of.

the county of Dauphin ; and they shall be under and subject to the same legal penalties and provisions, and exercise all the powers, and do and perform all duties, that, by the usages and laws of this commonwealth, are enjoined upon such officers. All vacancies that may, from any cause, occur in the said office Vacancies, how of constable, shall be filled by the court of quarter sessions of filled. the said county of Dauphin: Provided, That the constables now Proviso. elected for the borough of Harrisburg shall hold and enjoy their said offices, and perform all the duties respectively belonging to the said office, until their successors shall be elected and duly qualified under the provisions of this act.

SECTION 24. That the qualified voters of the city of Harris- Assessors, elecburg shall, on the second Friday in April, in the year one

tion and duties

thousand eight hundred and sixty, and on the third Friday in March, in each and every year thereafter, elect one person for assessor in each ward in said city, who shall have and possess the qualifications of a member of the Senate; which several assessors, after their election, being duly qualified, shall do and perform, within their respective wards, all the duties that by the usages and laws of this commonwealth are now enjoined upon assessors and assistant assessors.

After said election the county commissioners shall make out their precepts, and forward the County commissame to the several assessors, as in other cases; that after the sioners, daty of. several assessors shall have taken an estimate of the real and personal estate of the inhabitants of the said city, they shall Assessors to meet

and equalize meet together and equalize their valuation, according to the

taxation. best of their judgment, and after said valuation is finally set. tled, the city council shall levy and assess their city tax, according to or upon the valuation made by the city assessors, for county rates and levies; the assessors elected by the city, under this charter, shall be governed and regulated by the act of of assembly of one thousand eight hundred and thirty-five, regulating township officers; there shall be no assistant assessors elected in the said city; so much of the aforesaid act as authorizes the election of assistant assessors is hereby repealed, so Repeal. far as the same may apply to the city of Harrisburg; that the assessors, in making such assessment of property in the city of Harrisburg, shall assess all the property which is now by law subject to taxation for borough purposes, in the said borough of Harrisburg, and shall also assess for taxation, for city purposes, the real estate of all incorporated companies within the limits of the said city, except the real estate of the Pennsylvania rail. Certain real es

exempt from road company, the Harrisburg and Lancaster railroad company, taxation for city the Cumberland valley railroad company, the Reading railroad purposes. company, and the several cemeteries, together with the buildings thereon erected.

Section 25. That the council, in meeting assembled, shall Council to elect have power, at their first meeting after they shall have been certain oficers. elected and qualified, and yearly thereafter, to elect, viva voce, as many suitable persons as they shall deem necessary, to be collectors of taxes for the said city, who shall collect the taxes for the year for which they shall be appointed, and shall give such security for the faithful discharge of their duty, as the said council shall direct; and also one solicitor of the said corporation, if deemed necessary; one or more regulators of the

a

streets, one or more street commissioners, one or more city pó-
lice constables, a clerk of the market, and such other officers
as they shall deem necessary for the proper execution of the
by-laws and ordinances, and the carrying of the police regula-
tions of the said city into effect, and shall have power, by by-
laws or ordinances, to fix the compensation of all the said off-
cers, and to prescribe their duties, and by resolution of the said
council, at their will and pleasure, to dismiss and remove all or

any of them, except the tax collectors.
Election for ma- Section 26. That the election for municipal officers, by the
Dicipal officers, qualified voters of the said city, shall be held at the same time
relative

and places as is hereinafter provided for the holding of the gen-
eral, special and municipal elections; the notice of every mu-
nicipal election shall be given by the mayor, or by the president
of the town council, or by the chief police constable of the said
city, designating the officers to be elected, and the time and
place of holding said election, the notice to be by advertisement
in two newspapers published weekly in the said city, for not
less than fifteen days prior to said election; the expenses of
said advertising to be paid by the city; and the judges of
election of the several wards, and the return judges, shall,
respectively, make out certified returns of the votes given for
such municipal officers, and shall deliver and deposit such re-
turns in the same manner as is directed by law with respect to
the votes given thereat for other officers, or as provided by
this act. In case of the neglect or refusal to act, or of the
death or absence from the county of the said mayor or chief

police constable, the president of the city council shall give Proviso. notice of the said election, as aforesaid : Provided, That the

said president of the city council shall not be required to give
more than ten days' notice of the time and place of holding

such election as aforesaid.
Power to borrow Section 27. That the said council assembled shall have power
money, relative

to borrow, for the use of the said city, any sum or sums of
money which they shall deem necessary, and to issue certificates
of loan for the amount so borrowed, to the person respectively
lending the same; and the said certificates, signed by the mayor
of the said city, and attested by the president of council, under

the common seal of the said city, shall be binding and obligaProviso. tory on the said corporation: Provided, That the sums of money

so borrowed shall not in the whole exceed, at any one time, the
sum of two hundred thousand dollars, for the re-payment of
which the faith of the said city shall be pledged; and the faith
of the borough of Harrisburg, and of the said city, shall con-
tinue pledged for the redemption and payment of the existing
debt of the borough of Harrisburg; and the said council, in
council assembled, shall have power to lay and collect taxes,
within the limits of the said city, for the purpose of carrying
into effect the by-laws, rules and ordinances of the said city,
and for the re-payment of all loans, with the interest thereon,
heretofore made for the use of the borough of Harrisburg, for
the re-payment of which the faith of the said borough is now
pledged, and for the re-payment of all loans, with the interest
thereon, hereafter to be made for the use of the said city, for the
re-payment of which the faith of the said city shall hereafter

to.

be pledged: Provided, That the debt of the said city shall at no Proviso.
time exceed the sum of two hundred thousand dollars. And
that the assessment of such taxes upon real and personal pro.
perty within the limits of the said city, shall be made upon the
valuation of property taken for the purposes of county rates and
levies, and upon all other real and personal estate mentioned
and referred to, or intended so to be, in the twenty-fourth sec-
tion of this act: Provided also, That the taxes levied in any one Proviso.
year shall not exceed six mills on the dollar (the present rate of
taxation of the borough of Harrisburg) upon such valuation ;
and the collectors of taxes appointed by the said councils, as
herein before provided, shall, on the delivery of the duplicates
to them respectively, proceed to collect the amount of such du-
plicates from the persons therein respectively charged, and pay
over the same when collected, without delay, to the city trea.
surer, taking his receipt therefor; and if any person shall ne-
glect or refuse to make payment of the amount due by him for
such tax, within sixty days from the time of demand made, the
collector holding the duplicate wherein such tax shall be charged
may proceed to levy such amount by distress and sale of the
goods and chattels of such delinquents, giving ten days' public
notice of such sale by written or printed advertisements; and
in case goods and chattels sufficient to satisfy the same, with the
costs, cannot be found, such collector shall be exonerated from
said tax: Provided further, That such collector shall have faith- Proviso.
fully discharged his duty in endeavoring to collect said tax, and
shall have made timely, diligent and honest efforts to collect the
same.

SECTION 28. That the mayor and aldermen, or any of them, Mayor or aldershall and may take and receive the acknowledgment and pro- knowledgments bate of all deeds, conveyances, mortgages or other instruments of deods, &c. of writing, touching or concerning any lands, tenements or hereditaments, situate, lying and being in any part of this state or elsewhere; and also shall and may take and receive the separate examination of any feme covert, touching or concerning her right of dower, or the conveyance of her estate, or right in or to any such lands, tenements and hereditaments; and also shall and may take and receive the acknowledgment and probate of any instrument of writing, to the recording of which probate or acknowledgment is rendered necessary by the recording acts of this state, as fully, to all intents and purposes whatsoever, as any judge of the supreme court, or president or associate judge of any of the courts of common pleas within this commonwealth, can or may take and receive the same; and they, the said mayor and aldermen, or any of them, so taking and receiving such acknowledgment and probates, or examinations as aforesaid, shall and may receive such legıl fees therefor as may be provided by the laws of this commonwealth.

Section 29. That it shall be lawful for any constable or con- Powers and dustables of the said city, to whom any warrant, under the hand ties of constables and seal of the said mayor or aldermen, or any of them, shall be delivered, commanding him or them to take any person or persons who shall have been charged with having committed any offence within the said city, and to bring him, her or them before the said mayor or alder.nen, or any of them; and he or

they are hereby enjoined and required to execute the same by
making the arrest, if the same can be done at any place within
the county of Dauphin, or in any of the cities or counties of
this commonwealth, under the provisions of the act of assembly
of said commonwealth, passed the sixteenth day of April, one
thousand eight hundred and twenty-seven, entitled “An Act
concerning the backing of warrants by justices of the peace,”.
and also by bringing such offender or offenders before the said

mayor or aldermen, or some of them.
Power of mayor Section 30. That it shall and may be lawful for the said mayor
and aldermen in and alderman, or any of them, before whom any complaint, inat-

ter or thing of a criminal or civil nature, within his or their
jurisdiction, shall be made or depending, to issue their subpæna,
in common form, to any person or persons within this common-
wealth, commanding him or them to appear and give evidence
therein; and every person to whom the same shall be directed,
and on whom service thereof shall be duly made, shall attend
accordingly, and give evidence, under such pains and penalties
as are by law incurred by any person or persons refusing to
attend and give evidence before any aldermen, justice of the
pcace or courts of this commonwealth, when duly subpænaed

for that purpose.
Duty of keeper Section 31. That the keeper of the Dauphin county prison is
of the Dauphin hereby enjoined and required to receive and keep in safe cus-
county prison.

tody, in the prison of said county, at the expense of the said
county, until legally discharged therefrom, any person or per-
sons who may be committed by virtue of lawful process, issued
by the mayor or any alderman or aldermen of the said city, in
the manner and under the same penalties as if he, she or they
had been committed by the court of quarter sessions of Dauphin
county, or any judge thereof; and all neglect of duty or wilful
misbehaviour in said keeper of said prison toward such prisoners,
or any of them, shall be and the same is hereby made cogniza.
ble and punishable as a like neglect of duty or a like wilful mis
behaviour in said keeper of said prison towards prisoners com-
mitted by any justice of the peace, or by the said court of quarter
sessions, or any judge thereof, of the said county, is or would

be cognizable and punishable.
Election of city Section 32. That the inhabitants of said city qualified to vote

for mayor, may, at the times and places, and in the same man-
ner they elect the mayor of the said city, elect a city treasurer,
to serve for two years from the fourth Friday in April, one thou-
sand eight hundred and sixty, and from the fourth Friday in
March in each and every succeeding second year thereafter, and
until another person be duly elected and qualified to serve in his
stead; and the said treasurer shall give security, by bond, with
two or more sufficient sureties, for the faithful discharge of the
duties of his office, for the payment over of all moneys remain-
ing in his hands, in his official capacity, at the expiration of his
term of office, and the delivery of all books and papers in his
hands belonging to the said office to his successor in office; and
the said bond shall be taken in the name of the city of Harris
burg, and shall be docketed and filed of record in the office of
the prothonotary of the court of common pleas of the said
county of Dauphin, and when so entered, shall be a lien against

the real estate of said treasurer and his sureties; and may also, Auditors.
at the same time and place, and in the same manner, elect three
reputable persons as auditors, for two years, to audit the ac-
counts of the treasurer of the said city.

Section 33. That Charles F. Muench, William Colder, junior, Commissioners, A. Boyd Hamilton, Henry Peffer, John H. Briggs, George W. duty of. Harris and Rudolph F. Kelker, of Harrisburg, and David Herr, of Susquehanna township, are hereby appointed commissioners, to do and perform the duties herein specified ; and in case of the death, removal or refusal of either of them to serve, such vacancy shall be filled by the council of said city; said commissioners are hereby authorized, and by and with the consent of the said mayor and council, to select and employ competent engineers, surveyors or draughtsmen, who, under the direction of the said commissioners, shall execute a survey and plan of all lands embraced within the limits of said city, designating thereon the avenues, streets, lanes and alleys now existing and opened, also such tracts, pieces or parcels of land through which no avenues, streets, lanes and alleys have been located. When said draft is completed, it shall be the further duty of said com- Further duties. missioners, or a majority of them, to complete said plan, by designating where new avenues, streets, lanes and alleys shall hereafter be opened. The said avenues, streets, lanes and alleys shall be laid out by the said commissioners, in such manner as to con. form, as nearly as possible, in their courses and distances, with the courses and distances of the present existing avenues, streets, lanes and alleys of the borough of Harrisburg, and the villages of West Harrisburg, Paxton, Fairhill, and those laid out by the Harrisburg building association, and to make a plot or draft thereof, showing the courses, distances and width of the avenues, streets, lanes and alleys so a's aforesaid laid out by the said commissioners, and make report of the same, together with a plot or draft thereof, signed by the said commissioners, or a majority of them, to the court of quarter sessions of the county of Dauphin, and the same being approved of by the said court, the same shall be recorded in the recorder's office at Harrisburg; and the said avenues, streets, lanes and alleys so laid out by the said commissioners, shall, when thus approved of by the said court, be deemed, taken and allowed to be public streets, lanes or alleys of the said city of Harrisburg, and to be hereafter opened, as is hereinafter directed by the provisions of this act; the said commissioners, or a majority of them, may Reservoirs or badesignate, within the limits of the said city, a plot, piece or sing, relative to. parcel of ground, containing not less than twenty acres, to be for the use of the public and of the said city, upon which plot, piece or parcel of ground, reservoirs or basins for holding water, or other necessary buildings and works, for the use of the said aty and its inhabitants, may be hereafter erected; said plot, piece or parcel of ground to be appropriated, taken and occupied, and the damages to be ascertained and adjusted, as in this act provided for the opening of avenues, streets, lanes and alleys within the said city: Provided, That the damages for the said Proviso plot, piece or parcel of ground shall be paid by the city of Harrisburg,