Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1871-02-15
AN ACT
AN hui
Auth orizing the Borough of Clearfeld to erect

n,on,oeath Of Rennsylcania an the General
Assembly met, and IS hereby enacted By the
authority of the same. That the Burgess
and Town Council of the borough Of Clear
| field, and their successors in office, and Will
liam Bigler, Jonathan Boynton, James /.
| Leonard. James B. Graham, A. NJ. Hills
| be constituted board of Water Commis-
sioners to continue until the purposes of this
act are accomplished, that sh ould any va
cancy occur amongst the five individuals
named, the Judges of the Court of Com
mon Pleas of Cearield County shall have
power to fill such vacancy by appointment
of citizen and tax payer thereof thai af-
| ter Water Works are erected and In opera
! ton the duties of the above named five in
dividuas and their successors shall cease and
/ determine, and the said works shall be man
aged and controlled by the said Burgess and
Town Council as the property Of the bor-
ough as may be required and that the said
board OF Water Commissioners hereby con
ituted be and are hereby vested with full
power and authority to erect and construct
or to contract for the erection and construc-
! tion OF Water Works for the said borough
of Clearfeld, including buildings, engines,
machinery, reservoirs, trenches, pipes, aud
all things necessary to the full and entire
completion of the same for practical opera
tlon for introducing into the said borough
supply OF pure and wholesome water for the
use of the Inhabitants thereof; and all con-
! tracts made in pursuance thereof shall be
in the name of the borough of Clearfeld,
and when in writing shall be signed by the
Burgess and attested by the clerk of the
Council with the seal of the borough.
SECTION ,. That the said board of Wat
er Commissioners and their successors in Of
| fee, their contractors, their superintendents,
Z l.l. tk.,r
| struments, carts, wagons and other carriages
ana beasts of burden or draft may enter up
on any lands, water rights, streams, streets,
alleys, lanes or highways whenever such en-
| try shall be necessary for the purpose of oh
| tanning and bringing said water to the said
| borough of Clearfeld, and from any reser
yoir or reservoirs, and of Introducing said
water into and within the said borough, and
to erect and construct any reservoir or res
ervoirs and Of introducing said water into
and within the said borough and to erect
and construct any reservoir on reservoirs aud
to lay pipes for the conveying Of water thro'
said lands from time TO time, and at all
times thereafter, and is necessary for the
purposes of taking up repairing and laying
down said pipes as often as the same may
be required, and also to take and convey
sand, stone, earth and other material necesSa-
ry to the construction of said water works
or to the proper laying down of said pipes.
SECTION 3. That if the parties cannot
agree upon the compensation to be made to
the owner or owners of any such lands, water
rights, streams, enclosures, public or private
roads or highways, it shall and may be law
full for either party to present his, her, or
their petition to the Court of Common Pleas
of the county, setting forth the facts and
praying the Court to appoint proper persons
to view the lands and premises and value
the same or assess the damages for the ta-
king and use, whereupon the Court shall ap-
point three suitable and disinterested per-
sons whose duties it shall be after first being
! duly sworn or affirmed to view the lands,
| water rights, streams, and premises and in
juries complained of, and make report of
| the damages done or value OF said lands
water rights, privileges, or streams to the
next Court of Common Pleas upon which
report judgment shall be entered and execu-
tion issued as in other cases of debt, never
theless should either party feel himself or
them selves aggrieved they shall have the
privilege of filing exceptions to said report
at any time within four days after the return
thereof to the said Court, and also the right
to writ of error for which services the
| viewers shall be entitled to one dollar per
day and the officers of the Court the same
fees as for similar services or proceedings in
other cases, to be paid in all cases by the
party against whom the report shall be made
SECTION 4. That for the purpose of de-
fraying the cost of erecting and constructing
said Water Works the board of Water Com
missioners are hereby authorized and em
powered to issue coupon bonds in the name
of the borough of Clearfield signed BY the
Burgess and Treasurer thereof and having
the seal of said corporation attached to an
! NOT aycaa1,pr tnrty 4 hou nd AZ o1l,rc
and to negotiate the same the said bonds
shall be Of denominations not exceeding ore
thousand dollars and have such time for
their maturity as the said corporate author
tiles may deem, advisable and shall bear in
terest at rate not exceeding ten per centum
per annum, payable semi annually at such
place or places as may be determined, and
the said Burgess and Town Council shall
have power and are hereby authorized and
empowered to impose and assess such tax or
! taxes from time 40 time as may be necessary
| to pay the interest upon such loan and to
redeem the principal at such time and in
such manner may be conformable TO the
terms upon which the same is taken, and that
said taxes shall be collected as other taxes
are now by law collected.
| SECTION 5. That the said Burgess and
Town Council shall have full power and au-
thority to ordain and enact all laws and or
! dinances to enable them to convey the said
water through the borough in all directions
and to such points outside the borough in
the vicinity thereof as may be desired, and
to fix hydrants and fire plugs wheres9ever
they may deem proper and they shall fur
ther have power to adjust and determine the
rates and prices to be paid by the citizens
for the use of the water. P,ortded that
the owner of the freehold on and upon WHICH
said water is taken and used shall by thein-
selves, their agents or attorneys, IN all cases,
be the parties with whom such contract for
the use of the water shall be made and the
said real estate shall be bound TOR and liable
! for the payment of the same, reserving the
right to the said Burgess and Town Council
to contract with the lcssees of tenants should
they see proper to do so and the said Bur
CESS and Town Council shall further have
the power to ordain and enact all needful
bylaws, ordinances, and regulations, and
generally to do all things requisite and nee
essary for carrying into full and perfect eff
feet all the objects contemplated in this act.
Increase of Pay.
The following Joint Resolution relating TO