USA > Pennsylvania > Franklin County > Waynesboro > Waynesboro : the history of a settlement in the county formerly called Cumberland, but later Franklin, in the Commonwealth of Pennsylvania, in its beginnings, to its centennial period, and to the close of the present century > Part 27
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Section 3. And be it further enacted, &c .. That from and after the first Tuesday in May next. the chief burgess and town coun- cil duly elected as aforesaid. and their successors, shall be one body politic and corporate by the name and style of "The chief burgess and town council of the borough of Waynesburg." and shall have perpetual succession; and the said chief burgess and town council and their successors, shall be capable in law to have, get. receive, hold and possess, goods and chattels, lands and tenements, rents, liberties, jurisdictions, franchises and hereditaments, to them and their successors in fee simple or otherwise, not exceeding the yearly value of five thousand dol- lars, and also to grant, sell, let and assign the same lands, tene- ments, hereditaments and rents, and by the name and style aforesaid, they shall be capable in law to sue and be sued, plead and be impleaded in any of the Courts of law of this common- wealth, in all manner of actions whatsoever, and to have and to use one common seal, and the same from time to time at their will to change and alter until it be otherwise directed by law.
Section 4. And be it further enacted, &c., That if any person dutly elected as chief burgess, member of the town council, or high constable as aforesaid, and having received notice thereof as directed by this act. shall refuse or neglect to take upon himself the execution of the said office to which he shall have been elected, or having taken upon himself the duties of said office shall neglect to discharge the same according to law, every person so refusing or neglecting shall for every such of- fence forfeit and pay the sum of twenty dollars; which fine and all other fines and forfeitures incurred and made payable in pur- suance of this act or any of the by-laws and ordinances of the town council, shall be for the use of the said corporation and shall be recovered before any justice of the peace in the same manner that debts not exceeding one hundred dollars are by law recoverable, and when so recovered shall be forthwith paid to the treasurer of the borough; and it shall be the duty of the officers
383
EXPLANATORY NOTES TO CHAPTERS.
of said borough, on receiving any money belonging to the cor- NOTES. poration, to pay the same to the treasurer forthwith; Provided, That no person elected as aforesaid, shall be liable to a fine for refusing or neglecting to serve more than once in four years.
Section 5. And be it further enacted. &c., That the chief bur- gess and town council and high constable, and each of them, before entering upon the duties of their respective offices, shall take and subscribe an oath or affirmation before any justice of the peace of said county, to support the constitution of the United States and of this State and to perform the duties of their respective offices with fidelity, and the certificates of such oaths and affirmations shall be filed among the records of the said cor- poration.
Section 6. And be it further enacted, &c., That it shall be the duty of the said town council, three of whom shall be a quorum. to hold quarterly meetings on the third Saturday in April, July. October and January in each year, and oftener if occasion re- quires, at which meetings they may make, enact, revise. repeal and amend all such by-laws, such rules, regulations and ordin- ances, as shall be determined by a majority of them necessary to promote the peace. good order, benefit and advantage of the said borough, particularly of providing for the regulation of the markets, improving, repairing and keeping in order the streets, lanes, alleys and highways, ascertaining the depths of vaults, sinks, pits for necessary houses, and making permanent rules relative to the foundations of buildings, party walls and fences: they shall have power to assess, apportion and appro- priate such taxes as shall be determined by a majority of them necessary for carrying the said rules and ordinances from time to time into complete effect; and also to appoint a town clerk, treasurer, two persons to act as street and road supervisors, a clerk of the market and a collector, annually, and such other officers as may be deemed necessary from time to time, and the same officers from time to time to remove for misdemeanor in office; which meetings of the said town council shall be held at such convenient place as a majority of them shall think proper in said borough, until a town house is erected. Provided, That no by-laws, rule or ordinance of the said corporation shall be repugnant to the constitution or laws of the United States or of this commonwealth, and that no person shall be punished for a breach of a by-law or ordinance, made as aforesaid, until ten days have expired after the promulgation thereof, by at least four advertisements set up in the most public places in said borough: and Provided. also, That in assessing such tax, due re- gard shall be had to the valuation of taxable property taken for the purpose of raising county rates and levies, so that the said tax shall not in any year exceed one-half cent in the dollar of such valuation, unless some object of general utility shall be thought necessary, in which case a majority of the taxable in- habitants of said borough shall approve of, and certify the same
Oaths of Burgess and Council.
Time of meeting fixed.
Passage of ordi- nances &c.
Taxes.
Appointment of Officers.
Taxes limited.
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WAYNESBORO.
NOTES.
in writing under their hands to the town council, who shall pro- ceed to assess the same accordingly.
Delinquent taxes.
Section 7. And be it further enacted by the authority afore- said, &c., That the chief burgess elected and qualified agreeably to this act, is hereby authorized to issue his precept as often as occasion may require, directed to the collector, command- ing him to collect all taxes so assessed. and the same to pay over to the treasurer; and the said chief burgess is hereby authorized to carry into effect all by-laws and ordinances en- acted by the town council, and whatsoever else shall be enjoined upon him or them for the well ordering and governing said borough, and shall also have power to mitigate or remit fines and forfeitures in all cases where it shall appear that the person or persons so fined did not offend intentionally, or on their hav- ing some other just and reasonable excuse to plead in his or their behalf.
Fines and forfeit- ures.
Duty of Clerk.
Section 8. And be it further enacted. &c., That it shall be the duty of the town clerk to attend all meetings of the town council when assembled upon business of the corporation, and perform the duty of clerk thereto, and keep and preserve the common seal and records of the corporation, and be answerable for the same, and also for the faithful discharge of all the duties which may be enjoined upon him by virtue of this act or the acts of the corporation, whose attestation with the seal of the corpora- tion shall be good evidence of the act or thing so certified.
Seal.
Treasurer to give bond.
Section 9. And be it further enacted, &c., That the treasurer shall give sufficient security for the faithful discharge of the duties of his office, and for the safe delivery of all monies, books and accounts appertaining thereto, into the hands of his suc- cessor upon demand made for that purpose.
Accounts of offi- cers.
Section 10. And be it further enacted, &c., That the street supervisors, treasurer, high constable, clerk of the market and collector, as well as other officers which may be appointed by the corporation or council, shall in the month of April. yearly, render their accounts to the said council for settlement. and the said accounts being so adjusted and settled shall be forthwith published by said council, shewing particularly the amount of taxes laid and collected and of all monies paid into the treasury, and the amount of expenditures.
Appeals from taxes provided for.
Notice of annual election, how given.
Section II. And be it further enacted, &c., That the chief bur- gess and president of the council shall constitute a court of ap- peal, and prior to the collection of any borough tax. the col- lector shall inform each inhabitant of the amount of his tax, and of the time and place of appeal; Provided. nevertheless, That the said court of appeals shall have no other power as such, than to determine the justness of the apportionment of said tax, and to remedy any grievance that may occur in imposing the same.
Section 12. And be it further enacted, &c., That it shall be the duty of the high constable to give notice of the annual elec-
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EXPLANATORY NOTES TO CHAPTERS.
tion of said borough to be held in pursuance of this act. by setting up six advertisements in the most public places in said borough ten days previous thereto; he shall attend and see that the election is opened at the time and in the manner directed by this act; Provided, That William Blakeney or John Flanegan of said borough, and the constable of Washington township, shall publish and superintend the election to be held on the first Tues- day of May next as hereinbefore directed.
Section 13. And be it further enacted, &c .. That the judges, inspector and clerks of the elections aforesaid, shall be allowed each one dollar a day for their services in holding said elections, and the town council shall from time to time affix the salaries of the high constable, town clerk, treasurer, clerk of the mar- ket, and such other officers as may be appointed under this Act. which salaries shall be paid out of the Borough treasury by orders drawn thereon signed by the president of the council, which salaries shall not be increased or diminshed during the time for which said officers were appointed respectively; Pro- vided, That if any person appointed by the town council as afore- said, shall neglect or refuse to take upon himself the duties of the office to which he shall be so appointed, shall for the same forfeit and pay for the use of the corporation the sum of ten dol- lars, unless he can render to the said council a satisfactory reason why he should be exonerated from such service.
Section 14. And be it further enacted, &c., That if any person or persons shall think him, her or themselves aggrieved by any- thing done in pursuance of this act, except in what relates to the imposing and collecting the borough tax and appointments made by the town council, he, she or they may appeal to the next court of common pleas to be held for the said county, upon giving security according to law to prosecute his, her or their appeal with effect, and the said court having taken such order therein as shall seem to them just and reasonable the same shall be conclusive.
REES HILL. Speaker of the House of Representatives.
ISAAC WEAVER, Speaker of the Senate.
Approved-the twenty-first day of December, one thousand eight hundred and eighteen.
WILLIAM FINDLAY.
The above incorporation Act, it will be remembered, was abso- lutely repealed, by the Legislature on the thirtieth of March A. D. 1824.
NOTES.
Salaries of officers.
Forfeit for non-per- formance of duty.
Appeal to Com- mon Pleas Court provided for.
Repeal.
386
WAYNESBORO.
The Act reviving the corporate franchises of Waynesburg, and extending the same to Waynesboro. (P. L., 1830-31, p. 33).
AN ACT
Reviving an act incorporating the borough of Waynesburg, and changing the name thereof to Waynesboro.
Repeal and re-en- actment.
Change in limits.
Section I. Be it enacted by the Senate and House of Repre- sentatives of the Commonwealth of Pennsylvania in General As- sembly met, and it is hereby enacted by the authority of the same. That the act, entitled "An act to repeal an act incorpor- ating the borough of Waynesburg, in the county of Franklin, and for other purposes." passed the thirtieth day of March, one thousand eight hundred and twenty-four, be and the same is hereby repealed; and the act, entitled "An act to incorporate the town of Waynesburg, in the county of Franklin, into a borough, and for other purposes," passed the twenty-first day of December, one thousand eight hundred and eighteen, be and the same is hereby revived and re-enacted, in all its parts, except so far as regards the limits contained and described in the first section, which shall be as follows: Beginning at a stone stand- ing on the lands of John Flanagan, and running with the same and others north sixty-one and one-fourth degrees, west two hundred and four perches to a stone, standing on the lands of Henry Funk; thence with the same, John Hess, and others, south twenty-eight and three-fourth degrees, west one hun- dred and seventy-eight perches, to a stone, standing on a line between Andrew Baker and John Gilbert; thence with the same, Thomas Walker, and others, south sixty-one and a fourth de- grees, east two hundred and four perches, to a post, standing on the lands of John Clayton; thence with the same, and others, north twenty-eight and three-fourth degrees, east one hundred and seventy-eight perches, to the place of beginning.
First election.
Section 2. And it be further enacted by the authority afore- said, That the first election, after the passage of this act, shall be held on the first Monday in March next, in the manner pre- scribed by the said original act of incorporation, and the elec- tions thereafter shall be held at the time, and conducted in the manner, presented in the original act.
Name.
Section 3. And be it further enacted by the authority afore- said, That the same borough shall hereafter be called Waynes- boro.
FREDK. SMITH,
Speaker of the House of Representatives.
WM. G. HAWKINS, Speaker of the Senate.
Approved-The twenty-fifth day of January. A. D. one thous- and eight hundred and thirty-one.
GEO. WOLF.
NOTES. Note 25. Text page 89. Reviving Act.
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EXPLANATORY NOTES TO CHAPTERS.
The number of boroughs incorporated in Pennsylvania by the NOTES. Legislature from the beginning of the practice until the adoption of the Act of 1851, which transferred the business principally to the courts, and the adoption of the State constitution of 1873, which prohibited interference with the affairs of counties and boroughs, was, all told, four hundred and fifty.
Note 26.
Text page 92.
The following are some of the oldest boroughs of the State, men- tioned in the order of their incorporation :
Germantown, 1769
Frankford. 1800
Lancaster,
1774
Bare, 1802
Carlisle.
1782
Canonburg, 1802
Reading,
1783
Chambersburg. 1803
Bristol,
1785
Morrisville. 1804
York.
1787
Pittsburg. 1804
WV. Chester,
1788
Somerset, 1804
Easton,
1789
Erie. 1805
Bedford,
1795
Greencastle. 1805
Chester,
1795
Bellefonte,
18c6
Huntingdon,
1796
Connellsville,
1806
Uniontown. 1796
Gettysburg, 1806
.
Sunbury.
1797
Meadville.
1807
Greensburg.
1799
Harrisburg.
808
Lebanon, 1799
Mercersburg. 1831
It is an interesting fact that the borough of Mercersburg, in Franklin county, was incorporated the same year as Waynesboro (February 26, 1831), and is just one month the junior of Waynesboro.
The following copy of an original document referring to the period when slaves were still held in Franklin county can not be un- interesting:
July 27, 1816.
I do certify that I have sold to my Daughter Nancy Wallace my yalow garl Rose for the sum of forty dollars given under my hand this 27th Day of July. She was born the 9th of Febru- ary 1816.
Attest
John Wallace (son of Thomas Wallace)
her Nancy X Wallace mark (wife of Thomas Wallace)
CHAPTER V.
CHAPTER V.
LOOKING BACKWARD.
"Peale's Museum." This name is, doubtless, derived from that of Charles Wilson Peale, the patriot artist of the revolution, who, after his experience as a portrait painter, and the reputation which he ac-
Note 25. Text page 110.
Charles Wilson Peale.
Pennsylvania Boroughs.
Note 27. Text page 94. A relic of slave times.
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WAYNESBORO.
NOTES.
quired as such in painting the portraits of the most noted revolution- ary generals, settled down in Philadelphia, and opened up a place of entertainment which was known as "Peale's Museum." Here he had gathered a collection of various curiosities in the animal, mineral and vegetable kingdoms, as well as a large number of historical works. The museum was quite popular during the period referred to in Mr. Null's narrative.
Note 29. Text page 114.
The following is a copy complete of the proclamation issued by President Joseph Reed, offering a reward for the capture of Ben- jamin Nugent and his companions:
Pennsylvania ss
By His Excellency Joseph Reed Esquire President and the Supreme Executive Council of the Commonwealth of Penn- sylvania.
A PROCLAMATION
A price on their heads.
WHEREAS divers of the Inhabitants of the County of Cumber- land within this state have by their humble petition, represented to the Honorable House of Assembly in their present sessions, that they are in a state of most imminent danger, from a number of violent wicked persons within the said County, who being detected in counterfeiting money and such like evil practices have burnt the barns mills and houses of sundry well disposed and faithful subjects of this state, who have exerted themselves in discovering and bringing to Justice the above offenders: AND WHEREAS Benjamin Nugent William Nugent John Rosborough Charles Johnston and Doctor John McCartney are among others charged with the perpetration of the Offences, but have hitherto eluded the hands of publick Justice: And the said Peti- tion being recommended to the care and notice of this Council. For the discovery and punishment of such pernicious crimes, and that the said Benjamin Nugent William Nugent John Ros- borough Charles Johnston and Doctor John Jos. Reed President. McCartney, may be brought to condign and exemplary punishment. WE have thought fit to issue this our Proclamation hereby promising and engaging that the publick re- ward of five thousand dollars shall be paid to any person or persons who shall apprehend the said Benjamin Nugent William Nugent John Rosborough Charles Johnston and Doctor John McCartney, or one thousand dollars for either of them, and safely deliver them or either of them to any Sheriff within any Gaol of this state, together with reasonable expences attending the same. AND WE do hereby strictly charge enjoin and require all Judges Justices Sheriffs Constables, and all other the faithful and liege subjects within this Government to make diligent search and enquiry after the above offenders, and to use their utmost endeavors to apprehend and secure them, and every of them, so that they may be brought to Justice.
GIVEN by order of the Council under the hand of His Excel-
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EXPLANATORY NOTES TO CHAPTERS.
lency Joseph Reed Esquire President, and the seal of the state NOTES. at Philadelphia this twenty fifth day of March in the year of our Lord one thousand seven hundred and eighty.
GOD save the COMMONWEALTH.
Attest
T. Matlack
Secy
Endorsements: N. 28
Proclamation March 25th, 1780, for apprehending Benjn
Nugent & ors.
Inrolled in the Rolls Office for the State of Pennsylvania, in Commission Book, NI, Page 92. Witness my hand and seal of Office the 7th Janu- ary A. D. 1786. Mathw. Irwin. M. R.
The following is a copy complete of the petition of Ephraim Note 30. Hunter asking for the reward offered for the capture of William Nugent :
To His Excellency John Dickinson Esq., president and the St- preme Executive Council of the Commonwealth of Penn- sylvania.
The Petition of Ephraim Hunter of the County of Cumberland in the State of Pennsylvania.
Respectfully Sheweth,
That by a proclamation of His Excellency Joseph Reed Esq. president and the Supreme Executive Council dated the 25th day of March 1780 a Reward of Five thousand Continental Dollars was offered to any person or persons who should apprehend and safely deliver to any Sheriff within any Goal of the said State Benjamin Nugent, William Nugent, John Rosborough, Charles Johnston and Dr. John McCartney or One thousand Continental Dollars for either of them; together with reasonable Expences attending the same; That your petitioner hath lately apprehend- ed and safely delivered to Henry Miller Esq. High Sheriff within the Goal of York County the above named William Nugent as by the said Sheriff's Certificate herewith produced will appear. That the value of the said one thousand Continental Dollars in hard Money agreeably to the Scale of Depreciation does not appear to be more than Six pounds seven Shillings & sixpence together with four Dollars expences attending the delivering the said Nugent to the Goal afs. which together amounts to Seven pounds seventeen Shillings & sixpence hard Money: Your petitioner therefore Prays that your Honors will be pleased to
Text page 114.
The price demand- ed.
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WAYNESBORO.
NOTES.
pay him the said Sum of Seven pounds seventeen Shillings & sixpence hard Money and he as in duty bound will ever pray &c. Ephraim Hunter.
Philad. 22. Novem. 1782. Endorsement: 1782 November 22nd Petition of Ephraim Hunter of Cumbd. County.
Note 31. Text page 116. A story without foundation.
It is just as well to here correct a statement, which, if it is allowed to go unchallenged, may crystallize into a fact. and that is the state- ment that one of the wrought iron cannon which were made by either John Bourns or William Denning, who were both engaged in making crude implements of warfare of this nature during the revolutionary period, was accorded the honor of being captured by the British and taken to England as a trophy. A very pleasing tradition, but one wholly without foundation, is the story that one of these home- made cannon was captured at the battle of Brandywine and taken to England, and there placed among the British trophies in the tower of London. The writer hereof, while visiting the tower of London some years ago, made most diligent inquiry into this subject, and was then assured by those in authority that no such trophy as that had ever had a place among the collection of implements of war ac- quired by England, by capture or by gift, and which are preserved there. Another inquirer (Rev. J. A. Murray) some years ago re- ceived documentary evidence to the same effect.
CHAPTER VI.
CHAPTER VI.
PHYSICAL BEAUTIES.
The mountain known as the North Mountain which bounds Frank- lin County on the west and northwest, has generally a higher eleva- tion and a much more rugged character, than the South Mountain. The most striking features of mountain scenery on the western boundary of the county are Parnell's Knob and Jordon's Knob. To the southwest, the knobs of Claylick and Two-top mountains, attract attention. The elevation of the South Mountain ranges from six hundred to nine hundred feet above the lowest point of the valley, whilst the North Mountain, at points, reaches an altitude of about fifteen hundred feet above the valley, which itself lies at a consider- able elevation above the sea.
The highest point in Pennsylvania is said to be Big Bald Knob which stands on the border line between Bedford and Somerset Counties. Late surveys make this Knob to stand about three thou- sand feet above the level of the sea.
Note 32. Text page 119.
The Valley moun- tains.
Highest point in Pennsylvania.
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EXPLANATORY NOTES TO CHAPTERS.
There were many and beautiful specimens of trees in the Pennsyl- NOTES. vania forests during the times of early settlement. Some localities of the Cumberland Valley, particularly near the mountains, and along the larger streams, were remarkable for the different varieties and ex- tensive growth of their trees. There were to be found Oaks of many kinds: the black and white Walnut; the Hickory; the Shellbark; the Maple; the Poplar or Tulip tree; the sweet Birch; the Ash; the Mulberry; the white and red (slippery) Elm; the Linden; the Larch; the pitch Pine: the Spruce: the Hemlock; the Cypress and the white Cedar. Of smaller growths were to found: the wild Plum; the wild Cherry; the Persimmon; the Chinkapin and the Sassafras. The un- dergrowth was rich and luxuriant. Chiefly noticeable were the Laurels interwined with the wild Grape; the Rhododendron and the stately Ferns.
Pennsylvania has awakened almost too 1. te to a realization of the fact that through the workings of the same agencies which have de- stroyed her records and her relics, to wit the carelessness, or with more propriety let it be called the crime, of her utilitarian people, she has been also despoiled of the wealth of her forests. Yet may God speed the work of Prof. J. T. Rothrock and his "State Forestry Re- servation Commission." It is in vain now to regret that the spirit which moved a poetic son of Pennsylvania, "to speak in numbers." should not also have prompted the State of Pennsylvania, long ago to embody in legislative enactment that poet's injunction :
"Woodman spare that tree, Touch not a single bough; In youth it sheltered me; And I'll protect it now."
The course and character of the streams of the Cumberland Valley are interesting subjects of study. The mountain streams, generally, flow either northeast or southwest, along the mountain valleys or directly at right angles to that course, through the mountain chains. The summit of elevation, forming the water-shed for the Valley, al- most conforms with the northeast boundary of Franklin county, sending the waters of this county,-with the exception of the Conodoguinet creek. which rises in the northwest part of the county -to the Potomac. and the waters of Cumberland county to the Susquehanna.
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