with the like appeal, by the party aggrieved, to the Court of Common Pleas of the county of Lancaster. SEC. 7. That the Mayor, Recorder and Aldermen, or any of them, shall and may take and receive the acknowledgment and probate of all deeds and written instruments, and receive the legal fees therefor: which acknowledgments and probates shall be as valid, and, have the like force and effect, as if the same were acknowledged before a Judge of the Supreme Court or any Judge of the Court of Common Pleas, within this Commonwealth. SEC. 8. That it shall and may be lawful for the Select and Common Councils, in common council assembled, from time to time, to permit and license such and so many brokers within the said city, and under such rules and regulations, as they may think proper; and to prohibit all other persons from using and exercising the business of a broker therein, under such pains and penalties as shall from time to time be ordained and established. SEC. 9. That it shall and may be lawful for the Select and Common Councils, when duly assembled, from time to time by any ordinance duly enacted, to vest in the Mayor of the said city for the time being, the appointment of such officers within the said city, as they may think expedient for the well-ordering and governing the same, and to remove the same from such offices or appointments, for mis-behavior or otherwise, as may be necessary; which officers shall take an oath or affirmation, before the said Mayor, Recorder, or Alderman, well and faithfully to perform the duties of the offices or appointments to them respectively committed. And the said Councils may require security to be given by such officers, or any of them, and prescribe the sum and the form in which such security shall be given. And the said officers and their sureties may be sued and recovery had against them in the city court, for breach of official duty, or delinquency in paying over any monies collected by them, under criminal or civil process issued by the Mayor, Recorder, or any Alderman of the said city. And for the recovery of fines, forfeitures, and penalties, debts, and other demands, cognizable in the city court, the ordinary forms of law shall be pursued in the process, judgment, and several kinds of execution, as if the same were made cognizable and recoverable in the courts of the county. And all officers and jurors of the said city shall be competent to hear, try, and determine all matters and things within their jurisdiction; and all citizens to give testimony, notwithstanding any fine or penalty be made payable for the use of the said city. SEC. 10. That no Alderman of the said city, nor any person holding an office of trust or profit under the laws of this Commonwealth, or the ordi 7. Ibid., Sec. 22. 9. Ibid., Sec. 24. 10. Ibid., Sec. 25. nances of the Select and Common Councils, the emolument whereof is paid out of the Treasury of the said city, shall be competent to serve as a member of the Select or Common Councils. SEC. 11. That all the property and estate whatsoever, real and personal, of the borough of Lancaster, are hereby severally and respectively vested in the corporation or body politic of the city of Lancaster and their successors, in and by this act established by the name, style and title aforesaid, to and for the use and benefit of the said citizens and their successors forever. And, until the corporation of the said city shall be duly organized under this act, the present charter of the borough of Lancaster shall continue in full force and operation, and all officers under the same shall be appointed and hold their offices as they now may or can do by law; and as soon as this act shall go into operation, all suits, prose'cutions, debts, and claims whatever shall, by force thereof, become transferred to the said city, and be under the management and control thereof, as fully and completely as if no alteration had been made in the said charter. SEC. 12. That the said Select and Common Councils shall, once in every year, cause to be published a just and true account of all monies which shall have accrued to them, in their corporate capacity, during the year ́preceding such publication; and also, of the disposition thereof. SEC. 13. That as often as any doubts shall arise, touching this act, the same shall, in all Courts of law and equity and elsewhere, be construed and taken most favorably for the said corporation. Provided, That this act, and the powers and authorities herein vested in the said city, shall not be impaired, affected, defeated, or destroyed, by any neglect or -omission to appoint all or any of its officers at the times allotted for the same. And, in case of any such defect or omission, the Recorder and Aldermen of the said city, or a majority of them, shall forthwith take all necessary measures to cure and supply such defects and omissions; giving due notice thereof in the public newspapers of the said city. SEC. 14. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same; That the inhabitants of the municipal corporation of the city of Lancaster, in the county of Lancaster, for all the purposes for which cities are by law incorporated in this Commonwealth, with the boundaries as at present established, excepting as hereinafter provided, shall continue to be one body politic, in fact and in name under the style and denomination of the city of Lancaster; and as such, shall have, and exercise, and enjoy all the rights, immunities. powers and privileges, and shall be subject to all the duties and obliga 11. Ibid., Sec. 26. 13. Ibid., Sec. 28. 14. Act of April 5, 1867, Sec. 1. tions now incumbent upon and appertaining to said city as a municipal corporation. SEC. 15. The city of Lancaster shall be divided into nine wards, in the manner following, to wit: So much of the said city as shall be included within the line beginning in the middle of Penn or Centre Square; thence, running north through the middle of North Queen street to Walnut street; thence, on a line west through the middle of Walnut street to Mulberry street; thence, south through the middle of Mulberry street to West King street; thence, on a line east through the middle of West King street to the middle of Penn or Centre Square the place of beginning, shall be one ward and shall be called the First Ward. And so much of the said city as shall be included within the line beginning in the middle of Penn or Centre Square; thence, running north through the middle of North Queen street, to the intersection of said Queen and Chestnut streets; thence, on a line through the middle of Chestnut street east to the city boundary; thence, along said boundary south to East King street; thence, through the middle of said street west to the place of beginning, shall be one ward and shall be called the Second Ward. And so much of said city as shall be included within the line beginning in the middle of Penn or Centre Square; thence, running east through the middle of East King street to the intersection of King and Middle streets; thence, through the middle of said last mentioned street southwest to the intersection of Middle and South Queen streets; thence, through the middle of Queen street north to the place of beginning, shall be one ward and called the Third Ward. And so much of said city as shall be included within the line beginning in the middle of Penn or Centre Square; thence, through the middle of West King street west to the intersection of King and Mulberry streets; thence, through the middle of Mulberry street south to Strawberry street; thence, through the middle of Strawberry street south-east to intersection of Strawberry and Water streets; thence, on a line south-westerly to a point at the intersection of roads at City Gas Works; thence, along Hoffman's Run south to the city boundary; thence, east to South Queen street; thence, through the middle of Queen street north to the place of beginning shall be one ward and shall be called the Fourth Ward. And so much of the said city as shall be included within the line beginning at the intersection of West King and Mulberry streets; thence, running through the middle of Mulberry street, to the centre of Walnut street; thence, on a line west through the middle of Walnut street to the boundary line of the city limits; thence, south by the boundary line of the city limits to the Columbia Turnpike Road; thence, east through the middle of the Columbia Turnpike Road and West King street to Mulberry street, the 15. Ibid., Sec. 2. place of beginning, shall be one ward and shall be called the Fifth Ward. And so much of said city as shall be included within the line beginning at the intersection of North Queen and Chestnut streets; thence, running north through the middle of Queen street to the city boundary; thence, along said boundary east to the north-east corner; thence, along said boundary south to the boundary line of Second Ward; thence, along said last mentioned line, west to the place of beginning, shall be one ward and shall be called the Sixth Ward. And so much of said city as shall be included within the line beginning at the intersection of East King and Middle streets; thence, running east through the middle of East King street to the city boundary; thence, along said boundary south to south-east corner of the same; thence, along said boundary west to South Queen street; thence, along the middle of Queen north to the intersection of Queen and Middle streets; thence, through the middle of the last mentioned street north-east to the place of beginning, shall be one ward and shall be called the Seventh Ward. And so much of said city as shall be included within the line beginning at the intersection of West King and Mulberry streets; thence, running west through the middle of West King street and Columbia Turnpike to the city boundary; thence, along said boundary line south to the south-west corner of the same; thence, along said line east to boundary of Fourth Ward; thence, along boundary line of Fourth Ward northward to place of beginning, shall be one ward and shall be called the Eighth Ward. And so much of said city as shall be included within the line beginning at the intersection of North Queen and Walnut streets; thence, running west through the middle of Walnut street to the western boundary of the city limits; thence, north along said line to the north-west corner of the same; thence, east along said line to North Queen street; thence, south through the middle of North Queen street to the place of beginning, shall be one ward and shall be called the Ninth Ward. SEC. 16. The places at which all general and municipal elections shall be held, in the several wards hereinbefore created, shall be as follows, viz: In the First Ward, at the public house now kept by Adam Trout in said ward; in the Second Ward, at the public house now kept by Anthony Lechler in said ward; in the Third Ward, at the public house now kept by John G. Hood in said ward; in the Fourth Ward, at the public house now kept by Martin Kreider & Co. in said ward; in the Fifth Ward, at the public house, known as the Plough Tavern, corner of West King and Charlotte street, in said ward; in the Sixth Ward, at the house of Isaac Powell, corner of North Queen and Walnut streets, in said ward; in the Seventh Ward, at the "Washington Garden," kept by John Wittlinger in said ward; in the Eighth Ward, at the public 16. Ibid., Sec. 3. house kept by Samuel Erisman in said ward; in the Ninth Ward, at the public house of Isaac Powell, corner of North Queen and Walnut streets, in said ward; the officers elected at the last municipal election shall hold the election in the First, Second, Third and Fourth Wards, on the first Friday of May, Anno Domini, one thousand eight hundred and sixtyseven; and the Judges of the Court of Common Pleas of Lancaster county shall appoint a Judge and two Inspectors and one Assessor for the Fifth, Sixth, Seventh, Eighth and Ninth Wards respectively, who shall perform all the duties and be subject to all liabilities of Judges and Inspectors of elections and of Assessors under the laws of this Commonwealth; and at the election to be held in said city, on the first Friday of May, Anno Domini, one thousand eight hundred and sixty-seven, as hereinafter provided for, the qualified electors of the several wards of said city shall elect one Judge and two Inspectors, one Constable and an Assessor for each of the said wards, to serve for one year. SEC. 17. That the administration of all the fiscal, prudential and municipal concerns of said city, with the conduct and government thereof, shall be vested in one principal officer, to be styled the Mayor, one Council, to be called the Select Council, and one Council to be called the Common Council, and also such other officers and boards of officers as are hereinafter specified; and the fiscal year of the city of Lancaster shall commence on the first day of June in each and every year. SEC. 18. That the annual meeting of the citizens, for the election of municipal officers hereinafter mentioned, shall be held on the first Friday in May; and the Mayor shall issue his proclamation to the qualified voters of each ward at least twenty days before said first Friday in May, and therein state the officers to be voted for at such election; and the person receiving the highest number of votes for any office shall be deemed and declared to be elected to the same: and whenever two or more persons are to be elected to the same office, the several persons, to the number required to be chosen, having the highest number of votes, shall be declared elected; and in case of a tie vote between candidates having the highest number of votes for the same office, such candidates having a tie vote shall, on the day fixed for entering upon the duties of the office, determine by lot which of them shall be entitled to hold the same. SEC. 19. That the freemen of the city of Lancaster, being citizens of the United States, who have resided within the bounds of said city for one year, and have paid a city tax for the year preceding the election, at least five days before said election, which shall have been assessed at least ten days before, shall be entitled to vote at the elections for officers of the said city; and any person not so qualified who shall fraudulently 19. Ibid., Sec. 6. 17. Ibid., Sec. 4. 18. Ibid., Sec. 5. |