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 45
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Section 85. No person shall be eligible to any town- ship office, unless he be an elector of the township for which he shall be chosen.
Section 86. If any person elected or appointed to any township office, excepting that of constable, and duly notified thereof, shall neglect or refuse to serve in such office, he shall forfeit the sum of forty dollars. Provid- ed, that no person shall be required to serve in any of- fice oftener than once in ten years.
Section 87. Every person elected or appointed to any township office, shall, before entering upon the duties of his office, take and subscribe an oath or affir- mation, before some person having authority to admin- ister oaths, to support the constitution of the United States, and that of this commonwealth, and to perform the duties of his office with fidelity; a copy of which oath or affirmation, certified by the person by whom the the same shall be administered, shall, within ten days thereafter, be filed with the town clerk, if there be one, in such township.
1. Assessors.
CONTENTS.
Sect. 88. Proceedings in case of failure to elect.
Sect. 89. Assessor to produce copy of oath, &c.
Sect. 90. Assessor to keep an account of the days em- ployed.
Section 88. If the electors of any township shall fail to choose an assessor or assistant assessor, at the time appointed by law, or if any person elected to such of- fice shall neglect or refuse to serve therein, or if any va- cancy shall happen therein by death or otherwise, the commissioners of the county shall appoint a fit person to fill the office, who shall have the same powers, be sub- ject to the same penalties, and receive the same com. pensation, as if he had been elected in manner afore- said.
Section 89. It shall be the duty of each assessor and assistant assessor, to produce to the commissioners of the county, within twenty days after his election or ap- pointment, a copy of the oath or affirmation, taken and subscribed by him as is herein before directed, and at- tested by the person by whom the same was administer-
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ed which shall be filed by the commissioners in their office.
Section 90. It shall be the duty of each assessor and assistant assessor, to keep an account of the several days by him actually employed in the performance of his du- ties, and to make return of the same to the commis- sioners of the county, verified by his oath or affirmation; and for each day so necessarily employed, he shall re- ceive the sum of one dollar
2. Supervisors.
CONTENTS.
Sect. 91. Supervisors to keep accounts.
Sect. 92. Penalty for refusing to settle, &c.
Sect. 93. Penalty for refusing to perform any duty. Sect. 94. Pay of supervisors.
Section 91. It shall be the duty of the supervisors of each township, to keep fair and clear accounts, in a book to be provided for the purpose, of all monies re- ceived by them, or either of them; and of all monies by them, or either of them, expended on behalf of the township; and such accounts, verified by oath or affir- mation, shall be exhibited to the township auditors at the annual settlement of the accounts of such super- visors.
Section 92. If any supervisor shall neglect or refuse to produce his accounts before the auditor, or shall ne- glect or refuse forthwith to pay over to his successor in office, any balance of public money in his hands, or to deliver to such successor, the books of account as afore- said, it shall be lawful for the auditors, by warrant un- der their hands and seals, directed to the sheriff or any constable of the county, setting forth particularly the cause of such commitment, to commit such delinquent to the county jail until he shall comply with the requi- sitions of the law, or be otherwise legally discharged. '
Section 93. If any, supervisor shall neglect or refuse to perform any duty required of him by law, he shall forfeit and pay a sum not less than four dollars, nor ex- ceeding fifty dollars, to be recovered in a summary way before any justice of the peace of the county, and ap- plied towards repairing the highways of the same town- ship. Provided, that such supervisor may appeal from the judgment of such justice to the next court of Quar- ter Sessions, who shall take such order thereon as to them shall appear just and reasonable, and the same shall be final and conclusive.
Section 94. Each supervisor shall be allowed, in the settlement of his accounts, 'the sum of one dollar for each day he shall be necessarily employed in discharge- ing the duties of his office.
3. Overseers of the Poor. CONTENTS.
Sect. 95. Overseers to have corporate powers for certain purposes.
Sect. 96. Overseers removing, &c. to deliver up pa- pers, &c.
Sections 97. The overseers of the poor of every township shall have capacity as a body corporate.
1. To sue and be sued as such.
2. To take and hold real estate within the limits of the township, and also personal property, for the bene- fit of the poor of the township, and for no other use or purpose.
Section 96. If any overseer shall remove out of the township, he shall previously thereto deliver over to some other overseer of the same township, all books of account, documents and other papers, and all moneys and effects in his possession in right of his office; and upon the death of any overseer, it shall be the duty of his executors or administrators, within forty days after his decease, to deliver over all such books, documents, papers and effects to some overseer as aforesaid, and to
pay out of the assets in his hands, all such moneys, be- fore paying any of the debts of the decedent.
4. Township Treasurer. CONTENTS.
Sect. 97. Township treasurer to give bond with sure- ties.
Sect. 98. Township treasurer to receive township moneys, &c.
Sect. 99. His compensation.
Sect. 100. Penalty for failing to perform any duty.
Section 97. Each township treasurer shall give bond with sureties, to the satisfaction of the supervisors and overseers of the same township, conditioned for the faithful performance of the duties of his office, for a just account of all monies that may come into his hands by virtue thereof, 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 township that may remain in his hands.
Section 98. It shall be the duty of every township treasurer to receive all moneys due or accruing to the township, and to keep distinct accounts of all sums re- ceived from the road tax, the poor tax, and other sources; which accounts shall at all times be open to the inspection of the supervisors and overseers of the poor of the township, and of each of them. He shall pay all moneys received by him, from taxes or otherwise for the use of the poor, on orders drawn by the overseees of the poor; and all other moneys on orders drawn by the supervisors of the township. And he shall annu- ally, in the month of March, state his accounts, and lay the same, together with the vouchers, before the town- ship auditors for settlement according to law.
Section 99. Each township treasurer shall receive in full compensation for his services, a certain amount per cent. on all moneys received and paid by him; which rate shall be settled, from time to time, by the supervisors and overseers of the poor of the township, with the approbation of the township auditors.
Section 100. If any township treasurer shall neglect or refuse to perform any of the duties of his office, he shall be fined in a sum not exceeding one hundred dol- lars, and shall be disqualified from holding the office.
5. Town Clerk. CONTENTS.
Sect. 101. Town Clerk to be clerk to supervisors and overseers.
Sect. 102. Town clerk to keep suitable books.
Sect. 103. Where such books shall be deposited.
Section 101. The town clerk in each township shall ex-officio, be clerk to the supervisors and overseers of the poor of the same township; and, as such, shall keep a record of the proceedings of the said offices, and shall receive such compensation therefor as they shall determine.
Section 102. It shall be the duty of each town clerk, whenever necessary, to provide a suitable book or books, for the purpose of entering therein, all matters of which he shall by law be required to keep a record, the expenses of which books shall be paid by the town- ship treasurer out of the township funds.
Section 103. The book or books so to be provided by the town clerk, shall be kept at the place appointed for holding the township elections, or as near thereto as conveniently may be, and shall be open to the inspec- tion of any person who may have occasion to search therein, and for each search he shall be entitled to a fee of ten cents.
6. Township Auditors. CONTENTS.
Sect. 104. Auditors to settle accounts of supervisors and overseers.
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Sect. 105. Their report to be filed with the town clerk, &c.
Sect. 106. Appeal from such report, Sect, 107. Powers of the auditors.
Sect. 108. Pay of the auditors.
Section 104. The auditors of each township, any two of whom duly convened, shall be a quorum, shall audit, settle, and adjust the accounts of the supervisors, overseers of the poor, and treasurer of the township, and such other township officers as may by law be re- ferred to them.
Section 105. The report of such township auditors shall be filed with the town clerk; if there be one, and if there be no town clerk, it shall remain with the senior auditor, for the inspection of all persons concerned.
Section 106. It shall be lawful for the township, or the officer accounting, to appeal from such settlement to the court of Common Pleas of the same county, with- in thirty days after such settlement; whereupon the court may direct an issue to determine disputed facts, if necessary. Provided, that no appeal by such officer shall be received, unless the appellant shall enter into a recognizance with two sufficient sureties, conditioned to prosecute the appeal with effect, and to pay all costs accruing thereupon.
Section 107. The auditors of each township shall have the same power and authority to obtain the attendance before them of parties and witnesses, and the produc- tion of books and papers, and to administer oaths and affirmations, as are by law given to county auditors.
Section 108. The auditors of every township shall re- spectively receive the sum of one dollar for each day necessarily employed in the duties of their office, which shall be paid by the township treasurer out of the town- ship funds.
Constables.
CONTENTS.
Sect. 109. Person elected to appear at the Quarter Sessions.
Sect. 110. Quarter Sessions to appoint one of the persons returned.
Sect. 111. Provision in case of failure to elect, &c. Sect. 112. Penalty for refusing to serve.
Sect. 113. Proviso for persons who have served with- in ten years.
Sect. 114. Bonds of constables.
Sect. 115. Deputy not to be appointed without ap- probation of court.
Sect. 116. Proviso in case of death, &c.during vacation. Sect. 117. Provision for the recovery of pecuniary penalties.
Sect. 118. This act not to repeal special local pro- visions.
Section 109. It shall be the duty of every person elected to the office of constable, in any township, to appear on the first day of the next court of Quarter Ses- sions of the same county, to accept or decline such of- fice; and if any person so elected, and duly notified thereof, shall neglect. or refuse so to appear, he shall forfeit to the commonwealth the sum of thirty dollars, to be levied by order of the court.
Section 110. The court to which a return, as afore- said, shall be made, shall appoint one of the persons re- turned to be constable of the township, for the term of one year from the date of his appointment,and until a suc- cessor shall be duly appointed, if it shall appear to the satisfaction of the court that he possesses a freehold estate in his own right, clear of all encumbrances, of the value of at least one thousand dollars; or, if he does not possess such freehold estate, if he shall give bond with at least one sufficient surety, to be approved of by the court, in the sum and manner hereinafter direct- ed. Provided, that the court shall in all cases give a preference, in such appointment, to the person highest VOL. XII. 20
on the return, if he be a freeholder, as aforesaid, or of- fers to give security, as herein before provided.
Section 111. If the electors of any township shall fail to elect two persons for the said office, or if both the persons returned should be incompetent with respect to estate, or unable to give the requisite security, or should refuse to take upon themselves the said office, or in the event of vacancy in the office by death or otherwise, it shall be the duty of the said court to appoint some oth- er respectable person, possessing a freehold estate of the value aforesaid, or who shall give the security re- quired, to serve as constable until the next annual elec- tion, and until a successor be duly appointed.
Section 112. If any person, who shall be duly elected and appointed a constable, or who shall be appointed as such by the court, in the cases herein before men- tioned, and who shall possess a freehold estate of the value aforesaid, shall refuse or neglect to take upon him- self the said office, or shall not procure a deputy to un- dertake the duties thereof, he shall be fined by the court in the sum of forty dollars.
Section 113. Provided, that no person shall be liable to the penalty aforesaid, who shall have served person- ally, or by deputy, in the office of constable of the same township, within ten years of his said election or ap- pointment; or, having been elected or appointed within that period, shall have paid the penalty aforesaid.
Section 114. The bond to he given by a constable shall be in such sum, not less than five hundred dollars, nor more than three thousand dollars, as the court shall direct, and shall be taken by the clerk of the court in the name of the commonwealth, with condition for the just and faithful discharge by the said constable of the duties of his office. And such bond shall be held in trust for the use and benefit of all persons who may sus- tain injury from him, in his official capacity, by reason of neglect of duty, and for the like purposes and uses, as sheriff's bonds are given and held.
Section 115. No deputy shall be appointed by any constable, either by general or partial deputation, with- out the approbation of the court of Quarter Sessions of the proper county first had and obtained, except the same be made especially in some civil suit or proceed- ing, at the request and risk of the plaintiff.
Section 116. Provided, that in the event of the death, inability, or refusal to act, of his deputy, the constable of any township may with the approbation of any one of the judges of the court of Quarter Sessions of the same county, appoint another deputy, with full authority to act as such until the next regular session of such court; and for the acts of such deputy, the constable and his sureties shall be liable as in other cases, and in every such case the constable shall file a written copy of such deputation in the office of the clerk of the court of Quarter Sessions of such county.
Section 117. In every case in which any pecuniary penalty or forfeiture is imposed by this act, the pro- ceeding for the recovery of the same shall be by indict- ment or information in the court of Quarter Sessions of the proper county, unless it be otherwise specially pro- vided.
Section 118. Nothing in this act contained shall be so construed as to repeal any special provision hereto- fore made by law for any city, borough, district or township in this commonwealth.
ST. PETER'S CHURCH.
From an Appendix to two Sermons preached by Rev. Dr. De Lancey, in St. Peter's Church, on the 23d and 30th of June 1833, which have, at the request of the vestry, been published.
"In the records of the long,eventful life of the'venerable rector of this church, few things can be more grateful than the re- flection that sixty years' connexion with this congregation have not witnessed a single controversy among its members."
The following brief outline of the history of St. Pe-
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ter's, suggested by this allusion to its present venerable rector, will probably be new to many of its members.
St. Peter's church was erected at the suggestion and through the influence of several members of Christ's church, (then the only Episcopal church in Philadel- phia,) resident in that part of the city where the church stands. It was dedicated in 1761. The ensuing ac count of the dedication is taken from the preface to the Sermon preached on the occasion by the Rev. Dr. WILLIAM SMITH, Provost of the University of Pennsyl- vania.
"In this country, then, where our church is far re- moved from the government of her bishops, and where it hath not yet been the method, (nor indeed would cir- cumstances always admit, ) before a stated use of our newly erected places of worship, to solicit a special au- thority for separating them to God's service, in the ex- press manner of any approved ritual; all we can do is to preserve so much of the original design of the thing as Presbyters may warrantably perform; and which, in such circumstances, may be thought more immediately necessary for edification. We may meet on a fixed day; and in conjunction with the common service of the church, may use such particular forms of prayer and sermons as may be suitable to the occasion; professing before God and the world, our humble desire of setting apart such places to his service, and keeping them con- tinually sacred to that pious end.
Thus much is in the power of every religious society; and thus much, at least, as members of the church of England, it is our particular duty to do, with all possible solemnity, gravity, and love to God, whensoever we devote any particular place to his service; in order that, forever afterwards when we enter therein, we may con- sider ourselves as entering into the place, where He hath promised to manifest His more immediate presence; and behave ourselves when there, (as the primitive Christians are * said to have done in their places of worship,) with the utmost reverence and devotion, as in the palace of the Great King.
These were the principles kept in view at the open- ing of St. Peter's church in this city; and the best testi- mony for the conduct of that solemnity, is the approba- tion it met with, even from some who came prejudiced against every thing of that kind. And here it is but justice to the officiating ministers to set down the whole order and choice of the service, made by them on this occasion.
1. A beginning was made, with pronouncing the fol- lowing sentences.
"Thus saith the Lord: The heaven is my throne, and the earth is my footstool. Where is the house that ye build unto me? and where is the place of my rest?"- Isaiah.
"From the rising of the sun, even unto the going down of the same, my name shall be great among the Gentiles; and in every place incense shall be offered unto my name, and a pure offering; for my name shall be great among the heathen, saith the Lord of hosts." __ Malachi.
"The wilderness and the solitary place shall be glad, and the desert shall rejoice and blossom as the rose."- Isaiah.
"Where two or three are gathered together in my name, there am I in the midst of them."-St. Matthew.
2. An occasional Prayer from the Reading desk.
3. Morning Prayer of the church, as usual.
4. Proper Psalms, 84th, 122d, 132d.
5. The Lessons, viz .. § I Kings, ch. viii. St. Matt. ch. xxi. to v. 14th.
[N. B. Thus far, (except reading the Absolution,) by the youngest officiating minister.f]
6. An occasional Prayer, with a baptism, at the fount [by the author of the Sermon.]+
7. The remainder of the morning service, (using only,
instead of the collect for the day, that for St. Peter's day, and the last for good Friday,) by the eldest mis- sionary present. *
8. Occasional Prayer, with the Communion service.
9. The Epistle. Haggai, ch. 2d, to verse 10th.
10. The gospel for St.Peter's day.
[N. B. 'This part of the service was performed at the altar, by the eldest officiating minister. ] }
To this succeeded the Sermon; and if a judgment might be formed from the attention wherewith it was received by a very crowded audience, the author may flatter himself that now when it appears from the press, and solicits a candid perusal in the closet, it may be of some service; more especially that part which regards our neglected Sabbath and public ordinances.
The author's engagements allow him but few oppor- tunities of addressing the world in this way; and those hitherto have chiefly arisen out of public occasions, where the calls were sudden, and where he hath only had leisure to show the warmth of the heart, and not the labor of the head-Happy always if, with a desire to serve his friends, he can give any testimony of a zeal for truth, and for that church whereof he is a member !"
At this time the Rev. Robert Jenney, L. L. D., was rector ot Christ's church, to which St. Peter's was unit- ed under the same rectorship as part of the same cor- poration, which thenceforth became the united churches of Christ church and St. Peter's. Mr. Jenney was ad- vanced in age, and in a feeble state of health. The Rev. William Sturgeon and the Rev. Jacob Duché were the assistant ministers.
Upon the death of Dr. Jenney, in 1762, the church remained for some time without a rector, sustained by the administrations of the other clergy. The choice ul- timately fell upon Dr. Richard Peters, who held the rectorship until 1775, when he resigned, and was suc- ceeded by the Rev. Jacob Duché in that station-the Rev. Thomas Coombs and the Rev. William White be- ing the assistant ministers, both having been chosen in 1772.
The events of the Revolution of 1776 dispersed those clergy who adopted views adverse to the Declaration of Independence. Both Mr. Duché and Mr. Coombs left the country in that year, and the Rev. William White, then one of the assistant ministers, was appoint- ed to the Rectorship, which he accepted with the ex- press understanding, that in case Mr. Duché should re- turn, he might be at liberty to surrender the parish to the former incumbent. Mr. Coombs never returned, and although Mr. Duché subsequently resided in the country, it was under circumstances which physically incapacitated him from resuming his ministerial func- tions. He was the victim of a paralysis.
From 1776 to 1780. Dr. White continued to officiate without assistance, alternately in the morning in one church, and in the afternoon in the other. In the last named year, the Rev. Robert Blackwell was elected assistant minister. In 1787 Dr. White proceeded to England, and was consecrated Bishop of the state of Pennsylvania in that year, continuing his connexion with the parish as Rector. In the same year the Rev. Joseph Bend was appointed an assistant minister; and appears to have resigned in 1791:
The Rev. James Abercrombie was chosen an assistant minister in 1794.
In 1809, St. James's church, in North Seventh street, was erected under the direction of the vestry, and con- nected with the corporation, which thenceforth consisted of the united churches of Christ church, St. Peter's, and St. James's.
Subsequently to this, in 1811, the Rev. Dr. Black- well having resigned, on account of his advanced age and infirmities, the Rev. Jackson Kemper was cho. sen an assistant minister.
In 1815, the Rev. James Milnor was appointed as-
* Chrysostom. f Rev. Mr. Duché, # Rev. Dr. Smith.
* Rev. Mr. Neill, + Rev. Mr. Sturgeon.
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sistant minister, which office he resigned upon being called, in 1817, to the Rectorship of St. George's church, New York.
In 1823, after some previous temporary annual ap- pointments of various clergymen, the Rev. William H. De Lancey was chosen an assistant minister. He re- signed the situation upon being elected Provost of the University of Pennsylvania, in 1828.
In 1829, St. James's church was amicably separated from the united churches, and erected into a distinct parish by an act of the Legislature, the Rt. Rev. Bishop White, the former Rector of the three united churches, retaining the same relation to the newly erected parish, the other churches retaining also his services with those of the assistant ministers, the Rev. Drs. Abercrombie and Kemper. At this point the narrative leaves St. James's church.
In 1821 the Rev. Dr. Kemper resigned the assistant ministry of Christ church and St. Peter's, to accept the charge of an important parish in Connecticut. His ardent and sober piety, his unremitted assiduity, his admirable parochial talents, and his faithful inculcation of evangelical truth, will long be held in fond remem- brance by his many friends, and may well be contem- plated by his successors as an example to guide and sti- mulate them in the responsible and difficult stations which they occupy.
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