« % THE UNIVERSITY OF ILLINOIS LIBRARY 35^.0T4-^^ P 6 or ** K * p» »•! j«|U| <1 REMOTE SI ORAGE MUNICIPAL ftgFiffME byut \8 i aCKS OFFICE “ ‘" -ir ' 0 * 0 ^ REMOTE & ’ remote storage “W'w.nug G££1CE ■ ORDINANCES PASSED BY THE SELECT AND COMMON COUNCILS OF THE CITY OF PITTSBURGH, The 29th day of April, 1§33; TOGETHER WITH THE ACTS OF ASSEMBLY AND JUDICIAL DECISIONS RELATING THERETO* Up to the 1st of January, 1837* PUBLISHED BY ORDER OF THE COUNCILS, JOHNSTON & STOCKTON—MARKET STREET. Pittsburgh, January 2d, 1837. We respectfully report to the city councils of Pittsburgh, that this compilation of the laws, ordinances and regulations, passed by the select and common councils of the city of Pittsburgh, since the 29th of April, 1833; and also of the acts or parts of acts of assembly, relating specially to the city, not heretofore published in pam¬ phlet form, has been prepared by us, and published by Messrs. Johnston & Stockton, under our direction, according to the provisions of chapter 212, entitled “An ordi¬ nance providing for the publication of the laws and ordinances of the city,” passed on the 15th of January, 1836. GEO. A. COOK, President of the Common Council. SAML. P. DARLINGTON, President of the Select Council. E. PENTLAND, Recorder of the City. To the Select and Common Councils of the City of Pittsburgh . ,1 Science ftftPCfC nWflv (Kfl. 30 f CUav fUh Ce CONTENTS ■ ^ * 1 ■ Titles of City Ordinances passed since the 29 th day of April, 1833. 174. An Ordinance for sanitary purposes, 659 175. A further supplement to the ordinances heretofore passed for regulating the markets, &c. 661 176. An ordinance respecting the deposit of offensive matter, &c. 662 177. An ordinance fixing the places of holding all city and general elections, 663 178. An ordinance authorizing the mayor to borrow the sum of six thousand dollars, for sanitary purposes, 664 179. An ordinance authorizing the mayor to borrow a further sum of fifteen thousand dollars, for the use of the city, 665 180. An ordinance repealing the third section of an ordinance passed on the 31st day of December, 1832, entitled, “An ordinance providing for the cleansing of the streets of the city of Pittsburgh,” 665 181. An ordinance to divide the city into wards or districts, and for other pur¬ poses, 666 182. An ordinance supplementary to an ordinance entitled, “An ordinance for the organization of the city of Pittsburgh,” 668 183. An ordinance concerning the assessment and appropriation of the city taxes for the year 1834, 669 184. An ordinance authorizing the mayor to borrow the sum of ten thousand dollars for the use of the city, 670 185. A supplement to “An ordinance making certain regulations in cases of fire, and to prevent fires from breaking out,” passed September 21st, 1816, 671 186. Joint resolutions of the select and common councils of Pittsburgh, respect¬ ing the decease of Major General Lafayette, 672 187. An ordinance regulating the cleansing of vaults, privies and necessary houses; and for the suppression and prevention of all nuisances arising from the same in the city of Pittsburgh, 672 188. An ordinance in relation to the footways on Seventh street, 674 189. An ordinance on the subject of locks for wagons, and other wheel car¬ riages, in the city of Pittsburgh, 674 190. An ordinance to repeal the authority to borrow money by virtue of an or¬ dinance passed the 27th day of November, 1833, 675 191. An ordinance for raising money by loan, to be applied to the discharge of several debts heretofore contracted by the corporation of the city of Pittsburgh, 675 192. An ordinance for the appointment of city printers, 678 193. An ordinance for the redemption of city bills, and for the payment of the interest thereon, under certain provisions, 679 194. An ordinance, supplementary to an ordinance entitled, “An ordinance for raising money by loan, to be applied to the discharge of several debts heretofore contracted by the corporation of the city of Pittsburgh,” 679 195. An ordinance to change the mode of assessing and collecting the water rents, and for other purposes, 680 196. An ordinance concerning the assessment and appropriation of the city taxes for the year 1835, and for other purposes, 68$ IV TITLES OF ORDINANCES. X y X X Chap. _ 197. An ordinance for the redaction of the rent paid by the weigh master of *** the market house, 198. An ordinance for the construction and management of the Pittsburgh gas works, & 6 0 g 5 199. An ordinance for the purpose of tearing down the Liberty street market house, Kao 200. A further supplement to an ordinance entitled “An ordinance regulating the markets,” &,c. 201. An ordinance supplementary to an ordinance, entitled “An ordinance for the construction and management of the Pittsburgh gas works,” 202. An ordinance granting aid to the fire engine and hose companies in the city, 203. A further supplement to an ordinance, entitled “An ordinance for the construction and management of the Pittsburgh gas works,” passed 27th of April, 1835, and of a supplement thereto, passed 16th of May, 1835, 204. An ordinance supplementary to an ordinance, entitled “An ordinance for raising money by loan,” &c. passed the 29th day of November, 1834, and a supplement thereto, passed the 18th of February, 1835- 205. An ordinance granting permission to erect a bridge over the Canal, at or near Washington street, 206. An ordinance providing for the recovery of fines, forfeitures and penal¬ ties, 207. An ordinance to confirm the purchase of a lot of ground, for the Pitts¬ burgh gas works, and for raising the funds to make payment therefor, 208. An ordinance repealing an ordinance, entitled “An ordinance respecting landings, and depositing materials near the Monongahela bridge,” 209. An ordinance for the better regulation of the market in the Diamond, 210. An ordinance for changing the place of holding the general and city elec¬ tions for the North ward, 211. An ordinance to divide the city into wards or districts, and for other pur¬ poses, 212. An ordinance providing for the publication of the laws and ordinances of the city, 213. An ordinance increasing the amouut of security of the city treasurer, 214. An ordinance providing for the appointment of city printers, 215. An ordinance authorizing a committee to purchase the Neptune Engine lot, and to pay for the same, 216. An ordinance authorizing the mayor to borrow thirty thousand dollars, in order to raise money to pay off a loan, and for other purposes, 217. A further supplement to an ordinance, entitled “An ordinance establish¬ ing the salaries and compensations of the mayor and sundry other offi¬ cers of the city of Pittsburgh, 218. An ordinance concerning the assessment and appropriation of the city taxes for the year 1836, 219. A further supplement to “An ordinance for the construction and manage¬ ment of the Pittsburgh gas works,” passed 27th April, 1835, and to the supplements thereto, passed respectively, May 16th and June 1st, 1835, 220. An ordinance for the establishment of a permanent watch, 221. An ordinance declaring and fixing the grade of certain streets and alleys, 222. An ordinance supplementary to the several ordinances relative to the Pittsburgh gas works, 223. An ordinance establishing the grade of Water street, Monongahela wharf, &c. 224. An ordinance relating to hucksters, and for other purposes, 225. An ordinance altering and fixing the salaries of the night w atch, 226. An ordinance increasing the rents of stalls in the Diamond market-house, &c. 227. An ordinance authorizing the mayor to borrow thirty thousand dollars, in order to raise money to pay off a loan, and for other purposes, 228. An ordinance providing for the purchase of two pieces of ground on 690 690 691 694 696 696 700 700 701 701 702 704 705 706 706 707 707 709 709 710 712 715 717 724 725 726 792 792 TITLES OF ORDINANCES Chap. , „ Pa & e - Holmes’ Hill, in the manor of Pittsburgh, containing together five acres, eighty-one perches, and one hundred and eighty-one feet, 793 229. An ordinance changing the places for holding the general and city elec¬ tions for the East and South wards of the city of Pittsburgh, caused by the occupants of the houses now authorized for holding of the same, de¬ clining to have said elections held therein, 230. An ordinance, supplemental to an ordinance regulating the distribution of water, and for the protection of the water works of the city of Pitts¬ burgh, passed the 23d of February, 1829, 231. Terms upon which the public will be supplied with gas, by the trustees of the Pittsburgh gas works, 795 232. An ordinance concerning dogs, 797 233. An ordinance supplementary to the several ordinances relative to the Pittsburgh gas works, 798 794 794 Titles of the several Acts of the General Assembly of Pennsylvania, res¬ pecting the City of Pittsburgh, passed since the 29 th of April, 1833. Nos. , Page- 162. A further supplement to the act, entitled “An act to incorporate the city of Pittsburgh,’’and for other purposes. Passed 15th April, 1835. Pamph. Laws of Penn, session of 1834-5, p. 291-95, 697 5. A supplement to an act incorporating the city of Pittsburgh, passed on the 18th day of March, one thousand eight hundred and sixteen. Pass¬ ed 16th December, 1833. Pamph. Laws of Penn, session of 1833-34, p. 4-5, 702 96. An act relative to the Pittsburgh gas works. Passed 31st March, 1836. Pamph. Laws of Penn, session of 1835-36, p. 319-20, 141. A further supplement to the act incorporating the city of Pittsburgh, pass¬ ed the eighteenth day of March, eighteen hundred and sixteen, and for other purposes. Passed 1st April,1836. Pamph. Laws of Penn, session of 1835-6, p. 426, 120. An act to authorize the opening of an alley, in the city of Pittsburgh, from St. Clair street to Irwin street. Passed 11th April, 1835. Pamph. Laws of Penn, session of 1834-5, p. 194-5, 238. An act to fix the standards and denominations of measures and weights, in the commonwealth of Pennsylvania. Passed 15th April, 1834 Pamph. Laws of Penn, session of 1833-34, p. 524-28, Act of Congress. —An act to continue the mint at the city of Philadelphia, and for other purposes. Passed 19th May, 1828. Pamph. Laws of U. S. ses¬ sion of 1827-8, p. 55, 166. An act to consolidate and amend the several acts relative to a general sys¬ tem of education by common schools. Passed 13th June, 1836. Pamph. Laws of Penn, session of 1835-36, p. 525-34, 184. An act relating to inspections. Passed 15th of April, 1835. Pamph. Laws of Penn, session of 1834-35, p. 384-424, 736 104. A supplement to an act entitled “An act relating to inspections,” approved the fifteenth day of April, one thousand eight hundred and thirty*five. Passed 31st March, 1835. Pamph. Laws of Penn, session of 1835-36, p. 332-3. 768 198. An act to incorporate the Preston Retreat, and relative to the sale of lands of St. John’s church, in Norristown, Montgomery county, and for other purposes. Passed 16th of June, 1836. Pamph. Laws of Penn.ses- 716 718 718 719 724 726 sion of 1835-36, p. 825, 96. An act declaring the streets in the town of Mifflinburg, in Columbia coun¬ ty, public highways, and relative to Duqnesne Way, Pittsburgh Gas 769 VI TITLES OF ACTS. Nos. Pago Works, and for other purposes. Passed 31st of March, 1836. Pamvh. Laws of Penn, session of 1835-6, p. 317-20, 190. An act to authorize suit to be brought upon the official bond of William B. Mitchell, late superintendent. Passed 31st of June, 1836. Pamph. Laws of Penn, session of 1835-36, p. 749-54, 189. An act to authorize Isaac C. Worrell and Richard Stout, surviving trus¬ tees for the Free Will Baptists of the Borough of Frankford, to sell cer¬ tain real estate, and to authorize the church wardens of the Protestant Episcopal Church of Morgantown, in the county of Berks, to sell and convey certain real estate, and for other purposes. Passed 16th June, 1836. Pamph. Laws of Penn, session of 1835-36, p. 745-6, 168. An act relating to the support and employment of the poor. Passed 13th of June, 1836. Pamph. Laws of Penn, session of 1835-36, p. 539-51, 142. An act for the prevention of injuries to individuals by the gross negligence, or wilful misconduct of stage drivers and others. Passed 1st of April, 1836. Pamph. Laws of Penn, session of 1835-6, p. 427, 5. Resolution relative to the collection of the state tax. Passed 10th of March, 1836. Pamph. Laws of Penn, session of 1835-36, p. 832, 14. Resolution requiring the president, faculty and trustees of colleges, and trustees or managers of academies or schools, (other than common schools,) to make certain reports to the superintendent of common schools. Passed 1st of April, 1836. Pamph. Laws of Penn, session of 1835-6, p. 842, 790 7 . A supplement to the “act to enable the governor to appoint notaries pub¬ lic, and for other purposes, therein mentioned,” passed 5th of March, 1791. 3 Dallas, p. 12. 3 Smith, p. 6. Pardon's Digest, p. 659-60. Pass¬ ed 14th of January, 1834. Pamph. Laws of Penn, session of 1833-34, p. 6-7.* Act of Congress .—A resolution providing for the distribution of weights and measures. Passed 14th of June, 1836. Pamph. Laws of the U. States, 1st session of the 'Mth Congress, p. 255, 770 773 777 778 788 789 790 790 *[CF Note. By the act of the 5th March, 1791, Purd. Dig. p. 659, the governor was authorized to appoint and commission a competent number of persons, of known good character, integrity and abilities, as notaries public for the commonwealth of Pennsylvania, to reside within such place or places within this state as the governor shall in and by the respective commissions direct, to hold their commissions during good behaviour; fixing the number to be appointed at six in the city and county of Philadelphia, and not more than three in any other county of the state—and pro¬ viding, that no person shall be commissioned as a notary, who has not resided with¬ in the commonwealth at least two years previous to his appointment. In conse¬ quence of the great increase of banking incorporations throughout the state, many supplements have been passed, to the act of 1791, increasing the number of nota¬ ries accordingly. In Allegheny county there are now seven. See “ List of City Officers,” &c. in appendix. By the act of 2d January, 1815, 6 Smith, p. 238, Purd. Dig. 660, the official acts, protests, and attestations of all notaries public, (acting bv the authority of Pennsylvania,) certified according to law, under their respective hands and seals of office, may be read and received in evidence of the facts therein certified, in all suits that now are or hereafter shall be depending in the courts of this commonwealth; provided, however, that any party may be permitted to con¬ tradict, by other evidence, any such certificate. See 6 Serg. 8? Rawle, 324, 484. 12 Serg. Rawle , 284. 8 Wheaton, 326. 2 Peters, 179. 3 Wash. C. C. Rep. 229, The certificate of a notary public, under his notarial seal, is prima facie evidence, that the person signing the certificate is a commissioned notary. 6 Serg. 8$ Rawle, 484. A notarial protest is evidence, under the act of 1815, of notice to the indorser of a promissory note, of non-payment by the drawee. Ibid 324, 484. APPENDIX. No. I. List of City Officers, II. Public Loans and City Debt, III. Common Schools and General System of Education, ERRATA. Page 660, 15th line from top, for released read replaced . “ 678, 18th line of note, for 24 th February , 1824, read 1834. “ “ Same line, for 2 6th February, 1824, read 26th of May, 1834. “ 680, 4th line from the bottom, after the word collect add the words and recover. “ 703, Top line, after the words said wards , insert the words at such houses with¬ in the bounds of the respective wards. “ 703, 16th line of sect. III. after the words the office of, insert the word mayor. “ 716, Last line but one of note 57, for post read ante. 11 717, For Chapter CXXII. read Chapter CCXXII. 11 720, 7th line of sect. IV. for eighth-two read eiglity-two. 11 723, For passed 14 th April, 1835, read 15 th April, 1834. “ “ For session of 1834-5, p. 438, read session of 1833-34, p. 528. *■ 725, 4th line of chap. 224, for marketplace read market space. u 728, 7th line from top, strike out after the word taxes, the words and upon all property now taxable for county purposes. “ 755, 5th side note, for purchaser read seller. “ 764, 1st side note, for reversed read reviewed. “ 769, 5th side note, for \6th April read 15/^ April. “ 773, In note 74, first line, for 815-17 read 716-17: and same line, for note 56 read note 57. See note 61, ante, p. 718. The statement in this note is erroneous. There is a street of the designation of u Irwin street,” in the original plan of the city, running from Liberty street, nearly opposite Sixth street, to the Allegheny river. The rest of the note, No. 61, may, of course, be corrected accord¬ ingly. ORDINANCES. CHAPTER CLXXIV. An Ordinance for Sanitary purposes. Sect. 1. Be it ordained and enacted by the citizens of Pittsburgh, in Select and Common Council assembled, That the first, second and third sections of an ordinance entitled u An ordinance for sanitary purposes,” passed the 25th day of^'chlT^iei* June, 1832, be and the same are hereby revived and re-enact- ant6j p . 585-6! ed, to continue in force during the present year. 1 II. That all expenses that may be incurred in the execu- Expenses to tion of this ordinance, shall be settled by the sanitary board be settled and and reported to the mayor, who shall draw his warrant upon the p 1 city treasurer for the same, payable out of any moneys not otherwise appropriated. III. That a board, to be called “ The Sanitary Board,” shall be forthwith constituted, to consist of two members from . the select, and three members from the common council, to- board wera- gether with the mayor, the recorder and three of the aldermen j ze d ; of the city, to be organized and classed as hereinafter provi¬ ded, whose duty it shall be to adopt and direct all such mea¬ sures as they think necessary for averting the introduction of Duties of the the frightful epidemic disease, which has approached the bor- bid¬ ders of our country; and for this purpose this board shall have power to cause the streets, lanes, alleys, buildings, lots, and shores of the rivers to be explored, cleansed, and purified in an efficient manner; to provide and secure, at proper places, all ingredients necessary for the prompt aid and relief of the patients infected, and executing the general plan of this ordinance, and to provide and prepare suitable depots for the Sick persons reception of the sick, their nurses and attendants, and to en- |? r be P rov *ded gage medical aid for their restoration; and further, the board ° r ‘ shall have authority to divide the city into districts, and to appoint one or more assistants for each district, and to fix dh^ed their compensation per diem for their services: and it shall into districts, be the duty of those assistants to examine their respective dis- &c. tricts daily, and report to the board, or to the mayor, if the board be not in session, all offensive, foul, or mouldy vaults, N . cellars, privies, or other nuisance of any kind, injurious to be Amoved l ° the health or comfort of, as well in the streets, lanes, and & c . 1 For the three sections referred to, see chap. 161, ante , pages 585-6. 660 SANITARY BOARD. shores of the rivers as within the enclosures and houses of the citizens: and the said board shall have full power and author- General pow-ity to do lawful acts they may in their discretion judge erof the board, necessary, for averting the calamity with which the city is threatened, and shall continue in office during the present year, unless their commission be revoked by a resolution of the councils. IV. That in organizing and continuing the said board, the mayor and recorder of the city shall be permanent members thereof, and the aldermen shall be classed, so that three of How the them shall serve for one month, and then be replaced by other board shall be three in rotation monthly, during the continuance of the constituted, board, and the respective councils shall also be classed so as to designate the members to act first, and to serve for one month, and then be released by another class:—Five of the board shall be a quorum to do business; they shall meet three times in every week, or oftener if they shall find it necessary, and shall keep minutes of their proceedings; they shall make Accounts to an ^ keep a faithful account of all contracts and expenditures, be kept, &c. and when accounts are sanctioned by the board, the mayor shall draw his warrant for the amount payable out of the fund herein provided for that purpose. V. That it shall be the duty of the superintendent of the water works to obey and execute the written orders of this Duty of the board relative to the management of the water for cleansing ent^Hhe wa- anc * P ur ifyi n g the city; and it shall be the duty of every citi- ter works. zen occupying any house or tenement within the city, to obey and execute the written or printed orders of the board relative Cleaning of to cleansing the gutters, pavements and spaces in front of streets and gut- their respective lots, and if they fail to do so, each person ters, &c. refusing or neglecting to comply with such orders, shall for¬ feit and {my for every such offence five dollars, to be recovered with costs as other forfeitures are recoverable under the city or¬ dinances: It shall also be the duty of the street commissioners Duty of the to obey and execute the written orders of the board,Tor the street commis- prompt removal of all dirt and filth from places where it may sioner and of accumulate, and to cause the same to be placed where it can- wharf master. not ^ j n j ur i ous to the water works of the city: it shall be the duty of the wharf master, to 'examine all steam boats, keel boats and other water craft that may arrive in the bounds of the city, and make reports to the board in the manner they may require; and all constables of the city shall make daily reports to the hoard, or to the mayor, of all nuisances they observe, and of all cases of arrivals of sick persons within the bounds of the city. 2 Passed 27th May, 1833; and recorded 30th May, 1833, in Book A. pages 187-88. 2 According to the provisions of this ordinance a sanitary board was organized MARKETS AND MARKET HOUSES. 661 CHAPTER CLXXV. A further supplement to the ordinances heretofore passed for regu¬ lating the markets, &c. I. That from and after the passing of this ordinance, mar¬ ket shall be held on Monday and Thursday of each and eve- Regulations ry week at the market house in Liberty street, subject to the as to the mar- same rules and regulations, and to the like penalties for vio- ket house in lations of market days and hours, as are made and provided by Llbert y street, the ordinances to which this is a supplement; and it shall not be lawful, after the passing of this ordinance, for any butcher, victualler, or other person, to vend any article of meat, poul¬ try, vegetables, or other products usually sold in market, at penalty for any other place than the said market house in Liberty street, selling at any on the days above specified—under a penalty of five dollars other time or for every such offence, recoverable on conviction, before the P lace - mayor or any alderman of the city. II. That the market limits in Liberty street shall be ex:- b e rt* m st S °mar tended to include so much of said street as is bounded on j: y s * mar " * each side by the lines thereof, and by the east line of Pitt street, extended; and it shall and maybe lawful for those bringing produce to market in wagons, carts, sleds, &c. to arrange them in such manner along the curb stones on each 0 ^aUs^&wa- side, within the limits aforesaid, as will least obstruct the gons passage of said street—and therefrom expose for sale and vend the products of their farms, in the same manner, and under the same regulations as are enjoined upon those selling from their wagons, carts, sleds, &c. in the Diamond. 3 III. That so soon as any of the leases for stalls in the mar- Rent of stalls ket house in the Diamond shall have expired, it shall be the the^Diamond duty of the clerk of the markets to rent such stalls for the re- mar k e t house, maining part of this present year, ending the thirty-first of December next, at the rate of not less than thirty dollars per annum for any stall; and for the stalls now let at eighteen dollars in said market house, the rent shall be increased at the rate of thirty-five dollars per annum; and for the stalls in said market house now let at twenty-two dollars, the rent immediately after the passage thereof, (to wit, 28th May, 1833,) and which contin¬ ued to hold its regular sessions, from time to time, until all apprehensions arising from the introduction of the Asiatic cholera had ceased, (to wit, 27th Sept. 1833.) For the amount of expenditures under this ordinance, see cily accounts of 1833, and the minutes of the common council, p. 206. Total amount expended, $3616 94. 3 The market house in Liberty street was erected by subscription, in pursuance of the provisions of the ordinance of the 17th of Dec. 1832, see chap. 165, ante, pages 589-91, and was continued until the passage of the ordinance of the 1st May, 1835, see chap. 199, post. The market house having been removed, under the di¬ rections of that ordinance, the two first sections of the ordinance in the text are obsolete . 662 MARKETS AND MARKET HOUSES. Unexpired shall be increased to the rate of forty dollars per annum, for time, &c. the unexpired part of the year as aforesaid. IV. That thirty, thirty-five, and forty dollars each, as afore¬ said, shall be the minimum rates per annum, at which said stalls Duty of the hereafter, and not less; and in order to prevent any clerk of the unfair preferences amongst applicants for the stalls, it shall market as to be the duty of the clerk of the markets to advertise in four rentingstalls. or more newspapers of the city, at least three weeks be¬ fore the first of January next, and so in December of every year thereafter, giving at least ten days notice, that he will on a day certain before the said first of January, offer for rent to the highest bidder—being not less than the minimum Mlnhnumrato p r i ce s fixed by the third section of this ordinance—the stalls observed° ° * n sa ^ mar ket house for one year from the said first of Janu¬ ary; and if any of the stalls shall, from any cause, not be rented on the days appointed for the renting thereof, the clerk of the market shall rent the same at any time thereafter, at a rate per annum not less than the minimum price before men¬ tioned. V. That it shall not be lawful for any person or persons Regulations to occupy or obstruct any part of the footways in front of the as to the foot- CO urt house and offices in the Diamond with tables, benches, of^the 1 court barrels, b a g s ? baskets, furniture, vessels, or packages, or with house and pub- vegetables or other marketing whatever, either on market iic offices. days or at any other time, under a penalty of two dollars for every offence; and it is hereby especially enjoined upon the constables attending upon the markets, to cause all such ob¬ structions to be forthwith removed, and to compel the due observance of this ordinance. Renealinff VI. ^hat an y ordinance, or such part thereof, as is incon- clause 5 sistent with the provisions herein contained, is hereby repeal¬ ed. 4 Passed 27th May, 1833; and recorded 4th June, 1833, in Book A. pages 189—90. CHAPTER CLXXVL An Ordinance concerning the deposit of offensive matter, &c. I. That it shall be the duty of the street commissioner forthwith to procure a float, properly constructed and of suffi- 4 The three last sections of the ordinance in the text are supplementary to the general ordinance regulating markets, passed 7th September, 1816, and the several supplements thereto. See chap. 8, ante, pages 80—87, and the notes appended thereto, referring to the various ordinances regulating the market houses, and pre¬ scribing the duties of the clerk of the markets, weigh master, and city constables respecting the same. With respect to stall rents, particularly before the passage of this ordinance, see chap. 86, ante, pages 172—3, and the references therein. A ELECTIONS. 663 cient length and breadth to admit a cart and horse, with Duty of the room to turn thereon, which shall be moored with a chain street commis- cable to the shore, at the junction of the Monongahela and S10nei > c * Allegheny rivers, in such a manner that carts may drive there¬ on and empty their contents into deep water. II. That so soon as the street commissioner has prepared the above mentioned float, that he shall give due notice there¬ of, by one publication in each of the papers of the city, and Public notice after notice is given as aforesaid, the float so prepared shall to be given, be the only place of deposit for filth, which shall be tilted by the person conveying the same clear of the float; and for eve- ry violation of this ordinance, the person so offending shall breachoncon- forfeit and pay the sum of ten dollars on conviction thereof, viction. before the mayor or any alderman of the city. III. That so much of any ordinance as is supplied by this, Repealing be and the same is hereby repealed. 5 clause. Passed 27th May, 1833; and recorded, 3d June, 1833, in Book A. pages 188—89. CHAPTER CLXXVII. An Ordinance fixing the places of holding all city and general elections. Whereas, by an act of the general assembly of this com¬ monwealth, passed 2d April, 1833, it is made the duty of the select and common councils of the city of Pittsburgh, within three months after the passage of said act, to fix the places P reamble * of holding all general and city elections at such houses with¬ in the bounds of the respective wards, and not elsewhere, as said councils may designate—Therefore, I. Be it ordained and enacted , S$c. That from and after the passage of this ordinance, the qualified electors of the city of Pittsburgh shall vote at all general and city elections, within the bounds of their respective wards, as follows: further supplementary act was, however, passed on the 16tb of May, 1835, respect¬ ing the limits of the market, for the sale of horses, carriages, cattle, &c. see chap. 200 , post. 5 Previous to the passage of the act in the text, there was.no place of deposit for filth and garbage designated—but under the general regulation respecting nui¬ sances, the street commissioners were invested with full powers, &c. See the “ ordinance for the suppression of nuisances and introduction of wholesome regula¬ tions in the city,” passed 7th Sept. 1816, chap. 16, ante , page 99, &c. The ordi¬ nances for sanitary purposes, chap. 161, ante, p. 585, and chap. 174, ante, p. 659, were for temporary purposes, and expired by their own limitations: and the provi¬ sions of this ordinance are partially repealed and supplied by the “ ordinance regu¬ lating the cleansing of vaults, privies and necessary houses, and for the suppression of all nuisances arising from the same within the city of Pittsburgh,” passed 29th of September, 1834. See chap. 187, post. 664 CITY LOAN. North ward. The electors of the north ward at the house now occupied by Thos. Wynne, at the corner of Liberty and St. Clair streets. The electors of the south ward at the house now occupied South ward, bv Wm. Alexander, at the “ Masonic Hall,” corner of Smith- field and Third streets. F t i The electors of the east ward at the house now occupied as ar * by John Dully, corner of Wood and Fifth streets. West ward. The Actors of the west ward, at the court house, in the Diamond. Repealing II. That so much of any ordinance, heretofore passed, as clause. is hereby altered or supplied, be, and the same is hereby re¬ pealed. 6 Passed 3d July, 1833; and recorded 30th July, 1833, in Book A. page 190. CHAPTER CLXXVIII. An Ordinance authorizing the mayor to borrow the sum of six thou¬ sand dollars, for sanitary purposes. $6000 to be I. That the mayor of the city be, and he is hereby author- borrowed for j ze d, to borrow on loan, any sum or sums of money, not ex- samtary P ur " ceeding six thousand dollars, and to issue therefor, certifi- P Certificates cates under the seal of the corporation, of one hundred dollars of $100 to be each, or more, at the election of the lender, bearing an inter- issued. est of not more than six per cent, per annum, which interest shall be made payable, half yearly, at the bank of Pittsburgh, Certificates and the certificates so issued, shall be severally transferable transferable, by the subscribers, or their legal attorneys, executors, ad¬ ministrators, or assignees, by endorsement thereon, at the of¬ fice, and in the presence of the treasurer of the city; and shall not be paid or reduced by the city, except with the con¬ sent of the holders thereof, before the expiration of one year from the date of the loan. Corporatepro- That t ^ ie credit, funds, revenue, and corporate perty pledged property of the city, be and they are hereby pledged for the 6 This ordinance was passed in pursuance of the provisions of the act of assem¬ bly entitled, “An act to continue in force the several acts relative to the district court of the counties of Lancaster and York, and for other purposes,” passed on the 9th April, 1833. See pamphlet laws of Pennsylvania, sess. 1832—33, p. 215—18. See also, ante, 609—11. But the provisions of that act of assembly are, in a great measure, altered and supplied by a subsequent act, passed on the 26th of December, 1833, entitled “A supplement to an act incorporating the city of Pittsburgh, passed 18th of March, 1816.” See pamphlet laws of Pennsylvania, sess. of 1833—34, p. 4 and 5—in pursuance of which several ordinances have been since passed. See chap. 181, passed 7th Jan. 1834—chap. 210, passed 31st of August, 1835, and chap. 211, passed 15th of January, 1836, jwst. CITY LOAN. 665 sums hereby-authorized to be borrowed as aforesaid, and for for re-payment the interest of the same. 7 8 * of loan. Passed 5th August, 1833; and recorded 14th August, 1833, in Book A. page 191. CHAPTER CLXXIX. An Ordinance authorizing the mayor to borrow a further sum of fifteen thousand dollars, for the use of the city. I. That the mayor be and he is hereby authorized and em- Mayorautho- powered to borrow the sum of fifteen thousand dollars, and to rized to bor- issue therefor certificates under the seal of the corporation, ^e'rtUlcates of of one hundred dollars each, or more, at the election of the^jpo eac k to lender, bearing an interest of not more than five percent, per be issued, annum; which interest shall be payable half yearly at the Interest 5p.ct. bank of Pittsburgh, except so much as may be borrowed 0 r year- held by transfer in Philadelphia; the interest of which shall pp^urghi & be paid semi-annually at the Schuylkill Bank in the city of Schuylkill bk. Philadelphia, and the certificates so issued shall be signed by the mayor, and countersigned by the treasurer; and shall be severally transferable by the subscribers or their legal re- Stock trans- pressntatives at the office and in the presence of the treasu- Arabic, rer of the city, and shall not, be redeemable by the city, with- Not to be re- out the consent of the holders thereof, before the first day of deemed until July, in the year of our Lord one thousand eight hundred and 1847 ’ forty-seven. II. That the faith, credit, funds, revenue and corporate Property of property of the city be, and they are hereby solemnly pledged corporation for the amount hereby authorized to be borrowed as aforesaid, fudged for re¬ ft nd for the payment of the interest of the same. 8 y Passed 27th November, 1833; and recorded 5th December, 1833, in Book A. pages 191—92. CHAPTER CLXXX. An Ordinance repealing the third section of an ordinance passed on the 31st day of Dec. 1832, entitled an “ordinance providing for the cleansing the streets of the city of Pittsburgh.” I. -That the third section of an ordinance, entitled “An or- 7 See statement of the various loans made by the city, in the appendix, and the account and statement of expenditures for sanitary purposes attached thereto; as also the statement, post , in the appendix, entitled “ Public Loans and City Debt,” and the notes and references appended to chaps. 190 and 191, post. 8 See statement, post, in appendix, entitled 11 Public Loans and City Debt.” And by a subsequent ordinance, passed 29th November, 1834, see chap. 190, post, the 666 WARDS AND CITY ELECTIONS. 3d sect. ord. dinance providing for the cleansing the streets of the city of 31st Dec. 1832 Pittsburgh,” passed the 31st of December, 1832, requiring the repealed. appointment of an additional street commissioner, be and the same is hereby repealed. 9 Passed 30th December, 1833; and recorded 9th January, 1834, in Book A. page 192. CHAPTER JCLXXXI. An Ordinance to divide the city into wards or districts, and for other purposes. Whereas, by an act of the general assembly of this com¬ monwealth, passed the 26th day of December, 1833, the se¬ lect and common councils of the city of Pittsburgh are re- Preamble T^ rec ^ to meet on th 8 first Tuesday of January, and divide said city into four wards or districts, and to fix the places for holding all general and city elections for the said wards at such houses within the bounds of the respective wards, and not elsewhere: 10 I. Be it ordained and enacted , ° suffering their privies or necessary houses to become public nuisances, contrary to the provisions of the existing city ordi¬ nances in such case made and provided. IV. That so much of the ordinance, entitled u an ordinance clause^ 65 concern * n g the deposite of offensive matter,” &,c. passed on the 27th of May, 1833, and all other ordinances, or such parts thereof, as are inconsistent with the provisions of this or¬ dinance, be and the same are hereby repealed. 19 Passed 29th September, 1834; and recorded 7th October, 1834, in Book A. pages 196—97. CHAPTER CLXXXVIII. An Ordinance in relation to the footways on Seventh street. Breadth of I. That the footways on that part of Seventh street, be- footways lb tween the canal bridge and Coal lane, shall be of the breadth mited. G f t en feet and no more, as measured from the line of the street towards the gutter and including the curb stone. Repeal. II. That any ordinance, or so much thereof, as is hereby altered, be and the same is hereby repealed. 20 Passed 29th September, 1834, and recorded 7th October, 1834, in Book A. page 198. CHAPTER CLXXXIX. An Ordinance on the subject of locks for wagons and other wheeled carriages, in the city of Pittsburgh. I. That from and after the passage of this ordinance, no 1 9 This ordinance, chap. 187, entirely repeals the ordinance, chap. 176, ante , p. 662, which see, and the notes appended thereto. For further information as to the creation and removal of such nuisances as are contemplated by this ordinance, see titles in the general index, ante , “ Nuisances,” 44 Street Commissioner,” and “Fines and Penalties.” 2 o For reference to the several existing ordinances respecting footways, &c. see notes and references appended to chap. 127, ante, p. 526. CITY LOAN. 67 5 wagon, or other wheeled carriage, shall pass over any of the Wagons and paved streets of the said city, with the wheel or wheels lock- carriages not ed in the common mode; but that in all cases where locking{ock’d'wheels 1 may be necessary, the patent break lock shall be used, and no other. II. That if any individual shall cause to pass over any of the paved streets, lanes or alleys, of the said city, any wagon or other wheeled carriage, the wheel or wheels of which Penalty of $10 shall be locked in any other manner than that specified in thel° r every of- first section of this ordinance, he or she shall, for every such tence ’ offence, forfeit and pay on conviction thereof, before the may¬ or, or any alderman of the city, the sum of ten dollars. Passed 29th November, 1834; and recorded 8th December, 1834, in Book A. page 198. CHAPTER CXC. An Ordinance to repeal the authority to borrow money by virtue of an ordinance, passed the 27th day of Nov. 1833. Whereas, by an ordinance passed the 27 th day of Nov. 1833, the mayor is authorized to borrow the sum of fifteen thou- Preamble, sand dollars; and whereas the sum of six thousand dollars has been borrowed under the authority of said ordinance: There¬ fore— I. Be it ordained and enacted , $$c. That all authority to the mayor, by virtue of an ordinance passed the 27th day of. Authority to Nov. 1833, to borrow any further sum than the six thou- sand dollars already loaned to the city thereon, shall hence- yoked, forth cease and determine, and the same is hereby repealed. 21 Passed 29th November, 1834; and recorded 8th December, 1834, in Book A. page 198. CHAPTER CXCI. An Ordinance for raising money by loan, to be applied to the dis¬ charge of several debts heretofore contracted by the corporation of the city of Pittsburgh. Whereas, by virtue of several ordinances of the select and common councils, passed the 29th day of June, 1828,3d day p ream hi e of December, 1828, 23d day of February, 1829, 27th day of July, 1829, and by a resolution passed the-day of- 21 The ordinance herein referred to, chap. 179, ante , p. 665, authorized the may* or to borrow the sum of $15,000—but $6000 only of the stock was taken. See statement, post, in the appendix, entitled 11 Public Loans and City Debt M 676 CITY LOAN. 1834, certain sums of money were loaned to the corporation, bearing an interest of 6 per cent, per annum, and redeemable on the 15th day of December, 1834, and 1st day of July, 1835; for the redemption thereof, I. Be it ordained and enacted ., Sfc. That the mayor is here¬ by authorized to give notice, by an advertisement in the news¬ papers of this city, weekly, until the first day of January next, and also in two of the daily newspapers published in the city of Philadelphia, during the same time, that he will, in behalf of the “ mayor, aldermen and citizens of Pittsburgh,” at any Mayor autho- time before the first day of April next, receive sealed propo- rized to bor- sals for a loan of the whole or any part (not less than, nor con- row $75,000. taining any fraction of one hundred dollars,) of the sum of se- r ct^avable vent y-five thousand dollars, at an interest of five per cent, per half yearly. annum, payable half yearly, on the first days of January and July, either at the office of the city treasurer or at the Schuylkill Bank, or at such other place within the city of Philadelphia, as the councils may hereafter, by ordinance, designate, at the option of the lenders, redeemable (and not otherwise, without the consent of the lenders or their assigns,) as follows: twen- When re thousand dollars on the first day of July, one thousand deemable. eight hundred and sixty-two, twenty thousand dollars on the first day of July, one thousand eight hundred and sixty-four, twenty thousand dollars on the first day of July, one thousand eight hundred and sixty-six, and fifteen thousand dollars on the first day of July, one thousand eight hundred and sixty- Certificates of eight, for which certificates, under the seal of the corpora- $100 each to tion, shall be issued, in sums of one hundred dollars each, or, be issued for a t the option of the lenders, in sums of a greater amount, the same. w hich proposals shall express the sums which the offerers* respectively, are willing to contract to pay for every hundred dollars of certificates. Proposals to II. That on the said first day of April next, the mayor shall be opened on proceed to open, in the presence of the treasurer, and a ma- ip^ St0 ^ Aplii j ont y “ comrn ittee of finance,” all the sealed proposals received by him, whereupon, they shall determine the propo¬ sals to be accepted, and the mayor shall forthwith give notice of the proposals so accepted, to the person or persons by whom they shall have been made, who, upon complying with When and the terms by them respectively offered, and paying the amount, how payments with the advance, if any, into the treasury, on or before the aretobemade. ^ a y 0 f j u ]y nex t, either in cash or in the certificates and debts to be redeemed and paid, shall receive a certificate to the amount of their respective loans, to be signed by the may- How& where or, and countersigned by the treasurer of the city, which tic- certificates of kets shall be transferable by endorsement thereon made in tr^sferred ^ P resence °f l ^ e treasurer of the city, or in the presence of the raps erre . cas hj er 0 f the Schuylkill bank, or such other person within CITY LOAN. 677 the city of Philadelphia, as the councils may hereafter desig¬ nate. JIf. That the faith, credit, funds, revenue, and corporate property of the city be, and they are hereby solemnly pledged for the payment of the sums hereby authorized to be borrow¬ ed, as aforesaid, and for the interest of the same. 22 Property, &c. of corporation pledged for re¬ payment. Passed 29th November, 1834; and recorded 8th December, 1834, in Book A. pages 199—200. 22 The blanks in the preamble of this ordinance never having been filled, it is now uncertain what particular resolution of councils of the year 1834 was intend¬ ed. A reference to the minutes of the common council, however, present the fol¬ lowing statement. The ordinance, chap. 179, ante , p. 665, passed on the 27th of November, 1833, 'authorizing the mayor to borrow the sum of $15,000 for the use of the city—under which ordinance it appears only $6000 were obtained. (See chap. 190, ante, p. 675.) On the same day, 27th Nov. 1833, the following resolutions were adopted by both councils:— “ 1. Resolved, That the mayor and treasurer of the city be and they are hereby authorized to borrow, for the use of the city, the sum of $5000, to be repaid in 90 days; and that the faith, credit and funds of the city be pledged for the re-payment of the same. “ 2. Resolved, That when the said loan is effected, the treasurer shall place the same to his credit in the bank of Pittsburgh, and apply the same to the payment of the several loans heretofore obtained by the city; and likewise make provision for the payment of the interest due at Philadelphia on all such loans. “ 3. Resolved', That the money arising from the loan thus effected, shall be whol¬ ly applied to the payment of interest, due or to become due, on city loans, and to no other purpose whatever.”— Minutes of com. council, 27th Nov. 1833, page 198. On the 24th of February, 1834, the councils passed the following joint resolution, to wit. u Resolved, That the resolutions passed on the 27th of November, 1833, authorizing the treasurer of the city to borrow the sum of $5000, to be repaid in 90 days, be continued in force; and that a renewal of the loan thereby authorized, be made for the further term of 90 days from and after the expiration of the time for which said loan was taken.”— Minutes of C. C. page 225. At the same session of the councils, (24th February, 1834,) was passed the ordi¬ nance, chap. 184, ante, p. 670, “ authorizing the mayor to borrow the sum of $10,000 for the use of the city.” On the 26th of May, 1834, the following joint resolution was passed by the coun¬ cils, to wit. “ Resolved, That the city treasurer be and he is hereby authorized to obtain from the Bank of Pittsburgh, a renewal for the term of 69 days, of the tem¬ porary loan of $5000, falling due at that bank on the 30th inst. and that the faith, credit and revenue of the city are hereby pledged to the Bank of Pittsburgh, for the payment thereof.”— Min of C. C.page 236. On the 2d of August, 1834, the councils passed the following joint resolution, to wit. u Resolved, That the treasurer of the city be and he is hereby authorized to borrow, on temporary loan, the sum of $6000, payable on the 1st day of December next; and that the faith, credit, income and property of the city are hereby pledged for the payment of the same with interest: said loan shall be exclusively appropri¬ ated and applied by the treasurer, to redeem a loan, of like amount, obtained in pursuance of an ordinance passed on the 5th day of August, 1833.”— Min. of C. C. page 242. See chap. 178, ante, p. 664, “ authorizing the mayor to borrow $6000 for sanitary purposes. ’ 1 On the 29th of September, 1834, the following joint resolution was passed by the councils, to wit. u Resolved, That the mayor be authorized to borrow on tem¬ porary loan, for 90 days, the sum of $2000; and that the faith, credit and funds of the city, be pledged for the payment of the same.”— Min. C. C.p. 247. And on 678 CITY PRINTERS. CHAPTER CXCII. An Ordinance for the appointment of city printers. I. That the mayor be, and is hereby authorized to receive proposals to P ro P osa l s until the first day of March next, and yearly there- bereceivedby after, in the month of January, for printing and publishing the mayor. " weekly, in any of the newspapers of the city, all ordinances, city accounts, advertisements, proclamations, &c. that may be ordered for publication by the city councils, their committees, the street commissioner, or the mayor: such proposals to set forth the price per square for one, or more than one inser¬ tion: and the mayor is hereby authorized to appoint the two Mayor au-l ovves t and best bidders; who shall, upon such appointment, poinUvvo 0 vm on ty authorized city printers and publishers entitled to ters. 1 receive compensation for the city printing, unless otherwise specially ordered by a joint resolution of councils. 2 3 Passed 18th February, 1835; and recorded 4th March, 1835, in book A. pages 202-3. the 15th of December, 1834, the following was adopted, to wit. “ Resolved, That the treasurer of the city be and he is hereby authorized to extend the payment of a temporary loan authorized by a resolution of the councils, 17th [29th] of Sep¬ tember last, for $2000, to the first of July, 1835, provided the holder of the same be willing so to do.” Minutes C. C.p. 254. This last loan of $2000 is, probably, not embraced in the provisions of the ordi¬ nance, chap. 191, evidently being for a temporary purpose—the other loans of $5000 and $6000, certainly are, although the date of the resolution is left blank. The ordinances referred to are—1st. chap. 106, ante, p. 192, passed 29th October, 1827, authorizing a loan of $2000, for the use of the water works.—2d. chap. 117, ante, p. 204, passed 30th June, 1828, authorizing a loan of $15000 for the same pur¬ pose.—3d. chap. 119, ante, p. 513, passed 3d December, 1828, authorizing a loan of $15000, for what particular purpose is not specified or declared.—4th. chap. 123, ante, p. 516, passed 23d of February, 1829, authorizing a loan of $10,000, to dis¬ charge the appropriation of the current year.—And 5th. chap. 127, ante, p.535, passed 27th July, 1829, authorizing a loan of 10,000, for the purpose of completing the water works; making altogether $70,000. The resolutions of councils of 27th Nov. 1833, 24th of February, 1824, and 26th of February, 1824, authorizing a loan from the Bank of Pittsburgh of $5,000, and the ordinance in the text being for $75,000, it is apprehended that the loan authorized by chap 191, does not embrace in its provisions of payment the sum of $6000, authorized to be borrowed by chap. 178, ante, p. 664 for sanitary purposes. See further statement, post, in the appen¬ dix, entitled “Public Loans and City Debt .” A supplement to this ordinance was passed on the 18th February, 1835, see chap. 194, post, authorizing an additional loan of $5000—making in all $80,000, subject to the terms and conditions of this ordinance; and a further supplement was passed on the 19th of June 1835, see chap. 204, post, by which certificates were authorized to be issued to the holders of the stock of $1000 each, to be transferable in the city of Philadelphia, at the Bank of Pennsylvania, in the presence of the president or cashier thereof, and the semi-annual payment of the interest thereon to be paid at that bank, in place of the Bank of Schuylkill —thus partially repealing the 1st section of the ordinance in the text, chap. 191. 23 All the provisions of this ordinance are repealed and supplied by chap. 214, post, passed 19th January, 1836, '‘providing for the appointment of city printers.” CITY BILLS. 679 CHAPTER CXCIII. An Ordinance for the redemption of city bills, and for the pay¬ ment of the interest thereon, under certain provisions. I. That the sum of five hundred dollars be, and the same Appropria¬ te hereby appropriated for the redemption of all eity bills^tion 6 * 0 ? yet in circulation, issued in pursuance of an ordinance of this ^ P bUls in city, and for the payment of the interest thereon; provided that circulation, payment of said bills and interest, be demanded from the city treasurer, at his office, on or before the first day of April, 1835. II. That from and after the said first day of April, 1835, the interest upon the city bills issued in pursuance of any cit^bMs* to ordinance of this city shall cease, and it shall not be lawful ^ease after 1st for the city treasurer to pay interest and charge the city there- April, 1835. with, with any city bills presented for redemption, or offer¬ ed as payment for any taxes, water rents, stall rents, or other city dues, from and after said first day of April; Provided, t 0 P [hoge° that this ordinance shall not be so construed as to prohibit the presented for redemption and payment of the principal of said city bills payment be- and of the interest on the same to the said first of April, f°|; e 1 st A- 1835, at any time hereafter. pn1. Passed 18th February, 1835; and recorded 4th March, 1835, in book A. page 203. CHAPTER CXCIV. An Ordinance supplementary to an Ordinance entitled “An Ordi¬ nance for raising money by loan, to be applied to the discharge of several debts heretofore contracted by the corporation of the city of Pittsburgh.” I. That the mayor be, and he is hereby authorized and re¬ quired, to give notice by advertisement, weekly, in the news- . Ma y° r to papers of this city, and in two daily newspapers in the city of f oan G f $5000 Philadelphia, for three weeks, that he will, in behalf of the by advertise- mayor, aldermen, and citizens of Pittsburgh, at any time be- ment. fore the first day of April next, receive proposals for a further loan of five thousand dollars , at a rate of interest not exceed¬ ing five per cent, per annum, payable half yearly, on the same 5 pr. ct. ints. days and at the same places as the interest on the loan au- to thorized by the ordinance to which this is a supplement, tey^y 6 ha * made payable; and the same forms of certificates shall be issued y and given to the lenders, and the same proceedings shall be ^ oan not to observed in conducting this loan as are set forth in said ordi- be redeemed nance: which loan as aforesaid, for five thousand dollars, shall until 1st July not be redeemed by the city, without the consent of ihe hold- 680 WATER RENTS. ers thereof, before the first day of July, one thousand eight hundred and sixty eight . 24 Passed 18th February, 1835; and recorded 4th March, L835, in book A. page 203-4. CHAPTER CXCV. An Ordinance to change the mode of assessing and collecting water rents, and for other purposes. I. That forthwith and from and after the passage of this or¬ dinance, and at the organization of the water committee, in Assessor & each and every year hereafter, it shall be the duty of said com- t e r * rent s tcTlTe* m *^ ee to a PP°' nt some suitable person as assessor and regis- appointed, 6 ter °f water rents, who shall annually, in the month of April, and as soon after the first of April in each and every year hereafter, as possible, make out and prepare a correct alphabetical list of the names of all persons using the hydrant water, designating the streets and alleys in which they reside, Alphabetical the number of the buildings they severally occupy, as far as ou^&^aid*^bef same * s P ract icable, the name of the owner or owners of fore the water building so occupied, the trade or occupation of the per- committee. son being the principal renter or occupant of each house, and the amount of water rent wherewith each individual may be assessed or is entitled to pay for the current year, which said list, when so prepared and completed, shall be forthwith laid before the water committee, whose duty it shall be carefully to examine the same and make all necessary corrections and additions therein; and when so corrected, the committee shall To be ap- approve the same in writing, and it shall be the duty of said proved of and register and assessor of the water rents to enter a correct copy made a book 0 f sa id list so made out and approved, in a book of record, to ot record. kept wa | er committee for that purpose at their office, which said book shall be open to the inspection of the members of the councils, at all seasonable times, if required. II. That when the said annual list of water rents shall be completed and approved of by the water committee, as afore- To be de sa ^ ? ^ assessor arj d register to deliv- livered to the er ^be same to the collector of the city taxes, who is hereby collector, &c. authorized and required, forthwith, to demand payment of the said water rents from the persons residing on the prem¬ ises or owning the estates charged therewith, and to collect the same without delay, and pay over weekly the same as col¬ lected to the city treasurer; and the said collector shall be al¬ lowed such per cent, for his trouble and services in collecting 24 For the ordinance to which this is supplementary, see chap. 191, ante . p. 675, passed 29th November, 1834, and also statement, post , in the appendix, entitled “ Public loans and city debt” See, also, chap. 204, post , passed 19th June, 1835. WATER RENTS. 681 the said water rents, and paying them over to the treasurer, Payments to as is or may be allowed him for collecting the city taxes for bemadeweek- the time being: Provided , that the said collector shall, before ^ to the treas " entering upon the duties enjoined by this ordinance,first give * bond with surety, to be approved of by the water committee ce niage allow- in the sum of six thousand dollars, conditioned that he shall e d as for col- well and faithfully pay to the treasurer, at the times and in lecting city the manner herein prescribed, all the water rents which he taxes, shall collect, and that he shall not apply to his own use, or any purpose inconsistent with this ordinance, any of the money - e ° b Q C n ^ r by him collected, and shall faithfully do and perform all the $6000. duties enjoined on him by this ordinance. III. That it shall be the duty of said collector, on the 1st Monday of August in each and every year, to report in wri¬ ting to the register of water rents, all delinquents on his list or duplicate of water rents, and to make oath or affirmation, Duties of to be written on the said report and to be signed with his co ector * name and that of the alderman or magistrate by whom the same shall be administered, that he, the said collector, has de¬ manded payment of the said water rents from the persons re¬ siding on the premises or owning the estates charged there¬ with, and hath not received the same, or any part thereof; and the said register shall immediately give notice in writing to . Notice to be such delinquents, of the amount of the water rents due by £ lven to delin_ them respectively; and that unless the said water rents shall ** be paid before the expiration of two weeks thereafter, they will be deprived of the use of the water; and that suit will be instituted for the water rent due, as well as for the charges of detaching the ferule from the pipe of conduit, and the ex- Ferules to penses of repaving over the water pipe, together with an ad- be removed in dition of ten per cent, on the amount, as a penalty for such a11 cases delinquency; and on the failure of such delinquents to make P a y men • the required payments, the register of the water rents is here¬ by directed and enjoined to make a report in writing, on the first Monday in September of each and every year, containing ^ e P ort to be the name and residence, with the rents and charges due by ™ a each delinquent, which shall be delivered to the superintend- Sept, annual- ent of the water works, who, on receiving the said report, ly. shall forthwith cause the ferules of all such delinquents to be detached from the pipe of conduit, unless the amount of the rent due be paid to him, and which he is hereby authorized to receive, and pay the same over to the register of the water rents; and the said register shall cause suits to be instituted ing^tuted* 0 before the mayor or any alderman of the city, against all such gainst del in¬ delinquents for the recovery of the water rents due and un- quents. paid, as well as for the charges of detaching the ferule from the pipe of conduit and the expense of repaving over the wa¬ ter pipes, with costs of suit, together with ten per cent, addi- Penalty, tional on the amount, and, when the same are so recovered he shall pay the same over to the city treasurer. 107 682 WATER RENTS. Assessor & register to give bond in $2000. Salary of $300 per an. allowed to as¬ sessor and re¬ gister- IV. That the assessor and register of the water rents shall, before entering upon the duties of his office, give bond, with such sureties as shall be satisfactory to the water committee, in the sum of two thousand dollars, conditioned for the faith¬ ful performance of the duties appertaining to his office, and that he will well and faithfully pay over to the treasurer all the water rents which he shall collect and recover, and the said assessor and register of water rents shall be allowed a yearly salary of three hundred dollars, payable quarterly, by warrants drawn by the mayor upon the city treasurer. V. That for the present year, and annually thereafter, the superintendent of the water works shall be allowed for his Superintend- sery i ces as by law required of him, a yearly salary of twelve ent of water hundred dollars, payable quarterly, as other city officers are paid, works—his sa- and shall have a house and fuel furnished him at the water lary y &e. works without charge therefor: Provided , that the said su¬ perintendent shall employ a trusty and skilful engineer for the Sup. to em- water works, at such annual or per diem salary as may be agreed ploy an engi- for, whose service shall be paid for by the superintendent out of neer. the yearly salary allowed him by this ordinance. VI. That so much of an ordinance entitled “an ordinance to enable and empower the water committee to appoint and elect a suitable person as assessor and collector of the water R rents,” passed the 28th day of January, 1833, as is inconsist- clause. S ent herewith, and such other ordinance as is hereby altered and supplied, be and the same is hereby repealed. 25 Passed 21st February, 1835; and recorded 4th March, 1835, in book A. pages 200, 1 & 2. CHAPTER CXCVI. An Ordinance concerning the assessment and appropriation of the city taxes, for the year 1835, and for other purposes. I. That for the purpose of raising supplies for the present year, there shall be levied upon, and collected from the per¬ sons, professions, trades and property, within said city, made $22,000 to be taxable, the sum of twenty-two thousand dollars , ox jive mills raised for city on each dollar of the county valuation for the year 1835, as a purposes. c ity tax: And, agreeably with the resolutions, adopted at the several ward meetings of the people, held in pursuance of the 2 5 This ordinance repeals and supplies many of the provisions contained in former ordinances, particularly those of chap. 172, ante, p. 599—602, passed 28th January, 1833, entitled “An ordinance to enable and empower the water com - mittee to appoint and elect a suitable person as assessor and collector of water rents, and for other purposes.” The duties heretofore performed by that officer are now divided between the assessor and register of the water rents, and the collector of the city taxes , who is hereby made collector of the water rents. See the notes and re¬ ferences appended to chap. 172, ante, p. 602. ASSESSMENT. 683 7th section of the act of assembly, “ to establish a general system of education by common schools,” the additional sum of eight thousand eight hundred dollars shall be laid upon the taxable inhabitants of said city, at the rate of two mills upon each dollar of the valuation, as aforesaid, for the present year, which sum shall be levied and collected as a tax for the support of common schools within said city. II. That the aforesaid sums, together with the moneys now in the treasury, the arrearages of the taxes heretofore assessed, as well as all moneys arising from rents, fines, forfeitures, li¬ censes, wharfages, loans, &c. shall be, and the same is here¬ by appropriated as follows, to wit: No. 1 . — Salaries of city officers , to wit: Mayor, five hundred dollars, Treasurer, five hundred dollars, Wharf-master, four hundred dollars, Street Commissioner, three hundred and sixty-five dollars, Clerk of Markets, one hundred and fifty dollars, High Constable, two hundred dollars, City Constables, one hundred dollars each, 600 00 Clerks of Councils, each 150 dollars, Bell Ringer, eighty dollars, Messengers of Councils, each 25 dollars, Assessor of city taxes, sixty dollars, Recording Regulator, two hundred dolls. 200 00 Superintendent of water works, Assessor and Register of water rents, 4,905 00 534 50 ersj to wit: $500 00 500 00 400 00 365 00 150 00 200 00 i, 600 00 300 00 80 00 50 00 60 00 200 00 1200 00 300 00 Balance of appropriation for 1834, No. 2.— Loans falling due in 1832, [1835,] viz: 28 Old water loan, on 1st July, 70,000 00 Temporary loans, due 1st July for $6,000 Do. 1st July, for 2,000 Do. 27-30 April, for 2,000 -10,000 00 -80,000 00 No. 3.— Interest on city debt . Arrearages due 1st Dec. 1834, and 1st January 1835, 821 28 Payable in 1835, 10,321 33 11,142 61 No. 4.— Cleaning paved cartways . Due on contract for 1834, 544 75 2 6 See chap. 191 , ante, p/675, and notes appended thereto; and a] post , in the appendix, entitled “ Public Loans and City Debt.” $8,800 to be levied for sup¬ port of com¬ mon schools. Salaries. Loans. Interest. statement, 684 ASSESSMENT. Wharves. Paving, &c. Printing. Brought over, 544 75—$96,582 11 For 1835, 1,725 00 - 2,269 75 No. 6 .— Wharves and landings , 1,000 00 No. 7.— Paving and grading cartways and repaving paved cartways , Sfc. viz. For finishing pavement on Seventh street, &c. per contracts of 1834, 381 55 Paving for 1835, 1618 45 - 2,000 00 No. 8 .— Public printing . Due on account of printing for 1834, 239 75 For 1835, 300 00 - 539 75 San. board. No. 9 .— Hospital and Sanitary fund, 1000 00 City bills. No. 10. — Redemption and interest of city bills, 500 00 Water works. No. 11. — City water works , 6,500 00 No. 12 .— Contingent fund. Warrants issued in 1833 & 1834, charge¬ able to this account, 1,003 67 Contingent Unpaid, 2,500 00 fund. Contingent fund for 1835, 4,194 18 Paving, &c. - 7,697 85 No. 13.— Paving Water street. From Smithfield to Grant street, in pursuance of an ordinance providing for the pavement of cart¬ ways, &,c. passed 14th Dec. 1816, 522 93 Total amount. $121,232 39 No. 14. —Common schools. 27 Amount of tax levied for support of com- School fund. mon schools, at the rate of 2 mills, $8,838 00 From which deduct for appeals, lost tax¬ es, and fees of collection, estimated, 538 00 -$8,300 00 Passed 21st of February, 1835; and recorded 17th March, 1835, in Book A. pages 204, 5 and 6. 2 7 For the act of assembly, entitled “ an act to establish a general system of edu¬ cation by common schools,” passed 1st April, 1834, under which this appropriation of $8838 was authorized and required, see Pamph. Laws of Penn. sess. of 1833—34, p. 170—79. The 7th sect, respecting “ the meetings of the people in districts,” hav¬ ing been strictly complied with, the appropriation became imperative on the city authorities. By the 21st sect, of this act, it is provided, “ that the several duties of district treasurers, in the cities of Philadelphia, Lancaster and Pittsburgh, shall be performed by the treasurers of the respective counties, and their accounts shall be audited and settled by the county auditors, as in other cases.” For the account of the expenditure, &c. of this appropriation, see the official accounts of the treasu¬ rer of Allegheny county, as settled by the county auditors, and appendix. O* For the acts of assembly respecting “common schools and a general system of education,” see appendix. GAS LIGHTS. 685 CHAPTER CXCVII. An Ordinance for the reduction of the rent paid by weigh master of the market house. Rent of weigh I. That the rent of the weigh house at the market, for the house $50 per present year, be fixed at fifty dollars. annum. II. That all ordinances as to the rent of weigh house be and the same are hereby altered and repealed. 28 Passed 23d February, 1835; and recorded 3d March, 1835, in Book A- page 200. CHAPTER CXCVIII. An Ordinance for the construction and management of the Pitts¬ burgh gas works. I. That for the construction and carrying on the works hereinafter provided for, the sum of fifty thousand dollars, to iooo shares be divided into one thousand shares, 29 of fifty dollars each, of stock of $50 shall be raised in the following manner: A book shall be ea °hbe sub¬ opened by the city treasurer, at such convenient place as he scn ed * may designate, on the second Monday of May, 1835, and be kept open during the office hours 30 of said treasurer, for six Q to be juridical days thereafter, 31 in which the said treasurer shall p permit all persons of lawful age, either personally or by attor¬ ney, duly authorized, to subscribe for any number of shares of the said stock, on the following conditions:—The said book shall be headed in the following manner: “ We, whose names are hereunto subscribed, promise to pay to the city treasurer Formofsub- the sum of fifty dollars for each share of stock set opposite our scription. 2 8 This ordinance repeals and supplies the 2d sect, of chap. 131, ante, p. 538, by which the annual rent of the weigh house at the market was fixed at $150, payable quarterly. Whether the phrase, “present year'' in the 1st sect, intended to limit the reduction to that year, (1835,) is uncertain; but the 2d sect, as to the alteration and repeal of former ordinances appears to be imperative. 2 9 By chap. 203, post, passed 1st June, 1835, five hundred and eighty-five shares of this stock was directed to be sold at public auction on the 8th of June, and it was sold accordingly. 8 0 What was originally meant by the term of “ office hours” of the city treasu¬ rer, is not exactly known, or whether he had any authority to establish any particular office hours or not. The banks, insurance offices, &c. have established 3 o’clock, P. M. as the hour of closing, which fact suggested itself probably, to many, as the usual office hours of the treasurer; but in consequence of 585 shares of the gas works stock, having been subscribed for, after the passage of ordinance, chap. 201, on the 16th May, 1835, and after 3 o’clock of that day, a dispute arose, which resulted in the passage of chap. 203, post, which see—the preamble to which is explanatory of the whole transaction. 31 The time of keeping open the books for receiving subscriptions is extended to the first Monday of July, by the 4th sect, of chap. 201, above referred to. See, how¬ ever, chap. 203, post, passed 1st June, 1835, by which many material alterations were made—and by the 5th sect, of which the 4th sect, of the ordinance, chap. 201, pass¬ ed on the 16th May, 1835, was repealed entirely. 686 GAS LIGHTS. respective names, on the days and times, and in such quotas and proportions as may be fixed by the trustees appointed ac¬ cording to the provisions of an ordinance entitled, “an ordinance for the construction and management of the Pittsburgh gas works,” passed the 27th day of April, 1835. The said subscri¬ bers shall pay to the city treasurer, at the time of subscribing, ten Conditions of^ 0 ]i ars on each share, 32 and the remaining forty dollars on su scrip ion. eac k s jj are> at times and in such proportions as shall be required by the trustees herein provided for: Provided , That if such subscriptions shall exceed the full number of one Distribution thousand shares, they shall be divided amongst the subscribers of shares. p ro rata? according to their subscriptions, but not less than one share shall be allotted to any subscriber: and Provided further , That the said trustees shall have authority on the ap¬ plication of a majority of the stockholders, voting according Additional to t * ls ^ r res P ect i v e interests, and with the consent of the se- subscriptions. lect and common councils, to borrow any sum not exceeding $20,000, or to receive subscriptions for any additional num¬ ber of shares, not exceeding four hundred in the whole, if the same shall be found necessary to complete the works and put them in operation. 33 II. That when the said subscriptions are completed, and Certificates the payments made in full, on each share, certificates to be of stock to be signed by the mayor of the city, and countersigned by the city issued. treasurer, transferable in like manner with the certificates of the funded debt of the city, shall be issued in the following form: “Pittsburgh , 1835. “This is to certify that is the owner of shares of the stock created by an ordinance, passed the twenty-se¬ venth day of April, 1835, for the construction and manage¬ ment of the Pittsburgh gas works, for which is entitled to Form of cer- six per centum per annum upon the amount subscribed and tificates to be paid j n? provided pro rata proportion of the profits ari- issued to th e s | n gf rorn sa i(j works should not be equal to said rate of in- the gas stock, terest; but if said pro rata proportion of said profits should be equal to said rate of interest, then said proportion to be received in lieu of all interest upon said subscription and payment of stock, and the payment of any dividend or proportion of the profits upon said stock, shall be received as a payment of so much of said interest. The said is here¬ by entitled to the pro rata proportion of the profits arising from 3 2 This sum is reduced to Jive dollars by the 3d sect, of chap. 201, before refer¬ red to—the remaining $45, on each share, to be paid as herein provided. 3 3 By chap. 219, post, passed 3d March, 1836, subscriptions for 400 additional shares of stock were authorized to be subscribed for, on behalf of the city; and a loan of $20,000 authorized, to pay for the same, and that amount to be paid to the trustees of the gas works, at such times, and in such proportions, as they might re¬ quire. GAS LIGHTS. 687 said works, to be declared according to the provisions of the fourth section of said ordinance; subject, nevertheless, to the right of the mayor, aldermen and citizens of Pittsburgh, at any time the select and common councils may deem it ex¬ pedient, 34 to take possession of said works, and convert the said stock into a loan, redeemable in twenty years from the date of such conversion, bearing an interest of five per cent, per annum, payable half yearly, on the first days of February and August: 35 Provided , That the said mayor, aldermen, and citizens of Pittsburgh, are not to be responsible to the holder „ . . of this certificate, prior to such conversion, tor the payment ot interest, any money on account of said works, other than the interest hereinbefore provided for, as a guaranty of six per cent, upon the amount invested, and his, her, or their proportion of the profits, declared as aforesaid, and actually paid into the city treasury.” III. That within twenty days after the passage of this ordi- Time and nance, the select and common councils shall choose by ballot manner of e- twelve citizens of Pittsburgh, who shall be denominated trus-J^ m S trus “ tees of the Pittsburgh gas works, six of said trustees to be ees ' elected by the select council, and six to be elected by the common council: As soon as said elections are completed, the clerks of councils, respectively, shall divide the persons so chosen, by lot, into three classes; the first class to serve one 12 trustees to year, the second class to serve two years, and the third class be chosen, to serve three years, or until their successors shall have been appointed; and record the result upon the minutes of councils; and annually thereafter, at the stated meeting in January, the select and common councils, shall each respectively elect two ^ ^ citizens of Pittsburgh to serve as trustees for the term of three ^e chosen years in the place of those whose term of service shall have ex- by the councils pired. Not more than two members of each council shall be annually, trustees at any time; and any vacancies that may occur shall be filled by special elections to be held by the body in whose delegation in the board of trustees, the vacancy may exist. The said trustees, seven of whom shall be a quorum for the g even to be transaction of business, shall meet within ten days after their a q UOr um and election, and choose out of their own body a president, and a president to the election of president shall take place in each succeeding be chosen, year at the meeting next after the election of trustees. IV. That it shall be the duty of the trustees so appointed, Four trustees 34 This condition has been altered by chap. 201, sect. 1, passed 16th May, 1835, by which it is provided, that the privilege of funding the stock subscribed shall be suspended for 15 years from that date. 35 By the 2d sect, of chap. 201, above referred to, it is provided, that the divi¬ dends on so much of the stock as may be held or owned by persons in Phi¬ ladelphia, shall be made payable at the Bank of Schuylkill, or at such other place within the said city, as the councils may by ordinance direct; and that trans¬ fers of stock may be there made, as well as at the office of the treasurer, in Pitts¬ burgh. 688 GAS LIGHTS. to proceed forthwith to construct suitable works for the man- ufacture of carburetted hydrogen gas from bituminous coal trustee's ° C ^ or t ^ ie P ur P ose of public and private illumination, and to lay pipes for its distribution through the city. The said works shall be on a scale competent to manufacture 50,000 cubic feet of gas daily, and the arrangement of the pipes for distri¬ bution and delivery shall be approved by the watering com- Accountsto mittee. The said trustees shall keep accurate accounts of be kept. their receipts and disbursements, and report the same, toge¬ ther with a statement of their proceedings to councils annu¬ ally in the month of January, and give such other information as may from time to time be required by the select or com- Dividends to mon counc il- They shall, semi-annually, on the first days of be declared se- February and August, declare a dividend of the profits 36 ari- mi-annually. sing from the manufacture and sale of gas, after deducting the rent of the lot, 37 the expense of manufacturing the gas, the cost of repairs to the works, and the incidental charges of the establishment, and issue a requisition on the mayor for the payment of said dividends to the holders of the certifi¬ cates. V. That the trustees aforesaid be, and they are hereby vest- Powers and ed with powers necessary for the construction of the works duties of trus- herein provided for; and for the purpose of carrying into ef- tees * feet the intents of this ordinance, are hereby empowered to purchase materials, make contracts, and employ such agent or agents as they may deem necessary: Provided , That no contract shall be entered into, or expenses incurred, to exceed the amount of the subscriptions for the construction of the works: And provided further , That no trustee, superinten¬ dent, or agent of the Pittsburgh gas works, shall be either di- Disqualifica- rec tly 0 r indirectly concerned or interested in any contract or * 10ns * engagement for doing work or labor, or furnishing or provi¬ ding materials, under the provisions of this ordinance; nor shall any act of said trustees impose any liability whatever on the mayor, aldermen, and citizens of Pittsburgh, beyond the Rules and re- amount of the said subscriptions. The said trustees shall, gulations. from time to time, prepare and submit to councils, for their approbation, rules and regulations under which the gas may 3 6 By the 5th sect, of chap. 219, before referred to, it is provided “that the in¬ terest guaranteed by the city shall be paid half yearly on the amount of subscrip¬ tion paid in , from the date of payment” 3 7 By the 7th sect, of this ordinance, the trustees of the gas works are authorized to purchase an eligible piece of ground to be appropriated for the use of the gas works, for which such rent , as the trustees may deem reasonable, shall be charged to the works. A purchase was accordingly made from John Maitland, which was confirmed by ordinance, chap. 207, post, passed 27th July, 3835, and a loan of $11,000 authorized on behalf of the city for the payment of the same; but that or¬ dinance, (chap. 207,) was wholly repealed by chap. 216, post, passed 29th Februa¬ ry, 1836, except , perhaps, so much of it as impliedly confirms the purchase from John Maitland. LIBERTY STREET MARKET HOUSE. 689 be furnished to private consumers, and to the public lamps: Provided , That as many public lamps, not exceeding 200 in the whole, as may be required by the committee on lighting, shall be supplied at one half the price paid by private con- Public lamps. sumers; the fixtures and metres therefor to be approved of by the last named committee, being provided by the trustees, without expense to the city corporation. VI. That all moneys arising from the manufacture and p . , sale of gas, shall be paid into the city treasury, and be placed expenditures to the credit of the Pittsburgh gas works; and that the mayor of gas works of the city be, and he is hereby authorized to draw warrants, establishment which shall be charged to said works, for such sums, and at P rovi ded for. such times as may be required by the trustees aforesaid, for the fulfilment of this ordinance: Provided , That all requisi¬ tions for money shall have been duly authorized by the board of trustees, and be certified by the president. VII. That the trustees aforesaid be authorized and empow- p , ered for, and in behalf of the city, to purchase an eligible g rou u ^ to 6 be piece of ground to be appropriated for the location and use made by the of the gas works aforesaid, for which, such rent as said trustees trustees, may deem reasonable, shall be charged to the works. 38 Passed 27th April, 1835; and recorded 30th April, 1835, in Book A. pages 206, 7 and 8. CHAPTER CXCIX. An Ordinance for the purpose of tearing down the Liberty street Market house. I. That it shall be the duty of the street commissioner, Market house forthwith, to cause to be torn down and carried away, the to be torn market house now being between St. Clair streets and Cecil’s < * own * alley, on Liberty street. II. That the street commissioner be and he is hereby au¬ thorized and directed, to sell the materials of the Liberty street market house, for the best price that can be obtained Materials to for the same; and after defraying the expenses of tearing be sold, down and removing said market house, immediately after said sale, to pay the proceeds of sale into the city treasury. III. That the city treasurer shall, after receiving said pro- p rocee( j s lo ceeds of sale, of the Liberty street market house, distribute be paid to the the amount thereof among the stockholders, (or those who stockholders, subscribed to the erection of the said market house,) in a pro 3 8 The provisions of this section have been complied with—see chap 207, post, passed 27th July, 1835. See, also, statement, post, in the appendix, entitled “Pub¬ lic Loans and City Debt." But chap. 207 is wholly repealed by chap. 216, post , passed 29th February, 1836—except, perhaps, that part of it confirming the purchase of the lot of ground from John Maitland, for $11,000. 108 690 GAS LIGHTS. rata proportion, to the amount subscribed for the building of said market house. IV. That all ordinances in relation to the building said market house, and the days of holding market therein, be and the same are hereby repealed. 39 Passed 1st May, 1835; and recorded 21st May, 1835, in Book A* pages 208-9. CHAPTER CC. A further supplement to an Ordinance entitled “An ordinance regu¬ lating the markets, &c.” I. That from and after the first day of July next, it shall exposing cat- not & r an y person or persons whatever, to expose tie,horses, &c. for sale an y carriage or carriages, horses, cattle, or animals of for sale in the any description, in or upon any of the public squares, streets, publie streets, lanes or alleys in the city, under a penalty of ten dollars, to- be recovered on conviction before the mayor, or any aider- man of the city. II. That so much of an ordinance entitled “A supplement Re 1 o £ to an ordinance entitled an ‘ordinance regulating the markets,’ former ordi- &c. passed the 29th May, 1824,” as designates Liberty street nance. the market for the exposure and sale of carriages, animals, &c. or any other ordinance or ordinances conflicting with the intent and meaning of this supplement, be and the same is hereby repealed. 40 Passed 16th May, 1835; and recorded 21st May, 1835, in Book A. page 209. CHAPTER CCI. An Ordinance, supplementary to an ordinance, entitled “An ordi¬ nance for the construction and management of the Pittsburgh Gas Works.” I. That the right of the “ mayor, aldermen, and citizens of Funding of Pittsburgh,” to fund the stock created in pursuance of the Gas stock sus- ordinance, to which this is a supplement, and convert the same pended for 15 * nto a ] oan? bearing an interest of five per cent, per annum, under the provisions of the second section of said ordinance, 3 9 The erection of the Liberty street market house was authorized by ordinance chap. 165, ante, p. 589-90, passed 17th of December, 1832. The subscribers were as follows:—Nathan Pusey, $100; James Brown, $100; Abisha Way, $100; Thos. Scott, $100; David Evans, $100; Thomas Williams, $100; Adam Hays, $100; Samuel Thompson, $100; Allen & Grant, $100; David Greer, $200; Wm. Hays, $100; Anthony Dravo, $50; Samuel Robinson, $100; John Wright, $100; and Thos. Cassilly, $100—among whom the proceeds of the sale were distributed, pro rata, according to the direction of the 3d Sect, of this ordinance. 40 This ordinance repeals, in part, the 2d sect, of chap. 84, ante, p. 172. FIRE COMPANIES. 691 shall be and the same is hereby suspended for the term of fif¬ teen years from and after the passage of this ordinance. II. That the dividends, payable on so much of the stock, created by the ordinance to which this is a supplement, as may at any time be held in the city of Philadelphia, shall, at Dividends the option of the holders thereof, be paid to them, or their payable at legal representatives, at the Schuylkill Bank, or at such Philadelphia, other place within said city, as the councils of the city of Pittsburgh may by ordinance designate; and all transfers of the stock so held, shall be made by endorsement upon the certificates thereof, in the presence of the cashier of said Transfers of bank, or such other person within the city of Philadelphia, as stock—how to may by ordinance be appointed for that purpose, or in the be made, presence of the treasurer of the city of Pittsburgh. III. That so much of the first section of the ordinance to which this is a supplement, as requires the payment of ten dollars on each share at the time of subscribing, shall be and is hereby repealed; and instead thereof, the subscribers shall pay to the city treasurer, at the time of subscribing, five dol- First instal- lars on each share, and the remaining forty-five dollars on red uced each share shall be paid as prescribed in the first section of pr ‘ s are * the aforesaid ordinance: And it is further provided, That so much of the aforesaid ordinance, to which this is a supple- Repeal of ment, as may be hereby altered and supplied, and of any P art °f the first other ordinance or ordinances as may be inconsistent here- j^ e chap * with, be, and the same is hereby repealed. 035 ' an e> IV. That the treasurer of the city be and he is hereby au¬ thorized to keep the Books open, for receiving subscriptions T . to the stock of the Pittsburgh Gas Works, until the first Mon- in 1 g me s < J, bs( f r a P‘ day in July, provided the stock should not be all taken before tion books o- that time, and report the number of shares subscribed at each pen extended, meeting of the councils, up to that period . 41 Passed 16th May, 1835; and recorded 3d June, 1835, in Book A. pages 211-12. CHAPTER CCII. An Ordinance, granting aid to Fire Engine and Hose Companies in the city. I. That for the purpose of extinguishing the debts now due by the several engine and hose companies, and to meet $3235 53 ap- their current expenses for the present year, the sum of three propriated to thousand two hundred and thirty-five dollars and fifty-three b ^hose^ cents be appropriated, for which the mayor is hereby required engine compa- to draw his warrants upon the city treasurer in favor of thenies. 41 This sect, is entirely repealed by the 5th sect, of chap. 203, post, passed 1st June, 1835. See statement, post, in the appendix, entitled “Public Loans and City Debt*' 692 FIRE COMPANIES. Allegheny. Pittsburgh. Eagle. Neptune Vigilant. Union. treasurers of the engine and hose companies in the city res¬ pectively, in the following sums, to wit: The “ Allegheny” engine and hose company, three hun¬ dred and ninety-five dollars and fifty-four cents. $395 54 The “ First Pittsburgh” hose company, five hun¬ dred and seventy-five dollars and fifty-seven cents. $575 57 The “Eagle”engine and hose company, the sum of three hundred and twenty-five dollars. $325 00 The “ Neptune” engine and hose company, the sum of twelve hundred and seventy dollars, which sum shall be applied exclusively to the payment of Kerns & Wilson’s contract for building an engine house, as authorized by a resolution of councils, adopted April 28th, 1834. $1270 00 And the further sum of four hundred and sixty- six dollars and thirteen cents, for the extinguish¬ ment of other debts and contingent expenses as aforesaid. $466 13 The “ Vigilant” engine and hose company, one hundred and fifty-three dollars and 29 cents. $153 29 The “ Union” hose company, fifty dollars. $50 00 $3,235 53 which sums shall be paid in the manner aforesaid, out of any money in the treasury not otherwise appropriated, and shall be charged to appropriation account No. 5. 42 And it is here¬ by further provided, that for the purpose of extinguishing the Further ap- balance of debts due by the “Vigilant” engine and hose com- propriation of pany, to the Firemen’s Insurance company, to Merrick and $1070. Agnew, and to Pennock and Sellers, the further sum of one thousand and seventy dollars shall be provided for by the ‘Committee of Finance,’ for the next year, and made payable on the first day of July, 1836, with interest thereon from and after the first day of July next. II. That yearly hereafter, in the month of January, when the joint standing committees are appointed, the councils shall appoint a joint committee, to consist of one member of the Committees select council, and two members of the common council, who be C °annuall° not mem ^ ers an Y ^ re company, to be styled “the appointed^ ^ committee on fire companies,” whose duty it shall be to in¬ spect the fire engines, hose and other fire apparatus of the respective fire companies in the city, as often as they may think proper, and apportion the money hereinafter appropria¬ ted, or so much thereof as they may deem necessary, among There is no appropriation No. 5, in the annual appropriation bill of 1835— which see, ante , p. 684, chap. 196. The amount thereby appropriated should be $118,610 39, in place of $121,232 39. Difference $2,620. FIRE COMPANIES. 693 the said companies, and to act in relation to the apportion¬ ment according to their discretion. III. That from and after the present year, there shall be provided in the annual appropriation bill, for each succeeding Annual ap- year, the sum of eleven hundred dollars, which sum shall be ^xiO^^able placed under the control of the standing committee on “Fire j st October Companies j” and the same, or such part thereof as they shall deem necessary, be paid on the first day of October annually, to the fire engine and hose companies in the city, for the purpose of keeping their respective fire engines, hose and ap¬ paratus in effective and useful condition, in such proportions as shall be respectively assigned to them by the said com¬ mittee : Provided , that this ordinance shall not extend to the relief of any fire companies instituted from and after the pas¬ sage of this ordinance. IV. That when said committee on fire companies shall have apportioned the whole or a part of the aforesaid sum of eleven hundred dollars, to and among the fire engine and hose com- to apportion panies, in the city, who shall agree to and comply with the the annual ap- provisions of this ordinance, and allotted to each company, priation a- so complying, such sum as in their opinion they may be enti- m °ng the sev- tled to receive, the said committee on fire companies shall ® j* g com P a_ certify .the sum so allowed to the mayor, stating therein the name of the company, and he shall thereupon draw his war¬ rant for the amount thereof on the city treasurer in favor of the treasurer of such company. V. That it shall be the duty of the said committee on fire com¬ panies to keep regular and fair minutes of their proceedings, entered in a book for that purpose, and also to file and preserve n -^ iri to^keT all papers and communications made by or to them, which shall re g U lar min- at all times be open to the inspection of any member of either utes, &c. councils; and once in each month, at a stated meeting of coun¬ cils, lay the book of minutes of their proceedings on the table of the clerk of one of the councils, for the information of the members. VI. That an ordinance entitled, “A further supplement to an ordinance making certain regulations in cases of fire, and to c i au ^ epea],n§ prevent fires from breaking out,” passed the 5th day of April, 1823, be and the same is hereby repealed. 43 Passed 25th May, 1835; and recorded 30th May, 1835, in Book A. pages 209-10, & 11. 43 This Ordinance entirely repeals chap. 76, ante, p. 162. 694 GAS LIGHTS. Preamble. Certain shares of stock to be relinquished, and payments refunded. 585 shares to be retained, & disposed of as directed. CHAPTER CCIII. A further supplement to an Ordinance entitled “An ordinance for the construction and management of the Pittsburgh Gas Works,” passed 27th April, 1835, and of a supplement thereto, passed 16th May, 1835. Whereas, in pursuance of an ordinance, passed the 27th April, 1835, entitled an “ ordinance for the construction and management of the Pittsburgh gas works,” the city treasurer opened a book on Monday, the 11th of May last, for the pur¬ pose of receiving subscriptions for the stock thereby created, which book he continued to keep open daily, from 9 o’clock, A. M. to 3 o’clock, P. M., until Saturday, the 16th May last, inclusive; and on the said 16th May, the city councils passed a supplement, emendatory of the aforesaid ordinance, under the provisions of which, and the aforesaid ordinance, after 3 o’clock, P. M. of that day, the treasurer received subscrip¬ tions for said stock, to the number of five hundred and eigh¬ ty-five shares: And whereas , doubts have arisen, whether this act of the treasurer, in receiving subscriptions to said stock, after the expiration of his office hours, was conformable or re¬ pugnant to a strict construction of his duties, as prescribed by said ordinance: And whereas, the persons who subscribed the five hundred and eighty-five shares, as aforesaid, have pro¬ posed to the city councils, a voluntary relinquishment of all rights and obligations acquired or conferred by the aforesaid subscriptions:— I. Be it ordained and enacted , Sfc. That the city treasu¬ rer shall, upon demand made, and a presentment of his re¬ ceipts, refund to each stockholder, the sum of five dollars a share, upon so much of the stock created by an ordinance,, entitled “an ordinance for the construction and management of the Pittsburgh gas works,” passed 27th April, 1835, as may have been subscribed after 3 o’clock, P. M. on the 16th May last, and that amount paid thereon, being, as re¬ ported by said treasurer, five hundred and eighty-five shares, so subscribed; and he shall, thereupon, cancel his receipts is¬ sued for said payments. II. That the stock recited in the preceding section, to the number of Jive hundred and eighty-jive shares , as aforesaid, shall be taken and retained, by the city treasurer, as so much of the stock under said ordinance, and the supplement there¬ to, passed 16th May last, as not yet subscribed for, and shall be disposed of as is hereinafter provided for. GAS LIGHTS. 695 III. That, for the sale and distribution of the said five hun- Stock to be dred and eighty-five shares of stock, the city treasurer shall sold at auc- appoint one of the commissioned auctioneers of the city, to tlon * Sell the same at public outcry or auction, and shall give pub¬ lic notice, in the daily newspapers of the city, that he will begin the sale thereof, on the 8th day of June, inst. at 10 o’clock, A. M. at his office, on Fourth street; and the said Notice.of ^sale treasurer, together with a joint committee of two from the se- ° e glven ' lect, and two from the common council, shall assemble at the place of sale, at the time appointed, with the auctioneer, and shall superintend the sale. They shall cause the said auc¬ tioneer to set up to sale, by public outcry, one share of said stock, which shall be disposed of to the highest and best bidder, who shall have the privilege of taking the said one share or Manner of more, not exceeding twenty shares, at the price bid for the 86 ing 9 oc * same; and the purchaser shall thereupon pay to the treasurer, the premium or advance above the par value of the share or shares, (if such premium shall be obtained,) and five dollars, in addition, on account and in part of each share, and shall then be entitled to subscribe for such purchased stock: Pro- ^ ot be goJd vided , That the auctioneer shall not accept of any bid, at less atlessthanpar. than the par value of said stock. IV. That the said treasurer and committee, or a majority of them, shall proceed to sell the said stock, in the same man¬ ner, from day to day, continuously, Sundays excepted, until the whole five hundred and eighty-five shares shall be dis¬ posed of. A full and correct statement of the sale, un- Returns of sale der oath or affirmation, shall be rendered, by said auctioneer, to be made on to the select and common councils, at their next meeting af- oat ^* ter closing said sale, and the said auctioneer shall declare, to the best of his knowledge and belief, that the said sale has been fairly and honestly conducted, without any collusion between the said auctioneer and any person or persons, other¬ wise than by the means authorized by this ordinance. And p rocoe( j s Q f the proceeds of said sale, over and above the par value of the sale to be paid stock, first deducting the reasonable expenses of such sale, into the city shall be retained in the treasury, and accounted for by the treasury, treasurer as other revenues of the city. V. That the fourth section of an ordinance, entitled “an p e peal of for- ordinance for the construction and management of the Pitts- m er ordinan- burgh gas works,” passed the 16th May, 1835, be hereby re- ces. pealed. Passed 1st June, 1835; and recorded 3d June, 1835, in Book A. pages 212—13. 696 CANAL BRIDGE. CHAPTER CCIV. An Ordinance, supplementary to an ordinance, entitled “ An ordi¬ nance for raising money by loan,” &c. passed the 29th day of November, 1834, and a supplement thereto, passed the 18th Feb¬ ruary, 1835. I. That the mayor and city treasurer be hereby authorized and instructed to issue certificates to the lenders, under the Certificates G f P rov * s ^ ons °f the ordinances to which this is a supplement, in $1000 each to sums of one thousand dollars each, which certificates shall be be issued by tranferable in the city of Philadelphia, at the Bank of Pennsyl- the mayor. vania, in the presence of the president or the cashier thereof; and the semi-annual interest on said certificates, shall be made payable at said bank, to the legal holders thereof, or their re¬ presentatives. Repeal of part That so much of the ordinances to which this is a sup- of chap. 191, plement, as authorizes the interest to be made payable at the ante , p. 675. Schuylkill Bank, and requires transfers of the certificates of the loan to be made in the presence of the cashier of said bank, be and the same is hereby repealed. 44 Passed 19th June, 1835; and recorded 29th June, 1835, in Book A. page 214. CHAPTER CCV. An Ordinance granting permission to erect a bridge over the canal at or near Washington street. I. That Harmar Denny be, and he is hereby authorized to erect a bridge over the canal, at or near Washington street, of such form and dimensions as may be prescribed or approved by thecanal to be cana ^ commissioners, or by the chief engineer of the west- built by H. ern division of the Pennsylvania canal: Provided , however , Denny, at his That the city shall not, by this ordinance, incur any liabilities own expense, for the construction, preservation or repair of said bridge: And provided , also , That the western abutment of said bridge shall be constructed in such form and of such grade as shall be di¬ rected by the recording regulator. Passed 29th June, 1835; and recorded 8th July, 1835, in Book A. pages 214—15. 4 4 See chap. 191, ante , p. 675, passed 29th November, 1834, and the notes and references appended thereto; and chap. 194, ante , p. 679, passed 18th February, 1835; and also statement, post, in the appendix, entitled “Public Loans and City Debt .” ACT OF ASSEMBLY 697 ACT OF ASSEMBLY. A farther supplement to the ant, entitled ‘‘An art to incorporate the city of Pittsburgh, and for other purposes.” I. Be it enacted, fyc. That the select and common conn- g p ] prt ^ cr>m cils of the city of Pittsburgh may, whenever they deem it n> councils may cessary, confer upon the mayor and aldermen of su'd city, the confer power jurisdiction, power and authority to recover surnm irily or by u l H i n V ie ma y* pm d action, as the c;se rn ty be, any fines and forfeitures in- f() recover dieted for ths violation of the provisions of any ordinances fi aes> which hive been or m \y here ;f er be enacted and ordained by said councils for the government, of said city: Provided, Proviso. Slid fines and forf itures do not exceed one hundred dollars: And provided further, That in all summary convictions tin- 2d proviso, der ordinances where fines, forfeitures or imprisonment are inflicted, the person or peisons convicted may appeal to the next term of the mayor’s court of said city within ten days after conviction, on entering smnrity approved by the mayor or alderrmn before whom ihe conviction has been entered. VII. The aldermen and justices of the peace of every city, Aldermen &c incorporated township and borough in th s commonwealth, of every city, shall have power to hear and determine all actions of debt Arc. shall have for pen dy, for the breach of any ordinance, by-law or regu-P () ^ r ^ h !" ar lation of such city, township or borough, in the same manner, a j[ actions'of and subject lo the sime right of appeal as d bts under one debt, &c. hundred dollars, and such actions sh >11 he instituted in the corporate nuns of such city, township or borough. Vtil. All children who may be deemed by the officers of ^ ^ an as the Orphan Asylum Society of Pittsburgh and Allegheny, fit lun/sodety^f objects of their care and bounty, may he bound to the society Pittsburgh and by any overseer of the poor, father, or mother, if the father Allegheny, be dead, absent or incompetent, or other individual having authority, to bind the same in like manner, and for the like number of years, as is prescribed in the general law, in rela¬ tion to apprentices, and the society shall in such indenture come under the obligations usual in such cases; and the said society in all cases where children under their care become, in the opinion of its officers, of proper age and qualifications to be apprentices, to learn some occupation not taught with¬ in its walls, shall have power under its official seal, and by and with consent of the child, to bind them to suitable persons to learn such trade, calling or business as may be prescribed in the indenture of apprenticeship. IX. The third, fourth, fifth and sixth sections of the act Certain sects, entitled “an act relative to certain streets, alleys and public act °f 1833 landings in the county of Philadelphia, and in the city °^op t e e n r i n ^ d |? t ^ Pittsburgh, and for other purposes,” passed the sixth day of change alley April, Anno Domini, one thousand eight hundred and thirty- in Pittsburgh. 109 698 ACT OF ASSEMBLY. # For act of three, be and the same is hereby extended and put in full force 6tb April, 1833, and authority to the opening of Exchange alley, in the city rnR a ^ t6 ’ page °** P ,Us burgh, from Hand street to Irwin’s alley, twenty feet wide, excepting and preserving to A. L. Kerr and N. \V. Prest^ ley, so much of the said alley as their brick buildings now stand on, so long as the said buildings do stand.* X. The court of quarter sessions of the county of Alle¬ gheny, on being petitioned shall, and they are hereby autho¬ rized to grant a view for the purpose of ascertaining the pro¬ priety of opening and extending Sixth from Grant street to Co 1 lane, Wylie street to Grant street, or some other street Court of Q, S w ithin said city, to be designated by the viewers to he ap- of Allegheny pointed by the s tid court ; and High street, from Coal lane authorized to to the Farmers and Mechanics’ turnpike road, at some point grant a . v,e ^ near the p ort glass works, and in open court to order exteaniTn^Gth inc * a PP°i nt nine discreet and disinterested freeholders, who street, &c. after being sworn or affirmed, shall, together with the com¬ missioners of the county of Allegheny, for the time being, or a majority of them, view the ground proposed to be opened for said streets, and if they or any ten of them view the said ground, and any seven of them, including one or more of the county commissioners, agree that there is occasion for said streets to be opened, they shall proceed to lay out the same as agreeably to the prayer of the petitioners as may be, in such manner as to do the least injury to private property, and shall m ike report thereof to the next court of quarter sessions; and if t he said court shall approve of the same, it shall be en¬ tered on record, and thenceforth shall be deemed, taken and allowed to be public streets and highways: Provided , That no order for the opening of the same, shall be granted by the said court, unt il compensation shall first be made or tendered to the owners of the ground or property injured by the open¬ ing and extending of slid streets. Viewers to in- XI. The said viewers or any seven of them, shall inquire quire into da-what damages any individual or individuals shall or may sus- mages sustain- tain by opening and extending said streets and highways, and sh 11 make a fair estimate of the same, and shall also inquire to whom the opening of the said streets and highways shall be a benefit, and shall apportion and assess the amount of da¬ mages so found upon and among the said individuals so be¬ nefited, fairly and equitably in proportion to the benefit re¬ ceived therefrom, and the value of their property adjacent to the said streets and highways; and the said viewers shall file the said apportionment and assessment in the said court, and on being approved by the said court shall be entered and re¬ corded at large upon the docket thereof, and shall bind and conclude all parties owning or claiming to own the property adjudged by the said viewers to be so benefited by the open¬ ing of the said streets and highways; and the sums so assetfs- Proviso. cd. ACT OF ASSEMBLY. 699 ed and apportioned shall be and remain a lien upon the pro* perty adj cent to ihe sa d streets and highways of the owners so adjudged to be benefited as aforesaid, until the s 'me, to¬ gether with the costs, shall have been paid or tendered to the individual or individuals entitled to receive the same. XII. If any individual or individuals assessed as aforesaid, Individuals as- shall neglect or refuse, after sixty days notice of the approval sessed neglect by the said court and a demand made, to pay the sum assess- a P' ed and apportioned to be paid by him, the said court shall and [. ourl co , irt may at any time after the expiration of the said sixty days is- shall issue scire sue a scire facias in the name of the commonwealth, for the facias. use of such individual or individuals, who shall after the no¬ tice aforesaid, neglect or refuse to pay the sum assessed and apportioned upon him, commanding him or them to appear be¬ fore the said court on a day therein to be named, to show the cause why the same should not be levied of his goods and chattels, lands and tenements, with the costs thereof; and the said court, unless sufficient cause "be shown, shall and they are hereby authorized to issue an execution and levy the same in the same manner that judgments in civil actions are levied. XIII. As soon as the costs and damages so assessed and Street* and apportioned shall be paid and tendered to the individual enti- highwaystobe tied to receive the same, the said court shall order the said °P ened * streets and highways to be opened, and they shill thenceforth be subject to the same rules and regulations as other streets and highways in the said city and county are. XIV. The costs shall be regulated as the costs of similar Costs how proceedings under the laws for making and repairing roads regulated. in this commonwealth. Passed 15th April, 1835. See Pamph. laws of Pa. sess. of 1834-35. Note. —The passage of the 1st and 7th sects, of this act of assembly were deemed necessary in consequence of the decision of the supreme court, at Lancaster dis¬ trict, November term, 1831, in the case of Barter against The Commonwealth, in which it was decided:— 1. That the government of every incorporated town, has a right to improve the streets, for public purposes, whether as highways, or places for cisterns or well*. The practice for the inhabitants to sink wells in the streets, is by sufferance, and is subject to the corporate franchise. The title of the corporation to the soil, for uses that conduce to the public enjoyment and convenience, is paramount and exclu¬ sive; and no private occupancy, for whatever time, and whether adverse or by permission, can vest a title inconsistent with it. 2. That a by-law or ordinance, of a city corporation, which enacts a penalty for a misdemeanor, with imprisonment, in default of payment, ou conviction by the mayor or an alderman, is void. The charter of the city of Lancaster , [which is in all respects similar to the charter of the city of Pittsburgh,'] does not confer upon the councils the right to vest m the mayor and aldermen jurisdiction to convict summarily, or to entertain an action of debt for a penalty. If the charter did give the right to confer a power to imprison, on summary conviction, and without ap¬ peal to a jury, it would be so far unconstitutional and void. 3. 'That jurisdiction is expressly given to the mayor's court, [of Laneaster and Pit sburgh.] for the recovery of fines, forfeitures, penalties, debts, and other de¬ mands, cognizable in the city court,” the exercise of which stands clear of all ob¬ jections on constitutional grounds. 3 Penrose Watts 1 Reports , 253—62. 700 GAS LIGHTS. CHAPTER CCVI. An Ordinance providing for the recovery of fines, forfeitures, and penalties. I. That from and after the passage of this ordinance, the Ma or and mn y or anc ^ aldermen of the said cit v, shall have full jurisdic- alder men au- t ‘° n ’ P ower and authority, to recover, either summarily by thorized to re- conviction, or by p n il action, as the case may be, all and cover fines, any fine or fines, forfeiture or forfeitures, directed to be in- forfeitures and fjjcted or imposed, for the violation of any of the provisions pena les. Q f any of. the ordin inces of the s lid cily, which have been heretofore enacted and ordained by the councils for the go¬ vernment of the said city, according to the true intent and meaning of the act of assembly of this commonwealth, enti¬ tled, u a further supplement to the act entitled ‘an act to in¬ corporate the city of Pittsburgh, and lor other purposes,’” passed on the 15th day of April, one thousand eight hundred and thirty five. 45 Passed 29th June, 1835; and recorded 23d July, 1835, in Book A. page 215. CHAPTER CCVII. An Ordinance to confirm the purchase of a lot of ground for the Pittsburgh gas works, and for raising the fund to make payment therefor. Loan to be I. That, for the purpose of carrying into effect a contract obtained of made by the trustees of the Pittsburgh gas works, for the pur- fn k 000t T y chase of a lot of ground from John Maitland, for the use of ground? ° sa ^ wo, 'ks, the mayor is hereby authorized to obtain upon loan, in the name and on behalf of the mayor, aldermen and citizens of Pittsburgh, the sum of eleven thousand dollars, at ^ a rate of interest not exceeding five per cent, per annum, er'oent^to be P a y a ^ e half yearly, on the first days of January and July, at paid°ha!f year? the office of the city treasurer, or, as the lender may elect, at }y. the Bank of Pennsylvania, in the city of Philadelphia: and fur said loan, certificates of one thousand dollars each, shall be issued in the usual form, and made transferable by endorse- Certificates to ment thereon, at ihe office and in the presence of the treasu¬ re issued and rer of Ihe city, or at the afores aid Bank of Pennsylvania, in loan redeema-the presence of the president or the cashier thereof: and said ble in 1855. certificates shall not be redeemed or paid, without the con- 45 Til’s ordinance was passed in pursuance of the directions of the 1st and 7th sects, of the act of assembly •>( the I5th of April. 1835, entitled “a further supplement to the act entitled ‘ an act to incorporate the city of Pittsburgh, and for other purpo¬ ses.’” See Pamph. Laws of Penn. sess. 1834—5, p. 291—95: and ante, p. 697—99. LANDINGS, &e. 701 sent of the holders thereof, before the first day of July, one thousand eight hundred and fifty-five. II. That the money so borrowed, shall he paid to the city Tobeexclu- treasurer, and shall be applied by him, under a written requi- s j ve |y applied sition s : gned by the mayor and by the city solicitor, exclusive- to pay for a lot ly to the payment of the purchase money for said lot of ground, of ground. III. That the faith, credit, funds and corporate property of the city be, and they are hereby solemnly pledged for the p e ^ty°nidged amount hereby authorized to be borrowed, and for the pay-f or payment, roentof the interest of the same, 46 Passed 27th July, 1835; and recorded 29th July, 1835, in Book A. pages 215—16. CHAPTER CCVIII. An Ordinance repealing an ordinance entitled, “An ordinance res¬ pecting landings and depositing building materials, near the Mo- nongahela bridge.” I. That the ordinance entitled, “ An ordinance respecting ^ landings and places for depositing building materials near the ^^*156 ante Monongnhela bridge,” passed 23d January, 1S32, be, and the p. 580-til. same is hereby repealed. 47 Passed 27th July, 1835; and recorded 18th August, 1835, in Book A. page 216. CHAPTER CCIX. An Ordinance, for the better regulation of the market in the Dia¬ mond. I. That for the better regulation of the market in the Dia¬ mond, and for the safety and convenience of the citizens who frequent it, chains be extended at a proper height from the 46 The purchase of this lot of ground is authorized by the 7th section of chap. 198, ante , p. 685, passed 27th April, 1835, which see, and the notes and references appended thereto. But by the 4th sect, of chap. 216, post, passed on the 29th Feb¬ ruary, 1836, the whole of this ordinance, (except, perhaps, the implied confirmation of the purchase.) is entirely repealed. See, also, statement, post, in the appendix, entitled “Public Loans and City Debt ” 47 The ordinance hereby repealed, chap. 156, ante , p. 580—81, contained no li¬ mitation as to time, but having been passed for a temporary purpose, namely, the accommodation of the stockholders of the Monongahela bridge, during the re¬ building of the two arches thrown down on the 14th January, 1832, was reported by the recorder of the city on the 27th of M*y, 1833, (the repair of the bridge being entirely completed.) to be obsolete. Difficulties, however, occurring with regard to the continued occupation of the river bank, in an unlawful manner, and the per¬ sistence of boatmen to occupy the landings laid off for ferry boats, Ac. near Wood and Grant streets, it was deemed advisable to pass the ordinance in the text. 702 GENERAL ELECTIONS AND CITY WARDS. Chains to be corner °f the south wing of the market house, to the corner placed across now occupied as the Dispens iry; also from the corner of the certain streets north wing, to the east corner of the Diamond and Market bounded^ by street, and across Diamond and Market alleys, at their en- house mar 61 trance into the Diamond; and that a penally not exceeding five dollars be imposed on any person or persons, riding dri- T 3 f v i n g or leading, any horse or other animal, within the space so tv? enclosed, between the hours of 6 and 10 o’clock, A. M. of breach ot this ’ . . , , .. , , ordinance. any market day: said penalty to be collected by the mayor, or any of the aldermen of the city, either by summary convic¬ tion or action of debt. Passed 27th July, 1835; and recorded 18th August, 1835; in Book A. page 217. CHAPTER CCX. An Ordinance for changing the place of holding the general and city elections for the North Ward. I. That hereafter the election for state and county, as well ia t electionsfn as ^ or °ffi cers > °f the North ward, shall be held at the house North ward on the south west corner of Penn and St. Clair streets, now changed. occupied by James Armstrong. II. That so much of the existing ordinances as is hereby altered, be, and the same is hereby repealed. 48 Passed 31st August, 1835; and recorded 8th September, 1835, in Book A. page 217. ACT OF ASSEMBLY. A supolement to an act incorporating the city of Pittsburgh, passed the 18th day of March, one thousand eight hundred and sixteen. « . . I- Be it enacted , See . That the members of the select and beiect&com. ’ •> . „ councils to di- common councils ot the city ot Pittsburgh shall, on the first vide the city Tuesday of January next, and yearly thereafter, meet together into 4 wards. an( j divide the said city of Pittsburgh into four wards or dis- tricts, so as to m ike the number of taxable inhabitants of be as nearly e- eac “ ward of said city, as nearly equal as may be; and the qual asmay he. select and common council for the time being, are hereby au- Councils to fix thorized and required to fix the places of holding all general *8 This ordinance is obsolete, being supplied by chap. 211 ,post, p.704-5, passed 5th January, 1836, entitled “an ordinance to divide the city into wards or districts, and for other purposes.” That ordinance, (chap. 211,) was passed in pursuance of the directions of an act of assembly, entitled “ a supplement to an act incorporating the city of Pittsburgh, passed the 18th day of March, 1816,” is now the only one in force with respect to the boundaries of wards, and the places of holding the general as well as city elections. ACT OF ASSEMBLY. 703 and city elections for the said wards, and not elsewhere; and the places for to change the san e as often as public convenience may re- holding elec- quire; and it shall not be lawful for any inhabitant of said city Uons< to vote at any of said elections, except within the ward where¬ in he resides. II. That the freemen of each ward of said city, qualified to vote for members of the House of Representatives of this Com¬ monwealth, shall meet together in their respective wards on Citizens to e- the second Tuesday of January, and yearly thereafter, and lect 1 person elect, by ballot, one person in each and every ward, qualified to select and 5 to serve as members of the House of Representatives of this ^"^ach* 111 " Commonweal'll, to be a member of the select council, and war( j. who shall hold his office for the term of three years; and five persons qualified as aforesaid, in each and every ward, to be members of the common council, who shall hold their office for the term of one year. III. That the citizens of said wards shall, on the second Citizens to Tuesday in January next, and on the same day yearly there- elect the may- after, elect, by ballot, one of ihe aldermen of said city, or any or - citizen of the said city qualified to be elected a member of the House of Representatives of this Commonwealth, to be mayor of said city, whose duty it shall be to promulgate the by-laws, rules and ordinances of the corporation, and specially to attend to the due execution and fulfilment of the same, and who shall be entitled to receive, hold and enjoy, all the l^ofuments”^ emoluments which, by the laws and ordinances of the corpor¬ ation, may then or hereafter be annexed or attached to the of¬ fice of mayor; and the mayor elect shall take a solemn oath or affirmation, before the president or an associate judge of To take an the court of Common Pleas of Allegheny county, or the re- 0 ®.** 1 ora tfirm- o j j / sition corder of the said city for the time being, well and faithfully to execute the office of said city, and shall thereupon enter upon and perform the duties of the said office without an y successor is e- other or further commission, and shall continue in office until lected. a successor shall be duly elected and qualified; and in cases of the death, resignation, or removal of the mayor, or olher Vacancies to vacancy in the office, such vacancy shrill be filled by a new be filled by the election, for the remainder of his term in office, by the said councils. councils, within fifteen days thereafter, and at least ten days notice shall be given in the public newspapers of said city, of the time of holding the same: Provided , That no member, Proviso. for the time being, of the select or common council, shall be eligible to the office of mayor. IV. That so much of the second section of a law passed 2d sect, of the the eighteenth day of March, eighteen hundred and sixteen, act of March relating to the classification of the members of the select 1816, alter- council of the city of Pittsburgh, shall be so altered, as that See ante ’ the seats of the first class that will be vacated on the first Tuesday of January next, shall be filled by theelection of one 704 Repeal. WARDS AND ELECTIONS. from each ward, as is provided in the second section of this act; and the seats of the second class, whose seats will be vacated on 1 ha first Tuesd iy of January, eighteen hundred and thirty-five, shall be filled by the election of four persons, agreeably to the aforesaid s j cond section; and the seats of the third class, whose seats will be vacated on the first Tuesday of January, eighteen hundred and thirty-six, shall be filled by the election of four persons, agreeable to the said second sec¬ tion of the said act. V. That so much of the existing laws of this Common¬ wealth as are hereby altered, be, and the same, and no more, are hereby repealed. Passed 28th Dec. 1833. See Pamph. Laics of Pa. sess. 1833-34. CHAPTER CCXI. An Ordinance to divide the city into wards or districts, and for other purposes. Whereas, by an act of the general assembly of this com¬ monwealth, passed the,26th day of December 1833, the se¬ lect and common coun' ils of the city of Pit'sburgh are re- Preamble. quired to meet on the fi st Tuesday of January, and yearly thereafter, and divide said city into four wards or districts, and fix the places for holding all general and city elections for the said wards, at such houses as public convenience may require, within the bounds of the respective wards, and not elsewhere. City divided I. Be it ordained and enacted , S$c. That from and after the into 4 wards, passage of this ordinance, the city of Pittsburgh shall be di¬ vided into four wards, in the manner following, viz: Boundaries of So mnc ^ the said city as lies northwardly of the middle North ward, of Liberty street, and eastwardly of the middle of Marbury street, shall be one ward, to be called llie North Ward. So much of the said city as is included in the following bound¬ aries, viz: beginning at the middle of Liberty and Marbury streets, and running thence down Marbury street to the Alle¬ gheny river, thence along the Allegheny river to its confluence Boundaries of w jt,h the Monongahela river, thence up the Monongahela river es war . ^ middle of Wood street, thence up the middle of Wood street to the middle of Diamond alley, thence up the middle of Diamond alley to the middle of Market street; thence along down the middle of Market street to the middle of Lib¬ erty street, and thence down the middle of Liberty street to the place of beginning, shall be one ward, to be called the West Ward . And so much of the said city as is included in the following boundaries, viz: beginning at the foot of Wood street on the Monongahela river, thence up the middle CITY PRINTING. 705 of Wood street to the middle of Diamond alley, thence along Boundaries of the middle of Diamond alley to the Farmers’ and Mechanics’ South ward. turnpike road, thence along said road to the city line, and thence by the same to the Monongahela river, thence down said river to the place of beginning, shall be one ward, to be called the South Ward. And so much of the said city as lies south of the middle of Liberty street, east of the middle of Boundaries of Market street, Diamond alley, and the boundaries of the South £ as t warc i. Ward, above named, shall be one ward, and be called th zEast Ward. II. That from and after the passage of this ordinance, the ^ aces for hoi places for holding all general and city elections for the res-j t -| ng e ectl0ns pective wards or districts, as described by the first section of this ordinance, shall be as follows:—For the North Ward, at North ward, the Washington Coffee House, comer of Penn and St.Clair streets. For the West Ward, at the court, house in the Dia- West ward, mond. For the South Ward, at the house now occupied by South ward. William Alexander, at the corner of Smithfield and Third streets. For the East Ward, at the house of John Dully, East ward, corner of Fifth and Wood streets. 49 Passed 5th January, 1836; and recorded 26th January, 1836, in Book A. pages 219-20. CHAPTER CCXII. An Ordinance providing for the publication of the Laws and Ordi¬ nances of the city. I. That all the laws, ordinances, and regulations, pas¬ sed by the select and common councils of the city of Pitts- Ordinances burgh, since the 27th day of May, 1833, and prior to the J°* )e published present; term of the city councils; and also all acts, or parts fonn^c 1 ^ of acts of assembly, relating specially to the city, and which ’ are not contained in the present published compilation of the city laws, shall be published in a pamphlet form, under the di¬ rection of the presidents of the councils, and the recorder of the city; and that a list of the officers of the corporation, and a statement of the outstanding city loans, be appended thereto. II. That two hundred and fifty copies of the said laws, or¬ dinances, regulations, and acts of assembly, shall be printed ^copies to on a page of the same size, and be furnished with marginal je P linted - notes, references and index, in like form and manner with the Index &c to present published compilation of the city laws. be added. 4 9 This ordinance was passed in pursuance of the act of assembly of the 26th of December, 1833, heretofore referred to, (see pamph. laws of Pa. sess. of 1833-34. p 4 and5)andisnowthe only ordinance in force respecting the boundaries of the wards, and the places of holding elections therein—all other ordinances on these subject* are virtually repealed and supplied. HO CITY PRINTERS. 706 Ordinances to III. That annually hereafter, and as soon after the dos& be collected & 0 f each term of the councils as may be practicable, all the pubhshedjm^ t aws? ordinances, and regulations which may have been pass- ^ ed during the preceding term of the city councils, and all acts of assembly relating to the city, passed during the same pe¬ riod, shall be published in like form and manner. Passed 15th January, 1836; and recorded 22d January, 1836^in Book A. pages 218-19. CHAPTER CCXIIL An Ordinance increasing the amount of security of the city treasurer I. That from and after the passage of this ordinance, the city treasurer shall give bond, with two or more sufficient se- Treasurer to curities, to be approved of by the mayor, recorder, and city give bond in solicitor, payable to the mayor, aldermen, and citizens of Pitts- $20,009. burgh, and their successors, in the sum of twenty thousand dollars, with conditions foi 1 the faithful performance of the duties of the office. II. That so much of any ordinance as is hereby altered or supplied, be and the same is hereby repealed. 50 Passed 19th January, 1836; and recorded 22d January, 1836, in Book A, page 218. CHAP PER CCXIV. An Ordinance providing for the appointment of city printers. Mayor to ad- I. That the mayor be, and he is hereby authorized and re- vertisefor pro-q U j re( ] ? within six days after each annual city election, to in- P rin 'vite sealed proposals for printing and publishing weekly, in any of the newspapers of the city, all ordinances, city ac¬ counts, proclamations, advertisements, and other documents and notices which may be ordered for publication, by the city councils, their committees, the mayor, treasurer, or street commissioner: such proposals to set forth the price per 5 o The amount of the bond of the treasurer was fixed (previous to the passage of this ordinance,) by the 13th sect, of chap. 1, passed 20th July, 1816, ante, p. 72-3, at $5000—so that almost twenty years had elapsed without any alteration in the amount of the treasurer’s bond, although the responsibility has been gradually in¬ creased from less than $10,000, the amount in 1816, to almost $85,000 the amount for 1836. His salary, in 1816, was fixed at $250, which has been increased from time to time to $700, the present salary. The taxable inhabitants of the city pro¬ per have increased from 1583, the number in 1816, to 3296, the number in 1836. The amount of the assessment or valuation of property, &c. has increased from $3,263,320, the amount in 1816, to $4,397,480, the amount in 1836. LOANS. 707 square, for one or more than one insertion, and to be received Proposals to until 10 o’clock, A. M. on the last Monday in January; at set forth pri- which time the mayor shall proceed to open said proposals, ces, &c. and there select and appoint the two lowest and best bidders, one of which shall be publisher of a daily newspaper, and re- and "best*'idd* port the same to the councils at their next meeting; the per- ders to e | n _ sons thus appointed shall, for one year thereafter, be the only ployed; one authorized city printers and publishers entitled to compensa- the printer of a tion for city printing, unless otherwise specially authorized by dai1 ^ P a P er the city councils. II. That the ordinance entitled “an ordinance for the ap~ Repeal of pointment of city printers,” passed February 18, 1835, be, chap. 192 and the same is hereby repealed. 51 Passed 19th January, 1836; but not recorded according to law- CHAPTER CCXV. An Ordinance authorizing a committee to purchase the_Neptune En¬ gine lot, and to pay for the same. I. That the committee on fire companies be, and they are L ot to be 9 hereby authorized to purchase from the trustees of the Metho- chased, now dist Episcopal church, for the proper uses of the corporation, occupied by all that certain lot or piece of ground situated on the corner of the Neptune Seventh street and Miltenberger’s alley, on which has been engme co erected by the city, for the use of the Neptune fire engine and hose companies, a brick building as an engine house. II. That the mayor be authorized to draw his warrant on Mayortodraw the treasury for the sum of one thousand dollars, the purchase his warrant for money of said lot, after receiving a written order of said com- SW9P9.* mittee. passed 29th February, 1836; and recorded 4th March, 1836, in Book A* page 221 CHAPTER CCXVL An Ordinance authorizing the mayor to borrow thirty thousand dol¬ lars, in order to raise money to pay off a loan, and for other pur¬ poses. I. That the mayor is hereby authorized to give notice by Jtn advertisement in two newspapers of this city, and also in two of the daily newspapers published in the city of Philadel- 6 r This ordinance, chap. 214, passed 19th January, 1836, was not recorded with¬ in the time prescribed by the act of incorporation, and is therefore null and void; leaving chap. 192, ante, p. 678, passed 18th February, 1835, in full force .—June IM, 1836. 708 LOANS. Mayor autho- phia, until the first day of May next, That he will, in behalf rized to bor- G f the mayor, aldermen and citizens of Pittsburgh, at any Se'alfd^ ro^o ^ me ^ 8 ^ ore ^ ie fit' 8 * day of June next, receive sealed proposals sals to be^recei- f° r a l°' in of the whole or any part (not less than, nor contain- ved until 1st of ing any fraction of one hundred dollars,) of the sum of thirty June next. thousand dollars, at an interest of fi ve per cent, per annum, payable half yearly, on the 1st days of January and July, either to b^aidhalf at °® ce of the city treasurer, or at the bank of Pennsyl- yearly. vania, or such other place within the city of Philadelphia, as the councils may hereafter by ordinance designate, at the op- Irredeemable ^ on die l en ders, redeemable (and not otherwise, without until 1870. the consent of the lenders or their assigns,) on the first day of Certificates of^ u ^’ 1^70; for which certificates under the seal of the corpor¬ al 00 each, to ation shall be issued in sums of one hundred dollars each, or, be issued. at the option of the lenders, in sums of a greater amount; which proposals, shall express the sum which the offerers re¬ spectively are willing to contract to pay for every hundred dollars of certificates. be^openeVon That 011 ^ ie ^ rst day J ,me n8xt ? the mayor shall pro* the 1st of June, ceed to open, in the presence of the treasurer and a majority of the committee of finance, all the sealed proposals receiv- Mayor to give e d by him for said loan; whereupon they shall determine the notice to per- proposals to be accepted, and the mayor shall forthwith give sons whose' notice of the proposals so accepted to the person or persons by proposals are w jj om they s hal[ have been made, who, upon complying with ccep ‘ the terms by ihem respectively offered, and paying the amount, Amt. subscri- with the advance, if any, into the city treasury, on or before bed to be paid t ^ e fl rs t of July next, shall receive a certificate or certifi- 1st J°ulv 1836* cales t0 the amount of their respective loans, to be signed by the mayor and countersigned by the treasurer of the city. Certificates of which certificates shall be transferable by endorsemen tthere- stock transfer- on, made in the presence of the treasurer of the city, or in the a hl e * presence of the cashier of the bank of Pennsylvania, or such other parson, within the city of Philadelphia, as the councils may hereafter designate. Property, &c. IJI. That the faith, credit, funds, revenue and corporate °f TTc^for ° n P ro P ert y the city, he and they are hereby solemnly pledged payment. for the payment of the sums hereby authorized to be borrow¬ ed as aforesaid, and for the interest of the same. Ord. chap. 207 . IV. That so much of an ordinance passed on the 27th day repealed in 0 f July, 1835, as authorized the mayor to negotiate a loan, for eleven thousand dollars, to pay for the purchase of a lot from John Maitland, be and the same is hereby repealed. 52 Passed 29th February, 1836; and recorded 4th March, 1836, in Book A. page 221—22. part. 5 2 This Ordinance wholly repeals, (except, perhaps, the implied confirmation of the purchase, by the trustees of the Pittsburgh Gas Works,” of the lot of ground from John Maitland, for the sum of $11,000,) the ordinance, chap. 207, ante, p. 700, entitled “An ordinance to confirm the purchase of a lot of ground for the Pittsburgh ASSESSMENTS, &c. 709 CHAPTER CCXVII. A further supplement to an ordinance, entitled “An ordinance es¬ tablishing the salaries and compensations of the mayor and sundry other officers of the city of Pittsburgh.” I. That from and after the passage of this ordinance, the yearly salary of the mayor shall be eight hundred dollars— that the yearly salary of the treasurer shall be seven hundred Salaries of dollars—that the yearly salary of the city assessor shall be one mayor, &e, hundred dollars—that the yearly salary of the high constable fixed, shall be three hundred and fifty dollars—that the yearly salary of the four city constables shall be two hundred dollars each —that the yearly salary of the clerks of councils shall be two hundred dollars each, to be paid to them quarterly, on war¬ rants drawn by the mayor in favor of the respective officers. II. That so much of any ordinance, or ordinances, as are Repealing hereby altered or supplied, be, and the same are hereby re- clause. pealed. 5 3 Passed 29th February, 1836; and recorded 4th March, 1836, in Book A. page 222. CHAPTER CCXVIII. An Ordinance concerning the assessment and appropriation of the city taxes for the year 1836. I. That the amount of moneys to be collected upon the Amt. of taxes, persons, professions, trades, and property, of the city of Pitts- &c. for 1836. burgh, made taxable, together with the moneys now in the treasury, as well as all moneys asising from rents, fines, forfeit¬ ures, licenses, &o. &c. shall be, and the same are hereby ap- Appropria- propriated in the following manner, viz: tions No, 1, Salaries of city officers, to wit Mayor, $800 00 Treasurer, 700 00 Wharf Master, 400 00 Street Commissioner, 365 00 Clerk of Markets, 150 00 High Constable, 350 00 City Constables, $200 each, 800 00 Clerks of Councils, $200 each, 400 00 Bell-ringer, Messengers of Councils, each, 80 00 50 00 Salaries. gas works, and for raising the fund to make payment therefor,” passed 27th July, 1835. See statement, post, in the appendix, entitled, “Public Loans and City Debt. 1 ' 5 3 Previous to the passage of this ordinance, the salaries of the city officers, as fixed by various ordinances, were as follows, viz: mayor $500; treasurer, $500; high constable, $200; city constables, each $100; clerks of councils, each $150. 710 GAS LIGHTS. Brought over, $4,095 00 Assessor of City Taxes, 100 00 Recording Regulator, 200 00 Superintendent of waterworks, including an Engineer, 1,200 00 Assessor and Register of the Int. city debt. No. 2. No. 3. No. 4. No. 5. No. 6. Public works, improvements No. 7. and debts due, N 0# g. &c> No! 9! No. 10. No. 11. No. 12. No. 13. No. 14. No. 15. No. 16. Coting’t fund. No. 17. water rents, 300 00—$5895 00 Interest on the city Debt, 9610 00 Pubiic Printing, 300 00 Cleaning paved Cartways, 2000 00 City Watch, 5000 00 Permanent improvement of the Mononga- hela wharves, 5000 00 City water works, 9500 00 Engine and Hose Companies, 3234 20 Balance due 1st instalment of gas stock, 4817 14 Eagle steam mill lot, and interest due, 11,400 00 Loan of 1830 due July 1st, 1836, 5000 00 Paving and Grading, &c. 11,704 00 Hospital and Sanitary fund, 1000 00 Outstanding certificates due July 1st, 1835, 3(00 00 Redemption and Interest on city bills, 400 00 Due on old paving, 462 58 Contingent fund for 1836, 5876 06 Total amount. $S4,198 98 Passed 29th February, 1836; and recorded 4th March, 1836, in Book A. page 223. CHAPTER CCXIX. A further supplement to “An ordinance for the construction and man agement of the Pittsburgh gas works,” passed 27th April, 1835, and to the supplements thereto, passed respectively 16th May, and 1st June, 1835. Whereas, in pursuance of the first section of said ordinance, dated 27th April, 1835, application has been made by the Preamble, stockholders representing a majority of the shares subscribed, asking that the trustees be aut hor'zed to borrow money, or to create additional stock; Therefore, 400 additional I« Be it ordained and enacted , $$c. That the said trustees be shares to be and they are hereby empowered to receive subscriptions, for subscribed. additional stock, not exceeding in the whole four hundred shares of fifty dollars each. StQpk to be II. That the mayor of the city of Pittsburgh be, and he js subscribed for hereby authorized and empowered to subscribe in the name fhc city. t j ie jjiayor, aldermen and citizens of Pittsburgh, for the said GAS LIGHTS, 711 four hundred shares of additional stock of the Pittsburgh Gas Works, to be subject to the same privileges and conditions which are already conferred on and enjoined upon the original stockholders. III. That the mayor be, and he is hereby authorized to 000 to be borrow on loan, any sum of money not exceeding in the whole borrowed to the amount of twenty thousand dollars, at such times and in pay for the such proportions as shall be required by the trustees of the said stock. Pittsburgh gas works, and to issue therefor certificates under the seal of the corporation (of either one hundred or of five hundred dollars each, at the option of the lender,) bearing an interest of not more than five per cent, per annum, which in¬ terest shall be made payable half yearly at the bank of Pitts¬ burgh, except so much as may be borrowed or held by trans-i n t. at 5pr. ct. fer in the city of Philadelphia, the interest on which shall be to be pd. semi- paid semi-annually at the bank of Pennsylvania, in the city of annually. Philadelphia. IV. That the said certificates shall be signed bv the mayor and countersigned by the city treasurer, and shall be severally Certificates to transferable by the subscribers, their legal attorney, executors, be issued <& to administrators or assigns, by endorsements thereon, at the of- be^transfera- fice and in the presence of the city treasurer for the time be¬ ing, or at the bank of Pennsylvania, in the presence of the cashier thereof; and shall not be paid off or redeemed by the city (except with the consent of the holders thereof,) before. Redeemable the first day of July, one thousand eight hundred and seventy- 111 two; and the money so borrowed shall be paid to the city treasurer, and applied by him exclusively to the payment of Tobeexclu- warrants drawn by the mayor for the purpose of meeting the sive, y f° r usc calls of the trustees of the Pittsburgh gas works for instalments tl ! e gas upon the stock as aforesaid subscribed for by him, in the name of the mayor, aldermen and citizens of Pittsburgh. Y. That it is hereby declared as the true intent and mean¬ ing of the ordinance of the 27th April, 1S35, and of its sup- Declaration as plements, of the 16th May, and 1st June 1835, that the ln * nances^ ° r terest guaranteed by the city shall be paid half yearly, on the amount of subscription paid in, from the date of payment. VI. That the faith, credit, funds, revenue, and corporate property of the city be and they are hereby solemnly pledged, Corporate pro- for the payment of the sum or sums hereby authorized to be borrowed as aforesaid, and for the payment of the interest ac- ment. cruing upon the same. 54 VII. That so much of the provisions of any ordinances now Repealing in force, and conflicting herewith, be and the same are hereby clause * repealed. Passed 3d March, 1836; and recorded 10th March, 1836, in Book A. page 224. 54 See statement, post, in the appendix, entitled “Public Loans and City Debt/’ also, notes and references appended to chap. 198, ante, p. 685. 712 CITY WATCH. CHAPTER CCXX. 1 capt. 2 lieu¬ tenants, & 16 watchmen to be appointed. Duty of the captain. Regulations to be read. To report to the mayor, &c. Duties of the lieutenants. To report eve¬ ry two hours at the watch- house. Watchmen to have the pow¬ ers of city con¬ stables. An Ordinance for the establishment of a permanent watch. I. That for the purpose of establishing a system of police* really suited to secure our citizens in their persons and their property, one captain of the watch, two lieutenants of the watch, and sixteen watchmen, shall be appointed from amongst those inhabitants entitled to vote at our municipal elections, as is hereinafter provided. II. That it shall be the duty of the captain to repair to the watch house, to be designated from time to time, be¬ fore 9 o’clock, P. M. of each day, there to remain until the hour appointed for the dismissal of the watch and prisoners, unless some urgent occasion might call for his personal inter¬ ference, for the purpose of promulgating the rules and regula¬ tions adopted for the better government of the watch, which regulations shall be read once every month in the hearing of the persons so employed: The said captain of the watch is hereby invested with all the powers and authorities of the high constable, all the duties of said officer being likewise imposed, except that of registering carriages, carts, and drays; and he is furthermore directed to report to the mayor, any negligence, or want of fidelity, that may have been observed in any of the persons under his direction, that they may be forthwith fined, or, if expedient, stricken from the roll, as will be hereinafter pointed out. III. That it shall be the duty of the aforesaid lieutenants of the watch, who are hereby clothed with all the powers and au¬ thorities of the city constables, to attend at the watch house at 9 o’clock, P. M. every night, (unless necessarily absent) to receive instructions; and in the absence of the captain, the senior lieutenant, to be designated as such by the m lyor, shall take upon himself all the duties of said officer, and be held accountable for their proper execution. They shill report themselves every two hours through the night, at the watch house, (unless engaged in some special service by order of their superior,) for the purpose of reporting any thing of importance they may have learned in their rounds from the watchmen, or from their personal observation, and particularly to report any lack of good faith which they may have observed in the per¬ sons under their supervision. IV. That the watchmen selected shall be of reputable standing, and they are hereby vested with all the rights and powers of the city constables, as defined by the act incorpor¬ ating the city of Pittsburgh. It shall likewise be their duty to report themselves at 9 o’clock, P. M, of each, and every night, at the watch house, for the purpose of inspection and instruc¬ tion; and together with the captain and lieutenants, at such CITY WATCH. 713 other times at the mayor’s office, as may be considered of im- To report for portance to the public peace. They shall repair to their respec- duty, &c. tive stations as soon after roll call as possible, and continue vigilant on the beats appointed for them, until 4$ o’clock, jj ours of duty A. M. of each day, from the 21st of March until the 21st of established. September, and until 6 o’clock A. M. of each day, from the 21st of September until the 21st of March, at which desig- All prisoners nated hours they shall assemble at the watch house, and con-to be convey- vey any prisoners therein confined to the mayor’s office, to be ed ? to the may- dealt with according to law. or s office * Y. That they are hereby empowered, and required to ap¬ prehend all assassins, robbers and other violators and disturb- ers of the public tranquillity, or any, and every one, they may men j n appre ] have cause to suspect of any unlawful, or evil design, as well hending offen- as drunkards and vagrants, and shall take the person or persons ders, so apprehended, as soon as conveniently they may, to the pub¬ lic watch house. They shall call the hour of the night, and state of the weather at such times, and in such manner as may Calling the be from time to time dictated; they shall light the public hour, lamps, after the introduction of the gas through the streets, at such hours as may be ordered by the mayor, and they are hereby especially required in time of fire, to alarm each other, the inhabitants in their immediate neighborhood, and the offi¬ cers of fire companies who may reside within their respective sections, and shall thereupon repair to their several stations, other duties the better to apprehend any persons, who may be feloniously prescribed, carrying away any of the goods and chattels of another. VI. That a joint committee of one from the select, and two from the common council be appointed at the season at which ^ councils this ordinance may pass, and yearly thereafter at the stated to be appoint- period for the appointment of the standing committees, whose ed annually, duty it shall be, to consult with the mayor at such times as he or they may deem it necessary, and in conjunction with him to select a suitable place for a public watch house; to devise Duty of the and establish suitable regulations for the government of the committee, watch; to divide the city into districts, and to prescribe the manner in which the duties of the watchmen shall be perform¬ ed. Said committee shall report quarterly at the stated meet¬ ings in March, June, September and December of each year, To make the state of the appropriation, and all things connected with te( j r ^orts S * said watch that they may deem important to the public in- &c. terest. VII. That in the absence of the committee from the city, or when unable to attend the notice of the mayor, the latter offi- Additional cer shall have full authority to alter, amend or add to any of powers of the the then existing regulations made for the management oftnayor. said watch; always provided that said alteration, amendment or addition be reported to the committee at their next meet- 111 714 CITY WATCH. mg, and does not conflict with the letter and spirit of this by¬ law. VIII. That the captains, lieutenants, and watchmen, shall Watchmen, 130 appointed by the mayor and joint committee, subject to to P be a^^ohit- remova ^ They shall each take a solemn oath, to per- ed by the may- f° rm ^e duties of their respective offices to the best of their or. abilities, and shall give bonds with security to be approved by the mayor,- the captain in the sum of fifteen hundred dol¬ lars, each lieutenant in the sum of one thousand dollars, and To be sworn eacn watc ^ man i n the sum °f ^ ve hundred dollars; which & give bonds, bonds for the sums herein mentioned, shall be held in keep¬ ing to satisfy any damages accruing from misconduct in office. IX. That for any misconduct in an officer, a penalty of from five to forty dollars shall be imposed, and for the same Penalties in j n a watchman the penalty shall be from one to ten dollars, at caseofmiscon- t j ie discretion of the mayor, on a fair hearing of the case,- said penalty to be recovered as debts of like amount are recover¬ able. X. That neither the officers or watchmen shall claim any No fees to be f ees or costs, nor at any time accept any gratuity from any in- charged or gra- dividual whom they may arrest, or who may be subject to their tuities taKen. power. XL That all fees or costs to which any individual of the watch may be entitled, shall be received by the captain or How certain nex t li eu tenant, and shall be deposited in a suitable bank un- ccdlected^and dor the direction of the mayor, to be divided by the mayor distributed. and committee among the several watchmen, who shall have distinguished themselves by their good conduct. XII. That the mayor and joint committee, or either of them (reaseThe 0 * n tne a hsence °fthe other, may at any time they consider it watch if neces- expedient, increase the number of the watch to meet any sa ry. temporary emergency, of which increase they shall make re¬ port at the ensuing session of councils, stating the particular Report to be necessity for, and the expenditure made on account of said made to coun- j ncre ase. XIII. That any person attempting to mimick the cry or signal instituted by the watchmen, or that shall molest or insult them whilst in the performance of their required duties, shall be Penaltyfor in- coll veyed to the watch house, and at the proper time to the Sl rferm ^with ma y or,s °ffi ce ? when they shall *be liable to imprisonment as the watch W1 ^ disorderly persons, for any term not exceeding ten days, or be subjected to a penalty of from two to ten dollars, at the dis¬ cretion of the mayor. XIV. That the mayor be authorized to draw his warrant Mayortodraw on the city treasurer monthly, for any moneys due on account his warrant for 0 f the watch, on the order of the captain endorsed by a major- expenses. ity of said joint committee. XV. That from and after the first, day of April, A. D. 1836, GRADES OF STREETS, &c. 715 the salary of the captain of the watch shall be $30; the sa- Salaries of of- iaries of the lieutenants, each $25; and the salaries of the ficers and watchmen, each $20 per month. uatc ' XVI. That an ordinance passed on the third day of January, Repeal of 1831, authorizing the appointment of patroles, is hereby sup- chap. 147, ante, plied and repealed. 55 p. 571. Passed 26th March, 1836; and recorded 5th April, 1836, in Book A. pages 226, &c. CHAPTER CCXXI. An Ordinance declaring and fixing the grade of certain streets and alleys. I. That Grant street, at the intersection with Fifth street, shall be reduced ten feet below the present surface, and the Grade of permanent grade thereof shall be fixed at ten feet below the G rant street, top of the middle front door sill of St. PauPs church; and from the intersection aforesaid, Grant street shall, when.so re¬ duced, be graded a uniform descent, northwardly, to the pre¬ sent grade of Seventh street, at the west end of the canal bridge, and from said intersection shall be graded a uniform descent, southwardly, to a point half way between Fourth and King streets; and Smithfield street, at its intersection with Fifth street, shall be raised four feet above the present sur " stree ^ mit ^ fie ^ d face, and from thence shall be graded, a uniform descent, southwardly, to Diamond alley, and northwardly a uniform grade, to Virgin alley; and Fifth street shall be graded a uni¬ form descent, westwardly, from Grant to Smithfield streets, street, and from the intersection thereof with Smithfield street, the grade shall be a uniform descent to Wood street; and the grade of Fifth street shall be continued, eastwardly, one hun¬ dred and seventy-five feet to an elevation four feet above the horizontal line, thence to Ross street the grade shall have a 5 s See chap. 147, ante , 571, for the ordinance authorizing the mayor to employ nightly patroles, passed 3d January, 1831. Under this ordinance a nightly watch was employed by the mayor for several years past—the expenses for which, during the last current year, were $1735. The contemplated salaries of the officers and watchmen, under the ordinance in the text is $4800. For the old ordinances au¬ thorizing the appointment ofifc nightly watch, see chap. 12, ante, p. 93, passed 24th August, 1816, which was entirely repealed by chap. 33, ante , p. 137, passed 5th March, 1817; what the actual expenses were, under that ordinance, we have now no opportunity of ascertaining. A resolution was adopted, by the com. council as follows, to wit: “Resolved, That the police committee be directed to report forth¬ with to the councils, when the watcb was first established or employed—what has been the number of the watch at any time—what is their number now—and what has been the separate pay of the watchmen and police, when on patrol duty,” &c. See minutes of the com. council, of Oct. 26th, 1835, page 315. No report was, how¬ ever, made by the police committee on the subject. For the expenditure of $1735, as above mentioned, see city accounts, of 1835, Min. of com . coun. page 321. 716 GRADES OF STREETS, &c. Sixth street, uniform descent of one foot six inches perpendicular. Sixth Virgin alley, street, Virgin alley, and Diamond alley, shall each of them be alle Diamond graded from Grant street, a uniform descent, to Smithfield . street. And Diamond street shall be graded from Grant street, eastwardly, one hundred and seventy-seven and a half Diamond st. feet at a uniform ascent of five inches in every ten feet, and thence, at a uniform descent, one inch and eight-tenths in eve¬ ry ten feet, to Ross street. II. That Wylie street, when opened, shall be graded from W ’lie street street to High street, at an angle of two degrees twenty- ^ 16 s ' two minutes below the horizon, and thence to the city line, as now bounded, at a uniform ascent of two degrees twenty- four minutes above the horizon. III. That Coal lane shall have a uniform ascending grade from Grant street, eastwardly, six hundred and forty-one feet, Coal lane at an an §^ e one degree thirty-three minutes above the ho¬ rizon, and thence to Seventh street a uniform descending grade, at an angle of one degree fifty-one minutes below the horizon; and all the streets and alleys that cross or intersect the streets and alleys above described, shall be graded to con¬ form with the several grades herein mentioned 56 Passed 26th March, 1836; and recorded, 31st March, 1836, in Book A. page 226, &c. ACT OF ASSEMBLY. An Act relative to the Pittsburgh Gas Works. 5 7 Trustees of gas I. Be it enacted , fyc. That the trustees of the Pittsburgh works autho- gas works be and they are hereby authorized to lay the ne- rized to lay ce ssary pipes from the works to the city lines; Provided , tvfines ^c 01 *^ e same do not pass through private property; And provi- Not to pass ded, The like precautions be taken in opening and closing thro’ private up the highway as are or may be enjoined in reference to property. opening and closing up the streets of said city. II. That for the violation of any ordinance of the city of s 6 See the notes appended to chap. 144, ante , p. 566-7, and the act of assembly appended thereto, passed 1st of April. 1831, ante . p. 567-70. See, also, statement at large as to Cherry alley and Grant street, ante, p 603-4. And for the duties and compensation of the regulators of streets and lots, &c. see chap. 17, ante, 110-13; Chap. 20, ante , p. 120-26. As to Grant street, Try street, Ross street, and Dia¬ mond street, and the agreement respecting the same, see chap. 22, ante, p. 127-28; and for the general ordinance describing the duties, &c. of the regulators of streets and lots, see chap. 112, ante, p. 198—200. 5 7 The title of this act of assembly is probably raistated in the text, it having been attached, on its final passage by the legislature, to some act of a different title, and included, as usual, in the words “ and for Other purposes:” nor is the particu¬ lar time of its enactment stated—but see, post, “ Titles of acts of assembly, pass¬ ed,” &c. GAS LIGHTS. 717 Pittsburgh, passed for the protection of said property from in- Offenders to jury, the party offending, if the offence be committed without in the city limits, may be punished by indictment in the court se g S i*n a ^ er of quarter sessions of Allegheny county. III. That the select and common councils of the city of Councils au- Pittsburgh, be, and they are hereby fully authorized and em- thorized to lay powered, to lav out, open, extend and widen such street or° l *b extend &. * ' ^ ’ r ' # widen pertain streets as they may deem necessary to communicate between streets the public streets of said city and the Pittsburgh gas works, and such street or streets, from the time the same may be de¬ clared and ordered by said councils to be opened, extended or widened, shall forever after be deemed, adjudged and taken as public highways, and subject to the same regulation and police as other streets or highways of said city; Provided , nevertheless , That the owner or owners of ground, through Persons injur- which any such street shall be opened, extended or widened, ed to be in¬ may proceed in the same manner to obtain indemnification dernnified, ac- for any injury he or they may sustain thereby, as is directed existing ^road by the several acts in force, and providing for the opening of laws, public roads in this commonwealth. Passed, and approved by the Governor, at the session of 1835-6. CHAPTER CXXII. An Ordinance supplementary to the several ordinances relative to the Pittsburgh Gas Works. I. That the committee on streets, grading and paving, be Grade of Se authorized and required to alter the grade of Second street, cond st - from from Ross street to the eastern boundary of the city, and to pn^to be^af extend the said street thence, so as to intersect the street tered. leading to the gas works, in such manner as may be best cal¬ culated to insure the commodious and safe conveyance of gas from the works into the city. II. That the committee on water be authorized and requi- Water pipes red to lay down water pipes along Second street from Ross to be laid from street to the eastern boundary of the city, and to continue ^^cit^linV 0 the same thence to a point opposite the gas works. 58 e C1 ^ inc ' Passed 30th May, 1836; and recorded 1st June, 1836, in Book A. page 229. * 8 The ordinance in the text was passed on the 30th May, 1836, in pursuance of the power vested in the city councils by the preceding act of assembly; and, when carried into effect, will materially alter the grade of Second street, from Ross street to the eastern boundary of the city, as heretofore established. The present gas works are located near to, but without the present chartered limits of the city; but the act of assembly, before referred to, gives the city councils, for par¬ ticular purposes therein expressed, jurisdiction over the streets and roads leading thereto. 718 ACTS OF ASSEMBLY. ACTS OF ASSEMBLY. A further supplement to the act incorporating the city of Pittsburgh* passed the eighteenth day of March, eighteen hundred and sixteen. Mayor of Pitts* Be & enacted , Sfc. That the mayor of the city of Pitts* burgh, to have burgh, who shall have been, or may hereafter be elected, by the same pow- virtue of and in accordance with the provisions of thesupple- ® rs ment to the act incorporating the city of Pittsburgh, which vf 0 us7o 26th sa ^ supplement was passed the tsventy-sixth day of Decem- Dcc. 1833. ber, eighteen hundred and thirty-three, shall be, and is here¬ by authorized, to exercise all the powers which were exercis¬ ed by the mayor elect of said city, prior to the passage of said Except in civil supplement; except such powers as are exercised by aldermen cases. j n c i v il cases. 5 9 II. That the commissioners of Allegheny county, and their b^built 0118610 successors ’* n office, are hereby authorized upon good and suf¬ ficient security, to borrow upon the best terms they can pro- Com’rs.of All. cure ffi e same, a certain sum of money, not exceeding sixty co. authorized thousand dollars; to be disbursed by them in the erection of to borrow on a court house and other public buildings for the use of said loan $60,000. coun ty ? should the commissioners of said county determine on the building of a courthouse and other public buildings. 60 Passed, and approved by the Governor, at the session of 1835-6. An Act to authorize the opening of an alley in the city of Pittsburgh from St. Clair street to Irwin street. 6 1 L Be it enacted , Sfc. That the court of common pleas of Allegheny county, on petition, shall appoint fifteen or more & 9 For the act of assembly of the 26th of December, 1833, see ante , p. 702-4, The powers and duties of the mayor, when elected from the body of the citizens . are now, according to the provisions of the act in the text, the same as when he was directed to be chosen from the body of aldermen, according to the provisions of the 9th sect, of the original act of incorporation, passed on the 18th March, 1816, ex¬ cept in civil cases. See ante, p. 15. Whether the legislature have the power, un¬ der the present constitution, to create & judicial officer, and clothe him with crimi¬ nal judicial powers, without an appointment or commission from the executive, dubitatur. 60 Under the provisions of this section, the commissioners of Allegheny county have entered into contracts for the erection of a new court house, on the public ground, on Grant’s Hill, adjacent to the new jail, to be built of cut stone, on a plan sufficiently large to accommodate all the courts usually held in Pittsburgh, and all the public offices . The contracts are with Messrs. Coltart & Dilworth, and others, and the work is to be fully completed within three years. The estimated cost is from $100,000 to $120,000. June 18th, 1836. 6 i There is no street of the designation of Irwin street , in the original plan of the city: it is presumed that Irwin's alley is intended, which runs from Liberty street to the Allegheny river; and although Exchange alley is not designated by name, the act in the text evidently contemplates the opening of that alley from St. Clair street to Irwin's alley , whilst a subsequent act, (ante, p. 697-8,) passed 15th April, 1835, Acts OF ASSEMBLY 719 disinterested freeholders, who shall meet on at least live days Court of C. P. notice, and if any twelve or more attend, they shall view the Allegheny premises, and if any twelve of those attending, being first viewers. P ^° ,n duly sworn or affirmed to perform the duties imposed on them by this act with fidelity, shall decide that the said alley is ne- Duties of cessary for public use, through the block of lots on Liberty viewers; and Penn streets, from St. Clair to Irwin streets, they shall proceed to lay out the same sixteen feet wide, and assess the damages done to any lots, taking into consideration the ad¬ vantages accruing as well as the injury done, and shall charge the damages so done upon the lots or parts of lots so benefit¬ ed, according to a fair estimate of the benefit conferred on each lot* and designating the person or persons to whom such damage is done and payable; and if a sufficient number do Vacancies sup not meet to act, or if they cannot agree, the court may at any plied, time appoint others; the said viewers shall make report to the said court, and if approved by the court, said report shall be entered of record, and the said alley shall thenceforth be deem¬ ed and taken to be a lawful public alley. II. The said damages, so assessed, shall, to all intents and Damages as- purposes, be a lien against the lot or lots upon which they may sessed to be a respectively be assessed, and the same shall be recoverable by lien; writ of scire facias , in the name of the commonwealth, for the use of the person in favor of whom such damages are as¬ sessed, as debts secured by mortgage are now by law recover¬ able ; such scire facias to be issued so soon as the court shall confirm the said report. III. As soon as the costs and the damages so assessed, shall When alley be paid unto the persons in whose favor the same shall be shall be open- awarded, or into the said court, by any individual or individu-®^ als, the prothonotary shall so certify to the court, and the court shall order said alley to be opened, and the same shall be opened by the street commissioners. Passed 11th April, 1835. See Pamph. Laws of Penn, session of 1834-5, pages 194-95. An Act to fix the standards and denominations of measures and weights in the commonwealth of Pennsylvania. I. The standard unit of all measures of length, shall be the “ yard,” to conform to that in use in this commonwealth at contemplates the opening of Exchange alley, in continualion, from Irwin's alley to Hand street —the further opening of the said alley from Hand to Wayne street being previously provided for—making the alley, called Exchange alley, extend from Ce¬ cil's alley entirely through to Hand street. See ante, p. 605, and further, the 9tb sect, of the act of 15th April, 3835, ante, 697-8, providing for the present exemption of so much of said alley as is now occupied by the brick buildings of A. L. Kerr and N. W. Presley. 720 ACTS OF ASSEMBLY. Standard of the (late of the declaration of independence: the positive stan- linear mea- clard to be obtained as hereinafter described, and that one- sures fixed. third of said yard shall be one foot, and that one-twelfth of said foot shall be one inch. it of o Ik The standard of liquid measure shall be the gallon, to ther^measures cont ain two hundred and thirty-one cubic inches, of the stan- fixed. dard aforesaid, and no more; and that the standard of dry measure shall be the bushel, to contain two thousand one hundred and fifty cubic inches and forty-two hundredths of a cubic inch, of the standard aforesaid, and no more. Standard of ^ The standard of weight shall be a pound, to be com- weight deter- puted upon the Troy pound of the mint of the United States, mined. referred to in the act of Congress of the 19th of May, one thousand eight hundred and twenty-eight, to wit: the Troy pound of this Commonwealth shall be equal to the Troy pound of the mint aforesaid, in the proportion of seven thousand to five thousand seven hundred and sixty. . . IV. It shall be the duty of the governor of this common- dardof^lenTh wea ^ to P rocure ? within three years from the date of the determinedao P assa g e of this act* a standard yard, to constitute the positive be provided by standard of length in this commonwealth, said standard to be the governor, equal in length* at the temperature of melting ice, to the dis¬ tance between the eleventh and forty-seventh inches on a cer¬ tain brass scale of eighth-two inches in length, procured for the survey of the coast of the United States, and now depo¬ sited in the war department: the material of said standard to be brass, and the divisions upon it to be inches and parts of an inch of the brass scale aforesaid. Governor to V. It shall be the duty of the governor to procure, within provide posi- three years after the passage of this act, for the use of this of V me^ttf C0mm0nwealth ’ a stan( ^ ar< ^ g a H° n a °d bushel, to conform to capacity. the P rov i s i° n °f section second of this act, the material of said standard to be of cast brass. Governor to VI. It shall be the duty of the governor of this common- provide posi- wealth to procure, within three years after the passage of this hve standards act? a duly authenticated copy of the Troy pound of the mint ° wei g • 0 f the United States, to constitute the positive standard of weight of this commonwealth, the material of said standard to be brass. Preservation VII. It shall be the duty of the governor of this common- of the positive wealth, to have the positive standards of measures, of length standards pro- an( j capacity, and of weight, provided by the foregoing sec- vided for. tions, inclosed in suitable cases and deposited in the office of the secretary of the commonwealth, to be by him there care* fully preserved. Verification of VIII. It shall be lawful for the governor of this common* the positive wealth, when he shall deem it expedient, to have tested the standards pro- conformity of said positive standards of measure and weight, vided for. to foe foregoing provisions of this act, or to the natural inva- ACTS OF ASSEMBLY. 721 liable standards hereinafter provided, and if Congress shall at any time hereafter, establish standards of weight and measure, the standards aforesaid shall be made to conform thereto. IX. It shall be the duty of the governor, to provide within Distribution of three years after the passage of this act, for each of the coun- standards^ ro ties of this commonwealth, at the charge of the counties res- vlded^or. PF ° pectively, positive standards of measures of length, of capacity, and of weight of the several denominations in common use, or such of them as may be necessary for the accurate and con¬ venient adjustment of weights and measures, said standards to be of approved construction, carefully compared with the state standards aforesaid, and made of the same material, and having caused the same to be duly stamped, to have them delivered to the commissioners of the counties respectively, to be used as standards for the adjusting of weights and mea¬ sures, and for no other purpose. X. It shall be the duty of the commissioners of the respec- Verification of tive counties, at least once in every ten years, and oftener if standards ^ r they have reason to believe it necessary, to cause the stan- v ided for. dards of the respective county to be examined and tried, and if necessary, to be corrected or renewed according to the standards of the commonwealth heretofore referred to. XL It shall be the duty of the governor, within ten years ^ards to be re" after the passage of this act, to cause the positive standards f erre d to natu- herein described, to be referred to natural invariable standards, ral and invari- and to deposite in the office of the secretary of the common- a ble standards, wealth the authentic certificates of such reference, with the ap¬ paratus by which it was made, the length of the standard yard to be compared with that of the pendulum vibrating seconds, at a certain and defined spot in the Independence square, in the city of Philadelphia, or in some unalienable public pro¬ perty, at an ascertained and convenient temperature and pres¬ sure ; all the circumstances of the comparison to be stated, the standard of weight to be compared with that of one hun¬ dred standard cubic inches of water at its maximum density, and at a convenient atmospheric pressure. XII. The denominations of linear measure of this com- p on ^Qf°^ na " monwealth, whereof the yard, as heretofore provided, is the g° res standard unit, with the relations thereof, shall be as follows: e d. Twelve inches make one foot. Three feet make one yard. Five and a half yards make one rod, pole or perch. Forty rods make one furlong. Eight furlongs make one mile. XIII. The denominations of superficial measure of this superficial commonwealth, whereof the square of the linear yard as here- measures * tofore provided is the standard unit, with the relations to said standard and to each other, shall be: Thirty and one-fourth square yards make one pole or perch. 112 722 ACTS OF ASSEMBLY. Forty square poles make one rood. Four square roods make one acre. Six hundred and forty acres make one square mile. Of liquid mea- XIV. The denominations of liquid measure of this com- ? ure * monwealth, whereof the gallon, as heretofore provided, is the standard unit, with the relations to said unit and to each other, shall be: Four gills make one pint. Two pints make one quart. Four quarts make one gallon. Thirty-one and a half gallons make one barrel. Two barrels make one hogshead. Two hogsheads make one pipe. Two pipes make one tun. Of dry mea- XV. The denominations of dry measure of this common- sure. wealth, whereof the. bushel, as heretofore provided, is the stan¬ dard unit, with the relations to said standard and to each other, shall be: Four pecks make one bushel. And the minor divisions of the peck shall be its aliquot parts: Provided , That the form of the dry measure shall be conical* that the diameter of the circle of the top of the measure shall be not less than one-twentieth greater than the diameter of the bottom of the measure, and the height not more than nine- twelfths of the diameter of the bottom. Of weights re- XVI. The denominations of weight of this commonwealth, ferring to the whereof the troy pound, as heretofore provided is the stan- troy standard, dard unit, with the relations thereof to said standard and to each other, shall be: Twenty-four grains make one penny-weight. Twenty penny-weights make one ounce. Twelve ounces make one pound. Of weights re- XVII. The denominations of weight of this commonwealth, ferring to the whereof the pound avoirdupois, as heretofore provided, is the avoirdupois standard unit, with the relations to said pound and to each other, shall be: Sixteen drams make one ounce. Sixteen ounces make one pound. Twenty-five pounds make one quarter. Four quarters make one hundred. Twenty hundreds make one ton. 62 Passed 15th April, 1834. See Pamph. Laws of Penn, session of 1833-34, p. 524-28. 6 2 Until the passage of the act in the text, the several legislative enact¬ ments, with respect to the important subject of weights and measures, were in a confused and almost unintelligible shape, notwithstanding the frequent recom¬ mendations of the executive to the legislature calling for their revision. In fact, no uniform standards of weights and measures were in existence, by which those measures in general use among the inhabitants could be correctly regulated; ' ACT OF CONGRESS, 723 Resolution relative to procuring a standard of weights and measures. Resolved , 8 $c. That the expense of procuring standard Ex enge weights and measures, as required by the act of April fifteenth, pro^ uring°stan one thousand eight hundred and thirty-four, be paid out of dards to bepd. any unappropriated moneys in the state treasury, upon the out of the state accounts being settled by the proper officers, in the usual treasur y* manner. Passed 14th April, 1835. See Pamph. Laws of Penn, session of 1834-5, p. 438. ACT OF CONGRESS. An Act to continue the mint at the city of Philadelphia, and for other purposes. II. That for the purpose of securing a due conformity in troy lb. weight of the coins of the United States, to the provisions at London" of the ninth section of the act, passed the second of April, i n 18*27, to be one thousand seven hundred and ninety-two, entitled “An the standard of act establishing a mint, and regulating the coins of the Uni- tr °y weight ted States,” the brass troy pound weight procured by the minister of the United States at London, in the year one thou¬ sand eight hundred and twenty-seven, for the use of the mint, and now in the custody of the director thereof, shall be the standard troy pound of the mint of the United States, con¬ formably to which the coinage thereof shall be regulated . 6 3 III. That it shall be the duty of the director of the mint to Duty of the db procure, and safely to keep, a series of standard weights, cor- re . ctor Of the responding to the aforesaid troy pound, consisting of an one th^standard 3 ^ pound weight, and the requisite subdivisions and multiples weights, and yet fines and penalties continued to be imposed, in the public markets, on persons using alleged false weights and measures, as well as on persons following the occu¬ pation of retailers. The neglect, on this subject, by the legislature of Pennsylva¬ nia, may be attributed to the indisposition manifested by congress to exercise the exclusive power reserved to that body by the constitution of the United States, by the 8th section of the 1st article of which is enumerated the following, among others, “Congress shall have power, to coin money, regulate the value thereof, and of fo¬ reign coin, and fix the standard of weights and measures .” This power congress have not yet thought proper to exercise—so that the states are left to the regulation of their own legislative enactments, until it shall be the pleasure of congress otherwise to direct. The act in the text, when considered, as connected with previous enact¬ ments on the same subject, renders the regulations as to weights and measures as perfect, in Pennsylvania , as is necessary for all the common purposes of trade and commerce. See note, ante , p. 52, and Index , ante, p. 507-8. See, also, the act of 10th March, 1818, 7 Smith , 79. Pamph. Laws of Penn. sess. of 1818-19, p. 182, ante p. 43; and the act of the 29th of March, 1813, 6 Smith, p. 88. Purdon, 79 6. 63 For the 9th sect, of the act of congress, entitled “An act establishing a mint, and regulating the coins of the United States,” passed the 2d of April, 1792, see Laws U. S. vol. 2, pages 265-6. 724 GRADING OF STREETS. have them re- thereof, from the hundredth part of a grain to twenty-five gulated once a pounds; and that the troy weights ordinarily employed in the y ear * transactions of the mint, shall be regulated according to the above standards, at least once in every year, under his inspec¬ tion; and their accuracy tested annually in the presence of the assay commissioners, on the day of the annual assay . 6 4 Passed and approved 19th May, 1828; Pamph. Laws of the U. States, session of 1827-28, page 55. CHAPTER CCXXIII. An Ordinance establishing the grade of Water street, Monongahela Wharf, &c. Water st. to be I- That the committee on wharves be authorized and re¬ graded accord- quired to grade Water street and Monongahela Wharf, from ing to diagram, Grant street to the Point, agreeably to a diagram in the of- &jC ' fice of the recording regulator. Said street to be thirty-five feet wide from the curb to the line of the wharf. The wharf to extend from the line of the street two hundred and twenty- seven feet to low water line, at a regular descending grade From Grant st. f rom the line of the street. This distance from the line of to the Point. Water street to be preserved from Grant street to West street; from West street to the Point the water line to be preserved terminating at the Point, one hundred and twenty-eight feet from the line of Water street, as laid down on said diagram. II. That a curb of wood or stone, shall be placed at the belaid * 01 * 6 10 I erm ^ nat * on °f the grade at the water line, to correspond with the pavement, said curb to be supported by a rough battered stone wall. Arrangement HI. That there shall be placed sixty feet from the curb of of fastenings the wharf, a row of fastenings, forty feet apart, along the for boats, &c. w harf; fifty feet above which another row, same distance apart, and fifty feet above this second row, another row, same distance apart, arranged as laid down on the diagram, which fastenings shall be either of locust not less than seven feet long, with a ring and links similar to those now in use, or a chain securely fastened around a stone not less than three feet long, and one foot in diameter, to be placed not less than five feet below the surface of the ground. Culverts to be IV. That a culvert shall be placed at each of the following erected and named places, not less than three feet in diameter, viz: at placed. Grant street, Cherry alley, Smithfield, Wood, Market, Ferry, 6 4 The day of the annual assay, and the manner of assaying the coins of the United States, are fixed and regulated by the 18 th sect. of the act of the 2d of April, 1792. Laws U. S. vol. 2. p. 268. See also, supplement thereto, vol. 3, p. 428— and the late act of congress as to the gold coins of the United States. HUCKSTERS, &c. 725 Short, Liberty and Penn streets, and between Penn street and the Point, as marked on the diagram. V. That each and every part of any ordinance inconsistent Repealing with the provisions of this ordinance, is hereby repealed. 6 5 clause. Passed 13th June 1836; and recorded 16th June, 1836, in Book A. pages 230, &c. CHAPTER CCXXIV. An Ordinance relating to hucksters, and for other purposes. I. That the mayor be and he is hereby authorized to grant licenses to persons following the business of selling country produce at second hand, to have portable stalls placed within the market place, at the Diamond market house, at such place or places as may from time to time be directed by the officer of said market, for the purpose of exposing to sale, such arti¬ cles of country produce as they may have purchased without the limits of the city. II. That each and every person wishing to be licensed for the purposes aforesaid, shall pay the mayor for the use of the city, the sum of $10 per year, and occasional visiters the sum of37£ cents for each day they may occupy a portable stall, said 37i cents per day to be paid to the clerk of the markets, for the use of the city. III. That there shall be full power vested in the mayor and aldermen of the city of Pittsburgh in cases of conviction, un¬ der any of the ordinances which impose a fixed penalty, to fine from one dollar, up to the sum or sums so fixed, as the equity of the case may require. IV. That so much of any ordinance or ordinances, as may be hereby altered or supplied, be, and they are hereby altered and repealed. 66 Passed 13th June, 1836; and recorded 16th June, 1836, in Book A. page 230. Licenses to be granted to per¬ sons using por¬ table stalls at the Diamond market house. Annual and daily rent of moveable stalls. Fines and pe¬ nalties to be inflicted. Repealing clause. 65 See chap. 23, ante, p. 128-9, entitled “An ordinance respecting foot pave¬ ments on the river Monongahela;” and chap. 79, ante , p. 166-7, entitled “A further supplement to an ordinance, entitled ‘An ordinance to prevent obstructions and nuisances in Water street,” chap. 45, ante, p. 143, and also chap. 6, ante, p. 78. For the regulation of the streets herein mentioned, see Index, titles “ Paving and Gra¬ ding,” and “Wharves and Landings.” 66 For the general law respecting hucksters, see chap. 8, ante, p. 80 to 89, entitled “An ordinance regulating the markets, and prescribing the duties of the clerk of the market and weigh-master,” passed 7th Sept. 1816; and chap. 78, ante, p. 163-66, entitled “An ordinance for the erection of two weigh houses in the market, and for other purposes,” passed 6th June, 1823; and, also, chap. 108, ante, p. 193-95, enti- tied “An ordinance on the subject of the market house,” passed 29th October, 1827. See, also, Index, titles “Markets and Market Houses,” “ Moveable Stalls,” “Fines and Penalties.” 726 ACTS OF ASSEMBLY. CHAPTER CCXXV. An Ordinance, altering and fixing the salaries of the night watch. Monthly sala- I. That from and after the first day of May, 1836, the ries of officers monthly compensation of the captain of the watch shall be raised atChmCn t ^ 1 ’ l t ^"° n8 ^°^ ars > lieutenant of the watch, twenty-six and a half dollars; and the watchmen each, twenty-six dollars; and that the mayor, as directed by the ordinance establishing the watch, be authorized to draw his warrant on the treasury for the several amounts. Repealing II. That so much of any ordinance as is hereby altered and clause. supplied, be and the same is hereby repealed. 6 7 Passed 13th June, 1836; and recorded 16th June, 1836, in Book A. page 229. ACT OF ASSEMBLY. GENERAL SCHOOL LAW. An Act to consolidate and amend the several acts relative to a gen¬ eral system of education by common schools. 6 8 Formation of I. Be it enacted , Sfc. That every township, borough or separate ward in this commonwealth, not within the city and incorpo- tricts° l dlS " ratec * districts of the county of Philadelphia, shall constitute a school district: Provided, That any borough which is, or may be connected with a township, in the assesmentof coun¬ ty rates and levies, shall, with the said township, form a dis¬ trict. Time & place II. Annually at the same time and place that elections are of electing held for supervisors and constables, and in wards and bo- iors* 01 direc " roughs, at the time and place of the borough elections, and in like manner, two persons shall be elected school directors for each district, whose term of office shall be three years; and the persons so elected shall be notified thereof within five days, by the judges of said election: Provided , That in dis- 6 7 This ordinance repeals and supplies the 15th sect, of the ordinance, chap. 220, entitled “An ordinance for the establishment of a permanent watch,” ante , p. 712, passed 26th March, 1836. 6 8 This act, being of general importance, and of recent enactment, is inserted at large in this edition of the city ordinances, in order to facilitate a ready reference to its various provisions. See note 27, to chap. 196, ante , p. 684; and, also, article in the appendix, entitled “ common schools and general system of education.” All former laws on this subject, are repealed and supplied by the act in the text; but see act, No. 102, entitled “An act to establish a general system of education by com¬ mon schools,” passed 1st April, 1834, Pamph. Laws of Penn, session of 1833-34, p. 170-79, and the supplement thereto. No. 176, passed 15th April, 1835, Pamph. Laws of Penn, session of 1834-35, p. 365-67. ACTS OF ASSEMBLY. 727 tricts where directors have not been elected, or in new dis- Elections in tricts, which may be established by the division of a township new districts, or otherwise, six directors shall be elected in such districts at the first election, two to serve one year, two to serve two years, and two to serve three years. III. Within twenty days after said election, each board of Organization school directors shall organize by choosing a president and G f the board of secretary out of their own body; they shall also appoint a directors, &c. treasurer for the district, and shall require him to give suffi¬ cient security to insure the faithful performance of his duty; they shall also have power to fill any vacancy which may oc¬ cur in their board, by death, resignation, or otherwise, until the next election, when such vacancy shall be filled by elect¬ ing a person to supply the same. IV. The school directors of every school district which has Taxes to bean- adopted the common school system, or which may hereafter nually levied, adopt the same, shall annually, on or before the first Monday of May, authorize to be levied such an amount of tax on said district as they may think necessary for school purposes; not less than equal to, nor more than treble the amount which the district is entitled to receive out of the annual state appropri¬ ation : and for the purpose of raising any additional sum that may be deemed necessary, meetings shall be called of the tax- ■ Publ,c n ? e ®^ able inhabitants of the township or district, by the directors, or f the 1st on the first Tuesday of May annually; notice of the time and Tuesday of place of holding such meeting being first given by at least six May annually, advertisements put up in the most public places in such town¬ ship or district, for the space of two weeks, a majority of whom shall decide by ballot, how much and what additional sum shall be raised for school purposes; and any additional sum so authorized, shall be assessed and collected, paid over and distributed in the same manner that is provided for by this act. V. The assessor of every ward, township or borough, com- Assessors to posing any school district as aforesaid, shall upon demand, furnish correct furnish the school directors of the district with a correct copy copies of their of the last adjusted valuation in the same for county purposes; du pbcates. whereupon the board of directors shall, on or before the first day of June, annually, proceed to levy and apportion the said tax as follows, viz: 1. On each male taxable inhabitant of the district, a poll p 0 q fax an( j 0 . tax at their discretion, not exceeding fifty cents. ther taxes to 2. On all offices and posts of profit, professions, trades and be levied for occupations, and on all single freemen above the age of twen- sc bo°l purpo- ty-one years, who do not follow any occupation, not exceed- ses * ing the amount assessed on the same for county purposes. 3. On personal property which was made taxable by an act entitled “An act assessing a tax on personal property, to be collected with the county rates and levies, for the use of the 728 ACTS OF ASSEMBLY. Mode of levy¬ ing, apportion¬ ing and collec¬ ting of taxes for school pur¬ poses. Mistakes to be rectified, and exonerations to be entered of record. Powers and duties of col¬ lectors. Taxes on un¬ seated lands, how to be col¬ lected. commonwealth,” passed the twenty-fifth day of March* one thousand eight hundred and thirty-one; and the said property shall continue to be assessed according to the provisions of said act, and upon all property now taxable for county pur¬ poses: Provided , That said act taxing personal property, shall not be so construed as to make widows’ dower liable to the payment of taxes, and upon all property now taxable for county purposes. 6 9 VI. When the school tax is so levied and apportioned in any district, the secretary of the board of directors shall make out a correct duplicate of the same, and the president of the board shall issue his warrant, with the duplicate aforesaid, to the township or borough collector, or to some other suitable person residing within the district, to collect the said tax, and shall require from him sufficient security to insure the faithful discharge of his duty; and the board of directors of each dis¬ trict shall have the right, at all times, to make such abatement or exonerations for mistakes, indigent persons, unseated lands, doc. as to them shall appear just and reasonable; and the secretary of the board shall enter in a book or books, to be kept by him for that purpose, the names of all persons so abated or exonerated, together with the reasons for such exonerations, VII. The said collectors shall have like powers to enforce the payment of the school tax as collectors of county rates and levies have to enforce the payment of the same, and shall receive the like compensation for his services, from time to time, as the said tax is collected, the collector of the district shall pay the amount over to the district treasurer, and shall settle up his duplicate on or before the time fixed upon in the warrant of the president,: 70 Provided , That, if the tax so le¬ vied on unseated lands shall not be voluntarily paid by the owner or owners thereof, the district collector shall certify the same to the county commissioners, and the said county com¬ missioners shall enforce the collection thereof in the same manner as the collection of the taxes on unseated lands is enforced, when assessed for county purposes; and when so collected, the same shall be paid to the district treasurer, for 6 9 For the act, entitled “An act assessing a tax on personal property, to be col¬ lected with the county rates and levies, for the use of the commonwealth,” passed 25th March, 1831, see Pamph. Laws of Penn, session of 1830-31, No. Ill, pages 206-9; and see, also, the act, No. 112, passed at the same session, entitled “An act to increase the county rates and levies, for the use of the commonwealth.” Pamph. Laws, 209-11. See, also, appendix, “Common Schools and General System of Education.” 7 o For the powers and duties of “ collectors of county rates and levies,” see 9th, 15th and 16th sects, of the act of assembly of the 11th of April, 1799, 4 Dallas, 508, 3 Smith, 393, Pardon's Digest , 172-74. See, also , appendix, “ Common Schools and General System of Education.” ACTS OF ASSEMBLY. 729 the time being, by orders drawn by the said commissioners on the county treasurer. YH[, The school directors of every school district which General duties shall have adopted the common school system, shall perform the school the following duties in addition to those above specified: 1. They shall, if they deem it expedient, divide the district Districfs into sub-districts, and shall establish a sufficient number of be divided into common schools for the education of every individual above sub-districts, the age of four years, in the district, who may apply, either in person or by his or her parents, guardian or next friend, for admission and instruction, and shall keep the said schools open at least six months in every year, if they shall have funds for that purpose. 2. They shall cause suitable buildings to be erected, rented Building of or hired for school houses, and supply the schools with fuel, school houses. 3. They shall exercise a general supervision over the schools Supervision of of their respective districts, and fix the amount of the salaries schools. of the teachers. 4. They shall pay all necessary expenses of the schools, Payment of by orders drawn on the district treasurer, signed by the presi- ex P enses - dent, and countersigned by the secretary of the board. 5. Each board of directors, by one or more of their num- Visitation of ber, shall visit every school within their district, at least once schools. in every month, and shall cause the result of said visit to be entered on the minutes of the board. 6. Whenever it may be necessary or convenient to estab- Districts may lish one or more schools , out of two or more adjoining dis-be united, tricts, the school directors of such adjoining districts may es¬ tablish and regulate such schools,* and the expense thereof shall be paid, as may be agreed upon, by the directors of said adjoining districts. 7. They shall annually, on or before the first Monday in Annual reports January , make a report to the superintendent of the common t0 be m£ ^ e to schools, setting forth the number and situation of the schools den^atHarris" in their district,* the character of the teachers, designatingburgii. whether they are mate or females,* the number and sex of the scholars admitted during the year: the branches of study taught in each school; the number of months in the year du¬ ring which each school shall have been kept open: the cost of the school houses, either for building, renting, or repairing; and all other expenses which may have been incurred in maintaining the schools of their districts; together with such other information as may be beneficial in forming a just esti¬ mate of the value of common schools. 8. No school director or treasurer shall receive any pay or Compensation emolument whatever for his services, as such; but he shall be & exemptions exempt, during the time he continues to perform the duties of to school di- his office, from military duty or from serving in any borough reclors * or township office. 113 730 ACTS OF ASSEMBLY Formation of 9. When the school directors shall have divided the seve- sub-districts. ra l districts into sub-districts, for separate schools, the voters of each sub-district may meet, on notice being given, for ten days at least, signed by not less than four voters of said dis¬ trict, and choose a committee of three of their number, to serve for one year, who shall have the appointment of the teacher for such sub-district. Choice of 10. The directors of each school district shall have the schools. power to direct in which of the schools, so established in pur¬ suance of this act, the individuals in said district who may be admitted, shall be instructed. Duty of direc- 11. In case the school directors deem it inexpedient to di- tors, in case of v i^ e their district into sub-districts, or in case the voters of lect ^commit- an y su b-district, shall neglect or refuse to elect a committee , tees> as provided for in the ninth article of this section, then the duties of said committee shall devolve on and be performed by the school directors. Duties of the IX. The district treasurer shall receive all moneys belong- district treasu- j n g to the district, whether the same be derived from appro- rers * priations by the state, district taxes, private donations, or otherwise, and shall pay out the same on orders drawn by the president and attested by the secretary of the board of direc¬ tors, by order of the board, and his accounts shall be audited and adjusted as accounts of townships and boroughs are di¬ rected by law to be audited and adjusted. Secretary of X. The secretary of the commonwealth shall be superin- the com’w’th. tendent of the common schools, and shall perform the follow¬ ing duties: Blank forms, 1. Prepare suitable blank forms, with necessary instruc- ^ar dand fur ^ ons > f° r niaking district reports, and for conducting the ne- mshed? n U pessary proceedings under his jurisdiction; and shall cause the same, together with all such information as he may deem necessary for the further improvement of the schools, to be transmitted to the commissioners of the several counties for distribution among the several boards of directors, at the same time and in the same manner as the pamphlet laws of this commonwealth are transmitted, and at such other times and in such other manner as he may think expedient. Annual report 2. Prepare and submit an annual report to the legislature, to be made to containing a statement of the condition of the common schools the legislature, throughout the commonwealth; estimates and expenditures; plans for the improvement of the common school system; and all‘such matters relating to his office of superintendent and the concerns of common schools, as he shall deem it expe¬ dient to communicate. Orders to be 3. sign all orders on the state treasurer for the drawn on the payment of moneys to the treasurers of the several school dis- state treasurer tricts; but no order shall be drawn by him in favour of any in favor of the district treasurer until he shall have been furnished with a cer- ACTS OF ASSEMBLY. 731 liiicate, signed by the president and attested by the secretary district treasu- of the board of directors of the district, that a sum , at least rers * equal to the amount of the district’s share of the annual state appropriation of two hundred thousand dollars, has been le¬ vied on said district for school purposes. 4. If any controversy should arise among the directors of Controversies, any district, or adjoining districts, concerning the duties of^ c amon g t b e their office, the distribution of the state appropriation, or the settled arufad 6 levying and collection of taxes, he is hereby authorized tOj us t e d by the settle and adjust the same, without cost to the parties; and superintend^, all moneys reasonably expended by him in this and other mat¬ ters appertaining to the execution of his duty as superinten¬ dent, shall, upon due proof, be allowed to him by the auditor general, and be paid out of the state treasury. 5. He shall annually, in the month of February, transmit Annual ^es^nt to the commissioners of each county a statement of the amount t^th^county that every district therein, that has, and every district that has commission’rs not adopted the common school system, may be entitled to in February, receive out of the annual appropriation of two hundred thou¬ sand dollars; and the commissioners shall immediately cause To be publish- such statement to be published three times in one or more e ' newspapers printed in said county: Provided , That nothingp rov j s j on in in any section of this act shall be so construed as to deprive favor of dis- the districts which have not adopted the common school sys-tricts not yet tern, of their due proportion of the common school fund, un- organized. til after the first of November, eighteen hundred and thirty- eight. XI. One hundred thousand dollars in addition to the one offund^forthe hundred thousand dollars payable by the bank of the United support of States, both of which sums to be accounted and distributed common as the state appropriation, are hereby appropriated out of the schools, regu- school fund for the year one thousand eight hundred and lated after thirty-seven, and a like sum annually thereafter; which shall be apportioned among the several school districts of this com¬ monwealth, and the city and county of Philadelphia, accord¬ ing to their number of taxable inhabitants, but shall only be subject to the drafts of the superintendent of common schools, agreeably to the provisions of this act: Provided , That the balance of appropriations made under the act entitled, “An B a } anceo ffb. act to establish a general system of education by common merTppropria- schools,” passed the first day of April, one thousand eight tions, how to hundred and thirty-four, and the supplement thereto, and the be setttled and balance of the first appropriation of one hundred thousand accounte d for. dollars, which shall remain undrawn on the first day of No¬ vember, one thousand eight hundred and thirty-seven, and all subsequent balances, shall remain in the treasury, and accu¬ mulate for the use of such district or districts entitled to the same, for any term not exceeding one year from and after the first day of November, one thousand eight hundred and thir- 732 ACTS OF ASSEMBLY. Undrawn ba¬ lances to be re¬ paid into the school fund annually. ty-seven; and all such undrawn balance remaining in the trea¬ sury on the first day of November, one thousand eight hun¬ dred and thirty-eight, shall be repaid into the school fund; and in like manner the undrawn balance of subsequent ap¬ propriations shall be repaid into the said fund annually there¬ after. Presidents of XII. As soon as the president of the board of directors of districts to any school district shall have issued his warrant for the col- warrants*on ^ ec ^ on a school tax, agreeably to the sixth section of this the* state trea- act ? shall certify the same, stating the amount of such tax, surer, and also the name of the district treasurer, to the superinten¬ dent of common schools, who shall forthwith draw his war¬ rant on the state treasurer for the whole amount such district is entitled to receive. Meetings to be XIII. The school directors of every school district, which held annually s h a li not have adopted the common school system, shall an- or anized 3 for nua ^Y ca ^ a meeting of the qualified citizens of the district, school purpo- on day of election for directors, to be held at the usual ses. place of holding township, ward or borough elections, by at least six advertisements put up in the most public places in the district, for the space of two weeks: And the said meet- Organization j n g shall be organized between the hours of one and four of such meet- 0 ^ c i oc ]^ p ]\L on the said day, by appointing a president, and the secretary of the board of directors, or in his absence, some other member of the board, shall perform the duties of secretary to the meeting. When the meeting is so organized, Electors to ^ the question of establishing the common school system in the ‘‘^diool ^or^ district, shall be decided by ballot, and the said president and “no school.” secretary shall perform the duties of tellers to the meeting, and shall receive from every person residing within the dis¬ trict qualified to vote at the general election, a written or printed ticket, containing the word “ school,” or the words “ no school,” and shall continue without interruption or ad¬ journment until the electors who shall come to the said elec¬ tion shall have opportunity to give in their respective votes; Counting of an ^ ^ ie sa ^ te ^ ers shall count the votes, and if a majority votes. shall contain the word “ school,” the secretary shall certify Result to be the same to the board of directors of the district, who shall certified to the proceed to establish schools therein agreeably to the provi- county com- sions of this act, but if a majority shall contain the words missioners. « no sc hool,” the secretary shall certify the same to the coun- Annual meet ^ commissioners of the proper county: And the school direc- ingsto be call- tors °f every school district which may have adopted the corn¬ ed on the first mon school system, may, if they deem it expedient, call a Tuesday in meeting of the qualified citizens of the district, on the first Ma y- Tuesday of May, in the year one thousand eight hundred and thirty-seven, and on the same day in every third year there¬ after, to be held at the usual place of holding township, ward or borough elections; at which time and places an election ACTS OF ASSEMBLY. 733 shall be held, to decide, by ballot, whether the common Question as to school system shall be continued or not. The notice for die contmu- holding such meetings, and the time for and manner of hold- tQ S bede- ing said elections, to be in conformity with the preceding part termined. of this section, and, should there be a majority of the taxable inhabitants of said district in favour of 46 no school,'” the se- is c ” r ried °to cretary shall certify the same to the county commissioners of be certified to the proper county, and the operation of the common school the commis- system shall be suspended, in said' district, until such time as loners, a majority of the citizens shall otherwise decide. XIV. The school directors of every school district in which School direc- the common school system has been adopted, or shall hereaf- tors authorized ter be adopted, shall have power to purchase and hold real la^e^and and personal property which may be necessary for the estab- p ersona i es tate lishment and support of said schools; and the same to sell, for school pur alien and dispose of, whenever it shall be no longer required poses. for the uses aforesaid; and in all cases where real estate is Of estates held held by trustees for the general use of the neighbourhood, ashy trustees, a school house or its appendages, it shall be lawful for the said trustees, the survivor or survivors of them, to convey the same to the school directors aforesaid; and from thence¬ forth the said board shall hold the said property for the same term and for the same uses for which it was granted to said trustees. XV. School directors elected under the provisions of for- Provisions of mer acts, shall severally hold their offices during the term for former acts which they were elected; and all appropriations authorized by ^.g nued 111 former acts, whether by the state or county, and all taxes au¬ thorized to be raised for school purposes, shall be collected as they would have been collected if this act had not been passed. XVI. The county commissioners of every county within Duties of the this commonwealth, except the county of Philadelphia, when county corn- levying a tax for county purposes, shall estimate the amount anTre" which will be required to educate the poor gratis, in the seve- g^ated^in cer" ral districts of their county which shall have rejected the com- tain cases, mon school system; and when an estimate is so made, they shall levy the amount on said districts, and collect the same in the usual manner, and shall continue to provide for the education of the poor gratis therein, agreeably to the provi¬ sions of an act, entitled 44 An act to provide for the education of the poor gratis,” passed the fourth day of April, one thou¬ sand eight hundred and nine, 7 1 or such special acts of as¬ sembly as may be in force in any of the counties where there may be districts rejecting the provisions of this act: Provi- 71 For the act of assembly of the 4th of April, 1809, entitled “An act to provide for the education of the poor gratis,” see Pamph. Laics of Penn, session of 1808-9, 734 ACTS OF ASSEMBLY. the city of Lancaster. ded , That the whole expense thereby incurred, shall be paid out of the amount levied on said districts as aforesaid. Schools en- XVII. Where a school is, or shall hereafter he , endowed dowed by be- by bequest, or otherwise, the board of directors of the district ^ain^under * n suc ^ sc h°°l located, are hereby authorized to allow th^direchon^ suc ^ sc ^°°l to remain under the immediate direction of the oftrustees,&c. regularly appointed trustees of the same, and to appropriate on certain con- so much of the district school fund to said school as they may ditions. think just and reasonable: Provided , That such school shall be generally conducted in conformity with the common school system of this commonwealth. Repeal of for- XVIII. The act entitled “An act to provide for a general mer acts. system of education by common schools,” and also the sup¬ plement thereto, passed the fifteenth day of April, Anno Do¬ mini, eighteen hundred and thirty-five, are hereby repealed: Provided , That every thing heretofore done in pursuance of said acts, shall be held valid. 7 2 Proviso as to XIX. If the corporation of the city of Lancaster shall at any time adopt the common school system, agreeably to the provisions of this act, then the act to provide for the educa¬ tion of children at the public expense, in the city and incor¬ porated boroughs of the county of Lancaster, passed the first day of April, one thousand eight hundred and twenty-two, and the supplement thereto, passed the first day of April, one thou¬ sand eight hundred and twenty-three, shall, from the time of the adoption of the common school system in said city, be in¬ operative, null and void. Delegateswho XX. In all cases, where, under “An act to provide for a did not attend general system of education by common schools,” and also allowed 6 till ^ ^ su Ppl ement thereto, passed the fifteenth day of April, An- Aiig'ust 1836 no Domini, one thousand eight hundred and thirty-five, the di- to record their actors of any district may have met and decided to accept of votes, Ac. the law, and have appointed a delegate to attend the county convention for the purpose of accepting and carrying into ef¬ fect the provisions of said law, but if from any cause said de¬ legate has failed to attend said convention, said township shall be entitled to all the benefits and provisions thereof, on the same terms and conditions as those who have literally com¬ plied are entitled: Provided, said delegate shall,on or before the first day of August next, record the vote of said township in the affirmative, with the clerk of the convention. XXL The school year mentioned in this act, and in an act entitled “An act to provide for a general system of education by common schools,” and the supplement thereto, passed the 7 2 For the act of assembly, entitled “An act to establish a general system of education by common schools,” passed 1st of April, 1834, see Pamph. Laws of Penn. session of 1833-34, No. 102, pages 170-79:—and for the supplement thereto, passed 15th of April, 1835, see Pamph, Laics of Penn, session of 1834-35, No. 176, pages 365-67. ACTS OF ASSEMBLY. 735 fifteenth clay of April, one thousand eight hundred and thirty- School year to five, shall be taken and understood to end on the first Mon- on the 1st day of June ', to wit: The school year of one thousand eight ^ annually hundred and thirty-seven, will end on the first Monday of June of that year, and so of all other years. XXII. Immediately after the passage of this act, the super- Copies of this intendent of common schools shall cause circular letters, with nt a printed copy of this attached thereto, to be addressed to the commissinners county commissioners of every county; and it shall be the and published duty of every commissioner aforesaid to cause the same to be in the newspa- published in one and not more than three newspapers in the P ers * county, for three successive weeks, and the expense thereof shall be defrayed out of the county treasury; and the said su¬ perintendent shall also cause this act to be printed in pam- Copies to be phletform, and shall forward to the county commissioners of furnished to each county a number of copies thereof, equal to the number c * l_ of school directors in their county, to be distributed among the several boards of directors. XXIII. The act and its supplements now in operation in The 23d sect, the city and county of Philadelphia, entitled “An act to pro- this ac . t re ' vide for the education of children at the public expense with- e Shoots in the city and county of Philadelphia,” are declared to be 0 f the city and concurrent with the provisions of this act, and are in nowise county of Phi- to be considered as altered, amended, or repealed, except so ladelphia. far that said city and county shall be entitled to receive their due proportion and share of the annual state appropriation of two hundred thousand dollars: Provided , That the control¬ lers of the public schools for the city and county of Philadel¬ phia be, and they are hereby authorized, whenever they shall think proper, to establish one central high school, for the full education of such pupils of the public schools of the first school district, as may possess the requisite qualifications, and the moneys expended in the establishment and support of the said high school, shall be provided and paid in the same manner as is now, or shall hereafter be directed by law, with respect to the other public schools of the said district: And provided further , That so much of the tenth section of the act of March 3d, 1818, as renders the exclusive use of the" Lancasterian system in the first school district, obligatory up¬ on the controllers or directors, and all such provisions, (if any) in the said act and the several supplements thereto, as limit the benefits of the said public schools to the children of indi¬ gent parents, and so much of any act as is hereby altered or supplied, be and the same are hereby repealed; and in said public schools all children over four years of age shall be ad¬ mitted. Passed 13th June, 1836, session of 1835-6. 736 ACTS OF ASSEMBLY, An Act relating to inspections. Flour &, meal ^ ena cted, fyc. That all flour of wheat, flour of rye, liable to in- an d meal made of Indian corn, shall, if designed for exporta- spection at lion from either of the places mentioned in this section, be Philadelphia, liable to be inspected at the respective places as follows, to othfer U laces* 1 ^ W ^ : ^^ ^ ie city and county of Philadelphia, by the in- an^counties. s P ector °f flour appointed for the said city and county. 2. At the city of Pittsburgh and in the counties of Allegheny, Westmoreland, Washington, Fayette, Greene, Indiana, Jeffer- - son, Armstrong, Butler, Beaver, Mercer, Crawford, Erie, War¬ ren, Venango, by the inspector of flour appointed for the said city and counties. Wheat flour li- II. Flour of wheat which shall be offered for sale in the able to inspec-borough 0 f York, in the county of York, and in the borough and Moiuit r ofPottsville and Mount Carbon, in the county of Schuylkill, Carbon, &c. shall, upon the request of the purchaser thereof, be liable to be inspected by the inspector of flour appointed for the said boroughs. Flour brought III. All flour which shall be brought from any of the ad- from adjoining joining states, into either of the counties of Allegheny, West- leelfenv^&c " more ^ an d ? Washington, Greene, Fayette, for the purpose of be- liable to in- offered for sale within the said counties, shall be liable to spection. the like inspection and regulation as flour manufactured with¬ in the said counties. Also at Harris- IV. Flour of wheat which shall be offered for sale at the burg, Colum- city of Lancaster, or at the borough of Columbia, in the coun- caster ^ L&n ' ^ Lancaster, or at the borough of Harrisburg, in the coun¬ ty of Dauphin, shall upon the request of the purchaser there¬ of, be liable to be inspected by the inspectors of flour ap¬ pointed for said city and boroughs respectively. Flour made in V. Provided , That flour and meal manufactured in any other states other state, and put up in casks which shall bear the brand or may be expor-^g name G f suc h state, may be exported from this common- spection° Ut m ” wea lth, as the manufacture of the state from which it shall come, and not as the flour or meal of Pennsylvania, without being liable to inspection as aforesaid. May be trans- VL And provided also , That such flour or meal as shall P-edby^nd ^ mallu f ac tured within the counties of Westmoreland, Wash- moreland &c. ington, Greene and Fayette, and transported by land, out of without in- this commonwealth, shall not be liable to inspection as afore- spection. said. To be made VII. All flour liable to inspection as aforesaid, shall be merchantable, mac [ e merchantable and of due fineness, without any mixture of coarser or of different kinds of flour. Corn meal to VIII. All corn meal liable to inspection as aforesaid, shall be made of kdn ma( j e Q f kji n dried corn. It shall be ground to a due de- ^rie coin, g ree G f fineness, and be bolted and cooled before being pack¬ ed. ACTS OF ASSEMBLY. 737 IX. Provided , That nothing herein contained shall be Sour and dam- construed to prevent the exportation of sour or damaged flour a S e d flour may as such, if it be so marked distinctly upon the casks contain- s„ c ^ Xported as ing the same, by the inspector or deputy. X. Flour of wheat liable to inspection as aforesaid, shall Flour to be be packed in barrels or half barrels, well made of good sea- packed in bar- soned materials, and tightened with ten hoops, sufficiently ^ade^&c^ 1 nailed with four nails in each chine hoop, and three nails in ’ c ‘ each upper bilge hoop. XI. The barrels which shall be used for the purpose afore- Size and deno- said, shall be of the diameter of sixteen inches and a half at rotation of the head, and shall be marked “ Number one;’’ and every karreh specifi- such barrel shall be made of staves, twenty-seven inches in length; every half barrel which shall be used for the purpose aforesaid, shall be of the diameter of twelve inches and a half at the head, and shall be made of staves twenty-three inches in length, and shall be denominated “Number two.” XII. Every barrel “ Number one” of wheat flour, shall con- Quantity of tain the full quantity or weight of one hundred ninety-six flour to be pounds of such flour. Every half barrel of wheat flour shall P acked in each contain the full quantity or weight of ninety-eight pounds of ^ rrel speclfi * such flour. XIII. Every miller or bolter shall brand every barrel and Millerto brand half barrel of flour, put up by him, with the number one or ba f re]s two, according to the dimensions thereof as aforesaid, before ^number* of the same shall be removed from the place where the same denomina- was bolted, under the penalty of twenty cents for every bar- tions, &c. un- rel or half barrel removed without being so branded. He der a penalty, shall also, under the like penalty, brand as aforesaid every barrel and half barrel of flour with the weight of the flour therein contained. XIV. Flour of rye, and meal made of Indian corn, liable How rye flour to inspection as aforesaid, may be packed in barrels or half an( * mea l ma y barrels, made in the manner hereinbefore described. be P ac ked. XV. Flour of rye, and meal made of Indian corn, liable to May be pack- inspection as aforesaid, may also be packed in strong tight ed in punch- puncheons or hogsheads, suitable for molasses casks, well heads°\\e?f S " made of good seasoned white oak or red oak staves, with pine m ea d( f’ &c or other suitable heads tightened, and bound with sixteen good and sufficient hoops, two of which at least, namely the second from each chine, shall be of iron; they shall be well secured with at least four nails in each chine hoop, and three wooden plugs or pegs at the upper edge of each upper bilge hoop. XVI. Every puncheon or hogshead which shall be used for g ize ^ the purpose aforesaid, shall be of the following dimensions, puncheons, to wit: The diameter at the head shall be twenty-seven &c. specified, inches; the diameter at the bung or bilge shall be thirty-one ?38 ACTS OF ASSEMBLY in puncheons. Middlings, how to be branded. Casks contain- be tared and marked, &c. inches; and every such cask shall be made of staves forty-one inches in length. Quantity of XVII. Every puncheon or hogshead of rye flour or of corn flour and meal meal, designed for exportation as aforesaid, shall contain the to be packed full quantity or weight of eight hundred pounds nett of such flour or meal. XVIII. Every cask of wheat flour of the kind called mid¬ dlings, liable to inspection as aforesaid, shall be branded with the word “ Middlings” at length, before it shall be removed from the mill or bolting house where the same shall have been first packed; and in defuilt thereof, the owner shall be lia¬ ble to a penalty of ten cents, to be paid the inspector or de¬ puty. XIX. Every cask containing flour of rye or corn meal as ing rye flour & aforesaid, shall have the tare or weight of the cask marked corn meal to thereon; it shall be branded with the words “ Rye flour” or “Kiln-dried corn meal,” at length, in a fair, distinguishable manner, according to its contents, and also with the weight of the flour or meal contained therein, before it shall be re¬ moved from the place where the same shall have been first packed; and every puncheon or hogshead of such flour or meal shall also be branded with the number 66 1800;” and if any miller or bolter shall fail to brand or mark any cask as aforesaid, he shall be liable to a penalty of ten cents for every such cask, to the inspector or deputy. XX. Every miller or bolter of flour for exportation shall have a distinguishable brand mark, with which he shall brand each and every cask of flour before it shall be removed from the place where the same shall be bolted, under the penalty of ten cents for every cask, to the inspector or deputy, which shall be removed without being so branded. XXI. Every miller or bolter of flour may, if he think pro¬ casks of wheat per, brand with the word “ Superfine,” such casks of wheat flour with the flour as may in his opinion contain flour of that quality, before word superfine. re moving them from the place where the same shall have been packed, subject nevertheless to correction and alteration by the officer appointed to inspect the same, if he shall adjudge the flour to be of an inferior quality. XXII. Every miller or bolter may if he think proper brand with the words “ Fine Rye Flour,” such casks of rye flour as flour with the in his opinion may contain flour of that quality before remov- word fine, &c. i n g them from the place where the same shall have been pack¬ ed, subject nevertheless to correction and alteration by the officer appointed to inspect the same, if he shall adjudge the flour to be of an inferior quality. Brands to be XXIII. The branding of the word “ Superfine” or “ Fine” deemed a war- as aforesaid, shall be deemed a warranty by such miller or ranty. bolter that the flour so denominated is of due fineness, and Every miller to have a brand, &c. May brand May brand casks of rye ACTS OF ASSEMBLY. 739 good and merchantable according to the standard of the in¬ spection of flour required by this act. XXIV. The inspectors of flour shall in performing the duties How flour of their respective office, view, and if suspected to be of wrong shall be inspec- dimensions, measure every cask containing the flour or meal ted * submitted to their inspection,* they shall bore the head of each cask, and with a proper instrument, pierce through the flour or meal and examine the same; if it shall appear to be honest¬ ly and well packed, and of sufficient fineness, and in all other respects to be of the proper quality to pass as merchantable flour or meal, according to its denomination, the inspector shall plug up the hole with a plug, stamped with the appropri¬ ate stamp, in the manner hereinafter provided, and the said in¬ spection shall be made in the open air, if the same be deemed expedient. XXV. If the inspectors aforesaid, shall adjudge such flour The brand to or meal to be inferior to the standard of the merchantable be cut out if quality of flour or meal indicated by the denomination “ Su- A* e flour beun- perfine,” 66 Fine” or “Middlings,” or to the standard of the merc antable - merchantable quality of wheat flour, rye flour or kiln dried corn meal, required by this act, they are hereby required to cut out and totally destroy the brand, mark or denomination branded thereon, as aforesaid, and mark on the same such word as will designate the true quality of such flour. X1XVL The inspectors aforesaid, shall, if they approve of Casks of mer- the flour submitted to their examination as merchantable, chantable flour stamp the casks and plugs used by them as aforesaid, with to . be plugged the letters following, according to the place of inspection, to 'Yuo-s 8 * 8 ™* 36 ** wit: At the city and county of Philadelphia, with the letters b ’ S. P., the quality of the flour, Philadelphia, month and the name of the inspector or deputy who inspected the same: at the city of Pittsburgh, or in the counties of Westmoreland, Washington, Allegheny, Fayette, Greene, Indiana, Jefferson, Armstrong, Butler, Beaver, Mercer, Crawford, Erie, Warren, Venango, with the letters W. P.; at the borough of York and in the county of York, with the letters B. Y.; at the city of Lancaster, with the letters C. L.; at the borough of Columbia, in the county of Lancaster, with the letters B. C.; at the bo¬ rough of Harrisburg, in the county of Dauphin, with the let¬ ters B. H.; and at the borough of Pottsville, in the county of Schuylkill, with the letters B. P. XXVII. If any miller or bolter of flour for exportation, as Forfeiture for aforesaid, shall pack flour or meal in a cask of any size or di- packing flour, mensions not hereinbefore specified, he shall forfeit to the pur- & c - ln casks of chaser the cask in which such flour or meal shall have been ^^authoriz packed, or the value thereof in his account, and the person e( j who shall have sold the same for exportation shall forfeit and pay to the inspector of such flour or meal twenty cents for every such cask; and if any miller or bolter of flour shall pack 740 ACTS OF ASSEMBLY. any flour or meal in a cask not hooped and nailed as afore¬ said, he shall forfeit and pay to the purchaser thereof twenty cents for every such cask. Penalty for XXVIII. If any miller or bolter of flour shall pack any fhanthe re S qui- cas ^ e ^her of the dimensions aforesaid, with a less quanti- red quantity in ty of flour than is specified for the same, he shall forfeit for any cask. every pound wanting in weight, ten cents, to be paid to the inspector or to the deputy who may find the same deficient in weight. Mixed flour to XXIX. All flour which shall be offered for sale within this commonwea hh? as an ^ ^ or flour of wheat, or as and for flour wheat flour of r Y e ? an d which upon inspection, as aforesaid, shall be found &c. to be a mixture of such flour with meal of Indian corn, shall be condemned; and the person offering the same for sale, as aforesaid, shall pay to the inspector three dollars for every such cask, one-fourth for the use of the said inspector and three-fourths for the use of the commonwealth, and the flour so condemned shall not be exported under the penalties and forfeitures provided by law against the exportation of flour not merchantable. Penalty for packing flour in casks of un¬ seasoned tim¬ ber. Penalty for la¬ ding flour, &c. liable to be in¬ spected, &c. previous to in¬ spection. Penalty for of¬ fering to trans¬ port flour or meal without beingbranded. Penaltyforim- pressing the words fine or superfine on casks, &c. XXX. Every person offering any flour or meal for sale in casks made of unseasoned materials, shall pay to the inspector of such flour or meal twenty-five cents for branding the same for each and every such cask, and the owner of such flour shall have an action for the damages which may be sustained thereby against the miller or cooper who furnished such casks, and such flour shall not be exported under the penalty of one dollar per barrel. XXXI. No person shall lade or ship for transportation out of this state, any flour or meal liable to be inspected pre¬ viously to exportation, as aforesaid, before he shall offer the same to the view and examination of the inspector of flour of the port or place where the same shall be laden or intended to be laden, or before the same shall be inspected and ap¬ proved according to law, under the penalty of seventy-five cents for every cask, one half to the use of the person who shall give information thereof to the inspector or any of his deputies, and the other half to the use of the said inspector or his deputy. XXXII. If any person shall offer to transport any such flour or meal out of this state without being proved or brand¬ ed in the manner required by this act, the same shall be for- . feited, the same shall be sold by the inspector and the pro¬ ceeds thereof paid into the treasury of the commonwealth. XXXIII. If any person shall impress or brand the word “Superfine” upon any cask of wheat flour, or the word “Fine” upon any cask of rye flour, after the same shall have been taken away from the place where the same shall have been packed, and before it shall have been inspected and allowed ACTS OF ASSEMBLY. 741 as such by the proper officer, such person shall be liable to the like penalties and punishments as are provided for the case of counterfeiting or impressing counterfeit brand marks upon articles liable to inspection. XXXIV. If any person shall fraudulently impress or cause Penalty for to be impressed the brand mark “ Superfine” or the similitude diifg of thereof upon any cask of wheat flour, or the brand mark shipping, &c. “Fine,” or the similitude thereof, upon any cask of rye flour, wheat flour as after the same shall have been inspected as aforesaid, or shall superfine, or fraudulently ship or attempt to ship, or lade or attempt to lade, j^owing^t tcf on board of any vessel, boat or other water craft, for exporta- be inferior,&c. tion any wheat flour, the cask whereof shall bear the mark or brand of 44 Superfine,”or any cask of rye flour, the cask where¬ of shall bear the mark or brand of 44 Fine,” knowing such flour to be of an inferior quality or with design to deceive or to evade the regulation hereby intended, such person shall forfeit and pay two hundred dollars for every such offence, which fine shall be recovered by the attorney general for the use of the commonwealth, and every cask of such flour shall be liable to be seized and forfeited, one half for the use of the commonwealth, and the other half for the use of the per¬ son who shall prosecute the offender to conviction. XXXV. If any person shall fraudulently impress or cause p ena ] ty f or to be impressed the brand mark 46 Kiln dried corn meal,” or fraudulently the similitude thereof, upon any cask of corn meal after the branding or same shall have been inspected as aforesaid, or shall fraudu- shipping un- lently ship or attempt to ship, lade or attempt to lade on board merc hantable ot any vessel, boat or other water cratt, tor exportation, any corn meal, the cask whereof shall bear the mark or brand aforesaid, knowing such meal to be inferior to the standard of the merchantable quality or with design to deceive or evade the regulation hereby intended, such persons shall be liable to the like forfeitures to be recovered in like manner and for the same use. XXXVI. The inspector aforesaid shall at the request of j nS p ector s h a ll the buyer of any casks of flour or corn meal, or upon his sus- on request, or picion of fraud or unfairness, unpack the same for exarnina- suspicion, un- tion; and if he shall find a less quantity of flour or meal in P ack casks of such cask than is hereinbefore directed, or if such cask con- mea * taining flour meal shall be found to weigh more than the tare marked thereon, or the miller or bolter, as the case may be, who put up the same, shall pay the charges of unpacking or repacking over and above the penalties provided in this act for such case; but otherwise the said charges shall be paid by the buyer if the trial be made at his request. XXXVII. If any person shall put a false or a wrong tare Penalty for upon any cask containing flour or meal to the disadvantage of marking false the purchaser, such person shall forfeit for each cask so false- tare > &c * ly tared, the sum of seventy-five cents. 742 ACTS OF ASSEMBLY. Millers to XXXVIII. Every miller and bolter of flour for exportation, cause their shall cause his brand mark as aforesaid to be entered with entered*'wUh c ^ er ^ ^ e court of quarter sessions of the county where the clerk of Q. resides, together with his name and place of residence, un- S. of the co. der penalty of five dollars for every month during which he under penalty, shall have exercised his said employment without having made such entry. Wagons, &c. XXXIX. Every cart, wain and wagon, which shall be ^tT^be^ro’ usec ^ to conve y ^ our 5 corn or mea ^ designed for exportation vided°witha 0 "from the mill where the same shall have been put up to the good covering, place of exportation, or to any other place, shall be provided with a good and sufficient covering. Open boats, XL. Every open boat, flat or shallop, which shall be used i° b l pr T *° convey any flour, corn or meal from the mill as aforesaid, ficientTarpaul- 01 prom an y landing place to the place of exportation, or to i n g. any other place, shall be provided with a covering, or tarpaul- ing, sufficient to secure the same in case of rain. Flour to be put XLI. Every person who shall unload or discharge any flour, in store or un- corn or mea l designed for exportation at any landing place or der a shelter. 0 (her place, shall cause the same forthwith to be put in a store or under a shelter sufficient to keep it dry. Carriers of XLII. If the carrier of any flour, corn or meal designed flour, &c. suf-for exportation, shall cause or suffer the same to be wet or to fering it to be ta j^ e ^n^ge for want of due care, or for want of sufficient le^sly ge subject s ^ le ^ er or covering as before required, such carrier shall for- to a penalty, feit and pay to the owner thereof, twenty-five cents for every cask of flour, com meal, bread and biscuit, over and above the damage actually sustained. Masters of ves- XLIII. The masters of ships or other vessels having laden sels to declare any flour, corn or meal for exportation from this state, shall refs^n their^ ]n ^eir man ^ est expressly and distinctly declare the number manifests, <&c. of the barrels or casks thereof laden respectively, and by Inspectors to whom each parcel thereof shall have been shipped, and the proper inspector shall have free access to such manifests or declarations and liberty to take abstracts therefrom. XLIV. If the master of any vessel having shipped any flour, corn or meal, shall neglect or refuse to make such de- ft** cases' claration > or shall refuse the said inspector access thereto, or the liberty to take an abstract thereof, as aforesaid, he shall forfeit and pay to the said inspector the amount of his fees for inspecting the whole cargo of flour which shall have been shipped as aforesaid. XLV. The inspector of flour for the city and county of the inspection Philadelphia, may demand and receive for each barrel of of flour, &c. hour or meal inspected by him, one cent; for each hogshead of corn meal or rye meal inspected by him, two cents; for weighing and ascertaining the under tare of every hogshead or puncheon, thirty cents; for every barrel, half barrel or keg, six cents. The inspectors of flour for the city of Lan- have free ac¬ cess. Penalty on them for ne- Fees, &c. for ACTS OF ASSEMBLY. 743 caster, for the borough of Columbia, in the county of Lan¬ caster, for the borough of Harrisburg, for the borough of Potts- ville, and for the borough of York, may demand and receive for each cask of dour inspected by them respectively, three cents. The inspector of flour for the city of Pittsburgh, and the counties of Allegheny, Westmoreland, Washington, Fayette, Greene, Indiana, Jefferson, Armstrong, Butler, Bea¬ ver, Mercer, Crawford, Erie, Warren and Venango, or his deputies, may demand and receive for each cask of flour or meal which he or they shall actually examine at any harbor, mill or landing place within the said counties, three cents. XLVI. The inspectors of flour aforesaid, are hereby autho- j ns pect 0 r may rized to demand and receive payment of the fees of inspection demand his from the owner of the flour, meal, his agent or factor, or other fees of the person in possession of the said flour or meal at. the time of^ r ^ r ’ inspection; and the said owner, agent, factor or other person possesion, in possession of the said flour meal shall pay to the said in¬ spector the full amount of the fees due and owing for the said inspection. XLVII. The owner, his agent or factor, or the person so Feesofinspec- paying the fees of inspection, is hereby authorized to demand tl ^ n ^ a ° har S e and receive the said fees from the persons purchasing from distinct^from^ the owner, his agent or factor, or other person in possession the price of the flour meal so inspected; and the said fees of inspection agreed on. so paid shall be a charge on the sale of the said flour meal by the owner, his agents or factors, or other persons in posses¬ sion after its inspection, distinct and separate from the price agreed on for the said flour. XLVXII. The owner or possessor of any meal or flour Same fees de- which shall be adjudged to be unmerchantable or not to be mandable in the condition required by law for sale or exportation, as ^ aforesaid, shall pay for the inspection thereof the same fees yedo^ con*°" as if the same had been adjudged to be merchantable and fit demned. for sale or exportation. II. Beef and Pork. XLIX. Salted beef and pork shall, if designed for ship Salted beef &, stores or exportation from the port of Philadelphia, be liable pork liable to to be inspected by the inspector of salted provisions appoint- inspection at ed for the said port. Philadelphia. L. Provided , That salted beef and pork as aforesaid, p rov j so ex- which shall be imported or brought from any other state or erupting im- country, and which shall bear the brand of the name of such ported beef &, state or country upon the casks containing the same, may be P ork / rom ir> * sold or exported as aforesaid, as the product of the state or s P ecti0n - country from which it shall come, and not as the beef or pork of Pennsylvania, without being liable to inspection as afore¬ said. LI. Salted beef and pork liable to inspection as aforesaid. 744 ACTS OF ASSEMBLY. the casks. Quantity of Beef and pork shall be sound and otherwise merchantable- it shall be well to be secured packed in tierces, barrels, or half barrels, and be sufficiently with salt. secured with salt and pickle. Casks which LII. Every tierce, barrel and half barrel, which shall be shall be used used for the purpose aforesaid, shall be made of sound and hovv^made^ 086 we ^ seasone ^ white oak timber,- it shall be hooped with at least fourteen good and substantial hoops, and secured at each upper bilge hoop by wooden pins or pegs, and at each head or chine hoop with at least three iron nails. Dimensions of LIII. The dimensions of the casks to be used as aforesaid, shall be as follows: Every tierce shall be of the gauge of forty-two gallons, wine measure; every barrel which shall be used for the packing of pork, shall be of the gauge of twenty- nine gallons, wine measure; every barrel which shall be used for the packing of beef, shall be of the gauge of twenty-eight gallons, wine measure: every half barrel which shall be used for the packing of pork or beef, shall be of the gauge of fif¬ teen gallons, wine measure. LIV. The quantity of beef or pork which shall be packed beef or pork in j n every cask used as aforesaid, shall be used as follows: In eac 1 cas . eV ery tierce so used shall be packed the full quantity or weight of three hundred pounds; in every barrel so used, the full quantity or weight of two hundred pounds; in every half barrel so used, the full quantity or weight of one hundred pounds. What pieces of LV. It shall not be lawful for the person packing or put- beef may be ting up any beef for ship stores or exportation as aforesaid, to put or pack in any tierce of beef more than three legs or shins of beef, or in any barrel of beef more than two legs or shins of beef, or in any half barrel of beef more than one leg or shin of beef. What pieces of LVI. It shall not be lawful for the person packing or put- pork may be ting up any pork for ship stores or for exportation as afore¬ said, to put or pack in any tierce of pork more than three heads of pork, or in any barrel of pork more than one head of pork. LVII. It shall also be lawful for any person to put up or mess, prime & pack beef for ship stores or exportation as aforesaid, under cargo beef, the tbe denomination of “ Extra Mess,” 66 Mess,” “ Prime,” or sortmTnTof1^“^ ar ^ 0, ’ beef if the same shall be of the quality and assorted in manner herein specified, to wit: 1. Extra mess beef shall consist of the best pieces of oxen or steers, well fatted and weighing at least six hundred pounds, exclusively of the hide and tallow. 2. Mess beef shall consist of good pieces of large and well fatted cattle, weighing not less than four hun¬ dred pounds, without hocks, shanks or any of the neck. 3. Prime beef shall consist of good pieces of well fatted cattle, without hocks or more than two shanks and one half of a neck to a barrel. 4. Cargo beef shall consist of a proportion put in each cask put in each cask. Extra mess, ACTS OF ASSEMBLY- 745 of good pieces of fatted cattle, without hocks or more than three shanks and one half of one neck to a barrel. LVIIJ. It shall also be lawful for any person to put up or Mess, prime & pack pork for ship stores or exportation, under the denomi- cargo pork, the nation of “ Mess,” “ Prime” or “ Cargo” pork, if the same quality andi as- shali be of the quality and assorted in the manner herein spe- S0rtment it# cified, to wit: 1. Mess pork shall consist of the sides or rib pieces of well fatted hogs exclusively of other pieces. 2. Prime pork shall consist of a proportion of side pieces, neck and tail pieces, and each barrel of such pork may contain twenty-four pounds of head properly dressed and prepared, but not any greater quantity of head. 3. Cargo pork shall be good and merchantable and shall not. contain more than thirty pounds of head prepared as aforesaid, nor more than four shoulders to a barrel. 4. The side pieces aforesaid shall be cut from the back bone to the belly, and each piece shall be about five inches wide and shall weigh not less than four pounds. L1X. The branding of the words “ Extra mess,” or the The branding word “Mess,” “Prime” or “Cargo,” as aforesaid, by the extra mess > owner or persons putting up any beef or pork shall be deem- ty C of thT'^rti" ed a warranty by him that the article so denominated is good c i es and merchantable and assorted according to the requirements of this act. LX. The cooper, packer or other person putting up any The cooper or beef or pork liable to inspection as aforesaid, shall distinctly P acker shall brand upon one of the heads of the cask containing the same > oIT each cask 6 the initial letter of his Christian name and his surname at full length. LXl. The inspector aforesaid shall brand upon every cask Inspector to of beef or pork which he shall find to be merchantable as brand the aforesaid, in a plain legible manner, his name, the month and Philadd- the word “ Philadelphia” at full length. ^ xa ' LXII. If the inspector aforesaid shall find upon the exam- Inspectors ination of any tierce, barrel or half barrel of beef or pork, shall efface the that the same is not merchantable as aforesaid, he shall erase, brand marks effectually deface therefrom the brand marks of the coo P e, j ^erch an table" packer or person putting up the same, and if the same can-beef or pork & not be made merchantable as aforesaid, by salting, pickling, make the mark re-packing and coopering, he shall impress distinctly upon°^ across ^ one of the heads of such cask, the mark of a cross, (thus X,) each stroke of which shall be at least three inches in length. LXIII. If any person shall fraudulently impress or brand p ena ] ty f or the words “Extra mess” or the word “Mess,” “Prune” or fraudulently “Cargo,” upon any cask of beef or pork after the same shall impres’ingcer- have been inspected as aforesaid, or shall fraudulently ship tai . n ? words, & or attempt to ship, lade or attempt to lade on board of any nork^f b an in- vossel for exportation from the port aforesaid, any cask of ferior quality. 1 Iff 746 ACTS OF ASSEMBLY. beef or pork which shall bear the mark or brand of“ Extra mess,” u Mess,” “Prime” or “Cargo,” knowing such beef or pork to be inferior to the quality so denominated, or with design to deceive or evade the regulation hereby intended, such person shall forfeit and pay for the use of the common¬ wealth, two hundred dollars for every such offence, and such beef and pork shall be liable to seizure and forfeiture. Penalty for set- LXIV. If any person shall sell and deliver for ship stores ling for ship or shall export or lade for exportation at or from the port of stores or ex- Philadelphia, any salted beef or pork liable to inspection as Fore^n^ec^ 6 " a f° resa ^> before the same shall have been inspected and ap- tion *c PeC proved according to law, such person shall forfeit and pay for every cask so sold and delivered, exported or laden for ex¬ portation, one dollar and fifty cents. III. Salted Fish. Shad and her- LXV. Shad and herring put up in barrels or half barrels ring liable to shall, if designed for exportation from the port of Philadelphia, inspection at be liable to be inspected by the inspector of salted provisions Philadelphia. a pp 0 j n t ec [ f or the said port. Salted fish lia- LXVJ. Salted fish put up in barrels or half barrels shall, ble to inspec- before sale or exportation, be liable to be inspected at the tion at Pitts- city of Pittsburgh and at the borough of Columbia, in the burgh and Co- coun ty 0 f Lancaster, by the inspectors of salted fish appoint- um ia * ed for the said city or borough respectively. Imported shad LXVII. Provided, That salted shad or herring put up as or herring not aforesaid, which shall have been imported or brought from to be inspect-any other state or country, and which shall bear the brand of e( h the name of such state or country, may be exported from this state with the same name branded thereon, and not as the shad or herring of Pennsylvania, without being liable to inspection as aforesaid. Salted fish to LXVIII. Salted fish liable to inspection as aforesaid, shall be wellpacked be well packed and secured with a proper quantity of dry in casks. salt, in casks, made tight and sufficient to contain salt and pickle, hooped with at least twelve good and substantial hoops, and secured at each upper bilge hoop with three nails or pins, and at each head or chine hoop with at least three nails. n . . - LXIX. Every barrel which shall be used for the purpose ba^elTand 5 ° aforesaid, shall be of the following dimensions, to wit: The half barrels, length of the stave when in the barrel, shall be twenty-seven inches and a half; the diameter at the head of the barrel shall be seventeen inches and a half, and the diameter at the bilge shall be twenty inches; it shall be of the gauge of twenty- eight gallons, wine measure; every half barrel which shall be used for the purpose aforesaid, shall be of the gauge of four¬ teen gallons, wine measure. LXX. Every barrel and half barrel of salted fish, liable to ACTS OF ASSEMBLY. 747 inspection as aforesaid, shall be branded with the initial let- Packer of fish ter of the Christian name, and the surname at full length, of shall brand his the person or persons putting up the same or the person Se ^"cask 6 &c ing the same, under penalty of seventy-five cents for every 7 such cask. LXXI. Every person who shall bring any barrel or half Notice to be barrel of any such fish to the said city of Pittsburgh, or to given at Pitts- the said borough of Columbia, shall, within eight days there-burgh and Co- after, deliver to the proper inspector or his deputy, a written J^bia, of fish report of the number of casks thereof, and the place where 1 Within, the same shall have been deposited, under the penalty of one eight days, &c. dollar for each and every such cask. LXX1I. Every cask containing salted fish, liable to in-Inspection of spection as aforesaid, shall be inspected by opening, and, iffishhowmade. necessary, by unpacking and re-packing the same, so that the inspector may judge of the soundness and true package of the fish, as well as of the contents of the cask. LXXIII. The inspector aforesaid shall brand, in a plain Merchantable and legible manner, with the words 66 Philadelphia,” “ Pitts- fish, how to be burgh” or (( Columbia,” according to the place of inspection, brandedby the and also with the name of the kind of fish inspected, every inspector, cask thereof which upon inspection he shall find to be sound and merchantable, and secured in the manner aforesaid. He shall also brand thereon the initial letter of his Christian name and his surname at full length, and either “ Number one” or “Number two,” according to the quality of the fish; that is to say, fish of the best quality he shall brand or mark number one, and fish of inferior quality number two. LXX1V. If the inspector shall upon examination find any Unmerchanta- barrel or half barrel containing salted fish, not to be of the ble fish how proper description, or if he shall find the fish not to be mer- *° branded chantable as aforesaid, he shall erase and effectually deface e lns P ec " therefrom the brand marks; and if the same cannot be made merchantable as aforesaid, by salting, pickling, re-picking and coopering, it shall be the duty of the inspector to impress distinctly upon such barrel or half barrel a mark of condem¬ nation, in the manner following: 1. If such fish shall be in¬ spected at Philadelphia, the inspector shall impress upon one of the heads of such cask the mark of a cross, (thus, X,) each stroke of which shall be at least two inches and a half in length; 2. If such fish shall be inspected at the city of Pitts¬ burgh, or the borough of Columbia aforesaid, the inspector shall cause the casks to be marked on the bilge with a broad arrow, (thus, j*,) or if required, secure them for future exami¬ nation, which examination the owner or person selling the same, shall procure to be made within four days. LXXV. If any person shall export or lade for exportation from the port of Philadelphia, or shall sell and deliver for ex¬ portation from the said port, any shad or herring before the 748 ACTS OF ASSEMBLY. from Pitts¬ burgh or Co lumbia. Penalty for fraudulently packing, &c. Penalty for ex- same shall have been inspected and approved and branded porting, &c. an d marked according to law, such person shall forfeit and without p a y f or ever y cask thereof so exported or laden or sold and Philadelphia, delivered, one dollar and thirty-three cents. Inspector may LXXVI. Provided , That if any such fish shall be laden inspect, &c. for exportation or shall be sold and delivered, as aforesaid, after payment without being so branded, the inspector may, after the penal- ofthe penalty. f or suc } 1 neglect shall have been paid, brand the same with his own name, and he may demand and receive therefor, from the person so lading or selling and delivering the same, the sum of six cents for every such cask. Penalty for ex- LXXVII. And if any person shall export or lade on board porting, &c. of any boat, raft or other water craft for exportation from the city of Pittsburgh or from the borough of Columbia, afore¬ said, or shall sell or purchase in the said city or borough any salted fish put up in barrels or half barrels, before the same shall have been inspected and approved and branded and marked according to law, such persons shall forfeit and pay for every cask so laden, ten dollars, and for every cask so sold or purchased, five dollars. LXXVIII. If any salted fish, liable to inspection as afore¬ said, shall be found upon the examination thereof by the in¬ spector, to be fraudulently packed, either by the use of im¬ proper or unfit substance, or by the intermixture or use of fish of different qualities, the owner thereof or his agent shall forfeit and pay for each and every such cask the sum of five dollars. Liable to re- LXXIX. Salted fish, liable to inspection, as aforesaid, inspection, af- s hall, if they have remained on hand unsold or not exported ™l 0 d ntllS, during six months after the inspecting and branding thereof, 1 0 s as aforesaid, be again examined by the inspector, and if found to be unsound, shall be subject to the regulations provided for the case of salted fish which have not been inspected. Caskstobefill- LXXX. Every cask of salted fish, liable to inspection, cd by the own- shall be filled up by the owner thereof, or by persons employ¬ er, and packed ed by him for that purpose, and be packed or re-packed by as required by hj rn or q 13m as the cas3 ma y b 3j an( j j n a q respects completed inspector. j n such manner as the inspector shall require or direct, under penalty of one dollar for each and every cask. Feesforthein- LXXXI. The inspector of salted provisions for the port of spection of sal-Philadelphia, and the inspectors of salted fish for the city of ted fish. Pittsburgh, and the borough of Columbia, may demand and receive: 1. For inspecting, examining and branding each barrel and half barrel of salted fish, eight cents. 2. For branding each barrel and half barrel of salted herring with the words, “ For bounty,” and with his own name, two cents. 3. For searching, packing or re-packing, heading and brand¬ ing a barrel of salted fish, thirteen cents. LXXXII. The inspector of salted provisions for the port ACTS OF ASSEMBLY. 749 of Philadelphia, may demand and receive: 1. For inspecting, Fees for the examining and branding each tierce, barrel and half barrel of inspection of salted beef or pork, eight cents. 2. For searching, packing s:bee ^ & or re-packing, heading and branding a tierce of salted beef 1 or pork, twenty cents. 3. For searching, packing or re-pack¬ ing, heading and branding a barrel or half barrel of beef or pork, thirteen cents. LXXXIII. The inspectors aforesaid, may also demand inspectors and receive such other and further allowance and compensa- may receive tion as shall be reasonable and customary to allow for the customary expense and trouble of cooperage, in putting each cask e salted provisions into good and merchantable order and con- or C00 P era S e - dition. LXXXIV. Provided , That the owner of any salted pro- But the owner visions, as aforesaid, or his agent, may employ any person ma 7 employ other than the said inspector to do the cooperage necessary jo^co^era e° to put the same in good merchantable order and condition, P 8 as aforesaid, and in such case the said inspector shall not be entitled to any allowance on account of such cooperage. LXXXV. The inspectors aforesaid, may demand and re- Fees for in- ceive from the owner, possessor or person selling any salted specting un¬ provisions as aforesaid, which shall be adjudged to be un- merchantable merchantable or not, in the condition required by law for sale gg^a^m or exportation, the same fees as if the same had been ad- c hantable. judged to be merchantable and fit for sale or exportation. IV. Butter and Hog's Lard . LXXXVI. Butter and hog’s lard shall, if designed for ex¬ portation from any port or place upon the river Delaware, be liable to be inspected by the inspector of butter and hog’s lard, appointed for the city and county of Philadelphia, or his deputy. LXXXVII. Butter and hog’s lard liable to inspection, as aforesaid, shall be sufficiently salted for exportation, and shall be put up in kegs, half kegs or tubs, made of sound and well seasoned white oak staves or timber, or in canisters: Provided , That butter and hog’s lard from any other state, put up as aforesaid, which shall bear the brand or the name of such state, may be exported from this state with the same name branded thereon, and not as the butter and hog’s lard of Pennsylvania, without being liable to inspection as afore¬ said. LXXXVITI. Every keg which shall be used for the pur¬ pose aforesaid, shall be sixteen inches and a half in length, eleven inches in diameter at the head, and thirteen inches in diameter at the bilge; it shall be tightened with at least ten hoops, and nailed with three nails in each head hoop. Every half keg which shall be used for the purpose aforesaid, shall be eleven inches and a half in length, nine inches in diameter Butter & lard liable to be in¬ spected before leaving the ri¬ ver Delaware. Mny be put in kegs, half kegs, tubs or canis¬ ters. Dimensions of kegs and half kegs prescrib¬ ed. 750 ACTS OF ASSEMBLY. at the head and ten inches in diameter at the bilge, it shall be tightened with at least eight hoops and be nailed with three nails in each head hoop. Each keg, half LXXXIX. Every keg, half keg and tub, containing but- keg and tub to ter or lard, liable to inspection, as aforesaid, shall be weigh- be tared. ed, aiK j q ie tare or w .jght thereof shall be marked before in¬ spection on one of the heads with a marking iron in legible characters. Centre-bit to XC. The instrument which shall be used by the inspector, be used, in in- for the purpose of boring and inspecting packages containing and lard bUtter ^ utter or ^ arc ^ m ever Y case be a centre-bit, not exceeding one half of an inch in diameter. And the inspector shall not make therewith a hole which shall exceed five eighths of an inch in diameter. And he shall carefully return the butter or lard drawn out for inspection into the package from which it shall be taken, and then securely plug up the same with suf¬ ficient oaken plugs. How to be XCI. The inspector aforesaid, shall brand distinctly each branded. package with the initial letter of the name of the article in¬ spected, (to wit, with the letter B. or L.) which letter shall not be less than three-fourths of an inch in length. The marks & XCII. The inspector aforesaid, shall also use the three fol- numbers to be l ow j n g marks and numbers in the inspection of butter afore- natingThe qua- sa ^ > namely: “ No. 1 , Extra,” which shall designate butter lity. of the first and best quality; “No. 1,” which shall designate butter of the second quality; and “ No. 2,” which shall desig¬ nate the third quality of merchantable butter; and no other numbers shall be used by such inspector. Kegs, &c. of XCIII. If the inspector shall find any butter or lard which unmerchanta- \ n hj s opinion is not merchantable, he shall brand the head of lard ^ ° r eac ^ half keg, tub, containing it, with a distinct mark of marked with a a cross, (thus, X,) and each stroke of the said cross shall beat cross. least two inches long. Every 5th can- XCIV. If the butter or lard inspected, be contained in ister only need canisters, it shall be sufficient if the inspector examine as be examined, aforesaid ? 0 ne canister in every five, marking the package in the manner aforesaid containing such canisters. When to be XCV. All butter and hog’s lard which shall be laden for forfeited for exportation as aforesaid, if not contained in kegs, half kegs, use of the guar-tubs or canisters as aforesaid, shall be seized by the said in- ^or I* 6 s P ector an d forfeited to the guardians for the relief and em- poor, c. ployment of the poor, for the city of Philadelphia, the district of Southwark and the townships of the Northern Liberties and Penn, for the use of the poor in the Alms House and House of Employment, in or near the said city, together with the articles in which the same shall have been packed; and it shall be the duty of the said inspector forthwith after sei¬ zure as aforesaid, to cause the same to be delivered accord¬ ingly : Provided , That the porterage and other incidental ACTS OF ASSEMBLY. 751 expenses, shall be paid by the said guardians on the delivery thereof. XCVI. And if any person shall export as aforesaid any Penalty forex- butter or hog’s lard not contained in kegs, half kegs, tubs or porting butter, canisters as aforesaid, such person shall forfeit a sum which n< ?t con ~ shall be equal to the value of the butter or lard so exported, ^ c ned m ke§s ' and of the article or thing in which the same may be contain¬ ed, one half for the use of the informer and the other half for the use of the commonwealth. XCVI1. If any person shall export or shall lade or ship for Penalty for ex¬ exportation as aforesaid, any butter or hog’s lard not inspect- porting butter ed as aforesaid, and marked as merchantable, such person ^^ t rd ^ n a ° n t ( j m ’ shall forfeit and pay for every keg, half keg and tub so laden, mark’d asmer- two dollars, one half for the use of the informer and the other chantable. half for the use of the commonwealth. XCVI1I. The inspector of butter and hog’s lard may de-Fees of the in* mand and receive for inspecting, examining, branding and s P ect ° r - plugging each keg, half keg and tub of butter or lard, four cents, and the like sum for every five canisters of butter or lard which he shall inspect. XCIX. The inspector aforesaid may also demand and re- Inspector may ‘ceive such other and further allowance and compensation as receiv ? com - shall be reasonable and customary to allow for the expense P ensation f° r and trouble of cooperage, and putting each keg, half keg and C00 P era & e ’ tub of butter and lard in good and merchantable order and condition. C. Provided , That the owner of such butter or lard, or Owner may his agent may employ any person other than the said inspec- employ any tor to perform the cooperage necessary to put the same in P erson to do good and merchantable order and condition as aforesaid. coopeiage. CI. The expense of the inspection of butter or hog’s lard w hom ex- shall be paid by the purchaser thereof, and the expense of pense of in-- the cooperage, if any be necessary, shall be paid by the sel- spection shall ler. be paid. V. Pot and Pearl Ashes. CII. Pot and pearl ashes shall, if designed for exportation Pot and pearl from the port of Philadelphia, be liable to inspection by the ashes liable to inspector of pot and pearl ashes appointed for the said port. ins P ect ion. CIII. Provided , That pot or pearl ashes which shall have If imported ex- been imported or brought from any other state or country, empted from and which shall bear the brand of the name of such state 0 r inspection * country, may be exported from this state, with such name branded thereon as the product and manufacture of the state from which it shall come, and not as the product or manu¬ facture of Pennsylvania without being liable to inspection as aforesaid. CIV. Pot and pearl ashes liable to inspection as aforesaid, shall be put up and secured in sound, tight and full bound 752 ACTS OF ASSEMBLY. To be put up in tight and full bound casks. How inspect¬ ed and assort¬ ed. Inspector to weigh casks, tare and mark thereon the gross weight. How the casks shall be brand¬ ed by the in¬ spector. Adulterated ashes to be marked “ con¬ demned.” casks made of white oak staves and heading or of such other sound timber as the inspector shall judge proper; and every cask which shall be used for the purpose aforesaid, shall be twenty-nine inches in length and nineteen inches in diameter at the heads. CV. The inspector aforesaid shall for the purpose of in¬ spection, start the ashes submitted to him out of the casks and carefully examine and try the same. He shall assort them into three different sorts or kinds as hereinafter provided, if necessary, and put each sort or kind by itself, in casks made in the manner hereinafter directed. CVI. The inspector aforesaid shall after starting the ashes for inspection, weigh each cask containing the same; he shall also weigh each cask thereof, after the same shall have been re-packed; he shall mark thereon with a marking iron, the gross weight of such casks, and also thereunder the tare. CVII. The inspector aforesaid shall brand in plain legible letters the head of each cask of ashes inspected and approv¬ ed by him in the following manner: 1. With the words “Pot ashes” or “Pearl ashes,” according to the contents. 2. With the words “ First sort,” “ Second sort” or “ Third sort,” according to the quality of the ashes aforesaid. 3. With the letters of his name and with the words “Port of Phi¬ ladelphia,” and in figures the year in which the inspection shall be made. CVIII. If the inspector aforesaid shall discover any adulte¬ ration of the ashes submitted to his inspection, either by the admixture of stone, lime, or any other improper substance, he shall distinctly brand the cask containing such adulterated ashes with the word “ Condemned.” Inspector to CIX. The inspector aforesaid shall after the inspection deliver the and approval of any ashes aforesaid, deliver to the owner or owner a weigh p 0gSQSS0r thereof an invoice or weight note under his hand, in which he shall put down the weight of each cask and shall distinguish the contents thereof in the manner hereinbefore directed, and not in any other way or by any other denomina¬ tion. Cooperage to CX. If any cask containing ashes as aforesaid, shall in the be done to in- judgment of the inspector be insufficient or unfit for exporta- sufficient casks t j on? S u C h cooperage shall be done or such new casks shall be tl^seller 56 0t made as may in the opinion of the inspector be necessary, at the expense of the seller. Penalty for ex- CXI. If any person shall export or lade for exportation porting ashes from the port of Philadelphia, any pot or pearl ashes liable to not inspected inspection as aforesaid, before the same shall have been in- an approved. g p ecte( j an d approved according to law, such person shall for¬ feit such pot or pearl ashes and every cask thereof so laden or exported or the value thereof. CXIL If any person shall sell, offer or expose for sale any ACTS or ASSEMBLY. 753 ashes condemned as aforesaid, for any other than condemned Penalty for ashes he shall forfeit the sum of twenty-five dollars for every selling con- cask thereof so sold or exposed for sale. demned ashes. CXIII. The master or commander of any vessel who shall Penalty on receive any cask of pot or pearl ashes liable to inspection as masters of ves- aforesaid, and not branded as approved in the manner afore- j® s ^ re said, shall forfeit and pay the sum of twelve dollars and fifty not branded as cents for every such cask. approved. CXIV. Every person who shall intermix with any pot or Penalty on a- pearl ashes any stone, lime, salt or other improper substance dulterating with intent to defraud, shall forfeit and pay the sum of twen- ashes . after * n " ty dollars for every cask which shall be found to contain ashes approval ^ so adulterated. CXV. The inspector of pot and pearl ashes may demand Fees for in- and receive for starting, trying, assorting, inspecting, re pack- spectingashes, ing, marking and branding each cask of pot or pearl ashes and for all other the services hereinbefore required of him, at the rate of ten cents for every hundred weight of such ashes, one half of which shall be paid by the seller and the other half by the purchaser thereof. CXVI. If the ashes submitted to inspection as aforesaid Fees to be paid shall be condemned, the person owning or submitting the oncondemned same for inspection shall pay to the inspector the like fees as aslies * though such ashes had been merchantable. VI. Tobacco . CXVIL All tobacco designed for exportation from the Tobacco Im¬ port of Philadelphia, shall be liable to be inspected by the in- ble to inspec- spector of tobacco appointed for the said port. tion. CXVIII. Provided , That tobacco imported or brought Tobacco ira- from any other state or country which shall bear the brand or ported exemp- mark of the name of such state or country upon the cask or te( * fr°m in¬ package containing the same, may be exported as the product branded' ^ of the state or country from which it came and not as the product of Pennsylvania, without being liable to inspection as aforesaid. CXIX. The inspector of tobacco shall provide and keep Inspector of sufficient store houses at any place between Prune and Green tobacco to pro¬ street, conveniently situated for shipping tobacco, and also e store hou " presses, brands, scratches and all other apparatus necessary £^P resses ' for the inspection of such tobacco as may be liable to inspec¬ tion as aforesaid. CXX. It shall be the duty of the inspector aforesaid to Inspector to strip, sample and press all tobacco submitted to his inspec- stri P> sample, tion; he shall make in every hogshead inspected three breaks, tobacco^&c 6 and from each break two hands shall be drawn, tied up and ° aCC0 ’ c * sealed, which shall compose the sample of the same; he shall also give a certificate for each and every hogshead, marked and numbered as per sample. 110 754 ACTS OF ASSEMBLE. Penalty for ex¬ porting, &c. without in¬ spection. Fees for in¬ specting, and compensation for storage. CXXI. If any person shall export or lade for exportation from the port aforesaid, any tobacco liable to inspection as aforesaid, before the same shall have been inspected and ap¬ proved according to law, such person shall forfeit and pay for every hogshead so exported or laden, fifty dollars, one half for the use of the inspector, the other half for the use of the commonwealth. CXXII. The inspector of tobacco may demand and re¬ ceive upon each hogshead of tobacco for stripping, sampling, pressing, coopering and branding, one dollar, which fee shall be paid by the planter, merchant or importer, at the time he shall receive the sample. He may demand and receive the further sum of one dollar upon each hogshead which he shall deliver any time within one year, to any person who shall produce to him the certificate given as aforesaid, for the pur¬ pose of receiving the same. He may also demand and re¬ ceive upon each hogshead which shall remain stored for any period greater than a year after the same shall have been in¬ spected by him, at the rate of twenty-five cents for every month he shall have stored the same. spection at Philadelphia, Lancaster, Columbia, Washington, Wrightsville and Norris¬ town. VII. Domestic Distilled Spirits . Domestic dis- CXXIII. Spirituous liquors distilled within this common- tilled spirits de- wealth, shall if designed for exportation from the port of Phi- signed^ for ex- ladelphia, except when shipped coastwise by the distiller or Philadelphia 111 a g ent ? shall be liable to inspection by an inspector of do- liable to in- 7 mestic distilled spirits, appointed for the city and county of Philadelphia. Domestic distilled spirits may also be inspec¬ ted at each of the following named places, to wit: At the city of Lancaster, by the inspector of domestic distilled spir¬ its appointed for said city; at the borough of Columbia, in the county of Lancaster, by the inspector of domestic distill¬ ed spirits appointed for the said borough; at the borough of Washington, in the county of Lancaster, by the inspector of domestic distilled spirits residing in the said borough, and appointed for the said borough and the township of Manor; at the town of Wrightsville, in the county of York, by the inspector of domestic distilled spirits appointed for the said town; at the borough of Norristown, in the county of Mont¬ gomery, by the inspector of domestic distilled spirits appoint¬ ed for said borough. Every inspec- CXXIV. Every inspector of domestic distilled spirits, tor is a gauger, shall also, by virtue of his said office, be a gauger, and shall madf and U fn’ P er ^* orm duty gauging cas ks containing such spirits, spect, &c. submitted to his inspection, and shall mark thereon the quan¬ tity of spirits therein contained in the manner hereinafter pro¬ vided. Spirits, how to CXXV. Spirituous liquors, liable to inspection as afore- be put up. said, shall be put up in barrels, double barrels or hogsheads. ACTS OF ASSEMBLY. 755 CXXVL Every cask which shall be used for the purpose Casks used for aforesaid, shall be tight and made of sound, well seasoned the purpose, white oak staves, free of sap; and every barrel so used, shall J^° a ^ e to be be secured with twelve good hoops, and every double barrel and every hogshead so used, shall be secured with sixteen good hoops. CXXVI1. Every inspector of domestic distilled spirits as Inspectors aforesaid, shall have or procure and keep constantly in good shall procure a order, a correct set of gauging instruments, made in accord- J ca ] e ’ cal 'P ers > ance with the standard measure of the wine gallon of this ’ commonwealth, namely, a scale, calipers and a rod; he shall also procure and keep as aforesaid, a hydrometer of the kind commonly called “ Dicas’ Liverpool patent hydrometer.” CXXVIII. The standard of proofs of domestic distilled The standard spirits shall be as follows, to wit: If the liquor shall be hy- of proof estab- drometer proof or one hundred spirits, and one hundred parts Wished, water, it shall be marked as liquor of the fourth proof; if the liquor shall be five degrees below hydrometer proof, it shall be marked as liquor of the third proof; if the liquor shall be ten degrees below hydrometer proof, it shall be marked as li¬ quor of the second proof; if the liquor shall be fifteen degrees below hydrometer proof, it shall be marked as liquor of the first proof. CXXIX. The inspector or deputy aforesaid, having ascer- The proofs, tained the quantity, strength and quality of any spirituous li-how marked, quors as aforesaid, and also the ullage, shall grave or scrape with a scraping iron on one of the heads of each cask inspec¬ ted by them containing whiskey, the exact proof and degrees thereof, and the quantity of gallons or full contents of such cask, and the deficit or number of gallons out at a time of such inspection, if any; and it shall be the duty of such in¬ spector or deputy, at the request of the person or agent ap¬ plying to have whiskey inspected, to make out and subscribe a certificate exhibiting in separate columns the number of casks, and the kinds; the number of gallons or full contents, the deficit of gallons or outs, if any, and the proofs and de¬ grees thereof, and deliver the same to the applicant, and the said inspector shall receive for inspecting, gauging, marking, replacing the bung and such certificate, a fee of ten cents per cask only. CXXX. The owner or seller of the cask made as afore- p r i ce fixed, said, shall be entitled to demand and receive from the pur- which the pur¬ chaser, one dollar and twenty-five cents for each barrel, and chaser may de- one dollar and seventy-five cents for each double barrel, and ^£1? two dollars and twenty-five cents for each hogshead. CXXXI. If any person shall export or lade for exporta- Penalty for ex- tion from the port of Philadelphia, any distilled spirituous porting from liquors, liable to inspection as aforesaid, before the same yhilad. before shall have been inspected and marked according to law, such ,ns P ect,on * 756 ACTS OF ASSEMBLY. person shall forfeit and pay ten dollars for every barrel, and twenty dollars for every double barrel and hogshead, or other cask or vessel containing such liquor so exported or laden, to be recovered by the inspector aforesaid, for the city and county of Philadelphia, for the use of the poor of the said city and county. Provided , That it shall and may be lawful for any distiller of whiskey, or his agent, intending to ship whis¬ key, the produce of his own stills, coastwise, to ship the same without inspection, upon, with or at the office of one of the principal inspectors, an invoice or list, exhibiting the number and kinds of casks intended to be shipped, with an affidavit annexed by himself or agent, that such whiskey was made by him, and is intended for a market in one of the sister states, together with a notice of the name of the vessel on which the same is intended to be shipped, and the place where it is in¬ tended to be taken on board, at least three hours before it shall be put on board. Liquors to be CXXX1I. All liquors sold by inspection at the port of inspected.&c. Philadelphia, shall be inspected and gauged by the inspector y inspectors. d 0] fo est j c distilled spirits appointed as aforesaid. Penalty for CXXXIII. If upon the subsequent inspection of any li- holding li- quors, which have been inspected and marked as aforesaid, such liquors shall be found to be under the proof originally marked, the holder thereof shall be liable to a penalty to be estimated as follows, to wit: For every gallon two degrees under the proof so marked, two cents; for every gallon three degrees under the proof so marked, six cents, and so on in that ratio. CXXXIV. It shall be the duty of the inspector of do- shall au e mes ^ c distilled spirits appointed for the city and county of casks^confain- Philadelphia, upon the request of the seller or buyer of any ing cider. cider contained in hogsheads or other casks containing more than thirty-two gallons, to gauge and mark the contents of such cask thereon, in the manner hereinbefore provided. Penalty on in- CXXXV. Every inspector who shall gauge and mark er- spectors for roneously any cask of spirits or cider liable to his inspection, gauging and as aforesaid, shall forfeit and pay to the person who may be marking erro- j n j ure( j thereby, twice the value of the excess or deficiency of the quantity marked of the quantity actually contained in such cask. If any inspec- CXXXVI. If any inspector of domestic distilled spirits tor officially shall make use of a false hydrometer or gauging instruments, misbehave, his knowing them to be such, or shall in any way misbehave or i* 0 suit° PUt a ^ use P owers granted to him, the governor shall, upon re¬ ceiving information thereof, cause the official bond of such inspector to be put in suit. Feesof inspec- CXXXVII. The fees of inspection at Philadelphia, afore- tors, by whom said, shall be paid by the purchaser in case the spirits shall to be paid. come up to proof, otherwise the same shall be paid by the per¬ son offering the same for sale. quors under the proof marked. Inspector in Philadelphia ACTS OF ASSEMBLY. 757 CXXXVIH. Whenever any cask of any such distilled Fees, by whom spirits shall be re-inspected, the seller or person offering to to paid, in sell the same, shall pay the fees of re-inspection, if the proof spection/ 6 shall be under the proof marked on such cask, and the buyer shall pay the fees of such re-inspection if the proof shall not be under the proof marked as aforesaid. CXXXIX. It shall be unlawful for any inspector or de- Penalty on in- puty, during the continuance of his or their office, to do any s ^ ct0 f 0 ° r private gauging, and every inspector or deputy who shall up- J^te’ gauging, on the application of any dealer in spirituous liquors, re-gauge or re-gauging! any cask containing whiskey or other spirituous liquors and &c. allow or make the said cask to contain more gallons, or a greater quantity than when gauged for the maker or agent for the maker of whiskey, or who shall in any way be found colluding with the dealer to defraud the distiller, or who shall so engage in any private gauging, shall upon conviction of such offence forfeit and pay to the use of the commonwealth, the sum of fifty dollars, and be forever disabled to act as an inspector or gauger of liquor. CXL. No inspector or deputy inspector of domestic dis- Penalty on in- tilled spirits shall be concerned in purchasing or selling do- s P act ° r ° r de¬ mesne distilled spirits, except for his own private use, nor W ay° g shall any inspector or deputy be in any way concerned in bu- concerned in siness or trade with any distiller or manufacturer or any other business with person in the purchase or sale of domestic spirits, under a pe-^y distiller, nalty of five hundred dollars and a forfeiture of their office. c ’ VIII. Black Oak Bark . CXLI. Ground black oak bark shall, if designed for ex- Black oak portation from the port of Philadelphia, be liable to be in- J^^cUon t0 spected by the inspector of bark appointed for the said port. p CXLII. All bark liable to inspection, as aforesaid, shall How it must be shaved clean from the ross or outside bark; it shall be be P re P are d- ground sufficiently fine for use and be free from damage by wet mould or otherwise. CXLIII. All bark designed for exportation, as aforesaid, How it must shall be well packed in good and sufficient casks, having at be packed, least twelve hoops thereon, with lining hoops on each end well secured. CXLIV. Every manufacturer of bark for exportation, as Manufacturer aforesaid, shall brand upon the head of each cask his name to brand his distinctly and at length, under the penalty of one dollar for nai " e on tilc each cask which shall not be so branded. CXLV. Bark liable to inspection, as aforesaid, shall for To be deposit- the purpose of inspection be deposited, at the expense of the ed at such con- owner thereof, at such convenient place within the city or li- ^ th^ins'eeb berties of Philadelphia, and if the quantity to be inspected is or shall direct, less than ten casks, at such place as the inspector aforesaid shall direct. 758 ACTS OF ASSEMBLY. Inspector to CXLVJ. It shall be the duty of the inspector aforesaid, give the per- give the person depositing such bark as aforesaid, or to the iTa re^eiof owner thereof a receipt acknowledging the delivery thereof ‘ * to him for the purpose of inspection, and he shall not deliver such bark to any person until it shall have been inspected and approved of or condemned. How to be as- CXLVIL Merchantable bark as aforesaid shall be divided qaafitie^and ,nto ^ ree sorts or qualities, according to its value, to be de- denominated. nominated “ First quality,” “ Second quality” or “ Third quality,” and each quality as aforesaid, shall be divided again into two sorts or kinds, according to its value, to be denomi¬ nated “ No. 1” or “ No. 2:” that is to say, merchantable bark of the best quality and manufactured in the best manner shall be rated or denominated “ First quality No. 1,” and merchantable bark inferior in quality or manufacture to the first quality No. 1, as aforesaid, shall be rated or denomina¬ ted “First quality No. 2;” “Second quality No. 1,” “ Se¬ cond quality No. 2;” “ Third quality No. 1,” or “ Third qua¬ lity No. 2,” as its quality or manufacture may merit. How it shall CXLVIII. The inspector of bark shall, in performing the be inspected, duties of his office, start and unpack if necessary bark sub¬ mitted to him for inspection, and carefully examine the qua¬ lity and manufacture thereof, and thereupon he shall properly repack the same and brand the casks in the manner herein¬ after directed. How it shall CXLIX. The inspector aforesaid shall brand each cask of be branded, if bark inspected by him, which he shall find to be merchanta- merchantable. ble, j n the manner following: 1. With the words “ First qua¬ lity,” “ Second quality” or “ Third quality,” and with “ No. 1” or “No. 2,” according to its quality as aforesaid. 2. With his own name and also with the word “ Philadelphia.” When it shall CL'. If the inspector shall find in any cask of bark submit- becondemned ted to his inspection as aforesaid, any mixture of different and how bran- barks or of tan or other extraneous substances, or if the same ded in such shall no t be shaved clean from ross, and be free from damage by wet, mould or otherwise as aforesaid, he shall condemn the same and mark distinctly on each head, with a marking iron, the letter C. Inspector to CLI. The inspector shall weigh each cask and furnish the we^ghthebark ° wiier w j t b an invoice specifying the gross weight and the owner*an ii:f- tare eac ^ cas ^? which invoice shall be signed by him, and voice. for every hundred weight gross there shall be an allowance of one pound for draft. Penalty forex- CLII. If any person shall export or lade for exportation porting, &c. f rom t be port of Philadelphia, any ground black oak bark be- tion * e inspec fore the same shall have been inspected and approved as mer¬ chantable, by the officer appointed for that purpose, such per¬ son shall forfeit and pay twenty dollars for every cask so ex¬ ported or laden, one half to the use of the person who shall ACTS OF ASSEMBLY. 759 prosecute therefor, and the other half for the use of the com¬ monwealth. CLIII. If any person shall return on any cask a lighter tare Penalty for re- than its actual weight, such person shall forfeit and pay the turning too sum of twenty dollars for every such cask, one half for the hghtatare. use of the person who shall prosecute therefor, and the other half for the use of the commonwealth. CLIV. Nothing in this act shall be construed to prevent Proviso, ex- any person from exporting any oak bark unground, nor from empting un¬ selling bark which may have been condemned for home con- ^^"frorn in¬ sumption; nor shall any thing in this act be construed to ex- S p e ction. tend to liquid extracts of bark or to any preparation of bark for which a patent has been obtained, or for which a patent may hereafter be obtained from the United States. CLV. The inspector of ground black oak bark may de- Fees for in- mand and receive for inspecting every ton weight of bark, one spection, and dollar; one half of which sum shall be paid by the buyer, and the other half by the seller; for the storage of every hogshead ® of bark, five cents per week, and a proportionate sum for tierces and barrels. CLVI. All boards, plank, timber and shingles shall, if de- Boards, plank, signed for exportation from the port of Philadelphia, be lia-. &c * to ble to be inspected at the city and county of Philadelphia, by the inspector appointed for that purpose. CLYII. All boards, plank and timber designed for expor- When for ex- tation, as aforesarid, shall be good, sound, and of such thick- portationtobe ness and quality as they are declared to be by the seller, and soun * c ’ all such board and plank shall also be square edged. CLVIII. If any person shall ship off from the port afore¬ said any boards, plank or timber which have not been in¬ spected, measured, culled or counted by the officer appoint¬ ed for that purpose, and approved by him as merchantable, such person shall forfeit and pay the sum of one dollar fifty cents for every thousand feet of boards, plank or timber so shipped or exported, and so in proportion for any greater or less quantity. CLIX. The inspector and measurer of lumber may de- Feeg ^ or in _ mand and receive for inspecting and examining boards and spection of plank according to the superficial measure, twenty-five cents boards, plank, for every thousand feet. For inspecting other timberreduc- &c - b y whom ed to cubical feet, ten cents for every ton consisting of forty t0 be P aid ‘ cubical feet; one half to be paid by the buyer and the other half by the seller. CLX. It shall be the duty of the board of county commis- Commission- sioners of the counties of Cumberland, Dauphin, Lancaster ^^DaiThin" and York, as soon as may be after the passage of this act, to Lancastei^and appoint and commission a sufficient number of competent York to ap- persons in their counties to be inspectors of lumber at the dif- point inspec- ferent landings on the Susquehanna and in the borough of tors > 760 ACTS OF ASSEMBLY. York* who shall continue in office until the month of March, one thousand eight hundred and thirty-six, or until others are appointed, and the respective boards of commissioners of said counties, shall in the month of March in every year appoint and commission a sufficient number of lumber inspectors as aforesaid, who shall continue to act for one year or until others are appointed, and the said inspectors shall before they enter upon the duties of their appointment, take and sub¬ scribe an oath or affirmation before some judge or justice of the peace of the proper county, faithfully to perform the du¬ ties of inspector of lumber according to law and to the best of his knowledge, a certificate of such oath he shall file in the commissioner’s office of the proper county; and it shall be the duty of all inspectors so appointed, to inspect, (and if not correctly done, measure and mark the quantity of feet,) and count all lumber sold at the respective places or elsewhere, that they shall be required to by the buyer and seller: Provi¬ ded, That no person who shall have been appointed an in¬ spector of lumber, shall directly or indirectly be engaged in buying or selling of lumber, under the penalty of twenty dol¬ lars, to be recovered as debts of like amount are recoverable, for the use of the directors of the poor of the proper county. Boards and CLXI. All boards and planks shall be reduced to and plank, reduc- counted as inch measure, of which there shall be but three t^asfnch ^ ( l ua ^^ es J v ^ z: Panel, common and cullings, that is to say, all measure of b° ar ds and plank that shall not have more than three small three qualities, sound knots not more than half an inch in diameter, without sap or shake or any other defect, or being free from knots, and not having on an average more run of sap than half the thickness of the board or plank, shall be deemed and counted as panel; and all boards and plank that shall not contain more than three sound knots, nor more than one inch in dia¬ meter, and not more run of sap than half the thickness of the board or plank, shall be deemed and counted as common; a split in the end of a board or plank nearly straight, and not over two feet in length, shall not condemn it to an inferior quality; the split shall not vary more than half an inch to a foot from a straight line: Provided , It has no other defect; that all boards or planks that are rotten, worm-eaten, wind- shaken or otherwise defective, may be docked according to what the inspector upon his oath, shall deem them injured for the mechanic’s use. All grub, plank and binders, shall be counted at half the quantity actually contained therein. All joist, rafters and scantling, shall be inspected as afore¬ said, of which there shall be but two qualities, viz: Common and cullings: Provided , That such lumber, boards or plank as are in part rotten, damaged or broken, may be condemn¬ ed as refuse cullings; that each inspector shall be entitled to twelve and a half cents for inspecting, counting and marking ACTS OF ASSEMBLY. 761 each thousand feet of lumber, and in the same proportion for any less quantity, one half to be paid by the vendor, the other by the vendee. And it shall further be the duty of the in¬ spector to furnish a correct list or bill of lumber, with the qua¬ lities and quantity by him inspected, to either or both parties, which certificate shall be furnished without charge. All lumber required to be inspected by either the seller or purcha¬ ser, shall be inspected by one of the regular commissioned inspectors: Provided further , That the inspectors of lum¬ ber, within the counties of Cumberland, Dauphin, Lancaster and York, shall not be required to give bond and surety, or make return to the auditor general, as is required by the general provisions of this act, nor shall they appoint depu¬ ties. X. Flaxseed. CLXII. All flaxseed designed for exportation from the port Flaxseed to of Philadelphia, shall be well cleansed and prepared and put he well clean¬ up in casks made of sound oak staves. sed > &c * CLXIII. Every cask which shall be used for the purpose ^ e cas k s aforesaid, shall be made as nearly straight as possible; it shall to be used for be tightened and secured by at least twelve good and substan- packing, how tial hoops, besides a lining hoop on the outside around each to be ma( * e - chine; and each chine hoop, and each of the quarter hoops shall be fastened with at least three iron nails. CLXIV. The casks aforesaid, may be made of two sizes, The sizes of to wit: Casks of the larger size shall be two feet nine inches^ e ^ asks spe ~ in length, and twenty-four inches in diameter at the head, and in every such cask shall be packed seven bushels of flaxseed; the smaller casks shall be made of such size, that they may contain three bushels and a half of flaxseed. CLXV. Every cask containing flaxseed, and designed for Each cask exportation as aforesaid, shall be branded with the initial let- to . he branded ter of the Christian name, and with the sirname at full length ^the^earer 6 of the person who cleansed and prepared the flaxseed therein contained. CLXVI. Every person who shall export or shall lade with Penalty for intent to export, any cask containing flaxseed, which shall not ^asks of^if be made of the materials and in the form and of the dimen- f erent f orm ^ sions hereinbefore required, or which shall not contain the contain’g less quantity and quality of flaxseed hereinbefore directed, shall quantity, &c. forfeit and pay two dollars and sixty-seven cents for every cask so exported or laden; one half for the use of the infor¬ mer, and the other half for the use of the Commonwealth. CLXVII. Every person who shall lade for exportation as Penalty for aforesaid, any cask containing flaxseed, which shall not have export’g casks been first duly branded as aforesaid, shall forfeit and pay the duly bran- further sum of sixty-seven cents for every such cask; one 762 ACTS OF ASSEMBLY, half for the use of the informer, and the other half for the use of the Commonwealth. XI. General Provisions. Inspectors to CLXVIII. The several inspectors hereinbefore mentioned, be appointed s b a ll be appointed by the Governor, from time to time as oc- jjqj. 6 over "casion may require, except the inspectors of lumber in the counties of Cumberland, Dauphin, Lancaster and York; and every inspector so appointed, shall reside at the place at which he shall be required to exercise the duties of his office, Two inspec- CLXIX. Provided , That the Governor shall appoint two tors of domes- persons to be inspectors of domestic distilled spirits for the tic distill’d spi- c ity and county of Philadelphia, who shall severally have all rit ? to d be a P"and singular the powers and authorities and be subject to all Philadelphia. an d singular the duties and liabilities of such office. CLXX. The several inspectors hereinbefore mentioned, mav SP appoint are em P° were( l, and if necessary to the convenient despatch deputies; their of their respective duties, are hereby required to appoint a powers. sufficient number of deputies, for whom they shall respec tively be accountable, which deputies are hereby empowered to perform the duties of inspection, as fully as their respec¬ tive principals might or could do, and they are hereby made liable to the like penalties. Inspectors CLXXI. Provided , That the inspectors of domestic dis- for Philad’a to tilled spirits for the city and county of Philadelphia, shall appoint depu- jointly and not severally, appoint one or more deputies as ties jointly: aforesaid. And the principal inspector of flour for the city a f-r P to Ct ap S an< ^ count y °f Philadelphia, shall on or before the first day of point deputies; March next, appoint three persons for his deputies, who are division of in- judges of wheat and rye flour, com meal and bread stuffs, spected dis- an d w ho shall be removable at his pleasure, whose duty it tricts, &c. s h a ii be, with the said inspector, to inspect all the flour, com meal and bread stuffs in said city and county, under the regu¬ lations mentioned in this act. And the city and county of Philadelphia, is hereby divided into three inspection districts, as follows: First district south of High street and east of Thirteenth street, in said city; second, north of High street and east of Thirteenth street; third, west of Thirteenth street, including the Schuylkill front, from South street to the north side of Vine street and the rail-road, from South street to Callowhill street and High street, from the Delaware Eighth street, to Schuylkill river in said city and county; and the principal inspector in person and his deputies, shall inspect all the flour in said districts daily, and alternately in each district, at warehouses and stores in said three districts. And the said principal inspector and his three deputies shall every three months appoint three viewers, viz: One miller and baker and one merchant; and said viewers shall with said inspector and his three deputies regulate the standard of ACTS OF ASSEMBLY. 763 flour in said city and county, by samples of flour chosen by them; and said samples shall be preserved, in order to decide disputes in case any person may conceive himself aggrieved by said inspector or his deputies. CLXXII. Every person appointed as aforesaid, to the Oaths of the office of inspector, and also ever deputy of such person, shall inspectors, before he enter upon the duties of his office, take and sub- to be scribe an oath or affirmation before some person having au¬ thority to administer oaths, to support the constitution of the United States and the constitution of this Commonwealth, and to perform the duties of his said office with fidelity, which oath or affirmation he shall cause to be filed among the records of the court of Quarter Sessions in the respective county. CLXXIII. Every person who shall be appointed to the Bonds of in¬ office of inspector or deputy, as aforesaid, shall also before spectors, how entering on the duties of his office, execute bond to the eonditio t ns Cen, Commonwealth in such sum and with such surety as shall be thereof, approved by the court of Quarter Sessions of the respective county or by two of the judges thereof, with condition for the faithful performance of the duties imposed on him by law, which bond shall be for the use of all persons who may be aggrieved by the acts or neglect of such inspector. CLXXIV. Every person appointed an inspector, as afore- Bonds to be said, shall cause the bond hereinbefore prescribed, being duly an^recor^d acknowledged by him and his sureties, to be recorded by the j n t h e proper recorder of deeds of the respective county, and as soon af- county, &c. terwards as convenient, to be transmitted to the Secretary of the Commonwealth. CLXXV. Copies of the record of the official bond of any Copies of inspector, acknowledged and recorded, as aforesaid, and duly bonds, certi- certified by the recorder of deeds for the time being, shall be made good evidence in any action brought against sucji inspector evi ence * or his sureties on such bond according to its form and effect, in the same manner as the original would be if produced and offered in evidence. CLXXVI. Every inspector shall at his own costs and Inspectors charges procure such brands, instruments and apparatus, as re( l uire d to may be necessary or may be by law required for the due ex- brands e instru- ecution of the duties of his office. ments/ forge, or Persons fraudulently impress, or make the brand mark or any number counterfeiting or other mark of any such inspector, or a mark or number in imitation thereof upon any article subject to inspection or Misdemeanor, upon any cask or other vessel containing such article, or shall counterfeit the stamp of any inspector upon any plug, or shall frudulently put any stamped plug into any cask, or shall frau¬ dulently alter, deface, conceal or erase any inspection mark duly made, shall for every such offence be deemed guilty of a misdemeanor, and be punishable by a fine not exceeding three hundred dollars, or by imprisonment not exceeding six months, at the discretion of the court having jurisdiction of the offence. CXCIX. If any person shall put into any cask or vessel, Penalty on after the same has been inspected and marked by the inspec- persons pack- tor or his deputy, any article of the same, or of a different cafkTTavin* 1 * kind, and liable to inspection, without obliterating the brand inspection & or other marks thereon, with intent to defraud; or if any marks, with person shall unpack any article liable to inspection, which has intention to been inspected and condemned, and repack or put up the de “* au > c - same in any other form, without submitting it. to the inspector according to law, such person shall forfeit and pay for every such offence, a sum not exceeding one hundred and twenty- five dollars, and the article so put up in such cask or vessel, or so unpacked, shall be forfeited. CC. Every person who shall counterfeit, forge or fraudu¬ lently impress upon any article liable to inspection, or upon Persons, any cask or vessel containing such article, the brand mark or ^he mari^s of a other mark of any miller, manufacturer, packer or other per- m m er marm - son, or shall fraudulently alter, deface or erase any such facturer, &c. mark, or shall fraudulently impress the brand mark, or other guilty of a mark of any person upon any such article or vessel, shall be misdemeanor, deemed guilty of a misdemeanor, and shall be punishable by a fine not exceeding three hundred dollars. CCI. If any person, whose fees are fixed by this act, shall take by color of his office or occupation, by custom, or under p ena ity 0 n any other pretence whatsoever, any other or greater fees for inspectors for services performed in pursuance of this act, than are hereby demanding il- allowed, he shall be deemed guilty of a misdemeanor, and on le S al ^ ecs * conviction thereof shall pay a fine of fifty dollars, one half 768 ACTS OF ASSEMBLY. for the use of the Commonwealth, and the other half for the use of the person injured. Fines and CCII. All fines and pecuniary penalties which may be in¬ penalties, in- C urred under any of the provisions of this act, shall, unless it this^aet* ° how °^erwise especially provided, be recoverable in the name recovered. °f the Commonwealth, at the instance of any person who shall sue therefor in the same manner as debts of the like amount are recoverable, with costs of suit, and one moiety thereof shall be paid to the person suing for and recovering the same, and the residue shall be paid into the treasury of the county for the use of the Commonwealth. Town cotin- CCIIL The town councils of the boroughs of Allegheny, cils of the bo- and the Northern Liberties of Pittsburgh, in the county of Al- fe "hen °anc^" ^ e ^ ien y? are hereby authorized at the time appointed for the Northern Lib- annua ^ election of the treasurer and other officers of said bo- erties of Pitts- roughs, to elect for each of said boroughs an inspector of salt, burgh, autho- whose duty it shall be to inspect and examine all salt in bar- rized to elect re j Sj landed within the respective limits of the said boroughs, borcmghs, an an ^ mar ^ the quality thereof, by a brand to be provided by inspector of each of said boroughs, and that the compensation -to each of salt. said inspectors be paid by the owners of said salt according to the ordinances of said boroughs respectively, to be passed for that purpose. Inspector to CCIV. Each of said boroughs be respectively authorized give bond, an- require said inspectors to give bond and security for the nual report, faithful performance of their official duties in such form as they may provide; and to compel said inspectors to make an¬ nual reports of their several inspections, and to impose a pe¬ nalty on all persons who shall neglect or evade the inspection of salt as provided for by their ordinance or ordinances, and the salt so inspected and branded, may be exposed for sale, in any county, city or place within this commonwealth, with¬ out being subject to any second or future inspection. Passed 15th April, 1835. See Pamph. Laws of Penn, session of 1834-5, pages 384-424. A Supplement to an act entitled “An act relating to Inspections,” approved the fifteenth day of April, one thousand eight hundred and thirty-five. Corn meal. I* & e ^ enacted, &fc. That com meal liable to be inspect- ed, may be bolted or sifted, and the inspector or manufactu¬ rer of flour, shall not mark or stamp the month on the casks Boards and in which it was inspected; and that boards or plank may be and plank. exported without being square edged. Susquehanna II. Nothing in the act to which this is a supplement, shall and Delaware be so construed as to require the inspection, proving or brand- flour. fj our or mea i ? 0 f an y kind, shipped or laden on the ACTS OF ASSEMBLY. 769 waters of the Susquehanna and Delaware, and their branches, and intended to be transported by the waters of said rivers to a market out of this state, but within the limits of the United States. III. So much of the eighth section, so much of the twenty- Repeah sixth section, and so much of the thirty-first and thirty-second sections, and so much of the one hundred and fifty-seventh section of the act to which this is a supplement, as is hereby altered, and all other acts and parts of acts relating to inspec¬ tions, except this act and the act to which this is a supple¬ ment, be and the same are hereby repealed. IV. That the true intent and meaning of the various sec- Relative to tions of the act to which this is a supplement, relating to foreign foreign pro¬ produce imported into this state, and thence exported, are duce - declared to be, that no produce imported into this state from any other state or country, shall be liable to inspection prior to exportation from this state, if marked or branded with the name of the state or country whence it was originally export* ed, though the mark or brand may have been affixed thereto after its importation within this State: Provided , That noth* p rov iso ing herein contained shall be construed to repeal any of the S provisions of the said act, imposing penalties for the false marking or branding, or exporting produce raised or manu¬ factured within the State, without inspection; And provided further , That nothing herein contained shall be so construed as to prevent the inspection of foreign produce, when it is desired by the purchaser or exporter. Passed 31st March, 1836. See Pamphlet Laws of Penn . session of 1835-36, pages 332-3. An Act to incorporate the Preston Retreat, and relative to the sale of lands of St. John’s church, in Norristown, Montgomery county, and for other purposes. XXXVIL Be it enacted , S$c. That pot and pearl ashes Pot and liable to inspection, shall be put up and secured in sound, pearl ashes; tight, and full-bound casks, made of white-oak staves and ll0W P ut U P- heading, or of such other sound timber as the inspector shall judge proper, and every cask which shall be used for the pur- g 0 much 0 f pose aforesaid, shall be twenty-four inches long, and twelve act of 16th inches diameter at the head; and so much of the one hun- April, incon- dred and fourth section of the act of the fifteenth of April, f/ s . tent Wlt ^ , i j thie rpnpalpn eighteen hundred and thirty-five, entitled “An act relating to ’ F inspections,” as is inconsistent herewith, is hereby repealed: Provided , That nothing in this act, or the act of the fifteenth p rov ; so of April, eighteen hundred and thirty-five, as relates to the size, capacity, or material of packages, kegs or casks, shall 118 770 ACTS OF ASSEMBLY. be construed to extend to any produce whatever, of other states than Pennsylvania. 73 Passed 16th of June, 1836. See Pamphlet Laws of Penn, session of 1835-36, page 825. An Act declaring the streets in the town of Mifflinburg, in Columbia county, public highways, and relating to Duquesne way, Pitts¬ burgh Gas works, and for other purposes. II. Be it enacted , fyc. That the select and common coun¬ cils of the city of Pittsburgh be, and they are hereby autho¬ rized and required, on application made to them by the peti¬ tion in writing, of one or more owners of lots, lying north* wardly and westwardly of Penn street, and the eastern boun¬ dary of the said city, to define, locate and cause to be opened a public street, to be designated and known by the name of Duquesne Duquesne way, which shall be of at least forty feet in width, way to be lo- anc | g j ia j| ex tend, running parallel with Penn street, from the ca e ’ c ‘ said eastern boundary until it shall intersect Water street, 7 3 Previous to the passage of the foregoing acts of assembly relating to inspec¬ tions, the law was in a confused and almost unintelligible shape. The great and growing commerce of the state imperiously called for a revision; and now, according to the provisions of the third section of the act of the 31st of March, 1836, “ all other acts and parts of acts relating to inspections,” except those here inserted, are entirely repealed. The vast and increasing commerce, trade, and transportation of merchandize, of all descriptions, on the Pennsylvania canals, in which the city of Pittsburgh is deeply interested; and the inspection laws giving to justices of the peace and aldermen jurisdiction in a variety of cases for penalties, &c. by which buyers and sellers are materially affected, it was thought advisable to insert those acts at large, for the information as well of merchants and traders particularly as for the inhabitants at large. Although a considerable portion of the acts in the text are confined in their operation to cases in which the articles directed to be inspected are intended for foreign exportation, yet the mode and manner of putting up the articles and preparing them for market, being a matter of general concernment, with which, (particularly as heavy penalties are inflicted for violation of the statuary regulations,) the city authorities should not be ignorant, the publication of the inspection laws, in this form, will afford a ready reference to the councils, the officers of the city, and all others concerned. With regard to the duties of inspectors, under these laws, it seems the officer cannot withhold his services till he receives his fee; nor divide an act of duty into several parts, so as to make separate charges of less than $5.33, in order to preclude a defendant from the right of an appeal from the decision of the justice or alderman. Commonwealth vs. G'enther 17 S. &■ R. 135. For the rules and regulations as to the inspection of cargoes on the canals, as established by the board of canal commissioners, and published by their authority in 1833, in pursuance of the provisions of the act of assembly of the 6th April,' 1830, ( Purden’s Digest, 148,) see Parke Johnson’s Dig. 78-90. These embrace all the rules with regard to the registry and weighing of boats, inspection of cargoes, clearances and collection of tolls, navigation and protection of the canal, bridges, basins, &c. and the bringing of suits for penalties. See also the rules, &c. established by the board of canal commissioners, and published by their authority in 1833, in pursuance of the act of assembly before referred to, embracing the inspection, weight, and registry of empty cars, the inspection of cargoes, the bringing of suits for penalties, &c. Ibid. 90, 100; and the notes and references appended thereto. ACTS OF ASSEMBLY 771 Proviso Public land- continued on such courses, and for such distance as the said councils shall determine and direct,* (authority being hereby granted to continue and open the same;) and the distance between the said Penn street and the said Duquesne way, measured on any line perpendicular to both, shall not be less than four hundred and twenty feet, nor graded more than four feet below the grade of Penn street: Provided nevertheless , That before the said way shall be opened, the provisions here¬ inafter contained for the assessment of damages, and com¬ pensation to the owners of lots, shall have first been complied with. III. After the said way shall have been located and opened, according to the provisions of this act, the councils of the city of Pittsburgh aforesaid be, and they are hereby autho¬ rized to fix and adopt a convenient grade for the space lying northwardly from the line of the said way, and to occupy, fill up, and improve the same, according to the grade adopted; and the space so graded and lying between the said way and low water mark of the Allegheny river, shall forever thereaf¬ ter be occupied, used, and employed as a public landing, and the said councils shall have full power to make such rules, regulations and by-laws, regulating the use of the said public landing, as they may think proper, and shall not be. inconsistent with the existing laws of this commonwealth, to in ^’ direct and enforce the collection of such fees, tolls, and du¬ ties in the nature of wharfage, as they may deem just and expedient, and to exercise in every respect, over the said pub¬ lic street and public landing, when the same shall be opened, Tolls or the same powers and authority which they may or can exer- wharfage, cise by law over the other public streets and landings within the said city. IV. When the said city councils shall have located, and defined by its limits, the said way, according to the provisions of the first section of this act, they shall direct two plans thereof to be made by the city regulator, showing accurately Two plans of the location and limits of the said way, together with those the way ' of the streets and lots adjacent thereto, the names of the ow¬ ner being marked thereon, one of which plans shall be kept in the office of the said city regulator, and the other shall be filed in the office of the clerk of the court of Quarter Sessions of the county of Allegheny, the said plans to be opened at all reasonable times, for the inspection of all persons wishing to examine the same; and the said councils shall cause pub¬ lic notice to be given, in two newspapers published in the said city, for at least two weeks previous to a regular setting of the court of Quarter Sessions in the said county, of the loca¬ tion and intended opening of the said way, and of the places locating where plans thereof are deposited for inspection; and any person or persons owning lots to which the said way is adja- &c. Notice of 772 ACTS OF ASSEMBLY. Viewers of damages ap¬ pointed. Payment of damages. Boundary c certain lots. Pittsburgh Gas works. Proviso. Injury to property in¬ dictable. Streets to highways cent, and who shall consider that his, her, or their lot or lots, are or shall be damaged by the said location, may make ap¬ plication, by petition, to the next court of Quarter Sessions following the publication of the said notice, who shall there¬ upon appoint twelve discreet and disinterested persons, who, being first sworn or affirmed, shall proceed to inquire, on ac¬ tual view of the premises, whether any, and what damages may or shall be sustained by the persons petitioning,by reason of the opening of the said way; and the said viewers, or a majo¬ rity of them, shall make a report to the next court of Quarter Sessions of their appraisement of the damage sustained, if any, and of their apportionment of the same among the said owners, which report shall be filed in the said court, and en¬ tered at large in the dockets thereof, and shall forever there¬ after bind and conclude all persons owning lots adjacent to or affected by the opening of the said way; and the said city councils, so soon as the damages, if applied for and assessed in the manner aforesaid, shall have been paid, under their direction, out of the city treasury, to the persons entitled to receive the same, may immediately thereafter direct the open¬ ing of the said way and landing, through the whole distance herein before authorized, or through the square or squares in which the said damages have been paid or unclaimed, within the time aforesaid, in the manner and for the purposes here¬ inbefore specified, and all lots which, previous to the opening -of the said way, were bounded by the Allegheny river, shall forever thereafter be bounded by and front on the way herein authorized to be opened. V. That the trustees of the Pittsburgh Gas works be, and they are hereby authorized to lay the necessary pipes from the works to the city lines: Provided , The same do not pass through private property: And provided , The like precau¬ tions be taken in opening and closing up the highway, as are or may be enjoined in reference to opening and closing up the streets of said city. VI. For the violation of any ordinance of the city of Pittsburgh, passed for the protection of said property from injury, the party offending, if the offence be committed with¬ out the city limits, may be punished by indictment in the court of Quarter Sessions of Allegheny county. VII. The select and common councils of the city of Pitts¬ burgh be, and they are hereby fully authorized and empowered to lay out, open, extend and widen such street or streets, as they may deem necessary to communicate between the public streets of said city and the Pittsburgh Gas works, and such street or streets, from the time the same may be declared and >e ordered by said councils to be opened, extended or widened, shall forever after be deemed, adjudged and taken as public highways, and subject to the same regulation and police as ACTS OF ASSEMBLY. 773 other streets or highways of said city: Provided nevertheless , ^Proviso. That the owner or owners of ground through which any such street shall be opened, extended, or widened, may proceed in the same manner to obtain indemnification for any injury he or they may sustain thereby, as is directed by the several acts in force, and providing for the opening of public roads in this commonwealth. 74 Passed 31st March, 1836. See Pamphlet Laws of Penn, session of 1835-36, pages 317-20. An act to authorize suit to be brought upon the official bond of Wil¬ liam B. Mitchell, late superintendent. 7 5 III. Beit enacted, Sfc. That a tract of land adjoining to Certain land and bounded in part by the eastern bounds of the city of ®$ 0 !“ in 5 Pittsburgh, shall beset off, defined by limits, and surveyed, m * a l d 9 e “ r | it in the manner and for the purposes hereinafter specified, as a district. city district, for the said city, the boundaries and description whereof shall be as follows: Beginning at the south eastern Boundaries corner of the said city, in the Monongahela river, thence by and descrip- the middle of the said river to a point opposite to the mouth tion - of the two mile run, thence by a straight line, carried over the mouth of the said run, and over the house of William Farrow, to the intersection of the straight line, with the southern boundary line continued, of the borough of the Northern Liberties, thence by the said southern boundary line to the eastern boundary line of the said city, and thence by the same to the place of beginning; and the said city district, so set off and defined, shall be subdivided into sec- Subdivided tions, in the manner hereinafter prescribed, subject to the into sections. following limitations, viz: No section shall contain more than sixty, or less than thirty acres, and the boundary lines of Sections— each shall be made to conform, when such conformity can be how aid out ’ conveniently obtained, with the lines or streets bounding or laid out through the property of individual owners, nor shall any section be made to be partly on one side, and partly on the other side of the Farmers’ and Mechanics’ turnpike road, or of the Pittsburgh and Coal Hill turnpike, as the same are now located through the said city district. IV. The court of Quarter Sessions of the county of Alle- Court to ap- gheny be, and they are hereby authorized and required, at any P olnt com ‘ 7 4 See ante , p. 815-17, and note 56 attached thereto. The 5th, 6th and 7th sections of this act are there published in the form of a separate act, under the title of “ an act relative to the Pittsburgh Gas Works.” 7 * See note 35, ante , p. 65. The title of this act would not lead any person to suppose it had any relation to the city of Pittsburgh, important as it is—and in the hurry of legislation it appears that even the comprehensive term, “ and for other purposes ,” has been accidentally omitted. 774 ACTS OF ASSEMBLY. this act. missioners to time before the first day of June next, to order and appoint perform duties three discreet and disinterested freeholders, as commissioners enjoined in f or sa jj c jty district, none of whom shall reside or own real estate in the same, who shall take and subscribe an oath or affirmation, before one of the judges of the said court, or any alderman of the said city, well and faithfully to perform Vacancies— the duties required by this act, to the best of their abilities, how filled. without favor or partiality; and in case of the death, resignation, or inability to act, of any of the commissioners appointed as aforesaid, before the intended purposes of this act shall have been fulfilled, it shall be lawful for the said court to appoint another, or other persons, to supply his or their places, who, being qualified as aforesaid, shall have the same power as the commissioners appointed in the first instance, by the said court. Commiss’rs V. The said commissioners, appointed and qualified as to a PP ointsur ’aforesaid, shall proceed, taking to their assistance an able and competent surveyor, to survey and mark out by its limits the said city district, and to make a subdivision of the same into sections, according to the boundaries, description, direction, and restrictions hereinbefore specified and contained, and the said commissioners shall have power, and they are hereby directed and required, to make and lay out a general plan of the said district, to survey, locate, and mark therein such streets, alleys and squares as they shall think proper, giving to the same such arrangement and dimensions as shall, in their judgment, be best calculated to meet the wants and convenience of any future population, and the said commis¬ sioners shall cause to be erected, or inserted at suitable points Land marks within the said district, land marks, of durable materials, to be erected, from which the boundary lines of the said district, sections, streets, alleys, and squares, contained in the said general plan, may at any time be retraced and determined, securing the same, as far as may be, from injury or displacement: Provi¬ ded nevertheless , That all streets, lanes and alleys within the said district, which shall have been, previous to the making of the said plan, laid out, and appropriated by private persons, or otherwise, for public use, or for the use of the owners of lots fronting thereon, or adjacent thereto, shall be adopted, inserted in, and made part of the said general plan, with such increase of width and extension as the said commissioners may think, in any case, necessary and expedient. Map or plan VI. The said commissioners, when they shall have com- to be filed in pleted their surveys, and shall have determined the limits and of^Quart^* 61 ^ l° eat ' on the said sections, streets, alleys, and squares, to Sessions 61 be contained in the said general plan, shall cause to be made a correct map or plan of the same, with such description and explanations as may be necessary to a perfect understanding of the same, and shall return it to the court of Quarter Ses- veyor. Plan of dis¬ trict to be made. Proviso re¬ specting streets, lanes, and alleys already laid out. ACTS OF ASSEMBLY. 775 sions aforesaid, and it shall be the duty of the clerk of the said court, to receive and file the said map or plan in his office, for public inspection and examination, and to give notice, in at least two newspapers, published in the city of Pittsburgh, that on a certain day appointed by the court, the said court will hear any objections which may be made there- appointed 0 to to, by any of the freeholders owning property in the said dis- hear objec- ° trict, who shall consider themselves aggrieved by the adop- tions. tion of the same, and the said court, after hearing the objec¬ tions, shall adjudge and determine whether the same shall be fully established, or whether any, and what alterations shall be Court to de- made in the same, and after such determination, shall direct termine whe- the said map or plan, with such alterations as shall have been shall^e^steb made, to be recorded, and thenceforth, the said map or planished, shall be taken and allowed as a general plan for the said dis¬ trict, for the purposes herein contained, and the streets, lanes and alleys so approved, shall forever after be deemed, ad¬ judged, and taken as public highways: Provided neverthe - Proviso. less, That the opening of the same as part of the said gene¬ ral plan, shall not be ordered before the provisions and condi¬ tions hereinafter mentioned, shall have been complied with. VII. The commissioners of the county of Allegheny be, . Pay com- and they are hereby authorized and required, to pay out of the county treasury, to each of the commissioners appointed in pursuance of this act, the sum of one dollar and fifty cents for each and every day they shall have been employed in performing the duties required by this act, and also, their Costs of ex- reasonable costs and charges in procuring the surveys, maps, penses of plans and erections hereinbefore directed, and the said county ^c P to S be V aTd f commissioners are hereby empowered to be caused to be levied Special^ax^o and collected on the real property situated within the city be levied on district aforesaid, a special tax, sufficient in amount to reim- said district to burse the sums which shall have been paid in pursuance ofP a ^ ex P enses - the directions herein contained,and also, all charges incurred in assessing and collecting the same, and the said special tax shall be assessed and collected according to the directions and provisions of the several acts for raising and collecting county rates and levies. VIII. The select and common councils of the city of Pitts- . 0° applica- burgh shall have power, and by virtue of this act, are directed freeholders^ and required, on the petition of any number, being not less counc il s to than thirty, of the freehold owners of lots lying within the receive ad- limits of any section of the said city district, and adjoin- joining see¬ ing the then limits of the said city, to declare, by ordi- tlons into nance, the admission of the said section into the said city, Received and the said section shall forever thereafter be deemed, taken, district subject and allowed to be a part of the said city, to all intent and autho ' purposes, and subject to the jurisdiction and governments of the municipal authorities of the said city, as fully as if it had 776 ACTS OF ASSEMBLY. Proviso as to damages. Private streets, lanes. been originally made a part of and included within the same; and the streets, lanes and alleys contained in the aforesaid general plan, so far as the same be within the limits of the section so admitted, shall be opened for the same uses, and subject to the same laws and regulations, and exercise of powers, as the other public streets within the said city: Pro¬ vided nevertheless , That the owner or owners of ground through which any street, lane, or alley, not previously laid out by such owner or owners, shall be opened, may proceed in the same manner, to obtain indemnification for any injury he or they may sustain thereby, as is directed by the several acts in force, and providing for the opening of public roads in this commonwealth* IX. All streets, lanes and alleys within the city of Pitts- f burgh, if not less than twenty feet in width, which have been ft widtb'made out > a PP ro P r i ate d and opened by private persons, for pub- public high- he use, or for the use of the owners of lots fronting thereon, waysv or which shall be, being of not less than twenty feet in width, hereafter laid out, appropriated, and opened, as aforesaid, shall for every purpose be deemed, taken, and be public high¬ ways, as fully as the other public streets within the said city. X. The select and common councils of the city of Pitts- empowered to b ur glb aforesaid, when they shall consider that the opening of open or widen any new street, lane, or alley within the said city, or that an streets. increase of width of any street, lane or alley already laid out and opened, is necessary, for the use and convenience of the public, shall have power, and they are hereby authorized, there¬ upon, to direct and determine the location and limits of such street, lane, or alley, or the increase of width necessary in Plan to be any case, as aforesaid, and a plan of specification of such filed for pub- location, or determination of increase of width, shall be made lie inspection. an( j deposited in the office of the recording regulator of the said city, for public examination and inspection, whereof no- Notice to be lice shall be given in at least two newspapers, published in given. the said city; and any owner or owners of ground lying on the line of such street, lane, or alley, who shall consider that he, she or they, shall suffer damage from the opening or wi¬ dening of the same, may apply, by petition, to the next court of Quarter Sessions of the county of Allegheny, by whom of ctmrTon^ suc ^ or< ^ ers an d appointments shall be made, and the same petition of proceedings, in every respect, shall be had for the view, ap- persons ag- praisement of damages, the report thereof, and confirmation grieved. 0 f the game, as are directed by the provisions of the general When dam- road laws of this commonwealth; and the said councils, so ages are paid, soon as they shall have caused payment of damages assessed, streets, &c. to to b e made to the persons entitled to receive the same, ac- e opene . cor( jj n g to the report of the viewers returned to the said court, and confirmed by the same, may proceed to cause such street, lane, or alley, to be opened forthwith, and the same ACTS OF ASSEMBLY 777 shall forever thereafter be taken and allowed to be a public highway, for the same uses and purposes as the other streets, lanes, and alleys, within the said city: Provided nevertheless , That if the damages ascertained in the manner aforesaid shall Proviso, not have been paid within one year from the time of the con¬ firmation of the report of the same, then the proceedings had in pursuance of the provisions of this section, shall thereafter be held null and void. XI. The select and common councils of the city of Pitts¬ burgh aforesaid, shall, during the present year, and in each Pittsburgh to and every year thereafter, divide the said city into four be divided in¬ wards or districts, so as to make the number of the taxable to *° ur wards * inhabitants of the said wards as nearly equal as may be: Provided nevertheless , That the said division shall be made Proviso. at least thirty days before the times appointed for holding the city elections for the said citv. XII. Such sections of the city district aforesaid, as shall Disposition not have been admitted into the said city agreeably to the provi- of sections not sions of this act, shall, until Such admission shall have been J?®® 1lved lnto declared, be deemed and taken as parts of the district and township to which the same belong and are annexed, or shall hereafter belong and be annexed. XIII. So much of any law or laws of this commonwealth, as is hereby altered or supplied, is hereby repealed, and no more. Repeal, Passed 16th June, 1836. See Pamphlet Laws of Penn, session of 1835-36, pages 749-54. An Act to authorize Isaac C. Worrell and Richard Stout, surviving trustees for the Free Will Baptists of the borough of Fraukford, to sell certain real estate, and to authorize the church wardens of the Protestant Episcopal church ol Morgantown, in the county of Berks, to sell and convey certain real estate, and for other purposes. VL Beit enacted , 8$c. That all indictments or civil actions now depending, or hereafter to be preferred or instituted in any of the courts of civil or criminal jurisdiction within the city of Pittsburgh or county of Allegheny, wherein the city of Pittsburgh may be interested, directly or indirectly, or wherein the validity of any regulation of a street or alley in said city, made either before or since its incorporation as a city, may be brought in question, although the said city of Pittsburgh may not by its corporate name, be a party to the record, shall be tried in the District court of Allegheny county, before a jury, from which all persons, resident or owning real property in said city* shall be excluded. VII, In all such cases, the certificate of the Mayor’s court of the city of Pittsburgh, or of the president judge of the 119 Cases where¬ in the city of Pittsburgh is interested, to be tried in Dist. Court. Citizens of Pittsburgh ex¬ cluded as ju¬ rors. Certificate of Mayor's c’rt. or of 778 ACTS OF ASSEMBLY. judge of 5th fifth judicial district, composed of the said county of Alle- judicial dis- gheny, that the indictment or civil cause proposed to be re¬ tried evidence movec | ? j Sj j n his opinion, within the meaning of the first sec¬ tion of this act, shall be conclusive evidence of the jurisdic- Indictment tion of the said District court in such case, and therupon, the and papers to indictment, and all papers connected therewith, if it be a be transmitted cr im.jnal case, or the original writ, declaration, and all papers connected therewith, if it be a civil case, shall be transmitted to said District court. Parties may VIII. If upon the trial of any indictment or court action un¬ appeal to Su- der the authority of this act, questions of law shall be raised preme court, ^y e hher party, the decision thereof by the District court, Recognizance not ^ ut either party may appeal from such deci- to be entered, sion, to the Supreme court, upon entering into recognizance into the District court, for the payment of all costs, in case the judgment of the Supreme court should be adverse to Reasons for suc ^ a PP e ^ ant ? an( ^ ^hrig of record, at the same time, a spe- appeahng to cification of his reasons for entering the appeal; and the said be filed. District court shall have power to take the recognizances of Powers of defendant or witnesses in any indictment which may be District court. rem oved to said court, for the purpose of securing their at¬ tendance upon the trial thereof, and of passing sentence, when the verdict of the jury shall be against the defendant. Passed 16th June, 1836. See Pamphlet Laics of Penn . session of 1835-36, pages 745-6. An Act relating to the support and employment of the poor. Overseers to & e & enacted , Sfc. That it shall be the duty of the over- provide for seers of every district, from time to time, to provide as is poor persons, hereinafter directed, for every poor person within the district, having a settlement therein, who shall apply to them for relief. If the pauper II. If such poor person be able to work, but cannot find be able to employment, it shall be the duty of the overseers to provide work ’ r g^ 0 °" work for him, according to his ability, and for this purpose, provide 8 , &c. they shall procure suitable places, and a sufficient stock of materials. Overseers III. It shall be lawful for the overseers of any district, with may employ the concurrence and under the directions of the supervisors able bodied the township, to employ such poor person, being a male of paupers, c. gu fg c j en t ability, in opening or repairing any road or highway within the district. If paupers be IV. If such poor person, by reason of age, disease, infirmi- unable to ty, or other disability, be unable to work, it shall be the duty work, &c. Q f the overseers to provide him with the necessary means of subsistence. Overseers to V. It shall also be the duty of the overseers of every dis- furmsh relief trict, to furnish relief to every poor person within the district ACTS OF ASSEMBLY. 779 not having a settlement therein, who shall apply to them for to paupers not the relief, until such person can be removed to the place of having a set- his settlement. tlement, &c. VI. No person shall be entered on the poor book of any No person to district, or receive relief from any overseers, before such per- be entered in son, or some one in his behalf, shall have procured an order the P°. or book from two magistrates of the county for the same, and in case without'aifor- any overseer shall enter in the proper book, or relieve such der from two poor person without such order, he shall forfeit a sum equal justices of the to the amount or value given, unless such entry or relief shall P eace > under a be approved of by two magistrates as aforesaid. penalty. VII. It shall be lawful for the overseers of every district, Overseers to contract with any person for a house or lodging for keep- may contract ing, maintaining and employing such poor persons of the dis-f° rtbe support trict as shall be adjudged proper objects of relief, and there ^ en f™f Pl °au to keep, maintain, and employ such poor persons, and to re-p ers ^ ceive the benefit of their work and labour, for and towards their maintenance and support, and if any poor person shall refuse to be kept and employed in such house, he shall not be entitled to receive relief from the overseers during such refusal. VIII. It shall be lawful for the overseers of every district, Overseers with the approbation and consent of two or more magistrates may put out of the same county, to put out as apprentices all poor chil- P oor children dren whose parents are dead, or by the said magistrates found asa PP rentlces - to be unable to maintain them, so as that the time or term of years of such apprenticeship, if a male, do expire at or be¬ fore the age of twenty-one years, and if a female, at or before the age of eighteen years. IX. A settlement may be gained in any district:— How a set- 1 . By any person who shall come to inhabit in the same, and tlement may who shall for himself and on his own account, execute any be gamed, public office, being legally placed therein, during one whole year. 2. By any such person who shall be charged with and pay his proportion of any public taxes or levies for two years suc¬ cessively. 3. By any person who shall bona fide take a lease of any real estate of the yearly value of ten dollars, and shall dwell upon the same, for one whole year, and pay the said rent. 4. By any person who shall become seized of any freehold estate wi^m such district, and who shall dwell upon the same, for one whole year. 5. By any unmarried person not having a child, who shall be lawfully bound or hired as a servant within such district, and shall continue in such service during one whole year. 6. By any person who shall be duly bound an apprentice by indenture, and shall inhabit in the district with his master or mistress for one whole year. 7. By an indented servant, legally and directly imported from 780 ACTS OF ASSEMBLY. Europe into this commonwealth, who shall serve for the space of sixty clays in the district into which he shall first come: Provided , That if such servant shall afterwards duly serve in any other district for the space of twelve months, either with his first employer or his assignee, he shall ob¬ tain a legal settlement in such other district. 8. By any mariner coming into this commonwealth, and by any other healthy person coming directly from a foreign country into the same, if such mariner or other person shall reside for the space of twelve months in the district in which he shall first settle and reside. Settlement X. Every married woman shall be deemed, during cover- of married ture, and after her husband’s death, to be settled in the place where he was last settled; but if he shall have no known settlement, then he shall be deemed, whether he be living or dead, to be settled in the place where she was last settled before her marriage. Settlement XI. Every illegitimate child shall be deemed to be settled ohildrfn ima 6 m P^ ace where the mother was legally settled at the time of the b’rth of such child. Effect of a XII. If the last place of settlement of any person who division of a shall have become chargeable, shall be in any township which township. shall have been divided by the authority of the laws, such person shall be supported by that township within the terri¬ tory of which he resided at the time of gaining such settle¬ ment. Housekee- XIII. It shall be the duty of every house-keeper who shall person receiv- rece ] ve j nto ^jg house any person who has not gained a legal who^hav^^ot sett ^ ement m some P art of this commonwealth, (all mariners gained a set- coming into this Commonwealth, and every other healthy tlement, to person coming from a. foreign country immediately into this fpve notice, commonwealth only excepted,) within ten days after receiv¬ ing such person, to give notice thereof in writing, to the overseers of the proper district. Housekee- XIV. If any house-keeper shall fail to give notice as afore- pers failing to said, and if the person so received shall become poor and dee liabtefor unable to maintain himself, and cannot be removed to the the mainten- P lace of his last le & al settlement in any other state, if any ance of such such he hath, such house-keeper shall be obliged to provide persons, &c. for and maintain such poor person, and in case of the death of such poor person, without leaving wherewithal to defray the expense of his funeral, such house-keeper shall pay the overseers so much as they shall reasonably expend for such purpose. Overseers XV. If such house-keeper shall refuse to pay the charges authorized to aforesaid, the overseers shall assess upon him the amount receive the necessary to maintain such poor person, weekly, or such sum as shall be necessary to pay such funeral charges, and shall have power to collect the same by warrant of distress, but if ACTS OF ASSEMBLY. 781 such delinquent shall have no goods or chattels liable to dis¬ tress, he may be committed to jail, there to remain until he shall have paid the same, or shall be otherwise legally dis¬ charged. XVI. On complaint made by the overseers of any district Overseers to one of the magistrates of the same county, it shall be law- ma y remove ful for the said magistrate, with any other magistrate of the fo become^ county, where any person has or is likely to become charge- chargeable to able to such district into which he shall come, by their war- the place of rant or order, directed to such overseers, to remove such per- th eir settle- son at the expense of the district, to the city, district, 0 r ment ' place where he was last legally settled, whether in or out of Pennsylvania, unless such person shall give sufficient security to indemnify such district to which he is likely to become chargeable as aforesaid. XVII. Provided , That it shall not be lawful, by virtue of any order of removal, to separate any wife from her husband. XVIII. It shall be the duty of the guardians or overseers Overseers to of the city or district to which such poor person may be re- receive every moved, by warrant or order as aforesaid, to receive such poor removed 1 and person, and if any such guardian or overseer shall refuse or penalty for re¬ neglect so to do, he shall forfeit for every such offence the fusing, sum of twenty dollars, to be recovered as hereinafter provi¬ ded, and applied to the use of the poor of the district from which such poor person may be removed as aforesaid. XIX. Provided always , That any person aggrieved by Appeals' any such order of removal, may appeal to the next court offr° m order of Quarter Sessions, for the county from which such poor person may be removed, and not elsewhere, and if there be any de- s i oris> r eS " feet of form in such order, the said court shall cause the same to be amended, without cost to the party, and after such amendment, if the same be necessary, shall proceed to hear and determine the cause upon its truth and merits; but no such cause shall be proceeded in, unless reasonable notice shall have been given by the party appellant, to the overseers of the district from which the removal shall have been made, the reasonableness of which notice shall be determined by the said court, at the session to which the appeal may be made, and if it shall appear to them that reasonable notice was not given, they shall adjourn the appeal to their next session, and then determine the same. XX. For the more effectual preventing of vexatious remo- Courts may vals and frivolous appeals, the court of Quarter Sessions, up- order costs, on every appeal in a case of settlement, or upon proof being &c. on ap- made before them of notice thereof, as aforesaid, (though the P eaIs * appeal be not afterwards prosecuted,) shall at the same ses¬ sion, order to the party in whose behalf such appeal shall be determined, or to whom such notice did appear to have been given, such costs and charges as the said court shall consider 782 ACTS OF ASSEMLBY. reasonable and just, to be paid by the overseers or other person against whom such appeal shall be determined, or by the person that gave such notice; and if the court shall de¬ termine in favor of the appellant, that such poor person was unduly removed, they shall at the same session, on demand, award to such appellant so much money as shall appear to them to have been reasonably paid, by the city or district appellant, towards the relief of such poor person, between the time of such undue removal and the determination of such appeal, with costs, as aforesaid. How costs XXI. If any person, ordered to pay costs of charges as to be collected a f ore said, other than overseers as aforesaid, shall live out &c. in case of f t p e jurisdiction of such court, it shall be the duty of any magistrate oi the county in which such person shall reside, on request to him made, and on the production of a copy of such order, certified under the seal of such court, to issue his warrant to levy the same by distress, and if no sufficient distress can be had, to commit such party to the common jail, there to remain without bail or mainprise, until such costs or money be paid, or until he be otherwise legally dis¬ charged. Proceedings XXII. If any overseer be ordered to pay costs or charges to recover as aforesaid, and the township liable therefor be out of the of Overseers j ur ^ S( ^^ c ^ on °f suc ^ court ? it shall he the duty of the court of o overseers. Q uarter 6 eS3 j ons 0 f the county in which such township is situate, on request to them made, and on the production of a copy of such order, certified under the seal of the court making the same, to compel payment of such costs and char¬ ges, according to law. If any poor XXIII. If any person shall come out of any city or dis¬ perse) n shall trict in this commonwealth into any other district, and shall happen to fall sick or die before he have gained a settlement therein, so that he cannot be removed, the overseers of such district shall, as soon as conveniently may be, give notice to the guardians or overseers of the city or district where such ered from The P ersons had last gained a settlement, or to one of them, of overseers of name ? circumstances and condition of such poor person, the place and if the guardians or overseers to whom such notice shali where he was be given, shall neglect or refuse to pay the monies expended last settled. f or the use 0 f SQC h p 00r person, and to take order for reliev¬ ing and maintaining him, or in case of his death before such notice could be given, shall on request made, neglect or re¬ fuse to pay the monies expended in maintaining and burying such poor person, in every such case it shall be the duty of the court of Quarter Sessions of the county where such poor person was last settled, upon complaint to them made, to compel payment by such guardians or overseers, of all such sums of money as were necessarily expended for such pur¬ pose, in the manner directed by law, in the case of a judg¬ ment obtained against overseers. fall sick, not having a set¬ tlement, and be relieved, the expense ACTS OF ASSEMBLY. 783 XXIV. If any magistrate shall refuse to grant a warrant Appeal to or order of removal as aforesaid, it shall be lawful for the the Sessions, overseers aggrieved by such refusal, to appeal to the next mVSeto* court of Quarter Sessions of the county in which such mag- gra nt an order istrate resides, who shall thereupon hear and finally determine of removal, the same. XXV. If any person shall bring, or cause to be brought, Penalty on any poor person from any place without this commonwealth an 7 P erson to any place within it, where such person was not last legally pauper from settled, and there leave, or attempt to leave, such person, he any place out shall forfeit and pay the sum of seventy-five dollars for every of this com- such poor person, to be sued for and recovered by the over- ra °nwealth. seers of the district, into which such poor person may have been brought., and moreover, shall be obliged to convey such poor person out of the commonwealth, or support him at his own expense. XXVI. If any person shall bring, or cause 1o be brought Every per- into this commonwealth, any black or coloured indented ser- son bringing vant, such person, his or her heirs, executors, administrators an Y black or and assigns, shall respectively be liable to the guardians or ^nt into^he overseers of the city or district to which such black or coloured state, to be person shall become chargeable, for such necessary expenses liable for his as such guardians or overseers may be put to for his or her su PP ort > & c * maintenance, support and interment, together with the costs thereon. XXVII. Every person in whom the ownership or right to Owners of the service of any negro or mulatto slave shall be vested, negro slaves to shall be liable to the overseers of the district in which [such] ^ negro or mulatto shall become chargeable, for all expenses £. c ir su PP or 9 which such overseers may be put to for the maintenance, support and interment of such negro or mulatto, with the costs thereon. XXVIII. The father and grandfather, and the mother and Parents, chil- grandmother, and the children and grandchildren, of every nc^cl^ild re n poor person not able to work, shall, at their own charge, be- ^ a bJ e for the” ing of sufficient ability, relieve and maintain such poor per- support of son, at such rate as the court of Quarter Sessions of the pauper rela- county where such poor person resides shall order and direct, tlons - on pain of forfeiting a sum not exceeding twenty dollars for every month they shall fail therein, which shall be levied by the process of the said court, and applied to the relief and maintenance of such poor person. XXIX. If any man shall separate himself from his wife, In case of without reasonable cause, or shall desert his children, or if desertion by any woman shall desert her children, leaving them a charge ^fe a ^^ ant upon the district, in any such case it shall be lawful for any to j ssued ^ two magistrates of the county, upon complaint made by the magistrates, overseers of the district, to issue their warrant to such over¬ seers, therein authorizing them to take and seize so much of 784 ACTS OF ASSEMBLY. On the re¬ turn of the warrant, secu rity to be ta¬ ken. Powers of the Quarter Sessions in such cases. Certain de¬ scribed per¬ sons declared liable to the penalties im¬ posed upon vagrants. the goods and chattels* and receive so much of the rents and profits, of the real estate of such man or woman, as in the judgment of the said magistrates shall be sufficient to provide for such wife, and to maintain and bring up such children, which sum or amount shall be specified in such warrant; but if sufficient real or personal estate cannot be found, then to take the body of such man, (or woman,) and bring him (or her) before such magistrates, at a time to be specified in such warrant. XXX. It shall be lawful for such magistrate, on the return of such warrant, to require security from such man or woman, for his or her appearance at the next court of Quarter Ses¬ sions of the county, there to abide the order of the court, and for want of such security, to commit such person to the jail of the county* XXXI. The warrant aforesaid shall be returned to the next court of Quarter Sessions of ihe county, when it shall be lawful for the said court to make an order for the payment of such sums as they shall think reasonable for the purpose afore¬ said, and therein authorizing the overseers to dispose of the goods and chattels aforesaid, by sale or otherwise, and to collect and receive the rents and profits aforesaid, or so much of either as in the judgment of the court shall be sufficient for the purpose aforesaid, but if there be no real or personal estate, it shall be lawful for the court to commit such person to the jail of the county, there to remain until he or she comply with such order, give security for the performance thereof, or be discharged by due course of law. XXXIl. The following described persons shall be liable to the penalties imposed by law upon vagrants:— 1. All persons who shall unlawfully return into any district, whence they have been legally removed, without bringing a certificate from the city or district to which they belong. 2. All persons who, not having wherewith to maintain them¬ selves and their families, live idly and without employment, and refuse to work for the usual and common wages given to other laborers in the like work, in the place where they then are. 3. All persons who shall refuse to perform the work which shall be allotted to them by the overseers of the poor as aforesaid. 4. All persons going about from door to door, or placing themselves in streets, highways, or other roads, to beg or gather alms, and all other persons wandering abroad and begging. 5. All persons who shall come from any place without this commonwealth to any place within it, and shall be found loitering or residing therein, and shall follow no labour, trade, occupation or business, and have no visible means ACTS OF ASSEMBLY, 785 of subsistence, and can give no reasonable account of them¬ selves, or their business in such place. XXXfll. It shall be lawful for the directors of the poor of Overseers any county, and for the overseers of any district, as the case ^ c |^ rectors may be, in which any person shall have become chargeable, recover pro- t0 to sue for and recover any real or personal estate belonging perty of a to such person, and to sell or otherwise dispose of the per- pauper, and sonal property, and to collect and receive the rents and profits ho 'Y. lt 13 to be of the real ©state, and to apply the proceeds, or so much ie * thereof as may be necessary to defray the expenses incurred in the support and funeral of such person, and if any balance shall remain, the same shall be paid over to the legal repre¬ sentatives of such person after his death, upon demand made and security being given to indemnify such directors or over¬ seers from the claims of all other persons. XXXIV. It shall be the duty of the directors of the poor Directors of of the several counties in which poor houses are or may be the P 00r to erected, once in every year, after the accounts shall have rei J^. e | and been audited and settled, to make out a full and correct state- statements 11 ^ 1 rrtent of their receipts and expenditures for the preceding their accounts, year, together with a statement of the number of poor per- &c. sons supported, specifying their sex, age, or infirmity, if any, and of the profits arising from all farms under their di¬ rections; and it shall be the duty of such directors annually in the month of March, to publish such accounts and state¬ ment, at least twice, in two or more newspapers printed in such county, the expense of which shall be paid out of the county treasury, and forthwith transmit a copy of such ac¬ counts and statement to the Governor, to be by him trans¬ mitted to the legislature: Provided , That the accounts of the guardians for the relief and employment of the poor of the city of Philadelphia, the district of Southwark, and the townships of the Northern Liberties and Penn, shall be audited at the alms house of said corporation, in the township of Blockley, in Philadelphia county. XXXV. It shall be the duty of every justice, who shall j ust [ ces of by virtue of any law of this commonwealth receive any fine, the peace to penalty, or forfeiture appropriated by law for the use of the make a record poor, forthwith to enter at length on his docket, the name of°f every fine, the person convicted, the offence committed, the amount of^J deliver^’ such fine, penalty or forfeiture, and the time when the same transcript to was paid, and forthwith to deliver a correct transcript of such constables &c. entry to a constable of the township, and such justice shall, on demand, pay over the same to the overseers of the poor lawfully entitled thereto, and shall annually, if required, ex¬ hibit his docket to the inspection of the township auditors. XXXVI. If any justice shall wilfully neglect or refuse to Penalty for perform the duties enjoined on him, as aforesaid, touching the duty 786 ACTS OF ASSEMBLY. or pay mo neys, &c. any fine, penalty or forfeiture appropriated to the use of the poor, he shall, on conviction thereof, in the court of Quarter Sessions of the proper county, be deemed guilty of a misde¬ meanor in office, and fined, for the use of the poor of the township in which he shall reside, any sum not exceeding twenty dollars, and if he shall be convicted of neglecting or refusing to pay over on demand, to the proper overseers, any money which he shall have received as aforesaid, he shall be fined over and above the last mentioned sum, any sum not exceeding double the amount which he shall have received as aforesaid, which sums shall be recovered by process of said court. Overseers to XXXVII. It shall be the duty of the overseers of every demand fines district, to demand from every justice the amount of any fine, penalty, or forfeiture that may have been received by him for the use of the poor, and if the same be not paid to them within twenty days, to proceed to recover the same by suit against such justice, in the manner that debts of the like amount are or may be by law recoverable. XXXVIII. It shall be the duty of the clerk of every court by whom any fine shall be imposed, which by law is to be ap¬ propriated, in whole or in part, to the use of the poor, forth¬ with to deliver a written notice of the same to a constable, living in or near the township in which the person fined re¬ sides, for which service such clerk shall receive the sum of twenty-five cents from the proper overseers, and no more. XXXIX. It shall be the duty of the constable to whom any transcript or certificate shall be delivered by a justice of transcript &c. p eace or clerk of the court as aforesaid, under a penalty of justices. Clerks of courts by whom fines are imposed, to deliver no¬ tice of the same to con¬ stables. Constables to deliver to overseers, and penalty for failing to do so. of ten dollars, to be recovered before any other justice of the proper county, to deliver such transcript or certificate to one of the overseers of the district to which such fine, penalty or forfeiture belongs, and for such service, such constable shall be entitled to receive from such overseers the sum of twenty- five cents, and no more. XL. It shall be the duty of every sheriff who shall have received any fine, penalty or forfeiture which by law may be appropriated to the use of the poor, to pay the same on de¬ mand, to the proper overseers, and if he shall fail to do so, within ten days after demand, he shall, on conviction thereof, overseers; and in the court of Quarter Sessions of the proper county, be penalty for fined and pay to the use of the poor of the proper district, any tailingtodoso. gum no t exceeding double the amount received by him, to be recovered by the process of the said court. If there be XLI. In all cases where there are no poor persons supported no poor in a a t the expense of a district, or where there shall remain in the district, or hands of the overseers, at the end of the year, an unexpended ed balance) balance, arising from fines, penalties or forfeitures received overseers to for the use of the poor, it shall be the duty of the overseers Sheriff re¬ ceiving fines, &c. for the use of the poor, to pay over to the ACTS OF ASSEMBLY. 787 to pay all such fines, penalties and forfeitures, as may have pay to super- been received by them, and such unexpended balance to visors, except, the supervisors of the highways, to be applied to the repair &c * of the public roads in such district, unless the township au¬ ditors shall judge it necessary that the whole or part thereof should be retained as a fund for the use of the poor. XLII. If any overseer shall neglect or refuse to perform Penalty on any duty enjoined upon him by law, and not otherwise provided overseers fail- for, he shall be liable to an indictment for a misdemeanor, JjJ|.to perform and shall be punished by a fine not exceeding one hundred 1 ieir u ies * dollars, at the discretion of the court, to be recovered by the process thereof. XLIII. The several fines, forfeitures and penalties and How penal" other sums of money imposed or directed to be paid by this ties are to be act, and not herein directed to be otherwise recovered, shall rec °vered. be levied and recovered by distress and sale of the goods and chattels of the delinquent or offender, by warrant, under the hand and seal of any one magistrate of the city or county where such delinquent or offender dwells, or where such goods and chattels may be found, and after satisfaction made of such fines, forfeitures and penalties, and sums of money, together with the legal charges? on the recovery thereof, the overplus, if any, shall be returned to the owner of such goods and chattels, his executors or administrators. XLIY. If any person shall be aggrieved by the judgment Appeal to of any one or more magistrates in pursuance of this act, he the Court of may appeal to the next court of Quarter Sessions for the Quarter Ses- county in which such magistrates reside, (except in cases sions > &c * herein before specially provided for,) whose decision in all such cases shall be final and conclusive. XLV. The word “district,” in this act, shall be construed Definition of and taken to mean “township” and “borough,” and every the word other territorial or municipal division, in and for which officers “district,” and charged with the relief and support of the poor are directed saving as to all or authorized by law to be chosen, but nothing in this act J^alprovisfons contained shall be taken to repeal or otherwise interfere with s any special provision made by law for any city, county, town¬ ship, borough, or other territorial or municipal divisions. XLVI. It is hereby declared to be the meaning of the third Directors of section of the act entitled “An act to provide for the erec- t ° 0 f n tion of a house for the employment and support of the poor C ounty"ohave in the county of Washington,” approved the sixth day of power, on April, Anno Domini, one thousand eight hundred and thirty, certain condi- that the directors of said institution have power to bind out bmd as apprentices such poor children as may come under their c 11 ren ou ’ notice, according to the directions of said act, without the approbation and consent of two or more magistrates. 788 ACTS OF ASSEMBLY, Repealing clause. XLVII. That all laws hereby altered or supplied, so far asf are inconsistent with this act, are hereby repealed. 76 Passed 13th of June, 1836. See Pamphlet Laws of Penn . session of 1835-36, page 539-51. An Act for the prevention of injuries to individuals by the gross negligence, or wilful misconduct of stage drivers and others. I. Be it enacted , S$c. That from and after the first day of Remedy for July next, if any person within this commonwealth shall be- personsapne- come injured, either in person or property, through or by rea- duct ofdrivers son °f g ross negligence or wilful misconduct of the driver of stages, &c. of any public stage, mail coach, coachee, carriage or car em¬ ployed in the conveyance of passengers, or through or by reason of the gross negligence or wilful misconduct of any engineer, or conductor of any locomotive engine, engaged in the transportation of passengers, or of goods, wares, mer¬ chandise or produce of any description, such driver, engi¬ neer or conductor, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall for every such offence, be Penally. punished by a fine, not exceeding fifty dollars, and imprison¬ ment in the jail of the county wherein such offence shall have been committed, for any length of time not exceeding six months, at the discretion of the court: Provided, That Proviso. the provisions of this act shall not interfere with the civil remedies against the proprietors or others, to which the party injured may by law be now entitled. 77 Passed 1st of April, 1836. See Pamphlet Laws of Penn, session of 1835-36, page 427. 7 6 For the general laws for the relief and support of the poor, previous to the passage of the act in the text, see ante, p. 60-65, and the notes attached thereto; and the appendix, No. 14, ante, p. 311-330. All the provisions of those several acts, so far as relates to “ the support and employment of the poor,” are herein supplied— leaving their provisions, with regard to the appointment or election of overseers of the poor, their qualifications, responsibilities, &c. in full force. 7 7 This act may be considered as supplementary to the act of the 6th of March, 1820, “ relative to the owners and drivers of public stages, and other carriages for the conveyance of passengers, and for other purposes;” see ante, p. 45-6. That act gives a remedy to the party aggrieved, to recover the penalties prescribed before any alderman or justice of the peace, in the same manner as debts not above one hundred dollars are recovered—one half of the penalties recovered to be paid into the county treasury, &c. The act in the text goes further, and renders offenders liable to indictment, and to a limited punishment by fine and imprisonment, at the discretion of the court. For the ordinance regulating persons riding, and of the dri¬ vers of drays, carts, carriages and horses, in and through the city, see ante, p. 95-98. ACTS OF ASSEMBLY. 789 Resolution relative to the collection of the State Tax. Whereas, although the law levying taxes on real and per¬ sonal property for the use of the state, will expire on the p ream bi e . twenty-fifth day of March next, yet it appears by the report of the state treasurer, made to the legislature at the present session, that those taxes are estimated in the receipts of the current year, at two hundred and eight thousand, nine hun¬ dred and sixty-three dollars and three cents, and that the same would have been collected from the people, notwith¬ standing the expiration of said law, but by the passage of the late act entitled “ An act to repeal the state tax on real and personal property, and to continue the improvements of the state by canals and railroads, and to charter a state bank, to be called the United States Bank,” the treasury will be supplied in lieu thereof, and it is thereby rendered unnecessary to demand the payment of the same from the citizens of this commonwealth; Therefore, Resolved , Sfc. That the secretary of the commonwealth Secretary of be directed to give notice to the commissioners of the several Common’lth counties of this state, that they are not required to collect the S lve notice state tax for the year A. D. eighteen hundred and thirty-six, j s nofto^be* which has been, or may be assessed for state purposes, since collected. October last, under the act entitled u An act assessing a tax on personal property, to be collected with the county rates and levies, for the use of the commonwealth,” and “ An act to increase the county rates and levies, for the use of the commonwealth,” passed the twenty-fifth day of March, A. D. eighteen hundred and thirty-one, and if collected, the same should be refunded, and that he cause said notice to be pub¬ lished in at least two newspapers in each county, where two such papers are published, and where but one paper is published, then in such paper, for three weeks in succession, the costs of publication to be paid from the county treasury respectively, but if no paper be published in any county, then Notice to be in such manner as shall best promote the object of this reso- & lven in the lution.7 8 newspapers. Passed 10th of March, 1836. See Pamphlet Laws of Penn, session of 1835-36, page 832. 7 8 For a general statement respecting appropriations, taxes, &c. see in appendix, “ Common Schools and a General System of Education,” heretofore referred to, ante, p. 684. For the act “ to consolidate and amend the several acts relative to a general system of education by common schools,” see ante, p. 726-35, and Pamph. Laws of Penn, session of 1835-6, p. 525-34. 790 ACT OF CONGRESS. Resolution requiring the President, Faculty and Trustees of Colleges, and Trustees or Managers of Academies or Schools, (other than Common Schools,) to make certain reports to the Superintendent of Common Schools. I. Resolved , Sfc. That on or before the first day of Novem¬ ber, annually, it shall be the duty of the president, faculty and trustees of each university or college, and the preceptor, trustees or managers of each academy or school, other than common schools, having received aid from this common¬ wealth, to report the number of students in each class, and the total number of graduates, if any, course of studies pursued, financial resources and expenses, the future pros¬ pects of their several institutions, accompanied with such remarks as may illustrate their general condition, to the su¬ perintendent of common schools, so much of which it shall be his duty to lay before the legislature, in his annual report, as he may deem proper. Passed 1st of April, 1836. See Pamphlet Laws of Penn, session of 1835-6, page 842. A Supplement to the “Act to enable the Governor to appoint Nota¬ ries Public, and for other purposes.” The Gov au- That tbe Governor be, and he is hereby authorized to thorized to ap- appoint four additional notaries public in the county of Alle- point four ad- gheny, one of whom shall reside in the borough of Allegheny, ditional nota- an( ] one j n the borough of the Northern Liberties, who shall AU S Wlc for hold their offices only during the continuance of their resi- eg ieny co. j ence * n ^ sa ^ b oroU gi ]S respectively, under the restrictions Where to re- and provisions contained in the act to which this is a supple- side. ment, excepting, only, so much of the first proviso in the se¬ cond section of said act, which limits the number of notaries r . . public in the county of Allegheny, which part of said proviso, rflrtoi original -■ *11 1 i act repealed. and no more > 1S hereb y repealed. Passed 14th January, 1834. See Pamphlet Laws of Penn, session of 1833-34, pages 6 and 7. ACT OF CONGRESS. A Resolution providing for the distribution of weights and measures. Resolved , &$c. That the secretary of the treasury [of the United States,] be, and he is hereby directed to cause a com¬ plete set of all the weights and measures adopted as standards, and now either made or in the progress of manufacture for the use of the several custom houses, and for other purposes, Trustees of colleges, &c. to make re¬ port, &c. Duty of su¬ perintendent of common schools. ACT OF CONGRESS. 791 to be delivered to the governor of each state in the Union, or such person as he may appoint, for the use of the states res¬ pectively, to the end that an uniform standard of weights and measures may be established throughout the states. 7 9 Approved 14th June, 1836. See Pamphlet Laws of the V . S. 1st ses¬ sion of the 24th Congress, page 255. 7 9 See the act “to fix the standards and denomination of measures and weights in this commonwealth,” passed 15th of April, 1834, ante, p. 719-22. Previous to the passage of this act, the only regulations in general force, on the important sub¬ ject of weights and measures , were the acts of 1700, and of the 29th of March, 1813. See ante , p, 50-52, and note appended thereto. By the provisions of the act of the 15th of April, 1834, it is made the duty of the governor to procure, within three years thereafter, for the use of the commonwealth a cast brass standard gallon and bushel, and an authenticated copy of the Troy pound of the mint of the U. States, and also of other measures of length and capacity, to be deposited in the office of the secretary of the commonwealth for preservation. The 9th sect, of the act pro¬ vides for the delivery, within three years, to the commissioners of the several coun¬ ties, of positive standards of measures of length, capacity and weight, to be duly stamped, &c. to be used as standards for the adjusting of weights and measures, and for no other purpose. These standard weights and measures are to be furnished by the governor to the commissioners of each county, at the charge of the counties res¬ pectively. By the resolution of the 14th April, 1835, ante, p. 723, the expense of procuring the original standards of weights and measures, is to be paid out of the state treasury, so that there exists no longer any excuse why correct standards of weight and measure may not be in general use by May, 1837. The truth is, that all pretended standards of weight and measure, heretofore and still in common use, are of a most arbitrary character, and differ in almost every case of trial—a mischief loudly calling for a remedy, particularly when it is considered that forfeitures, fines and penalties are daily imposed and submitted to under such variant regulations— evidencing fraud on one hand and gross injustice on the other. To the statutory regulations of the state, the resolution of Congress, in the text, comes very oppor¬ tunely in aid; and when its provisions are complied with, we shall have in Pennsyl¬ vania, what we have never had before, a uniform standard of weights and measures . It is the imperative duty of the city authorities to see that the provisions of those laws are strictly complied with. For the standard weight of grain of all descriptions, and of foreign salt, see ante , p. 43, and Index, ante , p. 507. In the collection of tolls on the Pennsylvania canals and rail roads, all articles are to be charged at their exact weight; but when not weighed, the annexed articles are to be computed as follows—according to the re¬ gulations of the Board of Canal Commissioners, established and published by their authority, in 1833. See Parke $f Johnson's Dig. p. 101. lbs. Ashes, pot and pearl, Beef, salted, - Brick, Barley, - Buckwheat, Corn, Flour, Fish, salted, Heading for barrels, Do. for hogsheads, Hoop poles for barrels, 45 56 212 300 4500 5600 -' -- 5600 Do. for hogsheads, do. 11200 Lime, - - - per bushel, 80 Limestone, per perch of 25 cu. ft. 4000 per barrel, 320 do. 280 per 1000, 4500 per bushel, 45 do. do. per barrel, do. per 1000, do. do. lbs. Liquors of all kinds, per barrel, 300 Oil of all kinds, - do. 280 Oats, - - - per bushel, 30 Oysters, - - - do. 75 Pork, salted, - - per barrel, 280 Rosin, - - - do. 280 Rye, - - - per bushel, 56 Seed clover, & all other kinds, do. 56 Staves for pipes, - per 1000, 5600 Do. for hogsheads, do. 4500 Do. for barrels, - do. 3750 Stone unwrought, per per. 25 cu. ft. 3750 Tar, - per bbl. of 28 gallons, 320 Wheat, - - - per bushel, 60 792 CITV LOAN. CHAPTER CCXXVI. An Ordinance increasing the rents of stalls in the Diamond Market, &c. &c. Rents of stalls !• That from and after the expiration of the present year, in the Dia- the yearly rents of the inside stalls in the Diamond Market mond Market shall be as follows, viz: the twenty-four stalls, Nos. 1,2, 5,6, ed e Jftfr a ?836 X ' 7 ’ 8 > 10 > 12 ’ 13 ’ 14 > 17 » 18 > 19 > 20, 23, 24 > 25, 26, 29, 30, ’31, 32, 35 and 36, now rented at forty dollars, shall be fifty- two dollars and fifty cents. The twelve stalls Nos. 3, 4, 9, 11, 15, 16, 21, 22, 27, 28, 33, 34, now rented at thirty-five dollars, shall be forty-five dollars; and the seven stalls Nos. 1, 2, 3, 4, 5, 6 , 7, in the north west end of the Diamond mar¬ ket, now rented at thirty dollars, shall be at thirty-five dollars each, the rents to be paid in advance as heretofore provided for; also, the present occupants to be entitled to a preference in the renting of the stalls aforesaid. Repealing H. That so much of an ordinance, passed the 27th day of clause. May, 1833, as fixes the stall rents aforesaid, and requires them to be sold to the highest bidder, be, and the same is hereby repealed, and no more. 80 Passed 1st August, 1836; and recorded 5th August, 1836, in Book A. page 231. CHAPTER CCXXVII. An Ordinance entitled an ordinance authorizing the Mayor to bor¬ row thirty thousand dollars, in order to raise money to pay off a loan, and for other purposes. Mayor author- I. That the mayor be and he is hereby authorized to bor- izedto borrow row the sum of thirty thousand dollars, on an interest of five $30,000. p er cen j. p er annumj payable half yearly on the first days of Interest 5 p. ct. January and July thereafter, at the Bank of the United States at Philadelph-a. Said loan to be redeemable on the first day Certificates to of August, eighteen hundred and sixty-six; for which upon be issued, &c. payment of the whole amount into the city treasury, a certifi¬ cate shall be issued under the seal of the corporation, and countersigned by the city treasurer, which certificate shall be transferable by endorsement thereon, made in the presence of s o This ordinance repeals the 3d and 4th sects, of chap. 175, ante , p. 661-2; and, in place of disposing of the stalls to the highest bidder, designates the numbers of the stalls and the yearly rent of each, giving to all present occupants complying with the terms a preference in their applications, and leaving the duties of the clerk of the market in the collection of the rents as before particularized. See note 4, ante , p. 662. LOTS OF GROUND. 793 the treasurer of the city, or in the presence of the cashier of the Bank of the United States, in Philadelphia. II. That the faith, credit, funds, revenue and corporate p r0 p er ty 0 f properly of the city, be, and they are hereby solemnly pledged, corporation for the payment of the sum hereby authorized to be borrowed pledged forre- as aforesaid, and for the interest of the same. payment. III. That so much of an ordinance passed the 27th day of Former ord; July, 1835, as authorized the mayor to negotiate a loan for n!mces> cha p 3 . eleven thousand dollars, to pay for the purchase of a lot of 207 and 216, ground from John Maitland; and an ordinance passed the repealed. 29th February, 1836, authorizing the mayor to borrow thirty thousand dollars, to pay off a loan, and for other purposes, be, and the same are hereby repealed. 81 Passed 1st August, 1836; and recorded 5th August, 1836, in Book A. page 232. CHAPTER CCXXVIXI. An Ordinance providing for the purchase of two pieces of ground on Holmes’ Hill, in the manor of Pittsburgh, containing together five acres, eighty-one perches, and one hundred and eighty-one feet. I. That the mayor be, and he is hereby authorized and Mayor to issue empowered to issue a certificate of debt under the seal of the cert, of loan to corporation, to George A. Cook, for the sum of eight thou- for $8896 ° 7 °^ sand, eight hundred and ninety-six dollars and seventy-five Ior ^ 1 cents; bearing an interest of six percent, per annum, from Int 6 t the 13th May, 1836, payable half yearly at the office of the a nn. payable j treasurer of the city; which certificate shall be signed by the yearly at the mayor, and countersigned by the treasurer, and shall be trans- Clt y treasury, ferable by the said George A. Cook, his assigns and their le¬ gal representatives, at the office, and in the presence of the treasurer of the city, and shall not be redeemed or paid off by the city, before the 13th May, 1856, without the consent of the holders thereof. II. That the faith, credit, funds, revenue, and corporate p roper ty 0 f property of the city, be and they are hereby solemnly pledged corporation for the amount of the aforesaid certificate and for the pay- pledged for re- ment of the interest accruing thereon. 82 payment. Passed 26th September, 1836; and recorded 29th September, 1836, in Book A. page 233-4. 8 1 This ordinance repeals entirely chap. 207, ante, p. 700; and chap. 216, ante t p. 707-8. See statement, post, in the appendix, entitled “Public Loans and City Debt ” 8 2 See statement, post, in the appendix, entitled “Public Loans and City Debt 794 WATER WORKS. CHAPTER CCXXIX. An Ordinance changing the places of holding the general and city elections for the East and South Wards of the city of Pittsburgh, caused by the occupants of the houses now authorized for holding the same, declining to have said elections held therein. I. That hereafter the elections for state and county, as well Places fixed as f or c j[y officers, shall be held in the East and South Wards eneral & § cily di l ^ e f°^ ow ^ n g places, viz: in the East Ward at the house elections in E. now occupied by Michael Smith, in Liberty street, facing and S. wards. Hand street: in the South ward at the house now occupied by William J. Lyon, comer of Third and Grant streets. Repealing II. That so much of any ordinance as is hereby altered or clause. supplied, be and the same is hereby repealed . 83 Passed 26th September, 1836; and recorded 29th September, 1836, in Book A. page 233. CHAPTER CCXXX. An Ordinance, supplemental to an ordinance regulating the distri¬ bution of water, and for the protection of the water works of the city of Pittsburgh, passed the 23d of February, 1829. Model iron I. That the superintendent of the water works shall pro¬ stop cock box cure? under the direction of the water committee, an iron no other d sto P coc ^ ^ox, an< ^ k ee P ^ ie same at water W01 'ks as a model; and that all stopcock boxes hereafter placed in any of the streets, alleys, or squares of the city, shall be constructed in conformity with said model; and in case any person shall neglect or refuse to provide and place such box, or shall use Penalty. one of a different model, he shall, for every such offence, for¬ feit and pay the sum of ten dollars . 84 Passed 26th September, 1836; and recorded 29th September, 1836, in Book page 232-3. 8 3 This ordinance repeals, in part, chap. 211, ante, p. 704-5. The general and city elections will therefore be held as follows .—North Ward, at the Washington Coffee House, corner of Penn and St. Clair Streets —South Ward, at the house of William J. Lyon, corner of Third and Grant Streets —East Ward, at the house of Michael Smith, in Liberty, facing Hand street—and West Ward, at the Court House, in the Diamond. 84 This ordinance is supplementary to chap. 125, ante, p. 518-22. The follow¬ ing resolutions were passed by the water committee of councils, on the 18th of March, 1836:—- Resolved, That the assessor and register of water rents be, and he is hereby au¬ thorized and directed to enter into separate contracts for supplies of hydrant water for building purposes; and to grant permits for using the same, conditioned, that the tax agreed on and specified, shall be paid within three months thereafter; pro¬ vided that no permit shall be granted to any person in arrears for water tax. Resolved , further; that the assessor shall fix the rate of charges for water, used in building, as follows, as nearly as he can estimate them: GAS WORKS. 795 CHAPTER CCXXXI. PITTSBURGH GAS WORKS. Terms upon which the Public will be supplied with Gas , by the Trustees of the Pittsburgh Gas Works . 1. An application for a supply of gas must be made in per- A |j cat - ong soil, at the office of the trustees; the applicant, signing the fo / gaSj how regulations, and stating the probable number of burners that made. he may require. 2. Gas will be supplied by the meter, whenever practica- Mannerofsup ble, or by special contract in writing, conforming as near as plying gas by may be, to the rates hereinafter mentioned; and should the contract, meters be found defective, they will be immediately chan¬ ged; and in case of their ceasing to register the quantity of gas consumed, the account will be made by the average of another meter, or by the amount charged during a previous corresponding period. 3. The trustees, whenever they shall deem it expedient, Security to be may require security for the payment of the gas expected to given if requi- be consumed, or the deposit of a sum, in advance, to secure re themselves against loss. 4. The service pipe, from the main to the inside of the Service pipes building to be lighted, will be laid, and the meter furnished and meters to by the trustees, without cost to consumers, where three lights f urnis hed or more are required; except where gas is contemplated to °* be used for short periods, or during only a portion of the year; in such instances, the service pipe and meter must be paid for by the consumer, or leased from the trustees, as may be agreed upon by the parties. 5. The tubing and fitting for conveyance of gas within the Fixtures to be walls, after it has passed the meter, will be put up by the pu t up by the trustees only, at the expense of the consumer or proprietor of company at the premises; and a rent equal to 15 per cent, on the value ^ ®*P ense charged, until said fittings are paid for. Provided, that no rent ^ers ° nsu * shall be charged when the bill is paid within ten days after it is rendered. 6. When the value of the fixtures does not exceed one hundred dollars, the applicant, if a tenant, may either pay for the same, or pay an annual rent, equal to 15 per cent, on cost; tec j on certain but in all cases the charges for glasses furnished and for la- conditions, bor in fitting up the fittings, must be paid for, as soon as the work is completed and bill rendered. Provided, that no fit- For Stone Work, per perch, .... 4 cents. ” Brick Work, per thousand, - 6 “ “ Plastering, with 3 coats, the same as brick, 6 cents per thousand. All applications to use the hydrant water, for building purposes, must be made to the assessor of the water rents. 796 GAS WORKS. tings will be rented on any premises, unless the owner or landlord shall first agree to release said fixtures from any lia¬ bility for rent of said premises, and permit their removal. Privilege of 7. Persons using gas shall at any time have the privilege of purchasing. purchasing from the trustees, all fittings put up and rented. Right of exam- 8. The trustees shall, at all times, by their authorized ination of pre- agent, have the right of free access into the premises lighted mises reserv- w j t j 1 g as? f or q ie p Ur p 0 se of examining the whole gas appara¬ tus, or for the removal of the meter and service pipe. Notice of re- 9. The tenant of any premises using gas, shall give at least moval to be gi-three days written notice whenever he is about to move, that ven by tenants the gas may be stopped and the fittings removed if on rent, ot houses. or w p| rema j n liable for any gas that may pass through the meter, until such notice is given. Manner of as- 10. The quantity of gas consumed will, in all cases, be as¬ certaining the certained in the manner prescribed in the second article of consunfed^ ^ t ^ eS8 ru ^ es ? an ^ the bill rendered on the first days of March, consume . j une? September and December, unless otherwise directed by the trustees. Gas to be stop- H- In default of payment for gas consumed, and rent or ped in certain cost of fitting, within ten days next after the quarter days cases. mentioned in the tenth article, or in case of a leak or injury done the meter or pipes within the premises of any consumer, the flow of gas shall be stopped until the bill is paid or the necessary repairs are made. 12. The price of gas shall be at the rate of three dollars on 1 which gas S P er 1900 cubic feet, and a discount of five per cent, will be is to be furnish- allowed on the amount of all bills paid at the office of the trustees, within three days after presentation. 13. The trustees reserve to themselves the right, at any time, to cut off the communication of the service pipe, if they shall find it necessary to do so, in order to protect the works against abuse or fraud. Read in councils, and approved of by a unanimous vote, September 26th, 1836. 8 5 E. J. ROBERTS, Clerk Common Council . ALEX’R. MILLAR, Clerk Select Council . 8 5 Gas Lighting.— The Trustees of the Pittsburgh Gas Works give notice, that the present state of forwardness of the works is such as to warrant the belief that they will be prepared to furnish gas to the private consumers, early in December, and as considerable delay must take place in putting up fittings in private establish¬ ments, they request those persons who intend having the gas introduced, to give early notice to the works, that due preparation may be made. The terms upon which gas will be supplied, as approved by the select and com¬ mon councils, may be ascertained upon application at the Gas Works. S. V. MERRICK, Engineer. Pittsburgh, October 31,1836. ed. Reserved rights of the trustees. Confirmation. DOGS', 797 CHAPTER CCXXXIl. An Ordinance concerning Dogs. I. That the mayor of the city be, and he is hereby autho- ^ ssessf)r rized and required to appoint a suitable person whose duty it dogs t0 be shall be to assess the owners of dogs within the city of Pitts- pointed, burgh such sum or sums as are hereinafter directed. II. That the assessor of dog tax shall, on or before the first Assessment to day of March, of each and every year, make a return under be ret ’ d annu - oath, of assessment to the treasurer of the city. t0 t,easurer * III. That the assessor of dog tax shall be paid for his ssr- Salary, vices, seventy-five dollars yearly. IV. That each and every householder within the city of Amount of an- Pittsburgh who may be owner or possessor of a dog or dogs Qn a do as s s ^p Sm t shall be assessed yearly at the period hereinbefore named, to e " and required to pay the collector of city taxes two dollars for householders, the first, and four dollars for each and every dog beyond the first. V. That in each and every case in which the owner or pos- Assessment on sessor of a dog or dogs is a resident only, and not a house- dogs owned by holder in the city of Pittsburgh, such resident shall be assess- residents, not ed and shall pay to the collector of city taxes, five dollars householders, yearly for each and every dog by him owned or possessed, within the city. VI. That each and every owner or possessor of a female Assessment on dog or dogs, shall be assessed and shall pay yearly to the col- f ema l e dogs, lector of city taxes, for the first female dog six dollars, and for every one beyond the first, ten dollars. VII. That it shall be the duty of the collectors of city Taxes to be taxes, to collect the tax hereinbefore directed to be assessed collected the on dogs, on the same terms that the collection of other city s ^ me as ot her taxes is made. J VIII. That if from any cause the assessment of the owner of p rov j so f or re _ any dog or dogs be omitted, it shall be the duty of such own- gisteringin ca- er to pay the tax hereinbefore directed, to the treasurer of ses of non-as- the city, who shall register the name of such owner and give sessm ent. him a certificate of said registry; and it shall not be lawful for any person or persons, to place a collar on any dog or dogs, unless the tax shall have been paid on said dog or dogs, for the current year, under a penalty of not less than ten, nor p ena py f or e . more than twenty dollars for each offence, to be recovered and vasions of the applied as other fines under the city ordinances are recovered law. and applied. IX. That so much of any ordinance as is hereby altered Repealing or supplied, be, and the same is hereby repealed. 86 clause. Passed 7th November, 1836; and recorded 10th November, 1836, in Book A. page 234. 8 6 This ordinance repeals in part, chap. 153, ante , pages 576-77—which, before the passage of the ordinance in the text, was the only ordinance in force on the sub¬ ject of dogs, and of dogs running at large. 798 GAS WORKS. CHAPTER CCXXXIII. An Ordinance supplementary to the several ordinances relative to the Pittsburgh Gas Works. 600 additional !• That the trustees of the Pittsburgh Gas Works be, and shares of gas they are hereby empowered, to create additional stock to an stocktobecre- amount, not exceeding in the whole, six hundred shares of fifty dollars each: said stock shall be disposed of by the city treasurer, after public notice, in conformity with the regula¬ tions prescribed by the ordinance of the 27 th of April, 1835, To be sold at and the several supplements thereto. If, however, after such public sale--& p U bl ic notice, the whole, or any part of said additional stock for^wan^oT ^ remain unsold, for want of bidders, the treasurer may bidders. dispose of the same, at private sale, on the best terms that can be obtained. Provided , That no share be sold for less than its par value. To be laced ^ iat sa * I( ^ additional stock shall be placed, in every on the same res P e ct, on the same footing as the stock authorized by the footing as for- ordinance of the 27th of April, 1835, and the several supple- mer gas stock, ments thereto. 87 Passed 13th December, 1836; and recorded 16th December, 1836, in Book A. page 235. CHAPTER CCXXXIV. An Ordinance supplementary to an ordinance passed 27th April, 1835, for the construction and management of the Pittsburgh Gas Works, and a supplement thereto, passed 3d March, 1836. Interest on gas That the interest guaranteed to the stockholders in the stock to be pd. Pittsburgh Gas Works as specified in the fifth section of an semi-annually, ordinance, supplementary to an ordinance, &c. passed 3d of March, 1836, shall be paid to the several stockholders or their First payment j e g a | attorney, on the first days of February and August, com¬ pel 1837 ^ S mencing the first day of February, 1837. Provided , That no stockholder shall be entitled to any interest, unless the Proviso. whole amount of instalments duly called for, shall first have been fully paid into the city treasury. 8 8 Passed 3d January, 1837, and recorded 11th January, 1837, in Book - A. pages 235. 8 7 For ordinance of 27th April, 1835, see chap. 198, ante, p. 685-89. See, also, chap. 219, passed 10th March, 1836, ante, p. 710-11, and appendix, No. II. entitled u Public Loans and City Debt.” 8 8 For the ordinance passed 27th April, 1835, see chap, 198, ante, p. 685-89; and for the ordinance passed 3d March, 1836, see chap. 219, ante, p. 710-11. STREET COMMISSIONERS. 799 CHAPTER CCXXXV. An Ordinance providing for the appointment of street commission¬ ers. I. That, hereafter, there shall be appointed, annually, in the Q ne st> com# same manner as other city officers, one street commissioner, and one assis- and one assistant street commissioner: And that the salary t ar »t do. to be of the street commissioner shall be six hundred dollars per an- e ^ ectec * ann * num, and the salary of the assistant street commissioner shall The 1st to re- be five hundred dollars per annum; both payable quarterthe V 2dS500 & yearly, as other city officers are paid: And that said officers, per ann . before entering upon the duties of their respective offices, shall Q ath to be ta _ take the oath prescribed by law, and shall give bonds in the ken and bonds sum of two thousand dollars, each, conditioned for the faith-to be given ful performance of their respective duties: Provided , That if each in $2000. the commissioners, or either of them, neglect to give the se- curity required by this ordinance, for one week after their “ r0VIS0 * election, the mayor shall communicate the same to the res¬ pective councils, who shall, at their next meeting, elect one or more, as the case may require. II. That so much of any ordinance as is hereby altered or Repeal of for- supplied, be and the same is hereby repealed. 8 9 mer ord. Passed 17th January, 1837. 8 9 This ordinance was passed on the 17th of January, 1837, and published in the newspapers, within the limited time, but not having been recorded in the recorder’s office of Allegheny county within thirty days after its passage, according to the pro¬ visions of the 6th sect, of the act incorporating the city, the same is null and void. See ante, pages 13-14 and, also, ante, pages 206-7. ■ ' ’ * , : t ; - . * * APPENDIX.—No. I CITY OFFICERS. List of the Mayors, Recorders, Aldermen, &;c. of Pittsburgh, from the incorporation of the City, March 8, 1816, to January 1, 1837. MAYORS. Ebenezer Denny, John Darragh, John M. Snowden, Magnus M. Murray, Matthew B. Lowrie, Magnus M. Murray, Samuel Pettigrew, Jonas R. M’Clintock, Elected, July 9th, 1816, resigned, July 23d, 1817. do. July 31st, 1817, do. June 20th, 1825. do. June 28th, 1825, served till, Jan. 8tb, 1828. do. Jan. 8th, 1828, do. Jan. 12th, 1830. do. Jan. 12th, 1830, do. Jan. 11th, 1831. do. Jan. 11th, 1831, do. Jan. 10th, 1832. do. Jan. 10th, 1832, do. Jan. 15th, 1836. do. Jan. 15th, 1836, Acting. RECORDERS. Charles Wilkins, junr. Appointed, 24th June, 1816, died August 28th, 1818. Charles Shaler, - * do. 7th Sept. 1818, resigned, June 13th, 1824. Ephraim Pentland, - do. 6th July, 1824. Acting. ALDERMEN.* Ebenezer Denny, John Darragh, William Steele, Philip Mowry, Lazarus Stewart, - Thomas Enoch, Phillip Gilland, *James Young, Appointed, 1st April, 1806, died, July 23d, 1822. * 4th July, 1807, died. May 14th, 1828. 1 29th March, 1808, removed from the city in 1819. ‘ 4th July, 1808, resigned, Feb. 1817. ‘ 5th Nov. 1808, elected Sheriff, Oct. 1816. < 4th March, 1809, died, 5th Feb. 1830. ‘ 15th January, 1810, died, Oct. 6th, 1821. 4 22d March, 1813. Acting. * By the 8th sect, of the act of incorporation, ante, page 14, the persons commis¬ sioned and acting a.s justices of the peace, prior to that act, were made aldermen, with¬ out any new commission, and an additional number appointed to make the number twelve; and the governor was authorized to fill up and supply all vacancies occurring by death, resignation, removal from the city, or otherwise, limiting the number to twelve; from which number the Mayor of the city was to be chosen annually, on the second Tuesday of January, viva voce, by the select and common councils, in joint meeting assembled. Those marked, thus, (*) are at present the twelve acting alder¬ men ; and James Young, Esq. is now the only alderman of the city originally com¬ missioned as a justice of the peace. By a recent act of assembly, passed on the 26th December, 1833, (see ante, page 702,) the citizens are authorized to choose the Mayor, either from among the body of aldermen, or from the citizens qualified to serve as members of the house of representatives of this commonwealth; and the elections for that officer are held in the several wards of the city, annuallv, on the second Tuesday of January. 122 802 APPENDIX. Robert Graham, - John Hannen, John M. Snowden, Matthew B. Lowrie, George Steward, - Richard Robinson, William Lecky, - ^Robert Christy, - Ephraim Pentland, *Magnus M. Murray, Robert Simpson, - Thomas Cooper, - *Chas. Von Bonhorst, *Dennis S. Scully, John Wilson, Charles H. Israeli, Appointed 26th January, 3814, died, fall of 1820. ‘ 24th June, 1816, resigned, June, 1826. 1 24th June, 1816, removed from the city, June, ’28. ‘ 24th June, 1816, resigned, July, 1829. ‘ 12th March,’37, do. Dec. ’18, died, 3d Ap. '31. ‘ 18th March, ’17, do. Feb. ’20, d’d, 16 Dec. ’28. ‘ 9th Jan. 1819, elected sheriff, Oct. 1825. 1 30th March, 1820. Acting. 1 27th Nov. 1820, resigned, 11th July, 1824. 1 8th March, 1821. Acting. 1 3d April, 1821, resigned, March, 1829. ‘ 17th October, 1822, removed from city, Ap. 1834. * 3d August, 1824. Acting. * 1st December, 1825, do. ‘ 14th July, 1826, died, 29th Nov. 1832. ‘ 21st May, 1828, resigned, July 1829. William Steele, Re-appointed 26th July, 1828, died. 25th Dec. 1830. ^Matthew B. Lowrie, - * 23d July, 1829. Acting. ^Charles H. Israel, - ‘ 23d July, 1829. do. *Lazarus Stewart, - 1 15th August, 1829. do. *Francis Bailey, - Appointed 1st June, 1830. do. ^Samuel Pettigrew, - ‘ 16th February, 1831. do. John Hern, - - 1 6th December, 1832, died 14th Jan. 1833. William C. Enos, - 1 31st January, 1833, removed to Ill. Nov. 18, 3836. *Leonard S. Johns, - * 8th April, 1834, Acting. *David Drennan, - * 23d Nov. 1836. do. CLERKS OF THE MAYOR’S COURT. John Gilland, - Appointed 24th June, 1816, superseded, 3d March, 1818. Felix Brunot, junr. 1 3d March, 1818, resigned, 4th March, 1819. Silas Engles, - - . ‘ 15th March, 1819, superseded, 8th Feb. 1820. George Cochran, of Rd. - ‘ 8th February, 1820, do. 9th Jan. 1824. Silas Engles, Re-appointed 9th January, 1824, died, July 17th, 1827. Samuel A. Roberts, Appointed 23st July, 1827, superseded, 4th Feb. 1836. Thos. L. M’Millan, - - 4 4th February, 1836, Acting. NOTARIES PUBLIC. Appointed, 30th June, 1817,^ 15th May, 1821, ‘ 6th Feb. 1833, all acting. 6th Feb. 1834, j 3d Sept. 1834. j M. Lowry, (Northern Liberties,) Appointed, 6th Feb. 1834, Acting. Robert A. Campbell, (Alleghenytown,) * 6th Feb. 1834. do. Matthew B. Lowrie, John Snyder, - James S. Craft, Charles H. Israeli, Robert H. Douthitt, CITY OFFICERS—1836. Mayor, - City Treasurer, Wharf Master, - City Gauger, Recording Regulator, Regulators of Streets and Lots, Street Commissioner, Clerk of the Markets, Weigh Master of the Markets, JONAS R. M’CLINTOCK. WILLIAM PENTLAND. FLORENCE COTTER. JAMES FULTON. Z. W. REMINGTON. SAMUEL W. KERR, LEWIS KEYON WILLIAM ALEXANDER. JOHN BYRNE. ALEXANDER HAY. APPENDIX. 803 Weigh Master at Hay Scales, - CHARLES GLENN. City Assessor, - - - THOMAS PERKINS. Collector of Taxes & Water Rents, THOMAS DICKSON, Collector of Co. Taxes, N. Ward, R. H. KERR, Do. do. E. Ward, ANDREW GETTY, Do. do. S. Ward, WM. GRAHAM, Do. do. W. Ward, WM. DRAKE, Inspector of Salt, - - - JOSEPH CUPPLES, Inspector of Tobacco, - - GEORGE WEYMAN. Inspector of Pot and Pearl Ashes, THOMAS BAKEWELL. Assessor & Register of Water Rents, WEBB CLOSEY. Superintendent of Paving & Grading, WILLIAM BARR. Measurer of Boards, Scantling, &c. GEORGE NEELANDS. do. do. do. ANDREW GETTY. do. do. do. J. M’CLELLAND. do. do. do. J. C. DAV1TT. do. do. do. JOHN CREIGHTON MEMBERS OF THE SELECT COUNCIL, With the periods for which they were elected to serve. 1. JOHN P. BAKEWELL, 2. GEO. W. JACKSON, 3. WILLIAM MACKEY, 4. THOMAS SCOTT, 5. JOHN ARTHURS, 6. GEORGE OGDEN, 7. SAMUEL ROSEBURGH, 8. WILLIAM WADE, 9. JOHN D. DAVIS, 10. MARTIN RAHM, dec’dMay6,1837, S.Ward, 11. WILLIAM PORTER, East Ward, 12. SAMUEL P. DARLINGTON, Preset. N. Ward ALEXANDER MILLAR, Clerk. South Ward, 2d Tuesday of January, 1837. West Ward, East Ward, North Ward, East Ward, South Ward, West Ward, North Ward, West Ward, do. do. do. do. > do. do. do. do. do. do. do. 1838. do. do. do. do. do. do. do. do. do. do. do. 1839. do. do. vacant. do. do. 1839. do. do. do. COUNCIL, ’ January, 1837. North Ward, 1. GEORGE A. COOK, President, do. 2. M. B. MILTENBERGER, do. 3. ROBERT GALWAY, do. 4. HENRY M’CULLOUGH, do. 5. JOHN IRWIN, South Ward, 6. THOMAS ROBINSON, do. 7. ANDREW FLEMING, do. 8. JOSEPH WOODWELL, do. 9. JOSEPH COLTART, do. 10. JOHN M’GILL, East Ward, 11. JOSEPH P. GAZZAM, do. 12. JAMES KERR, do. 13. ROBERT WATSON, do. 14. THOMAS FAIRMAN, do. 15. BENJAMIN WEAVER, West Ward , 16. JOHN B. WARDEN, do. 17. ROBERT H. DOUTHITT, do. 18. REES C. TOWNSEND, do. 19. SAMUEL KELLER, do. 20. EPHRAIM FRISBEE, EDWARD J. ROBERTS, Clerk . 804 APPENDIX STANDING JOINT COMMITTEES OF COUNCILS, FOR 183d 1. On Finance. —Messrs. Davis and Arthurs of the Selcet, and Gazzam, Milters bergerand Fairman of the Common Council. 2. On Water. —Messrs. Wade and Bakewell of the Select, and M’Gill, Douthitt and Townsend of the Common Council. 3. Onthe Canal. —Mr. Mackey ofthe Select, and Galway and Keller of the Com¬ mon Council. 4. On Streets, Grading and Paving. —Messrs. Scott and Porter of the Select, and Warden, Kerr and Irwin ofthe Common Council. 5. On Wharves and Landings .—Mr. Jackson of the Select, and Messrs. Robinson and M’Gill ofthe Common Council. 6. On Claims and Accounts. —Mr, Ogden of the Select, and Miltenberger and Fleming of the Common Council. 7. On IVooden Buildings —Mr. Rahm of the Select, and Messrs. Woodwell and Frisbee ofthe Common Council. 8. On Appeals from City Assessments. —Mr. Roseburgh of the Select, and Messrs. Coltart and Watson of the Common Council. 9. On Fire Companies. —Mr. Wade of the Select, and Messrs. Douthitt and Mil¬ tenberger of the Common Council. 10. On Gas Lighting. —Messrs. Wade and Davis ofthe Select, and Weaver, M’CuI- lough and Watson of the Common Council. 11. On Markets. —Mr, Ogden ofthe Select, and Messrs. Fleming and Woodwell ofthe Common Council. 12. On the City Police. —Mr. Ogden of the Select, and Messrs. Douthitt and Wea¬ ver of the Common Council. 13. Sanitary Committee. —Mr. Bakewell of the Select, and Messrs. Townsend and Keller of the Common Council. 14. Trustees of the Gas Works on the part of the City, chosen on the 1 8th of May. 1836. —Richard Biddle, Esq. President. To serve for three years, Richard Biddle and William Hays, chosen by the Select Council; to serve for two yesrs, chosen by the same, John Caldwell and Thomas Bakewell; to serve for one year, chosen by the same, Benjamin Darlington and William Wade ; to serve for three years, chosen by the Common Council, Christian Anshutz and William W. Irwin ; to serve for two years, chosen by the same, Dr Wdlliam A. Simpson and John W. Johnston ; to serve for one year, chosen by the same, Z. W. Remington and Jonas R. M’CIintock. APPOINTMENTS BY THE MAYOR, FOR 1836. City Solicitor —Edward Simpson. High Constable —John B. Gray. City Constables— James E. Mitchell, James Slicer, Daniel Werts& D. P. Wells. Capt. of the Watch— Conrad Upperman. Lieuts. of do. —David Jewell and Hugh Bateman. Vaccine Physician —Dr. George Bruce. WATCHMEN. No. 1. G. WE Abbot, 2. Henry Kennedy, 3. John Nicholson, 4. Richard Keenan, 5. Alex. Gray, 6. Daniel Kennedy, 7. J. Ferguson, 8. Thomas M’Mahon, No. 9. Clarke Jewell, 10. Jno. Wallace, 11. Wm. Wirtz, 12. John Clemmer, 13. Robert Hague, 14. Robt. Potts, 15. Leo. Snyder, 16. J. Fox. 805 APPENDIX.—No. II. PUBLIC LOANS AND CITY DEBT. to to to to to i oo ^ oa : Hpi tO tO tO < ?? to to — I ^OOOODat^COtO^OOOO^dDgi^COtOi-* ^ ^ 05 * O © 00 ><» o *v* ?? to to _ _ _ JB 0D *Q O 05 g c >-* to cc of CO 05 CD £ H-S* r oo wm v. ~ CO 05 00 CO CO 05 * CO 05 05 • 05 05 05 CO cn 05 05 05 05- C 05 05 CJ CJl o O' Iti. * K)< OI ^ Cn D 00 05 cn I 4^ CO 05 to Cn cn Cn Cn to h WWM'-OC CO CJl 05 CO rfik t Chap, of Ord. cd EL 33 p-V3 g. CD O O O ffq Sroo>§® g O n o 33 p X p • r- 2.vj • *<< to to to CO CO cn M co o o Page of Ord. b’k. 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The whole of this sum was borrowed immediately after the passage of the ordinance, 27th May, 1833, and passed to the contingent fund of that year; (No. 12.) The amount expended, from time to time, up to the 27th September, 1833, when all apprehensions from the cholera ceased, appears by the annual settlement of the city accounts of that year, to have been $3616 94. The balance of the loan, of course, was charged to the contingent fund. See ante , p. 660-61. No. 16. For $15,000, for general purposes, for the use of the city, and to meet pre¬ vious appropriations. $6000 only of this loan, as authorized, was taken; and the authority to borrow the balance was repealed by chap. 190, passed 29th Nov. 1834. See ante , p. 675-78 and notes appended to chap. 191. No. 17. For $10,000, for the purpose of paying the principal and interest due on former loans; one falling due 28th of February, 1824, and the others on the 8th and 13th of August, 1834. $5000 redeemable on the 1st of July, 1837, and $5000 re¬ deemable on the 1st of July, 1838. See ante , p. 670-71. No. L8. For $6000, being the only part taken, of Loan No. 16, as heretofore re¬ ferred to. See ante , p. 675. No. 19. For $75,000, for the purpose of discharging several debts and loans be¬ fore contracted for the use of the corporation. See particularly the notes appended to chap. 191, ante , p. 675-78, in which the several debts provided for are particularly set forth. No. 20. For $5,000, is supplementary to the loan No. 19, increasing that loan to $80,000, for the particular purposes explained above. No. 21. For $50,000, being the amount of 1000 shares of $50 each in the stock of the Pittsburgh gas works; the stock held by individuals, but the interest, payable half yearly, at 6 per cent, guaranteed to the holders of the stock by the city, sub¬ ject to the conditions annexed to ordinance, chap. 198, ante , p. 685-89. No. 22. For $11,000, for the purchase of a lot of ground from John Maitland, for the use of the Pittsburgh gas works; but the same is entirely repealed by the pro¬ visions of chap. 216, passed 29th February, 1836, ante , p. 707-8, and chap. 227, passed 1st August, 1836, ante , p. 792-3. See Nos. 23 and 25. No. 23. For $30,000, to pay off a previous loan, and for other purposes. No part of this loan, as authorized, was taken; and the authority to contract for it w 7 as re¬ pealed by the provisions of chap. 227, passed 1st August, 1836, ante , p. 792-3. No. 24. For $20,000, the amount of 400 additional shares in the stock of the Pittsburgh gas works, according to the terms and conditions specified in chap. 219, passed 3d March, 1836, ante, p. 710-11. No. 25. For $30,000, for the purpose of paying off a former loan, and for other purposes. The whole amount of this loan has been taken, and supersedes the loans authorized by Nos. 22 and 23. No. 26. For $8896 75, to provide for the payment of two pieces of ground, on Holmes’ Hill, in the manor of Pittsburgh, containing together five acres, eighty-one perches, and one hundred and eighty-one feet, purchased of Geo. A. Cook, for the use of the city water works. See chap. 228, passed 26th September, 1836, ante, p. 793. No. 27. For $20,000, authorized by a joint resolution of the city councils, of the 26th September, 1836, for one year, in order to meet the immediate w r ants of the city, as stated. No. 28. For $5000, authorized by a joint resolution of the city councils, of the ]9th November, 1836, for six months, to pay debts due and growing due by the city, under existing contracts for public work, &c. Remarks .—From the tabular statement, it appears, that up to Loan No. 14, the whole amount of money borrowed for the use of the corporation from 6th Februa¬ ry, 1826, to 28th January, 1833, was 179,000; of w T hich sum $20,000 had been paid, leaving a balance of 159,000—$70,000 of wdiich was payable on the 1st of July, 1835. By subsequent loans, so much of this sum of $159,000 w r as paid off, as to APPENDIX. 807 leave the balance due on all the loans, including and up to No. 14, $89,000. The amount actually borrowed, on all the loans from and including No. 15 to No. 28, appears to be $229,896—$70,000 of which is for the gas works stock, and $8896 75, for the purchase of water works lot on Holmes’Hill—leaving the total amount of the city debt on loan, up to the 19th of November, 1836, $318,896 75. [TT Since the foregoing was written, the city councils, by ordinance, chap. 233, passed 13th December, 1836, have authorized the further sale of 600 shares of stock in the capital of the Pittsburgh gas works, amounting to $30,000, which may be added to the above estimate of the amount of the city debt—making the same $348,896 75. 808 APPENDIX.—No. III. COMMON SCHOOLS, AND GENERAL SYSTEM OF EDUCATION. This subject is referred to in note 27, ante, p. 684; and also note 68, ante, p. 726; notes 69 and 70> ante, p. 728; and note 72, ante, p. 734, which see. In conformity with the 4th sect, of the act of the 1st of April, 1834, entitled “An act to establish a general system of education by common schools,” (Pamph. Laws of Penn, session of 1833-34, p. 170-79,) proceedings were had in Allegheny county, by delegates from the several wards of the city, townships and districts of the county, at the court house in Pittsburgh, on Tuesday, 4th Nov. 1834, when the amount of tax to be levied in the school division, (county,) was determined at the sum of $6,500; which, together with the state appropriation, was apportioned among the several districts, as follows:— WARDS, BOROUGHS, &c. Population. State appropria¬ tion. $ c. Apportionment of Tax. $ c. Total amount. $ c. East Ward, 1061 231 96 499 75 731 71 South “ 736 160 92 346 66 507 58 West “ 707 154 56 333 00 487 56 North “ 792 173 14 373 04 546 18 Northern Liberties, 686 149 97 323 11 473 08 Pitt Township, Peebles “ 700 153 00 329 71 '482 71 409 89 41 192 64 282 05 Lawrenceville, Wilkins Township, Plum “ J 44 31 48 67 82 99 30 515 112 58 242 57 355 15 413 90 27 194 53 284 80 Versailles “ 258 56 40 121 52 177 92 Elizabeth “ 582 127 23 274 13 401 36 Jefferson “ 329 71 91 154 96 226 87 Mifflin “ 261 58 35 125 76 184 11 St. Clair, M’Cully’s, “ Obey’s, 495 108 21 233 15 341 36 567 123 95 267 00 390 95 Robinson Township, Moon “ 348 76 06 163 91 233 97 262 57 26 123 40 180 66 Fayette “ 501 109 52 239 89 349 41 Findlay “ 248 54 20 116 81 171 01 Franklin “ 165 36 06 77 71 113 77 Ohio “ 262 57 26 123 40 180 66 Pine “ 392 86 41 184 63 271 04 Ross “ 654 142 97 308 04 451 01 Deer “ 436 95 31 205 36 300 67 Indiana “ 466 101 87 219 47 321 34 Allegheny Borough, 1236 270 23 582 17 852 40 Birmingham, 169 36 93 79 60 116 53 The delegates then assembled, (4th Nov. 1836,) gave notice for meetings in the several school districts on the 18th Nov. 1836, according to the provisions of the 7th sect, of the act of the 1st of April, 1834, which are as follows:—“And the peo¬ ple of said districts, when so assembled, shall be organized by appointing a Chair¬ man; and the Secretary of the Board of School Directors of the proper district shall be Secretary of the said meeting, and shall record the proceedings of such meeting in the book of minutes of the said Board; or, in his absence, that duty shall be per¬ formed by some other Director of the said Board. It shall be the duty of the Board APPENDIX. 809 of Directors to communicate to such meeting such matters in reference to the Com¬ mon Schools of the district as may be important, which may be considered by such meeting; and it shall be in the power of said meeting to decide, by a majority* of votes, whether they will raise, for the current year, a sum in addition to that deter¬ mined on by the delegate meeting aforesaid, to be applied to the Common Schools of the said district; and if such meeting shall so determine to raise such additional sum, it shall be the duty of the Secretary to certify the same to the Supervisors of the Township, or the Town Council of the Borough, as the case may be, whose duty it shall be to add the same as an increase upon the assessment or tax of the said district, and the same shall be collected as township or borough rates and levies are by law collected. ” At the meetings held by the inhabitants of the several wards of the city of Pitts¬ burgh, on the 18th November, 1834, it was decided to increase the amount to be raised for the ensuing school year to the sum of $8,838 00; which sum was appro¬ priated by ordinance chap. 196, passed 21st of February, 1835, (see ante, p. 684, and note 27, appended thereto,) deducting $538 00 for appeals, lost taxes, fees of col¬ lection, tfcc. The collection of this sum was audited by the auditors of Allegheny county, at their next session, according to the provisions of the 21st sect, of the act of the 1st of April, 1834, and the following report made:— Dr. Common School Fund of the City of Pittsburgh. Cr. Amt. rec’d by N. Holmes, Esq. treasurer S. F. State ap¬ propria¬ tion. Amount re¬ ceived from collectors. Aggregate. Amt. paid by N. Holmes, treasu¬ rer, viz. , Amount pd. to order of directors. Amount of balance in treasury. East Ward, South Ward, West Ward, North Ward, $231 96 160 92 154 56 173 14 $2182 00 1495 74 2853 00 1796 00 $2413 96 1656 66 3007 56 1969 14 East Ward, South Ward, West Ward, North Ward, $ 700 00 935 47 1370 26 1875 00 $1713 96 721 19 1637 30 94 14 720 58 *8326 74 9047 32 Amount paid, 4880 73 4166 59 4880 73 if Aggregate, $9047 32 According to the provisions of the 19th sect, of the act of the 1st of April, 1834, the secretary of the commonwealth, on the 24th of February, 1836, gave notice that the sum or dividend of the state appropriation out of the common school fund, to which each school division, (county,) in the state was entitled, for the year 1836, (exclusive of a dividend on $100,000 due to the school fund by the Bank of the United States, on the 6th of June, 1836, and to be paid after that day,) was as fol¬ lows:— Counties. Amount. Adams, $1,235 07 Allegheny, 3,017 35 Armstrong, 968 09 Beaver, 1,240 42 Bedford, 1,309 40 Bradford, 991 93 Berks, 3,007 32 Bucks, 2,675 40 Butler, 828 32 Counties. Amount. Chester, 3,015 87 Cumberland, 1,574 70 Columbia, 1,037 92 Centre, 1,066 50 Clearfield, 262 94 Crawford, 894 36 Cambria, 337 22 Delaware, 1,070 93 Dauphin, 1,356 57 * In this amount of $8,326 74, the apportionment of the several wards of the city of the $6500 00 directed by the Convention of November, 1834, is not inclu¬ ded; the aggregate of their apportionment is $1552 36; which added to amount of apportionment of the different boroughs and townships in the county will make $6500 00. 133 APPENDIX. 810 Counties. Amount. Counties. Amount Erie, $845 15 Northumberland, $1,055 60 Franklin, 1,796 67 Philadelphia city and county, 10,997 00 Fayette, 1,736 30 Pike, Perry, 262 94 Greene, 925 90 878 43 Huntingdon, 1,476 54 Potter, 72 81 Indiana, 805 33 Somerset, 984 56 Juniata, 612 25 Susquehanna, 764 65 Jefferson, 104 94 Schuylkill, 800 32 Lancaster, 4,419 02 Tioga, 481 96 Lebanon, 1,050 29 Union, 1,111 90 Lehigh, 1,273 73 Venango, 568 92 Luzerne, 1,321 20 Warren, 271 19 Lycoming, 908 21 Washington, 2,397 73 M’Kean, 90 50 Westmoreland, 1,920 77 Montgomery, 2,429 56 Wayne, 407 09 Mifflin, Mercer, Northampton, 625 62 1,028 77 2,176 05 York, 2,513 27 $75,000 00 A supplement to the act of the 1st of April, 1834, was passed on the 15th of April, 1835, (see Paraph. Laws of Penn, session of 1834-35, p. 365-67,) according to the 5th sect, of which the portions of the state appropriation intended for the several districts not accepting the school law, are to remain and accumulate in the treasury of the proper county, for and during two years from the date of the supplement, for the use of such non-accepting districts. But if such districts shall not, within two years, accept the law, then such accumulated sum shall be distributed at the end of that time, amongst the accepting districts in the respective divisions. The two years above mentioned will expire on the 15th of April, 1837. The joint meeting of delegates and county commissioners held on the 2d of May, 1836, de¬ termined the question of continuance in Allegheny county—and all the school dis¬ tricts of the county having accepted the school law, and been fully organized for school purposes, there remained no occasion for entertaining the question of dis¬ tribution. As the subject of common schools, and a general system of education, is of great importance to the city, from the subject itself, as well as the large amount of taxes to be levied and distributed for this purpose, the publication of ihe general school laio, in this edition of the city ordinances, was deemed advisable. See ante, p. 726-35, for the act entitled “An act to consolidate and amend the several acts relative to a general system of education by common schools,” passed 13th June, 1836. Pamph. Laws of Penn, session of 1835-36, p. 525-34. According to this act, and in addition to the two ordinary annual state appropriations of $75,000, there will also be, on the 15th of April, 1837, subject to distribution, under the above mentioned provi¬ sions of the 5th section of the supplement of 15th April, 1835, an instalment of $100,000 payable by the Bank of the United States to the common school fund for the school year, 1836-7. The general act of the 13th of June, 1836, is the only school law now in force, and by it the school year is to end on the first Monday of June, annually. No state taxes were levied for school purposes in 1836, in pursuance of a joint resolution of the legislature, passed on the 10th of March, 1836. See Pamph. Laws of Penn. session of 1835-36, p. 832. The distribution of the school fund, for the present school year, ending first Monday of June, 1837, has been published by the secretary of the commonwealth; and the following table shows the amount which each coun¬ ty will receive under the new school law, of the 13th June, 1836, including the amount to be paid by the Bank of the United States. It is understood that it will be transmitted to the proper district treasurers during the ensuing month of Decem¬ ber, 1836, if proper steps shall, before that time, be taken by the county commis¬ sioners and others interested:— APPENDIX. 811 Counties. Amount. Adams, $3,345 20 Allegheny, 7,664 14 Armstrong, 2,947 68 Bradford, 3,056 46 Beaver, 3,440 48 Bedford, 3,050 62 Berks, 7,602 64 Bucks, 6,765 52 Butler, 2,798 14 Cambria, 1,237 86 Crawford, 3,343 20 Clearfield, 903 14 Centre, 3,046 10 Chester, 7,563 14 Columbia, 3,919 24 Cumberland, 3,914 94 Dauphin, 3,565 98 Delaware, 2,524 98 Erie, 3,937 60 Franklin, 4,570 76 Fayette, 3,945 36 Greene, 2,166 90 Huntingdon, 3,990 24 Indiana, 2,067 20 Jefferson, 883 96 Juniata, 1,336 92 Pittsburgh, November 24,1836. Counties. Amount. Lancaster, $11,102 58 Lebanon, 2,865 10 Lehigh, 3,466 92 Luzerne, 2,948 24 Lycoming, 2,846 04 M’Kean, 318 52 Mercer, 3,363 98 Mifflin, 1,560 92 Montgomery, 6,337 22 Northampton, 5,963 36 Northumberland, 2,546 28 Perry, 1,904 70 Pike, 906 62 Potter, 359 96 Philadelphia, 25,623 54 Somerset, 2,355 94 Susquehanna, 2,325 52 Schuylkill, 3,042 86 Tioga, 1,673 56 Union, 2,817 20 Venango, 1,951 32 Warren, 1,035 86 Washington, 5,483 62 Wayne, 1,379 53 Westmoreland, 4,323 72 York, 6,188 66 ' . INDEX. ACADEMIES. Trustees, &c. of all academies, schools and colleges, having received aid from the state, directed to report the number of students in each class, and total number of graduates, if any, course of studies pursued, financial resources, &c. to the superintendent of common schools, to be laid before the legislature in his annu¬ al report, &c. 790 ACCOUNTS OF GAS WORKS. Trustees of the Pittsburgh gas works to keep accurate accounts of all their re¬ ceipts and disbursements, and report the same, together with a statement of their proceedings to the councils, annually, in the month of January, and give such other information, from time to time, as may be required of them by the select or com¬ mon council, 688 ACCOUNTS OF INSPECTORS, &c. 1. Inspectors, &c. to keep fair and accurate accounts, &c. See title “ Inspec¬ tion of Produce,” and also act of assembly entitled “an act relating to inspections,” passed 15th April, 1835, and the several supplements thereto, 736-70 2. To make annual reports to the Auditor General, in the month of January, &c. 765 ACTIONS OF DEBT. 1. Mayor and aldermen of the city of Pittsburgh, to have full power and au¬ thority to recover summarily, or by action of debt, as the case may be, any fines and forfeitures, inflicted for the violation of any of the city ordinances, which have been, or may be hereafter passed, ordained and enacted, by the city councils, for the government of the said city, provided such fines and forfeitures do not exceed $100, 697-700 2. Persons summarily convicted, or against whom judgment may be entered, in any penal action of debt, at the suit of the mayor, aldermen and citizens of Pitts¬ burgh, before the mayor or any of the aldermen, may appeal from such conviction or judgment, within ten days thereafter, on entering bail or security, approved by the mayor or alderman, before whom the said proceedings are had, 697-700 3. Justices of the peace and aldermen, of every city, borough and incorporated township within this commonwealth, to have full power and authority to hear and determine all actions of debt for penalty, for the breach of any ordinance, by-law, or regulation, of such city, borough, or township, in the same manner, and subject to the same right of appeal , as in cases of debt, under $100; and all such actions shall be instituted in the corporate name of such city, township or borough, 697-700 ACTS OF ASSEMBLY. 1. A further supplement to the act entitled “an act to incorporate the city of Pittsburgh, and for other purposes,” passed on the 15th of April, 1835, Pamph. Laws of Penn . session of 1834-5, 697-99 1 2. Select and common councils of Pittsburgh, may, whenever they deem it necessary, confer upon the mayor and aldermen of Pittsburgh, the jurisdiction, 814 INDEX power and authority to recover summarily, or by penal action, as the case may bc ; any fines and forfeitures inflicted for the violation of the provisions of any ordi¬ nances which have been or may hereafter be enacted and ordained by the said councils for the government of the said city, 607 3. Provided , That such lines and forfeitures do not, in any case, exceed the amount of $100, 697 4. Provided also , That in all summary convictions under the ordinances of the said city, where fines, forfeitures or imprisonment are inflicted, the person or per¬ sons convicted may appeal to the next term of the mayor’s court of the said city, within ten days after conviction, on entering security approved by the mayor or al¬ derman before 'whom the conviction has been entered, 697 5. Aldermen and justices of the peace of every city, or incorporated township and borough, in Pennsylvania, to have power to hear and determine all actions of debt, for penalty, for breach of any ordinance, by-law, or regulation of such city, township or borough, in the same manner, and subject to the same right of appeal as in cases of debt under $100, and such actions to be instituted in the corporate name of such city, township or borough, 697 6. All children who may be deemed by the officers of the Orphan Asylum of Pittsburgh and Allegheny, fit objects of their care and bounty, may be bound to the society by any overseer of the poor, father, or mother, if the father be dead, absent or incompetent, or other individual having authority to bind the same, in like man¬ ner, and for the like number of years, as is prescribed in the general law in relation to apprentices, 697 7. The Orphan Asylum Society of Pittsburgh and Allegheny, in all cases where children under their care become, in the opinion of its officers, of proper age and qualifications to be apprentices, to learn some occupation not taught within its walls, shall have power, under its official seal, and by and with the consent of the child or children, to bind them to suitable persons to learn such trade, calling or bu¬ siness as may be prescribed in the indenture of apprenticeship, 697 8. The 3d, 4th, 5th and 6th sections of the act of assembly, entitled “ an act re¬ lative to certain streets, alleys, and public landings in the county of Philadelphia, and in the city of Pittsburgh, and for other purposes,” passed 6th of April, 1833, ante , p. 606-8, extended, and put in full force and authority as to the opening of Exchange alley, in Pittsburgh, from Hand street to Irwin’s alley, 20 feet wide, ex¬ cepting and preserving to A. L. Kerr, and N. W, Prestley, so much of the said alley as their brick buildings now stand on, so long as the said buildings do stand, 697-98 9. The court of quarter sessions of Allegheny county, on being petitioned, au¬ thorized to grant a view for the purpose of ascertaining the propriety of opening and extending Sixth street from Grant street to Coal lane, v 698 10. And also, Wylie street to Grant street, or some other street within the city, to be designated by the viewers to be appointed by the said court, 698 11. And also, High street from Coal lane to the Farmers and Mechanics’ turn¬ pike road, at some point near the Fort Pitt glass works, 698 12. Court to appoint nine discreet and disinterested freeholders, who, after be¬ ing duly sworn or affirmed, shall, together with the commissioners of Allegheny county for the time being, or a majority of them, view the ground proposed to be opened for the said streets, 69S 13. If the said viewers, or any ten of them, view the said ground, and any seven of them, including one or more of the county commissioners, agree that there is occasion for opening the said streets, they shall proceed to lay out the same as agreeably to the prayer of the petitioners as may be, 698 14. To be laid out, however, in such manner as to do the least injury to pri vale property—and the viewers to report their proceedings to the next court of quarter sessions—and if the said court shall approve the same it shall be entered on record, and thenceforth such streets shall be deemed, taken and allowed to be public streets and highways, 698 15. The said viewers, or any seven of them, shall enquire what damages any individual or individuals shall or may sustain, by opening and extending the said streets and highways and shall make a fair estimate of the same, 698 16. The said viewers shall also enquire to whom the opening of the said streets INDEX. 815 and highways shall be a benefit, and shall apportion and assess the amount of da¬ mages so found, upon and among the said individuals so benefited, fairly and equi¬ tably, in proportion to the benefit received therefrom, and the value of their pro¬ perty adjacent to the said streets and highways, 698 17. The said viewers shall file the said apportionment and assessment in the court of quarter sessions of Allegheny county; and on the same being approved by the said court, it shall be entered and recorded at large upon the docket thereof, and shall bind and conclude all parties owning, or claiming to own the property adjudged by the said viewers to be so benefited, by the opening of the said streets and highways, 698 18. All such sums so assessed and apportioned shall be and remain a lien upon the property adjacent to the said streets and highways of the owners so adjudged to be benefited, as aforesaid, until the same, together with the costs shall have been paid or tendered to the individual or individuals entitled to receive the same, 699 19. If any individual or individuals, assessed for contribution as aforesaid shall neglect or refuse, after sixty days notice of the approval by the court of quarter ses¬ sions, and a demand made, to pay the sum assessed and apportioned to be paid by him or them, the said court shall and may, at any time after the expiration of the said sixty days, issue a scire facias on the said lien or liens, 699 20. Such scire facias to issue in the name of the commonwealth, for the use of such individual or individuals, against such persons as shall, after notice aforesaid, neglect or refuse to pay the sum assessed and apportioned on him or them, com¬ manding him or them to appear before the said court on a day certain, therein to be named, 699 21. The defendant or defendants, to such scire facias , then and there to show cause why the amount of the said assessment and apportionment should not be le¬ vied o’f his goods and chattels, lands and tenements, with the costs thereof, 699 22. The said court of quarter sessions, unless sufficient cause be shown, shall, and they are duly authorized to issue an execution, and levy the same, in the same manner that judgments in civil actions are levied, 699 23. As soon as the costs and damages so assessed and apportioned shall be paid, and tendered to the individual entitled to receive the same, the court of quarter sessions shall order the said streets and highways to be opened; and they shall thenceforth be subject to the same rules and regulations as other streets and high¬ ways, in the said city and county are subject, 699 24. The costs of viewing, assessing and apportioning the damages, &c. and of opening the said streets, to be regulated in the same manner as the costs of similar proceedings under the laws of this commonwealth, for making and repairing of roads, &c. 699 25. Act of assembly passed on the 26th of December, 1833, entitled “ a supple¬ ment to an act incorporating the city of Pittsburgh, passed the 18th day of March, 1816.” Paraph. Laics of Penn, session of 1833-34, p. 4-5. 702-4 26. City councils, on the 1st Tuesday of January, 1834, and yearly thereafter, to meet together and divide the city of Pittsburgh into four wards or districts, so as to make the number of taxable inhabitants of each ward of the city, as nearly equal as may be, 702 27. The councils, for the time being, authorized and required to fix the places of holding all general and city elections, for the said wards, at such houses within the bounds of the respective wards, and not elsewhere, and to change the same as often as public convenience may require, 702-3 28. Not to be lawful for any of the inhabitants of the city to vote at any of the said general and city elections, except within the wards in which they severally reside, 703 29. City elections to be held on the second Tuesday of January, annually, and the freemen of each ward of the city, qualified to vote for members of the house of representatives of this commonwealth, to elec1,by ballot, one person in each ward, qualified to serve as members of the house of representatives of this commonwealth, to be members of the select council, to serve for three years, and five persons, qua¬ lified as aforesaid, from each ward, to serve as members of the common council, to serve for one year, 703 816 INDEX. 30. Mayor to be elected by ballot, by the qualified voters of the city, on the second Tuesday of January annually, either from the body of aldermen, or from the citizens qualified to be elected members of the house of representatives of this com¬ monwealth, 703 31. Duty of the mayor, thus elected, to promulgate the by-laws, rules and or¬ dinances of the corporation, and specially to attend to the due execution and ful¬ filment of the same, 703 32. Mayor entitled to receive, hold and enjoy all the emoluments, which by the laws and ordinances of the corporation may now, or hereafter be annexed or attached to the office of mayor, 703 33. Mayor elect to take a solemn oath or affirmation, before the president, or an associate judge of the court of common pleas of Allegheny county, or the re¬ corder of the city for the time being, well and faithfully to execute the office of mayor of the said city, 703 34. After being qualified the mayor shall, without any other or further com¬ mission, enter upon the duties of his office, and shall continue in office until a suc¬ cessor shall be duly elected and qualified, 703 35. In cases of the death, resignation or removal of the mayor or other vacancy in the office, such vacancy shall be filled by a new election, for the remainder of his term in office, by the city councils, within fifteen days thereafter, and at least ten days notice shall be given in the public newspapers of the city, of the time of holding the same, 703 36. No member, for the time being, of the select or common council, shall be eligible to the office of mayor, 703 37. So much of the second section of the act of incorporation, passed 18th of March, 1816, as relates to the classification of the members of the select councils, (ante, p. 10,) so altered, as that the seats of the first class shall be vacated on the first Tuesday of January, 1834, as hereinbefore provided, 703-4 38. The seats of the second class, whose seats will be vacated on the first Tuesday of January, 1835, to be filled by the election of four persons, as hereinbe¬ fore provided, 704 39. The seats of the third class, whose seats will be vacated on the first Tues¬ day of January, 1836, shall be filled by the election of four persons, as hereinbefore provided for, 704 40. For the act, supplementary to the act incorporating the city of Pittsburgh, of the 18th March, 1816, changing the mode of electing the mayor, &c, passed 26th December, 1833, see 702-4 41. All acts or parts of acts of assembly relating to the city of Pittsburgh, to be collected and published in pamphlet form, under the direction of the presidents of the councils and recorder of the city, along with the laws, ordinances and regula¬ tions passed by the councils since the 27th May, 1833, 705 42. To be annually collected and published in pamphlet form, in the same manner as the city ordinances are collected and published, so far as they specially relate to the city, 705 43. Duquesne Way to be laid out from the eastern boundary of the city, along the Allegheny river, to Water street, according to the several provisions of the act of assembly of the 31 st of March, 1836, 770-73 ACTS OF CONGRESS. 1. Act of congress, entitled “an act to continue the mint at Philadelphia, and for other purposes,” passed 19th May, 1828, 723-4 2. Brass troy pound weight in the mint of the United States, procured at Lon¬ don, in 1827, to be the standard of troy weight, 723 3. Duty of the director of the mint to keep the standard weights, and have them properly regulated at least once a year, 723-4 4. Resolution of congress, entitled a resolution providing for the distribution of weights and measures,” passed 14th of June, 1836, 790-91 5. Secretary of the treasury of the U. S. directed to cause a complete set of all the weights and measures adopted as standards, and now either made, or in the pro¬ gress of manufacture for the use of the several custom-houses, to be delivered to the governor of each state in the Union, or such person as he may appoint, for the use INDEX. 817 of the states respectively) to the end that a uniform standard of weights and mea¬ sures may be established throughout the states, 790-91 ALDERMEN. 1. Whenever the councils may deem it necessary, they may confer upon the aldermen of the city the jurisdiction, power and authority, to recover summarily, or by penal action, as the case may be, any fines and forfeitures, inflicted for the violation of any ordinances which have been or may hereafter be passed and enact¬ ed by the councils, for the government of the city, provided such fines and forfeit¬ ures do not exceed the amount of $100, 697 2. Persons convicted before the mayor or any of the aldermen of the city, may appeal therefrom to the next term of the mayor’s court, within ten days after such conviction, on entering security to prosecute the said appeal, approved of by the mayor or alderman before whom the conviction is entered, 697 3. Aldermen and justices of the peace, of every city, incorporated township and borough, in this commonwealth, to have full power to hear and determine all actions of debt, for penalty, for the breach of any ordinance, by-law, or regula¬ tion of such city, borough, or township, in the same manner, and subject to the same right of appeal, as in cases of debts under one hundred dollars, and all such actions shall be instituted in the corporate name of such city, towmship or borough, 697-700 4. To be members of the sanitary board, and to be so classed, that three of them shall serve for one month, and then be replaced by another class, 660 5. Aldermen and mayor authorized to recover, either summarily, by convic¬ tion, or by penal action, any fines or forfeitures imposed for the violation of any of the provisions of any of the city ordinances,&c. 700 6. The aldermen and mayor, or either of them, authorized to collect, either by summary conviction, or action of debt, the fine imposed on all persons for riding, driving or leading any horse, or other animal, within the space enclosed by chains, at the Diamond market house, on market days, &c. 702 7. Aldermen and mayor of the city vested with full power, in cases of con¬ viction, under any of the city ordinances which impose a fixed penalty, to fine from one dollar up to the sum or sums so fixed, as the equity of the case may re¬ quire, 725 8. Their duties under the inspection laws of the state, &c. See title “ Inspec¬ tion of Produce.” and also act of assembly entitled “ an act relating to inspections,” passed 15th April, 1835, and the several supplements thereto, 736-70 9. No person to be entered on the poor book, or be relieved without an order from some two aldermen or justices of the peace, 779 10. Consent of two aldermen or justices of the peace necessary to the binding out of poor children as apprentices by the overseers of the poor, 779 11. Overseers aggrieved by the refusal of any alderman or justice to make an order of removal, may appeal to the next court of quarter sessions, 783 12. Aldermen and justices may issue warrants of apprehension, in cases of de¬ sertion by husband or wife, 783 13. Their duty, in such cases, to require security.from the parties for their ap¬ pearance at the next court of quarter sessions, 784 14. Aldermen and justices of the peace to make a record of every fine, &c. re¬ ceived for the poor, and to deliver transcripts thereof to the constables, &c. 785 15. Penalty on aldermen and justices for failing to perform that duty, or to pay over moneys, 785-6 16. Overseers to demand from aldermen and justices the amount of all such fines as are imposed by them, for the use of the poor, 786 17. Any person aggrieved by the judgment of any alderman or justice, under the poor laws, may appeal to the next court of quarter sessions, whose decision shall be final, 787 ALLEGHENY BOROUGH. Inspector of salt to be appointed in said borough, by the town council, &c. See title “Inspection of Produce,” and also act of assembly, entitled “an act re 818 INDEX. lating to inspections,” passed 15th April, 1835, and the several supplements there¬ to, 736-70 ALLEGHENY RIVER. 1. The junction of the Allegheny and Monongahela rivers, at the public float, designated as a place of deposit for filth, &c. and no deposit thereof to be made at any other place, within the city, under the penalty of ten dollars for each and every such offence, 663 2. A public street or highway, to be called Duquesne Way, to be laid out, on the bank of the Allegheny river, and opened from the eastern boundary of the city to Water street, forty feet wide, at a grade of not more than four feet below the level of Penn street, 770-71 ALLEYS AND LANES. 1. All the streets and alleys that cross and intersect the streets and alleys de¬ clared to be permanently graded by ordinance, chap. 221, passed 26th March, 1836, to be graded so as to conform with the several grades therein mentioned, 716 2. Exchange alley to be opened 16 feet wide, through the block of lots on Li¬ berty and Penn streets, from St. Clair street to Irwin street, according to the terms and conditions of the act of assembly, of the 11th of April, 1835, 719 ALPHABETICAL LISTS. 1. Duty of the assessor and register of the water rents, annually, in the month of April, and as soon after the first of April as possible, to make out and prepare a correct alphabetical list of the names of all persons using the hydrant water, desig¬ nating the streets and alleys in which they reside, the number of the buildings they respectively occupy, as far as practicable, the name or names of the owner or owners of the building so occupied, the trade or occupation of the person being the principal renter or occupant of said house, and the amount of the water rent wherewith each individual may be assessed, or is entitled to pay for the current year, 680 2. Such alphabetical list when so made, prepared, and completed, to be laid before the water committee, by the assessor and register of the water rents, for their examination and correction, 680 3. When such alphabetical list, shall be examined and corrected by the water committee, it shall be approved by them, in writing, 680 4. Duty of the assessor, &c. to enter a correct copy of the said alphabetical list in a book of record to be kept by the water committee for that purpose, at their office, which shall be open at all seasonable times, to the inspection of the members of the councils, if required, 680 5. Duty of the assessor, &c. when the said annual alphabetical list of water rents is completed, and approved in writing by the water committee, to deliver the same forthwith to the collector of the city taxes, who shall forthwith proceed to col¬ lect the same, 680 APPEALS. 1. Persons summarily convicted before the mayor or aldermen, for fines or for¬ feitures imposed for the violation of any of the city ordinances, may appeal from such conviction to the next mayor’s court, within ten days after conviction, on en¬ tering security approved by the mayor or alderman before whom the conviction was entered, 697 2. In all cases of summary conviction, under the city ordinances, where fines, forfeitures or imprisonment are inflicted, the person or persons convicted may ap¬ peal to the next term of the mayor’s court, within ten days after conviction, on en¬ tering security approved of by the mayor or alderman before whom the conviction has been entered, 697-700 3. The aldermen and justices of the peace of every city, incorporated town¬ ship and borough in this commonwealth shall have full power and authority to hear and determine all actions of debt, for penalty, for the breach of any ordinance, by¬ law, or regulation of such city, township, or borough, in the same manner, and sub¬ ject to the same right of appeal, as in cases of debts under $100; and such actions shall b^ instituted in the corporate name of such city, township or borough, 697-700 INDEX. 819 4. Persons aggrieved by any order of removal, may appeal to the next court of quarter sessions, who shall finally determine the same, 781 5. In order to prevent vexatious appeals the court of quarter sessions may or¬ der and direct costs and charges to be paid by delinquent appellants, &c. 781-2 6. Persons aggrieved by the refusal of a magistrate to grant the necessary order of removal, of a pauper, &c. may appeal to the next court of quarter sessions, whose decision shall be final, 783 7. Persons aggrieved by the judgment of any magistrate, under the poor laws, may appeal to the next court of quarter sessions, whose decision shall be final, 787 8. Parties dissatisfied with the trial of any civil or criminal case, jn the Dis¬ trict Court of Allegheny county, wherein the city of Pittsburgh is directly or in¬ directly interested, may appeal to the Supreme Court, on entering into recogni¬ sances, &c. according to the special directions of the act of assembly of the 16th of June, 1836, 778 APPEALS FROM INSPECTORS. See Title “Inspection of Produce,’’ and also act of assembly, entitled “an act relating to inspections,” passed 15th April, 1835, and the several supplements thereto, 736-70 APPRENTICES. 1. All children who may be deemed by the officers of the Orphan Asylum of Pittsburgh and Allegheny, fit objects of their care and bounty, may be bound to the said society, by the overseers of the poor, the father or mother, if the father be dead, absent, or incompetent, or by any other individual having authority, 697 2. Which persons are authorized to bind such children to the said society, in like manner, and for the like number of years, as is prescribed in the general law in relation to apprentices; and the said society shall, in such indentures, come under the obligations usual in such cases, 697 3. The said society, in all cases, where children under their care become, in the opinion of its officers, of proper age and qualifications to be apprentices, to learn some occupation not taught within its walls, shall have the power, under its official seal, and by and with the consent of the child, to bind them to suitable per¬ sons, to learn such trade, calling or business, as may be prescribed in the indenture of apprenticeship, 697 4. It shall be lawful for the overseers of every district, with the approbation and consent of any two or more magistrates of the same county, to put out as appren¬ tices all poor children whose parents are dead, or by the said magistrates found to be unable to maintain them, so as that the time or term of years of such apprentice¬ ship, if a male, do expire at or before the age of twenty-one years, and if a female, at or before the age of eighteen years, 779 APPROPRIATIONS. 1. Appropriation of the city taxes, for the year 1834—$51,994 44, 669-70 2. Five hundred dollars appropriated for the redemption of all city bills yet in circulation, and the interest due thereon, to be paid on demand, at the city treasu¬ rer’s office, at any time before the 1st of April, 1835, 679 3. Amount of appropriations, for the year 1835, $129,532 39, 682-4 4. The sum of $3235 53 appropriated for the purpose of extinguishing the debts due by the several engine and hose companies, and to meet their current ex¬ penses for the year 1835, 691 5. Further appropriation of $1070, appropriated to pay the debts of the Vigi¬ lant fire and hose company, payable on the 1st of July, 1835, 692 6. An annual appropriation of $1100, to be made hereafter, for the use of the several fire engine and hose companies, payable on the first day of October, annu¬ ally, 693 7. The damages incurred by the property holders, injured in consequence of the opening and extending of certain public streets and highways within the city, according to the provisions of the act of assembly of the 15th of April, 1835, to be apportioned among and assessed upon the holders of property benefited thereby, lying adjacent to such streets and highways, 699 820 INDEX. 8. Appropriation and assessment of the city taxes, for the year 1836, $84,198 98, 707 ASHES, POT AND PEARL. See Title “Inspection of Produce,” and also act of assembly, entitled “an act relating to inspections,” passed 15th April, 1835, and the several supplements thereto, 736-70 ASSESSMENTS. 1. Assessment and appropriation of the city taxes, for the year 1834, $51,994 41, 669-70 2. Assessment and appropriation of the city taxes, for the year 1835, $22,000, for city purposes, and $8,000 for the support of common schools, 682-3 3. Assessment and appropriation of the city taxes, for the year 1836, $84,198 98, 709-10 4. The damages incurred by the individual holders of property, injured in consequence of the opening and extension of certain public streets and highways within the city, according to the provisions of the act of assembly of the 15th of April, 1835, to be assessed upon and apportioned among the holders of property benefited thereby, lying adjacent to such streets and highways, 699 ASSESSMENT OF DAMAGES. 1. Duquesne Way not to be opened as a public street and highway, or used as a public landing, until all the provisions, provided for the assessment and payment of damages, and compensating the owners of lots, shall have been first fully com¬ plied with, 771 ASSESSOR OF DOG TAX. Mayor authorized to appoint an assessor of persons owning dogs within the city, who shall perform that duty under oath, and make a correct return of his as¬ sessment, annually, in the month of March, to the city treasurer; for which service he shall be allowed a compensation of $75 annually, 797 ASSESSOR OF CITY TAXES. The salary of the city assessor fixed at one hundred dollars per annum, payable quarterly, by warrants to be drawn by the mayor on the city treasury, 709 ASSESSORS OF COUNTY TAX. To furnish the school directors, on demand, with a correct copy of the last ad¬ justed valuation of their several districts, for county purposes, &c., 727 ASSESSOR AND REGISTER OF WATER RENTS. 1. His duty to prepare and make out a correct alphabetical list of the names of all persons using the hydrant water, in the month of April, annually, 680 2. To designate in such list the streets and alleys in w r hich such persons reside, and the number of the building they occupy, as far as the same is practicable, 680 3. Also, to designate the name of the owner or owners of the buildings or premises so occupied, the trade or occupation of the person, being the principal oc¬ cupier of each house, and the amount of water rents wherewith each individual may be assessed or is entitled to pay for the current year, 680 4. To deliver such alphabetical list, when completed, to the water committee, for their examination and correction; and when the same shall be so examined and corrected, and approved of by the water committee in writing, to enter the same at large in a book of record, to be kept by the water committee, for that purpose, at their office, 680 5. Duty of the assessor and register of the water rents, when the annual alpha¬ betical list of water rents is made out and approved of by the water committee in writing, to deliver the same forthwith to the collector of the city taxes, 680 6. Duty of assessor, &c. on receiving the report of delinquents from the col¬ lector, immediately to give notice in writing, to all such delinquents, that if the wa¬ ter rent be not paid in two weeks thereafter, they will be deprived of the use of the INDEX. 821 water, and that suit will be brought against them for the recovery of such rent, to¬ gether with all accruing costs and charges, 681 7. Assessor, &c. directed to make report in writing, on the first Monday in September in each year, of rent and charges due by each delinquent, 681 8 . Duty of the assessor, &c. to deliver the said list of delinquents, to the super¬ intendent of the water works, 681 9. His duty to cause suits to be instituted before the mayor or any of the aider- men of the city, against all delinquents, for the recovery of the water rents, and all costs and charges of detaching the ferule, repairing, &c., together with* ten per cent, on the whole amount, as a penalty for such delinquency,^ J 681 10. When such water rents, costs and charges, are so recovered, the assessor, &c. shall receive and pay the same over to the city treasurer: the said register, &c. to give bond in the sum of $2000 with security, satisfactory to the water company, before entering upon the duties of his office, 681 11. The assessor and register of the water rents, to receive for his services an annual salary of $300, payable quarterly, by warrants to be drawn by the mayor on the city treasury, 682 12. His duty to grant permits to use the hydrant water for building purposes, to all persons desiring the use thereof, who are not in arrears for water tax, upon the terms and conditions specified in the joint resolution of councils, of the 18th March, 1836, 794 ASSISTANTS. 1 . Assistants to be appointed by’the sanitary board, for each district of the city, to examine daily for, and report to the board or the mayor, all existing nuisan¬ ces, 659 2. Compensation, per diem, of all assistants to be fixed by the sanitary board, to be paid by warrants to be drawn by the mayor on the city treasury, 659 3. Duty of the assistants in all cases of mouldy vaults, cellars, privies, and all other existing nuisances, as well in the streets and alleys as on the shores of the rivers, 659 AUCTIONS AND AUCTIONEERS. 1. One of the commissioned auctioneers of the city to be employed by the city treasurer to sell at public outcry or auction, the remaining 585 shares of stock in the Pittsburgh gas works, 695 2. Auctioneer to set up to sale, by public outcry, one share of said stock, which shall be disposed of to the highest and best bidder, who shall have the privi¬ lege of taking the said one share, or more, not exceeding twenty shares, at the price bid for the same, 695 3. Auctioneer not to accept of any bid, at less than the par value of the said stock, 695 4. Auctioneer to render a full and correct statement of the sale of the said stock, under oath or affirmation, to the select and common councils, at their next meeting after closing said sale, 695 5. And shall declare, to the best of his knowledge and belief, that the said sale of stock in the Pittsburgh gas works, has been fairly and honestly conducted, with¬ out any collusion between him, the said auctioneer, and any person or persons, otherwise than by the means authorized by ordinance, % 695 6 . A fine or penalty of ten dollars, to be recovered before the mayor or any of the aldermen of the city, imposed on all persons exposing for sale any carriage or carriages, horses, cattle, or animals of any description, in or upon any of the pub¬ lic squares,, streets, lanes or alleys of the city, 690 BARRELS AND CASKS. See Title “Inspection of Produce,” and also act of assembly, entitled “an act relating to inspections,” passed 15th of April, 1835, and the several supplements thereto, 736-70 BEEF AND PORK. See Title “Inspection of Produce,” and also the act of assembly, entitled “an 822 INDEX. act relating to inspections,” passed 15th of April, 1835, and the several supplements thereto, 736-70 BLACK-OAK BARK. See Title “Inspection of Produce,” and also act of assembly, entitled “an act relating to inspections/’ passed 15th April, 1835, and the several supplements there¬ to, 736-70 BOARD OF HEALTH. A sanitary board organized, to prevent the approach and spread of the epidem¬ ic or Asiatic cholera, their powers and duties prescribed, and also those of the city officers generally, 759-70 BOARDS AND PLANK. See Title “Iuspection of Produce,” and also act of assembly, entitled “an act relating to inspections,” passed 15th April, 1835, and the several supplements there¬ to, 736-70 BOATS AND WAGONS. See Title “Inspection of Produce,” and also act of assembly, entitled “an act relating to inspections,” passed 15th of April, 1835, and the several supplements thereto, 736-70 BONDS. 1. Collector of taxes, before entering upon the duties of his office, as collector of the water rents, to give bond with surety, to be approved of by the water com¬ mittee, in the sum of $6000, conditioned that he will well and faithfully pay to the treasurer, at the times, and in the manner prescribed by law, all the water rents which he may collect, and that he will not apply to his own use, or any other pur¬ pose, inconsistent with the ordinances, any of the money by him collected, and that he will faithfully do and perform all the duties enjoined on him bylaw, 681 2. The assessor and register of the water rents, before entering upon the duties of his office, to give bond, with such sureties as shall be satisfactory to the water committee, in the sum of $2000, conditioned for the faithful performance of the du¬ ties appertaining to his office, and that he will well and faithfully pay over to the treasurer, all the water rents which he shall collect and recover, 682 3. Bond of the treasurer to be in the sum of $20,000, with two or more suffi¬ cient sureties, to be approved of by the mayor, recorder and city soliciter, condi¬ tioned for the faithful performance of the duties of his office, 706 4. Captain of the watch to give bond in the sum of $1500; lieutenants each in $1000, and watchmen each in $500, with security to be approved of by the mayor, which said bonds shall be held in keeping, to satisfy any damages accruing from misconduct in office, 714 5. See Title “Inspection of Produce,” and also act of assembly, entitled “an act relating to inspections,” passed 15th April, 1835, and the several supplements thereto, 736-70 BOOKS AND PAPERS. 1. Duty of the sanitary board to keep full and faithful minutes of all their pro¬ ceedings, and an account of all their contracts and expenditures, 660 2. The water committee to keep a Book of Record, for the annual alphabeti¬ cal list of assessed water rents, which shall be open to the inspection of the mem¬ bers of the councils, at all seasonable times, if required, 680 3. Duty of the joint standing committee on fire companies, to keep fair and regular minutes of their proceedings, entered in a book kept for that purpose, and also to file and preserve all papers and communications made by or to them, 693 4. Book of minutes, &c. of the committee on fire companies, to be open at all times to the inspection of any member of either councils; and once in each month, at a stated meeting of the councils, the said book of minutes, &c. shall be laid on the table of one of the clerks of the councils, for the information of the members, 693 INDEX- 823 BOROUGH OF ALLEGHENY. Inspector of Salt, &c. to be appointed for said borough, by the town council, &c. See Title “Inspection of Produce,” and also act of assembly, entitled “an act relating to inspections,’ 7 passed 15th April, 1835, and the several supplements thereto, 736-70 BOROUGH OF NORTHERN LIBERTIES. Inspector of Salt, &c. to be appointed in said borough, by the town council,, &c. See Title “Inspection of Produce,” and also act of assembly, entitled “an act relating to inspections,” passed 15th April, 1835, and the several supplements thereto, 736-70 BOUNDARY OF LOTS. All lots which, previous to the opening of Duquesne Way, were bounded by the Alleghany river, shall, after the said way is opened according to law, be forever hereafter bounded by, and front on the said way, 772 BOUNDARIES OF THE NEW DISTRICT. 1. Begining at the S. E. corner of the city, in the Monongahela river, thence by the middle of said river to a point opposite to the two mile run, thence by a straight line carried over the mouth of said run, and over the house of William Farrow, to the intersection of the straight line, with the southern boundary line continued, of the Borough of the Northern Liberties, thence by the said southern boundary line to the eastern boundary of the city, and thence by the same to the place of beginning, 773 2. The same to be set off and subdivided into sections, as follows: No section to contain more than sixty, or less than thirty acres, and the boundary lines of each section to be made to conform, when such conformity can be conveniently attained, with the lines or streets bounding or laid out through the property of individual owners; nor shall any section be made to be partly on one side, and partly on the other side of the Farmers’ and Mechanics’ turnpike road, or of the Pittsburgh and Coal Hill turnpike road, as the same are now located through the said city dis¬ trict, 773 BOUNDARIES OF WARDS. 1. So much of the city as lies northwardly of the middle of Liberty street, and eastwardly of the middle of Marbury street, to be the bounds of iheNorth Ward , 667 2. So much of the city, as follows:—beginning at the middle of Liberty and Marbury streets, down Marbury street to the Alleghany river, down the Alleghany river to its confluence with the Monongahela river, up the Monongahela river to the middle of Wood street, up the middle of Wood street to Diamond alley, up the middle of Diamond alley to Market street, up the middle of Market street to the middle of Liberty street, and down the middle of Liberty street to the place of beginning, to be the bounds of the West Ward, 667 3. So much of the city, as follows:—beginning at the foot of Wood street, on the Monongahela river, up the middle of Wood street to the middle of Diamond alley, along the middle of Diamond alley to the middle of Smithfield street, down Smithfield to the middle of Fourth street, along the middle of Fourth street, and up to the Farmers’ and Mechanics’ turnpike road to the city line, down by the same to the Monongahela river, and down the same to the place of beginning, to be the bounds of the South Ward, 667 4. So much of the city as lies east of the middle of Liberty street, Diamond alley, and the boundaries of the South Ward, as above described, to be the bounds of the East Ward, 667 5. So much of the city as lies northwardly of the middle of Liberty street, and eastwardly of the middle of Marbury street, to be one ward, to be called the North Ward, 704 6 . So much of the city as is included in the following boundaries, viz: begin¬ ning at the middle of Liberty and Marbury streets, and running thence down Mar¬ bury street to the Alleghany river, thence along the Alleghany it verto its confluence 824 INDEX. with the Monongahela river, thence up the Monongahela river to the middle of Wood street, thence up the middle of Wood street to the middle of Diamond al¬ ley, thence up the middle of Diamond alley to the middle of Market street, thence along down the middle of Market street to the middle of Liberty street, and thence down the middle of Liberty street to the place of beginning, to be one ward, to be called the West Ward , 704 7. So much of the city as is included in the following boundaries, viz: begin¬ ning at the foot of Wood street, on the Monongahela river, thence up the middle of Wood street to the middle of Diamond alley, thence along the middle of Dia¬ mond alley to the Farmers’ and Mechanics’ turnpike road, thence along the said road to the city line, thence down the same to the Monongahela river, and thence down the said river to the place of beginning, to be one ward, to be called the South Ward , 704-5 8 . So much of the city as lies south of the middle of Liberty street, east of the middle of Market street, Diamond alley, and the boundaries of the South ward, to be one ward, to be called the East Ward , 705 BRANDS AND MARKS. See Title “Inspection of Produce,” and also act of assembly, entitled “an act relating to inspections,” passed 15th of April. 1835, and the several supplements thereto, ' 736-70 BRIDGES. 1. A bridge authorized to be erected by Harmar Denny, over the Canal, at or near Washington street, of such form and dimensions, as may be prescribed or ap¬ proved of by the Canal commissioners, or by the chief engineer of the Western division of the Pennsylvania Canal, 696 2. Corporation of the city not to incur any liabilities for the construction, pre¬ servation or repair, of the said bridge, 696 3. The western abutment of the said bridge, to be constructed in such form, and of such grade, as shall be directed by the recording regulator of the city, 696 BUILDING. Duty of the assessor and register of the water rents, to grant permits to use the hydrant water for building purposes, to all persons desiring the use thereof, who are not in arrears for water tax, upon the terms and conditions specified in the joint re¬ solution of councils, of the 18th March, 1836, 694-5 BUILDING MATERIALS. The privilege of depositing building materials, &c. on the public landings, near the Monongahela bridge, entirely repealed, 701 BUTCHERS. Not to vend any article of meat, &c. usually sold by them, after the erection of the Liberty street market house, at any other place than the said market house, in Liberty street, on Mondays and Thursdays, under the penalty of five dollars for every offence, 661 BUTTER AND HOG’S LARD. See Title “Inspection of Produce,” and also act of assembly, entitled “an act relating to inspections,” passed 15th April, 1835, and the several supplements thereto, 736-70 CANAL. A bridge athorized to be built over the canal, at or near Washington street, by Harmar Denny, of such form and dimensions as may be prescribed or approved of by the canal commissioners, or by the chief engineer of the western division of the Pennsylvania canal, 696 CANAL COMMISSIONERS. To approve of the form and dimensions of the bridge authorized to be built INDEX. 825 over the Pennsylvania canal, by Harmar Denny, at or near Washington street, in Pittsburgh, 696 CANISTERS AND HALF KEGS. See Title “Inspection of Produce,” and also act of assembly, entitled “an act relating to inspections,” passed 15th April, 1835, and the several supplements thereto, 736-70 CAPTAIN OF THE WATCH. 1. His duty to repair to the watch house, from time to time, before nine o’clock, P. M. every night, there to remain until the hour appointed for the dismissal of the watch and prisoners, unless prevented, &c. 712 2. His duty to promulgate to the watchmen the rules and regulations for the government of the watch, which rules and regulations shall be read once every month, in the hearing of the persons employed, 712 3. Invested with all the powers and authorities of the high constable, all the duties of that officer being likewise imposed on him, except in certain cases, 712 4. His duty to report to the mayor any negligence or want of fidelity that may have been observed in any of the persons under his direction, that they may be forthwith fined, or, if expedient, stricken from the roll, &c. 712 5. To take an oath to perform the duties of his office, to the best of his abili¬ ties, and to give bond in the sum of $1500, with surety, to be approved of by the mayor, which bond shall be held in keeping to satisfy any damages accruing from his misconduct in office, 714 6 . A fine or penalty of not less than five, nor more than $40, at the discretion of the mayor, to be imposed on him, if convicted before the mayor, of official mis¬ conduct, 714 7. His duty to receive all fees or costs to which any individual of the watch may be entitled, and deposit the same in some suitable bank, under the direction of the mayor, to be distributed among the several watchmen who shall have distin¬ guished themselves by their good conduct, 714 8 . His salary increased to 31 dollars per month, to be paid monthly, as hereto¬ fore directed, * 726 Cx\RRIAGES AND HORSES. A fine or penalty of ten dollars, to be imposed on all persons exposing for sale any carriage or carriages, horses, cattle, or animals of any description, in or upon any of the public squares, streets, lanes or alleys of the city. 690 CARS AND LOCOMOTIVES. 1 . All engineers of locomotives, and conductors of cars, engaged in the trans¬ portation of passengers, or of goods, wares, or merchandise of any description, liable to indictment, and punishment by fine and imprisonment, at the discretion of the court, for any gross negligence or wilful misconduct, whereby passengers or other persons may be injured, 788 2. See act of assembly, entitled “an act for the prevention of injuries to indi¬ viduals, by the gross negligence or wilful misconduct of stage drivers and others.” passed 1st of April, 1836, 788 CARTS AND CARTERS. Not to deposit filth, &c. at any place within the city, other than at the public float, at the junction of the Allegheny and Monongahela rivers, under a penalty of ten dollars for every such offence, 603 CASKS AND BARRELS. See Title “Inspection of Produce act relating to inspections,” passed 15th thereto, 125 ,” and also act of assembly, entitled “an of April, 1835, and the several supplements 736-70 826 INDEX. CATTLE MARKET. The cattle market, established by the ordinance of the 29th of May, 1824, chap. 84, ante, p. 171-2, abolished, 690 CELLARS AND VAULTS. All offensive, foul, or mouldy vaults, cellars, privies, or other nuisances, of any kind, injurious to the health or comfort of the inhabitants, to be reported by the assistants of the sanitary board, 659-60 CERTIFICATES OF LOAN. 1 . Mayor authorized to issue a certificate of loan to George A. Cook, for $8,896 75, bearing an interest of six per cent per annum, from 13th May, 1836, payable half yearly at the office of the city treasurer, 793 2 Said certificale to be signed by the mayor and countersigned by the treasu¬ rer, and to be transferable by the said George A. Cook, his assigns, and their legal representatives at the office, and in presence of the treasurer of the city, and not to be redeemed or paid off by the city, without the consent of the holders thereof, be¬ fore 13th May, 1856, 793 3. Faith, funds, credit, revenue, and corporate property of the city, pledged for the payment of the said certificate, and for the payment of the interest accruing; thereon, 793 4. See appendix, title “Public Loans and City Debt,” 805-6 CERTIFICATES OF REMOVAL. The certificates of the mayor’s court, and of the president judge of the fifth judicial district, composed of Allegheny county, that any indictment or civil cause proposed to be removed to the district court of Allegheny county, for trial, is in his opinion within the act of the 16th of June, 1836, to be conclusive evidence of the jurisdiction of the said district court, in such cases, 777 CHAINS. Chains to be extended, at a proper height, from the corner of the south wing of the market house to the corner now occupied by the Dispensary; and also from th& corner of the north wing to the east corner of the Diamond and Market street, and across Diamond and Market alleys, at their entrance into the Diamond, 701-2 CHARGES AND FEES. See Title “Inspection of Produce,” and also act of assembly, entitled “an act relating to inspections,” passed 15th of April, 1835, and the several supplements thereto, 736-70 CHERRY ALLEY. A culvert of not less than three feet in diameter, to be placed at Cherry alley, according to a diagram filed in the office of the recording regulator, 724 CHILDREN AND PARENTS. Parents, children and grand children, liable for the support of their pauper re¬ latives, 783 CHOLERA. 1. Sanitary Board organized, with plenary powers to adopt measures to pre¬ vent the introduction and progress of the epidemic cholera within the city, 659 2. All expenses of the sanitary board to be settled by the board, and reported to the mayor, who shall draw his warrants on the city treasury for the same, 659 3. Organization of the sanitary board; their duties, and those of their assistants; and duty of the street commissioner, wharf master, city constables, &c., 659-60 4. Duty of the superintendent of the waterworks, and of the citizens gene¬ rally, in cleansing of alleys, gutters, pavements, &c., 660 5. All offensive, foul, or mouldy vaults, cellars, privies, or other nuisances of any kind, injurious to the health or comfort of the inhabitants, to be examined and reported to the mayor or the board, 660 INDEX. 827 6 . All sick persons arriving within the city to be reported to the mayor or the board, and to be provided for, with nurses, attendance, medical aid, &c., 660 CIDER, INSPECTION OF. See Title “Inspection of Produce,” and also act of assembly, entitled “an act relating to inspections,” passed 15th April, 1835, and the several supplements there¬ to, 736-70 CITIZENS AND INHABITANTS. 1 . All offensive, foul or mouldy vaults, cellars, privies, or other nuisance of any kind, to be examined and daily reported by the assistants, to the sanitary board, or the mayor, as well those in the streets and alleys, and on the shores of the ri¬ vers, as within the enclosures and houses of the citizens, 660 2. Penalty of five dollars, for every offence, in neglecting or refusing to comply with the written or printed orders of the sanitary board, relative to cleansing gut¬ ters, pavements, &c., 660 3. All citizens occupying any house or tenament within the city, to obey and execute the written or printed orders of the sanitary board relative to cleansing the gutters, pavements, and spaces in front of their respective lots, 660 CITY ACCOUNTS. A faithful account of all contracts and expenditures made by the sanitary board, to be kept by the board, and when such accounts are properly sanctioned, the may¬ or to draw his warrant for the amount, payable out of the fund appropriated for that purpose, 660 CITY ASSESSOR. His salary fixed at one hundred dollars per annum, payable quarterly, by war¬ rants to be drawn by the mayor on the city treasury, 709 CITY BILLS. 1. Five hundred dollars appropriated for the redemption of all city bills yet in circulation, and the interest due thereon, to be paid on demand, at the office of the city treasurer, at any time before the 1st of April, 1835, 679 2. Interest on all city bills to cease after the first day of April, 1835, but the principal and interest on such city bills, up to the 1st of April, 1835, to be paid on presentation, at any time afterwards, 679 3. Amount appropriated for the redemption of the principal and interest of the city bills, in the year 1835, $500, 684 CITY BOUNDARIES. Eastern boundaries of the city to be extended, and the new boundaries particu¬ larly set forth and described in the act of assembly, passed on the 16lh day of June, 1836, 773-77 CITY CONSTABLES. ]. To make daily reports to the sanitary board or to the mayor, of all nuisances they observe, and of all cases of arrivals of sick persons within the bounds of the city, 66Q 2. The salary of the high constable fixed at three hundred dollars per annum, and of the four city constables at two hundred dollars each, payable quarterly, to be paid by warrants to be drawn by the mayor on the city treasury, 709 CITY COUNCILS. 1. Two members of the select, and three members of the common councils, to serve in rotation, monthly, as members of the sanitary board, 660 2. To meet on the first Tuesday of January, annually, and divide the city into four wards or districts, for election purposes, according to the provisions of the act of assembly of the 26th of Dec. 1833, 666 3. To fix the places for holding all general and city elections, for the several wards, at particular houses, to be by them designated, within the bounds of the res¬ pective wards, and not elsewhere, 666 828 INDEX. 4. Select and common councils, in joint meeting, to examine all city election returns, hear all remonstrances and objections to the same, and to determine there¬ on, and to declare the persons qualified, having the greatest number of votes, to be legally elected, 668 5. In all cases where the election has been illegally and unfairly conducted, or the number of legal votes given may render the result doubtful, the councils shall have power to set the same aside, and order a new election, giving notice thereof, as in the case of other special elections, 668 6 . To meet in joint meeting hereafter on the third Tuesday of January, an¬ nually, for the purpose of electing city officers, in place of the second Tuesday, as heretofore, 668 7. Duty of the select and common councils of the city, on the first Tuesday of January, 1834, and annually thereafter, to meet together and divide the city into four wards or districts, so as to make the number of taxable inhabitants of each ward of the city, as nearly equal as may be, 702 8 . Councils also to fix the places of holding all general and city elections, for the different wards, at such houses within the bounds of the respective wards, and not elsewhere, and to change the same as often as public convenience may re¬ quire, 702-3 9. Citizens of each ward to elect annually, on the second Tuesday of January, one person to be a member of the select, and five persons to be members of the common council, 703 10. Members of the select council, to be elected to serve for three years, and members of the common council, to be elected to serve for one year, 703 11. Members of both councils to have the same qualifications, as are required of persons qualified to serve as members of the house of representatives of this commonwealth, 703 12. Councils annually to appoint a joint committee, of one from the select, and two from the common council, whose duty it shall be to consult with the may¬ or, and discharge other duties respecting the employment and management of the permanent city watch, 713 13. Said committee to report quarterly, at the stated meetings in March, June, September, and December of each year, the state of the appropriation, and all things connected with the watch, that they may deem important to the public inter¬ est, 713 14. Authorized aud empowered to lay out, open, extend and widen suchstreet or streets as they may deem necessary and convenient, to communicate between the public streets and the Pittsburgh gas works, 717 15. Authorized and required, upon application to them in writing, of one or more of the owners of lots running from Penn street to the Allegheny river, to de¬ fine, locate, and cause to be opened a public street, to be designated and known as Duquesne Way, to be at least forty feet wide, and running parallel with Penn street from the eastern boundary of the city to Water street, graded not more than four feet below the level of Penn street, 770-71 16. Councils authorized and required, on the petition of not less than thirty of the freeholders owning lots in any section of the new city district, to declare by or¬ dinance the admission of such section into the city, 775 17. After the passage of such ordinance, the said section to be forever there¬ after taken, deemed and allowed to be a part of the city, to all intents and purpo¬ ses, and be subject to the jurisdiction and government of the municipal authori¬ ties of the city, as fully as if it had been an original part of the city, 775 18. Councils, when they consider the opening, widening or extension of any of the streets, lanes or alleys necessary for public use and convenience, authorized to determine the location and limits of such streets, lanes and alleys, 776 19. Plans and specifications of such locations, extensions and widenings of streets, lanes and alleys, to be made by the recording regulator, and deposited in his office for public inspection and examination, 776 20. Councils, once in every year, at least thirty days before holding the city elections, to divide the city into four wards, to be as nearly equal in the mimber of inhabitants as may be, 777 INDEX. 829 CITY ELECTIONS. 1 . The place of holding the general and city elections in the North Ward of the city, fixed at the house of James Armstrong, corner of Penn and St. Clair streets, 702 2 . ’ The city councils authorized and required to fix the places of holding all general as well as city elections, for the different wards of the city, at such houses within the bounds of the respective wards, and not elsewhere, and to change the same as often as public convenience may require, 702-3 3. The city and general elections for the East and South Wards of the city, to be held hereafter, for the East Ward , at the house now occupied by Michael Smith, in Liberty street, facing Hand street, and for the South Ward, at the house now oc¬ cupied by Wm. J. Lyon, corner of Third and Grant streets, 794 CITY LINE. 1 . The trustees of the Pittsburgh gasworks, authorized to lay the necessary- pipes from the works to the city lines, provided the same do not pass through pri¬ vate property, &c., b 7 ^6 2. Councils authorized and empowered to open, extend, and widen cer¬ tain streets necessary to communicate between the public streets of the city and the Pittsburgh gas works, 7 1 7 3. Water pipes required to be laid along Second street, from Ross street to the eastern boundary of the city, and to be continued from thence to a point opposite the Pittsburgh gas works, 71 7 CITY ORDINANCES. 1 . All ordinances, laws and regulations, passed by the select and common councils since the 27th May, 1833, and all acts and parts of acts of assembly, rela¬ ting to the city, to be collected and published in pamphlet form, under the direction of the presidents of the councils and recorder of the city, 705 2. Two hundred and fifty copies of the laws, ordinances and regulations, and acts of assembly, to be printed on a page of the same size, and furnished with mar¬ ginal notes, references and index, in like form and manner with the present pub¬ lished compilation of the city laws, 705 3. Ordinances, laws, regulations, and acts of assembly relating to the city, to be annually collected and published in pamphlet form, in like manner, 706 CITY SOLICITOR. 1. His duty to proceed and recover, according to law, upon the information of the mayor or any of the aldermen of the city, all fines and penalties imposed on persons, for cleansing and purifying foul vaults and privies, in any manner contrary to the ordinances in such cases made and provided, 673 2. City solicitor, together with the mayor and recorder, to approve of the bond of the city treasurer, in the sum of $20,000, conditioned for the faithful per¬ formance of the duties of his office, 706 CITY TREASURER. 1. Treasurer of the city to attend at the office of the mayor, upon occasion of opening the proposals received by him, on the 1st of April, 1835, for the city loan of $75,000, 676 2. To open books for subscription to the gas stock, on the second Monday in May, 1835, to be kept open.at his office during his office hours, for six juridical days thereafter, and no longer, 676 3. To receive from the street commissioner, the proceeds of sale of the Liberty street market house, and distribute the amount thereof among the stockholders or subscribers to the erection of the said market house, in a pro rata proportion to the amount by them severally subscribed towards the building of the said market house, 689 4. To keep the books of subscription to the Pittsburgh gas works stock open, untilthe first Monday of July, 1835, provided the stock should not be all taken be¬ fore that time, and to report the number of shares subscribed, at each meeting of the councils up to that time, 691 5. To refund to each of the stockholders of the last subscribed 585 shares of 830 INDEX. stock in the Pittsburgh gas works, the five dollars paid on each share at the time of subscribing, and to cancel the receipts given by him for the same, 694 6 . The said 585 shares to be taken and retained by the city treasurer, as so much of said stock not yet subscribed for, and to be hereafter disposed of, 694 7. Treasurer to appoint one of the commissioned auctioneers of the city of Pittsburgh, to sell the said 585 shares of stock in the Pittsburgh gas works, at public outcry or auction, 695 8 . Treasurer to give public notice, in the daily newspapers of the city, that the sale of the said 585 shares of stock in the Pittsburgh gas works will commence, at his office, on Fourth street, on the 8th of June, 1835, at 10 o’clock, A. M., 695 9. The treasurer, together with a joint committee of two from the select, and two from the common council, to assemble at the place of sale, at the time appoint¬ ed, with the auctioneer, and superintend the said sale, 695 10. Purchasers of stock, at the said sale, forthwith to pay to the city treasurer, the premium advance above the par value of the said stock, (if such premium shall be obtained,) and five dollars in addition, on account of, and in part of every share so purchased, 695 11. The auctioneer not to accept of any bid for the said stock, at less than the par value thereof, 695 12. The treasurer and said committee of councils, to proceed and sell the said stock, from day to day, continuously, Sundays accepted, until the whole 585shares have been sold and disposed of, 695 13. Proceeds of the said sale, over and above the par value of the said stock, first deducting the reasonable expenses of such sale, to be retained in the treasury, and accounted for by the treasurer, as the other revenues of the city are received and accounted for, 695 14. Required to give bond, in the sum of $20,000, with two or more sufficient sureties, to be approved of by the mayor, recorder and city solicitor, conditioned for the faithful performance of the duties of his office, 706 15. His salary fixed at seven hundred dollars per annum, payable quarterly, by warrants to be drawn by the mayor on the city treasury, 709 CITY WATCH. See details under the head of watch and watchmen, and pages 712 to 715 CIVIL SUITS AND ACTIONS. All civil suits or actions, now pending, or hereafter to be brought, in the court of common pleas of Allegheny county, wherein the city of Pittsburgh is directly or indirectly interested, shall be tried in the district court of Allegheny county, be¬ fore a jury, from which allpersons resident, or owning real property in the said city shal) be excluded, 777 CLEANING OF STREETS. 1. Third section of the ordinance of the 31st of December, 1832, providing for the appointment of an additional street commissioner, repealed, 665-6 2 Amount appropriated for cleaning of streets and paved cartways, for the year 1835, $2,269 75, 683-84 CLERKS OF COUNCILS. The salaries of the clerks of the select and common councils, fixed at two hun¬ dred dollars each, per annum, payable quarterly, by warrants to be drawn by the mayor on the city treasury, 709 CLERKS OF COURTS. Clerks of courts by whom fines are imposed for the use of the poor, &c. to deliver notice of the same to the constables, &c., 786 COAL LANE. 1. Sixth street to be opened and extended from Grant street to Coal lane, by viewers to be appointed by the court of quarter sessions of Allegheny county, ac¬ cording to the provisions of the act of assembly of the 15th of April, 1835, 698 INDEX. 831 2. Coal lane to have a uniform ascending grade from Grant street, eastward- ly, 641 feet, at an angle of one degree and thirty-three minutes above the horizon, and thence to Seventh street a uniform descending grade, at an angle of one de¬ gree and 51 minutes below the horizon, 716 COLLECTOR OF TAXES. 1. Duty of the collector of city taxes, immediately after having received the annual alphabetical list of assessed water rents, approved in writing by the water committee, to forthwith demand payment of the water rents from the estates charg¬ ed therewith, and to collect and recover the same without delay, 660 2. Collector to be allowed the same per centage for his trouble and services, in collecting and paying over the water rents, as is or may be allowed him by law, for collecting and paying over the city taxes, 681 3. Before entering upon the duties of his office, the collector shall give bond, in the sum of $6,000, with sufficient surety, to be approved of by the water com¬ mittee, that he will well and faithfully pay to the treasurer, at the time, and in the manner prescribed, all the water rents which he shall collect, and that he shall not apply to his own use, or any other purpose inconsistent with the ordinances, any of the money by him collected, and that he shall faithfully do and perform all the du¬ ties enjoined on him by law, 681 4 Duty of the collector, on the first Monday of August in every year, to re¬ port in writing, to the register, &c. of the water rents, all delinquents on his list or duplicate of water rents, and to make oath or affirmation, to be written on the said report, and signed by him, and the magistrate or alderman before whom the same was taken, &c. 681 5. His deposition to state, that he, the said collector, had demanded payment of the said water rents from the persons residing on the premises, or owning the estates charged therewith, and that he hath not received the same, nor any part thereof, 681 6. See Title “Education and Common Schools/’ and the act of assembly, com- • monly called the general school law, entitled “an act to consolidate and amend the several acts relatingto a general system of education by common schools,” passed 13th June, 1836, 735 COLLEGES. Trustees, &c. of all colleges in Pennsylvania, having received aid from the state, directed to report the number of students in each class, and the total number of graduates, if any, course of studies pursued, financial resources, &c. to the superintendent of common schools, to be laid before the legislature in his annual report, &c., 790 COMMISSIONERS OF ALLEGHENY COUNTY. 1. Certain streets and alleys in Pittsburgh, to be opened and extended, accord¬ ing to the provisions of an act of assembly passed on the 15th of April, 1835. See Pamph. Laws of Penn, sesion of 1834-35, p. 292-95, 698 2. Court of quarter sessions of Allegheny county, to appoint nine discreet and disinterested freeholders, who, after being sworn or affirmed, shall, together with the commissioners of Allegheny county for the time being, or a majority of them, view the ground proposed to be opened for the extension of said street, 698 3. If the said viewers, or any ten of them, view the said ground, and any se¬ ven of them, including one or more of the county commissioners, agree that there is occasion for opening the said streets, they shall proceed to lay out the same, as agreeably to the prayer of the petitioners as may be, 698 4. Duty of the viewers, in viewing the ground to be opened, and in assessing and apportioning of the damages sustained by individuals, in consequence of the opening and extending of the said streets, fully set forth, 698-9 5. The costs of viewing, and of assessing and apportioning of the damages, &c. and of opening the said streets and highways, to be regulated in the same man¬ ner, as the costs of similar proceedings under the laws of this commonwealth, for making and repairing roads, &c., • 699 832 INDEX. COMMITTEES OF COUNCILS. 1. Water committee authorized to appoint annually, a suitable person as as¬ sessor and register of the water rents, 680 2. To examine the annual alphabetical list of water rents, when completed and returned by the assessor and register, and to correct and approve of the same, in writing, when corrected, . 680 3. To keep a book of record of the water rents, which shall be open to the inspection of the councils at all seasonable times, if required, 680 4. To examine and approve of the bond of the collector of the water rents, in $6,000, before the said collector enters upon the duties of his office, 681 5. To examine and approve of the bond of the assessor and register of the water rents, in $2,000, before he enters upon the duties of his office, 681 6 . The finance committee to attend at the mayor’s office on the 1st of April. 1835, on occasion of opening the proposals received by him for the city loan of $75,000, and together with the mayor and city treasurer, determine the proposals to be accepted, 676 7. The Pittsburgh gas works to be on a scale competent to the manufacture of 50,000 cubic feet of gas daily; and the arrangement of the pipes for the distribution and delivery of the gas to be approved of by the water committee, 688 8 . A committee of gas lighting, to be appointed by the councils, whose duty it shallbe to examine and approve, from time to time, the metres and fixtures author¬ ized by the trustees of the Pittsburgh gas works, for the distribution of gas in the city, 689 9. A joint standing committee, to consist of oneTrom the select, and two from the common council, to be annually appointed in the month of January, to be styl¬ ed “the committee on fire companies.” 692 10 . The standing committee on finance, to provide ways and means, for the payment of $1070, to pay the debts of the Vigilant engine and hose company, due by them to the Firemen’s insurance company, to Merrick and Agnew, and to Pen- nock and Sellers, so that the same shall be paid on the first of July, 1836, with inter¬ est from the first of July, 1835, 692 11. Duty of the joint standing committee on fire companies, to keep regular and fair minutes of their proceedings, entered in a book kept for that purpose, and also to file and preserve all papers and communications made by or to them, 693 12. Book of minutes, &c. of the committee on fire companies, to be open at all times to the inspection of any member of either councils; and once in each month, at a stated meeting of the councils, the said book of minutes, &c. shall be laid on the table of one of the clerks of the councils, for the information of the members, 693 13. Duty of the joint standing “committee on fire companies,” to inspect the fire engines, hose, and other fire apparatus, of the respective fire companies in the city, as often as they may think proper, and to apportion the moneys annually ap¬ propriated for the use of the fire and hose companies of the city thereof, as they may deem necessary, among the several companies, and to act in relation to such apportionment according to their discretion, 692-93- 14. Duty of the joint standing “committee on fire companies,” after they have apportioned the annual appropriation of $1100, to and among the several fire engine and hose companies of the city, to certify the several sumsso allowed, to the may¬ or, for the purpose of payment, ‘ 693 15. A joint committee of two from the select, and two from the common council, to assemble at the treasurer’s office, in Fourth street, on the 8th of June, 1835, and, together with the said treasurer to superintend the public sale, by auction, of the remaining 585 shares of stock in the Pittsburgh gas works, 695 16. Five persons to be annually elected from each ward, as members of the common council, to serve one year, 703 COMMITTEE ON FIRE COMPANIES. 1. A joint standing committee to be appointed by the councils annually, in the month of January, to consist of one from the select, and two from the common coun¬ cil, to be styled “the committee on fire companies,” 692 2. Duly of the joint committee on fire companies, to inspect the fire engines. INDEX. 833 hoSe, and other fire apparatus, of the respective fire companies in the city, as often as they may think proper; and to apportion the moneys annually appropriated for the use of the fire and hose companies of the city, or so much thereof as they may deem necessary, among the several companies, and to act in relation to such ap¬ portionment, according to their discretion, 692-93 3. Duty of the joint committee on fire companies, after they have apportioned the annual appropriation of $ 1100, for the use ot the several fire engine and hose companies of the city, to and among them severally, to certify the several sums so allowed to the mayor, for the purpose of payment, 693 4. Duty of the joint standing committee on fire companies, to keep regular and fair minutes of their proceedings, entered in a hook kept for that purpose, and also to file and preserve all papers and communications made by or to them, 693 5. Book of minutes, &c. of the committee on fire companies, to be open at all times to the inspection of any member of either councils; and once in each month, at a stated meeting of the councils, the said book of minutes, &c. shall be laid on the table of one of the clerks of the councils, for the information of the members, 693 COMMON SCHOOLS. 1. Amount appropriated for the support of commom schools for the year 1835, deducting $538, for appeals, lost taxes, and fees of collection, $8,838, 684 2. See appendix No. Ilf, 808 3. See also, “Education and Common Schools,” and act of assembly, com¬ monly called the general school law, entitled “an act to consolidate and amend the several acts relating to a general system of education by common schools,” passed 13th June, 1836, 726-735 COMPENSATION. No order for the opening and extension of certain streets and highways, under the act of 15th April, 1835, to be granted by the court of quarter sessions, until com¬ pensation shall be first made or tendered to the owners of the ground or property injured by the opening and extending of such streets and highways, 698 CONDEMNED ASHES, POT AND PEARL. See Title “Inspection of Produce,” and also act of assembly, entitled “an act relating to inspections,” passed 15th April, 1835, and the several supplements thereto, 736-70 CONDUCTORS AND ENGINEERS. 1. All conductors and engineers of cars,or any locomotive engines, engaged in the transportation of passengers, or goods, wares or merchandize of any description, liable to indictment, and punishment by fine and imprisonment, at the discretion of the court, for any gross negligence or wilful misconduct, whereby passengers or other persons may be injured, 788 2. See act of assembly, entitled “an act for the prevention of injuries to indi¬ viduals, by the gross negligence or wilful misconduct of stage drivers and others,” passed 1st April, 1836, 788 CONSTABLES. 1. Their duty to make daily reports to the sanitary board, or to the mayor, of all nuisances, and of the arrival of all sick persons within the bounds of the city, 660 2. Duty of the constables attending upon the markets, to cause all obstructions on the footways or pavements, in front of the court-house and public offices, in the Diamond, to be forthwith removed. 662 3. Salary of the high constable fixed at three hundred and fifty dollars, and of the four city constables fixed at two hundred dollars each, per annum, to be paid quarterly, by warrants to be drawn by the mayor on the city treasury, 709 4. See general school law, times and places of holding the elections for school directors, &c. 726 136 834 INDEX. 5. Constables to deliver transcripts, of fines for the use of the poor, received from magistrates and clerks of courts, to the overseers of the poor, under a penalty for failing so to do, 78$ CONTESTED ELECTIONS. 1. The city councils shall, in joint meeting, proceed to examine the election returns for city officers, &c. and to hear all remonstrances and objections to the same, and to determine thereon, and to declare the persons qualified and having the greatest number of votes, to be duty elected, 668 2. In all cases where an election for city officers, &c. has been illegally or un^ fairly conducted, or the number of legal votes given may render the result doubtful,, the councils shall have the power to set the same aside, and order a new election, giving notice thereof as in the case of other special elections, 668 CONTRACTS. 1. No contract to be entered into, or expenses incurred by the trustees of the Pittsburgh gas works, to exceed the amount of the subscriptions, 688 2. No trustee, superintendent or agent of the Pittsburgh gas works, to be con¬ cerned or interested, either directly or indirectly, in any contract or engagement for doing work or labor, or furnishing and providing materials for the works. 688 CONTRIBUTIONS. Persons, whose property is benefited by the opening and extension of certain public streets and highways within the city, according to the provisions of the act of assembly of the 15th of April, 1835, to pay, rateably, such damages and contri¬ butions as may be appointed and assessed on them by the viewers of such streets and highways, appointed by the court of quarter sessions of Allegheny county, 699 COOK, GEORGE A. 1. Certificate of debt for $8896 75, to be issued to him,&c.in pursuance of Chap. 228, entitled “an ordinance providing for the purchase of two pieces of ground on Holmes’ Hill, in the manor of Pittsburgh, containing together five acres 81 perches, and 181 feet, 793 2. See appendex, title “Public Loans and City Debt,” 805 COOPERS AND PACKERS. See Title “Inspection of Produce.” and also act of assembly, entitled “an act relating to inspections,” passed 15th of April, 1835, and the several supplements thereto, 736-70 CORN MEAL. See Title “Inspection of Produce,” and also act of assembly, entitled “an act relating to inspections,” passed 15th of April, 1835, and the several supplements thereto, 736-70 CORPORATION OF PITTSBURGH. 1. Where the validity of any regulation of a street or alley, in Pittsburgh, made either before or since its incorporation as a city, may be brought in question, al¬ though the said city of Pittsburgh may not, by its corporate name, be a party to the record, the same shall be tried in the district court of Allegheny county, before a jury from which all persons resident, or owning real property in said city, shall be excluded, ' 777 2. All indictments and civil actions, now pending or hereafter to be preferred or instituted in the courts of civil or criminal jurisdiction, within the city of Pitts¬ burgh or county of Allegheny, wherein the corporation or city of Pittsburgh are directly or indirectly interested, shall be removed to the district court of Alleghe¬ ny countv, on certain conditions, as set forth in the act of assembly of the 16th of June,1836, 777-78 CORRECTION OF ERRORS AND MISTAKES. See Title “Inspection of Produce,” and also act of assembly, entitled “an act INDEX 835 relating to inspections/’ passed 15th April, 1835, and the several supplements there¬ to, 736-70 COSTS ON APPEALS. 1. How, and in what manner, costs, &c. are to be recovered in individual ca¬ ses; and proceedings to recover costs in c-tses of overseers of the poor, 781 2. Court of quarter sessions may impose the costs and charges on delinquent appellants, under the poor laws, from the judgment of magistrates, &c. 783-87 COSTS AND CHARGES. 1. All costs and charges attendant upon the viewing of certain streets and high¬ ways within the city, for the purpose of opening and extending the same, accord¬ ing to the provisions of the act of assembly of the 15th of April, 1835, to be regu¬ lated in the same manner as the costs of similar proceedings are regulated under the laws of this commonwealth, for making and repairing of roads and highways, (>99 2. All the necessary costs and expenses attending the surveying, locating, lay¬ ing out and marking the new city district, making plans and maps of the same, to be paid by the county commissioners, on warrants drawn on the county treasu¬ ry, 775 COUNCILS. 1. A joint committee of two from the select, and two from the common coun¬ cil, together with the treasurer, to assemble at the treasurer’s office in Fourth street, on the 8th of June, 1835, and along with the said treasurer to superintend the pub¬ lic sale of the remaining 585 shares of stock in the Pittsburgh gas works, 695 2. The right of the city corporation reserved, whenever the councils may deem it expedient, to take possession of the gas works, and convert the stock into a loan, redeemable in 20 years from the date of such conversion, bearing an interest of five percent, payable half yearly, on the first days of February and August, 687 3. Councils to elect twelve trustees for the Pittsburgh gas works, within 20 days after the 27th of April, 1835; six trustees to be elected by each council; and annu¬ ally thereafter, at the stated meeting in January, each council to elect two trustees, in place of those whose term of service has expired, 687 4. Not more than two members of each council, to be trustees of the Pitts¬ burgh gas works, at any one time; and all vacancies occuring in the board of trus¬ tees, to be filled by special elections to be held by the body in whose delegation in the board of trustees the vacancy exists, 687 5. Councils to receive the accounts and proceedings of the trustees of the Pittsburgh gas works, for the previous year, annually, in the month of January, 688 6. Councils to give their approbation, from time to time, to such rules and regulations as may be prepared and submitted to them by the trustees of the gas works, for the distribution of gas to private consumers, and to the public lamps, 688-89 7. A committee on gas lighting, to be appointed by the councils, who are to examine and approve of the metres and fixtures, for the distribution of gas in the city, 689 8. Councils may authorize, at any time, an additional subscription to the gas works stock, of $20,000 or 400 shares of $50 each, on the application of the stock¬ holders, if the same be found necessary to complete the works, and put them in full operation, 686 9. Two members of the select, and three members of the common councils, to serve in rotation, monthly, as members of the sanitary hoard, 660 10. Councils to choose annually, in the month of January, a joint standing committee, consisting of one from the select, and two from the common council, to be styled “the committee on fire companies.” 692 COUNTERFEITING MARKS, BRANDS, &c. See Title “Inspection of Produce,” and also act of assembly, entitled “an act relating to inspections,” passed 15th of April, 1835, and the several supplements thereto, 736-70 836 INDEX. COUNTRY PRODUCE. 1. See Title “Inspection of Produce,” and also act of assembly, entitled “an act relating to inspections,” passed loth of April, 1835, and the several supplements thereto, 736-70 2. Licenses authorized to be granted to persons following the business of sell¬ ing country produce at second hand, for using portable stalls, placed within the mar¬ ket space in the Diamond market house, at such place or places as may from time to time be direcled by the officers of the markets, for the purpose of exposing to sale such articles of country produce as they may have purchased without the limits of the city, 725 3. Ten dollars per year to be paid to the mayor, for the use of the city, for every such license; and thirty-seven and a half cents per day to be paid to the clerk of the markets, for the use of the city, by occasional visiters occupying such stalls, 725 COUNTY COMMISSIONERS. 1. Certain streets and alleys in Pittsburgh to be opened and extended, accord¬ ing to the provisions of the act of assembly of the 15th April, 1835. See Pamph. Laws of Penn, session of 1834-5, p. 292-95, 698 2. Court of quarter sessions of Allegheny county, to appoint nine discreet and disinterested freeholders, who, after being sworn or affirmed, shall, together with the commissioners of Allegheny county for the time being, or a majority of them, view the ground proposed to be opened for the said streets, 698 3. If the said viewers or any ten of them, view the said ground, and any se¬ ven of them, including one or more of the county commissioners, agree that there is occasion for opening the said streets, they shall proceed to lay out the same, as agreeably to the prayer of the petitioners as may be, 698 4. Duty of the viewers, in viewing the ground to be opened, and, in assessing and apportioning the damages sustained by individuals, in consequence of the o- pening and extending of the said streets, fully set forth, 698-99 5. To receive from the governor, positive standards of the measures of length, capacity and weight, to be made in pursuance of the act of 15th April, 1834, after the same shall be duly stamped; to be kept in the commissioners office, and used as standards for the regular adjustment of weights and measures, and for no other pur¬ pose, 721 6. See “Education and Common Schools,” 808 7. Act of assembly, commonly called the general school law, entitled “an act to consolidate and amend the several acts relating to a general system of educa¬ tion by common schools,” passed the 13th June, 1836, 726-35 8. Required to draw their warrants on the county treasury, for the pay of the viewers or commissioners to be appointed to lay out and locate the new city dis¬ trict; and also for all costs, charges and expenses necessarily incurred in surveying, locating and marking the same, and for the necessary plans and maps thereof, 775 9. Their duty to lay a special tax, sufficient in amount to reimburse the sums so paid, and all charges incurred in assessing and collecting the same, in the same manner as the county rates and levies are assessed and collected; the same to be as¬ sessed, levied and collected on the real property situate within the said new dis¬ trict, 775 COURT HOUSE. 1. The footways in front of the court house and public offices, in the Dia¬ mond, not to be obstructed by tables, benches, barrels, bags, baskets, furniture, ves¬ sels, packages, or vegetables, at any time, under a penalty of two dollars for every such offence, 662 2. All such obstructions on the footways or pavements in front of the court house and public offices in the Diamond, to be forthwith removed by the consta¬ bles attending upon the market, 662 3. Commissioners of Allegheny county authorized to build a new court house and public buildings for the use of the county; and to borrow any sum not exceeding $60,000 for that purpose, 718 COURT OF COMMON PLEAS. J. Authorized, on petition, to appoint fifteen or more disinterested freeholders, INDEX. 837 to view the proposed extension of Exchange alley from St. Clair to Irwin street, &c. 719 2. If the viewers report favorably, and the said report is approved by the court, it shall be entered on record, and the said alley shall thenceforth be deemed and taken to be a lawful public alley, 719 3. Writs of scire facias to be issued out of the court of common pleas, to re¬ cover damages sustained, in the same manner as debts secured by mortgage are now by law recoverable, 719 4. When the damages and costs awarded by the viewers, and confirmed by the court, shall be paid to the proper persons entitled thereto, the court shall order the said alley to be opened, and the same shall be opened by the street commission¬ ers, 719 5. All civil actions now pending, or hereafter to be brought, in the court of common pleas of Allegheny county, wherein the city of Pittsburgh is directly or indirectly interested, although the said city of Pittsburgh, may not, by its corporate name, be a party to the record, shall be tried in the district court of Allegheny county, before a jury, from which all persons resident, or owning property in said city, shall be excluded, 777 COURT OF QUARTER SESSIONS. 1. Court of quarter sessions of Allegheny county, on being'petitioned, authori¬ zed to grant a view for the purpose of ascertaining the propriety of opening and extending Sixth street from Grant street to Coal lane, 698 2. And also, Wylie street to Grant street, or some other street within the city, to be designated by the viewers to be appointed by the said court, 698 3. And also, in like manner, High street from Coal lane ta the Farmers’ and Mechanics’ turnpike road, at some point near the Fort Pitt glass works, 698 4. Court to appoint nine discreet and disinterested freeholders, who, after be¬ ing duly sworn or affirmed, shall, together with the commissioners of Allegheny county for the time being, or a majority of them, view the ground proposed to be opened for the said streets, 698 5. If the said viewers or any ten of them, view the said ground, and any seven of them, including one or more of the county commissioners, agree that there is occasion for opening the said streets, they shall proceed to lay out the same, as a- greeably to the prayer of the petitioners as may be, 698 6. The said streets to be laid out in such a manner as to do the least injury to private property—and the viewers to report their proceedings to the next court of quarter sessions—and if the said court shall approve of the same, the said report shall be entered on record, and thenceforth such streets shall be deemed taken and allowed to be public streets and highways, 698 7. The said viewers, or any seven of them, shall inquire what damages any individual or individuals shall or may sustain by reason of opening and extending the said streets and highways, and shall make a fair estimate of the same, 698 8. The said viewers shall also inquire to whom the opening of the said streets and highways shall be a benefit, and shall apportion and assess the amount of damages so found, upon the individuals so benefited, fairly and equitably, in pro¬ portion to the benefit received therefrom, and the value of their property adjacent to the said streets and highways, 698 9. The said viewers shall file their apportionment and assessment in the court of quarter sessions of Allegheny county; and on the same being approved by the said cou t rt, it shall be entered and recorded at large upon the docket thereof, and shall bind and conclude all parties, owning or claiming to own, the property adjudg¬ ed to be so benefited by the opening of the said streets and highways, 698 10. All such sums, so assessed and apportioned, shall be and remain a lien upon the property adjacent to the said streets and highways, of the owners so adjudged to be benefited as aforesaid, until the same with the costs, shall have been paid or tendered to the individual or individuals entitled to receive the same, 698 11. If any individual or individuals assessed for contribution as aforesaid, shall neglect or refuse after sixty days notice of the approval by the court of quarter ses¬ sions, and a demand made to pay the sum assessed and apportioned to be paid by him or them, the said court shall and may, at any time after the expiration of the said sixty days, issue a scire facias on the said lien or liens, 699 838 INDEX. 12. Such scire facias to be issued in the name of the commonwealth, for the use of such individual or individuals aggrieved, against such persons as shall, after notice as aforesaid, neglect or refuse to pay the sums assessed and apportioned on him or them, commanding him or them to appear before the said court of quarter sessions, on a day certain, therein to be named, 699 13. The defendant or defendants to such scire facias then and there to show cause why the amount of the said assessment and apportionment should not be le¬ vied of his goods and chattels, lands and tenements, with the costs thereof, 699 14. And the said court of quarter sessions, unless sufficient cause be shown, shall, and they are duly authorized to issue an execution, and levy the same, in the same manner that judgments in civil actions are levied, 699 15. As soon as the costs and damages so assessed and apportioned shall be paid, or tendered to the individuals entitled to receive the same, the court of quarter ses¬ sions shall order the said streets and highways to be opened; and they shall thence¬ forth be subject to the same rules and regulations as other streets and highways in the said city and county are subject, 699 16. The costs of viewing, and of assessing and apportioning the damages, &c. and of opening the said streets and highways, to be regulated in the same manner as the costs of similar proceedings under the Jaws of this commonwealth, for ma¬ king and repairing of roads, &c. 699 17. Act of assembly entitled, “a further supplement to the act entitled an act to incorporate the city of Pittsburgh and for other purposes,” passed 15th of April, 1835, 697-99 18. Court of quarter sessions of Allegheny county to appoint viewers, &c. to lay out Duquesne Way; duty of viewers; proceedings in court; assessment of dama¬ ges; record of proceedings, &c. 771-72 19. Court authorized, at any time before the 1st of June, 1837, to order and ap¬ point three disinterested freeholders, not resident of the new district, as commis¬ sioners, who shall be sworn or affirmed, &c. and perform certain duties with re¬ gard to the surveying and division of the new city district, 773-4 20. Vacancies in the board of commissioners, to be filled up by new appoint¬ ments, &c. by the court, 774 21. Plans of said new districts to be made by the viewers and filed in the office of the clerk of the court of quarter sessions, and to be open to public inspection and examination, 774-5 22. Court of quarter sessions to examine the said reports, hear objections to the same, and to make alterations in the lanes, streets or alleys of the plans reported, and to establish and confirm the same, &c. 775 23. After confirmation the maps or plans of said new districts and sections, and the streets, lanes and alleys so approved by the court of quarter sessions, shall for¬ ever after be deemed, adjudged and taken as public highways, 775 24. The opening of the said streets, lanes and alleys in the new district, accord¬ ing to the maps and plans confirmed by the court, shall not take place, until all the provisions of the act of assembly shall have first been complied with, 775 25. Court of quarter sessions to receive petitions from persons aggrieved by the proceedings of the city councils, in opening new streets, lanes or alleys within the city, or in opening, widening or extending of any of the streets, lanes or alleys already laid out, 776 26. The same proceedings thereon to be had in the said court of quarter ses¬ sions in every respect, as are usually had in said court for the view and appraise¬ ment of damages, the report and confirmation thereof, under the provisions of the general road laws of this commonwealth, 776 CULVERTS. Culverts, of not less than three feet in diameter, to be placed at Grant street, Cherry alley, Smithfield street, Wood street, Market street, Ferry street, Short street, Liberty street, and Penn street, and between Penn street and the Point, as marked on the diagram filed in the office of the recording regulator, 724 DAMAGES. 1. The viewers appointed by the court of quarter sessions of Allegheny coun- INDEX 839 tv, for the purpose of ascertaining the propriety of opening and extending certain public streets of the city, authorized, at the same time, to assess and apportion the damages incurred by individuals in consequence thereof, 698 2. Such report, when made, to be filed and entered of record in said court of quarter sessions, and, when approved by the court, to be final and conclusive against all parties affected thereby, owning or claiming to own the property adjudged by the said viewers to be so benefited by the opening of the said streets and high¬ ways, 698 3. The several sums so assessed and apportioned by the said viewers, to be and remain a lien upon the property adjacent to the said streets and highways, by them adjudged to be benefited, until the same* together with the costs, shall have been paid or tendered to the persons entitled to receive the same, 699 4. Writs of scire facias may issue on such liens, and judgments be extended thereon, and executions issued to satisfy the same, to be levied in the same manner that judgments in civil actions are levied, 699 5. The costs accruing in consequence of the viewing and opening of the said streets and highways, to be regulated in the same manner as the costs of similar proceedings are regulated under the laws of this commonwealth, for making and repairing of public roads and highways, 699 6 . The owner or owners of any ground through which any street shall be o- pened, extended or widened, to lead to the Pittsburgh gas works, may proceed in the same manner to obtain indemnification for injury he or they may sustain there¬ by, as is directed by the several acts in force, and providing for the opening of pub¬ lic roads in this commonwealth, 717 7. Damages sustained by owners of lots, in the block of lots on Liberty and Penn streets, by the opening and extension of Exchange alley, from St. Clair to Irwin street, to be assessed by the viewers appointed by the court of common pleas, taking into consideration the advantages accruing as well as the injury done, 719 8 . Report of viewers to be filed of record in the court of common pleas, and when approved of by the said court, the damages shall become a lien against 1 he lots upon which they may respectively be assessed, and may be recovered by writ of scire facias , for the use of the person in favor of whom such damages are assessed, as debts secured by mortgage are now by law recoverable, 719 9. Duquesne Way not to be opened as a publichigh way, until all the provisions providing for the assessment of damages, and compensation to the owners of lots shall have first been fully complied with, 771 10. The owner or owners of ground through which any street, lane, or alley, in the new city district, not previously laid out by the owners, shall be opened, may proceed in the same manner to obtain indemnification for any injury he or they may sustain thereby, as is directed by the several acts in force, and providing for the opening of public roads in this commonwealth, 776 11 . In all cases of opening, extending or widening of any of the streets, lanes or alleys of the city already laid out, persons suffering damages may petition the court of quarter sessions, who shall make the necessary orders on the same, and the same proceedings in every respect shall be had thereon, as for the view and ap¬ praisement of damages under the road laws of this commonwealth, 776 12. Councils directed to cause payment of the damages so assessed, when ap¬ proved or confirmed by the court of quarter sessions; and if such damages be not paid within one year after such confirmation, the proceedings thereon to be held null and void, 777 DAMAGED AND SOUR FLOUR. See Title “Inspection of Produce,” and also act of assembly, entitled “an act relating to inspections,” passed 15th of April, 1835, and the several supplements thereto, 736-70 DELINQUENTS AND DEFAULTERS. 1 . Duty of the collector of the water rents, on the first Monday of August an¬ nually, to report in writing to the register and assessor of the water rents all delin¬ quents on his list or duplicate of water rents, 681 2. Collector to make oath or affirmation, to be written on the said report, and 840 INDEX. to be signed with his name and that of the alderman or magistrate by whom the same shall be administered, that he, the said collector has demanded payment of the said water rents from the persons residing on the premises or owning the estates charged therewith, and hath not received the same, nor any part thereof, 681 3. Notice, in writing, to be immediately given, to all such delinquents and defaulters, of the amount of the water rents due by them respectively; and that un¬ less the same shall be paid before the expiration of two weeks thereafter, they will be deprived of the use of the water, 681 4. And that suit will be instituted for the water rent due, as well as for the charges of detaching the ferule from the pipe of conduit, and the expenses of re¬ pairing over the water pipe, together with*an additional ten per cent, as a penalty for such delinquency, 681 5. On the failure of such delinquents and defaulters to make the required pay¬ ments, the register and assessor of the water rents is required and enjoined to make a report, in writing, on the first Monday of September annually, containing the name and residence, with the rents and charges due by each delinquent or defaul¬ ter, 681 6. The list of delinquents and defaulters, to be delivered by the assessor and register of the water rents to the superintendent of the water works, who, on re¬ ceiving said list, shall forthwith cause the ferules of all such delinquents to be de¬ tached from the pipe of conduit, unless the amount of the rent due be paid to him, which he is authorized to receive and pay the same to the register of the water rents, 681 7. The register, &c. of the water rents shall cause suits to be instituted before the mayor or any of the aldermen of the city, against all such delinquents and de¬ faulters, for the recovery of the water rents due and unpaid as well as for the char¬ ges of detaching the ferule from the pipe of conduit, and the expenses of repairing over the water pipes, with costs of suit, together with ten per cent additional on the amount, and when the same is so recovered, he shall pay the same over to the city treasurer, 681 DENNY, HARMAR. 1. Authorized to erect a bridge over the canal at or near Washington street, of such form and demensions as may be approved of by the canal commissioners, or by the chief engineer of the western division of the Pennsylvania canal, 696 2. Corporation of the city of Pittsburgh not to incur any liabilities for the con¬ struction, preservation or repair of the said bridge, . 696 3. The western abutment of the said bridge to be constructed in such form, and of such grade, as shall be directed by the recording regulator of the city, 696 DENOMINATION OF WEIGHTS AND MEASURES. The denomination of all standards of weights and measures, to be used in Pennsylvania, fully set forth and specified in the act of assembly of the 15th of April, 1834: and positive standards of all kinds to be furnished to*the county com¬ missioners for public use, and to be used for no other purpose, 720-22 DEPUTY INSPECTORS. See Title “ Inspection of Produce,” and also act of assembly, entitled “an act relating to inspections,” passed 15th April, 1835, and the several supplements there* to, 736-70 DESERTION OF CHILDREN. In cases of desertion by husband or wife, warrants of apprehension to be issued by magistrates, and the parties, if apprehended, bound over with security for their appearance at the next court of quarter sessions, 78dt4^ DIAMOND ALLEY. Diamond alley, Virgin alley, and Sixth street, to be each of them graded from Grant street a uniform descent to Smithfield street, 716 DIAMOND MARKET HOUSE. 1. The annual rents of the stalls in the Diamond market house to be increased, INDEX. 841 after 1833; no stall to be rented for less than $30; and for stalls heretofore rented at $18, the rent to be increased to $35, and for all stalls heretofore rented at $22, the rent to be increased to $40, 661-2 2. Mayor authorized to grant licenses to persons following the business of sell¬ ing country produce at second hand, to have portable stands placed within the mar¬ ket place in the Diamond market house, at such place or places as may, from time to time, be directed by the officers of the market, for the purpose of exposing to sale such articles of country produce as they may have purchased without the limits of the city, 725 3. Each and every person wishing to be licensed for the purposes aforesaid, to pay to the mayor for the use of the city, the sum of $10 per year; and occasional visiters the sum of 37| cents per day, to be paid to the clerk of the markets, for the use of the city, 725 4. Full power vested in the mayor and aldermen of the city, in cases of con¬ viction, under any of the city ordinances which impose a fixed penalty, to fine from one dollar up to the sum or sums so fixed, as the equity of the case may require, 725 5. The rents of stalls in the Diamond market house to be increased after the expiration of the year 1836; the rents of said stalls to be paid in advance as hereto¬ fore; but present occupants to have a preference in the renting of said stalls, 792 DIAMOND STREET. Diamond street to be graded from Grant street, eastwardly, 177 J feet, at a uni¬ form ascent of five inches in every ten feet, and thence, at a uniform descent, one inch and eight tenths in every ten feet, to Ross street, 716 DIRECTORS OF THE POOR. To publish, annually, a statement of their accounts, after fully rendering the same, 785 DIRECTORS OF SCHOOLS. 1. See appendix No. Ill, 808 2. See, also. Title “ Education and Common Schools,” and the act of assem¬ bly, commonly called the general school law, entitled “an act to consolidate and amend the several acts relating to a general system of education by common schools,” passed 13th of June, 1836, 726-35 DIRT. 1. To be removed from all places where it may accumulate within the city, and to be placed where it cannot be injurious to the city water works, by the street commissioner, under the orders of the sanitary board, 660 2. Not to be deposited at any place within the city, other than at the public float, at the junction of the Allegheny and Monongahela rivers, under a penalty of ten dollars for every offence, 663 3. The contents of all foul and offensive vaults or privies to be deposited at such place as shall be designated by the street commissioner, and at no other, 674 DISORDERLY PERSONS. All disorderly persons, persons mimicking the watch, or insulting them, and all drunkards, vagrants, felons, and suspicious persons to be apprehended by the watch¬ men, and conveyed to the public watch house, and thence, at the proper time, to the mayor’s office, for examination and punishment, 713-14 DISTILLERS AND MILLERS. See Title “Inspection of Produce,” and also act of assembly, entitled “an act relating to inspections,” passed 15th of April, 1835, and the several supplements thereto, 736-70 DISTRICTS. 1. The city to be divided into districts, by the sanitary board, for the purpose 842 INDEX. of preventing the introduction of the cholera, or any other epidemic disease, and assistants to be appointed for each district, 659 2. The joint committee of the councils, on the subject of the permanent city watch, required to divide the city into suitable districts for the several watch¬ men, 713 DISTRICT COURT. 1. All indictments and civil actions now pending, or hereafter to be preferred or instituted in any of the courts of civil or criminal jurisdiction within the city of Pittsburgh, or county of Allegheny, wherein the city of Pittsburgh may be directly or indirectly interested, to be tried in the district court of Allegheny county, before a iury, from which all persons resident or owning real property in said city shall be excluded, 777 2. And also, in all cases wherein the validity of any regulation of a street or alley in said city, made either before or since its incorporation as a city, may be brought in question, although the said city of Pittsburgh may not, by its corporate name be a party to the record, the same shall be tried in the said district court of Allegheny county, before a jury, from which all persons resident, or owning real property in the said city shall be excluded, 777 3. In all such cases, the certificate of the mayor’s court of the city of Pitts¬ burgh, or of the president judge of the fifth judicial district composed of Alleghe¬ ny county, that the indictment or civil cause proposed to be removed, is in his opin¬ ion within the meaning of the act of the 16th June, 1836, shall be conclusive evi¬ dence of the jurisdiction of the said district court in such case, 777-78 4. In such cases, after such certificate is granted, the indictment and all papers connected therewith, if it be a criminal case, or the original writ and all papers con¬ nected therewith, if it be a civil case, shall be transmitted to the said district court, 778 5. If in the trial of any such indictment or court action, question of law shall be raised by either party, the decision thereof by the said district court shall not be final, but either party may appeal from such decision to the supreme court, upon entering into recognizances in the district court, for the payment of all costs, in case the judgment of the supreme court should be adverse to such appellant, and filing of record, at the same time, a specification of his reasons for entering the ap¬ peal, 778 6. The district court shall have power to take the recognizances of the defend¬ ant or witnesses in any indictment which may be removed to said court, for the purpose of securing their attendance upon the trial thereof, and of passing sentence when the verdict of the jury shall be against the defendant, 778 DISTRICT SCHOOLS. 1. See Appendix No. Ill, 880 2. See, also, Title “Education and Common Schools,” and the act of assembly, commonly called the general school law, entitled “an act to consolidate and amend the several acts relating to a general system of education by common schools,” passed 13th June, 1836, 726-35 DIVIDENDS. 1. Trustees of the Pittsburgh gas works required to declare a dividend of the profits arising from the manufacture and sale of gas, semi-annually, on the first days of February and August, after deducting the cost of the gas works lot, the expense of manufacturing the gas, the cost of repairs to the works, and the incidental charges of the establishment; and to issue a requisition on the mayor for the payment of the said dividends to the holders of certificates, 688 2. All dividends declared on the stock of the Pittsburgh gas works, when held by persons residing within the city of Philadelphia, to be made payable to the holders thereof at the Schuylkill Bank, or such other place within the city of Phila¬ delphia, as the councils of the city of Pittsburgh may by ordinance designate, 691 DIVISION OF WARDS. 1. Select and common councils of the city, on the first Tuesday of January, INDEX, 843 1834, and annually thereafter, to divide the city into four wards, or districts, so as to make the number of taxable inhabitants of each ward of the city, as nearly e- qual as may be, 702 2. Councils to fix the places of holding all general and city elections for the different wards, at suitable houses within the bounds of the respective wards, and not elsewhere, and to change the same as often as public convenience may require, 702-3 3. The city divided into four w T ards,for general and city elections, according to the provisions of the act of assembly of the 26th of December, 1833, 795 DOGS. 1 . Mayor authorized to appoint a suitable person to assess the owners of dogs within the city, 797 2. Assessment to be returned, under oath, to the city treasurer, on or before the first of March annually, 797 3. Amount of the annual assessment for dogs belonging to householders, $2, for the first, and $4 for each and every dog boyond the first, 797 4. Assessment on dogs owned by residents, not householders, $5 for each and every dog owned or possessed by such persons, within the city, 797 5. Assessment of female dogs—$ 6 , for the first, and $10, for every one beyond the first, 797 6 . The taxes on dogs to be collected by the collectors of the city taxes, in the same manner, and upon the same terms and conditions, as other city taxes are col¬ lected, 797 7. Duty of all persons to register their dogs, if neglected by the assessor, and no person to put a collar on any dog, unless the taxes for such dog are paid, under a penalty of not less than $10, nor more than $20, for each offence, 797 DOMESTIC DISTILLED SPIRITS. See Title “Inspection of Produce,” and also act of assembly, entitled “an act relating to inspections,” passed 15th April, 1835, and the several supplements there¬ to, 736-70 DRUNKARDS. All drunkards and vagabonds, as well as suspicious persons, to be apprehended by the watchmen, and conveyed to the watch house, and from thence, at the proper time to the mayor’s office, for examination and punishment, 713-14 DRY MEASURES. The positive standard of dry measures fixed and determined by act of assem¬ bly, 720-21 DUQUESNE WAY. A public way or street, to be called Duquesne Way, to belaid out forty feet wide, from the eastern boundary of the city to Water street, on a line parallel with Penn street, to be graded not more than four feet below the grade of Penn street, 770-71 EASTERN BOUNDARY OF THE CITY. Duquesne Way to be laid out on a parallel line with Penn street, from Water street to the eastern boundary of the city, forty feet wide, and at a grade of not more than four feet below the level of Penn street. 770-71 EAST WARD. 1 . All general and city elections within the bounds of the Eastward of the city, to be held at the house of John Dully, corner of Wood and Fifth streets, 664 2. The boundaries of the East Ward , hereafter to be as follows:—so much of the cky as lies east of the middle of Liberty street, Diamond alley, and the boun¬ daries of the South ward, 067 3. So much of the city as lies south of the middle of Liberty street, east of th« 844 INDEX. middle of Market street, Diamond alley, and the boundaries of the South ward, to constitute the boundaries of the East Ward , 705 4. The general and city elections for the East Ward of the city to be held at the house of John Dully, corner of Wood and Fifth street, 705 5. The place for holding the general and city elections for the East Ward of the city altered and fixed at the house now occupied by Michael Smith, in Liberty street, facing Hand street, 794 EDUCATION AND COMMON SCHOOLS. 1. See appendix, No. Ill, page, * 880 2. Act of assembly, commonly called the general school law, entitled “an act to consolidate and amend the several acts relative to a general system of education by common schools,” passed 13th June, 1836, 726-35 3. Formation of separate school districts, 726 4. Time and place of electing school directors, ib 5. Proviso as to elections in new districts, 727 6. Organization of the boards of directors &c. ib 7. Taxes be levied annually for school purposes, ib 8. Public meetings of the inhabitants to be held in the several districts, on the first Tuesday of May annually, 727 9. Assessors to furnish the boards of directors with correct copies of their du¬ plicates, 727 10. Amount of poll and other taxes to be levied on the inhabitants for school purposes, 727-8 11. Mode of levying, apportioning and collecting of the taxes assessed for school purposes, 728 12. Mistakes in assessments to be rectified, and exonerations to be entered on record, 728 13. Powers and duties of collectors of the school tax, to be the same as those of collectors of county taxes, &c. 728 14. School tax on unseated lands, how to be collected, ib 15. General duties of the school directors, 729 16. School districts may be divided into sub-districts, ib 17. Of the building of school houses, ib 18. Supervision of the schools, when established, ib 19. Payment of the expenses, &c. ib 20. Visitation of the schools, after established, ib 21. School districts may be united, . ib 22. Annual reports to be made by the board of directors, to the superintendent of common schools at Harrisburgh, 729 23. Compensation and exemptions to the school directors, ib 24. Formation of sub-school districts, 730 25. Of the choice of schools, ib 26. Duty of the school directors, in cases of neglect to elect school commit¬ tees, 730 27. Duties of the district treasurers, ib 28. Secretary of the commonwealth to be superintendent of common schools, and his duties set forth, 730-31 29. All necessary blank forms to be furnished by the superintendent, and trans¬ mitted to the county commissioners, 730 30. Duty of the superintendent to make an annual report on the condition of the schools to the legislature, 730 31. To sign all orders drawn on the state treasurer in favor of the district treasurer, 730-31 32. To adjust and settle all controversies arising among the school directors of any district or adjoining districts, without cost to the parties, 731 33. Annual statements, of the amounts due by the State to each school dis¬ trict, to be transmitted to the county commissioners, in the month of February, 731 34. Statement to be published three times in one or more newspaper of the proper county, 731 35 Appropriations of the funds for the support of common schools regulated after the year 1837, 731 INDEX* 845 36. Balance of former appropriations, how to be settled and accounted for, 731 37. Undrawn balances to be repaid to the school fund annually, 731-32 38. Residents of school districts to draw their warrants on the State treasurer annually, 732 39. Meetings to be held annually in districts not organized for school purpo¬ ses, 732 40. Of the organization of such meetings, ib 41. Electors to vote at such meetings by ballot “school” or “no school,” ib 42. Of the counting of the votes taken at such meetings, ib 43. Result of the decision of such meetings to be certified to the county com¬ missioners, 732 44. Meetings to be.held in each of the school districts, on the first Tuesday in May, 1836, if deemed expedient by the directors, 732 45. And meetings to be held on the same day in every third year thereafter, ib 46. Questions as to the continuation of the schools, how to be determin¬ ed, 733 47. If “no school” is carried the same to be certified to the county commis¬ sioners, 733 48. School directors authorized to purchase and hold real and personal estate for school purposes, 733 49. Of estates held by trustees for school purposes, ib 50. Provisions of former acts of assembly continued in force for particular pur¬ poses, 733 51. Duties of the county commissioners prescribed and regulated in certain cases, 733 52. Schools endowed by bequest, &c. to remain under the direction of trus¬ tees, &c. on certain conditions, 734 53. Former acts of assembly repealed, ib 54. Delegates who did not attend and vote under former laws, allowed till 1st of August, 1836, to record their votes, 734 55. School year to end on the 1st Monday of June annually; present school year to end first Monday of June, 1837, 734-5 56. Copies of the general school law to be sent by the superin tendentof com¬ mon schools to the county commissioners of every county, and be published in the newspapers, &c. 735 57. Copies of the school law to be furnished by the county commissioners to each of the school directors, 735 58. No State tax for school purposes to be collected for the school year of 1836, 789 ELECTIONS. 1. General and city elections to be held at particular houses in each of the wards of the city, according to the directions of the act of assembly of the 2 d of April, 1833, 663 2. Elections for the North ward, to be held at the house of Thomas Wynne, corner of Liberty and St. Clair streets, 664 3. Elections for the South ward, to be held at the house of William Alexan¬ der, corner of Smithfield and Third streets, 664 4. Elections for the East ward, to be held at the house of John Dully, corner of Wood and Fifth streets. 664 5. Elections for the West ward, to be held at the court house in the Dia¬ mond, 664 6 . Councils to meet on the first Tuesday of January, annually, and divide the city into four wards or districts, for election purposes, according to the provisions of the act of assembly of the 26th of December, 1833, 666 7. To fix the places for holding all general and city elections for the several wards, at particularly designated houses within the bounds of the respective wards, and not elsewhere, 666 8 . All general and city elections, to be hereafter held as follows :—North Ward , at the house of Thomas Wynne, corner of Liberty and St. Clair streets —South Ward , at the house of William Alexander, corner of Smithfield and Third streets— 846 INDEX. East Ward , at the house of John Dully, corner of Wood and Fifth streets— West Ward, at the court house in the Diamond, 667 9. Officers of the city to be chosen by the city councils, in joint meeting, on the third Tuesday of January, annually, in place of the second Tuesday, as hereto¬ fore, 668 10. The place of holding the general and city elections in the North ward of the city, fixed at the house of James Armstrong, corner of Penn and St. Clair streets, 702 11 . City councils authorized and required to fix the places of holding all gene¬ ral as well as city elections, for the different wards of the city, at suitable houses within the bounds of the respective wards, and not elsewhere, and to change the same as often as public convenience may require, 702-3 12. The general and city elections for the East and South wards of the city to be hereafter held, for the East Ward, at the house now occupied by Michael Smith, in Liberty street, facing Hand street, and for the North Ward, at the house now occupied by William J. Lyon, corner of Third and Grant streets, 794 ELECTION RETURNS. 1. The persons authorized to hold the city elections, to meet within 24 hours thereafter, at the court house in the Diamond, and then and there make out and pre¬ pare a regular return of the same, under their hands and seals, 668 2. One copy of the official return of all city elections to be given by the elec¬ tion officers to the president of the select council, and the original returns to be filed in the office of the clerk of the city court, 668 3. Councils, in joint meeting, to examine the election returns, and to hear all remonstrances and objections to the same, and to determine and declare the persons qualified, having the greatest number of votes, to be legally elected, 668 4. In all cases where an election for city officers has been illegally or unfairly conducted, or the number of legal votes given may render the result doubtful, the councils shall have the power to set the same aside, and to order a new’ election, giving notice thereof, as in the case of other special elections, 668 ELECTION FOR SCHOOL DIRECTORS. For election of school directors, &c., see “ Education and common schools,” and also act of assembly, “ relating to a general system of education by com¬ mon schools,” passed 13th June, 1836. 726-735 ELECTORS. To vote at the city and general elections, at no other place than in the wards within which they respectively reside, 703 EMPLOYMENT OF THE POOR. See the act of assembly entitled “ an act relating to the employment and sup¬ port of the poor,” passed 13th of June, 1836, page, 778-788 See, also, Title, “Overseers of the Poor.” ENGINEERS OF CANAL. Chief engineer of the western division of the Pennsylvania canal, to prescribe or approve of the form and dimensions of the bridge authorized to be built by Har- mar Denny, over the Pennsylvania canal, at or near Washington street, in Pitts¬ burgh, 696 ENGINEERS OF FIRE COMPANIES. To have, along with the fire wardens, full power and authority, to perform all duties which are required of, and enjoined upon the city constables, in arresting and prosecuting offenders, in cases of interruption in the discharge of their duties, &c., 671 ENGINEERS AND CONDUCTORS. 1. All engineers and conductors of cars of any locomotive engines, engaged in the transportation of passengers, or of goods, wares, or merchandise of any INDEX. 847 description, liable to indictment and punishment by fine and imprisonment, at the discretion of the court, for gross negligence or wilful misconduct, whereby pas¬ sengers or other persons may be injured. 788 2. See act of assembly, entitled “ an act for the prevention of injuries to individuals, by the gross negligence or wilful misconduct of stage drivers and others,” passed 14th of April, 1836, 788 EPIDEMIC DISEASES. Sanitary board to exercise plenary powers to prevent the introduction of the cholera or any other epidemic disease into the city, 659 EQUALIZATION OF WARDS. Select and common councils of the city, on the first Tuesday of January, 1834, and annually thereafter, to divide the city into four wards or districts, so as to make the number of taxable inhabitants of each ward of the city as nearly equal as may be, 702 ERECTION OF HOUSES. Duty of the assessor and register of the water rents, to grant permits to use the hydrant water for building purposes, to all persons desiring the use thereof, who are not in arrears for water tax, upon the terms and conditions specified in the joint resolution of councils of the 18th March, 1836, 794-5 ERRORS AND MISTAKES. See Title, “ Inspection of produce,” and also act of assembly, entitled “ an act relating to inspections,” passed 15th April, 1835, and the several supplements there¬ to, 736-70 EXCHANGE ALLEY. 1. The 3d, 4th, 5th, and 6th sections of the act of assembly, entitled “ an act relative to certain streets, alleys and public landings, in the county of Philadelphia, and in the city of Pittsburgh, and for other purposes,” passed 6th April, 1833, (see ante, p. 606-8,) extended to the opening of Exchange alley, 697-8 2. The said Exchange alley to be opened twenty feet wide, from Hand street to Irwin’s alley, excepting and preserving to A. L. Kerr, and N. W. Prestley, so much of the said alley as their brick buildings now stand on, so long as the said buildings do stand 698 3. Exchange alley to be opened 16 feet wide, through the block of lots on Lib¬ erty and Penn streets, from St. Clair to Irwin street, according to the terms and conditions of the act of assembly of the 11th of April, 1835, 719 EXECUTIONS. Executions to issue on the judgments of the court of quarter sessions in all cases of scire facias, to recover the damages apportioned and assessed upon those benefited by the opening and extension of certain streets and highways, under the act of 15th April, 1836, and the same to be levied in the same manner that judg¬ ments in civil actions are levied, 699 EXPENDITURES. All expenditures for sanitary purposes to be settled by the board, and reported to the mayor, who shall draw his warrants on the city treasurer for the several amounts, &c., 659 EXTENSION OF STREETS. 1. Court of quarter sessions of Allegheny county, on being petitioned, au¬ thorized to grant a view for the purpose of ascertaining the propriety of opening and^extending certain streets and highways within the city, 698 2. Sixth street, from Grant street to Coal Lane, 698 3. Wylie street, to Grant street, or some other street, within the city, to be de¬ signated by the viewers to be appointed by the said court, 698 848 INDEX. 4. High street, from Coal Lane to the Farmers’ and Mechanics’ turnpike road, at some point near the Fort Pitt glass works, 698 5. Proceedings of the viewers, assessment and apportionment of damages, pay¬ ment of costs and charges, particularly regulated and set forth. 698 6 . No order for the opening of said streets to be granted by the court of quarter sessions, until compensation shall be first made or tendered to the owners of the ground or property injured, by the opening and extending of said streets 698 7. Damages incurred by the holders of property, in consequence of the open¬ ing and extension of such streets, &c., to be apportioned among the holders of pro¬ perty benefited thereby, lying adjacent to such streets, &c., 689 8 . The city councils authorized and empowered to open, extend and widen such street or streets, as they may deem necessary and convenient to communicate between the public streets and the Pittsburgh gas works, 717 9. Exchange alley to be opened and extended 16 feet wide through the block of lots on Liberty and Penn streets, from St. Clair to Irwin street, by order of the court of common pleas of Allegheny county, according to the terms and condi¬ tions set forth in the act of assembly of the 11 of April, 1835, 719 10. A public street or high way, to be called Duquesne Way, to be laid out and opened from the eastern boundary of the city, to Water street, along the Alle¬ gheny river, on a line parallel with Penn street, forty feet wide, at a grade of not more than four feet below the level of Penn street, 770-71 11. In surveying, locating, and marking out the new city district into sections, squares, streets, lanes, and alleys, according to the direction of the act of assembly of the 16th of June, 1836, all the streets, lanes and alleys, which have been, pre¬ vious to the making of the map or plan of said new district, laid out and appropri¬ ated by private persons or otherwise, for public use, or for the use of the owners of lots fronting thereon, or adjacent thereto, to be adopted in, and made a part of the said general plan, with such increase of width and extension, as the said commis¬ sioners or viewers may, in any case, deem necessary and expedient, 774 12. City councils authorized and empowered to open any new street, lane or alley within the city, or to open, extend and widen any of the streets, lanes or al¬ leys of the city, already laid out and to determine the location and limits of the same, according to the provisions of the act of assembly of the 16th of June, 1836, 776 FARMERS’ AND MECHANICS’ TURNPIKE. L High street to be opened and extended from Coal lane to the Farmers’ and Mechanics’ turnpike road, at some point near the Fort Pitt glass works, 698 2. When soopenedand extended, to be deemed, taken and allowed to be a pub¬ lic street and highway of the city of Pittsburgh and county of Allegheny, the same as the other streets and highways of the city and county, 698 3. Damages incurred to private property, in consequence of opening and ex¬ tending such street and highway, to be assessed and apportioned among the proper¬ ty holders benefited thereby, 698 4. Not to be opened until the damages so assessed and apportioned have been first paid or tendered to the persons entitled to receive the same, 699 5. All costs and charges attending the viewing, &c. of said street and highway, to be regulated in the same manner as the costs of similar proceedings under the State laws, for making and repairing of roads and highways in this common¬ wealth, 699 6 . No section of the new city district, to be located, or laid out, partly on one side, and partly on the other side of the Farmers’ and Mechanics’ turnpike road, as the same is now located through the said new district, 773 FASTENINGS FOR BOATS, Ac. 1. Sixty feet from the curb of the wharf, a row of fastenings to be placed along the wharf, 40 feet apart; 50 feet above which another row of fastenings, the same distance apart; and 50 feet above the second row, a third row of fastenings to be fixed, at the same distance apart, as designated on a diagram filed in the office of the recording regulator, 724 2. The fastenings to be either of locust, not less than seven feet long, with a INDEX. 849 ring and links similar to those now in use, or a chain securely fastened round a stone not less than three feet long and one foot in diameter, to be placed not less than five feet below the surface of the ground, 724 FEES. 1. Neither the officers or watchmen allowed to claim any fees or costs, or at any time receive any gratuity from any individual whom they may arrest, or who may be subject to their power, 714 2. All fees or costs which any individual of the watch may be entitled, to be received by the captain or first lieutenant, and to be deposited in a suitable bank, under the direction of the mayor, to be divided by the mayor and the joint com¬ mittee of councils, among the several watchmen who shall have distinguished themselves by their good conduct, 714 FEES AND CHARGES. See Title “Inspection of Produce,” and also act of assembly, entitled “an act relating to inspections,” passed 15th of April, 1835, and the several supplements thereto, 736-70 FEMALE DOGS. Owners of female dogs to pay an annual tax, of $6, for the first, and $10, for every one beyond the first; and no collar to be put on any dog unless the tax for the current year has been first paid, under a penalty of not less than $10, nor more than $20, for each offence, 797 FERRY STREET. A culvert of not less than three feet in diameter, to be placed at Ferry street, according to a diagram filed in the office of the recording regulator, 724 FIFTH STREET. Fifth street to be graded a uniform descent, westwardly, from Grant to Smith- field street, and from the intersection thereof with Smithfield street, the grade to be a uniform descent to Wood street; and the grade of Fifth street to be continued, eastwardly, 175 feet, to an elevation of four feet above the horizontal line, thence to Ross street the grade to have a uniform descent of one foot six inches perpendic¬ ular, 663 FILTH. 1. All dirt and filth to be removed from places where it may accumulate, by the street commissioners, and be placed where it will not be injurious to the city water works, 660 2. Not to be deposited at anyplace within the city, other than atthe public float, at the junction of the Allegheny and Monongahela rivers, under a penalty of ten dollars for every such offence, 663 3. The contents of all foul and offensive vaults or privies, to be deposited at such place as shall be designated by the street commissioner, and at no other, 674 FINANCE COMMITTEE. The standing committee on finance to provide ways and means for the payment of $1070, to pay the debts due by the Vigilant engine and hose company, due by them to the Firemen’s insurance company, to Merick and Agnew, and to Pennock and Sellers, so that the same shall be paid on the 1st of July, 1836, with interest from the 1st of July, 1835, 692 FINES AND FORFEITURES. 1. Fine of five dollars and costs of prosecution, imposed on all persons who neglecl or refuse to obey the written or printed orders of the sanitary board, with respect to the cleansing and purifying the gutters, pavements, and spaces in front of their respective lots, 660 2. Fine of two dollars to be imposed for every offence, for obstructing the 188 850 INDEX. footway in front of the court house and public offices in the Diamond, by tables, benches, barrels, bags, baskets, furniture or vegetables, 662 3. A fine of ten dollars to be imposed on any person who shall deposit filth, &c. at any other place within the city, than at the public float, at the junction of the Allegheny and Monongahela rivers, 663 4. Mayor authorized to remove any of the fire wardens, at his discretion, and to appoint others in their places, or to fill vacancies as they occur, 671 5. Fine of not less than $5 nor more than $20, to be imposed on all persons emptying and cleansing vaults and privies, between the first days of May and No¬ vember, without a special permit in writing from the mayor or street commission¬ er, 673 6 . Cleansing and purifying of vaults and privies to be performed in such man¬ ner as not to obstruct the free use and occupancy of public and private property, and not to annoy, injure, or incommode any of the inhabitants of the city, under a penalty of not less than $5, nor more than $20, 674 7. Duty of the city solicitor, upon the information of the mayor or any of the aldermen, to proceed and recover all such fines and penalties, without delay, accor¬ ding to law, 674 8 . Fine of ten dollars imposed on all persons using any other than the patent break lock, on wagons or other wheeled carriages, when passing over the paved streets of the city, 674-5 9. A fine or penalty of ten dollars to be imposed on all persons exposing for sale any carriage or carriages, horses, cattle, or animals of any description, in or upon any of the public squares, streets, lanes, or alleys of the city, 690 10. Mayor and aldermen of the city of Pittsburgh to have full power and au¬ thority to recover summarily, or by penal action, as the case may be, any fines and forfeitures inflicted for the violation of the provisions of any of the city ordinances, which have been or maybe hereafter ordained and enacted by the councils for the government of the said city, provided such fines and forfeitures do not exceed the sum of $100, # 697 11. Persons summarily convicted, or against whom judgment may be render¬ ed, in any penal action of debt, at the suit of the mayor, aldermen and citizens of Pittsburgh, before the mayor, or any of the aldermen, may appeal from such con¬ viction or judgment, within ten days thereafter, on entering bail or security, ap¬ proved of by the mayor or alderman before whom the said proceedings are had, 697-700 12. Aldermen and justices of the peace, of every city, incorporated township and borough, in this commonwealth, to have full power to hear and determine all actions of debt, for penalty, for the breach of any ordinance, by law, or regulation of such city, borough, or township, in the same manner, and subject to the same right of appeal , as in cases of debts under $100; and all such actions shall be insti¬ tuted in the corporate name of such city, turnpike or borough, 697-700 13. The mayor and aldermen authorized to recover, either summarily, by con¬ viction, or by penal action, any fines or forfeitures imposed for the violation of any of the provisions of any of the city ordinances, &c. 700 14. A fine of five dollars to be imposed on any person riding, driving or lead¬ ing any horse or other animals, within the space enclosed by chains, in the Dia¬ mond market house, on Market days, between the hours of six and ten o’clock, A. M. 702 15. A fine of from five to forty dollars, to be imposed on any officer of the watch, for official misconduct, at the discretion of the mayor, to be recovered as debts of like amount are recoverable, 714 16. A fine of from one to ten dollars to be imposed on any watchman, for offi¬ cial misconduct, to be recovered in like manner, 714 17. A fine not exceeding ten dollars, or imprisonment not exceeding ten days, to be imposed on all persons convicted before the mayor of mimicking or insulting the watchmen in the discharge of their duties, 714 18. Full power vested in the mayor and aldermen of the city, in cases of con¬ viction, under any of the city ordinances which impose a fixed penalty, to fine from one dollar up to the sum or sums so fixed, as the equity of the case may re¬ quire, 825 INDEX. 851 19. See Title “Inspection of Produce,” and also act of assembly, entitled “an &ct relating to inspections,” passed 15th of April, 1835, and the several supplements thereto, 736-70 20. Stage drivers, engineers and conductors of cars and locomotives, liable to indictment.and fine and imprisonment, at the discretion of the court, for gross negli¬ gence or wilful misconduct, whereby passengers or other persons may be injur¬ ed, 788 21. See act of assembly, entitled “an act for the prevention of injuries to in¬ dividuals, by the gross negligence or wilful misconduct of stage drivers and others,” passed 1st of April, 1836, 788 22. If any person shall neglect or refuse to provide and place stop cock boxes, made after the model to be kept by the superintendent of the water works, in his office, at the water works, or shall use a different model, such person, so offending shall, for every such offence, forfeit and pay the sum of ten dollars, 794 23. No person to place a collar on any dog or slut, without first paying the tax¬ es for such dogs, for the current year, under a penalty of not less than $10, nor more than $20, for each offence, 797 FIRES. 1. Mayor to appoint as fire wardens, not more than five persons from each fire company, to be recommended to him by the “ Firemen’s Association of Pitts¬ burgh.” 671 2. Fire wardens to act under the directions of the chief engineers of the asso¬ ciation, and, along with such engineers, to have all the power of city constables, on occasions of fire, to arrest and prosecute offenders, in cases of interruption, &c. 671 FIRE ENGINE AND HOSE COMPANIES. 1. To extinguish the debts due by the several fire engine and hose companies of the city, and to meet their current expenses for the year 1835, the sum of $3235, 53 appropriated. 694 2. Mayor required to draw his warrants upon the city treasurer, in favor of the treasurers of the several fire engine and hose companies, for the several sums ap¬ propriated for their relief, 691-2 3. The further sum of $1070, appropriated to pay the debts of the Vigilant en¬ gine and hose company, due to the Firemen’s Insurance Company, Pennock and Sellers, and Merrick and Agnew, payable on the first of July, 1836, with interest from the 1st of July 1835. 692 4. A joint standing committee of councils, to be annually appointed in the month of January, consisting of one from the select, and two from the common councils, to be styled “ the committee on fire companies.” 692 5. Duty of the joint standing committee on fire companies to inspect the fire engines, hose, and other fire apparatus of the respective fire and hose companies in the city, as often as they may think proper, and to apportion the moneys hereaf¬ ter appropriated, or so much thereof as they may deem necessary to and among the said companies, and to act in relation to such apportionment, according to their dis¬ cretion, 692-3 6 . The sum of $1100, to be hereafter annually appropriated, and placed under the control of the joint standing “ committee on fire companies,” and the same, or such part thereof, as they shall deem necessary, to be paid on the 1st of October, annually, to the several fire engine and hose companies of the city, for the purpose of keeping their respective fire engines, hose, and apparatus in effectual and useful condition; to be paid to the several companies in such proportions as shall be respec¬ tively assigned to them by the committee, 693 7. No portion of the several sums appropriated for the use of the several fire engine and hose companies of the city, to be appropriated to the use or relief of any fire company ©r companies instituted after the 25th of May, 1835, 693 8. Duty of the joint standing committee on fire companies, when they have apportioned and allotted the annual appropriation of $1100, to and among each company complying with the provisions of the ordinance of the 25th of May, 1835, to certify the sum so allotted to each company to the mayor, who shall therefor 852 INDEX. draw his warrant, for the amount thereof, on the city treasurer, in favor of the treasurer of such company, 693 9. Duty of the committee on fire engine and hose companies to keep regular and fair minutes of their proceedings, to be entered in a book to be kept by them for that purpose, and also to file and preserve all papers and communications made by or to them, which shall at all times be open to the inspection of any member of either council, 693 10. The book of minutes, &c., of the proceedings of the committee on fire en¬ gine and hose companies of the city, to be laid, once in each month, at a stated meeting of the councils, on the table of the clerk of one of the councils, for the in¬ formation of the members, 693 1 1. Appropriations for fire and hose companies for the year 1834, $1615, 670. FIRE COMMITTEE. /- 1. A joint standing committee to be appointed by the councils, annually, in the month of January, to consist of one from the select, and two from the common council, to be styled “ the committee on fire companies,” 692 2. Duty of the joint standing committee on fire companies, to inspect the fire engines, hose, and other fire apparatus of the respective companies in the city, as often as they may think proper; and to apportion the moneys annually appro¬ priated for the use of the several fire engine and hose companies of the city, or such part thereof, as they shall deem necessary, among the several companies, and to act in relation to such apportionment, according to their discretion, 692-3 3. Duty of the joint standing committee on fire companies, after they have apportioned the annual appropriation of $1100, to and among the several fire en¬ gine and hose companies of the city, to certify the several sums so allotted to the mayor, for the purpose of payment, 693 FIREMEN’S ASSOCIATION. To recommend to the mayor suitable persons for fire wardens, not exceeding five from each fire company, to act under the directions of the chief engineers of the association, 671 FIRE WARDENS. 1. Not more than five from each fire company, to be appointed by the mayor, on the recommendation of the “ Firemen’s Association of Pittsburgh,” to act under the directions of the chief engineers of the association, 671 2. Mayor authorized to remove any of the fire wardens at his discretion, and to appoint others in their places, and to fill all vacancies as they occur, 671 3. To have along with the “ Firemen’s Association,” full power and authority to perform all duties which are required of and enjoined upon the city constables, in arresting and prosecuting offenders, in cases of interruption, &c., 671 FLAXSEED. See Title, “ Inspection of Produce,” and also act of assembly, entitled “an act relating to inspections,” passed 15th April, 1835, and the several supplements there¬ to, 736-70 FLOUR AND MEAL. See Title, “Inspection of Produce,” and also act of assembly, entitled “ an act relating to inspections,” passed 15th April, 1835, and the several supplements thereto, 736-70 FOOTWAYS. 1. Fine of two dollars to be imposed for every offence, for obstructing the footways or pavement in front of the court house and public offices, in the Dia¬ mond, by tables, benches, bags, buckets, furniture, or vegetables, 662 2. The footways on that part of Seventh street, between the canal bridge* and Coal lane, to be of the breadth of ten feet and no more, measured from the line of the street to the gutter, and including the curb stone, 674 FOREIGN PAUPERS. 1. Penalty on any person bringing a pauper from any place out of this com¬ monwealth, 783 INDEX. 853 2. Every person bringing any black or mulatto servant into this state, to be liable for his support, &c., 783 FOREIGN PRODUCE. For produce, and the inspection thereof, &c. see Title ‘"Inspection of Produce,” and also act of assembly entitled “ an act relating to inspections,” passed I5th April, 1835, and the several supplements thereto, 736-70 FORFEITURES, FINES AND PENALTIES. See Title “ Inspection of Produce,” and also act of assembly entitled “ an act relating to inspections,” passed 15th of April 1835, and the several supplements thereto, 736-70 FORT PITT GLASS WORKS. High street, to be opened and extended from Coal Lane to the Farmers and Mechanics’ Turnpike road, at some point at or near the Fort Pitt Glass works, accord¬ ing to the provisions of the act of assembly of the 15th of April, 1835, 698 FRAUDS AND DECEPTIONS. See Title “ Inspection of Produce,” and also act of assembly entitled “ an act relating to inspections,” passed 15th of April, 1835, and the several supplements thereto, 736-60 GARBAGE AND OFFAL. Not to be deposited at any place within the city, other than at the public float, at the junction of the Allegheny and Monongahela rivers, under a penalty of ten dollars for every such offence, 663 GARDENERS. 1. Not to vend vegetables, &c., usually sold by them in market, at any other place than at the Liberty street Market house, on Mondays and Thursdays, under a penalty of five dollars for each and every offence, 661 2 . Not to obstruct the pavement or footways in front of the court house and public offices, in the Diamond, with tables, benches, barrels, bags, furniture, vessels, packages, or vegetables, under a penalty of two dollars, for each and every of- ence, 662 3. Duty of the constables attending upon the market, to cause all such obstruc¬ tions to be forthwith removed, 662 GAS WORKS. 1. The stock of the Pittsburgh gas works to consist of 1000 shares, or 50,000 dollars, in shares of fifty dollars each, 685 2. Books of subscription to be opened by the city treasurer, on the second Monday of May, 1835, and be kept open during the office hours of the treasurer, for six juridical days thereafter, and no longer, 685 3. Form and conditions of subscription to stock, 685 4. Ten dollars to be paid on each share, at the time of subscribing, and the re¬ maining $40, on each share, at such times and in such proportions as may be re¬ quired by the trustees of the gas works, 685 5. If more than 1000 shares are subscribed, the stock to be divided pro rata , among the subscribers, according to their subscriptions, but not less than one share to be allotted to any one subscriber, 686 6 . The trustees, on application of the stockholders, and with the consent of the councils, may authorize an additional subscription of stock not exceeding 20,000 dollars, or 400 shares of $50 each, if found necessary to complete the works, and put them in full operation, # . 686 7. Certificates for said stock to issue, when payments are made in full, signed by the mayor and countersigned by the treasurer, and to be transferable in like manner with the funded debt of the city, 686 8 . The right of the corporation reserved, whenever the councils may deem it expedient, at any time, to take possession of the Pittsburgh gas works, and convert 854 INDEX. the stock into a loan, redeemable in twenty years from the date of such conversion, bearing an interest of five per cent, payable half yearly, on the first days of Februa¬ ry and August, 687 9. Interest at the rate of six per cent guaranteed to the stockholders of the gas works stock, by the corporation, upon the amount invested and actually paid into the city treasury, prior to such conversion of the stock, into a city loan, 687 10. Twelve trustees of the Pittsburgh gas works to be chosen within twenty days after the 27th of April, 1835, six by the select and six by the common coun¬ cil, 687 11. Trustees to be divided into three classes; the first class to serve for one year, the second for two years, and the third for three years, or until their succes¬ sors shall have been appointed, 687 12. Four trustees to be chosen thereafter by the councils, at the annual stated meeting in January, two by the select, and two by the common council, to serve in place of the four trustrees whose time of service shall have expired, 687 13. Not more than two members of each council to be trustees at any one time; and all vacancies occurring to be filled by special elections to be held by the body in whose delegation in the board of trustees the vacancy may exist, 687 14. Seven of the trustees to be a quorum for the transaction of business, who shall meet, within ten days after their election, and choose out of their own body a president; and an election for president shall take place in each succeeding year, at the meeting next after the election of trustees, 687 15. Duty of the trustees to proceed, forthwith, to construct suitable works for the manufacture of carbureted hydrogen gas from bituminous coal, for the purpose of public and private illumination, and to lay pipes for its distribution throughout the city, 688 16. The gas works to be on a scale competent to manufacture 50,000 cubic feet of gas daily, and the arrangement of the pipes for distribution and delivery to be approved of by the water committee, 688 17. Trustees to keep accurate accounts of their receipts and disbursements, and report the same, together with a statement of their proceedings to the councils, annually, in the month of January, and give such other information, from time to time, as maybe required of them by the selector common council, 688 18. Trustees to declare a dividend of the profits arising from the manufacture and sale of gas, semi-annually, on the first days of February and August, after de¬ ducting the rent of the gas works lot, the expense of manufacturing the gas, the cost of repairs to the works, and the incidental charges of the establishment, and issue a requisition on the mayor for the payment of the said dividends to the holders of the certificates. 688 19. Trustees vested with all the powers necessary for the construction of the works, as provided for, and empowered to purchase materials, make contracts, and employ such agent or agents as they may deem necessary, 688 20. No contract to be entered into, or expenses incurred, to exceed the amount of the subscriptions for the construction of the works, 688 21. No trustee, superintendent, or agent of the gas works, to be either directly or indirectly concerned or interested in any contract or providing materials for the works, 688 22. No act of the trustees to impose any liability whatever on the mayor, aider- men and citizens of Pittsburgh, beyond the amount of the subscriptions, 688 23. Trustees to prepare and submit to the councils for their approbation, from time to time, rules and regulations under which the gas may be furnished to private consumers, and to public lamps, 688-9 24. Public lamps, not exceeding 200 in number in the whole, as may be requir¬ ed by the committee of councils on lighting, to be supplied by the gas works, atone half the price paid by private consumers, 689 25. All fixtures and metres, for the distribution of the gas, to be approved of by the lighting committee, and to be provided by the trustees without expense to the city corporation, 689 26. All moneys arising from the manufacture and sale of gas, to be paid into the city treasury, and be placed to the credit of the Pittsburgh gas works, 689 27. Mayor authorized to draw warrants, which shall be charged to the gas works, for such sums, and at such times, as may be required by the trustees, 689 INDEX. 28. All requisitions for money, shall, in the first place, be duly authorized by the board of trustees, and be certified by the president, 689 29. Trustees authorized and empowered, for, and in behalf of the city, to pur¬ chase an eligible piece of ground, to be appropriated for the location and use of the gas works, for which such rent, as the trustees may deem reasonable, shall be charg¬ ed to the works, 689 30. The right of the corporation, to convert the gas works stock into a loan, at five per cent, suspended for 15 years after the 15th of May, 1835, 690-91 31. Dividends on so much of the stock as may be held by persons in Philadel¬ phia made payable, at the option of the holders, either at the Schuylkill Bank in Philadelphia, or at such other place within the said city as the councils of Pittsburgh may by ordinance designate, 691 32. All transfers of gas stock held by persons residing in Philadelphia, to be made by indorsements upon the certificates thereof, in the presence of the cashier of the Schuylkill bank, or of such other person within the city of Philadelphia, as may by ordinance be appointed for that purpose, or in the presence of the treasu¬ rer of the city of Pittsburgh, 691 33. The first instalment on the subscription to the gas works stock reduced to five dollars, in place of ten dollars, as before provided for, 691 34. The remaining $45, on each share to be paid in instalments as heretofore provided for, 691 35. The city treasurer authorized to keep the books of subscription open, for subscribers to the stock of the Pittsburgh gas works, until the first Monday of July, 1835, provided the stock should not be all taken before that time, 691 36. The treasurer to report the number of shares subscribed, at each meeting of the councils up to the said first Monday of July, 1835, 691 37. The subscription of 585 shares of the Pittsburgh gas works stock relin¬ quished by the subscribers, and the amount paid thereon ordered to be refunded to the subscribers by the city treasurer, and his receipts therefor to be cancelled, 694 38. The said 585 shares of stock to be taken and retained by the city treasurer, as so much of the stock created and not subscribed for, and to be hereafter dispos¬ ed of, 694 39. The said 585 shares of stock in the Pittsburgh gas w T orks to be sold at pub¬ lic auction to the highest and best bidders, at the office of the city treasurer, on the 8 th of June, 1835, beginning at ten o’clock, A. M., the city treasurer, together with a joint committee, of two from the select and two from the common council, to as¬ semble at the time and place appointed for the sale of the said stock, with the auc¬ tioneer, and superintend the said sale, 696 40. Public notice of such sale to be given in the daily newspapers of the city, 695 41. Each highest and best bidder to have the privilege of taking one share at the price bidden, and as many more at the same price, not exceeding 20 shares, as such bidder may determine, 695 42. Five dollars, besides the premium above par, (if such premium shall be ob¬ tained) to be paid to the city treasurer at the time of sale; but no bid to be accepted at less than the par value of the said stock, 695 43. Sale to continue from day to day continuously, Sundays excepted, until the whole 585 shares shall be disposed of, 695 44. A full and correct statement of such sale to be rendered by the auctioneer selling the said stock, under oath or affirmation, to the councils at their next meet¬ ing after such sale; and the said auctioneer shall declare, to the best of his knowl¬ edge and belief, that the said sale has been fairly and honestly conducted, without any collusion between the said auctioneer and any other person or persons what¬ ever, 695 45. The proceeds of the sale of the said stock, over and above the par value thereof, after deducting the reasonable expenses of such sale, to be retained in the treasury, and accounted for by the treasurer as other revenues of the city are receiv¬ ed and accounted for, 695 46. The sum of $11,000 appropriated, for the purchase of a lot of ground from John Maitland, for the use of the gas works, 700 47. The said sum of $11,000 to be procured on loan, at an interest of five per 856 INDEX. cent, interest to be paid half yearly at the treasurer’s office, or the bank of Penn¬ sylvania, in Philadelphia, &c. 700 48. Trustees of the Pittsburgh gas works authorized to receive subscriptions for four hundred additional shares of the stock, subject to the same privileges and conditions conferred upon and enjoined on the original stockholders, 710-11 49. Mayor authorized to subscribe for the said 400 additional shares, in the name of the mayor, aldermen, and citizens of Pittsburgh, 710 50. Mayor authorized to borrow on loan the sum of $20,000 at such times, and in such proportions, as maybe necessary, to pay for the said 400 shares at 50 dollars each, 711 51. Interest at five per cent per annum, to be allowed and paid for the said loan, half yearly, at the bank of Pittsburgh and the bank of Pennsylvania, in Phil¬ adelphia, 711 52. Certificates for the said loan to issue, of either $100 or $500 at the option of the lender, transferable by endorsement thereon at the office of the city treasu¬ rer or the bank of Pennsylvania, 711 53. Loan not to be redeemed without the consent of the stockholders before the 1st of July, 1872; and the money borrowed to be paid to the city treasurer, and applied by him exclusively to the payment of warrants drawn by the mayor, for the purpose of meeting the calls of the trustees of the Pittsburgh gas works for instal¬ ments upon the stock aforesaid subscribed by him, in the name of the mayor, aider- men, and citizens of Pittsburgh, 711 54. Interest on the gas works stock, guaranteed by the city to be paid half yearly, on the amount of subscriptions paid in, from the date of payment, 711 55. Trustees of the Pittsburgh gas works authorized to lay the necessary pipes from their works to the city line, provided the same do not pass through private pro¬ perty, 716 *56. The like precautions to be taken in opening and closing up the highways, as are or may be enjoined in reference to the opening and closing up the streets of the city, 716 57. Offenders against the ordinances passed for the protection of the gasworks property, if the offence be committed out of the city limits, may be punished by in¬ dictment in the court of quarter sessions of Allegheny county, 716-17 58. City councils authorized and empowered to lay out, open, and extend and widen such street or streets as they may deem necessary to communicate between the public streets of the city, and the Pittsburgh gas works, 719 59. Such streets, from the time the same may be declared and ordered by the councils to be opened, extended or widened, to be forever after deemed, adjudged and taken as public highways, and subject to the same regulation and police as other streets and highways of the city, 717 60. The owner or owners of any ground through which any such street shall be opened, extened or widened, may proceed in the same manner to obtain indem¬ nification for injury he or they may sustain thereby, as is directed by the several acts in force, providing for the opening of public roads in this commonwealth, 717 61. The joint committee of councils authorized and required to alter the grade of Second street, from Ross street to the eastern boundary of the city; and also to extend the said street so as to intersect the street leading to the gas works, in such manner as may be best calculated to insure the commodious and safe conveyance of gas from the works into the city, 717 62. The joint committee of councils on water, &c. authorized and required to lay down water pipes along Second street from Ross street to the eastern boundary of the city, and to continue the same thence to a point opposite the gas works, 717 63. Trustees of the Pittsburgh gas works, authorized to lay the necessary pipes from the works to the city lines, provided the same do not pass through private pro¬ perty. Injury to gas property indictable in the quarter sessions, &c. Certain streets to be opened and extended, &c. See act of assembly of the 31st of March, 1836, pages 716-17 and also, 772-73 64. Faith, credit, funds, revenue, and corporate property of the city pledged for the payment of the sums authorized to be borrowed, and for the payment of the interest accruing upon the same, 711 INDEX. 857 S5. Terms and conditions upon which the inhabitants of the city will be sup¬ plied with gas, by the trustees of the Pittsburgh gas works, 795 66 . Applications to be supplied with gas. how to be made, 795 67. Manner of supplying persons with gas, 795 68 . Security to be given for the payment of the gas, in such cases as it may be required by the trustees, 795 69. Service pipes and meters to be furnished by the gas company, 795 70. Ail necessary fixtures to be put up by the gas company at the expense of the consumers or proprietors, &c. 795 71. Rent of the fixtures to be regulated according to certain conditions ex¬ pressly set forth, 795-6 72. Persons using gas to have, at any time, the privilege of purchasing from the trustees all fittings put up and rented, 796 73. Right of access reserved to the trustees, at all times, by their agent, for the purposes of examination, or of removal of the meter and service pipes, 796 74. Notice of removal from premises supplied with gas, to be given by the tenants removing, or they will be charged with the gas until such notice is gi¬ ven, 796 75. Manner of ascertaining the quantity of gas consumed by the persons sup¬ plied, 796 76. Gas to be stopped, in case of default in payment, and in cases of neglect¬ ing to attend to the repair of the fixtures and pipes, &c. 796 77. The price of gas to be at the rate of three dollars per 1000 cubic feet, and a discount of 5 percent to be allowed on the amount of all bills paid at the office of the trustees, within three days after presentation, 796 78. The trustees reserve to themselves the right, at any time, to cut off the communication of the service pipe, if they shall find it necessary to do so, in order to protect the works against abuse or fraud, 796 79. Trustees of the Pittsburgh gas works authorized to create additional stock, to an amount not exceeding 600 shares, of $50 each, 798 80. Said stock to be disposed of by the city treasurer, after public notice, in conformity with the regulations prescribed by the ordinance of the 27th of April, 1835, and the several supplements thereto, 798 81. If not disposed of, in whole or in part, by public sale, the treasurer may dispose of the same at private sale, on the best terms that can be obtained, but not to be sold for less than its par value, 798 82. The said 6(J0 additional shares to be placed, in every respect, on the same footing as the stock authorized by the ordinance of the 27th April, 1835, and the several supplements thereto, 798 GAUGERS AND INSPECTORS. See Title “Inspection of Produce,” and also act of assembly, entitled “an act relating to inspections,” passed 15th April, 1835, and the several supplements thereto, 736-70 GENERAL ELECTIONS. 1. The place of holding the general and city elections, in the north ward of the city, fixed at the house of James Armstrong, corner of Penn and St. Clair streets, 79*2 2. City councils authorized and required to fix the places of holding all gene¬ ral as well as city elections, for the different wards, at suitable houses within the bounds of the respective wards, and not elsewhere; and to change the same as often as public convenience may require, 702-3 3. Thegeneral and city elections for the east and south wards, to beheld here¬ after, for the East Ward , at the house now occupied by Michael Smith, in Liberty street, facing Hand street, and for the South Ward , at the house now occupied by Wm. J. Lyon, corner of Third and Grant streets, 794 GENERAL LAFAYETTE. 1. Resolutions of councils, expressive of their sentiments on the occasion of the death of General Lafayette, 672 139 858 INDEX. 2. Duty of the presidents of councils to’ transmit a letter of condolence to the family of the late General Lafayette, 672 3. Members of the councils to wear the usual badge of mourning for sixty days, 672 GENERAL PROVISIONS AS TO INSPECTIONS. See Title ** Inspection of Produce,” and also an act of assembly, entitled “ an act relating to inspections,” and the several supplements thereto, 736-70 GOVERNOR OF PENNSYLVANIA. 1. His duty, within three years from 15th April, 1834, to procure proper stand¬ ards of measures of length, capacity and weight, and to have the same enclosed; in suitable cases, and deposited in the office of the secretary of the commonwealth for safe keeping, 720 2. His duty, within the same time, to provide for each of the counties of the state, positive standards of measures of length, of capacity, and of weight, of the several denominations in common use, or such of them as may be necessary for the accurate and convenient adjustment of weights and measures, 720 3 Such standards to be of approved construction, carefully compared with the state standards, and made of the same material, and to be duly stamped and delivered to the commissioners of the counties respectively, to be used as stand¬ ards for the adjusting of weights and measures, and for no other purposes, 721 4. To appoint inspectors of produce, &c., See Title “Inspection of Produce,” and also act of assembly, entitled “ an act relating to inspections,” passed 15th of April, 1835, and the several supplements thereto, 736-70 GRADING OF STREETS. 1. Grant street at its intersection with Fifth street, to be reduced ten feet be¬ low the present surface, and the permanent grade thereof fixed at ten feet below the top of the middle front door sill of St. Paul’s church, &c. 715 2. Smithfield street, at its intersection with Fifth street, to be raised four feet above the present surface, and from thence to be graded a uniform descent north¬ wardly to Diamond alley, and northwardly a uniform grade to Virgin alley, 715 3. Fifth street to be graded a uniform descent, northwardly, from Grant to Smithfield streets, and from the intersection thereof with Smithfield street, the grade to be a uniform descent to Wood street, &c. 715 4. Sixth street, Virgin alley, and Diamond * alley, each of them to be graded from Grant street, a uniform descent to Smithfield street, 716 5. Diamond street to be graded from Grant street, eastwardly 177Jfeet, at a uni¬ form ascent of 5 inches in every 10 feet, and thence at a uniform descent of 1 inch and 8 lOths in every 10 feet, to Ross street, 716 6. Wylie street, when opened, to be graded from Fifth to High street, at an angle of 2 degrees 22 minutes, below the horizon, and thence to the city line, as now bounded, at a uniform ascent of 2 degrees 24 minutes above the horizon, 716 7. Coal Lane to have a uniform ascending grade from Grant street, eastwardly, 641 feet at an angle of 1 degree 33 minutes above the horizon, and thence to Seventh street, a uniform descending grade, at an angle of 1 degree 51 minutes below the horizon, &c. 716 8. All trie streets and alleys that cross or intersect the streets and alleys above described, shall be graded to conform with the several grades herein mention¬ ed, 716 9. The joint committee of councils, on streets, grading and paving, authorized and required to alter the grade of Second street, from Ross street to the eastern boundary of the city, and to extend the saidstreetthence,soas to intersect the street leading to the gas works, in such manner as may be best calculated to insure the commodious and safe conveyance of gas from the works into the city, 717 10. Water street and the Monongahela wharf, to be graded from Grant street to the point, agreeably to a diagram in the office of the recording regulator, 724 It. Water street to be made 35 feet wide from the curb to the line of the wharf; and the wharf to extend from the line of the street, 227 feet to low water line, at a regular descending grade from the line of the street. 724 INDEX. 859 12. This distance from the line of Water street to be preserved from Grant street to West street^ from West street to the Point, the water line to be preserved, termi¬ nating at the Point, 128 feet from the line of Water street, as laid down in the dia¬ gram, 724 13. The distance between Penn street, and the proposed Duquesne Way, measured on any line perpendicular to both, not to be less than 420 feet, nor gra¬ ded more than four feet below the level of Penn street, 770 GRANT STREET. 1. Wylie street to be opened and extended to Grant street, or some other street within the city, to be designated by viewers to be appointed by the court of quarter sessions of Allegheny county, according to the provisions of the act of as¬ sembly of the 15th of April, 1835, 698 2. Grant street, at its termination with Fifth street to be reduced ten feet be¬ low the present surface; and the permanent grade thereof to be fixed ten feet below the top of the middle front door sill of St. Paul’s church; and from the intersection aforesaid, Grant street shall, when so reduced, be graded a uniform descent, north¬ wardly, to the present grade of Seventh street, at the west end of the canal bridge; and from said intersection shall be graded a uniform descent, southwardly, to a point half way between Fourth and King streets, 715 3. Water street to be laid out thirty-five feet wide, from Grant street to the point; and the Monongahela wharf, to be graded regularly from that distance to low water line, 724 4. A culvert of not less than three feet diameter, to be placed at Grant street, and Water street, according to a diagram filed in the office of the recording re¬ gulator, 724 GROUND BLACK-OAK BARK. See Title “ Inspection of Produce,” and also act of assembly, entitled u an act relating to inspections,” passed 15th April, 1835, and the several supplements thereto, 736-70 GUARANTEES. The true intent and meaning of the ordinances of the 27th April, 16th May, and 1st June, 1835, declared to be, that the interest on the gas works stock, guar¬ anteed by the city, shall be paid half yearly on the amount of subscription paid in, from the date of payment, 711 GUARDIANS OF THE POOR. See the act of assembly, entitled “ an act relating to the support and employ¬ ment of the poor,” passed 13th of June, 1836, 778-788 See, also, Title, “ Overseers of the Poor.” GUTTERS. Orders of the sanitary board with respect to the cleansing of gutters, &c., to be obeyed by the inhabitants of the city generally, under a penalty of five dollars, besides costs of suit, for every neglect or refusal, 660 HALF KEGS AND CANISTERS. See Title, “ Inspection of Produce,” and also act of assembly, entitled “ an act relating to inspections,” passed 15th April, 1835, and the several supplements thereto, 736-70 HAND STREET. 1. Exchange alley to be opened twenty feet wide, from Hand street to Irw in’s alley, excepting and preserving to A. L. Kerr and N. W. Prestley, so much of the said alley as their brick buildings now stand on, so long as the said buildings do stand, 6 6 697-8 2. Said alley to be opened according to the provisions of the 3d, 4th, 5th, and 6th sections of the act of assembly, passed on the 6th of April,1833, see ante, page 606-8, 698 860 INDEX. HARMAR DENNY. ]. Authorized to erect a bridge over the canal, at or near Washington street, of such farm and dimensions as may be prescribed or approved of by the canal commissioners, or by the chief engineer of the western division of the'Pennsylva¬ nia canal, 696 2. Corporation of the city of Pittsburgh, not to incur any liabilities for the cons.ruction, preservation or repair of the said bridge, 696 3. The western abutment of the said bridge to be constructed in such form, and of such grade, as shall be directed by the recording regulator of the city, 696 HERRING AND SHAD. See Title “ Inspection of Produce,” and also act of assembly, entitled “ an act relating to inspections,” passed the 15th of April, 1835, and the several supplements thereto, 736-70 HIGH CONSTABLE. The salary of the high constable fixed at three hundred and fifty dollars per an¬ num, payable quarterly, by warrants to be drawn by the mayor on the city trea¬ surer, 709 HIGH STREET. High street to be opened and extended from Coal Lane, to the Farmers and Mechanics’ Turnpike Road, at some point at or near the Fort Pitt glass works, by viewers to be appointed by the court of quarter sessions of Allegheny county, ac¬ cording to the provisions of the act of assembly of the 15th of April, 1835, 698 HIGHWAYS. 1. Court of quarter sessions of Allegheny county, on being petitioned, authori¬ zed to grant a view for the purpose of ascertaining the propriety of opening and ex¬ tending certain streets and highways within the city, viz: 698 2. Sixth street, from Grant street to Coal Lane, 698 3. Wylie street, to Grant street, or some other street within the city, to be de¬ signated by the viewers to be appointed by the said court, 698 4. High street from Coal Lane, to the Farmers and Mechanics’ Turnpike Road, at some point near the Fort Pitt glass works, 698 5. Proceedings of the viewers, assessment and apportionment of damages, payment of costs and charges, particularly regulated and set forth, 698 6. No order for the opening of said streets to be granted by the court of quarter sessions, until compensation shall be first made or tendered to the owners of the ground or property injured by the opening and extending of said streets, 698 7. The damages incurred by the individual holders of property injured in con¬ sequence of the openingand extension of certain public streets and highways within the city, according to the provisions of the act of assembly of the 15th April, 1835, to be assessed and apportioned among the holders of the properly benefited there¬ by, lying adjacent to such streets and highways, 698 8. No order for the opening of said streets or highways, to be granted by the court of quarter sessions, until compensation shall be fir.-t made or tendered to the owner of the ground or property injured, by the opening and extending of such streets or highways, 698 9. In laying the pipes for the Pittsburgh gas works, the same not to pass through private property; and the like precaution to be taken in openingand clo¬ sing of the highways, as are or may be enjoined in reference to the opening and closing up the streets of the city, 716 10. City councils authorized and empowered to lay out, open, extend and widen, such street or streets as they may deem necessary and convenient, to com¬ municate between the public streets and the Pittsburgh gas w r orks, 717 11. Such streets, from the time the same may be declared and ordered by the councils to be opened, extended, or widened, to be forever after deemed, adjudged and taken as public highways, and subject to the same regulations and police as other streets and highways of the city, 717 12. The owner or owners of any ground through which any such street or •treets shall be opened, extended or widened, to lead to the Pittsburgh gas works, INDEX. 861 may proceed in the same manner to obtain indemnification for any injury he or they may sustain thereby, as is directed by the several acts in force, and providing for the opening of public roads in this commonwealth, 717 HOG’S LARD AND BUTTER. See Title “Inspection of Produce,” and also act of assembly, entitled “an act relating to inspections,” passed 15th April, 1835, and the several supplements thereto, 736-70 HOGSHEADS AND PUNCHEONS. See Title, “Inspection of Produce,” and also act of assembly, entitled “ an act relating to inspections,” passed 15th of April, 1835, and the several supplements thereto, 736-70 HOSE AND FIRE ENGINE COMPANIES. 1. The sum of $3235 53 cents, appropriated by councils, to extinguish the debts due by the several fire engine and hose companies of the city, and to meet their current expenses for the year 1835, 691 2. Mayor required to draw his warrants upon the city treasurer, in favor of the treasurers of the several fire engine and hose companies of the city, for the several sums appropriated for their relief, as follows : amounting in the whole to $ 3235 53 cents, viz: 3. Allegheny engine and hose company, $ 395 54 4. First Pittsburgh hose company, 575 57 5. Eagle fire engine and hose company, 325 00 6. Neptune fire engine and hose company, 1,270 00 7. Contingent expenses for said companies, 466 13 8. Vigilant fire engine and hose company, 153 29 9. Union hose company, 50 00 10. The further sum of $ 1070, appropriated to pay the debts of the Vigilant fire engine and hose company, due by them to the Firemen’s insurance company, to Merrick and Agnew, and to Pennock and Sellers, payable on the first of July, 1836, with interest from the 1st of July, 1835, 692 11. Joint standing committee of councils to be annually appointed, in the month of January, consisting of one from the select and one from the common councils, to be styled “ the committee on fire companies,” 692 12. Duty of the joint standing committee on fire companies to inspect the fire engines, hose, and other fire apparatus of the respective fire and hose companies in the city, as often as they may think proper; and to apportion the moneys hereafter appropriated, or so much thereof as they may deem necessary, to and among the said companies, and to act in relation to such apportionment according to their dis¬ cretion, 692-93 13. The sum of $ 1100, to be annually appropriated, and placed under the con¬ trol of the joint standing committee on fire companies ; and the same, or such part thereof as the committee may deem necessary, to be paid on the 1st of October, annually, to the several fire engine and hose companies of the city, for the purpose of keeping their respective fire engines, hose, and other fire apparatus in effectual and useful condition ; to be paid to the several companies, in such proportions as shall be respectively assigned to them by the committee, 693 14. No portion of the moneys appropriated for the use of the several fire en¬ gine and hose companies of the city, to be appropriated to the use or relief of any fire companies, instituted after the 25th of May, 1835, 693 15. Duty of the joint standing committee on fire companies, when they have apportioned and allotted the annual appropriation of $ 1100, to and among each fire engine and hose company complying with the provisions of the ordinance of the 25th of May, 1835, to certify the sum so allowed to each company to the Mayor, who shall draw his warrant for the amount thereof on the city treasurer, in favor of the treasurers of the respective companies, 693 16. Appropriation for hose and fire companies, for the year 1834, $1615, 670 17. Joint committee of councils, on fire companies, authorizedto purchase from the Methodist Episcopal church, a lot of ground, corner of Seventh street and Mil- 862 INDEX. tenberger’s alley, for the use of the Neptune fire engine and hose compa¬ nies, 707 HORSES AND CARRIAGES. A fine or penalty of ten dollars, to be recovered before the mayor or any of the aldermen of the city, imposed on all persons exposing for sale any carriage or carriages, horses, cattle, or animals of any description, in or upon any of the public squares, streets, lanes, or alleys of the city, 690 HOSPITAL. Amount appropriated for the hospital, and for sanitary purposes, for the year 1835, $ 1000, 684 HOUSEHOLDERS. Every householder of the city to be taxed for dogs kept by them, at the rate of $ 2 for the first dog, and $4 for every dog after the first; and for every female dog, $ 6; and no collar to be put on any dog, until the tax for the current year shall be first paid, under a penalty of not less than $ 10, nor more than $ 20, for each of¬ fence, 797 HOUSEKEEPERS. 1. On receiving poor persons who have not gained a settlement, to give notice thereof in writing to the overseers of the poor, 780 2. Housekeepers failing to give such notice, liable to the maintenance of such persons, 780 3. If such housekeeper shall refuse to pay the charges,