USA > Pennsylvania > The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. XII > Part 43
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It has also been agreed to report for consideration whether any of the following proposed amendments ought to be made, to be determined under the instruc- tions of the people, by an adjourned convention, to be held next winter.
1. To shorten the term of the Governor's office, and of his continued eilgibility.
2. To prohibit lotteries.
3. To impose restrictions, in certain cases on the pow- er of the legislature to grant perpetual and unrepeala- ble charters of incorporation.
4. To prohibit the legislature from borrowing money on behalf of the state, excepting to a certain amount,- Philad. Gax.
At the Court of Quarter Sessions held in this borough last week, LEWIS ROLLIN, a kind of deputy manager in the cotton factory of B. McCready, was indicted for having beaten a lad of 14 years of age, one of the hands employed in that establishment. The prosecution was conducted by Messrs. Hancock, Deputy Attorney Ge- neral, W. Powel, and Formance; and the prisoner was zealously defended by Messrs. Freedley and Kendall. After a patient investigation of the case, the jury re- turned a verdict of Guilty, and the court sentenced the prisoner to pay a fine of one dollar to the common- wealth, besides the costs of prosecution.
By this trial a principle has been established for the government of these "clock-work institutions," which will deprive certain petty tyrants of much of their usurped authority, and secure to the operatives a de- gree of protection under the laws of our country, which will tend to render their situation less onerous, because they will feel themselves more secure from oppression. The march of free principles is onward, and the time is fast approaching when the rights of the working-man shall be respected, and his person be protected from wrong and outrage. - Norristown Reg.
WEST CHESTER RAIL-ROAD .- A few days since, two cars laden with brick, weighing upwards of eight tons were taken with one horse, the whole length of this road; three miles of which was up a grade of forty feet per mile. This would have required sixteen horses to have hauled the same weight on our ordinary roads, proving beyond a doubt the great utility of Rail Roads, and the advantage this road must be to West Chester and the country contiguous.
DIED-At his residence in Rostraver township, on Tuesday the 15th instant, MR. JESSE FELL, aged 56 years. 'The deceased was a worthy and respectable man. He was of an unusual size-weighing when liv- ing, about 500 pounds. - Westmoreland Repub.
Printed by Wm. F. Geddes, No. 9 Library street, Philadelphia.
HAZARD'S REGISTER OF PENNSYLVANIA.
DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE.
EDITED BY SAMUEL HAZARD.
VOL. XII .- NO. 10. PHILADELPHIA, SEPTEMBER 7, 1833. NO. 29.
REPORT ON THE REVISED CODE.
A Bill relating to Counties and Townships, and County and Township Officers.
TABLE OF CONTENTS.
I. OF COUNTIES AND TOWNSHIPS.
Section 1. Division of the state into counties.
Sect. 2. Cities to be considered as included in coun- ties, with exceptions.
Sect. 3. Counties and townships to be bodies corpo- rate for certain purposes.
Sect. 4. How their corporate powers are to be exer- cised.
Sect. 5. How suits against them are to be brought and defended.
Sect. 6. Proceedings to enforce judgment against counties.
Sect. 7. Proceedings to enforce judgment against townships.
Sect. 8. County seat for each county.
Sect. 9. Title to court houses, &c. to be vested in the county.
Sect. 10. County commissioners to have power to build court houses, &c.
Sect. 11. Commissioners to keep public buildings in repair, &c.
Sect. 12. County officers to keep their offices at the seat of justice, &c.
Sect. 13. Quarter sessions to have power to erect new townships, &c.
Sect. 14. Proceedings for such purpose.
An Act relating to Counties and Townships, and Coun- ty and Township Officers.
It is enacted by the Senate and House of Representa. tives of the commonwealth of Pennsylvania, in General Assembly met, as follows:
Section 1. The state shall be divided into the follow- ing named counties, viz.
Philadelphia, Bucks, Chester, Lancaster, York, Cum- berland, Berks, Northampton, Bedford, Northumber- land, Westmoreland, Washington, Fayette, Franklin, Montgomery, Dauphin, Luzerne, Huntingdon, Alle- gheny, Mifflin, Delaware, Lycoming, Somerset, Greene, Wayne, Adams, Centre, Beaver, Butler, Mercer, Craw- ford, Erie, Warren, Venango, Armstrong, Indiana, Jef- ferson, M'Kean, Clearfield, Potter, Tioga, Cambria, Bradford, Susquehanna, Schuylkill, Lehigh, Lebanon, Columbia, Union, Pike, Perry, Juniata, as the same are now by law established: and into such others as the Le- gislature may, from time to time, establish.
Section 2. Every city shall be deemed and taken to form part of the county in which it is or may be situate; saving, nevertheless, to each city and to the citizens thereof,all and singular the jurisdictions, powers, rights, liberties, privileges, and immunities; granted by the re- spective charters and by the laws of this commonwealth.
Section 3. The several counties and townships in this state shall have capacity as bodies corporate:
1st. To sue and be sued as such.
2d. To take and hold real estate within their respec- tive limits, and also personal property: Provided that such real and personal estate shall be taken and held VOL. XII. 19
only for the benefit of the inhabitants of the respective county or township, and for such objects and purposes, and none other, as county and township rates and levies are now, or hereafter may be, authorised by law to be laid and collected; and for such other objects and pur- poses as may hereafter be expressly authorised by law.
3d. To make such contracts as may be necessary and proper for the execution of the same objects and pur- poses.
Section 4. The corporate powers of the several coun- ties and townships shall be exercised ,by the commis- sioners or supervisors thereof, respectively.
Section 5. All suits by a county or township shall be brought and conducted by the commissioners or super- visors thereof, respectively; and in all suits against a county or township, process shall be served upon, and defence made by the commissioners or supervisors thereof, respectively.
Section 6. If judgment shall be obtained against a county in any action or proceeding, the party entitled to the benefit of such judgment may have execution thereof as follows, and not otherwise, viz. It shall be lawful for the court in which such judgment shall be obtained, or to which such judgment may be removed by transcript from a justice of the peace or alderman, to issue thereon a writ commanding the commissioners of the county to cause the amount thereof, with the inte- rest and costs, to be paid to the party entitled to the benefit of such judgment, out of any monies unappro- priated of such county; or if there be no such moneys, out of the first moneys that shall be received for the use of such county; and to enforce obedience to such writ by attachment.
Section 7. If judgment shall be obtained against a township, or against the overseers of the poor of a town- ship, the like proceedings may be had to enforce pay- ment out of the township funds, according to the cir- cumstances of the case.
Section 8. There shall be a county seal for each coun- ty of this state, which shall be in the custody of the commissioners thereof, and the official acts of the com- missioners shall be authenticated therewith.
Section 9. The title to all and singular the court- houses, jails, prisons, and work-houses, together with the lots of land thereunto belonging or appertaining, in the several counties in this state, as they now are, or heretofore have been, vested in any feoffees or trus- tecs, or in the commonwealth, or in the commissioners of the respective counties, or in any bodies politic or corporate, for the several use of the said counties re- spectively, shall be, and they are hereby declared to be vested in the respective counties, for the use of the people thereof, and for no other use.
Section 10. It shall be lawful for the commissioners of any county, having first obtained the approbation of the grand jury and of the court of Quarter Sessions of such county, to cause to be erected at the seat of justice thereof, when occasion shall require, such building or buildings as may be necessary for the accommodation of the courts, and of the several officers in the county, and for the reception and safe keeping of the records and other papers in charge of such officers; and also such other building or buildings as may be necessary and proper for the purposes of a county jail and work-
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house, and if need be, to purchase ground for the erec- tion of such buildings.
Section 11. It shall be the duty of the commissioners of every county, to keep and maintain the public build- ings aforesaid of the county, in suitable and convenient order and repair; and it shall be lawful for them, when necessary, having first obtained the approbation of the grand jury and of the court of Quarter Sessions of the county, to alter, add to, or enlarge such public build- ings.
Section 12. It shall be the duty of the several pro thonotaries, clerks of the court of Quarter Sessions and Orphans' court, registers, and recorders, and also of the commissioners, auditors, treasurer, and sheriff of the several counties, to keep their respective offices, and all public records and papers belonging thereto, at the seat of justice of the respective county, and in such building or buildings as may be erected or appropriated for such purpose, under a penalty, in each case, of five hundred dollars, to be recovered by action of debt or information; one half thereof to be paid to the treasurer of the proper county, to be applied by him to the pay- ment of the erection or repairs of such buildings, and the other half thereof to be for the use of him who shall first sue for the penalty.
Section 13. The several courts of Quarter Sessions shall have authority, within their respective counties, to erect new townships, to divide any township already erected, and to alter the lines of any two or more ad- joining townships, so as to suit the convenience of the inhabitants thereof
Section 14. Upon application by petition to a court of Quarter Sessions, for such purpose the said court shall appoint three impartial men, if necessary, to in- quire into the propriety of granting the prayer of the petition; and it shall be the duty of the commissioners so appointed, or of any two of them, to make a plot or draught of the township proposed to be divided, and the division line proposed to be made therein, or of the township proposed to be laid off, or of the lines propos- ed to be altered of two or more adjoining townships, as the case may be, if the same cannot be fully designated by natural lines or boundaries; all which they or any two of them shall report to the next court of Quarter Sessions, together with their opinion of the same; and at the term after that, at which the report shall be made, the court shall take such order thereupon as to them shall appear just and reasonable.
II. OF COUNTY OFFICERS.
1. County Commissioners.
CONTENTS.
Sect. 15. Election of commissioners.
Sect. 16. Proceedings in case of failure to elect, &c.
Sect. 17. Commissioners to take an oath or affirma- tion.
Sect. 18. First meeting of commissioners after their election.
Sect. 19. Two commissioners to form a quorum.
Sect. 20. Commissioners to appoint a clerk.
Sect. 21. Certified copies of their proceedings to be evidence.
Sect. 22. Commissioners to publish annual state- ments.
Sect. 23. Contents of such statement.
Sect. 24. Penalty for neglect of duty.
Sect. 25. Commissioners to have power to administer oaths, &c.
Sect. 26. Pay of Commissioners.
Section 15. The electors of every county shall, on the day of the general election, in each year, elect one respectable citizen, to serve as commissioner of the county, for the term of three years next ensuing such election, and until a successor shall be duly elected or appointed.
Section 16. If an election of a county commissioner
shall not take place, as is herein before provided, or if such election shall be set aside according to law, or if any commissioner shall decline serving in such office, or shall die or remove out of the county, or be removed from office, the remaining commissioner or commission- ers, together with the court of Quarter Sessions of the County, shall appoint a suitable citizen to fill the vacan- cy, until the next general election, when a commission- er shall be elected for the unexpired term.
Section 17. Every commissioner, elected or appoint- ed, as aforesaid, shall, before he enters upon the duties of his office, take and subscribe an oath or affirmation, before some person havingauthority to administer oaths, to support the constitution of the United States and that of this state, and to perform the duties of his office with fidelity; which oath or affirmation, certified by the per- son before whom it was taken, shall, within ten days hereafter, be filed by such commissioner, in the office of the clerk of the court of Quarter Sessions of the same county.
Section 18. The commissioners of each county shall assemble at the seat of justice thereof, within thirty days after the general election, in each year, when each new commissioner shall produce a certificate, under the hand and seal of the clerk of the court of Quarter Ses- sions of the same county, of his election and qualifica- tion, according to the provisions of this act.
Section 19. Two of the commissioners aforesaid, shall form a board for the transaction of business; and when convened in pursuance of notice, or according to ad- journment, shall be competent to perform all and singu- lar the duties appertaining to the office of county com- missioners.
Section 20. It shall be the duty of the commissioners of each county, to appoint a suitable person as clerk, who shall keep the books and accounts of the board, record or file their proceedings and papers, attest all orders and warrants issued by them, and perform all other acts pertaining to his office as clerk: He shall receive for his services such sum as the commissioners shall, at their first meeting in each year, agree upon.
Section 21. Copies of the proceedings of the commis- sioners, certified by their clerk under the county seal, shall be good evidence of such proceedings, on the trial of any cause, in any of the courts within this common- wealth.
Section 22. It shall be the duty of the commissioners of each county, to publish annually, once a week for four successive weeks, in the month of February, a full and accurate statement of all receipts and expenditures of the preceding year, in one or more of the newspapers printed in the county, and if no newspaper be publish- ed in such county, then in at least fifty printed hand- bills, to be set up in the most public places in the county.
Section 23. Such statement shall enumerate the re- spective sums paid by each ward and township within the city and county, and also designate all sums ex- pended for the support of prisons, the pay of each com- missioner and their clerk, the repair of old or the erec- tion of new bridges, and the sums paid to individuals for lands over which roads may have been laid out, to- gether with such other items as may have a tendency to convey a general information of the transactions of the preceding year.
Section 24 If the commissioners of any county shall neglect or refuse to perform any duty required of them by law, or if any one of such commissioners shall neglect or refuse to perform any official duty, they or he shall respectively be fined in a sum not exceeding one hun- dred dollars.
Section 25. The commisioners of every county shall respectively have power to administer oaths and affirm- ations, in all cases arising in the performance of the du- ties of their office.
Section 26. The commissioners of each county shall respectively receive out of the county treasury, the sum
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of one dollar and fifty cents, for each day they shall necessarily attend to the duties of their office.
2. County Treasurer.
CONTENTS.
Sect. 27. Appointment of treasurer.
Sect. 28. Restrictions on the power of appointment.
Sect. 29. Treasurer not to serve longer than three years in six.
Sect. 30. Penalty for appointing an ineligible person. Sect. 31. Commissioners to give treasurer a certificate of appointment.
Sect. 32. Treasurer not to act until certificate and bond given.
Sect. 33. Treasurer to give bond to the county.
Sect. 34. Treasurer to give bond to the common- wealth.
Sect. 35. Official copy of his bonds to be evidence. Sect 36. Penalty for failing to send bond to the audi- tor general.
Sect 37. Duties of treasurer with respect to the coun- ty funds.
Sect. 38. Treasurer to keep separate accounts of moneys of the commonwealth.
Sect. 39. Treasurer to render accounts to the auditor general.
Sect. 40. Treasurer to pay over quarterly to the state treasurer.
Sect. 41. Compensation of treasurer on behalf of the county.
Sect. 42. Compensation of treasurer on behalf of the commonwealth.
Sect. 43. Penalty for not performing any duty.
Sect. 44. Penalty on commissioners or treasurer con- cerned in any contract.
Section 27. The commissioners of each county shall, annually, in the first week in the month of January, ap- point a respectable citizen as county treasurer; and, in the event of the death, removal from the county, or misbehaviour in office, of such treasurer, it shall be the duty of the commissioners to appoint a fit person to fill the vacancy, until the end of the year.
Section 28. Provided, that no judge, clerk, or pro- thonotary ofany court, county commissioner, or auditor, shall receive the appointment of county treasurer; and that no person shall be appointed to such office, within three years after he shall have been a county commis- sioner or auditor. And provided, also, that no county treasurer shall be capable of receiving a re-appointment, unless he produce to the commissioners a certificate from the Auditor General and State Treasurer, that his accounts with the commonwealth have been duly set- tled, and the moneys belonging to the commonwealth paid over according to law, which certificate shall be filed in the office of such commissioners.
Section 29. No county treasurer shall serve in such office longer than three years in any term of six years.
Section 30. If the commissioners of any county shall appoint to the office of treasurer, any person who by law is declared to be incapable of receiving such ap- pointment. they shall be deemed to be guilty of a mis- demeanor in office: and each commissioner consenting to such appointment, shall be sentenced to pay a fine of not less than fifty dollars, nor more than three hundred dollars, at the discretion of the court, for the use of the commonwealth.
Section 31. It shall be the duty of the commissioners of each county, annually, within ten days after the ap- pointment of county treasurer, to grant to such treasur- er a certificate of his appointment, under the county seal, which shall be entered of record in the office of the recorder of deeds of the same county; and also to forward to the Auditor General, a certificate in similar form, stating the name of the county treasurer, and the date of his appointment.
Section 32. No person, appointed treasurer of any county, shall undertake any of the duties of his office, until a certificate of his appointment shall have been given and recorded, in conformity with this act, nor un- til he shall have given bond with sureties, as is herein after provided.
Section 33. Each county treasurer shall give bond with sureties, to the satisfaction of the commissioners, conditioned for the faithful performance of the duties of his office, for a just account of all moneys that may come into his hands on behalf of the county, for the delivery to his successor in office of all books, papers, documents, and other things held in right of his office, and for the payment to him of any balance of money belonging to the county, remaining in his hands.
Section 34. Each county treasurer shall also, before entering upon the duties of his office, give a bond with sufficient security, to be approved of by at least two of the judges of the court of Quarter Sessions of the same county, and in such penalty as the said judges shall deem sufficient, conditioned for the faithful discharge of all duties enjoined upon him by law, in behalf of the commonwealth, and for the payment according to law, of all moneys received by him for the use of the con- monwealth; which bond shall be taken by, and acknow- ledged before the recorder of deeds of the same county, and recorded in his office, at the cost of the county treasury; and the original bond shall be forthwith transmitted to the Auditor General.
Section 35. Copies of the record of the official bond of any county treasurer, acknowledged and recorded as aforesaid, and duly certified by the recorder of deeds for the time being, shall be good evidence in any action brought against such treasurer or his sureties on such bond, according to its form and effect, in the same man- ner as the original would be, if produced and offered in evidence.
Section 36. If any county treasurer shall fail to trans- mit to the Auditor General, within one month after his appointment, the bond required by this act to be given by him for the use of the commonwealth, the Auditor General shall give notice thereof to the county commis- sioners, who shall forthwith proceed to remove such treasurer from office, and appoint some suitable person in his place.
Section 37. It shall be the duty of every county trea- surer to receive all moneys due or accruing to the coun- ty, and to pay the same on warrants drawn by the com- missioners; he shall keep a just and true account of all moneys received and disbursed, which account shall be at all times open to the inspection of the commissioners, and of each of them; he shall once in three months, and oftener if required, furnish the commissioners with a statement of all moneys received and disbursed since the date of his last statement, exhibiting the balance remaining in his hands, together with the names of the collectors in whose hands any arrearages of taxes may remain, with the amount thereof; and he shall once in each year, state his accounts and produce his vouchers, which, after examination by the commissioners, shall be by them laid before the county auditors for settlement, according to law.
Section 38. It shall be the duty of every county trea- surer to keep separate accounts of all moneys received by him, on behalf of the commonwealth, from the fol- lowing sources, viz.
1. From licenses granted to hawkers and pedlars.
2. From licenses to tavern keepers.
3. From licenses to retailers of foreign merchandize; specifying, in each of these cases, the names of the parties,, the rate or amount paid for such license, and the year for which such license was issued or the duty paid.
4 From exempt fines.
5. From duties on collateral inheritances; specifying the name of the decedent, and the amount or value of the estate.
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6. From taxes assessed on personal property, in pur- suance of any act of Assembly.
7. From taxes assessed on real estate, in pursuance of any act of Assembly.
8. Under the laws providing for the gradual collec- tion of moneys due to the commonwealth for lands.
Section 39. It shall be the duty of every county trea- surer, annually, in the month of September, and oftener if required by the Auditor General, to forward to the Auditor General, a statement, under oath or affirma- tion, of all moneys received by him for the use of the commonwealth, since the date of his last statement, dis- tinguishing the amount received from each source of revenue, and embracing the several particulars herein before stated.
Section 40. It shall be the duty of every county trea- surer, within ten days after the first day of March, June, September and December, in each year, to pay over to the State Treasurer, the amount of moneys received by him for the use of the commonwealth during the pre- ceding quarter, deducting therefrom such sum or amount as may by law be allowed to him for his com- pensation.
Section 41. Each county treasurer shall receive in full compensation for his services on behalf of the county, a certain amount per cent. on all moneys received and paid by him; which rate shall be settled from time to time, by the county commissioners, with the approba- tion of the county auditors.
Section 42. Each county treasurer shall be entitled to deduct from the gross amount of moneys received by him for the use of the commonwealth, a commission in the following proportions, viz. where the whole sum accounted for quarterly does not exceed one thousand dollars, at the rate of five per cent. ; where it exceeds one thousand dollars, at the rate of five per cent. on the sum of one thousand dollars, and one per cent. on the excess beyond that sum. Provided, that no com- mission shall be allowed to any county treasurer, unless his accounts shall be transmitted, and the amounts due to the commonwealth be paid over, within the time herein before provided.
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