Section 5. The inhabitants of every borough hereafter incorporated, entitled to vote for members of the General Assembly, having resided within the said borough at least six months immediately preceding the election, and within one year paid a borough tax, shall have power on the days, and at the places directed by the courts of Quarter Sessions of the proper county to meet, and then and there, between the hours of one and six in the afternoon, to elect by ballot one citizen residing therein, who hall be styled the burgess, and five citizens to be a town council, and shall also elect as aforesaid two citizens, who shall be overseers of the poor if necessary, and one citizen as town constable, all of whom shall be resident in said borough; but previous to the opening of said election, such of the inhabitants as are present at the place of election, shall elect two citizens as judges, one as inspector, and two as clerks of said election, which shall be regulated and conducted throughout, according to the general election laws of this Commonwealth, and who shall be subject to the same penalties for mal-practices as by the said laws are imposed; and the said judges, inspectors, and clerks, before they enter on the duties of their respective offices, shall take an oath or affirmation before some justice of the peace to perform the same with fidelity, and after the said election shall be closed, shall declare the person and persons having the greatest number of votes to be duly elected to their respective offices, and in case any two or more candidates shall have an equal number of votes the preference shall be determined by lot, to be drawn by the inspector in the presence of the judges and clerks, whereupon duplicate certificates of said election shall be signed by the said judges, one of which shall be transmitted to each of the persons elected, and the other filed among the records of the corporation; and it shall be the duty of the constable for the preceding year, to give notice in writing to each of the persons so elected, and in case of the death, resignation, removal, or refusal of any person so elected, or if it should at any time happen, that no election should be holden on the day and in the manner aforesaid, the burgess shall issue his precept directed to the high constable, to hold an election in manner aforesaid to supply such vacancy, giving at least eight days notice, by six advertisements set up in the most public places in said borough: Provided, That the citizens of said borough shall be entitled to vote at the first election, although they have not paid a borough tax.
Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.
Compiler's Note: Section 1301(b) of Act 192 of 1915 provided that section five is repealed except in so far as it relates to assessors, constables, elections, justices of the peace, overseers of the poor, school directors, or taxation.