in commemoration of his very liberal donation to the in- 
 stitution, the said college, shall be forever hereafter called and 
 known by the name of Dickinson College." 
 
 The Faculty was first organized in 1784, by the election of 
 the Rev. Charles Nisbet, D. D., of Montrose, Scotland, as Pre- 
 sident, and the appointment of Mr. James Ross, as Professor of 
 Languages; to whom Avere added in the following year, the 
 Rev. Robert Davidson, D. D., as Professor of Belles Lettres,and 
 Mr. Robert Johnston, Instructor in Mathematics. The college, 
 under the administration of Dr. Nisbet, flourished, as much 
 perhaps, as the times would allow. 
 
C IS J 
 
 In 1798, the ypot now occnpied by the college buildings, be- 
 tween High and Louther streets and west of West street, was 
 selected, and the first edifice erected and ready for use in 1802. 
 This edifice was destroyed by fire in 1S04, but the trustees 
 proceeded to erect another, which was completed in September, 
 1805, and is now known as the west college. Before the com- 
 pletion of this building, the college sustained a heavy loss in the 
 death of Dr. Nisbet, which occurred on the 14th of February, 
 1804. The office of President was exercised ^;ro tempore hy 
 Dr. Davidson, until, in 1809, the Rev. Jeremiah Atwater, D. D., 
 was elected to fill the vacancy. The institution was prosper- 
 ous under his direction, and the class of 1812 was the largest 
 that had graduated for twenty years. In 1815, President At- 
 water resigned, and the following year the operations of the 
 college were suspended, and were not renewed till 1821. In 
 that year, the Rev. John M, Mason, D. D., was called to preside 
 over the institution, and during the first part of his adminis- 
 tration, there was a considerable influx of students ; but pre- 
 viously to his resignation, which took place May 1, 1824, the 
 college began to decline, and continued to languish, except for 
 brief intervals, while under the presidency of Drs. Neill and 
 Howe, imtil 1832, when the trustees determmed that the opera- 
 tions of the institution should cease. 
 
 In 1833, the control and direction of the college was trans- 
 ferred to the Baltimore, Philadelphia, and New Jersey Annual 
 Conferences of the Methodist Episcopal Church, by the resig- 
 nation, from time to time, of some of the trustees, and by the 
 election of others, named by the said conferences, in their stead, 
 until finally a complete change was effected in the manage- 
 ment of the institution. By this change the college took a fresh 
 start, and the organization of the faculty was commenced by 
 the election of the Rev. John P. Durbin as President, and the 
 establishment of a Law Department, under the charge of the 
 Hon. John Reed. About the same time, a Grammar School 
 was opened, under the direction of Mr. Alexander F. Dobb. 
 On the 10th of May, 1834, Merritt Caldwell, A. M. was chosen 
 Professor of the Exact Sciences, and Robert Emory, A. M., 
 Professor of Ancient Languages. 
 
 The requisite funds having been obtained, the grounds im- 
 proved, the buildings repaired, and an important alteration ef- 
 fected in the charter, the operations of the college commenced 
 
[ 19 ] 
 
 &,gain by the inductions into office, on the 10th of September, 
 1S34, of the President and two professors elect, and by the ad- 
 mission of twenty students, there being at the same time about 
 seventy pupils in the grammar school. On the ISth of July, 
 1837, the faculty was enlarged, by the addition of the Rev. John 
 McClintock, A. M., as Professor of Mathematics, and -William 
 H. Allen, A. M., as Professor of Natural Science. Since this 
 period, several changes have occurred in the board of instruc- 
 tion. — Professor Emory having resigned. Professor McClintock 
 assumed his duties, a.nd in July, 1S40, Colonel Thomas E. 
 Sudler, A. M., was called to fill the chair of Mathematics, va- 
 cated by Professor McClintock. 
 
 Mr. Dobb was succeeded in the charge of the grammar 
 school by the Rev. Stephen A. Rossell, A. M., who occupied 
 the station several years, assisted by John L. Carey, A. M., 
 Rev. John F. Hey, and the Rev. James Bunting. After the re- 
 signation of these gentlemen, the Rev. Levi Scott, A. M. was 
 -citbsen Principal, and the Rev. Thomas Bowman, A. M. assis- 
 tant, under whose efficient management the school still con- 
 tinues. Dickinson College, under the auspices of the Methodist 
 Episcopal church, and under the direction of its able faculty, 
 has hitherto been prosperous, and bids fair to realize the hopes 
 of its early founders. A new and commodious edifice has been 
 erected for the accommodation of the faculty and students, and 
 a suitable building for the use of the grammar school, called 
 Dickinson Institute. A large addition has been made to the 
 libraries, to the chemical and philosophical a,pparatus, and to 
 the mineralogical cabinet. The number of students has grad- 
 ually increased, and at this time there are in the college proper 
 118, in the grammar school, 60. Total, 178. The Board of 
 Instruction is as follows : — 
 
 Rev. John P. Durbin, D. D., President and Professor of Moral 
 Philosophy, 
 
 Merritt Caldwell, A. M., Professor of Metaphysics and PoH- 
 tical Economy. 
 
 William H. Allen, A. M., Professor of Chemistry and Ex- 
 perimental Philosophy. 
 
 Rev. John McClintock, A. M., Professor of Languages, 
 Thomas E. Sudler, A. M., Professor of Mathematics. 
 Hon. John Reed, LL. D., Professor of Law. 
 
[ 20 ] 
 
 Rev. Levi Scott, A. M., Principal of the Grammar School. 
 Rev. Thomas Bowman, A. M., Assistant. 
 
 PRESBYTERIAN CHURCHES. 
 
 Upwards of a century ago, the Presbyterians bnilt a log 
 chm'ch on the Conodoguinet creek, at a place now called the 
 "Meeting-house Springs." The first pastor was the Rev. 
 Samuel Thompson. No vestige of this building now remains. 
 In the burying ground are to be seen several grave-stones 
 emblazoned with coats of arms. Shortly after Carlisle was laid 
 out, a Presbyterian congregation was organized in it. A church 
 was built, and George Duffield, D. D., ordained pastor in 1761. 
 About 1760, a license was obtained from Governor Hamilton, 
 authorizing the congregation to raise by lottery " a small sum 
 of money to enable them to build a decent house for the wor- 
 ship of God," and in 1766, the minister and others petitioned 
 the Assembly for the passage of an act to compel the " maiicP- 
 gers to settle," and the "adventurers to pay;" the settlement 
 of the lottery having been for a " considerable time deferred" 
 by reason of the "confusions occasioned by the Indian wars." 
 The act prayed for was passed. 
 
 A short time afterwards, the congregation in the country, 
 then under the care of the Rev. Mr. Steele, constructed a two 
 story house of worship in town; and some time before the Re- 
 volution erected the present " First Presbyterian church," on 
 the north west corner of the centre square. The two church 
 parties differed somewhat in doctrinal views, and were called 
 the "Old Lights" and "New Lights." Mr. Dufheld's congre- 
 gation erected a gallery in Mr. Steele's church, and the two 
 parties worshipped separately. After the removal of Mr. Duf- 
 field to Philadelphia, and the death of Mr. Steele, the two 
 congregations united, and called, in 1785, the Rev. Robert Da- 
 vidson. 
 
 By act of Assembly of 1786, the congregation thus united 
 was incorporated. 
 
 In 1833, a portion of the congregation, by reason ol' a doc- 
 trinal dispute, organized another congregation, and worshipped 
 in the County-hall till 1834, when they built the "Second 
 Presbyterian church," on the corner of South Hanover and 
 Pomfret streets. The new congregation was incorporated in 
 
[ 21 ] 
 
 the latter year. The "Fhst Presbyterian church" is at present 
 under the care of the Rev. Wm. T. Sprole; and the "Second" 
 under that of the Rev. Alexander T. McGill. 
 
 ST. JOHX'S CHURCH. 
 
 The church edifice is situated on the north east corner of the 
 public square. Its corner-stone was laid in 1825. , 
 
 Robert Callender, George Croghan, Thomas Smallman and 
 Thomas Butler, presented to the Assembly, in 1765, a petition 
 in behalf of the " members of the church of England in Cum- 
 berland county," representing that they had "in part erected a 
 church in Carlisle wherein to worship Almighty God; but from 
 the smallness of their number, and distressed state of the coun- 
 try consequent upon the Indian wars," they were unable to 
 finish it, and praying the house to " consider their condition 
 and grant them such relief as they in their wisdom" should 
 deem meet. The same year an act was passed authorizing 
 them to raise a sufficient sum for the desired purpose by lottery; 
 but whether they availed themselves of it, does not appear. 
 The church then erected stood until the present one was built 
 near the same spot. 
 
 An itinerant missionary for the counties of York and Cum- 
 berland, was maintained by the " Society for the Propagation 
 of the Gospel in Foreign Parts," for several years after these 
 counties were founded. This office, as late as 1766, was held 
 by the Rev. William Thompson, son of the first Presbyterian 
 pastor at the " Meeting-house Springs." 
 
 The present rector is the Rev. P. H. Greenleaf. 
 
 GERMAN REFORMED AND EVANGELICAL LUTHERAN CHURCHES. 
 
 The German Reformed and Evangelical Lutheran congrega- 
 tions, were organized about 1765; the latter under the pastoral 
 care of the Rev. Mr. Butler. They worshipped on alternate 
 sabbaths in the same church, — which stood on the present Ger- 
 man Reformed burying ground, — until 1807, when each con- 
 gregation erected a house of worship for its own use. The 
 Lutherans built theirs on the corner of Louther and Bedford 
 streets. It is their present place of worship. Their church was 
 incorporated in 1811, and is now under the care of the Rev. 
 John Ulrich. 
 
t 22 J 
 
 *rhe German Reformed church was located on the lot now 
 occupied by the Preparatory school building of Dickinson Col- 
 lege. Having sold it, they built, in 1S27, a church at the cor- 
 ner of High and Pitt streets, which they afterwards sold to the 
 Methodist Episcopal congregation, and in 1835 erected the one 
 which they noAV occupy in Loutlier street. They were incor^ 
 porated in 1811. Their pastor is the Rev. Henry Aurand. 
 
 METHODIST EPISCOPAL CHURCH. 
 
 Soon after the Revolution, the Methodist ministers commenc- 
 ed their labors in Carlisle, worshipping first in the market-place, 
 then in the court-house, and subsequently in a small frame 
 building in Pomfret street, in v/hich last place they formed a 
 class of about twelve members, in 1792 or 1793. Their num- 
 ber increased, and in a few years afterwards they built a small 
 stone house in Pitt street, in which they worshipped a short 
 time, and then erected a brick edifice in Church alley. Having 
 sold this in 1835, they purchased from the German Reformed 
 congregation the stone church on the corner of Pitt and High 
 streets, which they have much improved and beautified. In 
 this they now worship, under the pastoral charge of the Rev, 
 Henry Sheer. The congregation was incorporated in 1838. 
 
 ROMAN CATHOLIC CHAPEL. 
 
 This edifice is built in the figure of a cross. Its location is 
 on Pomfret street. It was erected in 1807, and enlarged in 
 1823, The lot upon which it stands was at an early day owned 
 by the Jesuits of Conewago, who had upon it a small log church, 
 in which the Roman Catholic congregation worshipped until 
 the present one was built. Their officiating priest is the Rev. 
 Patrick Maher. 
 
 ASSOCIATE PRESBYTEniAX CHURCH 
 
 The Associate Presbyterian congregation of CarUsle was or- 
 ganized in 1798. The lot on West street, upon which the 
 church is built, was conveyed, in consideration of £6, by the 
 Messrs. Penns, in 179G, to "Wm. Jilair, Wm. Moore, John 
 Smith, and John McCoy, trustees of the Associate Presbyterian 
 congregation, adhering to the subordination of the Associate 
 
r 23 1 
 
 Presbytery of Pennsylvania, of which the Rev. John Marshall 
 and James C]arl<:son" were then members. The building was 
 put up in 1802, and the Rev. Francis Pringle, their first pastor, 
 called the same year. They have now no stationed minister, 
 but the pulpit is occasionally filled by supplies. 
 
 AFRICAN CHURCHES. 
 
 These are situated, two in Locust alley and the third in Pom- 
 fret street. 
 
 UNITED STATES BARRACKS. 
 
 The barracks are located about one-half mile from the town, 
 but within the borough limits. They were built in 1777. The 
 workmen employed were Hessians captured at Trenton. The 
 barracks will garrison 2000 men. A school of cavalry practice 
 has recently been established at them, by the Government, and 
 the buildings handsomely fitted up under the direction of Capt. 
 E. V. Sumner, commanding the post. 
 
 THE CARLISLE BANK. 
 
 The Banking-house stands on North Hanover street, near the 
 public square. The institution is governed by thirteen direc- 
 tors, and has a capital paid in of ^230,000. Business hours 
 from 9 A. M. till 2 P. M. ; and discount day Tuesday. The 
 charter of the Bank will expire in 1845. George A. Lyon, Pre- 
 sident; William S. Cobean, Cashier; A. Hendel, Teller.. 
 
BOROUGH OFFICERS FOR 184L 
 
 CHIEF BURGESS, 
 
 JOHN OFFICER. 
 
 ASSISTANT BURGESS, 
 
 NATHANIEL HANTCH. 
 
 TOWN COUNCIL, 
 
 FREDERICK WATTS, President. 
 GEORGE W. RIIEEM, D. N. MAHON, 
 CHARLES FLEAGER, CHARLES BARNITZ, 
 ARMSTRONG NOBLE, JOHN D. GORGAS, 
 JACOB SENER, JOHN H. WEAVER. 
 
 CLERK TO COUNCIL, AND BOROUGH TREASURER, 
 
 THOMAS TRIMBLE. 
 
 CLERK OF THE MARKET AND HAY SCALES, 
 
 MICHAEL DIPPLE. 
 
 STREET REGULATORS, 
 
 JOHN HARPER, JOHN R. TURNER, 
 
 JACOB SPANGLER. 
 
 STREET COMMISSIONERS, 
 
 DANIEL BOWERS, WM. M. BIDDLE. 
 
 HIGH CONSTABLE AND MESSENGER, 
 
 JOHN WALKER. 
 
 ASSESSOR, 
 
 ANDREW COMFORT. 
 
 TOWN CLERK, 
 
 ROBERT MOORE. 
 
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CHARTER 
 
 AND 
 
 ORDINANCES. 
 
 CHARTER. 
 
 Name and bounds of the borough. 1 
 
 Qualifications of electors — Borough Officers to be elected — Relurn of the elec- 
 tion of constables to be made to the court — Constables' powers and liability — - 
 Juflgs, inspectors and clerks, ho'v appointed — Shall take an oath — ^^Proceed- 
 ings in case of equality of votes — Certificates to be made out and deposited 
 with clerk of the court — Duty of high constable — How vacancies to be sup- 
 plied — Elections, by whom to be held. 2, 3<i 
 
 Style of the corporation — Powers and privileges — Seal — Markets. 3 
 
 Proceedings in case of refusal to serve as borough officer elected — Penalties how 
 
 recoverable. 4, 32 
 
 Burgess, &c., to take oaths, &c. 5 
 
 Five of the council to 03:istitiite a qao'ru'.Ti — Stated meetings — Make by-laws, 
 
 &c. — A.ssess taxes, &c. — Appoint officers — Power of removal — Place of 
 
 holding meetings — Publication of by-laws — Proviso relative to taxes, 6 
 
 Burgess to issue precept foP collecting taxes — Duty of burgesses. 7, 19 
 
 Duty of town clerk. 8 
 
 Treasurer to give security. 9 
 
 Duties of borough officers relative to their accounts. 10 
 
 Court of appeal. 11 
 
 High constable to give notice and superintend elections. 12 
 
 Compensation to judges, inspectors, &;c. — President of council to draw orders, 
 
 See. — Proviso relative to refusal to serve as borough officer appointed. ]3 
 
 Appeal may be had to the court in case of grievance. * 14 
 
 Competency of witnesses. 15, 29 
 
 Part of former act repealed. 16 
 
 Roads, streets and alleys, declared public highways — Rights and duties of street 
 
 and road commissioners. 17 
 
 Assessment of taxes. 18 
 
 Assessment regulated — Warrant to issue — Proceedings where persons neglect 
 
 or refuse to mtke payment — Collector to make payment within 3 months — 
 
 Transcript of balance in iiis hands to be entered with the prothonotary. 19 
 
 In what case tenants are to pay the taxes — The same to be deducted out of the 
 
 rent. 20 
 
[ 26] 
 
 2f 
 
 Aucfioneers maybe commissioned in the citj- of Lancaster. 
 
 Subject to the same duties, regulations, Sec. as auctioneers in the eily of Pliila- 
 
 delphia. 
 Compensation of auctioneers. 
 Penalty on selling without license — Enumeration of property which may be sold 
 
 by auction without license — Sales must be by the piece, package, kc. 
 Provisions of this act extended to Carlisle and other towns. 25 
 
 Town council authorized to appoint high constable. 2&- 
 
 So much of act of 20th March, 1810,as relates to borough of Carlisle, repealed. 27 
 Powers of high constable. -^^ 
 
 Evidence of publication of Ordinances. 3^ 
 
 24 
 
 v^ct ofl4th March, 1814. 
 
 I. Section I. Be it enacted by the Senate and House of 
 Representatives of the Commonwealth of Pennsylvania, in 
 General Jlssemhly met, and it is hereby enacted by the autho- 
 rity of the same. That the said town of Carhsle shall still con- 
 tinue and remain a. borongh, under the name and title of "The 
 Borough of Carlisle/' the extent and bounds of which shall be 
 the same as in the original law, passed on the 1 3th day of April, 
 in the year of our Lord one thousand seven hundred and eighty- 
 two. 
 
 Beginning at a walnut corner tree of land, now of Thomas 
 Wilson''s heirs, being a post at the corner of the widow McDon- 
 ald's out lots ; thence by the said land of Thomas Wilson's 
 heirs, adjoining the out lots, south twenty-four degrees and one 
 quarter east, two hundred and thirty-three perches, to a post on 
 Le Tort's spring ; thence doAvn the said spring, the diflcrent 
 courses thereof, fifty-nine perches, to a white oak, at the corner 
 of Jonathan Holmes' land; thence by the same and adjoining 
 out lots, south twenty-six degrees east, one hundred and twenty 
 perches, to a post ; thence by the same, south sixty-one degrees 
 east, one hundred and twenty-one perches, to a hickory; thence 
 by the same, south forty-one degrees east, one hundred perches 
 to a Avhite oak stump ; thence by numljer one of the small 
 tracts of land sold by the late Proprietaries to the inhabitants 
 of the town of Carlisle, now in the possession or occupancy of 
 James Davis, south forty-nine degrees west, ninety perches, to 
 a black oak ; thence by Charles IVLcClure's land, south forty- 
 nine degrees west, one hundred and twenty-nine perches, to a 
 black oak; thence by the same, north seventy-five degrees west, 
 
I 27 ] 
 
 twenty-one perches, to a post, and south forty degrees west, 
 fifty perche§, to a black oak, and north seventy-five degrees and 
 a half west, one hundred and fifty-four perches, to a post on 
 Le Tort's spring; thence down said spring, the different courses 
 thereof, forty-four perches, to a post on the west side of the 
 spring ; thence by the said Charles McClure's land, in right (as 
 is said) of Baynton and Wharton, south eighty -nine degrees 
 west, one hundred and fifty-nine perches, and adjoining out 
 lots; thence by the same adjoining out lots, and commons be- 
 longing to the town, north eighty-one degrees west, one hun- 
 dred and thirty-five perches, to a post, where a hickory tree 
 formerly stood ; thence by Ephraim Blaine's land, in right of 
 Hugh Parker and the late Proprietaries (as is said,) and by 
 John Smith's and company's land,north one hundred and eighty- 
 one perches to a post ; thence by the said John Smith's and 
 ■company's land, south eighty degrees west, one hundred and 
 thirty -four perches, to a post; thence the same course, extend- 
 ing by Ephraim Blaine's land, twenty-six perches; thence north 
 eight degrees east, one hundred and forty-two perches and four 
 tenths of a perch, to James Young's line, including the out lots; 
 thence by the said James Young's line, south forty-three de- 
 grees east, seventy-four perches, to a hickory, and adjoining out 
 lots; thence by the same, north eighty-three and one half de- 
 grees east, one hundred perches and two tenths of a perch to a 
 stone corner ; thence by the same, north twenty-four degrees 
 and one quarter west, fifty-nine perches to a post ; thence by 
 the same, north eighty-seven degrees east, forty and one half 
 perches, to a post ; thence by the same and Ross Mitchell's 
 line, north two and one half degrees west, one hundred and 
 seventy -seven perches, to a post; thence along the road laid 
 out through Ephraim Blaine's land, from said Mitchell's line 
 to said Blaine's mill, north eighty-one degrees and a half west, 
 two hundred and thirty-two perches, to the road leading from 
 Carlisle town to said mill; thence along said Carlisle road, south 
 four degrees west, twenty-two perches, to the place of begin- 
 ning, including the town of Carlisle, commons, and all the out 
 lots. 
 
 2. Sect. II. The inhabitants of the said borough, entitled to 
 vote for members of the General Assembly, and who shall have 
 resided within the same at least one year immediately preced- 
 ing the election herein after mentioned, and within that time 
 
[2S ] 
 
 paid a borough tax, shall have power on the third Friday in 
 March next, and on the same day in every year hereafter, to 
 meet at the conrt-honse in said borongh, and then and there 
 between the hours of one and five in the afternoon, elect by 
 ballot, one citizen residing therein, who shall be styled the 
 " Chief Burgess ;" one other citizen, who shall be styled the 
 " Assistant Burgess ;" and nine citizens to be a Town Council; 
 and shall also elect as aforesaid one citizen as a High Constable; 
 all of Avhom shall be inhabitants as aforesaid of the said bo- 
 rough. And also shall at the same time and place elect four 
 suitable persons for Constables, and return the said persons so 
 elected for constables to the next Court of Quarter Sessions of 
 the county of Cumberland, and the said court shall appoint two 
 of them to be constables of the said borough for one year from 
 and after the time of their appointment, who when appointed 
 as aforesaid, shall have the same power within the said borough, 
 and be subject to all the penalties which constables have and 
 are subject to under the act entitled, " An act to amend and 
 consolidate with its supplements, the act entitled, " An act for 
 the recovery of debts and demands not exceeding one hundred 
 dollars before a justice of the peace, and for the election of con- 
 stables, and for other purposes ;" but previous to the opening 
 of said election, such of the inhabitants who are present at the 
 court-house, shall elect three citizens as judges, one as inspec- 
 tor, and two as clerks of the said election, Avhich shall be re- 
 gulated and conducted throughout according to the general 
 election law of this commonwealth, and who shall be subject 
 to the same penalties for mal-practices as by the said law are 
 imposed ; and the said judges, inspectors and clerks, before they 
 enter upon the duties of their respective offices, shall take an 
 oath or affirmation before any justice of the peace of said coun- 
 ty, to perform the same with fidelity ; and after said election 
 shall be closed, shall declare the persons having the greatest 
 number of votes to be duly elected; and in case that any two 
 or more candidates should have an equal number of votes, the 
 preference shall be determined by lot, to be drawn by the 
 three judges in the presence of the inspectors and clerks, where- 
 upon duplicate certificates of said election sliall be signed by the 
 said judges, one of which shall be deHvercd to the clerk of the 
 Court of Quarter Sessions of the said county, to bo deposittxl in 
 his ofiice, and the other shall he filed with the papers belonging 
 
[ 29 ] 
 
 to the corporation. And it shall be the duty of the high con* 
 stable for the preceding year, to give notice in writing to each 
 of the persons so elected as aforesaid ; and in case of the death, 
 resignation, removal or refusal to accept of any of the said of- 
 fices, or if It should at any time happen through neglect, that 
 no election shall be holden on the day aforesaid, in the mode 
 herein before prescribed, the chief burgess, or in his absence or 
 inability to act, the assistant burgess shall issue his precept di- 
 rected to the high constable, to hold an election in manner 
 aforesaid to supply such vacancy or neglect, giving at least 
 eight days notice of such election by six advertisements set up 
 in the most public place in the said borough. [Postea 26, 30.] 
 
 3. Sect. III. From and after the third Friday in March next, 
 the chief burgess, assistant burgess and tOAVn council, duly 
 elected as aforesaid, and their successors, shall be one body po- 
 litic and corporate, by the name and style of " The Chief Bur- 
 gess, Assistant Burgess, and Town Council of the Borough of 
 Carlisle," and shall have perpetual succession ; and the said 
 chief burgess, assistant burgess, and town council, and their 
 successors, shall be capable in law to have, acquire, receive, 
 hold and possess goods and chatties, lands and tenements, rents, 
 liberties, jurisdictions, franchises and hereditaments to them and 
 their successors in fee simple or otherwise, not exceeding the 
 3^early value of five thousand dollars ; and also to give, grant, 
 sell, let and assign the same lands, tenements, hereditaments 
 and rents ; and by the name and style aforesaid, they shall be 
 capable in law to sue and be sued, plead and be impleaded in 
 any of the courts of law in this commonwealth, in all manner 
 of actions whatsoever, and to have and use one common seal, 
 and the same from time to time at their wiU to change and alter, 
 until it be otherwise directed by law, and the said inhabitants 
 shall hereafter forever hold two markets in each week, one on 
 Wednesday and one on Saturday. 
 
 4. Sect. IV. If any person duly elected as chief bm-gess, 
 assistant burgess, member of the town council, or high consta- 
 ble, as aforesaid, and having received notice thereof, as directed 
 by this act, shall refuse or neglect to take upon himself the exe- 
 cution of the office to which he shaU have been elected, or hav- 
 ing taken upon himself the duties of said office, shall neglect to 
 discharge the same according to law, every person so refusing 
 or neglecting, shall for every such offence, forfeit and pay the 
 
I 30 J 
 
 sum of twenty dollars, which fine, and all other fnies and for- 
 feitures incurred and made payable in^pursuanCe of this act, or- 
 of any of the by-laws and ordinances of the town council, shall 
 be for the use of the said corporation, and shall be recovered 
 in the same manner that debts not exceeding one hundred dol- 
 lars are recoverable ; and when so recovered, shall be forth- 
 with paid to the treasurer of the borough ; and it shall be the 
 duty of the officers of said borough, on receiving any money 
 belonging to the corporation, to pay the same to the treasurer 
 thereof. [Postea 32.] 
 
 5. Sect. V. The chief burgess, assistant burgess, town coun- 
 cil and high constable, and each of them, before entering upon 
 the duties of their respective offices, shall take and subscribe an 
 oath or affirmation, before any justice of the peace of said 
 county, to support the constitution of the United States and of 
 this state, and to execute the duties of their respective offices 
 with fidelity ; and the certificates of such oaths and affirmations 
 shall be filed among the records of the said corporation. 
 
 6. Sect. VI. It shall be the duty of the said town council, 
 five of whom shall be a quorum, to hold meetings on the second 
 Saturday in April, July, October, and January in each year, 
 and oftener if occasion requires, at which meetings they may 
 revise, repeal or amend all such by-laws and ordinances as have 
 been heretofore made in said borough, and enact such other 
 by-laws, and make such rules, regulations and ordinances, as 
 shall be determined by a majority of them, necessary to pro- 
 mote the peace, good order, benefit and advantage of the said 
 borough; particularly of providing for the regulation of the 
 markets, improving, repairing and keeping in order the streets, 
 lanes and alleys and highways, ascertaining the depth of \aults, 
 sinks, pits for necessary houses, and making permanent rules 
 relative to the foundations of buildings, party walls and fences. 
 They shall have power to assess, apportion and appropriate 
 such taxes as shall be determined by a majority of them neces- 
 sary for carrying the said rules and ordinances from time to 
 time into complete efi'ect, and also to appoint a town clerk, trea- 
 surer, two persons to act as street and road commissioners, a 
 clerk of the market and a collector, annually, and such other 
 officers as may be deemed necessary from time to time, and the 
 same officers from time to lime to remove for misdemeanor in 
 ofiice ; which meetings of the said town council shall be held 
 
[ 31 I 
 
 at the court-lionse in the said borough, until a town-house is 
 erected ; Provided, tliat no by-law, rule or ordinance of the said 
 corporation 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 a by-law or ordinance made as afore- 
 said, until ten days have expired after the promulgation thereof, 
 in at least one English and one German newspaper, printed in 
 the said borough, if such papers are printed in the same, and if 
 not, then by six advertisements to be put up in the most public 
 places in said borough : {^Posted 31.] Andj)rovided also, that 
 in assessing such taxes, due regard shall be had to the valua- 
 tion of taxable property taken for the purpose of raising county 
 rates and levies, so that the said tax shall not in any one year 
 exceed half a cent in the dollar of such valuation, unless some 
 object of general utility shall be thought necessary ; in which 
 case a majority of the taxable inhabitants of said borough shall 
 approve of and certify the same in writing under their hands, 
 to the town council, who shall proceed to assess the same accor- 
 dingly. [^Vide act oflAth Jlpril, 1827.] 
 
 7. Sect. VIL The chief burgess, elected and qualified agree- 
 ably to this act, or in his absence or inability to act, the assis- 
 tant burgess is hereby authorized to issue his precept as often 
 as occasion may require, directed to the collector, commanding 
 him to coUect all taxes so assessed, and the same to pay over 
 to the treasurer. And the said chief burgess, or in his absence" 
 or inability to act, the assistant burgess is hereby authorized to 
 carry into effect all by-laws and ordinances enacted by the town 
 council, and whatsoever else shah be enjoined upon him or 
 them for the well ordering and governing of said borough. 
 
 8. Sect. VIII. It shall be the duty of the town clerk to at- 
 tend all meetings of the town council when assembled upon 
 business of the corporation, and perform the duty of clerk 
 thereto, and keep and preserve the common 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 of the acts of the corporation^, 
 whose attestations with the seal of the corporation shall be good 
 evidence of the act or thing so certified. 
 
 9. Sect. IX. The treasurer (if required) shall give sufficient 
 security for the faithful discharge of the duties of his office, and 
 for the safe delivery of all monies, books and accounts apper- 
 
[ 32 ] 
 
 taining thereto, into the hands of his snccessor, upon demand 
 made for that purpose. 
 
 10. Sect. X. The street commissioners, treasurer, lii2:h con- 
 stable, clerk of the market and collector, as well as all other 
 officers who may be appointed by the corporation or council, 
 shall at the meeting of the council in the month of April yearlj'-, 
 render their accounts to the said council for settlement, and the 
 said accounts being so adjusted and settled accordingly, shall 
 be forthwith published by said council, showing particularly 
 the amount of taxes laid and collected, and of all monies paid 
 into the treasury, and the amount of expenditures. 
 
 11. Sect. XI. The chief burgess, assistant burgess, and pre- 
 sident of the council, or any two of them, shall constitute a 
 court of appeal, and prior to the collection of any borough tax, 
 the collector shall inform each inhabitant of his tax, and of the 
 time and place of appeal: Provided nevertheless, that said 
 court of appeal shall have no other power than to determine 
 the justness of the apportionment of said tax, and to remedy 
 any grievance that may occur in imposing the same. 
 
 12. Sect. XII. It shall be the duty of the high constable to 
 give notice of the annual elections of the said borough, held in 
 pursuance of this act, by setting up advertisements in the mar- 
 ket-house, and in four other public places in the said borough, 
 ten days previous thereto; he shall attend and see that the 
 same is opened at the time and in the manner directed by tiiis 
 act: Provided, \hsit li shall be the duty of the present iiigh 
 constable to publish and superintend in like manner the elec- 
 tion to be held on the third Friday in March next, as is herein 
 before directed. 
 
 13. Sect. XIII. The judges, inspector and clerks of tlie elec- 
 tions aforesaid, shall be allowed each one dollar a day for their 
 services in holding said elections, and the town council sliall 
 from time to time fix the salaries of the high constable, town 
 clerk, treasurer, clerk of the market, and such other oliicers as 
 may be appohited under this act, which salaries shall be jiaid 
 out of the borough treasury b}^ orders draAvn thereon, signed 
 by the president of the council, whicii shall not br increased or 
 diminished during the time for which (he said oflicers were ap- 
 pointed respectively : Provided, that if any person appomted 
 by the Town Council as aforesaid, shall neglect or refuse to 
 take upon himself the duties of the oliice to which he shall be 
 
[ 33 ] 
 
 SO appointed, he shall forfeit and pay for the use of the corpora» 
 tion, the sum of ten dollars, unless he can render to the said 
 council a satisfactory reason why he should be exonerated from 
 such service, of which they shall be the only judges : Pro- 
 vided also, that no person shall be compelled to serve in any 
 borough office aforesaid, more than one year in three years. 
 
 14. Sect. XIV. If any person or persons shall think him, her 
 or themselves aggrieved by any thing done in pursuance of this 
 act, except in what relates to the imposing and collecting the 
 borough tax and appointments made by the town council, he, 
 she or they may appeal to the next Court of Quarter Sessions, 
 to be held for the said county, upon giving security according 
 to law to prosecute his, her, or their appeal with effect ; and 
 the said court having taken such order therein as shall seem 
 to them just and reasonable, the same shall be conclusive 
 against all parties. 
 
 15. Sect. XV. The inhabitants of said borough and all per- 
 sons holding property therein, shall be competent witnesses in 
 all actions arising under this act or the by-laws and ordinances 
 of said corporation. {Postea 29.] 
 
 16. Sect. XVI. From and after the third Friday of March 
 next, so much of the act entitled, "An act for the erecting of 
 the town of Carlisle, in the county of Cumberland, into a bo- 
 rough, for regulating the buildings, preventing nuisances and en- 
 croachments on the commons, squares, streets, lanes and alleys 
 of the same, and for other purposes therein mentioned," as is al- 
 tered, supplied or amended by this act, be and the same is here- 
 by repealed : and so much of said act as authorizes the holdino- 
 of fairs in said borough, be and the same is hereby repealed. 
 
 SUPPLEMENTARY ENACTMENTS. 
 
 Act ofl4:th April, 1827. 
 
 17. Section I. The several public roads, streets and alleys 
 within the limits of the borough of Carlisle, in the county of 
 Cumberland, are hereby declared public highways ; and the 
 street and road commissioners of said borough, and their suc- 
 cessors in office, shall have and possess like powers, rights, 
 privileges and authorities, as the supervisors of the public 
 roads and highways of the several townships within this com- 
 monwealth, and shall perform like duties and services, and shall 
 he proceeded against in hke manner for neglect of duty or of- 
 
 5 
 
[ 34 J 
 
 ficial misconduct, and shall be liable to like fines, penalties alftf 
 forfeitures as the supervisors of the public roads and highways 
 aforesaid, and shall be governed in all things relating to their 
 office of street and road commissioners, by the laws of this 
 commonwealth which do or may govern the said supervisors in 
 the discharge of their official duty. [Ptird. Dig. tit. Township 
 Officers S; Supervisoj^s.'] 
 
 IS. Sect. II. The taxes which the said council are authoriz- 
 ed, by the act to which this is a supplement, to assess, appor- 
 tion and appropriate, shall be assessed by said council on all 
 such persons, trades, occupations and properties within said 
 borough, as are made taxable by the act of the eleventh of April, 
 one thotrsand seven hundred and ninety-nine, entitled " An act 
 to raise and collect county rates and levies :" Provided, that 
 the sum so assessed on the taxable praperty within said bo- 
 rough, shall not in any one year exceed half a cent in the dol- 
 lar, of the valuation thereof, taken for the purpose of raising 
 county rates and levies ; and that the rate assessed on any oc- 
 cupation, trade, or single fteeman who follows no occupation, 
 shall be in the same proportion to the rate assessed on the tax- 
 able property by said council, that the rates limited on occupa- 
 tions, trades and single freemen who follow no occupation, are 
 made to bear to the rate limited on taxable property by the 
 eighth section of the aforesaid act of the eleventh of April, one 
 thousand seven hundred and ninety-nine. [P. D. 6 th ed.p.2ll.] 
 
 19. Sect. III. The town council shall immediately after the 
 appeal is over, regulate the assessment according to the altera- 
 tions made, and cause the town clerk to make a fair duplicate 
 thereof; and the chief burgess, elected and qualified agreeably 
 to the act to which this is a supplement, or in his absence or 
 inability to act, the assistant burgess shall issue his warrant, 
 with the duplicate, to the collector appointed by said council, 
 authorizing and requiring him to demand and receive of and 
 from every person in such duplicate named, the sum where- 
 with such person stands charged. And if any person shall ne- 
 glect or refuse to make payment within thirty days from the 
 time of such demand, it shall be the duty of the said collector 
 to levy the said tax by distress and sale of the goods and chat- 
 ties of said delinquent, giving ten days public notice of such 
 sale, by written or printed advertisements; and in case goods 
 and chatties cannot be found, sufficient to satisfy the same, with 
 
[ 35 ] 
 
 costs of suit, the said collector shall be authorized to take the 
 body of such delinquent and convey him to the jail of the 
 said county, there to remain until the taxes with costs be paid or 
 secured to be paid, or he be otherwise discharged by due course 
 ©f law ; and the said collector shall, within three months after 
 having received the said duplicate, pay into the hands of the 
 treasurer of said borough, the whole of the amount of the taxes 
 charged and assessed in such duplicate without further delay, 
 except such sums as the said council may in their discretion ex- 
 onerate him from, on pain of being answerable for and charged 
 with the whole balance so remaining unpaid ; a transcript of 
 which balance shall be then entered by the treasurer with the 
 prothonotary, whose duty it shall be to J&le the same, and which 
 shall then operate to all intents and purposes, and be proceeded 
 on in the same manner for recovery of the amount thereof, as 
 if judgment were then entered against him for such balance in 
 a court of record, in the name of said corporation as plaintiff: 
 Provided, that such balance shall not be a lien on such delin- 
 quents property for a longer term than two years. 
 
 20. Sect. IV. Every tenant who may or shall occupy or 
 possess any house or lot, or other real property, within said 
 borough, owned by any person or persons not residing within 
 the said borough, his, her, or their goods shall be liable to be 
 distrained in manner aforesaid, for the payment of said taxes ; 
 and when any tenant or tenants shall pay the rate imposed on 
 said house or lot or other real property levied as aforesaid, it 
 shall be lawful for the tenant or tenants, to deduct the tax out 
 of the rent due or to become due, or to recover the same from 
 the owner or owners, by action of debt, with costs of suit, un- 
 less such defalcation or recovery would impair any contract or 
 agreement between them previously made. 
 
 Jict of 1th April, 1832. 
 
 21. Sect. I. From and after the first day of May next, when 
 any citizen of this state, who shall have resided in the city of 
 Lancaster, for one year, and shall have paid into the treasury 
 of the commouAvealth, the sum of five hundred dollars, and filed 
 in the office of the secretary of the commonwealth, his bond in 
 the penal sum of five thousand dollars, conditioned for the 
 faithful performance of the duties of an auctioneer, and for the 
 payment of all duties and taxes which may become due to the 
 
[ 36 ] 
 
 state, in consequence of his exercising tlie trade or occupation 
 of an auctioneer, with two or more sufficient sureties, to be ap- 
 proved of by the judges of the Court of Common Pleas, of the 
 county of Lancaster, or any two of them, which approval, to- 
 gether with the fact, that the applicant is a citizen and resident 
 of the city of Lancaster, as aforesaid, shall be certified by the 
 said judges on the bond, to be transmitted to the secretary of 
 the commonwealth, the Governor shall thereupon grant to such 
 citizen a commission in legal form, authorizing him to make 
 sales by auction according to law, of all and every kind of mer- 
 chandize whatsoever, at any place within the limits of the city 
 of Lancaster, for the term of one year from the date of said 
 commission. 
 
 22. Sect. IL Auctioneers appointed in pursuance of this 
 act, shall receive and pay to the state treasurer for the use of 
 the commonwealth, the same rates of duties on all articles 
 struck oif or sold by them that are required to be received and 
 paid by the auctioneers of the city of Philadelpliia, and shall 
 be subject to the same conditions, rules, regulations and restric- 
 tions, in all respects as are imposed by law on the auctioneers 
 of the said city of Philadelphia, except so far as the same may 
 be inconsistent with the provisions of this act. [P. I), tit. ^•Quct.'] 
 
 23. Sect. III. Every auctioneer commissioned in pursuance 
 of this act, shall be at liberty to contract Avith the person con- 
 signing to him property for sale, such compensation as may be 
 agreed upon by the contracting parties. 
 
 24. Sect. IV. From and after the first day of May next, it 
 shall not be lawful for any person, except auctioneers commis- 
 sioned in pursuance of this act, to sell or dispose of by public 
 outcry or vendue, within the limits of the city of Lancaster, any 
 description of property whatever, (except as is hereinafter ex- 
 cepted,) and every person offending agamst this provision, and 
 being thereof legally convicted, shall for every such offence 
 forfeit and pay the sum of five hundred dollars, to be recovered 
 as debts of like amount are by law recoverable, to the use of 
 the commonwealth : Provided, that nothing herein contained 
 shall be so construed as to hinder or prevent the sale of horses, 
 cattle, carriages, second hand household and kitchen furniture, 
 farming utensils and mechanics tools, books, or real estate, or the 
 remains of the stock of deceased merchants, or of those who 
 wish to close their business, or such sales as are authorized by 
 
[ 37 ] 
 
 the fourth section of an act, passed the twenty-thhd day of 
 September, one thousand seven hundred and eighty, entitled, 
 " An act to alter and amend an act for the more effectual sup- 
 pression of auctions and vendues, and to prohibit male persons 
 capable of bearing arms, from being hawkers and pedlars :" 
 Provided also, that no auctioneer commissioned under this act, 
 shall sell by auction any goods, wares or merchandize, except 
 in the cases above specified, by less quantity than the piece, 
 package, parcel, bale or box, as the case may be, under the 
 penalty herein mentioned. [Purd. Dig-. 6th ed. p. 95.^ 
 
 25. Sect. V. Sales at auction shall be regulated in the bo- 
 roughs of Harrisburg, Carlisle, Marietta, Columbia and York, 
 Frystown, and Buttstown, and West Chester, and the borough 
 of Chambersburg, in the same manner as is provided for in the 
 preceding sections of this act, for the city of Lancaster, the 
 auctioneers to be appointed in the same manner, pay the same 
 duties, give the same security, and be liable to the same regu- 
 lations and penalties. 
 
 ^cf of 1th March, 1835. 
 
 26. Section I. The town council of the borough of Carlisle 
 shall have power, at the first meeting of the said toAvn council, 
 after the borough election in each and every year, or as soon 
 thereafter as it may be convenient, to appoint one of the con- 
 stables of the said borough, or any other suitable citizen of the 
 same, high constable of the said borough, and the same high 
 constable from time to time to remove from office and appoint 
 another person in his place; and such high constable so ap- 
 pointed shall perform all the duties, and be subject to all the 
 penalties and provisions which are now by law prescribed and 
 established for the regulation of the high constable in the said 
 borough. 
 
 27. Sect. II. So much of the act of the twentieth of March, 
 one thousand eight hundred and ten, as provides that no person 
 shall be permitted to serve as constable more than three years 
 in any term of six years, is hereby repealed, so far as the same 
 relates to the borough of Carlisle, in the county of Cumberland, 
 so that any person elected by the people of the said borough to 
 the said office of constable, or who shall hereafter be elected to 
 said office, shall serve in such office as if the said act had never 
 been passed. 
 
[ 38 [ 
 
 Act of M April, 1837. 
 
 28. Section III. The high constable of the borough of 
 Carlisle, shall have all the powers and authorities which a con- 
 stable of any of the counties of this commonwealth can exercise 
 by the common law, by any act of the general assembly of this 
 commonwealth, or any ordinance or by-law of the said bo- 
 rough, except only that the said high constable shall not be 
 authorized to execute civil process in any suit or action wherein 
 the said borough is not a part)^ 
 
 Act ofldth February, 1840. 
 
 29. Section IV. No person shall be excluded from being a 
 witness, juror or arbitrator, in any action, prosecution or pro- 
 ceeding, Avhich has been or may be instituted, in which any 
 borough that has been or may hereafter be incorporated, is a 
 party on record or in interest, by reason of such person being 
 or having been a burgess, member of the council or other offi- 
 cer of such borough, under the charter, ordinances, by-laws, 
 rules or regulations thereof ; nor on account of such person or 
 his property being subject to the payment of any tax, or liable 
 to the payment of any expense or penalty, under such charter, 
 ordinances, by-laws, rules or regulations. 
 
 Resolution of\9th March, 1840. 
 
 30. The election for borough officers and constables, for the 
 boroughs of Harrisburg and Carlisle, shall be held and conduct- 
 ed by the same officers who hold the election for judges, in- 
 spectors, and assessors of the said boroughs, or in the respective 
 wards thereof. [F'ide act relating to elections, Section 14. 
 Pamphlet Laws, 1838-9,/;. 522.] 
 
 Act of 29th May, 1840. 
 
 31. Section I. An affidavit made by the town clerk of the 
 boroughs of Carlisle and Meadville, and entered upon the 
 minutes of the town council of the said borough, setting forth 
 that an ordinance of such borough has been duly published 
 according to law, shall be evidence of such publication. 
 
 Act ofGth April, 1841. 
 
 32. Section I. The several fines and penalties imposed by 
 the ordinances of the borough of Carlisle, may be sued for and 
 recovered before any justice of the peace of said borough, as 
 debts of similar amount are by law recoverable. 
 
ORDINANCES 
 
 NUISANCES. 
 
 Streets, lanes, alleys and highways not to be incommoded by dirt or other mat- 
 ter in making improvements — Provision in fa^or of persons building. 1 
 Shavings, ashes or other filth or annoyance, not to be laid on any street, lane 
 
 or alley. 2, 3, 4 
 
 Common sewers not to be obstructed. 5 
 Pavements to be made as directed by the Regulators — Extent of porches, cellar 
 
 doors, steps, jut windows, spouts and gutters limited. 6 
 Streets, lanes, alleys and pavements not to be obstructed by boxes, barrels, &c. 
 
 — Provision in favor of merchants. 7 
 
 Fuel not to remain on the streets. 8 
 
 Dut}'- of the High Constable relative to nuisances. 8, 9 
 The streets, lanes and alleys not to be obstructed by wagons, carts, Sec. — The 
 
 manner of placing the same directed. 10 
 
 Digging in the public square, streets, lanes and alleys 'prohibited. 11 
 Amount of powder kept in any shop or store limited — Time when it may be 
 
 sold. 12 
 
 Penalty, Avhere chimneys take fire by accident— -May be burned in wet weather. 13 
 
 Combustible matter not to be exposed where it may take fire. 14 
 Firing of squibs, guns, &c. prohibited— Trees, pumps, and pavements protected 
 
 — Disturbances of the peace and playing in the market-house interdicted. 15 
 Horses not to run at large — Stallions, jacks, and bulls, not to be exhibited — 
 
 Quadrupeds and wagons to be kept off pavements. 16 
 
 Poultry, swine or sheep running at large to be sold. 17 
 
 Penalty for injuring posts or fences, or carrying away vegetable products. 18 
 
 Cleanliness of Le Tort's spring provided for. 19 
 
 Bathing in the same prohibited. 20 
 
 Bitch dogs not to run at large. 21 
 
 Public square not to be occupied. 22 
 
 Grave-yard fences and tombstones to be preserved. 23 
 
 Constable to visit the graveyard. 24 
 
 Proceeding when stove-pipe or chimney is inconvenient or dangerous. 25 
 
 Theatrical entertainments, without license, prohibited. 26 
 
 Penalties, how recoverable. 27 
 
 AN ORDINANCE, RELATING TO NUISANCES AND OTHER OFFENCES. 
 
 Passed 30th November, 1840. 
 Section 1. Be it enacted and ordained by the Toivn Coun- 
 cil of the Borough of Carlisle, and it is hereby enacted and 
 ordained by the authority of the same. That if any person or 
 persons in digging or making of cellars, or other works or im- 
 provements, shall, after the publication of this ordinance, cast 
 or throw any dirt or other matter, into any piiblic street, lane, 
 
[ 40 ] 
 
 alley or highway, (so as to unnecessarily incommode the same,) 
 within the said borough, and shall not remove the same upon 
 notice given by the Chief Burgess, Assistant Burgess or High 
 Constable of said borough, within forty-eight hours from the 
 period of such notice, every such person or persons so offending 
 shall forfeit and pay a sum not less than Ten Dollars nor more 
 than Twenty Dollars. Provided, however, that persons build- 
 ing shall be privileged to occupy, not for a longer time than six 
 months, one half of the street immediately in front of the lot on 
 which they are building; and provided also, that such persons 
 shall not occupy any part of the foot pavements with such mate- 
 rials, except necessary scaffolding for putting up such buildings. 
 
 Sect. 2. If any person or persons shall lay or cause to be 
 laid any shavings, ashes, or other filth or amioyance, on any 
 pavement, street, lane or alley of said borough, and shall not 
 remove the same withm twenty-four hours after notice gix en 
 as aforesaid, every such person or persons so offending shall 
 forfeit and pay for every such offence a sum not exceeding Five 
 Dollars. 
 
 Sect. 3. If any distiller, soap boiler, tallow chandler, or other 
 person of any trade or calling whatsoever, shall discharge any 
 foul or nauseous liquid into any of the streets, lanes or 
 alleys of the borough ; or if such person shall keep, collect or 
 use, or cause to be kept, collected or used, in any of the built 
 parts of said borough, any offensive matter whatsoever, he or 
 she so offending shall forfeit and pay for every such offence, a 
 sum not exceeding Five Dollars. 
 
 Sect. 4. If any person or persons shall cast or lay any dead 
 carcass, or any excrement or filth from vaults, privies or other 
 places, on or near any of the streets, lanes or alleys, or upon 
 any uninclosed grounds within the limits of the borough, and 
 shall leave the same for the space of three hours without bury- 
 ing it at least two feet beneath the surface of the earth, he, she, 
 or they shall forfeit and pay a sum not exceeding Five Dollars. 
 
 Sect. 5. If any person or persons shall obstruct the passage 
 of the waters of any common sewer, made or to be made with- 
 in the said borough, he, she or they so offending siiall forfeit 
 and pay a sum not exceeding Fifiy Dollars. 
 
 Sect. 6. If any person or persons shall make any pavement 
 or footway before any house or lot in the said borough, of a 
 greater breadth or height than may be directed by the regula- 
 
[ 41 ] 
 
 tors appointed by the town comicil, or shall set up a post 6v 
 posts in any street, lane or alley, other than as directed by the 
 said regulators, or if any person shall hereafter make and set 
 tip in any street of sixty feet wide or upwards, any porch, 
 cellar door, or step, which shall extend beyond the distance of 
 four feet and three inches into such street, or beyond a propor- 
 tionate distance if set up in any narrower street ; or if any 
 person shall make and set up any bulk or jut window which 
 shall extend beyond the distance of twenty-eight inches into 
 said street, or shall place or cause to be placed any spout or 
 gutter whereby the passage of any street, lane or alley shall be 
 incommoded, and shall fail to remove the same within three 
 days after notice given by the chief burgess, assistant bilrgesSj 
 or high constable, he, she or they so offending shall forfeit and 
 pay a sum not exceeding Five Dollars ; and for any contin- 
 uance of such offence, shall forfeit and pay a sum not exceed- 
 ing Ten Dollars. 
 
 Sect. 7. If any person or persons shall obstruct any street, 
 lane, alley or pavement by boxes, barrels, cases, lumber, or any 
 other article whatever, other than fuel, and shall not remove 
 the same within three hours after notice as aforesaid given, h^, 
 she or they shall forfeit and pay a sum not exceeding Five Dol- 
 lars. Provided nevertheless, that any merchant or other per- 
 son having goods or other articles for sale, may erect awnings, 
 and exhibit said goods and other articles before their respec- 
 tive doors, between sunrise and sunset; but such goods or 
 other articles shall not occupy more than two feet of the exter- 
 ior or three feet of the interior of said pavements, and the ex- 
 terior and interior of the same shall not be occupied at one time. 
 Jind 2Jrovided further, that one watch-house for the Carlisle 
 Bank, and such other watch-houses as may be necessary here-^ 
 after, shall be excepted out of this ordinance. 
 
 Sect. 8. After notice so as aforesaid given, and refusal to 
 comply therewith, it shall be the duty of the high constable, 
 either of his own knowledge or on the instruction of the chief 
 or assistant burgess, to remove any such nuisance or obstruc- 
 tion at the cost of the person or persons so as aforesaid notified, 
 by whom the same shall have been erected; the cost of such 
 removal to be in addition to the penalty imposed by such sec- 
 tion of this ordinance as regulates the particular offence, but if 
 the person or persons having erected such nuisance or obstruct 
 6 
 
[ 42 J 
 
 tion shall be unknown, then it shall be the duty of the higfi 
 constable to remove the same at the charge of the cor- 
 poration. 
 
 Sect. 9. If any wood, stone coal or otlier fuel, shall be suf- 
 fered to remain upon any street, lane or alley of the borough, 
 for the space of three days, it shall be forfeited to the use of 
 the borough, and the high constable is hereby enjoined and 
 directed to seize the same, and shall immediately proceed to 
 sell it and pay over the proceeds to the treasurer of the borough, 
 first retaining thereout for his trouble twenty per cent. 
 
 Sect. 10. No person or persons residing within the borough 
 shall obstruct any street, lane or alley in the inhabited parts of 
 said borough, by keeping stationary therein any wagon, cart, 
 carriage, railroad car or other vehicle, for a longer period than 
 three hours, except for such further time as may be necessary 
 for the loading or unloading thereof, and excepting also such 
 Avagons, carts, carriages, cars or other vehicles as may be ne- 
 cessarily kept near to wagon makers' or other shops for the 
 purpose of repairing or finishing the same ; and the owner or 
 driver of any vehicle who shall stop to rest or feed his or her 
 horses or cattle upon any public street, shall back his or her 
 vehicle opposite the lot occupied by the keeper of the inn ar 
 tavern Avhere he or she is entertained, in such way as that the 
 hinder wheels shall rest against the curb-stone of the side pave- 
 ment, and the tongue extend toward the centre of the street. 
 And if any person or persons shall neglect or refuse to obey 
 the requirements of this section, he, she or they shall forfeit and 
 pay a sum not exceeding Five Dollars. 
 
 Sect. 11. No person or persons sliall open a quarry, dig 
 clay, make any hole, cavity, or break ground for any purpose 
 whatever in the public square, or in any street, lane or alley of 
 the borough, without having first obtained a license or written 
 permi-ssion from the burgesses, under a penalty not exceeding 
 Twenty Dollars, together with the cost of filling up and le- 
 velling the same. 
 
 Sect. 12. No person or persons shall keep within the limits 
 of the borough, in any house, shop, cellar, store or other place, 
 a greater quantity than twenty-five pounds weight of rock or 
 gun powder at any one time, unless it be fifty yards from any 
 dwelling house, under the penalty of Twenty Dollars : nor 
 shall any peron sell at wholesale or retail any gun or rock 
 
t 43 ] 
 
 p6\vder within the borough Hmits between sunset and sunrise, 
 \.mder a Kke penalty. 
 
 Sect. 13. If any person or persons shall suffer any chimney 
 to be uncleansed so long that the same shall take fire by acci- 
 dent, so as to flame out at the top, he, she or they shall forfeit 
 and pay a sum not exceeding Ten Dollars : Provided, hoiv- 
 Ever, that it shall be lawful for the occupier or owner of any 
 chimney to cleanse the same by burning in wet or snowy and 
 calm weather ; but if any such person shall at any other time 
 than when the weather is wet or snowy, and calm, voluntarily 
 set on fire any chimney, he, she or they shall suffer the penalty 
 aforesaid. 
 
 Sect. 14. If the owner or occupier of any lot within the in- 
 habited parts of said borough shall build, make or place any 
 stack, rick, mow or heap of grain, hay, straw, chaff, fodder, or 
 other combustible matter, in an open or exposed situation, so 
 as to be in danger of taking fire, from sparks or coals falling on 
 the same, and within the distance of one hundred feet from the 
 chimney of any fire-place in which a fire is usually kept, and 
 shall not within ten days after notice given by the high constable 
 remove the same, or cause it to be securely and closely covered 
 and inclosed with boards or safe covering, such person or per- 
 sons shall forfeit and pay a sum not exceeding Ten Dollars. 
 
 Sect. 15. It shall not be lawful for any person or persons to 
 kindle any fire in the public square, or in any of the streets, 
 lanes, alleys or lots of this borough ; nor to fire or throw any 
 squib or fire cracker ; nor to fire any gun, pistol, cannon or 
 other fire arm Avithin the same ; nor to cast or throw any brick 
 bat, stone, snow ball, fire ball, or other matter on, at, or in the 
 market-house, or in any of the inhabited parts of said borough; 
 nor to injure, damage or abuse in any way whatever the mar- 
 ket-house, any tree growing in the public square, any church 
 or other public building, or any pump within said borough; nor 
 to tear up, injure or abuse any pavement in the same ; nor to 
 disturb the peace and quiet of the town or any of the citizens 
 thereof, by any noise, disturbance, or disorderly conduct what- 
 ever ; nor to frequent and use the market-house as a place for 
 playing at ball or any other game ; nor to occupy the benches 
 of the same at any time or for any purpose except during mar- 
 ket hours. And every such offender for every such offence, 
 shall pay a fine not exceeding Ten Dollars. 
 
[ 44 ] 
 
 Sect. 16. If any person or persons shall gallop any horse, 
 mare, gelding, ass or mule, in any street, lane or alley of this 
 borough, or shall by negligence permit any such animal to run 
 away ; or shall suffer the same to run at large in said borough, 
 or to be driven to or from water or pasture, or shall exhibit for 
 public show or covering within the limits thereof, any stallion, 
 jack or bull; or shall, ride, lead, or drive any quadruped, or 
 drive any cart, Avagon or carriage upon any part of the foot 
 pavements within said limits ; or shall hitch or fasten any horse, 
 mare, gelding, ass, or mule, at or near any such pavement, so 
 as to tread upon or injure the same, or so as to interrupt or en- 
 danger any one in passing along said pavement, he, she or they 
 so offending shall forfeit and pay a sum not exceeding Ten 
 Dollars. 
 
 Sect. 17. If any geese, ducks, turkies, or other poultry, 
 swine or sheep be found running at large in any street, lane or 
 alley within the populated parts of the borough, or upon the 
 public square, it shall be the duty of the high constable to seize 
 and sell the same and pay over to the borough treasurer for the 
 use of the corporation, one half the amount of such sale, retain- 
 ing the residue as a compensation for his trouble. 
 
 Sect. IS. If any person or persons shall break any rail, post, 
 pole or other matter of which a fence is composed, or shall 
 throw down, open or in any way injure any fence or other in- 
 closure, gate or bar within the said borough, or shall gather or 
 carry away therefrom any kind of splinters, bark or chips, 
 without the consent of the owner of such fence or inclosure, or 
 shall enter upon any enclosed ground within said borough, or 
 shall take therefrom any fruit or A'^egetable product whatever 
 without the permission of the owner, such person or persons 
 shall forfeit and pay a fine not exceeding Ten Dollars : Pro- 
 vided, however, that nothing herein contained shall be held to 
 exempt the offender or offenders from legal liability to the 
 owner or owners of the property upon which the injury has 
 been done or the trespass committed. 
 
 Sect. 19. If any person or persons shall throw any dead 
 animal or other putrid matter, into (he Lctart spring, or shall 
 drown or destroy any animal and leave its carcass therein, or 
 shall suffer any filth or ofiensive matter to run into said spring 
 from any hog pen or stye, or shall in any way corrupt tlie wa- 
 ters of said spring so as to render the same unwholesome or 
 
[ 45 ] 
 
 impure, such person or persons so oiFending shall pay a fine not 
 exceeding Twenty Dollars. 
 
 Sect, 20. No person shall be permitted to bathe or swim in 
 the waters of the Letart spring, either by night or day, within 
 the limits of the borough, under the penalty of One Dollar. 
 
 Sect. 2\. If any bitch dog shall be suffered to run at large in 
 the borough, while in heat, the person owning, possessing, feed- 
 ing or harboring her, shall forfeit and pay a fine of Ten Dollars. 
 
 Sect. 22. No person shall ride, lead or drive any horse or 
 other animal over upon or through any part of the public 
 square, within the boundaries of the surroimding pavements and 
 alleys, nor shall any person occupy any part of said square 
 within said boundaries, with wagons, carts, carriages, or any 
 deposite whatever, under the penalty of One Dollar. 
 
 Sect. 23. If any person shall remove, misplace or injure any 
 part of a wall or fence enclosing any graveyard within the li- 
 mits of the borough, or shall pull down, break, or deface, or 
 otherwise injure any tombstone or monument placed or erected 
 in any such graveyard, he or she so offending shall forfeit and 
 pay a sum not exceeding Ten Dollars, together with the costs 
 of repairing the injury done. 
 
 Sect. 24. It shall be the duty of the high constable to visit 
 and examine, from time to time, the public graveyard belonging 
 to the borough, and make report at least once in every three 
 months, to either of the burgesses, of its actual condition. 
 
 Sect. 25. If any stove pipe or chimney within the borough 
 be so placed as to be inconvenient or dangerous, it shall be the 
 duty of either of the burgesses, on complaint of any inhabitant, 
 to issue an order to the street regulators to view the place com- 
 plained of, and they or a majority of them shall designate the 
 manner of placing or using such stovepipe or chimney as canbest 
 be done to avoid such inconvenience or danger, which altera- 
 tion they shall forthwith report in writing to the occupier of 
 such stove pipe or chimney, and also to one of the burgesses ; 
 and every such occupier to whom report shall be so made, con- 
 tinuing to use the same for three days thereafter, without hav- 
 ing made the alteration directed in said report, shall forfeit and 
 pay the sum of Five Dollars: Provided, however, that if such 
 alteration cannot reasonably be made within the time here 
 limited, either of the burgesses may allow such further time as 
 to him may seem necessary. 
 
[ 46 J 
 
 Sect. 26. No theatrical entertainments, equestrian perfor- 
 mances, shows of animals, or any spectacle or exhibition what' 
 ever, exposed to view for money, shall be permitted within tlie 
 bounds of the borough, without a written license from the 
 burgesses for such limited time as may be appointed by them, 
 and on payment of such sum as they may think proper, not 
 exceeding twenty dollars for every such license. And every 
 person offending in the premises, as well as every owner of any 
 house, out house, or other place in which such exhibition shall 
 be so made, shall forfeit and pay a fine not exceeding Twenty 
 Dollars. 
 
 Sect. 27. All fines and penalties imposed by this ordinance 
 shall be for the use of the corporation, and may be sued for and 
 recovered before any justice of the peace resident in the bo- 
 rough, and the chief burgess, assistant burgess, and high con- 
 stable, are hereby required and enjoined to inform upon and 
 prosecute to conviction every offender under this ordinance. 
 {^Sup. to Charter, Jinte 3.2.] 
 
 MARKETS. 
 
 Inner stalls of market-house appi-opriated to retailers of meat — Selling meat by 
 
 the quarter on the outer stalls prohibited with exception. 1 
 Butchers and retailers of meat to obtain license. 2, B 1 
 Buying and selling prohibited except during market hours — Market hours fixed. 3 
 Retailers of provisions and keepers of ojsttr and eating-houses to obtainlicense. 3,5,7 
 Purchases in mai'ket by retailers limited. 4 
 Treasurer to furnish license—Prices of stalls regulated—Treasurer to keep book. 5 
 List of licensed stalls to be furnished by the treasurer to clerk of market — Clerk 
 to issue process for penalty — May grant license for one day — Penalty for ne- 
 glect. 6, U 2 
 Duties of high constable and treasurer relative to retailers and oystci-men. 8 
 Cleanliness of market-house provided for. 9 
 No beam or hook to be erected in the raarkcl-hoiise. 10 
 Hucksters prohibited from selling in market-house without license. 1 1 
 Spaces appropriated to market-wagons. 1^2 
 Butter not of full weight to be forfeited. 13 
 Penalty for bringing unwholesome provisions to market. W 
 Fraud or violence prohibited in the sale of provisions. 15 
 Standard weights and measures to be kept — Weights and measures of inliabi- 
 
 tants to be tested — Buying and selling by false weights interdicted. 16 
 
 Penalty for refusing to permit weights and measures to be tested. IT 
 Articles to be sold in market may be weiglied or measured — Compeusaiion to 
 
 clerk. 1 8 
 
 Hay how to be weiglied. 19 
 
 Clerk to have the care of liay scales — Compensatioti for weighing. 20 
 
 Book of accounts to be kept and exhibited to council by clerk— His compensation. 21 
 
 Penalties, how to be I'ecovered. 22 
 
[ 47 ] 
 
 AN ORDINANCE, RELATING TO THE MARKETS. 
 
 Passed 11th January, 1841. 
 
 Section 1. Be it enacted and ordained hy the Town Coun- 
 cil of the Borough of Carlisle, and it is hereby enacted and 
 ordained by the authority of the same. That the inner stgils 
 and area of the market-house, shall be exclusively appropriated 
 to butchers and retailers of meat, who shall use the stalls or 
 spaces between the columns for the purpose of exposing their 
 meat for sale, and the outer stalls or benches shall be exclusively 
 appropriated to the venders of provisions and articles other 
 than meat by less quantity than a quarter: Provided, how- 
 ever, that the privilege of selling fresh meat by the quarter, on 
 the outer stalls or benches, shall only extend to and be enjoyed 
 by farmers and others, who may kill for market, stock of their 
 own raising. 
 
 Sect. 2. No butcher or retailer of meat by less quantity than 
 a quarter, shall occupy any stall of the market house without 
 first having obtained a license therefor from the borough trea- 
 surer, and having paid the said treasurer the sum which shall 
 be fixed as the annual rent of such stall as he or she may se- 
 lect ; a stall being the space between any two of the columns 
 which support the building. \_Post^ ^1.} 
 
 Sect. 3. It shall be unlawful for any person to buy or sell 
 any article of provisions (groceries, all kinds of grain, and bread 
 only excepted) after the hour of sunset of the day preceding 
 the markets, and 7 o^clock of the morning of the said market 
 days, from the 1st day of April until the 1st day of October 
 and 8 o'clock of the morning of the said market days, from the 
 1st day of October until the 1st day of April, as established by 
 the charter, except in the market-house ; nor shall it be lawful 
 for any person to retail any article of provision (except as be- 
 fore excepted,) in shops or houses within the borough, without 
 first having obtained a license therefor from the borough trea- 
 surer, and having paid for the same such price as shall be fixed 
 by the borough authorities. And any person offending against 
 this section shall forfeit and pay the sum of One Dollar for 
 every such offence. 
 
 Sect. 4. No person having obtained a license as aforesaid 
 to retail provisions, shall purchase within the usual market 
 hours, of buckwheat or corn meal, more than half a bushel : 
 
[ 48 ] 
 
 of any kind of nuts more tlian a peck : of eggs more than two 
 dozen : of butter more than six pounds: of potatoes more than 
 three bushels : of fruit more than one bushel : of meat, dry or 
 smoked, more than twenty pounds, (unless a single piece should 
 exceed twenty pounds,) under the penalty of Five Dollars. 
 
 Sect. 5. It shall be the duty of the treasurer of the borough 
 to issue a license to any person or persons applying for the 
 same, entitling him, her or them, to the exclusive use and oc- 
 cupancy, during market hours, of any stall or stalls in the area 
 of the market-house, or of any space or spaces on the outer 
 benches, for a term of not more than one year, nor less than 
 three months, the applicant or applicants therefor paying to the 
 treasurer the annual rent of nine dollars per annum for the in- 
 ner range of stalls ; and the applicant or applicants for a space 
 or spaces on the outer benches of the market-house, paying to 
 said treasurer the annual rent of two dollars for a space of four 
 feet, or one dollar and fifty cents for a space of three feet as 
 marked, designated and numbered on the said benches, which 
 said several rents shall be paid quarterly in advance. And it 
 shall be the duty of the said treasurer to enter in a book kept 
 for that purpose, the numbers of each and every stall and space 
 and the names of the persons to whom licenses therefor have 
 issued, and the time for which they have issued : Provided ^ 
 that in all applications to the treasurer for license to retail pro- 
 visions or maintain an eating house in the borough, or to occu- 
 py a stall or stalls in the market-house, he shall be entitled ta 
 receive from the applicant fifty cents in addition as a compen- 
 sation for his trouble, unless the license be for a less time than 
 a year, in which case he shall receive only twenty-five cents. 
 
 Sect. 6. It shall be the duty of the treasurer once in every 
 three months to furnish to the clerk of the market a list of the 
 persons who have paid for and taken licenses for stalls and 
 places in the market-house, and if any of the said stalls shall be 
 occupied or used by any person Avho has not taken out a li- 
 cense for the same, it shall be the duty of the clerk immediately 
 to make report thereof in writing to the treasurer, whose duty 
 it shall be to procure process to be issued against such person 
 for the collection of the penalty imposed by this act: Provid- 
 ed, hoivever, that any person may obtain permission from the 
 clerk of the market to occupy a stall or half a stall in the said 
 market-house for one day during market hours, first paying 
 
[ 49 j 
 
 therefor to the said clerk for the use of the borough twenty-five 
 cents for the privilege of a stall, or twelve and a half cents for 
 half of a stall. And if the clerk of the market shall neglect to 
 perform the duties required of him by this act, he shall forfeit 
 and pay the sum of fifty cents for each individual so occupying 
 any stall or part of a stall without license, and for each and 
 every market day the same shall be so occupied. [Post. B 2.] 
 
 Sect. 7. It shall be lawful for the treasurer to grant and is- 
 sue a license, to any person or persons applying for the same, 
 to retail provisions of any kind or to keep and maintain an 
 oyster or eating house within the borough for the term of one 
 year, he, she or they applying for the same, having first paid 
 to the treasurer the sum of two dollars for the use of the bo- 
 rough, and if any person or persons shall keep or maintain an 
 oyster or eating house within said borough, without having ob- 
 tained a license, he, she or they, shall forfeit and pay the sura 
 of Five Dollars. 
 
 Sect. 8. It shall be the duty of the high constable on the se- 
 cond Saturdays of April, July, October and January, to report 
 to the treasurer the name of every retailer of provisions, and of 
 every keeper or maintainor of an oyster or eating house within 
 the borough, and if any person shall be found offending in the 
 premises against the prohibitions and requirements of this or- 
 dinance, the treasurer shall cause process to be issued against 
 such offender for the penalty in such case provided. 
 
 Sect. 9. The benches or blocks to be used by butchers in 
 cutting up their meat, shall not be permitted to remain in the 
 market-house at any other time than during market hours, 
 without being turned upon or against the permanent boxes be- 
 tween the columns, so as to preserve their upper surface from 
 filth and uncleanliness. And it shall be unlawful for any per- 
 son to bring within the market-house or the enclosure which 
 surrounds the same, any dray, cart, wagon, or any other thing 
 not authorized by this ordinance ; nor shall it be lawful for any 
 person to bring into and leave within the said market-house or 
 enclosure, the head, feet, or offals of any animal, and any one 
 offending against any provision of this section, shall forfeit and 
 pay for every offence the sum of Two Dollars. 
 
 Sect. 10. No person shall hereafter construct or put up in 
 the said market-house, any beam, hook or device for any pur- 
 pose whatever, under the penalty of Two Dollars, without first 
 7 
 
[ ^0 ] 
 
 having obtained the consent of the town council; and it shall 
 be the duty of the clerk of the market immediately to remove 
 any such beam, hook or device so constructed or put up. 
 
 Sect. 11. No huckster or seller of cakes shall be permitted 
 fo sit within the market-house or the line of posts which sur- 
 rounds the same, for the purpose of selling, without having first 
 obtained a license from the treasurer, and the privilege under 
 such license shall only extend to the right of selling during 
 market hours. 
 
 Sect. 12. The spaces on the south and east sides of the mar- 
 ket-house are hereby appropriated, during market hours, to the 
 use of wagons, carts, and carriages; and the owner or owners 
 of such cart, wagon, or carriage, shall back the same in such 
 way as that the hinder part thereof shall be next the market- 
 house: Provided, hoiuever, that no wagon or other vehicle 
 laden with wood, rails, boards or other lumber, shall be per- 
 mitted to occupy, during market hours, any part of the sard 
 spaces; and any person offending against this section, shall for- 
 feit and pay the sum of One Dollar. 
 
 Sect. 13. If any person shall offer for sale any butter not 
 of full weight, it shall be forfeited, and sold by the clerk of the 
 market for the use of the borough, and the proceeds paid over 
 to the treasurer. 
 
 Sect. 14. If any person shall bring to market for sale bad or 
 unmarketable provisions, the clerk of the market shall imme- 
 diately remove the same, and the offender shall forfeit and pay 
 for every offence the sum of Five Dollars. 
 
 Sect. 15. It shall be unlawful to use any fraudulent or dis- 
 honest practice, or any force or violence in purchasing or vend- 
 ing during market hours any article of provision, and every 
 person offending against this section shall forfeit and pay for the 
 use of the person injured the sum of T^vo Dollars. 
 
 Sect. 16. The clerk of the market shall always keep for the 
 use of the corporation, exact standard weights and measures, 
 as the same are or shall be fixed by the laws of this common- 
 wealth; and it shall be his duty once in every three months, or 
 oftener if required, to try the weights and measures of all in- 
 habitants of the said borough who buy or sell by weight or 
 measure, and every weight or measure used in the said bo- 
 rough, either for buying or selling, which shall be found great- 
 er or less than the standard, shall be taken into the custody of 
 
[ SI ] 
 
 tfee said clerk, whose duty it shall be to increase or reduce the 
 same to the true standard at the expense of the person owning 
 or using the same. And if any person within the said borough 
 shall sell any article by weight or measure under the just stan- 
 dard so to be kept, or shall buy by any weight or measure 
 above such standard, he or she shall forfeit the said weights or 
 m.easures, and pay for every such offence the sum of Five 
 Dollars. 
 
 Sect. 1 7. If any inhabitant of the borough, using any weights 
 or measures for the purpose of buying and selling, shall refuse^ 
 on demand being made by the clerk of the market, to produce 
 or deliver the said weights or measures for the purpose of be- 
 ing tested by the standard aforesaid, he or she shall forfeit and 
 pay for every such refusal a sum not exceeding Twenty Dollars. 
 
 Sect, 18, It shall be the duty of the clerk of the market to 
 attend every market morning at the market-house, where the 
 said standard weights and measures shall be kept in a house 
 provided for keeping the same, and all articles offered for sale, 
 the price of which shall depend on weight or measure, shall, if 
 brought to the said house, be by him weighed or measured, and 
 he shall be paid by the seller for weighing, as follows : for each 
 draft not exceeding ten pounds, one cent ; if over ten and not 
 exceeding twenty pounds, two cents ; if over twenty and not 
 exceeding fifty pounds, three cents ; if over fifty and not ex- 
 ceeding one hundred pounds, four cents ; and if over one hun- 
 dred pounds, six cents ; and for measuring all articles sold by 
 the bushel or less quantity, he shall receive for each measure, 
 if not exceeding half a bushel, one cent ; if above a half bushel 
 and not exceeding a bushel, two cents; and two cents for every 
 additional bushel ; and if the said clerk shall be called upon to 
 weigh or measure any article at any other time than on the 
 morning of a prescribed market day and during market hours, 
 the seller shall pay to the said clerk double the above rates. 
 
 Sect. 19. No person shall sell any hay to a citizen of the 
 borough unless by the stack, without having the same weighed 
 in the hay scales, or patent balance, before its delivery to the 
 purchaser, under the penalty of Five Dollars. 
 
 Sect. 20. The clerk of the market shall have the care and 
 custody of the said scales or balance, and shall Aveigh all hay 
 and other articles brought for that purpose, for which service 
 he shall be entitled to demand and receive from the owner of 
 
[ 52 ] 
 
 such hay or other article fifty cents for every ton, and a pro- 
 portionate compensation for any less weight, provided that in 
 no case shall he receive a smaller sum than twelve and a half 
 cents. 
 
 Sect. 21. The clerk of the market shall keep regular entries 
 of all monies received by him under the 20th section of this or- 
 dinance, and shall exhibit his book of accounts at each quar- 
 terly meeting of the council, and pay over the said moneys to 
 the treasurer of the borough, after having deducted therefrom 
 one third part as a compensation for his trouble. 
 
 Sect, 22. All fines and penalties imposed by this ordinance 
 may be sued for and recovered before any justice of the peace 
 in the borough, and shall, unless otherwise directed, be for the 
 use of the corporation. [Sujj. to Charter, Jinte 32.] 
 
 B. 
 
 AN ORDINANCE 
 
 Supplementary to an Ordinance, entitled " Jin Ordinance to 
 regulate the Markets.^' 
 
 Passed 30th March, 1841. 
 
 Section 1. Be it eriacted and ordained by the town council 
 of the borough of Carlisle, and it is hereby enacted and or- 
 dained by the authority of the same. That any person or per- 
 sons offending against the provisions of the second section of 
 an ordinance, entitled " an ordinance to regulate tlie markets," 
 passed by the town council on the 11th day of January, 1841, 
 shall forfeit and pay to the use of the corporation the sum of 
 One Dollar, to be recovered as is provided in the twenty-second 
 section of the said ordinance. 
 
 Sect. 2. The list to be furnished to the clerk of the market 
 as directed by the sixth section of the aforesaid ordinance, shall 
 be held to extend only to the occupants of the imier stalls of 
 the market-house. 
 
 PUMPS. 
 
 Regulators may grant permission to sink well and put in pump. 1 
 
 How owner may have exclusive use — IIow kept in repair. 2 
 
 Owners may assess two ilollars on those using water. S 
 
 No person to use water without paying assessment to owners — No filth to be 
 
 put near pump. 4 
 Well abandoned by the original owner may be taken by others — Proceeding in 
 
 such case. 5 
 
[ 53 ] 
 
 Registry of owners of wells to be kept — Clerk to furnish a copy of the registry 
 
 under seal. 6 
 
 Pumps in public square to be under care of town council — May assess the sum 
 
 of one dollar on families for use of water. 7 
 
 AN ORDINANCE 
 
 JRespecting pumps in the streets of the borough. 
 Passed 11th January/, 1841. 
 
 Section 1. Be it enacted and ordained by the town council 
 of the borough of Carlisle, and it is hereby enacted and or- 
 dained by the authority of the same, That when any inhabitant 
 or inhabitants of said borough shall agree to sink a well and 
 place a pump therein, in front of a lot belonging to them or any 
 of them, and to keep it in repair, it shall be the duty of the re- 
 gulators, or any two of them, to grant permission to sink such 
 well, and place a pump in such place between the foot way and 
 the street, as to the said regulators shall seem right and proper. 
 
 Sect. 2. The inhabitant or inhabitants so sinking a well and 
 placing a pump therein, having their application entered with 
 their names in the books of the corporation, and the person or 
 person so registered, or those claiming under them, and having 
 their names entered as their representatives, shall possess and 
 enjoy the exclusive use of said well and pump, except in case of 
 fire, when it shall be for the public benefit. They shall also 
 keep the said pump in repair, so that the same may be used and 
 enjoyed by the inhabitants paying for the same as is hereinaf- 
 ter provided ; and also that the same shall not be an impedi- 
 ment to the street or footway in consequence of the want of 
 such repair, under the penalty of One Dollar for every forty- 
 eight hours that the same shall be so out of repair. 
 
 Sect. 3. It shall be lawful for the owner or owners of said 
 pump or pumps, whose names shall be registered as aforesaid, 
 and those claiming under them, to assess the sum of two dol- 
 lars per year on each and every innkeeper, and one dollar per 
 year on each and every housekeeper using the water of said 
 well or pump, from which no deduction shall be made nor any 
 penalty incurred in consequence of such person or persons be- 
 ing deprived of the use of said well or pump during the time 
 necessary to repair the same. 
 
 Sect. 4. If any person or persons shall use the water from 
 said well or pump without the consent of the owner or owners 
 
r 54 ] 
 
 thereof (whose names shall be registered as aforesaid,) or with- 
 out having paid in advance the sum assessed as aforesaid, or 
 shall at any time wash clothes, clean fish, or do any other thing 
 at or near said well or pump, so as to occasion filth, or any un- 
 pleasant smell, such person or persons so offending, or the head 
 of the family to which such person or persons belong, shall 
 forfeit and pay for every such offence a fine of Three Dollars, 
 one half to the use of the corporation, and the other half 
 to the owners of said well or pump, to be recovered be- 
 fore any justice of the peace of the borough, as debts of 
 like amount are recoverable by law. [^Siij). to Charter, Ante 
 32.] 
 
 Sect. 5. When any well has heretofore been sunk in front 
 of a lot on any of the streets or footways of said borough, and 
 which has been abandoned by the original owners of the same, 
 it shall be lawful for any two or more of the owners of lots with- 
 in one hundred yards of said well, to have their names registered 
 in the books of the corporation as owners, and the said owners 
 of lots so as aforesaid registered, and those claiming under them, 
 shall have the use of said well in the same manner, and with 
 the same rights and liabilities, as is provided for original owners 
 in the second section of this ordinance. 
 
 Sect. 6. It shall be the duty of the clerk to council to make 
 and keep a registry of the owner or owners of all such wells 
 and pumps hereinbefore mentioned, and on application of any 
 two or more owners as aforesaid, to furnish a copy of 
 said registry, under the seal of the corporation ; he receiving 
 for such copy the sum of fifty cents as a compensation for his 
 trouble. 
 
 Sect. 7. The pumps in the public square shall be under the 
 care and superintendence of the town council, and they are 
 authorized to levy the sum of one dollar upon the head of every 
 family making use of said water (to be collected by the high 
 constable,) for the purpose of keeping the same in repair ; and 
 any person using the water of said pinnp or pumps without 
 having first paid the said sum in advance, such person shall 
 forfeit and pay to the use of the corporation the sum of Three 
 Dollars, which shall be recovered before any justice of the 
 peace. [Sup. to Charter, Ante 32.] 
 
[ 55 ] 
 BOROUGH OFFICERS. 
 
 Clerk, regulators and door-keeper, when appointed. I 
 
 Duty of the clerk. 2 
 
 Duty of the regulators. 3 
 
 Duty of the door-keeper. 4 
 
 All town ofRcers to be sworrv or affirmed — Salaries. 5 
 
 AN ORDINANCE 
 
 Melative to borough officers. 
 Passed 11 fh January^ 1841. 
 
 Section 1. It shall be the duty of the town council annually 
 when they appoint other borough officers, to appoint a clerk to 
 council, three regulators and surveyors of the borough, and a 
 door keeper of the town hall. 
 
 Sect. 2. The clerk to council shall keep a record of the pro- 
 ceedings of council, attest all checks drawn on the treasurer of 
 the borough, and perform such other duties as the said council 
 may from time to time direct. 
 
 Sect. 3. The regulators shall keep a record of every regula- 
 tion, survey or other official act by them done, in a book kept 
 for that purpose, furnished at the expense of the borough, and 
 one days personal notice shall be given to said regulators pre- 
 vious to the time appointed for the performance of any duty 
 required of them. 
 
 Sect. 4. The door keeper shall take charge of the town hall, 
 and keep the same clean and in good order ; provide fire wood 
 and candles necessary for the same at the expense of the bo- 
 rough; open and prepare the hall for all meetings of council and 
 of fire companies, and ring the bell for all such meetings; and 
 for the neglect of any of said duties, he shall pay a fine of One 
 Dollar for the use of the corporation. It shall also be his duty 
 immediately on an alarm of fire, to repair to said hall and ring 
 the bell during such alarm, under pain of forfeiting a penalty 
 of Tiaenty Dollars for the use aforesaid. 
 
 Sect. 5. All town officers appointed under the charter or 
 ordinances of the borough, shall, before they enter on the 
 duties of their respective offices, be sworn or affirmed before a 
 justice of the peace of the county, to support the constitution of 
 the United States and of this state, and to execute the duties of 
 their respective offices of appointment with fidelity. 
 
 The salaries of the officers of the borough shall for the present 
 
[ 56 ] 
 
 year remain as fixed by the existing borough ordinances, and it 
 shall be the duty of the town council at the time when they ap- 
 point the said officers, in each and every year to fix their re- 
 spective salaries for the term of their appointment. 
 
 STREETS AND ALLEYS. 
 A. 
 
 Streets and alleys named. * 
 
 Index boards to be put up— Penalty for breaking or defacing the same. 2 
 
 B. 
 
 Occupiers of lots to have sideways regulated and paved. 1 
 Uniformity of pavements fixed — Kefusal to pave— Duty of street commissioners. 2 
 Outside pavements to be made — Duty of commissioners. 3 
 Outside pavements to be cleansed — Public square to be cleansed by street com- 
 missioners. * 
 Regulators to level and ascertain the height of pavements and curb stones. 5 
 
 AN ORDINANCE 
 
 For naming the streets and alleys of the borough of Carlisle, 
 
 and for other purposes. 
 
 Passed 11 fh January, 1S41. 
 
 Section 1. Be it enacted and ordained by the Town Coun- 
 cil of the Borough of Carlisle, and it is hereby enacted and 
 ordained by the authority of the same, That the streets of 
 the borough shall hereafter be known and designated as fol- 
 lows. The middle or centre street running north and south as 
 HANOVER ; the first street west of Hanover as pitt, and the 
 second as west ; the first street east of Hanover as Bedford, 
 and the second as east ; the middle or centre street running 
 east and west shall be known as high ; the first street north 
 of High as louther, and the second as north ; tlie first street 
 south of High as pomfret, and the second as south. That 
 the alley leading from West street to East street between Lou- 
 ther and North streets shall be known as Locust alley ; the 
 alley leading from west street to the public square between 
 Louther and High streets as Dickinson; the alley leading from 
 West street to the public square between High and Pomfret 
 streets as Church; the alley leading from the public square to 
 East street between High and Louther streets, as Mulberry ; 
 the alley leading from the public square to East street between 
 High and Pomfret sivQeis, ^.b Liberty ; and the alley leading 
 
[ 57 1 
 
 from West to East streets between Pomfret and South street^ 
 as Chapel; and the said names shall hereafter be used m de- 
 scribing them or an}^ of them, in any ordinance or ordinances that 
 may be made respecting them, and the same shall be marked 
 and noted on the plan of the said borough for the use and con- 
 venience of the corporation. 
 
 Sect. 2. It shall be the duty of the high constable, under the 
 dhection of the chief burgess, to cause two index boards to be 
 made, having the name of the street painted thereon, for each 
 of the streets, to wit : High street, Hanover street, Pomfret 
 street, Bedford street, Louther street, Pitt street, North street, 
 South street. West street and East street, and one of said index 
 boards for each of the said alleys, at the expense of the corpora- 
 tion, and shall cause the same to be put up at some conspicuous 
 corner or corners of each of the said streets and alleys, first 
 having obtained the consent of the owner or owners to whose 
 house the same may be attached, and if any person or persons 
 shall throw down, break, injure or deface any of the said index 
 boards, put up as aforesaid, such person or persons so offending 
 shall forfeit and pay to the use of the corporation a sum not 
 exceeding Five Dollars, to be recovered before any justice of 
 the peace of the borough : {Sup. to Charter, Ante 32.] Pro- 
 ■uided, however, that the owner of the house to which the same 
 may be attached, may remove it, having first given ten days 
 written notice to the chief burgess of his intention so to do. 
 
 B. 
 
 AN ORDINANCK 
 
 Directing the manner of paving and cleansing the streets. 
 
 Passed 30th March, 1841. 
 Section 1. Be it ordained and enacted hy the toivn council 
 of the borough of Carlisle, and it is hereby ordained and en- 
 acted by the authority of the same, That the owner or occu- 
 piers of any lot or lots, bounding on any of the streets, lanes or 
 alleys of said borough, which have been regulated and paved, 
 shall, and they are hereby required within six months after the 
 passage of this ordinance, or within nine months after the part 
 of the street which bounds on his, her or their lot or lots, shall 
 be regulated and paved, to call upon the regulators of said bo- 
 rough, to fix and regulate the foot pavements or side walks, 
 along such lot or lots, and shall cause the same to be well paved 
 with brick, or good and sufficient smooth flags, except such part 
 as may be necessary for the passage of wagons or other vehicles 
 
[ 5^ ] 
 
 into said lot or lots, and which said wagon passage shall also he 
 paved in such other sufRcient manner as may he directed or 
 approved of by the said regulators. 
 
 Sect. 2. The regulation of all pavements shall be uniform 
 throughout the town, as well in breadth and extent, as in eleva- 
 tion and declination, viz : in High and Hanover streets, the foot 
 pavements shall extend into said streets twelve feet ; in all the 
 other streets ten feet ; and in all the alleys three feet, and shall 
 be made with sufficient curb stone, so fixed as to form a gutter 
 or passage to carry off the water ; and every owner or occupier 
 of a lot or part of a lot of ground, neglecting or refusing to make 
 and complete the said foot pavements, or causing the same to be 
 made and completed, in the manner and within the period here- 
 inbefore directed and prescribed, shall forfeit and pay a fine of 
 Ttventy Dollars, to the use of the corporation ; and the street 
 commissioners, upon such neglect or refusal, shall make and 
 complete the said pavement, or cause the same to be done, at the 
 expense of the borough in the first instance, to be afterwards re- 
 imbursed by or recovered from the party so offending or refusing. 
 Sect. 3. Every owner or occupier of any lot or lots as afore- 
 said, shall, when necessary, make and finish such sufficient out- 
 side pavements as the regulators may direct and approve of; 
 which said pavements shall extend eight feet in High and Han- 
 over streets, from the curb stone into the street as far as the 
 breadth of said lot or part of a lot may be, and six feet in every 
 other street, and if such be not made within twelve months af- 
 ter the completion of the pavements in the middle of said streets, 
 every person so neglecting shall forfeit and pay a fine of Ten 
 Dollars; and the street commissioners shall proceed in the man- 
 ner hereinbefore stated, to make and finish the said pavements, 
 the cost of which shall be recovered from the party so oflcnding 
 or refusing. 
 
 Sect. 4. It shall be the duty of the owner or occupier of any 
 lot or lots, or parts thereof, situate on the paved streets of the 
 borough, at least twice in every year, that is to say, once in 
 September and once in April, to cause the pavements, outside 
 the curb stones on each side of said streets, to be well scraped 
 and cleaned, each party doing the half of said streets opposite 
 his own lot of ground, as far as the breadth thereof extends, 
 and causing the dirt to be removed within a reasonable 
 period after the same shall have been brought into heaps ; and 
 it shall also be the duty of the owners or occupiers of any lot 
 
[ 59 ] 
 
 OT lots in the other streets, to follow and observe the same re* 
 gulations as soon as the pavements thereof shall be completely- 
 made and finished — -and every person neglecting or refusing to 
 comply with the regulations aforesaid, or any of them, shall 
 pay a fine of Five Dollars for every such offence or default. 
 And it shall likewise be the duty of the street commissioners to 
 employ hands, and cause all pavements which lie within the 
 limits of the public square, to be scraped and cleaned in the 
 manner and at the same periods as mentioned in the first part 
 of this section. 
 
 Sect. 5. It shall be the duty of the street regulators, at such 
 times as may be necessary, to level and ascertain the heights as 
 well of the centre pavements as of the curb stones, in the streets 
 and alleys of the borough, and to fix up marks to enable the 
 inhabitants residing in said streets and alleys to make their 
 pavements and curb stones uniform throughout. 
 
 PARTY WALLS AND BUILDING FOUNDATIONS, 
 
 Duties of regulators and surveyors — No building to be erected until the ground 
 
 is designated by the regulators. 1 
 Foundation of party walls to be fixed by regulators in presence of adjoining 
 
 owners. 2 
 
 Depth of foundation walls fixed. 3 
 
 Their construction regulated. 4 
 
 Reimbursement to first builder. 5 
 
 Log or frame building not to be built nearer to the line than nine inches. 6 
 
 Penalty for building without survey, or deviating therefrom. 7 
 
 Vaults under pavements regulated. S 
 
 AN ORDINANCE 
 
 Mespectlng party ivalls and the foundation of buildings. 
 Passed 3Qth March,. 1841. 
 
 Section 1. Be it ordained and enacted by the town council 
 of the borough of Carlisle, and it is hereby ordained and en- 
 acted by the authority of the same, That it shall be the duty 
 of the regulators or surveyors of said borough, when called on 
 for that purpose by the owner or owners, occupier or occupiers 
 of any lot or lots in said borough, to lay off, ascertain and mark 
 the lines and boundaries of such lot or lots, agreeably to the 
 plan of said borough, and the just rights of all parties interested; 
 and no person or persons shall hereafter build, construct or 
 erect, or cause to be built, constructed or erected, any house or 
 building on any of the streets, lanes or alleys, or adjoining the 
 lot of ground of any other person or persons, before he, she or 
 they shall have his, her or their ground upon which such build. 
 
[ GO ] 
 
 iiig is intended to be erected, designated and marked out by said 
 regulators or surveyors, in the presence of the person or per- 
 sons owning the adjoining lot of ground, or of such executor, 
 guardian or agent, as may have the care and management of the 
 same, unless in cases of non attendance, where ten days written 
 notice hath been given to him, her or them, by the party so 
 intending to build. 
 
 Sect. 2. In case any person or persons intending to build 
 or erect any house or houses, on his, her or their ground, 
 and adjoining the ground of any other person or persons, shall 
 declare and manifest his, her or their intention to construct and 
 make the same wall or walls, of such house or houses to be a 
 party wall or walls between him, her or them, and the person 
 or persons owning the adjoining ground, the person or persons 
 so intending to build, before he, she or they shall commence to 
 break ground in order to prepare the foundation thereof, shall 
 call upon the said regulators or surveyors, to set out and mark 
 the foundation for the same ; and the said regulators or sur- 
 veyors shall lay out the foundations thereof, so that the said 
 party Avail or walls shall stand upon and extend over the line 
 the one half of the thickness of such wall or walls : Provided, 
 that in no case shall more than twelve inches be occupied by 
 such neighbor's wall. ,j9nd provided also, that the regulators 
 shall not proceed to make any regulation, except in the pre- 
 sence of the owner or owners of the adjoining lot of ground, or 
 of such other person or persons as may have the care and 
 management of the same, unless in cases of non attendance, 
 where ten days written notice hath been proved upon him, her 
 or them, by the party intending to build as aforesaid. 
 
 Sect. 3. The foundation of all party walls shall be dug and 
 laid at least seven feet below the surface of the street, if the 
 said street shall have been regulated and pitched by the regula- 
 tors or surveyors ; if not, the said regulators and surveyors shall 
 fix the depth of the said foundation, so that it shall be at least 
 seven feet below the level of the street, where it shall be so re- 
 gulated and pitched. 
 
 Sect. 4. The said party walls shall be constructed and built 
 as follows, to wit : if the whole superstructure shall be built of 
 stone, then from the foundation up to the first floor or tier of 
 joists, the wall shall be two feet in thickness and faced on lioth 
 sides, and from the first floor or tier of joists, the said wall shall 
 be carried up eighteen inches in thickness, leaving an oflset or 
 
E 61 ] 
 
 scarcement of three inches on each side, to support the first tier 
 of joists ; and if the superstructure shall be built of brick, then 
 from the foundation up to the first floor or tier of joists, the 
 walls shall be built of stone, and built twenty inches in thick- 
 ness and faced on both sides, and the brick work from the first 
 floor or tier of joists, shall be fourteen inches in thickness at 
 least, leaving an offset or scarcement of three inches on each 
 side for the first tier of joists to rest upon. 
 
 Sect. 5. The first builder shall be reimbursed one moiety of 
 the expense or charge of such party wall or walls, or of so much 
 thereof as the next builder shall have occasion to make use 
 of before such next builder shall in any wise use or break into 
 any such wall or walls, and the charge and value thereof shall 
 be ascertained and fixed by the said regulators or surveyors, or a 
 majority of them. 
 
 Sect. 6. No person or persons shall hereafter build, construct 
 or erect any house or building of log or frame, nearer to the line 
 of the adjoining lot or ground owned by any other person or 
 persons than nine inches, excepting in case where a stone or 
 brick house or building may have been previously erected on 
 the line of such adjoining lot or lots of ground. 
 
 Sect. 7. If any person or persons shall begin or build any 
 party wall or building, before the place be viewed and directed 
 by the said regulators or surveyors, or a majority of them, or 
 otherwise than the same shall have been set out and directed 
 by the said regulators or surveyors, or a majority of them, ac- 
 cording to the true intent and meaning of this ordinance, every 
 such person or persons, as well employers as master builders, 
 for every such ofl'ence, upon conviction thereof, shall forfeit and 
 pay, to the use of the corporation, the sum of One Hundred 
 Dollars ; and shall moreover, in case of any deviation from 
 the direction of the said regulators, pull down and alter such 
 building and foundation, agreeably to his just rights, as the 
 same shall be directed by the said regulators, under the penalty 
 of Five Hundred Dollars, to be recovered agreeably to law, for 
 the use of the corporation, and shall moreover be liable to such 
 actions at law as any party injured may have a right to main- 
 tain against him, her or them. 
 
 Sect. S. No person or persons shall be permitted to occupy 
 or use any part of the street under the pavement opposite to 
 his, her or their lot, further than the curb stone, by extending 
 into said street any cellar or vault, nor unless the same shall 
 
i: fi^ ] 
 
 be secured by a sufficient arch, to be inspected and approved of 
 by the regulators and street commissioners, or a majority of 
 them, and unless also, the same shall be completely closed with- 
 in the space of two months from the time of breaking ground, 
 under the penalty of Ten Dollars for every such offence, and 
 for every continuance, for one week, a furtlier penalty of Five 
 
 Dollars. 
 
 FENCES. 
 
 Partition fences not to be built without survey by the regulators. 1 
 
 Partj' fences to be built on division line. 2 
 
 Occupiers of adjoining lots to build and keep in repair party fences — Proceed- 
 ings in case of refusal by one. 3 
 AN ORDINANCE 
 
 Relative to Fences. 
 Passed 30th March, 1841. 
 
 Section 1. Be it enacted and ordained by the ton^n council 
 of the borough of Carlisle, and it is hereby enacted and or- 
 dained by the authority of the saine, That no person or persons 
 shall make or erect any fence, or rebuild the same when fallen 
 into decay, upon any of the streets, lanes or alleys within the 
 boimds of this borough, or make or erect any part^^ fence, or 
 rebuild the same when decayed, within said limits, on the line 
 between his, her or their lot of ground, and the lot of ground of 
 any other person or persons, before the same shall have been 
 regulated and marked by the regulators of said borough, or a 
 majority of them, to be called upon for that piu'pose by the per- 
 son or persons proposing and intending to build and erect such 
 fence (unless when the parties adjoining agree to the partition;) 
 and if any person or persons shall build, erect or rebuild any 
 fence, otherwise than as directed by said regulators, such jicrson 
 or persons so offending, upon due conviction. thereol, before any 
 justice of the peace of the borough, shall forfeit and pay to the 
 use of the corporation the sum of Five Dollars for every such of- 
 fence; and shall moreover be obliged to remove the same agreea- 
 bly to such regulation, or pay a fine of One Dollar, to be recover- 
 ed as aforesaid,for every month the same shall remain unmoved. 
 
 Sect. 2. All party fences, made and built of posts and rails, 
 pales or boards, shall be set and fixed upon the line between the 
 owners or occupiers of the adjoining lots; and if the said parti- 
 tion fence shall be made in part of posts and rails, and in part of 
 rails and stakes; such person or persons so making his, her or 
 their part or lialf of the enclosure, shall set and build the same 
 entirely and wholly on his, her or their ground. 
 
[ 63 ] 
 
 Sect. 3. All party fences shall be made and kept in repair in 
 equal portions by the owners or occupiers of said adjoining lots^ 
 and if the owjier or occupier of any adjoining lot shall at any 
 time neglect or refuse to build or repair his, her or their part or 
 portion of such party fence, the adjoining party in interest may 
 give notice thereof in writing to the party thus neglecting or 
 refusing to rebuild or repair the said fence, the notice to be 
 one week in the latter case, and three months in the former; 
 which notice shall be served by the high constable ; and 
 if such person or persons shall refuse or neglect to rebuild 
 or repair his, her or their part of the said fence, it shall and 
 may be lawftd for the party aggrieved, to build or repair 
 the same, and all the cost and expenses which shall accrue in 
 said building or repairing, shall be reimbursed and paid by 
 the party so refusing or neglecting, to the party aggrieved; 
 and said delinquent shall moreover pay a fine of Te7i Dollars 
 to the use of the corporation for every refusal, neglect or omis- 
 sion to comply with any of the provisions or directions herein 
 
 expressed. 
 
 PATROL. 
 
 Burgesses to procure alphabetical lists, and appoint jiatrol. I 
 
 Police to report to Burgesses. 2 
 
 Members to be notified of appointment. — Neglect to serve. 3 
 
 AN ORDINANCE 
 
 To establish a jjatrol. 
 Passed 30f/i March, 1841. 
 Section 1. Be it enacted and ordained by the Toion Coun- 
 cil of the Borough of Carlisle, and it is hereby enacted and 
 ordained by the authority of the same. That it shall be the 
 duty of the burgesses to procure alphabetical lists of the free 
 male inhabitants above the age of twenty-one years, to be made 
 out by the town clerk, and from such list the said burgesses (or 
 either of them in the absence of the other) shall select, as often 
 as may be necessary, a sufficient number of suitable persons to 
 patrol the streets of the borough, from the hour of ten in the 
 evening, until the hotu' of four in the morning; and the board of 
 police thus constituted, are hereby empowered and required to 
 arrest all suspicious and disorderly persons wandering or va- 
 grant in the streets, between the aforesaid hours, and to commit 
 the same to the jail of the county for judicial examination. 
 
 Sect. 2. The board of police shall report to the burgesses or 
 either of them, the occurrences of the night, with the name of 
 
[ 64 ] 
 
 the owner or occupier of any public or private house kept open 
 at unreasonable hours, for the entertainment of idle, irregular 
 and disorderly persons, and the said burgesses are hereby en- 
 joined to take all legal and effectual means for the suppression 
 of such houses and the punishment of the offenders. 
 
 Sect. 3. The burgesses or either of them shall cause the mem 
 hers of the board of police to be duly notified of their appoint- 
 ment, and every person so notified, neglecting to attend and 
 perform his duty, or procuring a sufficient substitute, shall for 
 every such default, pay a fine of Two Dollars for the use of the 
 corporation, unless he can render to the burgesses a satisfactory 
 reason why he should be exonerated. 
 
 FIRE COMPANIES. 
 
 Annual appropriation to be made. 1 
 
 Treasurers of companies to exhibit statement to council, S 
 
 AN ORDINANCE 
 
 Making an annual appropriation to the fire companies. 
 Passed SOtfi March, 1S41. 
 
 Section 1. The president of the town council shall on the se- 
 cond Saturday of October, in each and every year, draw his 
 warrant on the treasurer of the borough, in favor of the respec- 
 tive treasurers of the Union and Cumberland Fire Companies, 
 for the sum of thirty -four dollars each. 
 
 Sect. 2. It shall be the duty of the treasurers of said compa- 
 nies, on the second Saturday in October of each and every year, 
 to exhibit to the town council a statement, showing in what man- 
 ner the appropriation of the preceding year has been expended, 
 under the penalty of forfeiting the appropriation of the ensuing 
 year. 
 
 an ORDINANCE 
 
 Repealing former ordinances. 
 / Passed SO th March, 1841. 
 
 All ordinances passed by the authorities of this borough, pre- 
 vious to the 13th day of November, one thousand eight hun- 
 dred and forty, be and the same are hereby repealed. 
 
 (^j^ By mistake of the engraver, some of the letters and fii:;ures, used in tlie "Original 
 Plan," to designate the courses ami distances of tlic boiiiidary lines, have been diwr- 
 rangcd. They should all be placed so as to indicate that the survey was made ■with 
 the area to the right. The same error is found on the dividing line of E. and F, 
 
 >.