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1833.

THIRD REPORT ON THE REVISED CODE.

149

CONTENTS.

shall be served and executed by the sheriff or coroner Section 61. The auditors of each county, shall be alof the respective county, as the case may require. lowed, out of the county stock, the sum of one dollar

Section 52. The auditors of each county shall have and fifty cents, each, for each day's necessary attenpower to administer oaths and affirmations, to all per- dance upon the duties of their office. sons brought or appearing before them, whether ac. Section 62. The amount payable to auditors, for their countants, witnesses or otherwise; and all persons guil. services, and incidental expenses, and the costs at the ty of swearing or affirming falsely on such examination, attendance of witnesses before them, shall be paid out shall be liable to the pains and penalties of perjury. of the county stock, by an order drawn upon the coun

Section 53. If any person, appearing before such ty treasurer, by the judges of the court of Common auditors for examination, shall refuse to take such Oath Pleas of the same county. or affirmation,or,after having been sworn or affirmed,shall refuse to make answer to such questions as shall be put

4. Sheriff and Coroner. to him by the auditors, touching the public accounts, or the official conduct of such public officers, or any of them, such person so refusing, may be committed by Sect. 64. Amount thereof in the several counties.

Sect. 63. Sheriff to give recognizance and bond. the auditors to the county jail, by warrant under their hands and seals, directel to the sheriff or any constable

Sect. 65. Form of recognizance.

Sect. 66. Do. of the bond. of the county, setting forth, particularly, the cause of such commitment, until he shall submit to be sworn or

Sect. 67. Coroner to give the like security. affirmed, or to make answers to such questions, or to

Sect, 68. Condition of his recognizance and bond. be otherwise legally discharged.

Sect. 69. Recorder of deeds to take the recogSection 54. Witnesses attending before auditors shall

nizance, &c. receive out of the county stock, the same allowance as

Sect. 70. Sureties to be approved by judges of the

Common Pleas. is received by witnesses attending before the courts of this state; and where final judgment shall be given

Sect. 71. No judge, prothonotary, &c. to be a sureagainst any officer, whose accounts shall have been set.

ty. tled by the auditors, the charges of the attendance of

Sect. 72. Official copies of the bond, &c. to be evisuch witnesses shall be included in the costs assessed

dence. against such officer.

Sect. 73. Sheriff, &c. to cause his commission to be

recorded. Section 55. If any person, in possession of books, vouchers and papers, relative to public accounts be.

Sect. 74. Sheriff, &c. not to execute the office until fore auditors, shall refuse to produce the same; or, if

commissioned. any officer, whose accounts are to be settled and ad

Sect. 75. Lien of the recognizance, and the duty of justed by such auditors, shall refuse to attend, or sub

recorder of deeds. mit to examination, as herein before directed, the au

Sect. 76. Coroner to execute the office of sheriff, in ditors shall proceed by the examination of witnesses

case of vacancy. and other evidence, to ascertain and settle, as near as

Sect. 77. In case of appointment of such vacancy, may be, the amount of public money received by such security to be given. officer, and its application to public purposes, or other

Sect. 78. Sheriff to render accounts to Auditor Ge

neral. wise. Section 56. The report of the auditors shall be filed

Sect. 79. Sheriff to keep books, and deposit them among the records of the court of Common Pleas of in the Common Pleas. the respective county, and from the time of being so

Sect. 80. Sheriff to give bail of particulars, and refiled, shall have the effect of a judgment against the

ceipt. real estate of the officer, who shall thereby appear to

Sect. 81. Sheriff to put up section 80 in his office. be indebted, either to the commonwealth or to the Section 63. Every sheriff, before he shall be com. county.

missioned, or execute any of the duties of his office, Section 57. An appeal may be made from such re- shall enter into a recognizance, and become bound in a port, to the court of Common Pleas of the same county, bond, with at least two sufficient sureties, in the sums either by the commonwealth, the county, or the officer; and manner hereinafter mentioned. and, thereupon, the court may direct an issue, as the Section 64. The recognizances and bonds of the secase may require, to be tried by a jury, upon whose veral sheriffs of this commonwealth, shall be taken in verdict final judgment shall be entered.

the following sums, respectively, to wit: Section 58. Provided, That such an appeal shall be City and county of Philadelphia, sixty thousand dolentered by the commonwealth, within four months, and lars. by the county and officer, within sixty days, after the County of Bucks, fifteen thousand dollars. filing of the report; And, provided also, that if the offi County of Chester, twenty thousand dollars. cer be the appellant, he shall enter into a recognizance County of Lancaster, twenty five thousand dollars, with two sufficient sureties, in double the sum found County of York, fifteen thousand dollars, due by such report, with condition to prosecute the ap. County of Berks, twenty thousand dollars. peal with effect, and to pay the costs, and such sum of County of Cumberland, fifteen thousand dollars. money, as he shall appear by the verdict of the jury to County of Northampton, fifteen thousand dollars. be indebted.

County of Bedford, eight thousand dollars. Section 59. If an appeal shall not be entered, and secu. County of Northumberland, fifteen thousand dollars. rity given as is herein before required; or, if upon such County of Westmoreland, ten thousand dollars. appeal, judgment shall be given in favor of the com County of Washington, fifteen thousand dollars. monwealth, or of the county, execution shall thereupon County of Fayette, ten thousand dollars. issue, against the property or person of the defaulting County of Franklin, ten thousand dollars. officer, in like manner as upon judgments recovered in County of Montgomery, fifteen thousand dollars. the usual course of law.

County of Dauphin, fifteen thousand dollars. Section 60. It shall be the duty of the auditors of County of Luzerne, seven thousand dollars. each county, within ten days, after preparing the same, County of Huntingdon, fifteen thousand dollars. to transmit to the Auditor General, a certified copy of County of Allegheny, ten thousand dollars. their report, upon the accounts of the commission County of Mifflin, fifteen thousand dollars. ers, treasurer, and sheriff, and coroner, of the respec. County of Delaware, eight thousand dollars. tive county, with the state treasury, and of such other County of Lycoming, five thousand dollars. officers, as may be referred to them as aforesaid.

County of Somerset, five thousand dollars.

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County of Greene, five thousand dollars.

factors, agents or assigns,all and every sum and sums of County of Wayne, six thousand dollars.

money to them respectively belonging, which shall come County of Adams, eight thousand dollars.

to his hands, and shall and do, from time to time, and County of Centre, five thousand dollars.

at all times, during his continuance in the said office, County of Crawford, five thousand dollars.

well and faithfully execute and perform all and every County of Beaver, five thousand dollars.

of the trusts and duties to the said office appertaining, County of Butler, five thousand dollars.

then this obligation to be void, or else to be and remain County of Mercer, five thousand dollars.

in full force and virtue," County of Erie, five thousand dollars.

Section 67. The coroner of each county, before he County of Warren, five thousand dollars.

shall be commissioned, or execute any of the duties of County of Venango, five thousand dollars.

bis office, shall enter into a recognizance, and become Couniy of Armstrong, five thousand dollars.

bound in a bond, with at least two sufficient sureties, in County of Indiana, five thousand dollars.

one fourth of the sum, which shall be by law required County of Jefferson, five thousand dollars.

from the sheriff of the same county. County of M'Kean, five thousand dollars.

Section 68. The condition of the recognizance and County of Clearfield, five thousand dollars.

bond to be given by the coroner shall be, that such corCounty of Potter, (when organized,) five thousand oner will “ well and duly perform all and singular, the dollars.

duties to the said office of coroner appertaining;" and County of Tioga, five thousand dollars.

such recognizance and bond shall be a security to the County of Cambria, five thousand dollars.

commonwealth, and to all persons whomsoever, for County of Bradford, five thousand dollars.

the faithful discharge and due performance of all the County of Susquehanna, five thousand dollars.

duties required by law from such coroner. County of Schuylkill, twenty thousand dollars.

Section 69. Every such recognizance entered into County of Lehigh, fifteen thousand dollars.

by a sheriff and coroner, shall be taken by the recorder County of Lebanon, fifteen thousand dollars.

of deeds of the proper county, and recorded in his of County of Columbia, fifteen thousand dollars, fice; and, when so recorded, shall be by him transmitted County of Union, fifteen thousand dollars.

to the Secretary of the Commonwealth, with a certifiCounty of Pike, six thousand dollars.

cate endorsed by such recorder, of its having been du. County of Perry, fifteen thousand dollars.

ly recorded. County of Juniata, fifteen thousand dollars,

Section 70. Before any such bond of recognizance And the recognizance and bond of the sheriff of each shall be taken by the recorder of deeds, the sufficiency county, which shall hereafter be erected and organized, of the sureties therein named, shall be submitted to, and shall be taken in the sum of five thousand dollars, and approved of, by the judges of the court of Common for every representative of such new county, in the Ge. Pleas of the proper county, or by any two of them, for neral Assembly, more than one, in the additional sum that purpose convened, who shall certify their approof four thousand dollars.

bation of such streties to the recorder; and no commisSection 65. The form of the recognizance to be taken sion shall afterwards be granted, until the Governor from the sheriff of each county, and his sureties, shall shall have also approved of the sufficiency of such sure. be as follows, to wit: “You (A. B., C. D. and E. F.) ties. do acknowledge that you owe unto the commonwealth Section 71. Provided, That no judge, clerk or proof Pennsylvania, the sum of

to be levied thonotary of any court, or attorney at law, shall be per: and made of your several goods and chattels, lands and mitted to become a surety in such bond or recogni. tenements, upon condition, that if you (A, B.) shall and nance; and that no person shall be received as surety do, without delay and according to law, well and truly for a sheriff, and for a coroner, at the same time. serve and execute all writs and process of the commonwealth of Pennsylvania, to you directed, and shall

Section 72. Copies of the record of any such bond or and do, from time to time, upon request to you for

that and duly

certified by the recorder of deeds for the time

recognizance acknowledged and recorded as aforesaid, to the several suitors and parties interested in the ex? being, shall be good evidence, in any action brought ecution of such writs and process, their lawful attornies, against the obligoss or cognizors, according to its form factors, agents, or assigns, all and every sum and sums of and effect, in the same manner as the original would be, money to them respectively belonging, which shall

if produced and offered in evidence. come to your hands, and shall and do from time to time, Section 73. It shall be the duty of every sheriff, and and at all times, during your continuance in the office of every coroner, immmediately after receiving his com. of the sheriff of the county of well and faithful mission from the Governor, to deliver the same to the ly execute and perform all and singular, the trusts and recorder of deeds of the county, by whom the same duties to the said office lawfully appertaining, then this shall be recorded at the expense of such sheriff or cororecognizance to be void, or else to be and remain in full ner. force and virtue,"

Section 74. No person elected or appointed to the Section 66. The form of the bond to be given by the office of sheriff or coroner, shall presume to execute sheriff, and his sureties, shall be as follows, to wit: any of the duties of such office, before a commission “Know all men by these presents, that we (a. B., c. shall have been duly granted to bim and left to record D. and E. F.) are held and firmly bound unto the com as herein before provided, under penalty of imprison. monwealth of Pennsylvania, in the sum of dol- ment for a term not exceeding six months, at the dislars, to be paid to the said commonwealth for the uses, cretion of the court of Quarter Sessions of the county; intents and purposes declared and appointed by law; Provided, that such person and his sureties in any bond to which payment, well and truly to be made, we bind or recognizance, given by him for the due discharge of ourselves and heirs, executors and administrators, joint. the duties of the office, shall, nevertheless, be liable to ly and severally, firmly by these presents. Sealed with any person injured, by any acts done by him under coour seals, dated the

day of A. D. The con- lor of such office. dition of the above obligation is such, that if the said A. Section 75. All the real estate. within the same coun. B. shall and do, without delay, according to law, well ty, of a sheriff and coroner, and their respective sureand truly serve and execute all writs and process of the ties, shall be bound by a recognizance, taken in manner said commonwealth to him directed, and shall and do, aforesaid, as effectually as by a judgment to the same from time to time, upon the request to him for that pur- amount in any court of record of such county; and it pose made, well and truly pay or cause to be paid, to shall be the duty of every recorder of deeds, so soon the several suitors and parties interested in the execu as a sheriff or coroner shall be commissioned, to certion of such writs or process, their lawful attornies, tify the recognizance taken by him to the prothonotary

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1833.)

THIRD REPORT ON THE REVISED CODE.

151

of the court of Common Pleas of the same county, who 2. Two supervisors.
shall enter the names of the parties thereto upon his 3. Two overseers of the poor.
ducket, in like manner as judgments are by law direct 4. A township treasurer.
ed to be entered.

5. A town clerk, who shall serve in their respective of. Section 76. If any sheriff shall be legally removed fices for the term of one year, and until a successor shall from his office, or shall die before the expiration of the be duly elected or appointed. term for which he shall have been commissioned, the 6. A township auditor to serve for the term of three coroner of the same county shall execute the office of years. sheriff, and perform all things thereunto appertaining, 7. Two persons, whose names shall be returned to until another shall be duly commissioned, and a notice the court of Quarter Sessions of the proper county, for thereof given to such coroner.

the office of constable, as is hereinafter provided. Section 77. Whenever a vacancy shall happen in the And in the year 1834, and every third year thereafter office of sheriff or coroner, which is to be filled by a it shall be lawful for the electors of every township to new appointment, in the manner prescribed by the elect two assistant assessors for the term of one year. constitution of this commonwealth, ihe person so to be Section 83. The election for assessors shall be beld appointed, shall enter into a recognizance, and give on the day, and at the place, appointed by law for the bond with sureties, to be approved in manner aforesaid, choice of inspectors of the general election. The elecin such sum as shall be determined by the judges of the tion for all other township officers shall be held at such court of Common Pleas of the same county, or by any place, on the Friday preceding the third Saturday in the two of them, for that purpose convened.

inonth of March, in each year, Şection 78. It shall be the duty of every sheriff, an.

Section 84. If the electors of any township shall fail nually, on the first Monday in November, and oftener if required by the Auditor General, to render to the Au to choose any township officer, other than assessor, asditor General an account, under oath or affirmation, of sistant assessors, or constable, or if any person elected all moneys received by him for the use of the common. if any vacancy shall happen in such office by death or

to such office shall neglect or refuse to serve therein, or wealth, during the preceding year, or since the last preceding settlement, and pay over the same, within otherwise, it shall be lawful for the court of Quarter ten days after rendering such account, to the

State Sessions of the proper county, to appoint a suitable Treasurer, deducting therefrom a commission at the

rate person to fill such office until the next annual election. of two and a half per cent, on the amount so received.

Provided, that in the case of township treasurer or town Section 79. It shall be the duty of every sheriff, and the application, in writing, of at least thirty electors of

clerk, no such appointment shall be made except on of every coroner acting as sheriff, to provide and keep in his office a proper book or books, in which he shall

the township. enter all writs that may come to his hands, and the pro

Section 85. No person shall be eligible to any townceedings thereon; and at the expiration of his term of ship office, unless he be an elector of the township for office, such books shall be deposited in the office of the whiclı he shall be chosen. prothonotary of the court of Common Pleas of the same Section 86. If any person elected or appointed to any county, for the inspection of all persons interested there township, office, excepting that of constable, and duly in.

notified thereof, shall neglect or refuse to serve in such Section 80. It shall be the duty of every sheriff, his office, he shall forfeit the sum of forty dollars. Provid. deputy or agent, and of every coroner acting as sheriff, ed, that no person shall be required to serve in any ofwhether a demand for that purpose shall be made or not, fice oftener than once in ten years

. immediately after receiving any of his fees, or any writ

Section 87. Every person elected or appointed to ten security therefor, to deliver a bill of particulars, any. township office, shall, before entering upon the specifying the several items contained therein, and the duties of his office, take and subscribe an oath or affir. amount thereof, and to give the party paying such fees mation, before some person having authority to admina receipt in full therefor, or indorse on such written ister Oaths, to support the constitution of the United security, when taken, that the same was given States, and that of this commonwealth, and to perform for fees, and to sign the indorsement so to be made; the duties of his office with fidelity; a copy of which oath and if any sheriff, his deputy or agent, or coroner acting or affirmation, certified by the person by whom the as aforesaid, shall refuse or neglect to give such bill of the same shall be administered, shall

, within ten days particulars or receipt, or to make such indorsement, he thereafter, be filed with the town clerk, if there be one, shall forfeit and pay any sum not exceeding fifty dol- in such township. lars, to the party injured, who is hereby declared to be a competent witness to prove such refusal or neglect.

1. Assessors. Section 81. It shall be the duty of every sheriff to place and keep up in some conspicuous part of his of. Sect. 88. Proceedings in case of failure to elect. fice the eightieth section of this act, for the inspection Sect. 89. Assessor to produce copy of oath, &c. of all persons having business in such office, on pain of Sect. 90. Assessor to keep an account of the days emforfeiting for each day that the same shall be missing, ployed. through his neglect, the sum of ten dollars, one-half of which penalty shall be for the use of the informer, and Section 88. If the electors of any township shall fail the other half for the use of the proper county.

to choose an assessor or assistant assessor, at the time

appointed by law, or if any person elected to such ofIII. OF TOWNSHIP OFFICERS.

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 Sect. 82. Election of township officers in general.

fill the office, who shall have the same powers, be subSect. 83. Time and place of such election. Sect. 84. Proceedings in case of failure to elect, &c. ject to the same penalties, and receive the same com. Sect. 85. None but an elector to be eligible.

pensation, as if he had been elected in manner afore.

said. Sect. 86. Penalty for refusing to serve in such office.

Section 89. It shall be the duty of each assessor and Sect. 87. Oath or affirmation of township officers,

assistant assessor, to produce to the commissioners of Section 82. It shall be lawful for the electors of every the county, within twenty days after his election or ap. township, annually, to elect the following township of pointment, a copy of the oath or affirmation, taken and ficers, to wit:

subscribed by him as is herein before directed, and at. 1, An assessor.

tested by the person by whom the same was administer.

CONTENTS.

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ed which shall be filed by the commissioners in their pay out of the assets in his hands, all such moneys, beoffice.

fore paying any of the debts of the decedent. Section 90. It shall be the duty of each assessor and assistant assessor, to keep an account of the several days

4. Township Treasurer. by him actually employed in the performance of his du. ties, and to make return of the same to the commis

Sect. 97. Township treasurer to give bond with sure. sioners of the county, verified by his oath or affirmation; ties. and for each day so necessarily employed, he shall re Sect. 98. Township treasurer to receive township ceive the sum of one dollar

moneys, &c.

Sect. 99. His compensation. 2. Supervisors.

Sect. 100. Penalty for failing to perform any duty.

Section 97. Each township treasurer shall give bond Sect. 91. Supervisors to keep accounts.

with sureties, to the satisfaction of the supervisors and Sect. 92. Penalty for refusing to settle, &c.

overseers of the same township, conditioned for the Sect. 93, Penalty for refusing to perform any duty.

faithful performance of the duties of his office, for a Sect. 94. Pay of supervisors.

just account of all monies that may come into his hands

by virtue thereuf, for the delivery to his successor in Section 91. It shall be the duty of the supervisors of office of all books, papers, documents, and otber things each township, to keep fair and clear accounts, in a held in right of his office, and for the payment to him book to be provided for the purpose, of all monies re- of any balance of money belonging to the township ceived by them, or either of them; and of all monies by that may remain in his hands. them, or either of them, expended on behalf of the Section 98. It shall be the duty of every township township; and such accounts, verified by oath or affir- treasurer to receive all moneys due or accruing to the mation, shall be exhibited to the township auditors at township, and to keep distinct accounts of all sums rethe annual settlement of the accounts of such super- ceived from the road tax, the poor tax, and other visors.

sources; which accounts shall at all times be open to the Section 92. If any supervisor shall neglect or refuse inspection of the supervisors and overseers of the poor to produce his accounts before the auditor, or shall ne- of the township, and of each of them. He shall pay all glect or refuse forth with to pay over to his successor in moneys received by him, from taxes or otherwise for office, any balance of public money in his hands, or to the use of the poor, on orders drawn by the overseees deliver to such successor, the books of account as afore- of the poor; and all other moneys on orders drawn by said, it shall be lawful for the auditors, by warrant un- the supervisors of the township. And he shall annuder their hands and seals, directed to the sheriff or any ally, in the month of March, state his accounts, and lay constable of the county, setting forth particularly the the same, together with the vouchers, before the towncause of such commitment, to commit such delinquent ship auditors for settlement according to law. to the county jail until he shall comply with the requi. Section 99. Each township treasurer shall receive sitions of the law, or be otherwise legally discharged. in full compensation for his services, a certain amount

Section 93. If any, supervisor shall neglect or refuse per cent. on all moneys received and paid by him; to perform any duty required of him by law, he shall which rate shall be settled, from time to time, by the forfeit and pay a sum not less than four dollars, nor ex. supervisors and overseers of the poor of the township, ceeding fifty dollars, to be recovered in a summary way with the approbation of the township auditors. before any justice of the peace of the county, and ap Section 100. If any township treasurer shall neglect plied towards repairing the highways of the same town or refuse to perform any of the duties of his office, he ship. Provided, that such supervisor may appeal from shall be fined in a sum not exceeding one hundred dolthe judgment of such justice to the next court of Quar- lars, and shall be disqualified from holding the office. ter Sessions, who shall take such order thereon as to them shall appear just and reasonable, and the same

5. Town Clerk. shall be final and conclusive.

Section 94. Each supervisor shall be allowed, in the Sect. 101. Town Clerk to be clerk to supervisors settlement of his accounts, the sum of one dollar for and overseers. each day he shall be necessarily employed in discharg Sect. 102. Town clerk to keep suitable books. ing the duties of his office.

Sect. 103. Where such books shall be deposited.

Section 101. The town clerk in each township shall 3. Overseers of the Poor.

ex-officio, be clerk to the supervisors and overseers of

the poor of the same township; and, as such, shall keep Sect. 95. Overseers to have corporate powers for a record of the proceedings of the said offices, and

shall receive such compensation therefor as they shall certain purposes.

determine, Sect. 96. Overseers removing, &c. to deliver up pa.

Section 102. It shall be the duty of each town clerk,

whenever necessary, to provide a suitable book or Sections 97. The overseers of the poor of every books, for the purpose of entering therein, all matters township shall have capacity as a body corporate. of which he shall by law be required to keep a record, 1. To sue and be sued as such.

the expenses of which books shall be paid by the town2. To take and hold real estate within the limits of ship treasurer out of the township funds. the township, and also personal property, for the bene. Section 103. The book or books so to be provided by fit of the poor of the township, and for no other use or the town clerk, shall be kept at the place appointed purpose.

for holding the township elections, or as near thereto Section 96. If any overseer shall remove out of the as conveniently may be, and shall be open to the inspectownship, he shall previously thereto deliver over to tion of any person who may have occasion to search some other overseer of the same township, all books of therein, and for each search he shall be entitled to a account, documents and other papers, and all moneys fee of ten cents. and effects in his possession in right of his office; and upon the death of any overseer, it shall be the duty of

6. Township Auditors. his executors or administrators, within forty days after his decease, to deliver over all such books, documents, Sect. 104. Auditors to settle accounts of supervisors papers and effects to some overseer as aforesaid, and to and overseers.

CONTENTS.

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pers, &c.

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ST. PETER'S CHURCH.

153

Sec: 105. Their report to be filed with the town on the return, if he be a freeholder, as aforesaid, or of. clerk, &c.

fers to give security, as herein before provided. Sect. 106. Appeal from such report.

Section 111. If the electors of any township shall fail Sect. 107. Powers of the auditors.

to elect two persons for the said office, or if both the Sect. 108. Pay of the auditors.

persons returned should be incompetent with respect to Section 104. The auditors of each township, any refuse to take upon themselves the said office, or in the

estate, or unable to give the requisite security,or should two of whom duly convened, shall be a quorum, shall audit, settle, and adjust the accounts of the supervisors, shall be the duty of the said court to appoint some oth

event of vacancy in the office by death or otherwise, it overseers of the poor, and treasurer of the township, er respectable person, possessing a freehold estate of and such other township officers as may by law be re. the value aforesaid, or who shall give the security referred to them.

Section 105. The report of such township auditors quired, to serve as constable until the next annual elec. shall be filed with the town clerk; if there be one, and tion, and until a successor be duly appointed. if there be no town clerk, it shall remain with the senior and appointed a constable, or who shall be appointed

Section 112. If any person, who shall be duly elected auditor, for the inspection of all persons concerned.

as such by the court, in the cases herein before menSection 106. It shall be lawful for the township, or tioned, and who shall possess a freehold estate of the the officer accounting, to appeal from such settlement value aforesaid, shall refuse or neglect to take upon him. to the court of Common Pleas of the same county, with self the said office, or shall not procure a deputy to unin thirty days after such settlement; whereupon the dertake the duties thereof, he shall be fined by the court court may direct an issue to determine disputed facts, in the sum of forty dollars. if necessary. Provided, that no appeal by such officer

Section 113. Provided, that no person shall be liable shall be received, unless the appellant shall enter into a to the penalty aforesaid, who shall have served personrecognizance with two sufficient sureties, conditioned to ally, or by deputy, in the office of constable of the same prosecute the appeal with effect, and to pay all costs township, within ten years of his said election or apaccruing thereupon. Section 107. The auditors of each township shall have that period, shall have paid the penalty aforesaid.

pointment;or, having been elected or appointed within the same power and authority to obtain the attendance

Section 114. The bond to be given by a constable before them of parties and witnesses, and the produc. shall be in such sum, not less than five hundred dollars, tion of books and papers, and to administer oaths and nor more than three thousand dollars, as the court shall affirmations, as are by law given to county auditors.

direct, and shall be taken by the clerk of the court in Section 108. The auditors of every township shall re. the name of the commonwealth, with condition for the spectively receive the sum of one dollar for each day just and faithful discharge by the said constable of the necessarily employed in the duties of their office, which duties of his office. And such bond shall be held in shall be paid by the township treasurer out of the town. trust for the use and benefit of all persons who may sus. ship funds.

tain injury from him, in his official capacity, by reason

of neglect of duty, and for the like purposes and uses, Constables.

as sheriffs bonds are given and held. CONTESTS.

Section 115. No deputy shall be appointed by any Sect. 109. Person elected to appear at the Quarter constable, either by general or partial deputation, with. Sessions.

out the approbation of the court of Quarter Sessions of Sect. 110. Quarter Sessions to appoint one of the the proper county first had and obtained, except the persons returned.

same be made especially in some civil suit or proceed. Sect. 111, Provision in case of failure to elect, &c. ing, at the request and risk of the plaintiff. Sect. 112. Penalty for refusing to serve.

Section 116. Provided, that in the event of the death, Sect. 113. Provisó for persons who have served with. inability, or refusal to act, of his deputy, the constable

of any township may with the approbation of any one Sect. 114, Bonds of constables.

of the judges of the court of Quarter Sessions of the Sect. 115. Deputy not to be appointed without ap. same county, appoint another deputy, with full authority probation of court.

to act as such until the next regular session of such Sect. 116. Proviso in case of death,&c. during vacation. court; and for the acts of such depuly, the constable

Sect. 117, Provision for the recovery of pecuniary and his sureties shall be liable as in other cases, and in penalties.

every such case the constable shall file a written copy Sect. 118. This act not to repeal special local pro. of such deputation in the office of the clerk of the court visions.

of Quarter Sessions of such county,

Section 117. In every case in which any pecuniary Section 109. It shall be the duty of every person penalty or forfeiture is imposed by this act, the pro. elected to the office of constable, in any township, to ceeding for the recovery of the same shall be hy indict. appear on the first day of the next court of Quarter Ses ment or information in the court of Quarter Sessions of sions of the same county, to accept or decline such of the proper county, unless it be otherwise specially profice; and if any person so elected, and duly notified vided. thereof, shall neglect or refuse so to appear, he shall Section 118. Nothing in this act contained shall be forfeit to the commonwealth the sum of thirty dollars, so construed as to repeal any special provision heretoto be levied by order of the court.

fore made by law for any city, borough, district or Section 110. The court to which a return, as afore- township in this commonwealth. said, shall be maile, shall appoint one of the persons returned to be constable of the township, for the term of

ST. PETER'S CHURCH. one year from the date of his appointment,and until a suc. cessor shall be duly appointed, if it shall appear to the From an Appendix to two Sermons preached by Rev. satisfaction of the court that he possesses a freehold

Dr. De Lancey, in St. Peter's Church, on the 23d and estate in his own right, clear of all encuinbrances, of

30th of June 18:53, which have, at the request of the the value of at least one thousand dollars; or, if he does

vestry, been published. not possess such freehold estate, if he shall give bond "In the records of the long, eventful life of the venerable rector with at least one sufficient surety, to be approved of of this church, few things can be more grateful than the reby the court, in the sum and manner hereinafter direct. flection that sixly years' connexion with this congregation have ed. Provided, that the court shall in all cases give a

not witnessed a single controversy among its members." preference, in such appointment, to the person highest The following brief outline of the history of St. PeVOL. XII.

20

in ten years.

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