ORDINAWDES 
 
 Borough of Pottsville 
 
 Jf 1864:. % 
 
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 MUNICIPAL 
 
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Digitized by the Internet Archive 
 in 2016 
 
 https://archive.org/details/ordinancesofcorpOOpott 
 

ORDINANCES 
 
 OF 
 
 REMOTE 
 
 THE OOREORATXOlsr 
 
 BOOKST AC K b OmCt. 
 
 OF THE 
 
 BOROUGH OF POTTS YILLE, 
 
 AND THE 
 
 ACTS OF ASSEMBLY RELATING THERETO. 
 
 PUBLISHED BY THE AUTHORITY OF THE COUNCIL. 
 
 POTTSYILLE : 
 
 PRINTED AT THE MINERS’ JOURNAL JOB OFFICE. 
 
 1864. 
 
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Politio&I Sete T,A <* 
 
 ORIGINAL 
 
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 ACT OF INCORPORATION. 
 
 AN ACT 
 
 To erect the town of Pottsville, in the county of Schuylkill, into a borough, &c.— Pam- 
 phlet Laws, 100. 
 
 Sect. 1. Be it enacted by the Senate and House of Representa- 
 tives of the Commonwealth of Pennsylvania in General Assembly 1828. 
 met, and it is hereby enacted by the authority of the'' same, That 
 the town of Pottsville, in the county of Schuylkill, shall be and Pottsville, 
 the same is hereby erected into a borough, which shall be called countyerecL 
 the borough of Pottsville, and shall be comprised within the fol- ed into a bo- 
 lowing boundaries to wit : Beginning at a stone on the bank of the rough ’ 
 Schuylkill canal, thence up the same, north forty-live degrees, west Boundaries, 
 twenty-five perches to a stone, north twenty degrees west, forty- 
 four perches to a stone ; north eleven degrees east, forty-three 
 and a half perches to a stone, north nineteen degrees, east thirty- 
 nine perches to a stone, thence crossing the river Schuylkill, north 
 eighteen degrees, west one hundred and thirty-eight perches to a 
 pine, south sixty degrees, west thirty-nine perches to a stone, north 
 thirty degrees, west thirty-four perches to a spruce, south sixty 
 degrees, west fourteen perches to a spruce, north eleven degrees, 
 west eleven perches to a spruce, south sixty-six degrees, west cross- 
 ing Norwegian creek, seventy-six perches to a small pine, south 
 six and a half degrees, east seventy-six perches to a post, south 
 thirty-seven degrees, west ninety perches to a gum, south six de- 
 grees, west twenty-six perches to a spruce, south thirty-seven de- 
 grees, east three hundred and fifty perches to a post on the Man- 
 heim and Norwegian township line ; thence along the same, north 
 sixty-seven degrees, east one hundred and ninety-five perches to 
 the place of beginning; Provided , That the Schuylkill canal, with proviso re- 
 its appurtenances, shall not be considered as included within the * at * ve S u 
 above described limits, nor shall this act be considered as giving canak 1 
 any jurisdiction or authority whatever, to the borough of Pottsville, 
 in and upon the said Schuylkill canal and its appurtenances. 
 
 Sect. 2. And be it further enacted by the authority aforesaid, 
 
 That it shall and may be lawful for the citizens of said borough, Who may 
 entitled to vote for members of the general assembly, on the first vote ’ 
 Monday of May, in every year, to elect by ballot, two respectable Timeof elec- 
 citizens to be burgesses of the said borough, and that the persou tion - 
 having the greatest number of votes shall be styled the chief bur- 
 gess, and also to elect five suitable persons assistants or common officers to 
 council men, for advising, aiding, and assisting the said burgess i n beelected - 
 the execution of the powers and authorities hereby given to them, 
 and also to elect a high constable and town clerk, who shall be re- 
 sident of the said borough of Pottsville : Provided , That no per-p roV iso. 
 
 0>£3 'xJ (3 /O 
 
4 
 
 Where and 
 how elec- 
 tions shall 
 be held. 
 
 i828. gon shall be entitled to a vote at the election, or to be elected to 
 any of the said offices, unless he shall have been a resident in the 
 said borough of Pottsville, at least one whole year previous to the 
 time of such election. 
 
 Sect. 3. And be it further enacted by the authority aforesaid, 
 That the election for the officers aforesaid shall be held at the house 
 where the general elections are now held in the following manner, 
 to wit: The constable of the township of Norwegian, for the time 
 being, and the high constable, so as aforesaid elected or appointed, 
 in the manner hereinafter mentioned, in every succeeding year 
 shall give notice of such election at least six days before the time 
 appointed for holding the same, by advertisements set up at six or 
 more of the most public places within the said borough, and at the 
 election to be holden the present year, the constable of Norwegian 
 township and two respectable citizens, to be chosen by the electors 
 of the said borough for that purpose, and at every succeeding 
 election the burgesses and assistants, or a majority of them, shall 
 hold the said election, receive and count the ballots and declare the 
 persons duly elected, whereupon duplicate certificates of the per- 
 sons so elected shall be signed in the present year, by the two citi- 
 zens chosen as aforesaid, and in every succeeding year by the 
 burgesses ; one whereof shall be transmitted to the clerk of the 
 court of quarter sessions of the county, and the other filed among 
 the records of the corporation, and at any election as above direct- 
 ed, should the two persons highest in vote for burgesses have an 
 havmg S an S ec l ua ^ number of vo^s, the preference shall be determined by lot, 
 equal num- to be drawn by any justice of the peace of the county, upon ap- 
 ber of votes. p|* cat * on to mac i e by either of the parties, and if it should at 
 any time happen, through neglect, that no election shall be holden 
 w 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 directed to the high constable, to hold an 
 election in manner aforesaid, giving at least six days’ notice of the 
 election, by at least six advertisements set up in the most public 
 places in said borough. 
 
 Sect. 4. And be it further enacted by the authority aforesaid, 
 Powers and That the burgesses and assistants so chosen, or a majority of them, 
 shall have full power and authority to make such ordinances, rules, 
 and regulations, as may be necessary for improving and keeping in 
 order the streets, lanes, and alleys within the said borough, and re- 
 moving nuisances or obstructions therefrom, and the same to annul, 
 alter, or make anew, as occasion may. require. And also to assess, 
 levy, and collect a tax for the said purposes, and shall have all 
 other powers necessary for the well ordering and better government 
 of the said borough. Provided , that the said ordinances, rules, 
 and regulations, shall not be repugnant to the constitution and laws 
 of this commonwealth : And provided also , that no tax shall be 
 laid by them, in any one year, to exceed one cent in the dollar on 
 the valuation of taxable property taken from the last assessment, 
 until the same is agreed by a majority of the electors, at the town 
 
 Proceedings 
 in case no 
 election be 
 held. 
 
 duties of 
 burgesses 
 and assist- 
 ants. 
 
 Proviso. 
 
 Proviso "re- 
 lating to 
 taxes. 
 
meeting assembled for that purpose, called together by the said 1828. 
 burgess and assistants, or by any writ in writing of at least six of 
 the inhabitants of the said borough, duly qualified to elect as afore- 
 said, to the said burgess, who shall require the high constable to 
 give five days’ notice of such intended town meeting, by advertise- 
 ments fixed up in not less than six of the most public places in the 
 said borough, notifying the time, place, and object of the said town 
 meeting, and all taxes which may be assessed or laid within the 
 said borough, shall, as near as the same is practicable, be conform- 
 able to the laws for raising county rates and levies. 
 
 Sect. 5 . And be it further enacted by the authority aforesaid, Corporation 
 That the said burgess and freemen duly qualified to elect as afore- created, 
 said, and their successors, forever hereafter, shall be one body 
 politic and corporate, in and by the name of “ the burgesses and 
 inhabitants of the town of Pottsville, in the county of Schuylkill,” " } e ’ 
 shall have perpetual succession, and they and their successors, by 
 the name of the burgess and inhabitants of the borough of Potts- ^ ^ 
 ville, shall at all times hereafter be persons able and capable in p^vUegea a 
 law to have, get, receive, and possess lands, tenements, rents* 
 liberties, jurisdictions, franchises, and hereditaments, to them and 
 their successors, in fee simple, or for time of lives, life, years, or 
 otherwise, and also goods and chattels and other things of what na- 
 ture or kind soever, and to give, grant, let, sell, and assign the same 
 lands, tenements, hereditaments, goods and chattels, and to do and 
 execute all other things about the same, by the name aforesaid, and 
 they shall forever hereafter be persons able and capable in law to 
 sue and be sued, plead and be impleaded, and answer and to be 
 answered unto, defend and to be defended in all or any Courts, 
 within the Commonwealth, in all manner of actions, suits, com- 
 plaints, pleas, causes, and matters whatsoever, and that it shall and 
 may be lawful to and for the said Burgess and inhabitants afore- 
 said, and their successors, forever hereafter, to have and use one 
 common seal for sealing all business whatever, touching the said 
 corporation, and the same from time to time at their will, to change 
 and alter, and the said burgesses and assistants shall have full 
 power to appoint such other officers’ within the said borough, as 
 shall be necessary to carry into complete effect the provisions of 
 this act. 
 
 Sect. 6. And be it further enacted by the authority aforesaid, 
 
 That if any persofi, an inhabitant of the said borough, and duly fefusing^o 
 qualified to elect as aforesaid, shall be elected to the office of Bur- act as bur- 
 gess, and having notice of his election, shall refuse to undertake ge&fe ‘ 
 and execute that office, every person so refusing, shall forfeit and Penalty for 
 pay a fine of twenty dollars, and if any person duly qualified as refusing to 
 aforesaid shall be duly elected to any other office in the said bo- otherofficer. 
 rough created by this act and having notice of his election, shall 
 refuse to undertake and execute the duties of that office, every 
 person so refusing, shall forfeit and pay the sum of ten dollars, 
 which fines and forfeitures and all others in pursuance of this act, 
 or by the by-laws of the burgesses and inhabitants, shall be re- 
 
6 
 
 1828. covered before any justice of the peace of that county, for the use 
 of the said corporation, and in such case of refusal, the acting 
 burgesses shall issue their process directed to the high constable 
 requiring him to hold an election for the choice of some other fit 
 person or persons in the stead of such as shall refuse : Provided , 
 
 that no person shall be compelled to serve for more than one in any 
 term of five years : And 'provided also , that if any person or per- 
 sons shall conceive him or themselves aggrieved by the judgment 
 of any justice of the peace, by virtue of the oath, he or they may 
 appeal to the next county court of common pleas, who shall on the 
 petition of the party, take such order thereon as to them shall ap- 
 pear just and reasonable, and the same shall be conclusive to both 
 parties. 
 
 Sect. ?. And be it further enacted by the authority aforesaid, 
 That the chief burgesses shall take and subscribe an oath or affir- 
 to "be" under mation before one of the associate judges of the county of Schuyl- 
 oath. kill, £ 0 SU pp 0r t the Constitution of the United States and of this 
 State, and on oath or affirmation well and truly to execute the 
 office of chief burgess of the borough of Pottsville, and when so 
 qualified he shall administer an oath or affirmation to the other 
 burgess, assistants, high constable, and town clerk, in manner and 
 form aforesaid, before they shall enter upon the duties of their re- 
 spective offices. 
 
 Approved — the nineteenth day of February, A. D., one thousand 
 eight hundred and twenty-eight. J. ANDYV. SHULZE. 
 
 Proviso. 
 
 Of appeal. 
 
 Officers of 
 the borough 
 
 AN ACT 
 
 To alter ah act entitled 44 Ah act to erect the town of Pottsville, in the county of Schuyl- 
 kill, into a borough, &c.’*— Pamphlet Laws, 439. 
 
 Sect. 1 . Be it enacted by the Senate and House of Represen ta- 
 1831. tives °f the Commonwealth of Pennsylvania in General Assembly 
 met, and it is hereby enacted by the authority of the same, That 
 the town of Pottsville shall be, and the same is hereby erected 
 into a borough, under the name and title of the “borough of Potts- 
 Name, ville the extent and boundaries* of which shall be as follows : 
 Beginning at a stone, on the west bank of the Schuylkill canal, 
 and in the Manheim township line ; thence up the west branch of 
 Borough said canal, north forty-five degrees, twenty-five jjprches, to a stone ; 
 boundaries, whence north twenty degrees, west forty -four perches, to a stone ; 
 
 thence north eleven degrees, east forty- three and one-half perches, 
 to a stone ; thence north nineteen degrees, east thirty-nine perches, 
 to a stone ; thence north forty-five degrees, east eight and one- 
 half perches, to a stone ; thence north seventy-eight degrees, east 
 eighteen perches, to a stone ; thence north forty-nine degrees, 
 east, passing the canal lock, and over the Schuylkill river, sixty- 
 eight perches, to the mouth of Young’s brook, at what is called 
 the Salem Basin ; thence up said brook, north twenty-one degrees, 
 
 ‘^Boundaries extended. — See supplements XYI and XIX. 
 
i 
 
 \ 
 
 west forty-eight perches, to a stone; thence due north two hundred 1831 . 
 and thirty-eight perches, to a stone ; thence south sixty-eight de- 
 grees west, until a course of south twenty and one-quarter degrees 
 east, will run to the north-westerly corner of the tract of land, 
 known by the name of the “ Physic tract,” the distance supposed 
 to be four hundred and nine perches ; thence south twenty and 
 one-quarter degrees east, passing along the west line of the said 
 “ Physic tract ” to the Manheim township line, the distance sup- 
 posed to be four hundred and fifteen perches ; thence along said 
 township line, north sixty-eight degrees east, two hundred and five 
 perches, more or less, to the place of beginning. 
 
 Sect. 2. And be it further enacted by the authority aforesaid, Qualifies-. 
 That the inhabitants of the said borough, entitled to vote for mem- ^ of VOn 
 bers of the general assembly, [ *and who shall have resided within 
 the same for six months immediately 'preceding such election , and 
 within that time have paid a county or borough tax,] shall have 
 power, on the first Monday in May, in every year, to meet at the Annual elec-, 
 place where the election for members of the general assembly are tion * 
 held, or at such other place within the said borough, as the council 
 by ordinance may direct, and then and there, between the hours of 
 two and eight in the afternoon, elect by ballot, one person for 
 burgess and members of town council, [fa town clerk,] high con- Burgess, 
 stable, [fione assessor and two assistant assessors] for said borough, ^ 
 
 that is to say : at the first election, \§nine persons] qualified to serve constable 
 as members of the House of Representatives of this Common- ^ asses “ 
 wealth, and at each succeeding election, one person for burgess, " " 
 and three persons qualified as aforesaid, for members of the town 
 council ; but previous to the opening of the first [\\or any subsequent 
 election , such of the inhabitants , qualified to vote as aforesaid , who 
 may be present at the place where the election is to be held , shall 
 choose two persons as judges, one as inspector, and two as clerks e lection. ” 
 of the said election ,] which shall be regulated throughout, accord- 
 ing to the general election laws of this Commonwealth, so far as 
 relates to the receiving and counting of the votes ; and the said 
 judges, inspector, and clerks, shall respectively take an oath or 
 affirmation, before a judge or justice of the peace, to perform their 
 respective duties with fidelity and impartiality ; and after the said 
 election shall be closed, they shall declare the persons having the 
 greatest number of votes to be duly elected ; and in case two or 
 more candidates shall have the same number of votes, the prefer- 
 ence shall be determined by lot, drawn in the presence of the said 
 judges and clerks, by the said inspector, after the election shall be 
 closed ; the said judges shall make out a return, under their hands, 
 
 -The part within brackets repealed and supplied by Supplement I, 
 passed May 4, 1832. (See Post.) 
 fSupplied by Supplement XIY. 
 
 ^Supplied by Supplement III, passed March 31, 1836. 
 g Altered and number increased to twelve — see Supplement XIV. 
 ||Supplied by Sec. 14 of General Election Law, passed July 2, 1839. — 
 
8 
 
 1831 . 
 
 Provision 
 for neglect 
 to hold elec- 
 tion. 
 
 Proviso. 
 
 Meeting and 
 classifica- 
 tion of coun- 
 cil. 
 
 President 
 
 council. 
 
 Vacancies 
 how filled 
 
 Burgess and 
 council in- 
 corporated. 
 
 containing the names of the candidates and the number of votes 
 given for each, and deliver the same to the town clerk, whose duty 
 it shall be to give notice in writing within twenty-four hours to the 
 members elected, and hand over the returns to the town council at 
 their first meeting, which returns shall be filed with the papers be- 
 longing to the corporation ; and if it should happen through neg- 
 . lect or otherwise, that no election shall be holden on the day 
 aforesaid, in the manner herein prescribed, the chief burgess, or 
 in case of his neglect, refusal, or inability to act, the president of 
 the council shall issue his precept, directed to the high constable 
 to supply such neglect, giving at least eight days’ notice of such 
 election, by at least six advertisements, set up in the most public 
 places in the borough : Provided , That the members and officers 
 of the corporation shall continue to exercise all the powers and 
 perform all the duties given to and enjoined upon them by this act, 
 until their successors are duly elected or appointed. 
 
 Sect. 3. And be it further enacted by the authority aforesaid, 
 That the said council shall meet on the first Wednesday after their 
 election, to receive and examine the returns of their election ; *and 
 at their first meeting , the members shall divide themselves , by lots , 
 into three classes ; the seats of the first class shall be vacated at 
 the expiration of the first year , of the second class at the expira- 
 tion of the second year , and of the third class at the expiration of 
 the third year , so that one-third may be chosen every year after 
 y the first election ; and the said council shall appoint a president of 
 their board, whose duty it shall be to preside at the meetings of 
 their board, sign all ordinances, to convene the board when occasion 
 may require, and generally to perform such duties as may be en- 
 joined on him by ordinance of council ; f and in case of the absence, 
 neglect of duty, removal from the borough, or other inability to 
 act, the council shall from time to time elect a president pro tem- 
 pore, as occasion may require, who shall exercise the same author- 
 ity and perform the duties that are or may be enjoined on the 
 president ; and the burgess shall be removable for misdemeanor in 
 office, in the same manner that justices of the peace are removable, 
 under the constitution and laws of this Commonwealth ; and in case 
 of the death, resignation, or removal of the chief burgess, or other 
 vacancy in said office, such vacancy shall be filled by a new election 
 for his term of office, within ten days thereafter, by the council. 
 
 Sect. 4. And be it further enacted by the authority aforesaid, 
 That from and after the second Monday in May, A. D., one thou- 
 sand eight hundred and thirty-one, the chief burgess and council, 
 duly elected as aforesaid, and their successors, shall be one body 
 politic and corporate, by the name and style of “ The corporation 
 of the borough of Pottsville and shall have perpetual succession, 
 and be capable in law to have, acquire, receive, hold, and possess, 
 
 *See Supplement XV. 
 
 fThe Council may fill all vacancies in the Council. — See Supplement 
 XIII. 
 
9 
 
 goods and chattels, lands, tenements, rents, franchises, heredita- 1831. 
 meats, jurisdictions, and liberties, to them and their successors, in 
 fee simple, or otherwise ; and also to give, grant, sell, let, and as- 
 sign the same, and shall by the name and style aforesaid to sue 
 and be sued, plead and be impleaded, in any courts of law in this 
 commonwealth, in all manner of actions whatsoever ; and also to 
 have and use one common seal, and the same from time to time at 
 their will to change ; and the said inhabitants may, and shall 
 have hereafter, markets in said borough, forever, on such days, 
 and as many in the week, as the said corporation shall order and 
 direct ; and that all the corporate property and estate whatsoever, 
 of “ The burgesses and inhabitants of the town of Pottsville, in 
 the county of Schuylkill/ 7 is hereby severally and respectively g le of cor 
 vested in u The corporation of the borough of Pottsville/ 7 and poration. 
 their successors in and by this act established, by the name, style, 
 and title aforesaid, to andCor the use of the citizens of the borough 
 of Pottsville, forever ; and until the corporation of the said borough 
 shall be duly organized, the present shall continue in full force and 
 operation. 
 
 Sect. 5. And be it further enacted by the authority aforesaid, 
 
 That if any person, duly elected chief burgess or member of the 
 town council, or appointed or elected town clerk, street commis- 
 sioner, high constable, or other officer, and having received notice Penalty on 
 thereof, shall refuse or neglect to take upon himself the duties of refusal to ac- 
 the said office, or shall neglect or refuse to discharge the same, cept oflice ’ 
 after having taken upon himself the duties of the said office, every 
 person so refusing or neglecting, shall for every such offence, for- 
 feit and pay the sum of twenty dollars, which fine and all others 
 incurred and made payable by this act, or by the acts of the corpo- How recov- 
 ration, shall be adjudged to be paid to the corporation, on convic- propria^ed^ 
 tion before any justice of the peace, resident in the said borough, 
 and when recovered, shall forthwith be paid to the treasurer of the 
 said borough ; and it shall be the duty of all officers of the said 
 borough, on receiving money belonging to the corporation, to pay 
 the same forthwith to the treasurer thereof. 
 
 Sect. 6. And be it further enacted by the authority aforesaid, 
 
 That the members, of the said corporation, high constable, and all^Jsof^- 
 other officers created by this act, shall severally before taking upon cere, 
 themselves the duties of their respective offices, take an oath or 
 affirmation before a judge or justice of the peace of the county of 
 Schuylkill, to support the constitution of the United States, the 
 constitution of the State of Pennsylvania, and to perform the du- 
 ties of their respective offices, with fidelity; certificates of which 
 oaths or affirmations shall be filed among the papers of the corpo- 
 ration. 
 
 Sect. 7. And be it further enacted by the authority aforesaid, 
 
 That it shall be the duty of the said council, five of whom shall be General 
 a quorum, to hold meetings from time to time, as occasion may powers of 
 require ; at which meetings they may revise, repeal, or amend, a ll counci1 ' 
 
 such by-laws and ordinances that have heretofore been made in the 
 o 
 
10 
 
 1831 . borough of Pottsville, which shall have full force and authority until 
 so repealed, and make such other rules and regulations, and enact such 
 other by-laws and ordinances, as shall be determined on by a ma- 
 jority of them, necessary to promote the peace, good order, benefit, 
 and advantage of the said borough, particularly for the providing 
 for the regulation of markets, improving, repairing, keeping in 
 order, and regulating the streets, roads, lanes, and alleys, and re- 
 moving nuisances and obstructions therefrom, regulating the width 
 of porches, steps, cellar doors, or other device that may project into 
 or encroach upon any street, road, lane, alley, or public highway, 
 ascertaining and regulating the depths of vaults, of sinks or pits 
 for necessary houses, and making permanent rules and regulations, 
 relative to the foundation of buildings, party walls, and fences ; 
 they shall have full power and authority to prevent and restrain 
 the exercising or practising of any trade or occupation, the exercise 
 or practice of which shall be dangerous to the health or property 
 of the inhabitants ; they shall have power to impose fines and 
 taxe°s USh penalties, partial and total forfeitures, and also to assess, apportion, 
 and appropriate such taxes as shall be determined by a majority of 
 them, necessary for carrying the said rules and ordinances, from 
 time to time, into complete effect ; and also to appoint street com- 
 missioners, treasurer, and collector, annually, and such other officers 
 of treasurer, as may be necessary, from time to time, and the same officers from 
 collector, ^ime to time, to remove for misconduct, neglect, or misdemeanor in 
 office, excepting the chief burgess, who shall only be removable in 
 the manner herein before prescribed : Provided , That no rules, by- 
 proviso l aws , or ordinances of said corporation, shall be repugnant to the 
 of the by- constitution and laws of the United States, or of this Common- 
 laws. wealth, and that no person shall be punished for a breach of a by- 
 law or ordinance made as aforesaid, until ten days have expired, 
 after the promulgation thereof in at least one newspaper, printed 
 in said borough, or by ten advertisements set up in the most pub- 
 lic places in the said borough. 
 
 Sect. 8. And be it further enacted by the authority aforesaid, 
 That the general borough tax, rates, and levies, assessed, rated, and 
 &c? e cSiec- levied, by the said council, shall not, in any one year, exceed one 
 tionoftax. cen t [ n the dollar on the valuation of the property by the assessor, 
 elected in pursuance of this act ; and it shall be the duty of the 
 assessor and assistant assessors, to be elected as aforesaid, to value, 
 according to the best of their judgments, all property, and rate all 
 single freemen, offices, and professions, within the said borough, 
 made taxable by the law T s of this Commonwealth, and to make out 
 the returns of the said assessment, in such form and within such 
 time, as the council by ordinance shall direct ; and all taxes, rates, 
 and levies, assessed, rated, and levied, by the council, shall be re- 
 covered in the same manner as the county rates and levies in the 
 county of Schuylkill are, or may hereafter be by law recoverable. 
 
 Sect. 9. And be it further enacted by the authority aforesaid, 
 ment^gu't- That the said council shall have full power and authority to pave, 
 ters, &c. form, or lay with brick, hard substances, or gravel, all or any of 
 
11 
 
 the footways and gutters within the borough ; and shall set curb 1831 . 
 stones or posts, to prevent the same from being injured, at such 
 times and in such manner as they by ordinance may direct : Pro- 
 vided , That all and every the owners or owner of property or ground, 
 shall have the privilege of paving the footway on their own front, 
 as aforesaid, provided they have it completed within sixty days, 
 after due notice in writing being given for that purpose by the 
 said council, or any person they may appoint. 
 
 Sect. 10. And be it further enacted by the authority aforesaid, p av i ng 0 r 
 That the said council shall have full power and authority, upon tuynpiking 
 the application of two-thirds of the owners of property or lots, 
 fronting on any street, road, lane, or alley, to pitch and pave, or 
 lay with broken stone and gravel, any such street, road, lane or 
 alley ; and shall tax the property in front of which such street, 
 road, lane, or alley, shall be pitched and paved, or laid with broken 
 stone or gravel, for the expense thereof, in proportion to the ex- 
 tent of the same in front : Provided , That no application as afore- Proviso, 
 said, shall be for less than four hundred feet or more than twelve 
 hundred feet of any street, road, lane, or alley, at one time : 2cl proviso. 
 
 provided farther , That in all applications as aforesaid, the owners 
 of an undivided estate shall be entitled to but one signature ; and 
 that no person, whatever may be the number of lots owned by him, 
 shall be entitled to more than one signature on any such petition. 
 
 Sect. 11. And be it further enacted by the authority aforesaid, Collectk)nof 
 That the said council are hereby authorized to recover the taxes taxes for pa- 
 for pitching and paving, laying with broken stone or gravel, in 
 the same manner that county rates and levies are, or hereafter 
 may be, by law recoverable ; or may institute actions for the re- 
 covery of such taxes or assessments, before any tribunal in the 
 State, having jurisdiction of the amount claimed against the own- 
 er or owners of the property, or their legal representatives, in front 
 of which such pitching and paving, laying with broken stone or 
 gravel, mentioned in the tenth section ofithis act, shall be done ; 
 and the said council shall, and they are hereby authorized to re- interest and 
 cover legal interest from the time of making such assessment, to- commission, 
 gether with a commission of five per cent, for collecting the same. 
 
 Sect. 12. And be it further enacted by the authority aforesaid, 
 
 That the council shall have full power and authority to establish a 
 nightly watch, and lix so many lamps in such part or parts of the' 
 said borough, as from the state of the improvements thereof, may 
 in their discretion be necessary ; and for the more conveniently 
 watching the same, may divide the said borough into districts, as 
 they may think proper: Provided , That when a nighly watch Proviso, 
 shall be established, or lamps fixed in any part or parts of the said 
 borough, the holders of property in such divisions, and they only, 
 shall be assessed with the expense of maintaining the same. 
 
 Sect. 13. And be it further enacted by the authority aforesaid, 
 
 That the said council shall have full pow r er and authority to make 
 
 any by-laws or ordinances, to oblige the owners or occupiers of Fire bucketB 
 
 hoftses, in the said borough, to provide and keep in repair any 
 
12 
 
 1831. number of leather buckets, not exceeding two, to be used only in 
 extinguishing fires. 
 
 Sect. 14. And be it further enacted by the authority aforesaid, 
 Duties and That the chief burgess, elected and qualified agreeably to this act, 
 the Ve Chief or absence, refusal, neglect, or inability to act, the president 
 
 Burgess, of the council is hereby authorized to issue his precept, as often 
 as occasion may require, to the collector, commanding him to col- 
 lect the taxes assessed in pursuance of this act, and the same to 
 pay over to the treasurer ; and the said chief burgess, or in his 
 absence, refusal, neglect, or inability to act, the president of the 
 council is hereby authorized to carry into effect all by-laws and or- 
 dinances, enacted by the council, and whatever else may be en- 
 joined on him or them for the well ordering and good government 
 of the borough ; and all attestations, made by the chief burgess, 
 with the seal of the corporation, shall be good evidence of the acts 
 or things certified ; and for affixing the seal of the borough to any 
 instrument, for other than borough purposes, he shall receive fifty 
 cents. 
 
 Sect. 15. And be it further enacted by the authority aforesaid, 
 Town clerk. That it shall be the duty of the town clerk, to attend all meetings 
 of the town council, when assembled on business of the corpora- 
 tion, and perform the duties of a clerk thereto, and attest, keep, 
 and preserve the records of the corporation; and also to perform 
 all the duties enjoined on him by this act, or by the acts of the 
 corporation. 
 
 Sect. 16. And be it further enacted by the authority aforesaid, 
 Security of That the treasurer shall give sufficient security to the chief bur- 
 treasurer. g egs p or £| ie faithful discharge of the duties of his office, and for 
 the safe delivery of all moneys, books, and accounts, appertaining 
 thereto, into the hands of the successor, upon demand being made 
 for that purpose. 
 
 Sect. 17. And be it further enacted by the authority aforesaid, 
 Election of That there shall annually be elected, by the citizens of the said 
 ad just^c t0 bo ™ugh, qualified to vote as aforesaid, at the time of electing 
 counts. * members of the town council, three citizens as auditors, who shall, 
 within one month after their election, settle and adjust the ac- 
 counts of the several officers of the said borough ; and the said 
 accounts being so settled and adjusted, shall forthwith be pub- 
 lished by the corporation, showing particularly the amount of taxes 
 assessed and collected, and of all moneys paid into the treasury, 
 and the amount of and items of expenditure. 
 
 [*Sect» 18. And be it further enacted by the authority afore- 
 Cotirtof said) That the chief burgess and two inhabitants, qualified to vote 
 appeal. f or members of the town council, to be appointed by a majority of 
 the council for that purpose, 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 the time 
 Proviso. and place of ajppeal : Provided , That the said court of appeal shall 
 
 *Tliis Section supplied by Supplement III. 
 
13 
 
 have no other power, than to determine the justness of the appor- 1831. 
 tionment of the said tax, and to remedy any grievance that may^^ d re “ 
 occur in^mposing the same.] 
 
 Sect. 19. And be it further enacted by the authority aforesaid, compensa- 
 That the judges, inspector, and clerks of the election of borough 
 officers, shall be allowed each seventy-five cents per day for their er officers, 
 services in holding their said election ; and the council shall fix 
 the compensation of such officers as shall be appointed or elected 
 under this act or the acts of the corporation, which compensation 
 shall be paid out of the borough treasury, by orders drawn on the 
 treasurer, at such times and in such manner as the council by or- 
 dinance may direct. 
 
 Sect. 20. And be it further enacted by the authority aforesaid, streets^ 
 That from and after the passing of this act, all streets, lanes, and decfared*’ 
 alleys, within the said borough, opened or laid out, or drawn or highways* 
 marked, or plans or plots, by those persons who have laid out ad- 
 ditions to the original plan or plot of the town of Pottsville, as 
 public streets, roads, lanes, and alleys, shall be deemed and consid- 
 ered public highways. 
 
 Sect. 21. And be it further enacted by the authority aforesaid, Plans of w 
 That the said council, so soon as the same can conveniently be rough to be 
 done, shall cause an accurate survey to be made of the streets, madc * 
 lanes, and alleys within the said borough, and When the survey 
 shall be completed, shall cause two drafts or plans to be made 
 thereof, to be made with every explanation necessary to the full 
 understanding of the same, one of which said plans shall be deposi- 
 ted in the office of the clerk of the court of quarter sessions of the 
 county of Schuylkill, for public inspection and examination, and 
 the other to be kept with the papers of the corporation ; and it 
 shall be the duty of the chief burgess, to give notice in all news- 
 papers printed in the borough, that the said survey and plans are 
 completed, and that on a certain day, to be appointed, the council 
 will hear any objection that may be made thereto, and the place 
 where the said drafts are deposited for examination, and the said 
 council shall at the time appointed adjudge and determine wheth- 
 er any and what alterations shall be made therein, and shall direct 
 one of the said drafts or plans, authenticated by the chief burgess 
 and town clerk, under the seal of the corporation, to be recorded de ~ 
 in the office for recording deeds, in and for the county of Schuyl- 
 kill ; and the said survey and drafts so made and authenticated, 
 shall from thenceforth be deemed conclusive as to the courses, 
 widths, and lengths of the streets, roads, lanes, and alleys, in the 
 said drafts, laid down and marked as public streets, roads, lanes, 
 and alleys, shall be deemed and considered from thenceforth pub- 
 lic highways, and the said drafts so made and recorded, shall re- 
 main unalterable. 
 
 Sect. 22. And be it further enacted by the authority aforesaid, Notice of 
 That it shall be the duty of the high constable, to give notice 0 f electlon8 * 
 the annual elections of the said borough, by setting up advertise- 
 ments in eight of the most public places in the said borough, ten 
 
14 
 
 . 1831 . 
 
 Duties of 
 high consta- 
 ble. 
 
 Proviso. 
 Publication 
 of first elec- 
 tion. 
 
 Appeal 
 persons ag- 
 grieved to 
 court of 
 quarter ses- 
 sions. 
 
 Election of 
 constables. 
 
 Appoint- 
 ment of po- 
 lice officers. 
 
 days previously thereto ; he shall attend and see that the same is 
 opened at the time and in the manner directed in this act; and it 
 shall and may be lawful for the said high constable to perform all 
 the duties and exercise all the authorities of the constables of the 
 several townships of this commonwealth, within the said borough, 
 and generally to do, execute, and perform whatever else may be 
 enjoined on him by the council ; and the said high constable shall 
 be entitled to the same fees for the same services that are by law 
 allowed to other constables : Provided , it shall be the duty of the 
 present high constable, to publish and superintend, in like man- 
 ner, the election to be held on the first Monday in May, A. D., 
 one thousand- eight hundred and thirty-one. 
 
 Sect. 23. And be it further enacted by the authority aforesaid, 
 That the inhabitants of the said borough and all persons holding 
 property therein, shall be competent witnesses in all actions arising 
 under this act, or the laws or ordinances of the corporation ; and 
 if any persons shall think themselves aggrieved by any thing done 
 in pursuance of this act, or of the by-laws or ordinances of the cor- 
 poration, they may appeal to the next court of quarter sessions, to 
 be held for the county of Schuylkill, upon giving security to pros- 
 ecute such appeal with effect ; and the said court having taken 
 such order thereon as to them shall seem just and reasonable, the 
 same shall be conclusive against all parties. 
 
 [*Sect. 24. And be it further enacted by the authority aforesaid, 
 That it shall and may be lawful for the inhabitants of the said bo- 
 rough, entitled to vote for members of the town council, at the 
 same time and under the same regulations as constables in the 
 several townships are now by law elected, to elect four suitable 
 persons as constables, in manner following, viz : the inhabitants 
 residing east of Centre street or Centre turnpike, in the said bor- 
 ough, shall elect two, and the inhabitants residing to the west of 
 Centre street or Centre turnpike aforesaid, shall elect two; the 
 said constables to reside in the divisions for which they are res- 
 pectively elected, and to return the names of the persons so elect- 
 ed to the next court of quarter sessions of the county of Schuyl- 
 kill ; and the said court shall appoint two of them, one from the 
 returns of each division, one to be constable of the eastern divi- 
 sion, and one to be constable of the western division of the said 
 borough,] 
 
 Sect. 25. And be it further enacted by the authority aforesaid, 
 That the said council shall, whenever the same may appear to them 
 necessary, appoint a sufficient number of persons as police officers, 
 to keep the peace of the borough, who, during the time of their 
 appointment, shall be invested with the same authority and enti- 
 tled to the same privileges, emoluments, and fees, as the consta- 
 bles of the said borough are, or shall hereafter be invested with, 
 or be entitled to by law. 
 
 *This Section repealed, and supplied Supplements TV, YIII, XII, 
 and XY. 
 
15 
 
 [*Sect. 26. And be it further enacted by the authority aforesaid, 1831. 
 That the inhabitants of the said borough, entitled to vote for mem- oversSrs°of 
 bers of the town council, shall elect, at the same time and under the poor, 
 the same regulations as overseers of poor of the several townships 
 of the county of Schuylkill are now by law elected, two persons 
 for overseers of the poor of the said borough, who shall have the 
 same powers and privileges, perform the same duties, and be sub- 
 ject to the same penalties as are now or may be given to, or en- 
 joined or imposed upon the overseers of the poor of the several 
 townships of the county of Schuylkill, and shall render their ac- 
 count annually to the town council.] 
 
 Sect. 27. And be it further enacted by the authority aforesaid, 
 
 That the citizens of the said borough shall be exempted from pay- Exemption 
 ing all road [or poor] taxes to the township of Norwegian, for pro- 
 perty within the limits of the* said borough, that may be assessed taxes™' 1 
 after the passing of this act. 
 
 Sect. 28. And be it further enacted by the authority aforesaid, 
 
 That so much of any other act as is hereby altered or supplied, be dause hn “ 
 and the same is hereby repealed. 
 
 Sect. 29. And be it further enacted by the authority aforesaid, 
 
 That this act and the powers and authorities herein vested in the ^be^ffpct- 
 said borough, shall not be impaired, affected, defeated, or destroyed ed by ‘ ne- 
 by any neglect or omission, to elect or appoint all or any of its of- glect 
 ficers at the times allotted for the same. 
 
 Approved— the fourth day of April, one thousand eight hundred 
 and thirty-one. GEO. WOLF. 
 
 I. SUPPLEMENT. 
 
 1832 
 
 Act of May 4, 1S32. Pamphlet Laws, 477. 
 
 Sect. 14. And be it further enacted by the authority aforesaid, 
 
 That the inhabitants of the borough of Pottsville, entitled to vote QuaHfica- 
 for members of the general assembly, who shall have resided with- nons ofVo- 
 in the said borough for one year immediately preceding such eiecUons°in 
 election, and within that time have paid a borough or county tax, Pottsyille - 
 which shall have been assessed at least six months preceding such 
 election, shall be entitled to vote at all borough elections, and that 
 so much of any act as is hereby altered or supplied, be and the 
 same is hereby repealed. 
 
 II. SUPPLEMENT. 
 
 1834. 
 
 Act of Feb. 27, 1S34. Pamphlet Laws, 91. 
 
 Sect. 1. Be it enacted, &c., That it shall and maybe lawful for 
 the town council of the borough of Pottsville, in the county ofLaymgatax 
 Schuylkill, and they are hereby authorized and required to assess on d ° S8, 
 
 *This Section, and so much of Section 27 as relates to poor taxes, was 
 repealed, and supplied by the Act providing for the erection of a Poor 
 House for Schuylkill County, passed April 4, 1831, F. L., 422. 
 
16 
 
 1834 . and collect annually, on each and every dog and bitch owned or 
 kept by any citizen or inhabitant of said borough, a tax to any 
 amount not exceeding one dollar for the first dog or bitch kept or 
 owned by any citizen or inhabitant of said borough, and not ex- 
 ceeding two dollars a head for the second dog or bitch, and so in 
 proportion to the number kept by each inhabitant or citizen of 
 said borough, they may deem expedient and proper, for the use of 
 the said corporation of the borough of Pottsviile aforesaid. 
 
 1836# III. SUPPLEMENT. 
 
 Act of March 31, 1836. Pamphlet Laws, 327. 
 
 Sect. 1. Be it enacted, &c., That from and after the passage of 
 Duplicate Of act > town counc ^ of the borough of Pottsviile, in the 
 taxes. county of Schuylkill, are authorized and directed to make their 
 duplicate for borough taxes, from the assessment and valuation 
 made on property within said borough for county rates and levies. 
 
 IY. SUPPLEMENT. 
 
 1840 . 
 
 Act of February 13, 1840. Pamphlet Laws, 43. 
 
 Pottsvfuedi Sect. 9, That the borough of Pottsviile, Schuylkill county, be 
 vided into and the same is hereby divided into two separate wards, in man - 
 two wards; ner f 0 n 0W i n g to wit : All that part of said borough north of Nor- 
 North ward, wegian street, to compose one ward, to be called u North Ward 
 
 the elections for which to be held at the public house of Nathaniel 
 J. Mills; and all that part of said borough on the south side of 
 South ward, said Norwegian street, to compose the other ward, to be called 
 “ South Ward the elections to be held at the White Horse 
 Hotel. 
 
 To elect two Sect. 10. Each of said wards shall elect two justices of the 
 justices. peace, with the right to increase the same, whenever the inhabi- 
 tants of said wards respectively shall determine said increase to be 
 necessary, agreeably to the provisions of the constitution ; and 
 Each ward each of said wards shall respectively elect one constable ; said elec- 
 constabie? 6 tions to be held at the same time and in the same manner as town- 
 ship elections are directed to be held throughout this common- 
 wealth. 
 
 1840 V. SUPPLEMENT. 
 
 Act of April 23, 1840. Pamphlet Laws, 4GG. 
 
 Town coun- Sect. 1. Be it enacted, &c., That the town council of the bo- 
 late°streets rou gh of Pottsviile, shall have full power and authority to pass or- 
 and set curb dinances, rules, and regulations, to regulate, grade, cut down, fill 
 up, pave, and repave, curb and recurb, form and make all and 
 every the footways, sidewalks and gutters in the streets, lanes, and 
 alleys of the said borough, at such times and in such manner as 
 
17 
 
 they by ordinances may direct, and the said ordinances to execute, 1840 . 
 under the direction of such person or persons as they may appoint, 
 and shall tax the property in front of which such foot-ways, side- 
 walks and gutters shall be made, paved and curbed, with the ex- 
 pense thereof, in proportion to the extent of the same in front, Lien, 
 which shall be a lien thereon until paid : Provided , That the Pr0Yig0 
 owners of property in front of which such foot-ways, side-walks 
 and gutters, are directed to be made as aforesaid, shall have the 
 privilege of making the same on their own front as aforesaid, 
 within sixty days after the publication of the ordinance requiring 
 the same to be done, in one or more newspapers printed in the 
 said borough, and the service of a notice in writing personally, or 
 left at the place of abode of such owner, if a resident of the bo- 
 rough : [ And provided, That no person shall be compelled to pave 2 d Proviso, 
 any footway to a greater width than five feet in front of any vacant 
 lot.] \_The pjart within brackets repealed as to Centre street . *] 
 
 Sect. 2. That the corporation of the borough aforesaid, shall Expenses of 
 and may recover the expenses of cutting down, filling up, grading, how 1 recov-' ■ 
 paving, repaving, curbing and recurbing, as aforesaid, of and from ered. 
 the owners of the property in front of which the same may be 
 done, before any justice of the peace or any court having jurisdic- 
 tion, in the same manner as debts of like amount are by law re- 
 coverable, or may file a lien for the same, and proceed for the re- May file lien, 
 covery thereof in the manner set forth in the act relating to the 
 liens of mechanics and others, passed June sixteen, one thousand 
 eight hundred and thirty-six, the provisions of which are hereby 
 extended to the work done under this act. 
 
 [■(■Sect. 3. That from and after the passage of this act, the quali- 
 fied voters of the said borough shall, at the annual election for ^ors to P be 
 charter officers, elect two supervisors, one for each ward thereof, elected, 
 who shall hold office for one year, and all former powers delegated 
 to the borough council for appointing the same are hereby with- 
 drawn and annulled.] 
 
 VI. SUPPLEMENT. 
 
 Act of June 13, 1S10. Pamphlet Laws, 682. 
 
 1840 . 
 
 Sect. 2. That the burgess and town council of the boroughs of Lock . up 
 Pottsville and Minersville, in the county of Schuylkill, be author- houses in 
 ized to build and erect, or provide and support, suitable buildings Minersville* 
 in or contiguous to the said boroughs, to be used as lock-up hou- 
 ses, or places of security, for .the temporary detention of persons 
 committed by a justice of the peace of the said county, for any 
 
 *Act of April 19, 1856; P. L. 464. Sec. 1. That the second pro- 
 viso of the first section of the Act of the twenty-eighth of April, 
 one thousand eight hundred and forty, relative to said borough, and which 
 provides that no person shall be compelled to pave any footway to a 
 greater width than five feet in front of any vacant lot, be and the same 
 is hereby repealed, so far as relates to Centre street in said borough. 
 
 •(•Repealed by Act of April 7, 1848, Section 5. See page 19, in note. 
 
18 
 
 1840 . 
 
 . Proviso. 
 1842 . 
 
 1844 . 
 
 Pottsville 
 
 borough. 
 
 1844 . 
 
 Duties of 
 treasurer. 
 
 1844 . 
 
 violation of the laws of the commonwealth, for which such person 
 or persons could lawfully be committed to the common prison, 
 there to remain and be kept until such offender can be conve- 
 niently conveyed to the county prison, or until he be discharged 
 according to law : Provided , That no person committed by a jus- 
 tice of the peace shall be confined in said house for a longer pe- 
 riod than twenty-four hours. 
 
 VII. SUPPLEMENT. 
 
 Act of July 16, 1842. Pamphlet Laws, 38T. 
 
 Sect. 46. That hereafter there shall be an election held in each 
 ward, for borough officers, for the borough of Pottsville, in the 
 county of Schuylkill, at the same places named in an act passed 
 the thirteenth day of February, one thousand eight hundred and 
 forty, relative to said borough. 
 
 VIII. SUPPLEMENT. 
 
 Act of March 9, 1844. Pamphlet Laws, 78. 
 
 Sect. 37. That the North ward in the borough of Pottsville, in 
 the county of Schuylkill, shall be divided into two wards; and 
 that Centre street, in said borough, shall be the dividing line ; the 
 ward lying eastwardly of Centre street, shall be called the North- 
 east ward ; and the ward lying westwardly of said Centre street 
 shall be called the North-west ward. (The qualified electors of the 
 North-east ward shall hold their general elections at the house now 
 occupied by Maximilian Dorflinger ; and the qualified electors of 
 the North-west w T ard shall hold their elections at the house now 
 occupied by Nathaniel J. Mills.*) 
 
 IX. SUPPLEMENT. 
 
 Act of March 14, 1844. Pamphlet Laws, 110. 
 
 Sect. 2. That it shall and may be lawful for the electors of 
 every township and borough in the counties of Schuylkill and 
 Northumberland, annually, at the time and place of electing su- 
 pervisors, to elect a township or borough treasurer, who shall give 
 such bond, and perform such duties, and be subject to the like 
 penalties, as are provided for in the ninety-fifth, ninety-sixth, 
 ninety-seventh and ninety-eighth sections of the act of fifteenth of 
 April, one thousand eight hundred and thirty-four, entitled “An 
 Act relating to counties and townships, and county and township 
 officers.” 
 
 X. SUPPLEMENT. 
 
 Act of April 26, 1844. Pamphlet Laws, 410. 
 
 Sect. 6. That the time for holding the borough elections in the 
 borough of Pottsville, shall be on the days now fixed by law, and 
 
 *See page 19 in note. 
 
19 
 
 the polls shall be opened between the hours of eight and ten o’- 1844. 
 
 clock in the morning, and close at seven o’clock in the evening ; Elections, 
 and it shall be the duty of the judges and inspectors elected at the borough 6 
 March elections next preceding the borough elections, to officiate 
 as the officers of the respective wards for which they shall have 
 been so elected at the borough elections, except that the judges 
 and inspectors elected for the North west ward, as aforesaid, shall 
 officiate as the officers of borough elections held in and for the 
 North ward, in said borough. 
 
 XI. SUPPLEMENT. 1844. 
 
 Act of May 8, 1S44. Pamphlet Laws, 578. 
 
 Sect. 50. That the time for holding the borough elections in Schuylkill, 
 the borough of Pottsville, in the county of Schuylkill, shall be on Pottsville 
 the days now fixed by law, and the polls shall be opened between oroug 
 the hours of eight and ten o’clock in the morning, and close at 
 seven o’clock in the evening; [and it shall be the duty of the 
 judges and inspectors elected at the March elections next prece- 
 ding the borough elections, to serve as the officers of the respect- 
 ive wards for which they shall have been so elected at the borough 
 elections, except that the judges and inspectors elected for the 
 North-west ward, as aforesaid, shall serve as the officers of the bor- 
 ough elections held in and for the North ward, in said borough.] 
 
 XII. SUPPLEMENT. 1845. 
 
 Act of February 9, 1S45. Pamphlet Laws, 50. 
 
 Sect. 1. Be it enacted , &c., That the qualified electors of the 
 North-east and North-west wards of the borough of Pottsville, 
 shall, respectively, be entitled to choose two justices of the peace Justiceg 
 and one constable, for their respective wards, in manner provided 
 by law; (and that all elections for the North-west ward shall be 
 held at the house now occupied by Nathaniel J. Mills,*) and all 
 elections for the North-east ward shall be held at the house now 
 occupied by Maximilian Doerflinger.f 
 
 Sect. 2. That the qualified electors of the respective wards, 
 boroughs and townships of the county of Schuylkill, shall hold Elect < iong * 
 their annual elections, for the election of constables, justices of 
 the peace, assessors, supervisors, and all other officers for such 
 wards, boroughs, and townships, respectively, except the election 
 of such officers whose elections are provided for by the several acts 
 incorporating said boroughs, and their supplements, on the fourth 
 Friday of February instant, and on the third Friday of February 
 annually hereafter. 
 
 * x 'Act of January 29, 1850; P. L. 26. Sec. 6. That the qualified vo- 
 ters of the North East Ward of the Borough of Pottsville, in the County 
 of Schuylkill, shall hereafter hold their General and Ward elections at 
 the house of Patrick Curry, in said Ward. 
 
 f Act of February 10, 1851; P. L. 43. Sec. 35. The qualified voters 
 of the North West Ward shall hereafter hold their Ward and General 
 elections at the public house now occupied by George Betz, in said Ward. 
 
20 
 
 [*Sect. 3. That the qualified electors of each ward of the bor- 
 ough of Pottsvilie, shall hereafter, at the times and places of hold- 
 ing their borough elections, elect one supervisor for each ward re- 
 spectively ; and it shall be the duty of the supervisors so elected, 
 to superintend and attend to the opening, widening, and repairing 
 of the public streets and highways of said borough, in the respec- 
 tive wards for which said supervisors shall be elected, under the 
 directions of the street committee ; and so much of all former laws, 
 inconsistent with the provisions of this section be and the same is 
 hereby repealed.] 
 
 Sect. 4. That whenever a vacancy occurs in the town council 
 of the borough of Pottsvilie, occasioned by the death, resignation, 
 refusal to act, removal from the borough, of any of the members 
 thereof, the council, at the next stated or any subsequent stated 
 meeting thereafter, may fill such vacancy or vacancies, by the elec- 
 tion of any qualified citizen or citizens, who shall remain in office 
 until the next annual election for borough officers, when the qual- 
 ified voters of the said borough shall elect a sufficient number of 
 qualified citizens for the unexpired terms of such members whose 
 places were thus supplied by an election of the council. 
 
 XIII. SUPPLEMENT. 
 
 Act of April 10th, 1849. Pamphlet Laws, 396. 
 
 Sect. 1. Be it enacted, &c., That from and after the passage of 
 bi? to°give " this act the high constable of the borough of Pottsvilie before en- 
 bond. tering upon the duties of his office, shall give a bond in the sum 
 of not less than five hundred, nor more than three thousand dol- 
 lars, as the court of quarter sessions of the county of Schuylkill 
 shall direct, which bond shall be taken by the clerk of said 
 court in the name of the Commonwealth, with condition for the 
 just and faithful discharge by said constable of the duties of his 
 office, and such bond shall be held in trust for the benefit of all 
 persons who may sustain injury from him in his official capacity by 
 reason of neglect of duty, and for the like purposes and uses as 
 Sheriffs’ bonds are given and hel,d. 
 
 1850. XIY. SUPPLEMENT. 
 
 Act of March 11. 1850. Pamphlet Laws, 140. 
 
 Corporation Sect. 1. Be it enacted, &c., That the town council of the cor- 
 may borrow poration of the borough of Pottsvilie, be and they are hereby au- 
 thonzed and empowered to borrow any sum or sums of money not 
 exceeding in the whole twenty thousand dollars, which they may 
 deem necessary, for the purpose of liquidating the debt of said bor- 
 ough, paving and curbing the streets, lanes, and alleys thereof, as 
 
 ■^Repealed. - Act of April 7, 1848 ; P. L., 365. Sec. 5. That all laws 
 relating to the election of Supervisors in the borough of Pottsvilie, in 
 Schuylkill county, be and the same are hereby repealed. 
 
 *v 
 
 1845. 
 
 Election of 
 supervisors. 
 
 Councils 
 may fill va- 
 cancies. 
 
 1849. 
 
21 
 
 well as to pay for the erection of the market house in said borough, 1850 , 
 or for other necessary borough purposes, in the name and upon the 
 faith, credit, and responsibility, of the corporation of the borough 
 of Pottsville aforesaid ; to issue certificate of such loan or loans to 
 the holders thereof, in sums not less than one hundred dollars 
 each, and to make such provision out of the taxes of said borough, 
 from time to time, as may be necessary to pay the interest upon 
 such loan or loans, as to redeem the principal at such times and in 
 such manner as may be conformable to the terms upon which the 
 same may be taken. # 
 
 Sect. 2. The several justices of the peace of the corporation of Actions for 
 the borough of Pottsville shall have power to hear and determine all pena ies * 
 actions for the breach of any regulation contained in the charter 
 of said borough ordinance or by-law of said corporation ; and the 
 proper remedy for the recovery of any penalty or for the breach of 
 any regulation or ordinance or by-law as aforesaid, shall be by ac- 
 tion for debt, to be proceeded in the same manner, and subject to 
 the same rights as to bail and appeal, as debts of like amount are 
 by the laws of this Commonwealth recoverable, anything in said 
 charter to the contrary notwithstanding. 
 
 Sect. 3. That so much of any act as is hereby altered or sup- RepeaI 
 plied, be and the same is hereby repealed. 
 
 XV. SUPPLEMENT. 1852, 
 
 Act of April 1, 1852. Pamphlet Laws, 155. 
 
 Sect. 16. That the President, members of the town council, and 
 of the board of School Directors of the district, of the corporation 
 of the borough of Pottsville, shall continue in office until the next 
 borough election, to be held for said borough, and no longer ; and council re- 
 that thereafter the town council and the board of school directors organized, 
 shall consist of twelve members each, and that each ward in said 
 borough shall respectively be entitled to elect three members of 
 the town council, and three members of the school board at the 
 next election, as aforesaid ; one of each to serve for one year, one 
 of each to serve for two years, and one of each to serve for three 
 years; and that annually after the next borough election, as afore- 
 said, each ward shall elect one member of the town council and 
 one member of the board of school directors, as aforesaid, each to 
 serve for three years, and that hereafter, in lieu of the mode now t 0W11 c]erk 
 provided for electing the town clerk for said borough, he shall be £° ^councii^ 
 elected annually, by the town council, at the next stated meeting y ounci ’ 
 after the borough election. 
 
 XVI. SUPPLEMENT. 
 
 Act of February 6, 1852. Pamphlet Laws, 37. 1852 . 
 
 Sect. 14. That from and after the passage of this Act, so much 
 of the North ward of the borough of Pottsville, in the County of 
 Schuylkill, described and bounded as follows : Northwardly by 
 
 ♦ 
 
22 
 
 1852. High street, Eastwardly by Second street, Southwardly by Norwe- 
 gian street, and Westwardly by the borough line, shall form anew 
 created Wmd war d> to ca ^ e( ^ the Middle ward, and all elections shall hereaf- 
 
 ter be held at the public house now owned by John McBarron, 
 and known as the Bed Lion Hotel, in said ward. 
 
 1859 XVII. SUPPLEMENT. 
 
 Act of Febrnary 26, 1859. Pamphlet Laws, T9. 
 
 Sect. 1. Be it enacted by the Senate and House of Represen- 
 tatives of the Commonwealth of Pennsylvania in General Assem- 
 bly met, and it is hereby enacted by the authority of the same, 
 Boundaries That the lines of the borough of Pottsville in the County of Schuyl- 
 ofthebor- kill be, and hereby are extended, so as to embrace within the lim- 
 ded. its of the said borough, all that part of Norwegian township in 
 said county, beginning at a post, the present north-west corner of 
 said borough, thence along the western line of a tract of land 
 known as the navigation tract, north nineteen and. three-quarters 
 degrees west, eleven hundred and eight feet to a post and stones ; 
 thence by the land of R. M. and L. Lewis, and the North Amer- 
 ica Coal Company, north seventy degrees east, thirty-three hundred 
 and twelve feet to a stone ; thence south twenty degrees east, three 
 hundred and fifty-eight feet to a stone; thence north seventy de- 
 grees east, twenty-one hundred and ninety-one feet to a stone; 
 thence south one and one-half degrees east, eight hundred and 
 twenty-two feet to the crossing of the present north line of said 
 borough; thence along said line to the place of beginning. 
 
 Sect. 2. That all that portion of the above described part of 
 Norwegian township, lying west of the Centre turnpike road, be, 
 Annexed to and is hereby annexed to, and hereafter shall constitute a part of 
 N.w. ward. ^h e North-west ward of said borough; and all that portion lying 
 east of said road, be, and is hereby annexed to, and hereafter shall 
 ' war * constitute a part of the North-east ward of said borough. 
 
 Sect. 3. That the part of Norwegian township above described, 
 shall hereafter constitute a part of the School district of the bor- 
 ough of Pottsville. 
 
 Sect. 4. That the streets, lanes, and alleys, in the said above 
 described part of Norwegian township, laid out and marked upon 
 streets dc ^he or draft tbe Norwegian addition to the borough of 
 dared high- Pottsville, recorded in the office for recording deeds, et cetera, in 
 ways ’ and for the said county of Schuylkill, in town plot and draft book 
 number one, on the twelfth day of January, Anno Domini, one 
 thousand eight hundred and fifty-six, be and the same is hereby 
 declared to be public highways, and to be subject to the laws reg- 
 lating public roads. 
 
 1859. 
 
 XVI II. SUPPLEMENT. 
 
 Act of April 11, 1859. Pamphlet Laws, 439. 
 
 Sect. 1. Be it enacted, &c., That the Town Council of the bor- 
 
ough of Pottsville may hereafter appoint a collector of taxes for 1859. 
 each ward of the borough, or may appoint one collector for two or collector, 
 more wards, or one collector for the whole borough, as the council 
 may determine as best adapted to promote the public interest. 
 
 Sect. 2. That in all cases where pavements or gutters have been Pavementg 
 made, or may hereafter be made in the said borough, and have be- 
 come, or may become out of repair, if the owner, tenant, or occu- 
 pier of the premises in front of which such pavements or gutters 
 are or may be out of repair, shall neglect or refuse to amend or 
 repair the same within ten days after notice given to such owner, 
 tenant, or occupier, and also in all cases where the owner, tenant, 
 or occupier, of lots in the said borough in front of which the side 
 walks are not paved or curbed, shall neglect or refuse to curb and 
 pave the same within sixty days after notice given to such owner, 
 tenant, or occupier, the town council may have such pavements or 
 gutters duly amended or repaired, and said side walks paved and Lien may be 
 curbed, and the expense thereof shall be a lien upon the lot in filed * 
 front of which the same may be done, until paid, and the amount 
 thereof, with legal interest, may be collected as mechanics' liens 
 are collected under existing laws ; in all cases where the tenant or 
 occupier of the premises shall pave, curb, amend and repair, such 
 pavements, side walks, or gutters, upon notice as aforesaid, or who 
 shall pay the expense thereof when done by the town council, as 
 aforesaid, may set off the amount thereof against the claim of the 
 landlord or owner, for the rent or occupation of the premises, in 
 the same manner as taxes paid by the tenant can now be set off. 
 
 XIX. SUPPLEMENT. i 860 . 
 
 Act of March 6, 1SG0. Pamphlet Laws, 119. 
 
 Sect: 1. Be it enacted, &c., That in all cases in which the cor- 
 poration of the borough of Pottsville may cause curb stones to be Curbstones * 
 set, side walks cut down or filled up, or pavements or gutters made 
 or repaired, after notice to the owner or occupier of the premises PavementsL 
 in front of which such work may be done as provided by law, the 
 said corporation may in addition to the cost of such work recover 
 twenty per cent, on the cost thereof, in the manner in which the 
 cost of such work is now recoverable. 
 
 Sect. 2. In addition to the remedies now provided by law, the Costofpave .. 
 corporation of the borough of Pottsville may recover the costs of ment to be 
 making or repairing any pavements or gutters, and twenty per w ith twenty 
 cent, thereon of the owner of the property, in front of which suchP ercent - 
 work may be done, in action of debt before any alderman, justice 
 of the peace, or Corfrts of this Commonwealth, having jurisdiction 
 of the amount of the claim. 
 
 XX. SUPPLEMENT. i 86L 
 
 Act of February 26, 1861. Pamphlet Laws, 50. 
 
 Sect. 1. Be it enacted, &c. ; That from and after the passage of 
 
24 
 
 1861. this Act, all that part of the South ward of the Borough of Potts- 
 ville aforesaid, lying East of Centre street and South of Norwe- 
 South-east gi an street, be and is hereby erected into a new Ward, to be 
 ted. ‘ called South East ward* ; and that the qualified electors thereof 
 shall hold their elections at the American House in said new 
 ward; and that James A. Innes, Esq., shall be the Judge, and 
 John Leonard and Henry Gressang the Inspectors, to hold the 
 first election after the passage of this Act ; and said Inspectors 
 shall appoint a Clerk for said elections as is provided for by ex- 
 isting laws ; Provided , That the said above named election offi- 
 cers shall hold their offices until the next election for election of- 
 ficers in said borough, after the passage of this Act. 
 
 1862. XXI. SUPPLEMENT. 
 
 Act of February 19, 1862. Pamphlet Laws, 40. 
 
 Act repealed 
 
 Borough ex- 
 tended. 
 
 Part of N. 
 W. ward. 
 
 Part of mid- 
 dle ward. 
 
 Election 
 
 precinct. 
 
 Sect. 1. Be it enacted, &c., That the act entitled “An act to 
 annex part of the township of Norwegian, in the county of Schuyl- 
 kill, to the borough of Pottsville, and to establish a new ward in 
 the said borough,” approved the first day of May, Anno Domini, 
 one thousand eight hundred and sixty one,')' be and the same is 
 hereby repealed. 
 
 Sect. 2. That the tract of land known as the Square tract and 
 the Eyre tract, and so much of the Minnich and Zoll tract that lies 
 north of a continuation of the south line of the Stephens Green 
 tract, be and the satne is hereby annexed to, and made part of, the 
 borough of Pottsville. 
 
 Sect. 3. That so much of the territory annexed to the borough 
 of Pottsville by the second section of this act, that lies north of a 
 line extended from the termination of High street, and on the same 
 course of the said street until it strikes the west line of the bor- 
 ough, as fixed by this act, shall be annexed to, and form part of, 
 the North-west ward of the borough of Pottsville ; that so much of 
 the territory aforesaid as is bounded on the north by the part above 
 annexed to the North-west ward, and on the south by Norwegian 
 street, as marked on the plan of Wood’s addition, shall be annexed 
 to, and form part of, the Middle ward of the borough of Pottsville ; 
 and the residue of the said territory shall be annexed to, and form 
 part of, the South ward of the borough of Pottsville. 
 
 Sect. 4. That the act entitled “An act to create a new ward in 
 the borough of Pottsville,” passed the twenty-sixth day of Febru- 
 ary, Anno Domini one thousand eight hundred and sixty-one, shall 
 be construed as creating an election* precinct of the South ward, 
 and not as creating a new and distinct ward of the borough of 
 Pottsville 
 
 
 *To be an election precinct only. See Section 4 of Supplement XXII. 
 Post. 
 
 f For this Act see appendix. 
 
1864 
 
 XXII. SUPPLEMENT. 
 
 Act of May 3, 1864. 
 
 Sect. 1 . Be it enacted, &c., That the town councii of the 
 borough of Pottsville shall have power to make ordinances direct- Council may 
 ing the size of culverts, through which creeks and streams ofg^of cui- 
 water may flow across the public streets and private property, and verts &c. 
 shall have power by ordinance to direct that any of the streams of 
 water shall be diverted into public culverts in the streets in order 
 to straighten the said streams to avert the danger to public streets 
 and private property from freshets, and the said town council, for 
 the purpose of making a culvert for conveying the water of the 
 Norwegian creek to the Schuylkill river, shall have power and au- 
 thority to enter upon any lands to survey, mark out and construct 
 a culvert, and shall pay for property so taken, such compensation 
 as may be just, to be determined in the same manner upon petition 
 of the owners of the property, in the same manner as is provided 
 by the general railroad law. 
 
 Sect. 2. That if any owner of property shall neglect or refuse PenaIties&c 
 to comply with the directions of any ordinance of the council, di- 
 recting the size of the culvert for any stream of water as aforesaid, 
 the council shall have the same power and authority to make and 
 construct the same, and collect the cost thereof, with twenty per 
 cent, in addition thereto, in the manner provided by the act of 
 April eleventh, eighteen hundred and fifty-nine, for curbing, 
 paving and repairing of pavements in the borough of Pottsville, 
 the provisions of which act are hereby extended to the culverts 
 that may be made under the authority of this act. 
 

 
 
 
 
 . V 
 
 
ORDINANCES. 
 
 I. AN ORDINANCE 
 
 For the removal of nuisances. 
 
 Be it ordained, &e., That all nuisances be immediately re- 
 moved from the streets, lanes and alleys of said borough. It shall 
 be the duty of the high constable to give notice to each person 
 leaving such nuisances, to remove the same, and any person who 
 neglects to remove the same after such notice shall have been giv- 
 en, shall forfeit and pay to the borough for its use, a fine not ex- 
 ceeding two dollars for every twenty-four hours such nuisances 
 shall remain unremoved. But any person leaving such nuisance 
 as requires immediate removal, shall, upon notice given as above, 
 remove the same immediately or forfeit and pay the same penalty. 
 And such fines and forfeitures shall be recovered as sums of like 
 amount are by law recoverable. Passed May 9, 1828. 
 
 Francis B. Nichols, Chief Burgess. 
 
 Attest — Samuel Bex, Town Clerk. 
 
 II. AN ORDINANCE 
 
 Respecting public exhibitions. 
 
 Be it ordained, &c., That all public exhibitions (excepting 
 natural curiosities) shall pay to the chief burgess, for the use of 
 the borough, a sum not less than three nor more than ten dollars, 
 for every such exhibition. Passed May 16, 1828. 
 
 F. B. Nichols, Chief Burgess. 
 
 Attest — Samuel Rex, Town Clerk. 
 
 III. AN ORDINANCE 
 
 Prohibiting vagrants and disorderly persons from disturbing the peace. 
 
 Be it ordained, &c., That all vagrants and disorderly persons 
 found disturbing the peace and harmony of the borough, 
 shall, upon conviction, forfeit and pay a fine of one dollar for each 
 and every such offence, for the use of the borough, and any per- 
 son or persons refusing to pay such fine or forfeiture, shall be con- 
 fined in the county jail for the space of not more than six days 
 for each and every offence. Passed June 20, 1828. 
 
 F. B. Nichols, Chief Burgess. 
 
 Attest — Samuel Rex, Town Clerk . 
 
 1828 , 
 
28 
 
 1828. 
 
 Fire-arms. 
 
 1830. 
 
 Public sts. 
 
 IV. AN ORDINANCE 
 
 Requiring the high constable to carry into effect an ordinance regulating swine, under » 
 
 penalty, &c. 
 
 Be it ordained, &c.. That in case of the high constable re- 
 fusing to fulfill his duty in regard to the ordinance regulating 
 swine, or any other ordinance which has or may be passed, shall on 
 conviction of the same before the burgess, pay a fine of not less 
 than two nor more than five dollars, to be appropriated to the use 
 of the borough. 
 
 And be it further ordained, &c., That if any person or persons 
 shall refuse to assist the high constable in the execution of his of- 
 fice, when called on for assistance, on being legally convicted there- 
 of before the burgess, shall pay a fine of not less than two nor 
 more than five dollars. Passed July 11, 1828. 
 
 F. B. Nichols, Chief Burgess. 
 
 Attest — Samuel Rex, Town Clerk. 
 
 V. AN ORDINANCE 
 
 Prohibiting the firing of crackers, squibs, &c. 
 
 Sect. 1. Be it ordained, &c., That any person or persons vend- 
 ing or exposing to be vended, or any person or persons firing or 
 causing to be fired within this borough any cracker or crackers, 
 squibs or rockets, shall upon conviction thereof, forfeit and pay for 
 each and every such offence, a fine of four dollars, for the use of 
 the borough. 
 
 Sect. 2. And be it further ordained, &c., That any person or 
 persons firing, or causing to be fired, any kind of fire arms within 
 this borough, shall upon conviction thereof, forfeit and pay a fine 
 of four dollars for the use of the borough. 
 
 Sect. 8 . And be it further ordained, &c., That all fines and 
 forfeitures shall be recovered as debts of like amount are by law r 
 recoverable. Passed July 24, 1828. 
 
 F. B. Nichols, Chief Buigess. 
 
 Attest — Samuel Rex, Town Clerk . 
 
 VI. AN ORDINANCE 
 
 Declaring several streets to be public highways, and for other purposes. 
 
 Sect. 1. Be it ordained, &c., That from and after the passage 
 of this ordinance, all steeets, lanes and alleys opened, or laid out, 
 or drawn, or marked on the plans or plots by those persons who 
 have laid out additions to the plan or plot of the town of Potts- 
 ville, as laid out by the late John Pott, are, and are hereby de- 
 clared to be public streets, lanes and alleys ; and that all earth, 
 stones, gravel, or other valuable materials therein, are hereby de- 
 clared to be the property of the borough. 
 
 Sect. 2. And be it further ordained, &c., That if any person 
 or persons shall appropriate to his, her or their use, or shall dig or 
 carry away any earth, stones, or gravel, from any street, lane or 
 
29 
 
 alley mentioned in the first section of this ordinance, without per- 1830. 
 mission from the chief burgess, or in his absence the second bur- 
 gess, every person so offending, shall forfeit and pay for every and 
 each offence the sum of five dollars, to be recovered with costs of ^°™ t t h j* ne9 
 suit as debts of like amount are by law recoverable, and paid to anTafieys/ 
 the treasurer for the use of the borough. 
 
 Sect. 3. ( Repealed by ordinance of June 12, 1860.) 
 
 Passed May 31, 1830. 
 
 F. B. Nichols, Chief Burgess . 
 
 Attest — Robert Woodside, Town Cleric. 
 
 VII. AN ORDINANCE 
 
 For the suppression of nuisances, and enforcing useful regulations within the borough of 
 
 Pottsville. 
 
 Be it ordained, &c., That from and after the passage of this Prohibiting 
 ordinance, if any person shall wilfully or negligently drive, ride or d^vin^and 
 lead any horse or horses upon, or cause or permit any carriage °f co^&^on 
 any kind whatsoever to pass upon, or along, or remain on any foot- the foot- 
 way or pavement within this borough, or shall unload or cast out ways * 
 of any cart, wagon or other carriage, any cord wood, brick, stone, 
 bar iron, timber, lumber, of any kind, or coals upon any such footway 
 or pavement, he, she or they so offending, shall forfeit and pay 
 a sum of not less than one nor more than five dollars, to be re- 
 covered with costs of suits as debts of like amount are by law re- 
 coverable, and paid to the treasurer for the use of the borough. — 
 
 Passed June 3, 1830. 
 
 F. B. Nichols, Chief Burgess. 
 
 Attest — Robert Woodside, Town Clerk. 
 
 VIII. A SUPPLEMENT 
 
 To an ordinance for the suppression of nuisances, &c. 
 
 Be it ordained, &c., That from and after the passing of this or- 
 dinance, if any person or persons shall wilfully or negligently ride, o^ra^ng* 
 drive, permit, or suffer any horse or horses to go in a gallop, or hor ® es - 
 other immoderate gait, or shall ride or drive any race or trial of 
 speed with any horse or horses, in or through any street, lane or 
 alley of this borough, so as to endanger persons walking or standing 
 therein, every person so offending, shall forfeit and pay a sum of 
 not less than one nor more than five dollars, to be recovered in the 
 manner and for the use mentioned in the ordinance to which this 
 is a supplement. Passed June 17, 1830. 
 
 F. B. Nichols, Chief Burgess % 
 
 Attest — Robert Woodside, Town Clerk . 
 
 IX. AN ORDINANCE 
 
 For securing the borough of Pottsville from damage by gunpowder. 
 
 Be it ordained, &c., That from and after the twenty-third day 
 of this present month, no person shall keep in any house, store, Penalty on 
 shop, cellar, or other place within this borough, a greater quantity g un P° wder 
 of gunpowder, at one time, than two kegs thereof, under a pen- 
 
30 
 
 1830 . 
 
 No new 
 slaughter 
 houses to be 
 erected in 
 the borough 
 
 Penalty. 
 
 No offal to 
 annoy the 
 neighbor- 
 hood. 
 
 No offal to 
 be thrown 
 into water 
 courses. 
 
 Depth of 
 graves. 
 
 alty of not less than five nor more than fifty dollars, for every keg 
 of powder so kept in any place as aforesaid, to be recovered with 
 costs of suit, as debts of the same amount are by law recoverable, 
 and paid into the treasury for the use of the borough. Passed 
 July 12, 1830. 
 
 F. B. Nichols, Chief Burgess. 
 
 Attest — Robert Woodside, Town Clerk. 
 
 X. AN ORDINANCE 
 
 For the regulation of slaughter houses, and for the protection of the health of the in- 
 habitants of the borough of Pottsville. 
 
 Sect. 1. Be it ordained, &c , That from and after the passing of 
 this ordinance, no person shall erect or build any slaughter house, 
 or other building for the purpose of slaughtering or killing cattle, 
 sheep, or other animals therein, or shall use or occupy any house 
 or building now erected for that purpose, that hath not hitherto 
 been used for the same, within the limits of this borough, under a 
 penalty of not less than five nor more than fifty dollars for every 
 animal killed or slaughtered therein, to be recovered, with costs of 
 suit, as debts of the same amount are by law recoverable, and paid 
 into the treasury for the use of the borough. And if any person 
 or persons who now use or shall use or occupy any slaughter house 
 or other building as aforesaid, now built or erected, shall keep at 
 or near his slaughter house any garbage, offal or filth whatsoever, 
 so as to annoy or offend any neighbor, or any person whatsoever, 
 every person so offending shall forfeit and pay a sum of not less 
 than five nor more than thirty dollars, to be recovered in the man- 
 ner and applied to the uses aforesaid. 
 
 Sect. 2. And be it further ordained, &c., That if any person 
 or persons shall cast, throw, or lay any carcase, carrion, offal, or 
 filth of any kind whatsoever, into any stream of water or water- 
 course running through this borough, every person so offending 
 shall forfeit a sum of not less than five nor more than fifty dollars, 
 to be recovered in the manner and applied to the uses aforesaid.— 
 Passed July 15, 1830. 
 
 F. B. Nichols, Chief Burgess. 
 
 Attest — Robert Woodside, Town Clerk. 
 
 XI. AN ORDINANCE 
 
 For the regulation of interments within the borough of Pottsville. 
 
 Sect. 1. Be it ordained, &c., That from and after the passing 
 of this ordinance, every grave in which the body of any deceased 
 person shall be buried or interred within the borough of Pottsville, 
 shall be of the following depth, to wit : Every grave that shall 
 
 be less than four feet in length shall be not less than four feet deep, 
 and every grave of a greater length than four feet shall be not 
 less than five feet six inches deep, measuring from the lowest part 
 of the surface of the ground surrounding the said grave. 
 
31 
 
 SEOr. 2. And be it farther ordained, &c., That every person 1830, 
 who shall dig or cause to be dug, any grave contrary to the provi- 
 sions of this ordinance, or shall bury or cause to be buried the 
 body of any deceased person therein, every person so offending Penalty, 
 shall forfeit and pay, for each and every offence the sum of ten 
 dollars, to be recovered, with costs, as debts of the same amount 
 are by law recoverable, and paid into the treasury for the use of 
 the borough. Passed August 16, 1830. 
 
 Robert Woodside, Town Cleric. 
 
 XII. AN ORDINANCE 
 
 For the regulation of the drivers of horses and carriages through the borough of Potts- 
 
 ville. 
 
 WHEREAS frequent accidents have happened by the careless- 
 ness or perverseness of drivers of carriages and horses in and 
 through the streets of the borough of Pottsville, for remedy and 
 preventation thereof, 
 
 1st. Be it ordained, &c., That from and after the passing of this 
 ordinance, no person whatsoever shall sit or stand upon any cart, 
 wagon, or other carriage of any kind whatsoever, or any horse or Joi^the* 0 
 beast harnessed thereto, in order to drive the same, unless he shall ^ r n g | s °y h h e c n 
 have strong reins or lines fastened to the bridles of his beasts, and driving, 
 held in his hands sufficient to guide and restrain them from run- 
 ning, galloping, or going at an immoderate rate, contrary to the 
 provisions of an ordinance, passed the seventh of June, 1830. — 
 
 And all carters, wagoners and other persons having the care of any 
 carriages as aforesaid, passing through any street, lane or alley of 
 this borough, who shall not hold the reins in their hands as afore- ^ heSteof 
 said, shall walk by the head of the shaft or wheel horse, holding their horses, 
 or within reach of the halter or bridle of the said horse, in order 
 to guide or restrain them in the manner aforesaid; and each and 
 every person wilfully or negligently offending in either of the cases 
 aforesaid, shall forfeit and pay the sum of two dollars, to be re- 
 covered, with costs, as debts of the like amount are by law recov- 
 erable, and paid into the treasury for the use of the borough. 
 
 Sect. 2. And be it further ordained, &c., That if any person 
 or persons shall wilfully permit or suffer any horse, mare or geld- 
 ing, to go at large through the streets, lanes or alleys of this 
 borough, or any part thereof, every person or persons so offending 
 shall forfeit and pay for every such offence the sum of two dollars, ena 7 ' 
 to be recovered in the manner and applied to the uses aforesaid. 
 
 Passed August 10, 1830. 
 
 Robert Woodside, Town Clerk . 
 
 XIII. AN ORDINANCE 
 
 Prohibiting the throwing of coal ashes in the streets, and for other purposes. 
 
 Sect. 1. Be it ordained, &c., That from and after the thirteenth 
 day of December next, if any person or persons shall cast, throw. 
 
32 
 
 1331 . 
 
 Coal ashes 
 Ac not to be 
 thrown into 
 graded sts. 
 
 Penalty. 
 
 No coal or 
 fuel to re- 
 main in sts 
 for more 
 than 24 
 hours. 
 
 Penalty. 
 
 1836. 
 
 May lay 
 pipes thro 
 the streets. 
 
 or lay any coal dust, coal ashes, or rubbish of any kind, into or in 
 any street, lane or alley of this borough, that has been graded 
 or the water-courses therein opened, every person so offending shall 
 forfeit and pay, for every such offence, a sum not less than one 
 nor more than five dollars, to be recovered as debts of the same 
 amount are by law recoverable, and paid into the treasury for the 
 use of the borough. 
 
 Sect. 2. And be it further ordained, &c., That from an after 
 the thirteenth day aforesaid, if any person or persons shall place, 
 or cause to be placed, in any street, lane or alley mentioned in the 
 first section of this ordinance, any coal or other article of fuel and 
 cause the same to remain more than twenty-four hours, every such 
 person shall forfeit and pay the sum of not less than one nor more 
 than five dollars. But in no case shall any coal, wood, or any other 
 article of fuel be placed within two feet of the gutter, under the 
 above penalty, to be recovered in the same manner and applied to 
 the same purpose as is directed in the first section of this ordi- 
 nance. Passed November 28, 1831. 
 
 Samuel Brooke, Brest. Council. 
 
 Attest — David Candor, Town Clerk. 
 
 XIV. AN ORDINANCE 
 
 Relative to the Pottsville Water Company. 
 
 WHEREAS, the Pottsville Water Company have made appli- 
 cation for the privilege of laying water-pipes through the streets 
 and alleys and public grounds of the borough, agreeably to the 
 7th section of the act of Assembly of this Commonwealth, passed 
 the 11th day of April, 1834, under which the said company is 
 incorporated ; Therefore, be it enacted by the inhabitants of the 
 borough of Pottsville in council assembled, That the Pottsville 
 Water Company shall have full power and authority to bring and 
 convey into the borough of Pottsville, by means of pipes, trunks, 
 aquaducts or other means, some spring or stream of water from 
 the neighborhood of or from within the bounds of the borough, 
 and for the purpose aforesaid the said company shall have liberty 
 at all times to dig and lay pipes or trunks along the roads and 
 highways, and along the streets, lanes, alleys and public grounds 
 of the borough, and to renew and repair the same, shutting up 
 and amending any breach which they may make as soon as possi- 
 ble, making as little obstruction to the public travelling as the na- 
 ture of the work will admit. Passed May 10, 1836. 
 
 Geo. C. Wynkoop, Prest . Council. 
 
 Attest — Edw. Owen Parry, Town Clerk. 
 
 XV. AN ORDINANCE 
 
 Prescribing the duties of the collectors of taxes. 
 
 Sect. 1. Be it ordained, &o., That the council shall from time 
 to time, and whenever the same may be necessary, appoint a 
 
 Collector. 
 
33 
 
 proper person to collect the taxes, rates and levies, assessed, rated 1836. 
 or levied by the council who shall receive for his services such 
 compensation as the council from time to time by resolution may 
 determine. 
 
 Sect. 2. The collector before he enters on the duties of his 
 appointment, shall give a bond with such surety and penalty as 
 shall be satisfactory to the president of the council, and a warrant b°nd7war- 
 to confess judgment thereon to the corporation of the borough of rant of at-^ 
 Pottsville, conditioned that he will faithfully and diligently collect surety.’ an 
 and duly pay over to the treasurer of the borough of Pottsville, 
 agreeably to the provisions of the act of assembly and of this 
 ordinance, the taxes contained in the duplicate and lists to be to 
 him delivered, excepting such allowances as shall be made thereon 
 by the council. 
 
 Sect. 3. The collector at the time of demanding or receiving 
 any tax, shall produce the duplicate of the tax so demanded or 
 received, and immediately on the receipt thereof, and in the 
 presence of the person paying, write the word “paid” therein ^ of ^ 
 opposite to the name or description of the person or estate by or lector when 
 for whom on which the tax is paid. The collector shall, on the 
 second Monday succeeding his appointment pay over to the treas- taxes, 
 urer, all sums of money then received by him on account of the 
 said duplicate, and on every second Monday thereafter, while the 
 duplicate remains in his hands, he shall pay over to the treasurer 
 all sums of money received by him in the preceding two weeks. 
 
 Sect. 4. Whenever any money shall be paid to the treasurer by Taxes to be 
 the collector, on account of a duplicate of taxes, he shall produce t^asurer! 10 
 the duplicate and pay over and account for all such sums of money 
 as shall appear by the entries on the duplicate to have been paid. 
 
 The treasurer shall give a receipt to the collector for all sums of 
 money paid by him into the treasury, and the collector shall 
 deliver the said receipt to the town clerk, who shall retain and 
 receipt for the same and immediately charge the account of the^ce^Ho 
 treasurer and credit the account of the collector with the sum that eguen ' 
 shall appear by such receipt to have been paid into the treasury. 
 
 And the collector shall, on or before the second Monday of March 
 succeeding the time of his receiving a duplicate of taxes for col- dupi?c a te hen 
 lection, pay into the treasury of the borough the whole amount of sha11 be 
 the duplicate, excepting such allowances as may be made by the 
 council, otherwise the bond given by him shall be forfeited. 
 
 Passed October 13, 1836. 
 
 Geo. C. Wynkoop, Prest. Council . 
 
 * Attest— E dW. Owen Parry, Town Clerk . 
 
 XVI. AN ORDINANCE 
 
 To prohibit the sale of unwholesome provision within the borough of Pottsville, and to 
 secure cleanliness in the shops and stands of persons who sell provision. 
 
 Sect. 1. Be it ordained, &c., That if any huckster, truckman, 
 victualler, shopkeeper, or other person, shall sell or expose to sale, 
 
 5 
 
 1842. 
 
34 
 
 1842 . within the limits of said borough, any noxious or unwholesome 
 vegetables, meat, fish, or other provision, or if any keeper of a 
 No unwhole- shop stall, or truckstand, shall keep said shop, stall, or stand, so 
 rn e to P b°e V1 - same unclean, and noisome smells are emitted there- 
 
 from, he, she or they, so offending against the provisions of this 
 ordinance, shall forfeit and be liable to pay a fine of not less than 
 three nor more than five dollars for each offence. 
 
 Sect. 2. This ordinance shall go into effect from and after the 
 first day of July, 1842. Passed June 21, 1842. 
 
 Prancis J. Paryin, Prest . Council 
 Attest — F. W. Hughes, Town Clerk . 
 
 XVII. AN ORDINANCE 
 
 Relating to lamps and lamp posts. 
 
 Be it ordained, &c., That if any person or persons shall and do, 
 to be injur- after the passing of this ordinance, maliciously, wilfully, or wan- 
 tonly extinguish, break, destroy, injure, overthrow, or carry away 
 any of the public lamps, lamp posts, or any thing pertaining * 
 thereto, in any of the streets, lanes or alleys, within this borough, 
 every such person so offending, and every person aiding and con- 
 Penaity. cerned in such offence, shall forfeit and pay for every such offence/ 
 the sum of five dollars. Passed April 22, 1845. 
 
 Benj. Haywood, Prest . Council . 
 Attest- — Isaac Beck, Tovm Clerk . 
 
 XVIII. AN ORDINANCE 
 
 Relating to awnings, rails and wooden sheds. * 
 
 Awning Sect. 1. Be it ordained, &c., That from and after the passing 
 
 rails 8 aDd ^is ordinance, every awning rail which shall be and remain 
 
 placed of fixed in any public street, lane or alley of the borough, 
 for the purpose of fastening thereto any awning, shall be at least 
 six feet four inches from the lower side thereof to the pavement 
 under it, and every person who shall use such rail so placed and 
 fixed, which shall not be of the height aforesaid above the pave- 
 Penalty. ment, shall forfeit and pay the sum of five dollars. 
 
 Sect. 2. That from and after the passing of this ordinance, all 
 chains and and every rail or rails so placed or fixed as above mentioned, and 
 all chains, bars or rails between posts fixed or placed near the 
 gutters, in any street, lane or alley of this borough, and all 
 wooden sheds over the pavement in any street, lane or alley of 
 this borough, are hereby declared to be common nuisances, and it 
 shall and may be lawful for the chief burgess, and he is hereby 
 enjoined and required to take down and remove the same. Passed 
 April 22, 1845. 
 
 Benj. Haywood, Prest . Council 
 Attest — Isaac Beck, Town Clerk . 
 
 sold. 
 
 Penalty. 
 
 1845 . 
 
XIX. AN ORDINANCE 
 
 Prohibiting persons to bring suits to enforce the ordinances of the borough of Potts- 
 ville, unless with the consent of the chief burgess. 
 
 Be it ordained, &<}., That hereafter no person or persons 
 shall bring suit or suits to enforce the ordinances of the borough 
 of Pottsville, or recover penalties for breaches thereof, unless 
 with the consent of the chief burgess or borough solicitor, and all 
 persons bringing such suits except the chief burgess, shall be liable 
 for the payment of costs, in case the same shall not be collectable 
 from the defendant or defendants; anything in former ordinances 
 to the contrary is hereby repealed. Passed July 6, 1852. 
 
 Frank Pott, Brest. Council. 
 
 Attest — James A. McBarron, Town Clerk. 
 
 XX. AN ORDINANCE 
 
 Prohibiting persons from occupying any street or alley of the borough of Pottsville with 
 cattle for the purpose of exposing the same for sale. 
 
 Be it ordained, &e., That all persons are hereby prohibited from 
 occupying any street or alley of the borough of Pottsville with 
 cattle for the purpose of exposing the same for sale, under the 
 penalty of one dollar for the first offence, and two dollars for the 
 second offence, to be sued for and recovered before any justice of 
 the peace in like manner as in other cases for the recovery of pen- 
 alties, and that the owners and drivers of the cows and calves are 
 hereby prohibited from muzzling their calves, and if muzzled shall 
 upon request remove such muzzles under the like penalties, to be 
 recovered as aforesaid; anything in former ordinances to the con- 
 trary is hereby repealed. Passed July 20, 1852. 
 
 Frank Pott, Brest. Council. 
 
 Attest — James A. McBarron, Town Clerk. 
 
 XXL AN ORDINANCE 
 
 Relating to butchers and others. 
 
 Be it ordained, &c., That from and after the passing of this 
 ordinance, it shall not be lawful for butchers or other persons to 
 sell meat of any kind from wagons, carts, or other vehicles, or haul 
 about or expose the same to sale as aforesaid, within the limits of 
 the borough of Pottsville, until after twelve o’clock of any day of 
 the week except Saturdays, throughout the whole of which this 
 prohibition shall extend, under the penalty of three dollars for 
 each and every offence, to be recovered by action of debt for the 
 use of said borough in like manner as in other cases, Brovided , 
 always, that this ordinance shall not apply or extend to farmers 
 bringing meat, poultry or other provisions into the borough afore- 
 said. Passed December 7, 1852. 
 
 Frank Pott, Brest. Council . 
 Attest — James A. McBarron, Town Clerk. 
 
36 
 
 1864 . 
 
 XXII. AN ORDINANCE 
 
 Guaranteeing six per cent, interest per annum to stockholders of the Pottsville 
 Water Company. 
 
 Be it ordained, &c., That the provisions of the ninth section of 
 an act of the general assembly of Pennsylvania, entitled “a sup- 
 plement to the act incorporating the Pottsville Water Company, 
 approved the eleventh day of April, Anno Domini, one thousand 
 eight hundred and thirty-four,” which supplement was approved 
 on the eighteenth day of February, Anno Domini, one thousand 
 eight hundred and fifty-four, be and the same are hereby fully 
 approved and accepted by the borough of Pottsville, and the faith 
 and credit of the borough of Pottsville is hereby pledged for the 
 fulfillment of the guarantee provided in said act of assembly, of 
 semi-annual dividends to the stockholders of said company of three 
 per cent, on the amount of capital paid in on the subscription of 
 stock in said company authorized by said act, agreeably to the 
 provision of said act. Passed March 21, 1854. 
 
 C. W. Pitman, Prest. Council . 
 Attest — James A. McBarron, Town Clerk . 
 
 1855. 
 
 XXIII. AN ORDINANCE 
 
 For the regulation of party walls and partition fences. 
 
 Founda- 
 
 tions. 
 
 Sect. 1. Be it enacted, &c., That from and after the passing of 
 this ordinance, all partition walls and fences within the limits of 
 said borough, shall be regulated by the said town council. 
 
 Council to Sect. 2. The said council shall at their first regular meeting, 
 appoint per- i n May of every year, appoint two persons who shall be constituted 
 guiators. surveyors or regulators for the purpose of fixing and regulating all 
 foundations, party walls and partition fences to be built, between 
 party and party within' the limits of said borough. 
 
 Sect. 3. The said surveyors or regulators upon application to 
 them made, shall have full power and authority to enter upon the 
 lands of any person or persons, in order to set out the foundations 
 and regulate the walls to be built between party and party, as to 
 the breadth and thickness thereof, (provided however, that .no 
 partition wall shall be less than nine inches in thickness,) which 
 foundation shall be laid equally upon the lands of the persons 
 between whom such party wall is to be made, and the first builder 
 shall be reimbursed. One moiety of the charge of such party 
 wall, or for so much thereof as the next builder shall have occa- 
 sion to make use of before such next builder shall any way use or 
 break into the said wall, the charge or value thereof to be set by 
 the said regulator. 
 
 Sect. 4. The said surveyors or regulators shall have full power 
 Authority of to regulate partition fences within the said borough, and where the 
 regulators. ac y 0 i n i n g p ar ties do improve or inclose their lots, such fences shall 
 be made in the manner generally used, and kept in good repair at 
 the equal cost of the parties, so that the price for making exceeds 
 
37 
 
 not the sum of five dollars for every twenty feet, unless the owners 1855* 
 or possessors between whom such fence is or shall be erected, do 
 agree otherwise. 
 
 Sect. 5. If either party between whom such partition fence is 
 or shall be made, shall neglect or refuse to pay his part or moiety ^ r ^ i011 
 for the repairing or setting up of such partition fence as aforesaid, 
 then the party at whose cost the same was so repaired or set up, 
 may have his action at law for the recovery of the same. 
 
 Sect. 6 . If any person shall lay the foundation or begin to lay 
 the foundation of any party wall, or of any wall adjoining, or upon 
 the line of any public street, lane or alley within the said borough, 
 before the line and boundaries of the lot or piece of land 
 wherever the said foundation shall be so laid or began to be laid, 
 shall be adjusted and marked out by the said regulators, every 
 such person, as well employee as master builder, shall forfeit the 
 sum of ten dollars, one-half part thereof to the said borough the Penalty, 
 other half to the use of the informer with costs, Provided , that 
 the suit shall be commenced within one year after the offence shall 
 be committed. 
 
 Sect. 7. The regulators so to be appointed as aforesaid for the 
 said borough shall enter in a book all directions, orders and awards 
 by them made concerning the boundaries of any lot or land, situ- t 0 e Seep° r 
 ate in said borough, such book to be provided for by said borough, books, 
 and every such order and award, if made with reasonable notice 
 beforehand to the parties interested therein, shall be final to all 
 persons unless the same be set aside upon appeal as aforesaid, and 
 the said regulators shall in like manner enter in the same book all 
 regulations made by them of descents, water courses, common 
 sewers, and all other of their proceedings and actings in their 
 office as regulators. 
 
 Sect. 8 . The said regulators for their trouble in regulating and Payforregu- 
 setting out the lines of any lot or piece of land, and for entering 0 8 ’ 
 their orders and award concerning the same, shall be paid by the 
 parties interested therein, one dollar each and no more, and for 
 surveying, regulating and laying out any streets, water courses 
 and common sewers, the sum of two dollars to each of them who 
 shall be employed therein for every day so employed. Passed 
 April 17, 1855. 
 
 H. L. Cake, Pro tern., Brest . Council . 
 
 Attest— Samuel Hartz, Town Clerk . 
 
 XXIV. AN ORDINANCE 1859 , 
 
 Regulating the carrying of gunpowder through the streets of the borough of Pottsville. 
 
 Sect. 1. Be it ordained, &c., That no person shall convey or 
 cause to be conveyed through any of the streets of the borough in 
 any cart, wagon, or other carriage, or in any railroad car, at any Gunpowder 
 one time any greater quantity of gunpowder than twenty-five tobesei7e<,a 
 pounds without a sheet of canvas under, around and over the same, 
 
38 
 
 1857. 
 
 Forfeiture. 
 
 Gunpowder 
 to be soid. 
 
 Disposition 
 of the pro- 
 ceeds. 
 
 1858* 
 
 Heighth. 
 
 Penalty. 
 
 sufficient to prevent the same from being scattered from the said 
 cart, wagon, carriage or railroad car, and also the said gunpowder 
 completely covered with woolen stuff to prevent it being ignited 
 from a spark falling upon it, under the penalty of forfeiture of the 
 said gunpowder, and for every such offence the sum of twenty-five 
 dollars to be paid by every person so offending. 
 
 Sect. 2. The chief burgess shall take immediate possession of 
 the- gunpowder that may be seized and forfeited under this ordi- 
 nance, and remove the same to some safe place and sell the same, 
 and after payment of the necessary expenses of the seizure and 
 sale, shall pay over one-third part to the person or persons seizing 
 the same, and shall retain one-third part for his own compensation, 
 and shall pay the remaining third part into the treasury for the 
 use of the borough, and in every case in which the chief burgess 
 himself may seize gunpowder under this ordinance, the proceeds 
 shall be divided into two equal parts, one-half to be retained by 
 him and the other half paid into the treasury for the use of the 
 borough. 
 
 Sect. 3. The money penalty above mentioned shall be recovered 
 as provided in the seventh section of the act of assembly of this 
 Commonwealth, passed the 5th day of April, A. D., 1849, one-half 
 for the use of the informer and one-half for the use of the borough. 
 
 The foregoing ordinance to take effect on the twelfth day of 
 October, 1857. Passed September 15, 1857. 
 
 F. B. Kaercher, Prest. Council . 
 
 Attest— Samuel Hartz, Town Clerk . 
 
 XXV . AN ORDINANCE 
 
 In regard to the erection of dangerous buildings. 
 
 Whereas the great number of wooden buildings in the borough 
 of Pottsville render the persons and property of the inhabitants 
 insecure and greatly exposed to accidents from fire, and unless pre- 
 vented within the thickly built parts thereof great danger and 
 loss of property, if not of life, may ensue therefrom. It is therefore, 
 
 Sect. 1. Ordained, &c., That from and after the passing of this 
 ordinance, no wooden building that shall exceed in height twenty 
 feet from the grade of the street on which it is erected, shall be 
 erected or built in any part of the borough of Pottsville. 
 
 Sect. 2. Every building hereafter erected or constructed con- 
 trary to the provisions of the foregoing section, shall be, and the 
 same is hereby declared to be a public and common nuisance. 
 
 Sect. 3. Every person who shall erect or construct, or cause to 
 be erected or constructed, any building contrary to the provisions 
 of the first section of this ordinance, shall forfeit and pay a fine of 
 one hundred dollars. 
 
 Sect. 4. Each and every person who shall be employed in the 
 building or erecting of any such wooden building, forbidden to be 
 erected by the first section of this ordinance, shall forfeit and pay 
 a fine of twenty dollars. 
 
39 
 
 Sect. 5. The fines imposed by this ordinance shall be recovered 
 by suits in the name of the corporation of the borough of Pottsville, 
 in accordance with the act of assembly in such cases made and 
 provided, to be instituted by the chief burgess or the president of 
 the town council, and the high constable and police officers of the 
 borough are hereby strictly enjoined and required to give informa- 
 tion to the chief burgess or to the president of the council, of 
 any violation of any of the provisions of this ordinance. Passed 
 July 13, 1858. 
 
 Daniel Shertle, Prest. Council. 
 
 Attest — Samuel Hartz, Town Clerk . 
 
 XXVI. AN ORDINANCE 
 
 To prohibit swine and goats from running at large in the borough of Pottsville. 
 
 Sect. 1. Be it ordained, &c., That from and after the publica* 
 tion of this ordinance, any goats or any swine running at large in 
 the borough aforesaid, shall be taken up and placed in the pound 
 erected for that purpose. 
 
 Sect. 2. That all swine or goats taken and enclosed for viola- 
 tion of this ordinance shall be kept in the pound for the space of 
 two days, unless before that time the owner upon proof being 
 made, redeem the same by payment of all the costs that may have 
 accrued ; but if no owner appear within the time above men- 
 tioned, said swine or goats shall be forfeited and sold for the use 
 of the borough. 
 
 Sect. 3. That it shall be the duty of the chief burgess to see 
 this ordinance carried into strict effect, to purchase food and have 
 the animals properly cared for ; and he is hereby authorized to 
 employ persons to capture all swine and goats found running at 
 large in violation of this ordinance, and to pay the persons so 
 employed such sums for the capturing and delivering of said 
 swine and goats in the pound as the council may from time to time 
 deem expedient. 
 
 Sect. 4. That the ordinance enacted May 15, A. D., 1828, 
 entitled “an ordinance prohibiting swine from running at large 
 in the borough of Pottsville,” be, and the same is hereby repealed. 
 Passed August 2, 1859. 
 
 D. E. Nice, Prest . Council . 
 
 Attest — A. K. Whitner, Town Clerk. 
 
 XXVII. AN ORDINANCE 
 
 To prevent dogs from running at large in the borough of Pottsville. 
 
 Sect. 1 . Be it ordained, &c., That no dog shall be allowed to* 
 go at large in the borough aforesaid, without having around its 
 neck a collar of leather or metal, on which shall be inscribed the 
 name of the owner of such dog, and that during the months of 
 June, July and August, all dogs shall be securely muzzled, but 
 
 1858. 
 
 1859. 
 
40 
 
 1859* nothing herein contained shall be construed to permit any female 
 dog when in heat to run at large in the borough of Pottsville. 
 
 Sect. 2. That all dogs found running at large in the borough 
 of Pottsville, in violation of this ordinance, shall be taken up and 
 placed in the public pound erected for that purpose, and unless by 
 the payment of all costs that may have accrued they are redeemed 
 by the owner within twenty-four hours from the time of their 
 being impounded, they shall be taken out, killed and buried. 
 
 Sect. 3. That it shall be the duty of the chief burgess to see 
 this ordinance carried into strict effect, and he is hereby authorized 
 to employ persons to capture and destroy, according to the provi- 
 sions herein contained, all dogs found in violation of this ordinance, 
 and pay to the persons employed such sums for the capturing, kill- 
 ing and burial as the council may from time to time deem expedient. 
 
 Sect. 4. That the ordinance enacted the 30th day of May, A. 
 D., 1848, entitled “an ordinance in reference to dogs,” and all 
 former ordinances in relation to dogs be, and they are hereby 
 repealed. Passed August 2, 1859. 
 
 D. E. Nice, Prest. Council . 
 
 Attest — A. K. Wbitner, Town Clerk . 
 
 XXVIII. AN ORDINANCE 
 
 For the better regulation of streets and sidewalks in the borough of Pottsville. 
 
 Be it ordained, &c., That from and after the publication of this 
 ordinance, all persons occupying or owning property in any of the 
 streets of the borough of Pottsville, whose grades have been laid 
 out and the same adopted by resolution of the town council of the 
 borough aforesaid, or which may hereafter be laid out and accept- 
 ed by the same, shall have their curbs set, pavements made and 
 gutters paved, in accordance with the following regulations which 
 are hereby declared to be general : 
 
 1. The outside of the curbstone shall be placed on the lines 
 Regulations mentioned for the width of the pavements in the several streets, 
 curbsfpave- an d shall be at least four feet long, two feet six inches wide and 
 ments, and six inches thick at the top. The fronts and ends of said stones 
 gutters. s h a ii b e dressed smooth for a breadth of nine inches from the top. 
 
 The top must also be dressed straight and smooth and brought to 
 a uniform thickness of six inches by dressing the back of the 
 breadth by two and a half inches. The top of the stone shall be 
 so levelled as to have the same rise as the pavement, and the stone 
 set so that the front shall lean back one and a half inches to the 
 foot rise. 
 
 2. The sidewalks or footways between the curbstones and line 
 footways 8 & °f sfcreets shall be cut down or filled up so as to correspond with 
 
 the rise and fall thereof; and shall be paved with well burnt bricks 
 or flagstone, and shall have a rise of half an inch to the foot, from 
 the curbstone to the line of the street ; provided, that in front of 
 any lots not actually built upon, the sidewalks or footways shall 
 
41 
 
 1859. 
 
 not be required to be paved to a greater width than five feet from 
 the curbstone, the residue of such sidewalks or footways from the 
 said pavement to the line of the street, being lined with gravel so 
 as to support the pavement. This proviso is not to apply to Cen- 
 tre street in the borough of Pottsville. 
 
 3. A gutter three feet wide shall be paved outside of the curb- 
 stone with brick or stone, supported on the outer side by flat stone ^ers° f 
 sunk on edge into the earth, and the bottom cf said gutter to be 
 
 nine inches below the top of the curbstone. 
 
 4. No person shall set or cause to be set any curbstones, or pave, 
 or cause to be paved any gutters, or make or cause to be made any 
 pavements in any street of which the grade has been fixed by the 
 
 town council, until the grade and place thereof shall be given by ® r r ^ s e t ° f be 
 the borough surveyor or a person appointed by the council for that given, 
 purpose. The expense thereof shall be borne by the property 
 holders in front of whose lots the same shall be given, and any 
 person who shall set or cause to be set any curbstones, or shall make 
 or cause to be made any pavements, or shall pave or cause to be 
 paved any gutters, contrary to the provisions of this ordinance, 
 shall for every offence forfeit and pay a penalty of twenty dol- PenaUy ’ 
 lars. provided the same be not on the grade line, to be collected 
 and paid into the treasury for the use of the borough. 
 
 5. All gas stops, water stops and awning posts must be placed Regulating 
 immediately inside of the curbstones. The top of the gas and gas stops ’ 
 water stops to be on a level with the pavement, and any person 
 
 i * * •/ x water stODS 
 
 placing or causing to be placed any stops or awning posts contrary & c . 
 to the provisions of this ordinance, shall remove the same and for- 
 feit and pay a penalty of five dollars for each and every offence to Penalty, 
 be collected and paid for the use of the borough, and all stops now 
 placed shall be cut down to the level of the pavement. 
 
 6. Not more than six feet of pavement from the line of the Doorsteps, 
 street shall be allowed for door steps or cellar doors, when doors * 
 the pavements are fifteen feet or more in width ; for pavements 
 
 that are from seven to twelve feet wide the allowance shall be three 
 feet, and for all pavements from four to seven feet the allowance 
 shall be eighteen inches. 
 
 o No excava- 
 
 7. No person shall dig or cause to be dug any excavation what-^ to^be^ 
 ever in any of the streets, lanes or alleys in the borough of Potts- awrUten° U 
 ville, without first obtaining a written permit from the chairman of 
 
 the street committee, or in his absence, from* a member of the man of the 
 same ; Provided , that the officers of the Pottsville water company, ^ttee? 0m " 
 or the Pottsville gas company shall not be required to obtain a 
 permit. When the purpose for which the excavation was made in 
 the streets is completed, the person or corporation making the Excavations 
 same shall have the opening so made, filled up immediately, beat- to be filled 
 ing down carefully and firmly the earth thrown in, leaving the ateiy^fte^ 1 ' 
 street at its proper grade and in as good a condition as it was be- the street is 
 fore the excavation was begun. For each and every violation of com P leted - 
 
1869. 
 
 42 
 
 this ordinance, the party so offending shall pay a penalty of twenty 
 ena y ‘ dollars, to be collected and paid into the treasury for the use of 
 the borough. 
 
 No stands to 8, No person shall erect any stand either on the sidewalks or 
 on the C s?de- public streets of the borough of Pottsville, or make use of any 
 W ubUc sts in wa ® 0n> or ot ^ er ve ^i c ^ e for the purpose of crying out and 
 the borough vending any patent medicine or any other article whatever. The 
 of Pottsville burgess is hereby authorized and instructed to keep the sidewalks 
 and public streets open for passengers and travellers, and any 
 huckster or vender of goods, refusing to clear the sidewalks in 
 front of his stand for passengers, or causing the footways or side- 
 walks to be blocked up in exhibiting or selling his produce or 
 Penalty, goods, shall for each and every offence forfeit and pay the sum of 
 five dollars, to be collected and paid into the treasury for the use 
 of the borough. 
 
 Ail areas 9. All areas and steps, leading below the level of the pavement 
 vault grates shall be protected by railings, and all gratings over vaults shall be 
 ted* b P raii C * secure ty in such a manner as to render the passage of the 
 
 ings y ' streets safe at all times, and if any owner of property or tenant of 
 such property, where the owner thereof is a non-resident of the 
 borough, shall neglect or refuse to protect such areas or steps with 
 sufficient railing, or to cause such vault grates to be scurely fixed, 
 Penalty, such owner or tenant shall be liable to a penalty of five dollars for 
 every day after notice shall be given by the chief burgess or any 
 member of the town council, that such areas, steps, or grate vaults 
 are in an unsafe or dangerous condition. 
 drahi8 D &c t0 ^ ra * n be ma 4e from an y cesspool or privy vault into 
 
 any of the culverts of the borough without permission first ob- 
 tained from the town council at a stated meeting, under a penalty 
 of twenty dollars for every such offence, and no person shall be 
 allowed to deposit tan or any refuse in any of the water courses or 
 Penalty. public drains in the borough of Pottsville, under a like penalty of 
 twenty dollars for every such offence. 
 
 The manner H. The fines and penalties imposed by this ordinance shall be 
 fines & pen- recovered by suits in the name of the corporation of the borough 
 be^recover’d °^' Pottsville, in accordance with the acts of assembly in such 
 case made and provided, to be instituted by the direction of the 
 chief burgess or president of the town council. Passed Septem- 
 ber 20, 1859. 
 
 D. E. Nice, Prest. Council . 
 
 Attest — A. K. Whitner, Town Cleric. 
 
 I860. 
 
 XXIX. SUPPLEMENT 
 
 To an ordinance for the better regulation of streets and sidewalks in the borough of 
 Pottsville, passed the twentieth day of September A. D., 1859. 
 
 Be it ordained, &c., That from and after the publication of this 
 ordinance, it shall not be lawful for any person or persons to attach 
 or cause to be attached to any awning post or railing, or suspend 
 
43 
 
 I 860 . 
 
 -therefrom at a greater distance than three feet from the house or Regulating 
 premises occupied by him, her or them, any goods, meat, fish, 8ionof Pen " 
 poultry, market truck, merchandise, or any article whatever, under ^°^“ eat 
 a penalty of two dollars for every such offence, to be collected for houses, 
 the use of the borough as debts of a like amount are now by law 
 recoverable ; Provided , that in streets in which the sidewalks are Proviso, 
 not of a greater width than six feet, no articles as aforesaid shall 
 be attached or suspended as aforesaid, at a greater distance than 
 eighteen inches from the house or premises occupied as aforesaid, 
 under the above penalty. Passed February 21, 1860. Penalty, 
 
 D. E. Nice, Prest. Council. 
 
 Attest — A. K. Whitner, Town Clerk. 
 
 XXX. AN ORDINANCE 
 
 Supplementary to au ordinance passed the 31st day of May, A. D.,1S30, entitled “an 
 ordinance declaring several streets to be public highways and for other purposes.” 
 
 Sect. 1. Be it ordained, &c., That from and after the passage Relating to 
 of this ordinance, any person or persons intending to erect or re- ^pairing 0 * 
 pair any house, wall or building within this borough, and desiring buildings, 
 to occupy part of the street by placing a lime house or materials 
 for building thereon, shall apply to the chief burgess,' or in his 
 absence, to the chairman of the street committee, who shall view 
 the place, and if he thinks it necessary to have a lime house or to 
 lay building materials in the street, he shall allot such part of the 
 street as he shall think necessary and proper to accommodate the 
 owner or owners, and shall give him or them a written permit de- 
 scribing the space to be used, he, she or they paying for such per- 
 mit the sum of one dollar and fifty cents for each and every month 
 it may be deemed necessary to occupy the street for that purpose, 
 but no permit shall be issued for a part of a month for a less sum 
 than one dollar and fifty cents, and nothing herein contained shall 
 be so construed as to allow the depository of building materials in 
 the gutter. 
 
 Sect. 2. Any person or persons placing building materials in matedaL^o 
 any of the public streets or alleys in the borough of Pottsville, be placed in 
 without first obtaining a permit of the chief burgess, or in his a b- gt^without: a 
 sence, of the chairman of the street committee, shall be deemed permit from 
 guilty of committing a nuisance, and shall forfeit and pay, for the the burgess * 
 use of the borough, a fine not exceeding two dollars for every Penalty, 
 twenty-four hours such materials remain in the streets after notifi- 
 cation to remove the same. 
 
 Scot. 3 That section 3d of the ordinance entitled, “an ordi- Repeal, 
 nance declaring several streets to be public highways and for oth- 
 er purposes,” be, and the same is hereby repealed. Passed June 
 12, 1860. 
 
 Benj. Haywood, Prest. Council . 
 
 Attest — A. K. Whitner, Town Clerk . 
 
44 
 
 Application 
 for drains. 
 
 1861. XXXI. AN ORDINANCE 
 
 Relating to the culverts in the borough of Pottsville. 
 
 Sect. 1. Be it ordained, &c., That no opening shall be made 
 into any of the borough culverts excepting for borough purposes, 
 by any person without a permit in writing signed by the town 
 clerk, which permit shall not be given until the applicant shall 
 deliver to the town clerk an application for such permit, endorsed 
 by at least two members of the street committee, as decided in the 
 second section of this ordinance, and a receipt of the treasurer of 
 the borough for five dollars paid into the treasury of the borough 
 for such permit. 
 
 Sect. 2. Any person being the owner of a house or lot of 
 ground near to any borough culvert, and desirous of connecting a 
 drain from such property with such culvert, may present an appli- 
 cation in writing to the street committee stating the property from 
 which the drain is purposed to be made, the size of the drain, 
 and the purpose for which the drain is intended, and if the street 
 committee, upon due consideration of the matter, are of opinion 
 that the application should be granted, they shall endorse upon the 
 application the words u granted,” and the date on which the same 
 is done, and they or any two of them shall sign their names to the 
 endorsement, which shall be the warrant for the treasurer to receive 
 from the applicant the charge for the permit and to the town clerk 
 for issuing the same. 
 
 Sect. 3. The permit granted as aforesaid, shall be an authority 
 for the applicant to lay the drain mentioned in the application in 
 the streets, and to make the connection with the culvert designated 
 under the direction of the street committee or such person as they 
 appoint. 
 
 Sect. 4. The permit granted as aforesaid, is granted only and 
 shall be accepted by the applicant only upon the condition that no 
 claim or action against the borough shall ever be made or institu- 
 ted for any damages or injury that may be sustained in consequence 
 of the said drain being cut off, or rendered useless from the cul- 
 vert or culverts of the borough being at any time removed or the 
 grade or size thereof altered, or from any other cause whatever, or 
 from any obstruction in the said culverts, whether the same shall 
 result from accident or negligence on the part of the borough or 
 its officers, or from any other cause whatever, and the granting of 
 such permit, and the making of any connection under it shall not 
 prevent the borough from having the absolute and entire control of 
 the culvert into which any drain may be made as fully as if the 
 permit had never been granted. 
 
 Penalty. Sect. 5. If any connection be made into any of the culverts of 
 the borough by any person or persons without a permit as above 
 provided, each and every person ordering, directing or making 
 such drain as owner of the premises, tenant, occupier, agent, con- 
 tractor, workman or laborer, or otherwise, shall forfeit and pay a 
 
 Permit to be 
 sufficient 
 authority to 
 connect 
 drains with 
 culverts. 
 
 Conditions 
 on which 
 permits are 
 to be grant- 
 ted. 
 
45 
 
 fine of not less than ten nor more than fifteen dollars, to be recov- 1861. 
 ered in the manner directed by the act of assembly in such cases 
 made and provided, and the connection so made shall be cut off at 
 the expense of the persons ordering, directing or making the same, 
 or any of them. 
 
 Sect. 6 . The town council expressly reserves the right to cut Reservation 
 off any drain that may be made under any permit, wherever, in councU. 0 ^ 
 the opinion of the town council, it is necessary for the public in- 
 terest that the same shall be done, and from time to time to make 
 such rules and regulations relating to drains connecting with any 
 borough culvert as they may deem proper. Passed Nov. 5, 1861. 
 
 Milton Boone, Prest . Council . 
 
 Attest — A. K. Whitner, Town Clerk . 
 
 NXXII. AN ORDINANCE 
 
 Relating to the market and sales of marketing in the borough of Pottsville. 
 
 Sect. 1 . Be it ordained, &c., That the market hours in the bo- 
 rough of Pottsville are hereby declared to be as follows : — From 
 the first day of October until the first day of April, every day ex- 
 cepting Sunday, until eleven o’clock in the forenoon ; and from 
 the first day of April until the first day of October, every day ex- 
 cepting Sunday, until nine o’clock in the forenoon, and no person 
 or persons shall, during market hours, buy or cause to be bought in 
 gross and for the purpose of selling again, any article of provision, 
 vegetable, fruit or other article or marketing, excepting only flour, 
 meal, corn, wheat, rye, oats, or other grains, under a penalty of 
 five dollars. 
 
 Sect. 2. Each and every person selling any article of provision 
 or marketing from any wagon, sled or vehicle in any street or alley 
 of this borough, shall place such wagon, sled or vehicle near to 
 the curbstone, and in such a manner as not to obstruct the travel- 
 ing on the streets, and not to obstruct the crossings under the 
 penalty of five dollars for each offence. 
 
 Sect. 3. All butter and lard or any other article of accustomed 
 weight or given measure, exposed for sale within the borough shall, 
 if found deficient in weight or measure by the chief burgess, be 
 seized by him and forfeited for the use of the borough. 
 
 Sect. 4 If any person shall sell or expose to sale within the 
 limits of the borough any beef, pork, mutton, lamb, veal, poultry, 
 fish or other article of food that shall be found to be diseased, 
 tainted, blown, stale, or unwholesome, or in any manner rendered 
 unfit for use, or any veal which when killed shall not have been of 
 the age of four weeks, such articles shall be forfeited, and the of- 
 fender or offenders shall incur a penalty of five dollars for the first 
 offence, and for each repetition of the offence the penalty of ten 
 dollars. 
 
 Sect. 5. The ordinance entitled u An ordinance for the regula- 
 tion of markets in the borough of Pottsville,” pased August 6, 
 
 Hours for 
 Markets. 
 
 Penalty. 
 
 Regulations 
 for placing 
 vehicles. 
 
 Penalty. 
 
 Marketing 
 to be of full 
 weight and 
 measure. 
 
 Unwhole- 
 some food to 
 be forfeited. 
 
 Penalty, 
 
 Repeal of 
 former ordi- 
 nance. 
 
46 
 
 1861 . 1861, and all former ordinances relating to markets in the borough 
 
 of Pottsville are hereby repealed. Passed December 20, 1861. 
 
 Jeremiah Reed, Prest . Council . 
 Attest— A. K. Whitner, Town Clerk . 
 
 (Sririnsncts f einting to % ®htmtmn af % fSnssage af 
 % streets bg Crnlwbs nr Magnus. 
 
 1858 . 
 
 XXXIII. AN ORDINANCE 
 
 To prevent annoyance to persons passing through the streets of Pottsville. 
 
 Crowds de- Sect. 1 . Beit ordained, &c., That all crowds and assemblies of 
 dared nui- idle menandboysat the corner of the streets, or on the sidewalks, 
 sances. or j Q f ron jj 0 f pl aces 0 f religious worship within the borough, 
 whereby the passage of the footways are obstructed, are hereby for- 
 bidden and declared to be common nuisances, and each and every 
 person in such crowds or assemblies, wilfully affending against 
 pine this ordinance, shall be liable to a fine of one dollar, to be recovered 
 in the manner directed by the act of April 15, 1855, to be paid 
 into the treasury for the use of the borough. 
 
 Dut of the ® ECT * 2. The chief burgess is hereby authorized to institute all 
 burgess. 1 16 suits for the penalty imposed by this ordinance in the name of the 
 corporation of the borough of Pottsville. Passed June 1, 1858. 
 
 Daniel Schertle, Prest. Council . 
 
 Attest — Samuel Hartz, Town Clerk . 
 
 XXXIY. AN ORDINANCE 
 
 Regulating market wagons. 
 
 streets^not Be ft ordained, &c., That all persons bringing produce or provi- 
 strnc ed by sions for sale in wagons or other vehicles, may sell the same out of 
 gons kJtWa " wagons or vehicles at the sides of the road way near to the 
 curbstone of the several streets, and shall not permit nor suffer 
 their wagons or vehicles to stand in or near the middle of the 
 streets, and if any person or persons shall refuse to remove their 
 wagon or vehicle to the side of the street near to the curbstone 
 when, or as directed by the chief burgess or by the high constable, 
 Penalty, every such person shall forfeit and pay the sum of five dollars, to 
 to be recovered by suit in the name of the corporation of the bo- 
 rough of Pottsville, according to the provisions of the acts of as- 
 sembly in such case made and provided, and when recovered to be 
 paid into the treasury for the use of the borough. Passed De- 
 cember 7, 1858. 
 
 Daniel Schertle, Prest. Council. 
 
 Attest — Samuel Hartz, Town Clerk. 
 
47 
 
 lire f tap. 
 
 XXXV. AN ORDINANCE 1858. 
 
 To prevent persons from interfering, meddling with or using the fire plugs in the borough 
 of Pottsville. 
 
 Be it ordained, &c, That any person or persons who shall inter- ^^ating 
 fere or meddle with or use any of the fire plugs within the limits 1 P ' 
 of the said borough, excepting the regular members of either the 
 engine or hose companies, during the time of fires, and for the 
 purpose of washing their machinery or hose, without the written 
 consent of a member of the committee on fire apparatus, shall be 
 liable to a fine of twenty five dollars, to be recovered in the manner Penalty, 
 directed by the act of April 15, 1855, for the use of the borough. 
 
 Passed September 7, 1858. 
 
 Daniel Schertle, Prest. Council . 
 
 Attest — Samuel Hartz, Town Clerk . 
 
 ©dmratttts Mto in Jam. 
 
 A SUPPLEMENT 
 
 To the ordinance for the regulation of slaughterhouses. (Relating 
 to Philip Brill’s slaughter house.) Passed April 21, 1837. Or- 
 dinance book, page 17. 
 
 AN ORDINANCE i84t. 
 
 For regulating, curbing and paving the sidewalks and gutters 
 in Mahantongo street. Passed August 18, 1841. Ordinance 
 book, page 22. 
 
 AN ORDINANCE i 84S# 
 
 For regulating, curbing and paving Market street, from Centre 
 street to the upper culvert, and Adams street from Market 
 street to High street. Passed May 26, 1843. Ordinance book, 
 page 24. 
 
 AN ORDINANCE 
 
 For regulating, curbing and paving the sidewalks and gutters in 
 part of Centre and Railroad streets. Passed July 25, 1843. Or- 
 dinance book, page 26. 
 
 AN ORDINANCE 
 
 Establishing the grade and fixing the width of the sidewalks or 
 footways in Downing street. Passed May 4, 1858. Ordinance 
 book, page 42. 
 
48 
 
 1858 . 
 
 1859 . 
 
 AN ORDINANCE 
 
 Establishing the grade and fixing the width of the sidewalks in 
 part of Adams street. (The first section of this ordinance estab- 
 lishing the grade was repealed by ordinance of September 7, 
 
 1858. ) Passed May 4, 1858. Ordinance book, page 42. 
 
 AN ORDINANCE 
 
 Establishing the grade and fixing the width of the sidewalks in a 
 part of Harrison street. Passed May 4, 1858. Ordinance book, 
 page 43. 
 
 AN ORDINANCE 
 
 Establishing the grade and fixing the width of the sidewalks or 
 footways in a part of Spring street. Passed May 4 ; 1858. Or- 
 dinance book, page 43. 
 
 AN ORDINANCE 
 
 Establishing the grade and the width of the foot pavements in 
 High street westward of Third street. Passed July 6, 1858. 
 Ordinance book, page 44. 
 
 AN ORDINANCE 
 
 Establishing the grade and foot pavements in Hill street from 
 High street to Harrison street. Passed July 6, 1858. Ordi- 
 nance book, page 45. 
 
 AN ORDINANCE 
 
 Altering the grade in Adams street between Sanderson and Har- 
 rison streets. Passed Sept. 7, 1858. Ordinance book, page 46. 
 
 AN ORDINANCE 
 
 Establishing the grade of pait of Washington street. Passed 
 October 5, 1858. Ordinance book, page 47. 
 
 AN ORDINANCE 
 
 Establishing the grade and width of foot pavements in Arch 
 street between George and Jackson streets. Passed May 3, 1859. 
 Ordinance book, page 48. 
 
 AN ORDINANCE 
 
 Establishing the grade in East Centre street in Greenwood Addi- 
 tion, between Washington and Jefferson streets. Passed July 19, 
 
 1859. Ordinance book, page 48. 
 
 AN ORDINANCE 
 
 Establishing the grade in Coal street and part of Market street 
 in Morris’s Addition to Pottsville. Passed July 19, 1859. Or- 
 dinance book, page 49. 
 
 AN ORDINANCE 
 
 Establishing the grade in Sanderson street. Passed July 19, 
 1859. Ordinance book, page 50. 
 
49 
 
 + 
 
 AN ORDINANCE lS59 . 
 
 Establishing the width of sidewalks or foot pavements in Mauch 
 Chunk street. Passed September 6 ; 1859. Ordinance book, 
 page 52. 
 
 AN ORDINANCE 
 
 Establishing the grade and fixing the width of the sidewalks in 
 parts of George and East Market streets in the borough of Potts- 
 ville. Passed September 6, 1859. Ordinance book, page 52. 
 
 AN ORDINANCE 
 
 Establishing the width of foot pavements in a part of Callowhill 
 street. Passed November 15, 1859 Ordinance book, page 56. 
 
 AN ORDINANCE. i 860 . 
 
 Establishing the width of footways in Minersville street. Passed 
 June 19, 1860. Ordinance book, page 58. 
 
 AN ORDINANCE 
 
 Regulating the foot pavements in Schuylkill avenue. Passed 
 August 7, 1860. Ordinance book, page 58. 
 
 AN ORDINANCE 
 
 Regulating the width of footways in Church alley, Lyons street 
 and parts of Coal and Callowhill streets. Passed September 4, 
 
 1860. Ordinance book, page 59. 
 
 AN ORDINANCE. 1863. 
 
 Regulating the pavements and curbing in parts of Coal and Union 
 streets. Passed June 3, 1862. Ordinance book, page 65. 
 
 AN ORDINANCE 
 
 Regulating the foot pavements and curbing in East Market street, 
 between Jackson and Tremont streets. Passed August 5, 1862. 
 Ordinance book, page 66. 
 
 $ci flf JlssmMg feinting to fpnnitipl (Miters. 
 
 ACT OP MARCH 81, 1860. 1860 . 
 
 Pamphlet Laws 399. 
 
 ( Penalty for embezzlement of 'public funds.') 
 
 Sect. 65. If any state, county, township or municipal officer of Embezzie- 
 this commonwealth, charged with the collection, safe keeping, trails- ™ c e |^& ub 
 fer or disbursement of public money, shall convert to his own use, 
 in any way whatsoever, or shall use by way of investment in any 
 kind of property or merchandise, any portion of the public money 
 
50 
 
 1860. intrusted to him for collection, safe keeping, transfer or disburse- 
 ment, or shall prove a defaulter, or fail to pay over the same when 
 thereunto legally required by the state, county or township trea- 
 surer, or other proper officer or person authorized to demand and 
 receive the same, every such act shall be deemed and adjudged to 
 be an embezzlement of so much of said money as shall be thus 
 taken, converted, invested, used or unaccounted for, which is here- 
 by declared a misdemeanor ; and every such officer, and every 
 person or persons whomsoever aiding or abbetting, or being in any 
 way accessory to said act, and being thereof convicted, shall be 
 sentenced to an imprisonment, by separate or solitary confinement 
 at labor, not exceeding five years, and to pay a fine equal to the 
 amount of the money embezzled. 
 
 ( Councilmen not to hold any office subordinate to the Council or 
 be surety for such officers , or interested in any contracts for 
 supplies or materials .. 
 
 Sect. 66. It shall not be lawful for any councilman, burgess, 
 trustee, manager or director of any corporation, municipality or 
 public institution, to be at the same time a treasurer, secretary or 
 to^b^ r fnter- °ther officer, subordinate to the president and directors, who shall 
 ested in con- receive a salary therefrom, or be the surety of such officer, nor 
 shall any member of any corporation or public institution, or any 
 officer or agent thereof, be in any wise interested in any contract 
 for the sale or furnishing of any supplies, or materials to be fur- 
 nished to, or for the use of any corporation, municipality or public 
 institution of which he shall be a member or officer, or for which 
 he shall be an agent, nor directly nor indirectly interested therein, 
 nor receive any reward or gratuity from any person interested in 
 such contract or sale ; and any person violating these provisions, 
 or either of them, shall forfeit his membership in such corporation, 
 municipality or institution, and his office or appointment thereun- 
 Eorfeiture ^ er > an ^ shall be held guilty of a misdemeanor, and on conviction 
 thereof be sentenced to pay a fine not exceeding five hundred dol- 
 lars : Provided, That nothing in this section contained, shall pre- 
 Proviso vent a vice-president of any bank from being a director of such 
 bank, or of receiving a salary as vice-president. 
 
 Juris of J^sstrafrlg ^dating to tagrants. 
 
 ACT OF JUNE 13, 1856. 
 
 - Section 10, Pamphlet Laws 522. 
 
 looo. 
 
 The following described persons shall be liable to the penalties 
 imposed by law upon vagrants : 
 
 Who to be I. All persons who shall unlawfully return into any district, 
 ~ va - whence they have been legally removed, without bringing a certi- 
 ficate from the city or district to which they belong. 
 
 II. All persons who, not having wherewith to maintain them- 
 
51 
 
 1850. 
 
 selves and their families, live idly and without employment, and 
 refuse to work for the usual and common wages given to other la- 
 borers in. the like work, in the place where they then are. 
 
 III. All persons who shall refuse to perform the work which 
 shall be allotted to them by the overseers of the poor as aforesaid. 
 
 IV. All persons going about from door to door, or placing them- 
 selves in streets, highways or other roads, to beg or gather alms, 
 and all other persons wandering abroad and begging. 
 
 V. All persons who shall come from any place without this com- 
 monwealth, to any place within it, and shall be found loitering or 
 residing therein, and shall follow no labor, trade, occupation or 
 business, and have no visible means of subsistence, and can give 
 no reasonable account of themselves, or their business in such place. 
 
 ACT OF FEBRUARY 21, 1767. ^ 
 
 Section 1, 1 Sm. 2G9. 
 
 1. It shall and maybe lawful for any justice of the peace of the Duty of j ug „ 
 county where such idle and disorderly persons shall be found, to tices of the 
 commit such offenders (being thereof legally convicted before him, peace * 
 
 on his own view, or by the confession of such offenders, or by the 
 oath or affirmation of one or more credible witness or witnesses) to the 
 workhouse of the said county, if such there be, otherwise to the com- 
 mon jail of the county, there to be kept at hard labor, by the keep- 
 er of such workhouse or jail, for any time not exceeding one month. 
 
 2. If any person shall be found offending in any township ° r D Utyo f Con ^ 
 place, against this act, it shall and may be lawful for any constable stables. 
 
 of such township or place, and he is hereby enjoined and required, 
 on notice thereof given him by any of the inhabitants thereof, to 
 apprehend a*nd convey, or cause to be conveyed, such person so 
 offending to a justice of the peace of the county, who shall exam- 
 ine and try such offenders, and on such confession or proof, shall 
 commit them to the workhouse or jail of the county, there to be 
 kept at hard labor during the term aforesaid ; and if any constable 
 after such notice given as aforesaid, shall refuse or neglect to use 
 his best endeavors to apprehend and convey such offenders before 
 the justice of the peace aforesaid, being thereof legally convicted 
 before such justice of the peace, every such constable shall forfeit 
 and pay to the overseers of the poor of the township, or place 
 where such offence shall be committed, to the use of the poor 
 thereof, the sum of ten shillings, to be levied by distress and sale 
 of the offender’s goods, by warrant from such justice, and the over- 
 plus, if any, after the charge of prosecution and of such distress 
 shall be satisfied, shall be returned to such offender. 
 
 3. Any person or persons who shall conceive him, her or them- Appeal af 
 selves aggrieved by any act, judgment or determination of any lowed - 
 justice or justices of the peace out of sessions, in and concerning 
 
 the execution of this act, may appeal to the next general quarter 
 sessions of the city or county, giving reasonable notice thereof, 
 whose orders thereupon shall be final. 
 
52 
 
 Itonncr cf $ rombing for % f entities fmtrM for a 
 fioMott of % (Srbinimcw. 
 
 COMMON PLEAS.— THE CITY v. DUNCAN. 
 
 (From the Legal Intelligencer of Nov. 23, 1860.) 
 
 Proceedings instituted before magistrates for the recovery of fines for the violation of 
 borough or city ordinances, are not summary proceedings technically so called, but are 
 in the nature of civil suits for the recovery of debts ; and therefore the magistrate, in 
 such a case, need not state upon the record the evidence upon which the conviction was 
 based. 
 
 Every record of a conviction or judgment against a defendant for the violation of an 
 ordinance must show 
 
 1. That the magistrate had jurisdiction of the subject matter. 
 
 2. The section of the ordinance violated. 
 
 3. That the penalty imposed conforms to the fine. * 
 
 4. That evidence was adduced in support of the charge, or that the defendant confess- 
 ed it. 
 
 5. That witnesses were sworn or affirmed. 
 
 6. That the offence was committed within the city or borough enacting the ordinance. 
 
 7. That judgment was duly entered against the defendant. 
 
 If the record omit to show any of these findings, the judgment will be reversed. 
 
 CERTIORARI. 
 
 Allison, J. — This is a proceeding to recover a penalty for an 
 alleged violation of a city ordinance, and the exceptions are all 
 based upon the assumption that this is summary conviction, that 
 the magistrate has failed to comply with the strict requirements 
 of the law in such cases, and among other exceptions taken it is 
 assigned for error, that the evidence upon which the conviction is 
 based, has not been stated by the alderman upon his record, that 
 the court may judge whether the defendant has been lawfully 
 convicted. 
 
 But it is a mistaken view of the law to suppose that a proceed- 
 ing under a city or borough ordinance imposing a fine, is what is 
 technically called a summary proceeding, which, strictly speaking, 
 is a criminal prosecution. It is a mode of punishment for a pub- 
 lic crime or offence, which must always be commenced in the name 
 of the Commonwealth, and is founded upon information or com- 
 plaint which should generally be in writing. It is the record of a 
 magistrate’s proceeding upon a penal statute, for the violation of 
 which a defendant has been convicted and sentenced. In no case 
 can a summary conviction be sustained unless it has express legis- 
 lative sanction to warrant it ; and as this mode of judicature is in 
 derogation of the common law, and operates to the exclusion of 
 trial by jury, the superior courts have rigidly confined its author- 
 ity to the strict letter of the statute authorizing the proceeding, 
 and it is required, that rules similar to those adopted by the com- 
 mon law in criminal prosecutions, must be observed, unless the 
 
statute dispenses with the form of stating them ; 1 Burr. G18 ; 4 
 Burr. 2281. 
 
 Summary convictions, therefore, are such as are directed by 
 statute for the conviction of offenders and the infliction of penal- 
 ties ; there is no intervention by jury, unless specially allowed ; 
 but the party accused is acquitted or condemned, by the decision 
 of such person as may bs appointed by the statute for the judge ; 
 4 Black. Com. 281, 282; Paley on Convic. 1; 1 Amer. Law 
 Jour. 246. 
 
 The suit instituted in this case is not pretended to be founded 
 upon statute law, but upon a municipal ordinance, and is therefore 
 wanting in the first prerequisite of a summary conviction ; for apart 
 from the question as to whether the legislature could confer upon 
 councils the authority to pass ordinances empowering magistrates 
 to proceed by summary conviction, the fact stands, that no such 
 power or an approach to. it, can be found in the charter of the city 
 of Philadelphia. Judge Gibson says, in Baxter v. Comm’th, 8 
 Penna Rep. 255, “ Admitting, then, as seems to have been done 
 by Lord Mansfield, in Hesketh v. Braddock, 3 Burr. 1858, that a 
 corporation may provide by its inherent powers, for the recovery 
 of a penalty from its own members, by action of debt in its own 
 court, the question occurs, what is the individual jurisdiction of 
 these aldermen? or what, in subordination to the Constitution, is 
 the legislative power of the corporation by the provisions of its 
 charter V’ The city, doubtless, has full power to enact ordinances 
 for the proper regulation and government of the municipality, and 
 among other things to prescribe penalties, and authorize their re- 
 covery by suit ; but beyond this it may not go, without the clear- 
 est legislative authority, and in the case just cited, the Chief 
 Justice holds, that where a charter purports to confer power of 
 imprisonment on summary conviction, and without appeal to a jury, 
 it would so far be unconstitutional and void. 
 
 In Pennsylvania, magistrates may convict offenders under the 
 several acts of assembly of gambling, horse racing, profane cursing 
 and swearing, drunkenness, sabbath-breaking by worldly employ- 
 ment, and vagrancy. The jurisdiction of the magistrate and his 
 form of proceeding in each case must conform to the statute ; and 
 in all cases where the proceedings are as at common law, that is, 
 where no form of conviction is prescribed in the act of assembly, 
 the evidence must be set out upon the face of the conviction ; but 
 where the statute prescribes the form of conviction the magistrate 
 need do no more than follow the form laid down, as under the act 
 of 1794 for the prevention of vice and immorality. Comm’th v. 
 Wolf, 8 S. & R. 48. 
 
 Proceedings for the recovery of fines, therefore, for the violation 
 of borough or city ordinances, are not summary proceedings, but 
 are properly of a civil nature, and must be regulated and decided 
 by rules applicable to civil suits, although being penal in their 
 character some of the principles relative to summary proceedings 
 
54 
 
 are applicable to them. The Mayor v. Mason, 4 Dali. 266 ; 
 Mayor v. Nell, 4 Yeates, 475, and Baxter v. The Oomm'th, were 
 instituted under city ordinances, and seem to have been treated as 
 summary convictions, but in neither of these cases was the point 
 made, or decided by the court. Ordinances prescribing penalties, 
 generally authorize their recovery before magistrates, as debts of a 
 like nature and amount are recoverable, but whether designated as 
 debts or not, suits for their recovery are civil suits, and must be 
 instituted, not in the name of the commonwealth, as in cases of 
 summary convictions ; but where the entire penalty is for the ben- 
 efit of the city, the corporate name of the city should be used as 
 plaintiff ; where the whole penalty is given to any one who may 
 sue, the suit should be entitled the city in its corporate name to 
 the use of the informer, naming him ; and where it is changed 
 into a qui tam action, one portion of the penalty going to the in- 
 former and the other to the city, the informer should be named as 
 plaintiff, suing for himself as well as for the city. Every record 
 of a conviction or judgment against a defendant for the violation 
 of an ordinance, must show that the magistrate had jurisdiction of 
 the subject matter of the suit; the section of the ordinance 
 violated must be specified; the penalty imposed must conform to 
 the fine, being neither greater nor less in amount ; that evidence 
 was adduced in support of the charge, or that the defendant con- 
 fessed the same; that witnesses were either sworn or affirmed; 
 that the offence was committed within the city or borough enact- 
 ing the ordinance, and that judgment was duly entered against 
 the defendant. This suit was instituted to recover a fine of $20, 
 imposed under the 4th sect, of the ordinance of April 14th, 1859, 
 for selling meat in South street, the same not being the produce 
 of the defendant's own farm. The alderman does not find that 
 the offence was committed within the limits of the city of Phila- 
 delphia : -for this reason the judgment must be reversed. 
 
 The owner of a building injured by a change in the grade of the street, 
 cannot recover damages from the corporation which made the alteration, 
 under an authority from the legislature to “improve, repair, and keep 
 in order the streets, alleys, and highways.” O’Connor v. Pittsburg, 6 
 H. 187* See, also, Green v. The Borough of Reading, 9 W. 382 ; May- 
 or v. Randolph, 4 W. & S. 516. 
 
 A municipal corporation is not resposible for an injury occasioned by 
 the negligence of contractors with it, or their agents and servants. The 
 remedy for the injury is against the contractors alone. Painter v. Pitts- 
 burg, 10 Wright 213. 
 
 A municipal corporation is not liable in damages which result from 
 digging a trench in one of the public streets by a private individual 
 under a license from the corporate authorities, for the purpose of making 
 a connection with the main conduit pipe for distributing water to the 
 inhabitants and neglecting to properly fill up the same. The Borough 
 of West Chester v. Apple et al., 11 Casey 284. 
 
APPENDIX. 
 
 Jitts flf $ssm&Ig relating to % §amtgli al fottstollc. 
 
 ACT OF MARCH 14th, 1850. i860. 
 
 Pamphlet Laws 220. 
 
 Sec. 1. Be it enacted &c., That the town council of the cor- powers* 1 
 poration of the borough of Pottsville, shall have full power an< ^ t fe a Borou?h 
 authority, and they are hereby enjoined and required to lay out,ofPottsviife. 
 enlarge and open a certain court or alley, marked on the map or 
 plan of said Borough as Logan's court, so that the same shall 
 connect with and open out in to East Market street, or Contention 
 alley on the south, and with Callowhill street on the north, and 
 be made of the width of twenty feet throughout, and remain a 
 public street or highway of the borough aforesaid ; the said cor- 
 poration are also enjoined and required to lay out, enlarge and open 
 a twenty feet wide alley, from Callowhill street to High street, 
 parallel to Centre street, at the distance of one hundred and forty- 
 two feet from Centre street, between Second street and Centre 
 street, in tne borough of Pottsville aforesaid. 
 
 Sec. 2. The owner or owners of any lot or land through which Damages* 
 said street shall be opened out as aforesaid, may apply to the town ad j^ d 
 council of the corporation aforesaid within one year from the 
 opening of the same, by petition, setting forth the injury he, she 
 or they may have sustained thereby; and thereupon it shall be 
 the duty of the council aforesaid, to appoint one disinterested 
 person, and the said petitioner may appoint a second, and the two 
 persons, thus chosen, a third, whose duty it shall be, after being 
 duly sworn or affirmed, well and truly to view the premises and 
 justly to assess the damages, if any, which said petitioner may 
 have sustained, considering the advantages of said street to said 
 petitioner, and the said viewers, or a majority of them, shall file 
 their report with the town council aforesaid, which said report 
 shall be final and conclusive on all parties thereto, and thereupon 
 it shall be the duty of the corporation aforesaid to pay the amount 
 so found, if anything, to the said petitioner, or his or her legal 
 representatives ; Provided , That nothing herein contained shall 
 prevent any owner or owners of lots or land as aforesaid, from 
 bringing his, her or their suit or suits in the court of common 
 pleas of Schuylkill county, to recover damages for the opening 
 out of the alleys or courts as aforesaid, or to recover the amount 
 
11 . 
 
 of damages which the said viewers as aforesaid may assess, in case 
 the said corporation do not pay the same within thirty days from 
 the time the report as aforesaid shall be filed. 
 
 1851 . ACT OF APRIL 8th, 1851. 
 
 Pamphlet Laws 373. 
 
 Sec. 5. That the town council of the corporation of the bo- 
 the°Borough rou ^ °f Pottsville are hereby enjoined and required to lay out, 
 of Pottsvilieenlarge and open a twenty feet wide alley from Union street, be- 
 toopen a tween Centre and Second street, thence running southwardly and 
 certm alley, parallel to Centre street, to an alley running from Centre to Second 
 street, between the property of Joseph S. Silver and the property 
 late of James Donnelly, deceased, the centre of said alley to be at 
 the distance of one hundred and sixty feet westwardly from Centre 
 street, in said borough. 
 
 Sec. 6. That the town council of the corporation of the bo- 
 authorized rough of Pottsville, in the county of Schuylkill, shall have the 
 andojfen a P ower an( * authority, and it is hereby enjoined and required to lay 
 <cert’n alley, out, enlarge and open a certain court or alley in the said borough, 
 now partly laid out and opened through the square or block of 
 ground bounded on the north by East Market street or Conten- 
 tion alley, on the south by Norwegian street, on the west by 
 Centre street, and on the east by Railroad street, so that the said 
 court or alley shall be laid out and opened of the width of twenty 
 feet through said block or square of ground and in a line with 
 Logan street, from said East Market street or Contention alley 
 to Norwegian street, in the borough aforesaid ; Provided , That 
 any damages which may be sustained by the owner or owners of 
 any of the lots of ground through which the said courts or alleys, 
 mentioned in this and the foregoing section, shall pass, shall be 
 assessed and adjusted agreeably to . the provisions of the second 
 section of the act of the General Assembly of Pennsylvania, pass- 
 ed the fourteenth day of March, Anno Domini, one thousand 
 eight hundred and fifty, entitled “An act to authorize the town 
 council of the borough of Pottsville to open and enlarge Logan's 
 court, and to open and enlarge an alley between Second and Centre 
 street, in the borough of Pottsville, Schuylkill county, in relation 
 to streets in Freeport and Easton, and in relation to a private 
 railroad in Phoenixville, and to vacate a certain road in the borough 
 of Northumberland." 
 
 1852. act OlP MARCH 27th, 1852. 
 
 Pamphlet Laws 648. 
 
 MarketriSt! Sec. 1 . Be it enacted &c., That Samuel Lewis, Patrick Fogarty, 
 Samuel Morris, John Clayton and Henry L. Cake or a majority of 
 them are hereby appointed commissioners to view, lay out, and ex- 
 tend Market street in the borough of Pottsville from Centre street 
 to Coal and George streets, and after being duly sworn or affirmed 
 
111 . 
 
 to perform the duties enjoined upon them by this act with impar- 
 tiality and fidelity, they or a majority of them shall proceed as 
 soon after the passage of this act as convenient, to attend to the 
 duties above specified, and if in the opinion of a majority of them 
 said Market street ought to be opened and extended as aforesaid to 
 Coal and George streets, then they shall make out a plot or draft 
 of said streets so to be opened and extended as aforesaid by its 
 courses and distances, having regard to the best ground, and doing 
 the least damage to property ; and they shall also make report of 
 the width of said extended street, which shall not be less than 
 thirty feet, under the hands and seals of a majority of them, to the 
 court of quarter sessions of the county of Schuylkill to be entered 
 of record, and thereupon the said street shall become a public 
 highway, and it shall be the duty of the town council of the said 
 borough of Pottsville to proceed forthwith to open the said street 
 as far as said Coal street. 
 
 Sec. 2. That before any streets or alleys in said borough shall 
 be laid out and opened in pursuance of this act, the parties wishing 
 or desiring the laying out and opening of said streets or alleys 
 respectively shall first enter into an obligation, with sufficient 
 sureties, to be approved of by the court of common pleas for said 
 county, to pay all damages that may be awarded or adjudged to 
 property holders through whose property said streets or alleys shall 
 pass; either by virtue of proceedings under the provisions of this 
 section or by suits of law; and that any party aggrieved by the 
 laying out and opening of said streets or alleys, respectively, as 
 aforesaid, may apply to the court of common pleas for said county 
 for the appointment of a jury of six disinterested and judicious men 
 to value and appraise the damages done to the property of the peti- 
 tioner by reason of the laying out and opening of such street or 
 alley, taking into consideration all the advantages resulting there- 
 from, whereupon said court shall appoint said jurors as aforesaid, 
 and direct what notice shall be given to the parties who shall 
 enter into said obligation as aforesaid, of the time and place of 
 meeting of said jurors who shall have authority to adjourn from 
 day to day ; and said jurors, after first being duly sworn or affirmed 
 to well and truly value and appraise the damages done to said pe- 
 titioner, taking into consideration the advantages as aforesaid, shall 
 proceed to view and inspect the premises, and hear all legal evi- 
 dence pertinent to the issue that may be offered on either side, 
 and shall then make up their award or verdict, fixing the amount 
 of damages to be paid by the parties to the obligation as aforesaid ; 
 which said award or verdict shall be reduced to writing and sub- 
 scribed under their respective hands and seals and returned to 
 the next succeeding term of said court, whereupon the said court 
 shall enter judgment for the amount of such award or verdict 
 against the parties entering into said obligation as aforesaid, which 
 said judgment shall be final and conclusive and may be proceeded « 
 upon as other judgments entered in said court. 
 
 1852 - 
 
IV. 
 
 1854. 
 
 1854. 
 
 Adams St. 
 
 1855. 
 
 Coal Str. in 
 Morris Ad 
 dition. 
 
 Sec 3. That it shall also be the duty of the said commissioners 
 to view, lay out, and enlarge Coal and George streets between 
 Callowhill and High streets, and if in the opinion of a majority of 
 them the said street ought to be opened and enlarged as aforesaid, 
 then they shall make out a plot or draft of said street so to be 
 opened and enlarged by its courses and distances, and report the 
 width of said enlarged street to the court of quarter sessions in the 
 said county of Schuylkill to be entered of record, and thereupon 
 the said street so enlarged shall be deemed and taken to be a 
 public highway ; and it shall be the duty of the town council of 
 the said borough to proceed forthwith to open the said street, 
 Provided always , That on the petition of any owner of land through 
 which the said street shall or may be opened and enlarged, to the 
 court of quarter sessions of the said county, representing that he 
 has sustained damages, the same proceedings shall and may be had 
 as in the preceding section. 
 
 ACT OF MARCH 28d, 1854. 
 
 Pamphlet Laws 1S9* 
 
 Sec 1. Be it enacted &c., That the town council of the corpo- 
 ration of the borough of Pottsville, in the county of Schuylkill, 
 shall have the power and authority, and it is hereby enjoined and 
 required to lay out, enlarge and open Second or Adams street be- 
 tween Norwegian and Mahantongo streets in said borough of Potts- 
 ville, that the said Second or Adams street shall be laid out and 
 opened of the width of forty feet through said block or square of 
 ground ) Provided , That any damages which may be sustained by 
 the owner or owners of any lots of ground through which the said 
 Second street shall be opened as aforesaid, shall be assessed and 
 adjusted agreeably to the provisions of the second section of the 
 act of the general assembly of Pennsylvania passed the fourteenth 
 day of March, Anno Domini, one thousand eight hundred and fifty, 
 entitled “an act to authorize the town council of the borough of 
 Pottsville to enlarge Logan’s court and to open and enlarge an 
 alley between Second and Centre streets in the borough of Potts- 
 ville, Schuylkill county ; in relation to streets in Freeport and 
 Easton ; and in relation to a private railroad in Phoenixville ; and 
 to vacate a certain road in the borough of Northumberland.” 
 
 ACT OF FEB. 14, 1855. 
 
 Pamphlet Laws 32. 
 
 Sec. 1. Be it enacted &c.. That the town council of the borough 
 of ( Pottsville in the county of Schuylkill be and they are hereby 
 authorized to have Coal street in Morris’s addition to Pottsville 
 surveyed, laid out, graded and opened on the west side of the 
 Mount Carbon railroad to the width of twenty feet on the original 
 
V. 
 
 Sine of said Ooai street, and that in consideration of the Mount 
 Carbon railroad company changing the location of their railroad, 
 where the same may be necessary so as to accommodate the said 
 twenty feet wide street, and building and keeping in repair a sub- 
 stantial stone wall to protect the same ; the said town council are 
 hereby authorized and empowered to release to the use of the said 
 Mount Carbon railroad company for their railroad the remaining 
 thirty feet in width of the east side of said Coal Street. 
 
 ACT OF MAY 7, 1855. 
 
 Pamphlet Laws 474; 
 
 Sec. 6. That the town council of the corporation of the borough 
 of Pottsville, in the county of Schuylkill shall have the power and 
 authority, and it is hereby enjoined and required, to lay out, 
 enlarge and open a certain court or alley in the said borough now 
 partly laid out and opened through the square or block of ground 
 bounded on the north by Norwegian street, on the south by 
 Mahantongo street, on the west by Fifth street, and on the east by 
 Fourth sfreet, so that the said court or alley shall be laid out and 
 opened of the width of twenty feet through said block or square of 
 ground and parallel with Mahantongo street from said Fourth 
 street to Fifth street in the borough aforesaid ; Provided , That 
 any damages which may be sustained by the owner or owners of any 
 of the lots of ground through which the said court or alley mention- 
 ed in this section shall pass, shall be assessed and adjusted agreeably 
 to the provisions of the second section of the act of the general 
 assembly of Pennsylvania, passed the fourteenth day of March, 
 Anno Domini, one thousand eight hundred and fifty, entitled “ an 
 act to authorize the town council of the borough of Pottsville to 
 open and enlarge Logan's court, and to open and enlarge an alley 
 between Second and Centre streets in the borough of Pottsville, 
 Schuylkill county; in relation to streets in Freeport and Easton, 
 and in relation to a private railroad in Phoenixville, and to vacate 
 a certain road in the borough of Northumberland. 
 
 ACT OF APRIL 21st, 1856. 
 
 Pamhplet Laws, 497. (See Post VI.) 
 
 (Supplement to an act relating to a burial ground in the borough of Pottsville.) 
 
 Sec. 1. Re it enacted, &c., That the school directors of the 
 borough of Pottsville, are hereby authorized to take charge of the 
 burial ground and school house thereon erected in the said borough 
 laid out by John Pott for the erection of a school house and for a 
 burial ground, and to make rules and regulations for the proper 
 management of the ground and the interments therein, and per- 
 form the same duties which are required of the trustees under the 
 act of assembly entitled “ An act vesting the title of a school 
 house and burial ground in the corporation of the borough of 
 
 1855. 
 
 1855. 
 
 Alley. 
 
 1856. 
 
 Burial 
 Ground & 
 School 
 House Lot. 
 
VI. 
 
 Pottsville,” approved March sixteenth, one thousand eight hun- 
 dred and thirty-nine, and so much of the second and third sec- 
 tions of said act as is inconsistant herewith be hereby repealed. 
 
 1859 ACT OF MARCH 16, 1859. 
 
 Pamphlet Laws 154. 
 
 Whereas, the school houses erected on the lot of ground referred 
 Ground and acts asseni bly of sixteenth of March, one thousand 
 
 Sdid House eight hundred and thiity nine, entitled “an act vesting the title 
 Lot of a school house and burial ground in the corporation of the bo- 
 rough of Pottsville,” and the supplement thereto, approved the 
 twenty-first day of April, one thousand eight hundred and fifty-six, 
 are in a ruinous state and inadequate for school purposes. 
 
 And whereas, the said premises are now and for a long time 
 hitherto have been occupied and used for the school accommoda- 
 tion of the whole school district of Pottsville aforesaid, and the 
 several schools therein maintained out of the general fund of said 
 district, therefore, 
 
 Sec. 1. Be it enacted &c. That the title in and to all that certain 
 lot or piece of ground aforesaid set apart and used for school and 
 burial purposes, be and the same is hereby vested in the Pottsville 
 school district, in the county of Schuylkill. 
 
 Sec. 2. That the directors of said district be and they are 
 hereby authorized to remove the present buildings on said lot, or 
 so much of them as they may deem necessary, and to erect in their 
 stead a new school house or houses out of the general fund of school 
 money raised by said district for like purposes, which said house 
 or houses shall be for the use of the whole district aforesaid. 
 
 Sec. 3. That the said directors be and they are hereby author- 
 ized and empowered to borrow any sum or sums of money not ex- 
 ceeding ten thousand dollars to defray the expenses of erecting 
 said house or houses, and to secure the money so borrowed by a 
 bond or bonds with mortgage or mortgages upon the real estate of 
 said district, or otherwise as they may see’ fit. 
 
 Sec. 4. That the said bond or bonds, and mortgage or mort- 
 gages, shall be exempt from the taxation directed by the act of 
 assembly of the twenty-ninth April, one thousand eight hundred 
 and forty-four, providing, among other things, for the taxing of 
 money at interest on bonds and mortgages. 
 
 Sec. 5. That so much of the aforesaid act of sixteenth March 
 one thousand eight hundred and thirty-nine, and the supplement 
 thereto as may be inconsistent herewith, be and the same is 
 hereby repealed. [For these acts see V and post.] 
 
 186Q ACT OF APRIL 18, 1859. 
 
 ^ . Pamphlet Laws 617. 
 
 Bnrial 
 
 achM House ® EC * 1* -^ e ^ enacte d &c., That if any of the rights, franchises, 
 Lot. or privileges of the inhabitants of the original town plot of the 
 
Vll. 
 
 borough of Pottsville or other persons, shall have been divested or 1869. 
 injuriously affected by the acts of the legislature to which this is a 
 further supplement, authorizing the erection of a public school 
 house, &c., on ground dedicated by John Pott to certain public 
 uses, all parties aggrieved or injured thereby shall be entitled to 
 compensation and redress, by joining in an application setting forth 
 their grievances and injuries to the court of common pleas of 
 Schuylkill county ; and thereupon it shall be the duty of the said 
 court to require the Pottsville school district to make such compen- 
 sation and redress out of the school fund of said district, as on a 
 trial by jury and due course of law the said parties shall be entitled 
 to ; Provided , That a refusal to join in said application by any of 
 the aforesaid parties shall not operate to prevent the others from 
 obtaining compensation and redress in the mode prescribed. 
 
 ACT OF MARCH 6, 1860. l860 ’ 
 
 Pamphlet Laws 105. 
 
 Sect. 1. Be it enacted &c., That the provisions of the act ofHoad Law*, 
 eleventh of February, one thousand eight hundred and fifty-four, 
 entitled “an act to consolidate and amend the road laws of the 
 counties of Beaver, Butler and Lawrence,” be and the same are 
 hereby extended to the county of Schuylkill. 
 
 Sect. 2. That it shall be the duty of the several townships and 
 boroughs in Schuylkill county, in which any county bridge is now 
 or shall hereafter be erected, respectively to keep the same in re- 
 pair at the expense of the township, townships or boroughs, in the 
 same manner as is now prescribed by law in relation to public 
 roads ; and on neglect thereof, the proper officer or officers charged 
 with the duty of repairing roads or streets shall forfeit and pay a sum 
 not less than ten nor more than fifty dollars, to be recovered in the 
 same manner as is provided for in the seventy-fifth section of the 
 act of thirteenth June, one thousand eight hundred and thirty- 
 six, entitled u an act relating to roads, highways and bridges.” 
 
 Sect. 3. That the pay of road and bridge viewers for the 
 county of Schuylkill be one dollar and fifty cents per day, and 
 that the surveying, draft and report shall be paid by the parties 
 petitioning, as may be agreed upon ; and this act shall take effect 
 on and after the first day of April next. 
 
 Sect. 4. That so far as any act or acts, or parts thereof, are 
 hereby altered or supplied, the same be and are hereby repealed. 
 
 [The following is the Act referred to in the preceding Act.] 
 
 ACT OF FEBRUARY 11, 1854. 1854. 
 
 Pamphlet Laws, 62. 
 
 Sect. 1. Be it enacted &c. That the number of road and bridgeRoad Law*, 
 viewers appointed by -the courts of quarter sessions of the counties 
 of Beaver, Butler and Lawrence, shall be three, one of whom shall 
 
Vlll. 
 
 1854. be a surveyor, if deemed necessary ; every view, review and re- 
 review, shall be made by the whole number of persons so appoint- 
 ed, a majority of whom shall concur in their report, in order to its 
 confirmation by the court ; the provisions of this section shall in- 
 clude viewers appointed to inspect bridges under the thirty-ninth 
 section of the general road law of eighteen hundred and thirty-six. 
 
 Sect. 2. In all cases of the appointment of viewers, in the said 
 counties to view the site of a bridge, or to view and locate, vacate 
 01 ^ change and supply any public or private road, or to review or 
 re-review the same, the said viewers, reviewers or re-reviewers, or 
 one of them shall, before proceeding to view, give public notice by 
 three or more advertisements, put up at least five days before the 
 time of meeting in the most public places in the vicinity of the 
 place to be viewed, of the time and place they will meet for the 
 purpose of making such view. 
 
 Sect. 3. If the viewers aforesaid shall decide in favor of locat- 
 ing a site of a bridge or of a public road, or to make any change 
 in the location of any public road which they were appointed to 
 review, re-review or to change and supply, it shall be the duty of the 
 said viewers to endeavor to procure from the persons through whose 
 lands such location or re-location may be made, releases from all claims 
 of damages that might arise from opening the road, which releases 
 shall be good, if in writing only, though not under seal ; in every 
 such case where the said viewers shall fail to procure such releases, 
 and it shall appear to them that any damages will be sustained, it 
 shall be their duty to assess the damages, and make report thereof, 
 signed by a majority of their number and return the same, togeth- 
 er with all releases obtained, to the proper court of quarter ses- 
 sions ; Provided , That any person affected by such report, shall be 
 entitled to a review of his damages, upon presenting a petition 
 therefor, not later than the third day of the next stated term 
 after the term to which the report is returnable ; but when there 
 is more than one petition presented, founded on the same report of 
 viewers, or where a review or re-review of the road is granted at 
 the same term, the court may appoint the same reviewers or re- 
 reviewers, on all the petitions, and direct one order only to be is- 
 sued for the review or re-review of the road, and the assessment of 
 the damages or for the assessment of the damages in all the cases. 
 
 Sect. 4. It shall be the duty of the said court to examine care- 
 fully the amount of damages assessed as aforesaid, and if the court 
 shall be satisfied that the amount of damages assessed in any case 
 is such that the public interest will be subserved by its payment 
 and the opening of the road, they shall confirm such view, review 
 . or re-review and the assessment of damages, which shall be paid 
 as directed by law ; but if the said court shall not be so satisfied, 
 the said report shall not be confirmed, unless the damages shal bel 
 first paid by the petitioners or other persons interested. 
 
 Sect. 5. When the viewers appointed shall decide in favor of 
 
IX. 
 
 locating or re-locating a private road, they shall view and assess 
 the damages, if any, and make report thereof, and the proceedings 
 thereupon to review or re-review the damages shall be as hereinbe- 
 fore provided in cases of public roads. 
 
 Sect. 6 . All acts of Assembly supplied by this act or inconsis- 
 tent herewith, except the general road law, passed the thirteenth 
 day of June, one thousand eight hundred and thirty-six, aud as 
 much of the last named law as is inconsistent herewith, are hereby 
 repealed so far as regards the counties of Beaver, Butler and 
 Lawrence ; Provided , That all proceedings under former laws now 
 pending, shall be prosecuted to a final completion or determination 
 under the same laws and undor this act, so far as the same is ap- 
 plicable, as fully as though they were not supplied or repealed. 
 
 gets unit lUpkir. 
 
 ACT OF MARCH 16th, 1839. 
 
 Pamphlet Laws, 108. (See Ante VI.) 
 
 Vesting the title of a school house and burial ground. 
 
 Whereas the late John Pott, the proprietor of the town of Potts- 
 ville, laid out the original town plot, and annexed thereto a lot of 
 ground, containing in width one hundred and twenty feet, and in 
 depth two hundred and thirty feet, for the erection of a school 
 house thereon, and as a burial ground for the lot holders and in- 
 habitants residing within the limits of the town plot aforesaid 
 forever, and in order therefore that the intention of the said John 
 Pott, in this matter he carried into effect, and the rights of the 
 lot holders and inhabitants of the original town plot of Pottsville 
 be protected. 
 
 Sec. 1. Be it enacted, &c., That the title of the lot of ground 
 laid out by John Pott in his life time, for the erection of a school 
 house, and as a burial ground in the town of Pottsville, in the 
 county of Schuylkill, be, and the same is hereby vested in the 
 corporation of the borough of Pottsville, to be held and used as a 
 burial ground by the relatives of the said John Pott, deceased, 
 the lot holders and inhabitants of the original town plot of Potts- 
 ville*forever, and for no other use and purpose. 
 
 Sec. 2. The town council of the borough of Pottsville is hereby 
 authorized to appoint three trustees, who shall be freeholders and 
 inhabitants of, and be resident in the original town plot of Potts- 
 ville, one of whom to remain in office for one year, one for two 
 years, and one for three years, from the first Monday in May next; 
 and it shall be the duty of said town council, arfhually thereafter, 
 to appoint one trustee as aforesaid, to remain in office for three 
 years and to fill up any vacancy that may occur from death or res- 
 
 9 
 
 1861 . 
 
 1839 . 
 
1839 . 
 
 1850 . 
 
 1860 . 
 
 X. 
 
 ignation, removal from the old town plot, or any other disability 
 to perform the duties of the office: Provided , That no person who 
 is not an inhabitant and freeholder of, and in the original town 
 plot, and also a citizen qualified to vote at the borough election 
 aforesaid, shall be appointed to the said office. 
 
 Sec. 3. It shall be the duty of the trustees to take charge of 
 the school house and burial ground, and cause the same to be kept 
 in decent and proper order, and keep a proper record of the burials 
 therein. The trustees shall have power, from time to time, with 
 the consent of the town council, to make rules and regulations, 
 for the proper management of the ground, and the interments 
 therein, and the said rules and regulations, when approved of by 
 the town council, shall have the force and effect of ordinances of 
 the corporation. The expense of keeping the said school house 
 and burial ground in docent and proper order, shall be defrayed by 
 a tax, to be levied by the town council, on the inhabitants and 
 real estate of and within the original town plot of Pottsville, 
 whenever in the opinion of the town council the same may be 
 necessary. And the said trustees shall, whenever required, lay 
 before the council a statement of all the moneys ‘received and ex- 
 pended by them on the account of the said school house and burial 
 ground, either as tax or otherwise : Provided , That no compensa- 
 tion shall be allowed to the trustees for their services. 
 
 ACT OF MAY 8th, 1850. 
 
 Pamphlets Laws, 710. 
 
 (This act was repealed by the second section of the Act of April 14th, 1851, Pamphlet 
 
 Laws, 569.) 
 
 Sec. 10. That in lieu of the mode now provided by law for 
 the opening, repairing, grading and curbing of the public streets, 
 lanes, alleys and highways in the borough of Pottsville, in the 
 county of Schuylkill, the town council of the said borough, shall 
 in the month of May in each year, divide off the said borough 
 into convenient wards or sections, and after giving at least two 
 weeks public notice in the newspapers published in said borough 
 for the reception of proposals, shall on a day to be fixed by the 
 said council for the purpose, publicly let out such of the opening, 
 repairing, grading and curbing of the said streets, which the said 
 borough may by the existing laws be required to perform, to the 
 lowest bidder or bidders, who shall give good and sufficient s%curi- 
 ty for the performance of his or her or their respective bid or bids* 
 
 ACT OF APRIL 22, 1856. 
 
 Pamphlet Laws 509. 
 
 Supplied & Repealed by Act of March 6, 1SC0. (Ante VII.) 
 
 Sec. 1. Be it enacted, &c., That the town council of the borough 
 of Pottsville shall have full power and authority to survey, lay out, 
 open such roads, streets, lanes, alleys, courts and common 6ewers 
 
XI. 
 
 as they may deem necessary, and to provide for, enact and ordain 
 ordinances and regulations for the widening and straightening of 
 the same ; Provided , That this act shall not extend or apply to 
 any road, street, road, lane, or alley heretofore ordered to be opened. 
 
 Sec. 2. That when application shall hereafter be made for the 
 openingof any new street, lane or alley within the borough of Potts- 
 ville, such application shall be made by petition to the town council 
 of the said borough, and if it receives the sanction and approval of 
 the said council, it shall be placed on the minutes of the said town 
 council, and such streets, lanes, or alleys, so approved, shall then 
 be opened. 
 
 Sec. 3. That in case any damage is likely to be done by the 
 opening of any such streets, lanes, or alleys to the real estate of 
 any person or persons through whose property any such street, lane 
 or alley may pass, such damages shall be assessed by three free- 
 holders of said borough, neither of whom shall be a resident of 
 the ward where the damage is so alleged to have been done, who 
 shall be chosen as follows : two by the said town council and the 
 third by the petitioners. 
 
 Sec. 4 That the appraisers to be chosen as aforesaid shall, after 
 being duly sworn or affirmed, proceed to assess the damages likely 
 to be done by the opening of such street, lane or alley, taking in- 
 to consideration the advantage of any such street, lane or alley 
 may be to the petitioner, and make report to the said town coun- 
 cil, which report so made shall be filed among the said papers and 
 entered on the books of the said council. 
 
 ACT OF MAY 1, 1861. 
 
 Pamphlet Laws 499. 
 
 Repealed by Supplement xxi., ante 24. 
 
 Sec 1. That so much of the township of Norwegian, in the county 
 of Schuylkill, as lies within the following described boundaries, be 
 and is hereby annexed to the borough of Pottsville, viz : beginning 
 at a point in the present western line of the said borough, on or 
 near the top of the Sharp mountain, where a continuation of the 
 south line of Henry Morris’s land would cross said borough line ; 
 thence along said mountain south sixty-nine degrees and twenty- 
 five minutes, west two hundred and sixteen perches, thence north 
 nineteen degrees and fifty-four minutes, west passing along the 
 western line of a farm late of Thomas Silly man, deceased, along 
 Franklin street in the town of Yorkville and through land of Ed- 
 ward O’Conner and others four hundred and sixty four perches 
 to a post, thence north seventy degrees and three quarters east two 
 hundred and twenty-two perches to the north west corner of the 
 present borough; thence along the western line of it to the place 
 of beginning. 
 
 Sec. 2. That the above described and so much of the present 
 borough of Pottsville as lies westwardly of the following described 
 lines, viz : beginning on the aforesaid continuation of the south 
 
 1856 
 
 1861 
 
XU. 
 
 1861. line of Henry Morris's land ; thence north eighteen degrees and 
 thirty-five minutes west so as to pass along the western side of the 
 German Catholic cemetery to Schuylkill avenue ; thence west- 
 wardly along said avenue to Dumont or Ninth street ; thence north- 
 wardly along said Dumont street to Lyon street, and the same 
 course through land of Samuel Heffner to High street; thence 
 westwardly along it to West street; thence northwardly along it to 
 the Minersville road, and westwardly along it to the line between 
 the lands of Moses Parrot and George Patterson ; thence north- 
 wardly along said line along another portion of West street along 
 the lines between lots numbers forty-five and forty-six, numbers 
 one hundred and ten and one hundred and eleven, and numbers 
 one hundred and twenty-seven and one hundred and twenty-eight, 
 in the Norwegian addition to Pottsville, to the we^t branch of the 
 Mount Carbon railroad ; thence continuing the course of the last 
 named line to the north line of the borough, be and tf^ same are 
 hereby established and erected into a new ward to be called West 
 ward, which shall have and possess all the powers and privileges, 
 rights and immunities that the other wards in the said borough of 
 Pottsville now possess or are entitled to. 
 
 Sec. 3. That the said ward shall be attached to and become a 
 part of the Pottsville school district, and shall constitute a separate 
 election district, with the same right of electing borough and other 
 officers now possessed by the other wards of the said borough and 
 at the same times, the first election shall be held on the first Mon- 
 day in May next at the house of M. B. Bell, at the south west 
 corner of Market and Spring streets in said ward, which shall be 
 conducted by Stephen Bodgers as judge and M. B. Bell and Peter 
 Pashold as inspectors who are to appoint two clerks all of whom 
 shall be sworn or affirmed according to law ; at which said election 
 a vote shall be taken of the qualified electors of said ward to.decide 
 by ballot upon the place where the elections in the said ward shall 
 thereafter be held, which said election shall be conducted and the 
 returns of it made, in the same manner as they now are in the 
 other wards of the said borough, and that at the said first election 
 all persons residing in said ward and qualified to vote for members 
 of the legislature shall be permitted to vote. 
 
 (Brbinantts at gtpdtft 
 
 Page of 
 Ordinance 
 Book. 
 
 1828, May 15. — Prohibiting swine from running at large in 
 
 the borough. Bepealed and supplied. - - - 1 
 
 1828, May 15. — Belating to dogs. Bepealed and supplied. - 1 
 
 1830, June 21. — Providing for the appointment of a regula- 
 ting committee, and prescribing their duties. Obsolete. - 4 
 
 1830, June 28. — Providing for the appointment of a borough 
 
 surveyor. Obsolete. 6 
 
Xlll. 
 
 Page 6f 
 Ordinance 
 Book. 
 
 1830, July 19. — A supplement to the ordinance for the regu- 
 lation of slaughter houses. Obsolete. - - - 7 
 
 1830, August 5. — Providing for the appointment of police 
 
 officers. Obsolete. 8 
 
 1830, August 5.— For the widening and straightening of Cen- 
 tre street. Obsolete. - - - - - - 9 
 
 1830, September 4. — For raising a sum of money on loan. 
 
 Obsolete. - 10 
 
 1831, January 11. — Authorizing M. 33. Buckley to build a 
 
 bridge. Obsolete*. 10 
 
 1831, April 28. — Supplement to ordinance for raising a sum 
 
 of money on loan. Obsolete. - - - - - 11 
 
 1831, May 5. — .Regulating assessments. Obsolete. - - 11 
 
 1831, August 30. — Giving to street commissioners certain 
 
 powers and duties. Obsolete. - - - - - 11 
 
 1832, February 27. — To prevent dogs from running at large. 
 
 Repealed and supplied. - - - - - - 12 
 
 1836, August 30. — Granting to Burd Patterson and his. asso- 
 
 ciates the privilege to make a railroad through Market 
 Street, &c. Obsolete. - 13 
 
 1837, February 7.— To enable Charles Potts and Benjamin 
 
 Ban nan to make and use a railroad from Black Mine 
 Colliery, &c. Obsolete. - - - - - - 15 
 
 1837, March 19. — Giving to Richard Willing privilege to 
 make a culvert for the passage of the waters of Norwe- 
 gian creek. Obsolete. 16 
 
 1837, April 21. — Giving George H. Potts the privilege to 
 make and use a railroad through Jennings alley. Ob- 
 solete. -.----.--17 
 1837, April 27. — For the regulation of traveling on railroads 
 
 through the streets, &c. Obsolete. - - - - 17 
 
 1837, May 13. — For raising a sum of money on loan. Obso- 
 lete. 18 
 
 1837, May 13 — Supplement. Obsolete. - - - - 19 
 
 1838, March 13. — Authorizing the laying of a railroad 
 
 across Norwegian street and through part of Coal st., 
 Obsolete. 19 
 
 1838, November 27. — Providing for a market. Repealed. - 20 
 
 1838, December 12. — To authorize a loan to procure appara- 
 tus for extinguishing fires. Obsolete. - - - 21 
 
 1846, September 15. — To authorize a loan for the erection of 
 
 a market house. Obsolete. - - . - - 30 
 
 1848, May 30. — In reference to dogs. Repealed. - - 31 
 
 1848, November 13. — Providing for the regulation of the 
 
 markets. Repealed. 32 
 
 1855, December 18. — For the regulation of the markets. 
 
 Repealed. 39 
 
 1861, August 6. — For the regulation of markets in the Bor- 
 ough of Pottsville. Repealed. 60 
 
Halts of ©rhtr, 
 
 For the government of the Town Council. 
 
 Adopted Mai^ch 7, 1837. 
 
 I. • The stated meetings of the Council shall be held on the first and third Tuesdays 
 of every month, from October until April, inclusive, at seven o’clock in the evening, and 
 for the remainder of the year at half-past seven o’clock in the evening. 
 
 II. As soon .as a majority of members appear the President shall take his seat and call 
 to order ; after which no member shall depart without leave of the President Provided 
 if a quorum do not appear within thirty minutes of the appointed time, the members 
 present may adjourn to some fixed time, or sine die. 
 
 III. The President shall be the judge of order and his decisions thereon shall be im- 
 mediately submitted to. unless two members require an appeal to the Council which 
 shall be decided without, debate. 
 
 He shall name all committees unless the Council shall otherwise determine. 
 
 He shall call special meetings of the Council when in his opinion public business may 
 require it, or at the request of two members; but when meetings shall be so called he 
 shall direct the clerk to insert in the notices of the members the import of the business 
 upon which they are to convene, - and no other business shall be transacted at such 
 meeting. 
 
 IV. It shall be the duty of the clerk to keep fair and regular minutes of the proceed- 
 ings of the' Council : furnish the chairman of every committee with a copy of the resolu- 
 tion under which they are appointed and cause a written or printed notice of every meet- 
 ing of the Council to be served by the High Constable on each member. 
 
 V. The order of the business at the meetings of the Council shall be : — 
 
 1. The minutes of the last meeting read and if necessary, corrected as to matter of 
 form or mistake. 
 
 2. Reports of committees. 
 
 3. Petitions and communications to Council. 
 
 4. Unfinished business. 
 
 5. All other business. 
 
 VI. The Standing Committees shall be 
 
 1. The street committee to consist of four members. 
 
 2. The committee on accounts, to consist of three members. 
 
 3. The committee on fire apparatus, to consist of three members. 
 
 4. The committee on lamp and watch,, to consist of three members. 
 
 5. The committee on survey, to consist of three members. 
 
 6 The committee on markets, to consist of three members. 
 
 7. The committee on room and stationery, to consist of three members. 
 
 VII. Upon motion, seconded and carried, the Council may resolve itself into a com- 
 mittee of the whole when the President, having first appointed a chairman, shall leave 
 the chair and possess the same privileges as any other member. 
 
 The usual course of proceedings in Council shall be observed as far as practicable on 
 such committees. 
 
 VIII. Every member on a committee shall attend the call of the chairman who shall 
 be the person first named on the committee. 
 
 At every stated meeting of the Council, the committees shall be called over, and the 
 chairman or any member of the committee, shall, if required, assign the reason why 
 the committee have not reported. 
 
 The reports of committees shall be in writing. 
 
 IX. No motion for reconsideration shall be permitted unless made and seconded by 
 members who were in majority on the original question, nor then unless made at the 
 same meeting as the decision, or the next meeting after it. 
 
 X. The yeas and nays shall be entered on the minutes at the request of any two 
 members. 
 
 XI. No rule of Council shall at any time be dispensed with, unless in doing so two 
 thirds of the members present concur. 
 
 XII. All applications or communications to the Council, shall be in writing and be 
 laid before the Council, by one of the members, and the practice of receiving verbal 
 communications and applications from persons not members shall be abolished. 
 
 C Adopted May 15, 1838. M. B. vol. 2, p. 71.) 
 
E R E A. T A • 
 
 On page 7, in Note, for xiv. read xv. 
 
 On page 8, in Note, for xiii. read xii. 
 
 On page 24, in Note, for xxii. read xxi. 
 
 On page 46, for 1861, in the margin, read 1864 ; and 
 for December 20, 1861, read December 20, 1864. 
 
 On page 46, for 1855 read 1835. 
 
 On page 47, for 1855 read 1835. 
 
INDEX 
 
 gittS 0f gSStlttMg. 
 
 Original Act of Incorporation, - 
 
 Charter, - 
 
 I. Supplement, Qualification of Voters, - 
 
 II. 44 Tax on Dogs, - 
 
 III. 44 Duplicate of Taxes, - 
 
 IV. 44 North and South Wards erected, 
 
 V. 44 Grading and Curbing of Streets, - 
 
 VI. 44 Lock-up House, - 
 
 VII. 44 Election in each Ward, - 
 
 VIII. 44 North West and North East Wards erected 
 
 IX. 44 Election of Treasurer, 
 
 X. 44 Hours for Elections, - 
 
 XI. 44 Hours for Elections, 
 
 XII. 44 North East and North West Wards to elect two 
 
 Justices of the Peace, 
 
 Ward Elections to be held on third Friday of 
 February, - 
 
 Vacancies in Council h<3w filled, - 
 
 XIII. 44 High Constable to give bond, - 
 
 XIV. 44 Corporation may borrow money, - 
 
 Justices of the Peace to have jurisdiction of 
 actions for breach of ordinances, - 
 
 XV. 44 Council to consist of twelve members — three 
 
 from each Ward, - 
 
 Town Clerk to be elected by the Council, • 
 
 XVI. 44 Middle Ward erected, 
 
 XVII. 44 Boundaries of Borough extended to include 
 
 part of the Navigation tract, - 
 Annexed to North West & North East Wards, 
 XVIII. 44 Collector for each Ward may be appointed, 
 
 Tenants to repair pavements, - 
 
 XIX. ' 44 Corporation may charge twenty per cent, ad- 
 ditional for setting curb stones & paving, 
 
 XX. 44 South East Ward erected, - • 
 
 XXI. 44 Boundaries of the Borough extended westward 
 
 and annexed to the North West, Middle, 
 and South Wards, 
 
 South East Ward an election precinct only, 
 
 XXII. 44 Town Council to regulate the size of culverts, 
 
 3 
 
 6 
 
 15 
 
 15 
 
 16 
 16 
 16 
 
 17 
 
 18 
 18 
 18 
 18 
 19 
 
 19 
 
 19 
 
 20 
 20 
 20 
 
 21 
 
 21 
 
 21 
 
 21 
 
 22 
 
 22 
 
 22 
 
 23 
 
 23 
 
 23 
 
 24 
 
 24 
 
 25 
 
 ©rbiMttas. 
 
 I. Removal of Nuisance, - - - - 27 
 
 II. Public Exhibitions, 27 
 
 III. Disorderly persons, - - - - 27 
 
 IV. Duty of High Constable, 28 
 
 V. Fire Arms, Squibs, and Crackers, - - - 28 
 
 VI. Declaring several streets to be public highways, - 28 
 
XVI. 
 
 VII. Prohibiting riding, driving, or unloading coal, &c., on 
 
 pavements, - - - - 29 
 
 VIII. Fast riding or driving in the streets prohibited, - 29 
 
 IX. Gunpowder, - - - 29 
 
 X. Slaughter houses and offal in the streams of water, - 30 
 
 XI. Interments, - - - - - 80 
 
 XII. Drivers to hold the reins of horses when driving, - 31 
 
 Horses not to run loose in the streets, - 31 
 
 XIII. Coal ashes not to be thrown on the streets, - 31 
 
 XIV. Pottsville Water Company, - - 32 
 
 XV. Prescribing the duty of Collectors of Taxes, - 32 
 
 XVI. Prohibiting the sale of unwholesome provisions, - 33 
 
 XVII. Lamps and Lamp Posts, - - - 34 
 
 XVIII. Awnings, Rails, and Wooden Sheds, - 34 
 
 XIX. Suits for penalties to be instituted by Chief Burgess or 
 
 Solicitor, - - - 35 
 
 XX. Cattle not to be kept in the streets for sale, - 35 
 
 XXI. Relating to butchers and others selling meat in the streets, 35 
 
 XXII. Guaranteeing six per cent, interest to the Pottsville Water 
 
 Company, - 36 
 
 XXIII. Party Walls and Partition Fences, - - 36 
 
 XXIV. Carrying Gunpowder through the Streets, - 37 
 
 XXV. Wooden Buildings, - - - 38 
 
 XXVI. Swine and Goats, 39 
 
 XXVII. Dogs, - - - - - - 39 
 
 XXVIII. Relating to Sidewalks and Pavements, 40 
 
 XXIX. “ “ “ - - 42 
 
 XXX. Permits for building materials in the streets, - 43 
 
 XXXI. Culverts, - - - - - 44 
 
 XXXII. Relating to market hours and sales of marketing, - 45 
 
 XXXIII. Obstruction of the streets by crowds, - 46 
 
 XXXIV. Relating to market wagons, 46 
 
 XXXV. Fire Plugs, - - - - - 47 
 
 Other ordinances now in force, - 47 — 49 
 
 Act of Assembly relating to municipal officers, - 49 
 
 Acts of Assembly relating to Vagrants, 50 
 
 Manner of Proceeding for Penalties, - - - 52 
 
 Acts of Assembly relating to the Borough of Pottsville. 
 
 To open Logan’s Court, - - - - L 
 
 To open an alley from Union street, bet. Centre & Second streets, ii. 
 
 To open an alley between Contention alley and Norwegian street, ii. 
 
 To extend Market street to Coal and George streets, - ii. 
 
 To enlarge Coal and George streets, iv. 
 
 To widen Adams street, between Norwegian and Mahantongo sts., iv. 
 
 To widen Coal street in Morris’ Addition, - iv. 
 
 To open an alley between Norwegian and Mahantongo streets, from 
 
 Fifth street to Sixth street, v. 
 
 Relating to the School House and Burial Ground, - v. 
 
 Relating to the School House and Burial Ground, - - vi. 
 
 Lot holders of original Town Plot may apply for damages in rela- 
 tion to the burial ground, - - - vi. 
 
 Road Laws, ----- vii. 
 
 Acts supplied and repealed, - ix — xii. 
 
 Ordinances obsolete, supplied or repealed, - - xii. 
 

 
 
 
 
 
 
 
 
 
 

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