UC-NRLF M7 351 Preliminary Draft of a Bill CODIFYING THE EXISTING General Laws Relating to Boroughs REVISED PRAFT A ;, >s LEGISLATIVE REFERENCE BUREAU HARRISBURG, PA.: WM. STANLEY RAY, STATE PRINTER 1915. EXCHANGE Preliminary Draft of a Bill CODIFYING THE EXISTING General Laws Relating to Boroughs REVISED DRAFT c. "VX-YX e v' \ V 2k ~w \ a 1 \ LEGISLATIVE REFERENCE BUREAU HARRISBURG, PA.: WM. STANLEY RAY, STATE PRINTER 1915. PREFACE. By direction of the General Assembly of 1913 (Pamphlet Laws, 1913, page 250) the Legislative Reference Bureau was directed "to cause to be prepared, for adoption or rejection by the General As- sembly, compilations, by topics of the existing general statutes, ar- ranged by chapters and sections, under suitable headings, with ac- companying lists of statutes to be repealed." Also "to cause to be prepared codes of the existing laws on each of such topics, together with lists of statutes to be repealed, in the event of the adoption by the General Assembly of any of such codes." Pursuant to this act several codes have been prepared by the bu- reau and will be submitted to the General Assembly of 1915 for its consideration. Among them is a codification of the general laws of Pennsylvania relative to Boroughs, a copy of which is herewith sub- mitted for the criticism of those interested in the subject. In preparing this code the law has been taken practically as it stands, changes being made only to clear up ambiguous provisions, eliminate redundancies and superfluous expressions, and harmonize conflicting statutes. A few minor changes have been made in mat- ters of procedure so as to make the whole system logical and uniform so far as the nature of the material permits. All changes of any nature have been noted in the appropriate place in the Exposition. The concluding chapter of this bill contains a specific repeal of all general acts and parts of acts relating to boroughs. The object is to have all the borough law of the State, other than local laws, com- prised in one statute. It will not alone simplify the law, but will render any reference to it sure and easy. In a task involving so much and so varied details it is inevitable that errors have occurred both of omission and of inclusion. We shall be deeply gratified if the person into whose hands this revised draft comes will read it carefully, criticise it fully and freely and send any resulting suggestions or recommendations to the undersigned at an early date. Accompanying the draft is an exposition of the sources of the ma- terial for each section together with such comment as has been deemed necessary or pertinent. A chronological table of statutes codified has been appended. January 15, 1915. JAMES McKIRDY, Harrisburg, Penn'a. Assistant Director, Legislative Reference Bureau. (1) 321363 (2) CONTENTS Draft of Borough Code, , Exposition of Draft, Chronological Table of Statutes, Page. 5 168 277 (3) ^ -*^E" (4) AN ACT To Amend, Revise and Consolidate the Law Relating to Boroughs I. TI. III. IV. V. VI. CHAPTERS. PRELIMINARY PROVISIONS. CREATION CHARTERS. ARTICLE I. ARTICLE II. ARTICLE III. ARTICLE IV. ARTICLE V. INCORPORATION. CONSOLIDATION OF BOROUGHS. RE-ESTABLISHMENT OF BOR- OUGHS. DIVISION OF BOROUGHS. AMENDMENT AND ANNULMENT OF CHARTERS. CHANGE OF LIMITS BOUNDARIES WARDS. ARTICLE I. CHANGE OF LIMITS. ARTICLE II. BOUNDARIES. ARTICLE III. WARDS. ADJUSTMENT OF INDEBTEDNESS. GENERAL POWERS. SPECIAL POWERS. ARTICLE I. ARTICLE II. ARTICLE III. ARTICLE IV. ARTICLE V. ARTICLE VI. ARTICLE VII. EMINENT DOMAIN. CONDEMNATION PROCEEDINGS IN COURT OF COMMON PLEAS. DAMAGES FOR INJURY TO PROPERTY. OPENING, WIDENING, EXTEND- ING, STRAIGHTENING AND VACATING STREETS. VACATION OF ROADS AND STREETS. ROADS PARTLY WITHIN THE BOROUGH. STREET IMPROVEMENT. (5) VII. AKTIOLE VIII. ARTICLE IX. ARTICLE X. ARTICLE XI. ARTICLE XII. ARTICLE XIII. ARTICLE XIV. ARTICLE XV. ARTICLE XVI. ARTICLE XVII. ARTICLE XVIII. ARTICLE XIX. ARTICLE XX. GOVERNMENT. ARTICLE I. ARTICLE II. ARTICLE III. ARTICLE IV. ARTICLE V. ARTICLE VI. ARTICLE VII. COLLECTION BY INSTALMENT OF COST OF GRADING AND IMPROVING STREETS. STREETS AND HIGHWAYS CROSSING RAILROADS. PLANS AND LOCATION OF STREETS. SIDEWALKS. SEWERS. CONTRACTS WITH STREET RAILWAYS. BRIDGES AND VIADUCTS. ELECTRIC WIRES. WATER COURSES. PUBLIC SERVICE. PUBLIC BUILDINGS AND WORKS. WHARVES AND DOCKS. LICENSES AND LICENSE FEES. COUNCIL. BURGESS. HIGH CONSTABLE. AUDITORS. CONTROLLER. APPOINTED OFFICERS. BUREAU OF MINE INSPECTION AND SURFACE SUPPORT. VIII. ELECTIONS VACANCIES IN OFFICE. ARTICLE I. NUMBER, TERM AND TIME OF ELECTION OF OFFICERS. ARTICLE II. FILLING OF VACANCIES. IX. PARKS SHADE TREES FORESTS. ARTICLE I. PARKS AND PLAYGROUNDS. ARTICLE II. SHADE TREES. ARTICLE III. FORESTS. X. LIBRARIES. XI. BURIAL GROUNDS. XII. ENFORCEMENT OF ORDINANCES ACTIONS BY AND AGAINST BOROUGHS. ARTICLE I. ENFORCEMENT OF ORDI- NANCES. ARTICLE II. ACTION'S BY AND AGAINST BOROUGHS. XIII. ACTS OF THE GENERAL ASSEMBLY REPEALED. 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: CHAPTER I. PRELIMINARY PROVISIONS. ARTICLE I. Section 1. This act shall be known and may be cited as "The Gen- eral Borough Act." Section 2. This act does not include any provisions, and shall not be construed to repeal any acts, relating to: 1. The assessment, levy and collection of taxes, except taxes on dogs. The procedure for the collection of municipal claims by liens. 3. The amount and method of incurring or increasing bonded indebtedness. 4. Election officers and conduct of elections. 5. Poor Districts. 6. Boards of Health. 7. Common Schools. 8. Borough and Ward Constables. 9. Justices of the Peace. 10. The giving of municipal consent to Public Service Cor- porations. 11. State Roads, State-Aid Roads, and Private Roads. 12. Validations of elections, bonds, ordinances, and acts of corporate officers. 13. Crimes and offences by Borough officers. Section 3. The provisions of this act so far as they are the same as those of existing laws shall be construed as a continuation of such laws, and not as new enactments. The repeal by this act of any act of assembly or part thereof shall not revive any act or part there- of heretofore repealed or superseded; nor affect the corporate exist- ence of any borough heretofore incorporated. The provisions of this act shall not affect any act done, liability incurred, or right accrued or vested, or affect any suit or prosecution, pending or to be insti- tuted, to enforce any right or penalty or punish any offense under the authority of such repealed laws. All ordinances, regulations and rules made pursuant to any act of assembly repealed by this act, shall continue with the same force and effect as if such act had not been repealed. Any person holding office under any act of assembly repealed by this act shall continue to hold such office until the expiration of the term thereof, subject to the conditions attached to such office prior to the passage of this act. Section 4. The provisions of this act shall be severable, and if any of the provisions shall be held to be unconstitutional, such de- cision shall not affect the validity of any of the remaining provisions of this act. Section 5. Whenever, in this act, reference is made to any act by title, such reference shall also apply to and include any codification, wherein the provisions of the act referred to are substantially re- enacted. Section 6. This act shall apply to all boroughs incorporated un- der general law and to those which have accepted the provisions of the act of April third, one thousand eight hundred fifty -one, entitled "An act regulating boroughs." This act shall not annul or repeal any local or special act in force at the date of the passage of this act. Section 7. Any borough or incorporated town, incorporated or acting under any local or special act of assembly may surrender the provisions of its special acts, so far as they are inconsistent with this act, by presenting a petition to the court of quarter sessions setting forth the desire of such borough or incorporated town to accept the provisions of this act. Such petition shall be made by the burgess, council or twenty-five qualified electors of the borough or incorpor- ated town. Upon the presentation of the petition, the court shall fix a day for hearing of which such notice shall be given as may be directed by the court. At such hearing any inhabitant of the borough or in- corporated town may remonstrate against the granting of the pe- tition, and the court may grant or refuse the petition. If the court grant the petition, the decree shall be recorded in the office for the recording of deeds and thereafter the borough or in- corporated town shall be subject to all the provisions of this act, 8 and any such incorporated town shall become a borough, and the local and special acts of assembly in force in any such borough or incorporated town shall be annulled so far as they are inconsistent with the provisions of this act. Section 8. When any borough or incorporated town shall accept the provisions of this act as provided by section seven of this article, all liabilities incurred, rights accrued or vested, obligations issued or contracted, and all suits and prosecutions, pending or to be in- stituted, to enforce any right or penalty accrued or punish any of- fense committed prior to such acceptance, shall continue with the same force and effect as if no such acceptance had been made. Section 9. This act shall take effect on the first day of July, one thousand nine hundred and fifteen. CHAPTER II. CREATION CHARTERS. ARTICLE I. INCORPORATION. Section 1. The courts of quarter sessions may incorporate any town or village within their jurisdiction, into a borough. Every part of such township or townships so incorporated, shall be a body corporate and politic, by the title which shall be given by the court. Section 2. The application for incorporation shall be in writing, and shall be signed within three months immediately preceding its presentation to the court by a majority of the freeholders residing within the limits of the proposed borough. Section 3. The application shall set forth the title of the pro- posed borough with a particular description of the boundaries thereof, exhibiting the courses and distances in words at length, and be ac- companied with a plot of the same. Section 4. Upon presentation to the court the application shall be filed with the clerk, and notice thereof shall be given in one news- paper of the county for a period of not less than thirty days im mediately before the next regular term following the filing thereof, during which time exceptions may be filed to the application by any person interested. The court at said term, if it shall find that 9 the conditions prescribed by this article have been complied with, may grant the prayer of the petitioners and make a decree accord- ingly, but if the court shall deem further investigation necessary, they may make such order thereon, as to right and justice shall ap- pertain. The application and decree shall be recorded in the re- corder's office of the county at the expense of the applicants. Section 5. When the application and decree have been recorded, such part of a township or townships shall be an incorporated bor- ough, and shall be entitled to the several rights, privileges and im- munities conferred by this act. Section 6. When in any application, the boundaries fixed by the petitioners shall embrace lands exclusively used for the purposes of farming, the court may if it deem such land does not properly belong to the proposed borough, at the request of the party aggrieved, change the boundaries so as to exclude therefrom the land used for farm- ing piurposes. Section 7. The corporate title of boroughs incorporated under this act shall be "The borough of - ." Section 8. All charters granted under this act shall set forth, 1. The corporate title of the borough. 2. The boundaries thereof. Section 9. An appeal to the superior court, may be had from any decree incorporating a borough, within six months from the date of such decree, by not less than three persons aggrieved thereby. Section 10. The courts of quarter sessions shall fix the time and place of holding the first election in the borough, designate a per- son to give notice of the election and the manner thereof, and ap- point, from among the electors of the borough, a judge and inspec- tors to hold the first election. The officers elected at such special election shall hold their office, and their successors shall be elected and qualify, as provided for in chapter eight, article one, section twenty of this act. Section 11. The boundaries of the borough, shall as soon as prac- ticable after its incorporation, be marked, due notice being first given to the commissioners and supervisors of adjoining townships and to the corporate authorities of adjoining municipalities. 10 CHAPTER II. CREATION CHARTERS. ARTICLE II. CONSOLIDATION OF BOROUGHS. Section 1. Whenever two or more boroughs situate in the same county or in different counties, shall be adjacent and of compact territory, they may be consolidated into one borough. Section 2. Such consolidation shall be made under the following conditions: (a). The councils of the boroughs may, of their own initiative or shall within sixty days after each is requested in writing by at least one hundred qualified electors of the respective borough, enter into a joint agreement, under the corporate seal of each borough, for the consolidation thereof into one borough. The joint agreement shall set forth the name of the new borough, the number of wards if any, into which the borough is to be divided, the territorial boun- daries thereof. It may also set forth such terms as have been agreed upon for the disposition of the assets of each of the boroughs, and for the liquidation of the indebtedness of each of the boroughs, either jointly, separately, or in certain defined proportions, and the adjust- ing and paying of the same by separate rates of taxation on all propl- erty subject to taxation within the boundaries of such boroughs, re- spectively. (b). The question of the consolidation of such boroughs shall be submitted to the vote of the qualified electors of each of the boroughs at a special election to be held on a day to be designated in the joint agreement. -The election shall be held by the regular election officers, and in accordance with the provisions of the laws regulating elec- tions. If such special election shall be ordered within ninety days of any general or municipal election, the election shall be held on the day fixed for the holding of such election. Notice of such elec- tion shall be given by proclamation by the high constables of the respective boroughs in the manner prescribed for proclamations for elections for municipal officers. (c). The election shall be by ballots which shall be marked "Pro- posed consolidation" and below shall be printed the words "For con- solidation" and "Against consolidation," and the elector shall desig- nate with an "X" his desire to vote for or against such consolida- tion. 11 (d) . If the majority of the votes cast for and against the pro- posed consolidation at such election in each of the boroughs is in favor of the ratification of the agreement, that fact shall be certified to the council of each of the boroughs by the respective election boards or return judges, and the burgess and secretary of the respective borough shall cause a certification of the result to be indorsed upon the joint agreement. (e). The agreement, or a certified copy thereof, with all its in- dorsements shall be filed in the office of the secretary of the com- monwealth. Upon the filing thereof, the Governor shall cause let- ters patent to be issued under the great seal of the Commonwealth, consolidating the boroughs into one corporation by the name set forth in the joint agreement. A copy of such agreement, duly cer- tified by the secretary of the commonwealth under the seal of his of- fice, shall be evidence of the existence of the new borough. Section 3. Upon the issuance of letters patent, the several bor- oughs shall be a borough under the name provided in the agreement. The ordinances in force in each of such boroughs, at the time of such consolidation, shall continue in force throughout the territory for which they were originally enacted, until altered or repealed by the consolidated borough. Section 4. After such consolidation the rights, privileges and franchises of each of the boroughs, and all the property, real, per- sonal and mixed, and all debts due on whatever account and other things in action belonging to each of such boroughs, shall be vested in the new borough. The title to real estate vested in either of such boroughs shall not revert or be in any way impaired by reason of such consolidation. All rights of creditors and liens shall be preserved and all debts, liabilities and duties of either of such bor- oughs shall attach to such new borough and be enforced against it. Section 5. Any borough formed by the consolidation of boroughs situate in different counties shall be considered as under the juris- diction of the courts of that county in which is situate the borough first incorporated of those forming such consolidated borough. 12 CHAPTER II. CREATION CHARTERS. ARTICLE III. RE-ESTABLISHMENT OF BOROUGHS. Section 1. Where cities of the third class have been formed by joining together two or more boroughs, the court of common pleas upon the petition of not less than one- third of the registered electors of the territory formerly comprised within the limits of either of such boroughs, setting forth that the inhabitants of such territory wish to separate from the city and establish a borough organization, may appoint three commissioners, who shall investigate the facts set forth in such petition, and report to the court as to the ex- pediency of granting the prayer of the petitioners. Section 2. If the commissioners report in favor of setting off the territory from the city, they shall accompany their report with a plot of such territory, formerly comprising said borough or any such part thereof, as may be described in the petition. Section 3. The court shall thereupon order an election to be held on the next appointed day for the holding of a general or municipal election, at which time, the qualified electors within such territory shall vote for or against such separation. Section 4. If a majority of votes cast for and against such separa- tion, at such election shall be in favor of such separation, the court shall make a decree declaring such territory a borough, and ap- point one person qualified to serve as a member of the Senate of this Commonwealth to be the burgess of such borough, and seven persons qualified to serve as members of the House of Representatives of this Commonwealth to constitute the council thereof. Such of- ficers shall hold their respective offices until the first Monday of January next, succeeding the municipal election at which a burgess and council are to be elected, as provided in chapter eight, article one, sections six and fourteen of this act. Section 5. From the date of such decree the territory so erected into a borough shall be separate from such city, and shall be sub- ject to the provisions of this act. 13 CHAPTER II. CREATION CHARTERS. ARTICLE IV. DIVISION OF BOROUGHS. Section 1. When a borough has been erected from two or more villages the majority of the freeholders residing in any one or more of such parts of the borough may make application, by a petition in writing, to the court of quarter sessions, praying that such part or parts may be set off from the borough and erected into a new bor- ough. Section 2. The petition shall be signed by the petitioners within three months immediately preceding its presentation to the court. Upon such presentation it shall be filed with the clerk. Notice thereof shall be given in one newspaper of the county for a period of not less than thirty days immediately before the next regular term fol- lowing the filing thereof, during which time exceptions may be filed by any person interested. If the court at said term shall find that the conditions prescribed by this article have been complied with, it may grant the prayer of the petitioners and make a decree ac- cordingly. The petition and decree shall be recorded in the re- corder's office of the county at the expense of the petitioners. Section 3. The part or p&rts of the borough, so set off, shall thereupon be a. borough under a name given by the court, and shall be subject to the provisions of this act. Section 4. The court shall fix the time and place for holding the first election in the borough, designate a per- son to give notice of such election, and appoint from among the elec- tors of the borough, a judge and . inspectors to hold the first elec- tion. The officers . elected at such, election shall hold their offices, and their successors shall be elected and qualified as provided in chapter eight, article one, section twenty of this act. Section 5. An appeal .to the superior court may be had from any decree incorporating such 'part or parts of the borough into a bor- ough, within six months after the date of the decree, by not less than three persons, aggrieved thereby. Section 6. Whenever any territory shall be detached from a bor- ough under the procedure set forth in sections one, two, three, four, five, six, seven and eight of article one, chapter three, of this act, the court of quarter sessions may decree that the portions so detached shall constitute a new borough, if the sai 14 shall be to the best interests of the several boroughs, townships and school districts affected thereby and the residents of the territory so detached; and shall order and direct a special election to be held for the election of officers for such borough. The officers elected at such special election shall hold their respective offices, and their suc- cessors shall be elected and qualify as provided in chapter eight, article one, section twenty of this act. No such borough shall be created, unless the intention to do so has been set forth in the original petition filed, or after thirty days' notice in such manner as the court may direct. CHAPTER IT. CREATIONCHARTERS. ARTICLE V. AMENDMENT AND ANNULMENT OF CHARTERS. Section 1, The court of quarter sessions may, with the concur- rence of the grand jury, and upon application in writing of two- thirds of the taxable inhabitants of any borough, annul or alter the charter of such borough. Section 2. The application shall be signed by the petitioners within three months immediately preceding its presentation to the court. Public notice of the intended application for such annul- ment or amendment shall be given in at least one newspaper of the county for a period of not less than thirty days immediately before the application shall be presented. Section 3. The application shall be laid before the grand jury at the same term of court when presented, if the same can be con- veniently done, and in no case later than the next subsequent term of the court. If the grand jury, shall find that the conditions pre- scribed by this article have been complied with, and shall believe it expedient to grant the prayer of the petitioners, they shall certify the same to the court, which certificate shall be entered of record. No further proceedings shall be had until the succeeding term of the court, at which term the judgment of the grand jury may be con- firmed. If the decree of the court shall be in conformity with the prayer of the petitioners, the petition and decree shall be recorded in the recorder's office of the county at the expense of the applicants. 2H 15 CHAPTER III. CHANGE OF LIMITS BOUNDARIESWARDS. ARTICLE I. CHANGE OF LIMITS. (a) ON PETITION OF FREEHOLDERS OF BOROUGH. Section 1. The court of quarter sessions, with the concurrence of the grand jury, may, upon petition, change the limits of any bor- ough heretofore incorporated by the courts of quarter sessions from a town or village, or incorporated under the provisions of chapter two, article one, of this act. Section 2. The provisions of the preceding section do not authorize a change of borough limits by the detachment of territory and its annexation to a contiguous township. Section 3. Notice of the intended application shall be given in at least one newspaper of the county for a period of not less than thirty days immediately before the presentation of the petition. Section 4. The petition shall be signed by a majority of the free- holders residing in the borough, within three months immediately preceding its presentation to the court. It shall set forth a descrip- tion, and be accompanied with a plot, showing the courses and dis- tances, of the boundaries of the borough, before and after the pro- posed change of limits. Section 5. The petition, except as provided in section two, of this article, shall be laid before the grand jury at the same term of court when presented, whenever the same can be conveniently done, and in no case later than the next subsequent term of the court. Section 6. If the grand jury shall believe it expedient to graiit the prayer of the petitioners, they shall certify the same to the court. The certificates shall be entered of record and no further proceedings had until the succeeding term of the court, at which term the judg- ment of the grand jury may be confirmed. If the court shall deem further investigation necessary it may make such order, as to right and justice shall appertain. If the court shall grant the prayer of the petitioners, the petition and decree shall be recorded in the recorder's office at the expense of the petitioners. Section 7. Whenever the court shall make a decree changing the limits of any borough as provided by the foregoing sections of this article, by detaching therefrom any portion of the territory included 16 .therein, the court shall make a further decree directing that the portion so detached shall constitute a new borough, a new township or become part of an adjacent borough, as to the court may seem best. This section does not authorize the creation of a new bor- ough unless the intention to do so has been set forth in the peti- tion or until after thirty days' notice in such manner as the court may direct. In the case of the erection of a new borough; the court shall order a special election, as provided in chapter two, article four, section six of this act. Section 8. In case any officer of the borough, from which any territory is detached, resides in the portion so detached, he shall from the time of the decree cease to exercise the function of said office, and the office shall be vacant, and shall be filled by the court of quarter sessions from the electors of the borough, who shall hold office for the unexpired term, and until their successors qualify. The remaining members of council shall constitute the council for the transaction of all business until the vacancies shall have been filled. (b) By ANNEXATION ON PETITION OF FREEHOLDERS OUTSIDE THE BOROUGH. (1) Where territory is in one county. Section 9. The court of quarter sessions with the concurrence of the grand jury, may, upon petition, change the limits of any borough by the annexation of adjacent territory. Section 10. Personal notice of the intended application shall be given to the burgess and council of the borough, and to the com- missioners or supervisors of the township in which the petitioners reside. Notice of such application shall also be given in one news- paper of the county for a period of thirty days immediately before the presentation of the petition. Section 11. The petition shall be signed by a majority of the free- holders residing within the territory to be annexed. It shall set forth a description, and be accompanied with a plot, showing the courses and distances, of the boundaries of the borough before and after the proposed annexation. Section 12. The court shall cause the petition to be laid before the grand jury, and if the grand jury shall believe it expedient to grant the prayer of the petitioners, they shall certify the same to the court ; which certificate shall be entered of record for confirmation by the court. The court may make such order thereon as to right and justice shall appertain. If the court shall confirm the petition, the said petition and decree shall be recorded in the recorder's office of the county at the expense of the petitioners. Thenceforth the ter- ritory so annexed shall be a part of the borough. (2) Where territory is in two or more counties 17 Section 13. The court of quarter sessions may, upon petition ; annex to any adjacent borough territory, situated in two or more counties. The petition shall be signed by a majority of the taxable inhabi- tants of such territory and shall be presented to the courts of quarter sessions of all the counties in which the territory and the borough are situated. Section 14. Notice of the intended application 'shall be given in one newspaper of general circulation in the territory, and in the bor- ough, for a period of thirty days immediately before the presenta- tion of the petition to any of the courts. Section 15. Upon presentation of the petition, the several courts shall each appoint one person as commissioner, and the commission- ers so chosen shall select an additional one, who shall be a surveyor. The commissioners shall be severally sworn or affirmed, within sixty days from their appointment and selection, and shall view the territory sought to be annexed. They shall report to the several courts at the respective terms next following such appointment or as soon thereafter as possible. The reports shall state that the com- missioners were sworn or affirmed, and that they were all present at the view. If the commissioners favor the proposed annexation, they shall accompany their reports with a plot showing the courses and distances of the boundaries of the territory proposed to be an- nexed and the quantity of land therein contained. Section 16. Any person interested may petition any of the courts at the term to which the respective report is made, for a rule on any two or more persons signing the original petition, to show cause why the report should not be approved. The rule shall be returnable not later than the -succeeding term. If the rule is confirmed the persons signing the original petition shall pay the costs of the entire pro- ceeding; if such rule is discharged the costs shall be paid by those petitioning for its issue. Section 17. If each of the courts shall approve the report of the commissioners, the whole proceeding shall be entered on the record of each court and the territory annexed shall be a part of the bor- ough. Each commissioner shall receive five dollars per day for each day necessarily employed in the discharge of his duties, to be paid, if such territory is annexed, by the borough. (c) BY ANNEXATION ON PETITION TO COUNCIL. Section 18. Any borough may, by ordinance, annex adjacent land situate in the same or any adjoining county, upon petition of a ma- jority of the freeholders of the territory proposed to be annexed. 18 Section 19. A certified copy of the ordinance, together with a de- scription and a plot showing the courses and distances of the boun- daries of the borough before and after such proposed annexation, shall be filed in the court of quarter sessions of the county or in case the land proposed to be annexed is situate in an adjacent county, then in the courts of both counties. Thereupon the territory pro- posed to be annexed shall be a part of the borough. (d) BY DETACHMENT OF TERRITORY. (1) Where it is annexed to a contiguous township. Section 20. The court of quarter sessions, upon petition, may change the limits of any borough by detaching territory therefrom and annexing the same to a contiguous township or townships. Section 21. The petition shall be signed by a majority of the free- hold residents of the borough, except where the dividing line between a borough and a township shall separate the lands of any person, in which case the petition may be made by any freeholder whose lands are so divided. The petition shall contain the names of the contiguous township or townships to which the territory is proposed to be an- nexed, and shall set forth a description, and be accompanied with a plot, showing the courses and distances of the boundaries of such township or townships before and after the proposed change of limits. Section 22. Upon its presentation the court shall order the peti- tion filed and shall fix a time for hearing. Notice of the filing of the petition shall be given to the supervisors of the townships and to the secretary of the borough and president of council at least twenty days pirior to the date of hearing. If the court shall determine in favor of the proposed detachment of territory, it shall state in its decree to what adjacent township or townships the territory so de- tached shall be annexed. The petition and decree shall be recorded in the office for the recording of deeds of the county at the expense of the petitioners and thenceforth the boundaries of the borough and of the adjacent township or townships shall be as decreed by the court. (2) By reason of natural or artificial causes. Section 23. Whenever the territory of any borough is divided by reason of natural or artificial causes, or whenever any part of a borough is so located that access to the remaining portion can be had only by passing through some other township or borough, the court of quarter sessions, on petition signed by persons represent- ing at least two-thirds of the value of the real property, and two- thirds of the inhabitants, of the borough, may detach therefrom the part so divided or located and annex it to an adjacent borough or township. 19 Section 24. Upon its presentation the court shall order the peti- tion filed, and shall direct that notice thereof be given to the bor- ough or to the township whose boundaries may be affected; and shall also fix a time for hearing. Section 25. If the decree of the court shall be in conformity with the prayer of the petitioners, the boundaries of the borough from which the territory is detached, and of the borough or township to which such detached portion is annexed shall be as decreed by the court. CHAPTER III. CHANGE OF LIMITS BOUNDARIES WARDS. ARTICLE II. BOUNDARIES. Section 1. Whenever any borough is bounded by the nearest mar- gin of a navigable stream, and an opposite township, borough, or city, is also bounded by the nearest miargin of the same stream, the boundaries of such borough, shall extend to the center line of the stream. Section 2. The court of quarter sessions, upon petition, may as- certain and establish disputed boundaries between two or more bor- oughs, between boroughs and cities, or between boroughs and town- ships. Section 3. Upon such petition, the court shall appoint as com- missioners three impartial men, one of whom shall be a surveyor. After giving notice to parties interested as directed by the court, they shall view the disputed boundaries. The commissioners, or any two of them, shall report to the next succeeding term of court, which report shall contain their recommendations and be accom- panied with a plot of the proposed boundary, if the same cannot be fully described by natural lines. Section 4. Any person interested may petition the court for a review or may except to the report of the commissioners. When mfatters of fact are in dispute, the court may frame an issue and certify the same for trial to the court of common pleas. Section 5. The commissioners shall each receive three dollars per day, except the surveyor, who shall receive five dollars per day, for each day necessarily employed in the performance of their du- ties, and mileage at the rate of ten cents per mile for each mile neces- sarily traveled, to be paid by the county. Section 6. Whenever a boundary is established pursuant to the preceding sections of this article, the court shall cause the same to be marked with stone monuments placed at intervals, not exceed- ing fifteen hundred feet, and the expense thereof, when approved by the court, shall be borne equally by the municipalities or townships interested. Section 7. Whenever the dividing line between two adjoining boroughs is uncertain, or whenever adjoining boroughs desire that the dividing line should be changed, the borough council may declare and fix such boundary line or may change the same in the manner hereinafter set forth. Section 8. Such dividing line shall be determined and fixed, or changed, by ordinance passed by the councils of each borough, by the affirmative votes of not less than two-thirds of all the members elected to each of the councils, and approved by the respective bur- gesses. A plot showing such dividing line and the changes in the same, together with certified copies of the ordinances, authorizing the action taken, shall be filed in the office of the clerk of the court of quarter sessions, within thirty days after the approval of the last ordinance relating to the matter. Section 9. Any citizen of either borough may appeal from the ordinances, within thirty days of the filing of such plan, and the court shall make such decree thereon, as to right and justice shall appertain. Section 10. Whenever the dividing line between adjoining bor- oughs, situate in the same county separates the property of the same owner into two or more parts, the court of quarter sessions, on petition of the council of either borough, or upon the petition of the property owner, may change the dividing line so that the whole of the property shall be thereafter located in one of the boroughs. No such change shall be made, until the written consent of the borough councils, and of the party whose land is affected, where they do not appear as petitioners, is obtained and filed of record. Section 11. Any costs and expenses incurred under the provision of the preceding section shall be paid by the petitioners. 21 CHAPTER III. CHANGE OF LIMITS BOUNDARIES WARDS. ARTICLE III. WARDS. Section 1. The court of quarter sessions, upon petition, may di- vide boroughs into wards, erect new wards out of two or more ad- joining wards, or parts thereof, divide any ward already erected into two or more wards, or alter the lines of any two or more adjoining wards, and may cause the lines or boundaries to be ascertained and established. Section 2. The petition shall be signed by twenty freehold resi- dents of the borough, or of the ward whose limits it is proposed to change. Upon its presentation, the court shall appoint three im- partial men as commissioners, to inquire into the propriety of grant- ing its prayers. The commissioners or any two of them shall make a report to the next term of the court, and shall accompany it with a plot showing the boundary of the borough and wards before and after the proposed change, whenever the same cannot be fully desig- nated by natural lines. Section 3. The court shall confirm the report nisi, which con- firmation shall become absolute, unless exceptions are filed before the third day of the term next succeeding. The court may grant a review, if a better adjudication may thereby be secured, upon a petition presented before the third day of such succeeding term. Section 4. The commissioners appointed pursuant to section two of this article shall each receive three dollars per day, except a sur- veyor, who shall receive five dollars per day, for each day necessarily employed in the discharge of their duties, and mileage at the rate of five cents per mile for every mile necessarily traveled. Section 5. Such compensation shall be paid by the county during the term of court to which the report is made, to be reim- bursed by the petitioners as directed by the court. To secure such reimbursement the court may require the petitioners to file a bond with their petition. Section 6. Officers in office at the time of any changes made pur- suant to the preceding sections, of this article, shall remain in office until the expiration of^the terms for which they have been elected. In case any vacancy shall occur, the same shall be filled by the court of quarter sessions, until the first Monday of January next succeeding the election at which such officers are elected as provided in chapter eight, article one of this act. 22 Section 7. Boroughs may, by ordinance, change the name of any ward to number, or change the number of any ward to name. No such ordinance shall go into force until a certified copy thereof be filed with the clerk of the court of quarter sessions. CHAPTER IV. ADJUSTMENT OF INDEBTEDNESS. ARTICLE I. (a) WHEN INCORPORATED FROM A TOWNSHIP. Section 1. Whenever a township is merged into one or more bor- oughs, or whenever a borough is erected out of a township or parts of adjoining townships, every such borough shall share in just pro- portion in the rights and liabilities of such townships, existing at the time of its incorporation. In all pending actions and actions thereafter brought by or against such townships, the borough liable or entitled shall, by order of court, be made party plaintiff or defend- ant, as the case may be. Section 2. The proportion to be paid by the borough, shall be ascertained by reference to the assessments of such townships for the year in which such borough was incorporated. Section 3. Whenever any borough has been erected out of a town- ship, or whenever any township has been merged into more than one borough, the court of common pleas, upon application, by a bill in equity, of any creditor of such townships, or of the authorities of any such township or borough, nvay ascertain the indebtedness of such townships, including judgments against the same, at the time of the incorporation of such boroughs, respectfully, and may equitably adjust such indebtedness between such townships and boroughs, and between the several boroughs into which any township shall have been merged, and shall decree the proportion of such indebtedness which each township and borough shall pay. In making such ad- justment, the township taxes then unexpended shall be taken into account. 23 Section 4. The adjustment shall be based upon the assessments of the townships for the year in which such boroughs were incor- porated. In ascertaining the indebtedness, neither pending actions nor claims against such townships, founded on tort, shall be included, unless the same, shall, in the meantime, have been prosecuted to final judgment. Section 5. Three months' notice shall be given, by order of court, to all persons having claims against any of such townships, to pre- sent the same, on or before the day therein named. All persons, fail- ing to present their claims, shall be forever debarred from enforcing collection of the same. The notice shall be published in not less than two newspapers of the county. Section 6. The court may make all needful orders for the collec- tion and payment, by the township or borough, of the share of the indebtedness apportioned to it, and may order the officers, of the town ship or borough, to collect by special taxation, an amount sufficient to pay the share either in one year or by annual instalments. Section 7. The court may appoint a receiver, to whom the money due from each township and borough shall be paid. The receiver shall pay over the amount so received, to creditors of the township, in such order or in such proportions as the court shall direct. In case of any special taxation in any township or borough, the collector of the special tax shall pay the same to the receiver. Section 8. Each borough, in any of the cases aforesaid, shall be credited with its proper share of any unappropriated balance in the treasury of such townships, at the end of the current year, during which such borough shall have been incorporated, and the court may equitably apportion the same. Section 0. The cost of the proceedings shall be paid by the sev- eral townships and boroughs in such proportions as the court shall direct. (b) WHEN BOROUGHS ARE RE-ESTABLISHED. Section 10. Whenever any borough shall be erected from a city of the third class, formed by joining together two or more boroughs as provided in chapter two, article three of this act, the court of common pleas shall immediately appoint an auditor. Section 11. The auditor shall ascertain the indebtedness of such city. He shall likewise take into account and include in his report, the cost of all the property owned by such city, and purchased at the general expense of the same. He shall show in his report how much of such indebtedness would be the proportionate share charge- able to the territory so set off from such city, after allowance for a proportionate credit for the value of the property owned by the city prior to the establishment of the borough. 24 Section 12. If there is any indebtedness remaining which would be chargeable to the borough, then the authorities of such borough shall issue and deliver to the authorities of the city, interest-bearing bonds, in liquidation of the indebtedness, ascertained to be the pro- portionate share payable by such borough. (c) WHEN LIMITS ARE CHANGED AND BOROUGHS DI- VIDED. Section 13. Whenever proceedings shall be commenced for the purpose of changing the limits of any borough as provided in chapter three, article one, sections one to nineteen, inclusive; or in the case of the division of boroughs as provided in chapter two, article four, of this act and the same shall have been approved by the grand jury to which the application shall have been submitted, in all cases where such approval is required, the court, before entering a decree confirming the same, shall appoint an auditor. Section 14. The court shall, at the time of making the appoint- ment direct notice to be given to all parties interested. Such notice shall state the time and place of the meeting of the auditor, and the time of making his report, and of the hearing thereon. Section 15. The auditor shall ascertain the liabilities of the sev- eral boroughs and townships affected, the amount and value of the property owned by each, the amount and value of the property pass- ing to and from each borough and township, and the assessed valua- tion of all property liable to taxation for borough or township pur- poses, as shown by the last assessment, and within the limits of the part annexed to or detached from such borough. He shall re- port the same to the court, with the form of a decree adjusting the liabilities equitably between such boroughs and townships, respec- tively. Section 16. The court shall direct the amounts that shall be paid by such boroughs and townships, and the time and mode of pay- ment, and if necessary, may order a special tax to be levied upon the property so annexed to or detached from said borough for the payment of the indebtedness awarded against it, and shall direct how the same shall be assessed and collected. (d) WHEN TERRITORY IB DETACHED. Section 17. Whenever under the provisions of chapter three, ar- ticle one, sections twenty to twenty-four inclusive, of this act, the court shall decree the detachment of territory from a borough, the court shall appoint an auditor, who shall give such notice as the court shall direct to all parties in interest. Section 18. The auditor shall hear all parties in interest, make necessary investigation, and report to the court the total valuation for taxation purposes of the boroughs and townships affected, the 25 assessed valuation of the portion detached, the amount of indebted- ness of the several boroughs and townships, and the value of all property transferred from the borough to a township or borough. The auditor shall also report a form of decree, making such adjust- ment of the indebtedness of the boroughs and townships affected as he shall deem equitable. Section 19. The report and decree shall be confirmed nisi by the court and shall become absolute in ten days unless exceptions be filed thereto or an appeal be taken by parties in interest. CHAPTER V. GENERAL POWERS. ARTICLE I. Section 1. A borough may: I. Have succession perpetually by its corporate name. II. Sue and be sued, and compilain and defend in the courts of the Commonwealth. III. Make and use a common seal, and alter the same at pleasure. IV. Purchase, hold and convey such real and personal estate as the purposes of the borough shall require, not exceeding the yearly value of three thousand dollars. Section 2. The powers of the borough shall be vested in the cor- porate officers. They shall have power: I. To regulate the roads, streets, lanes, alleys, common sewers, public squares, common grounds, foot-walks, gutters, culverts, and drains, and the heights, grades, widths, slopes, and forms thereof; and to prohibit the erection or construction of any building or other obstruction to the convenient use of the same. II. To prescribe reasonable fees for the services of their officers in the adjustment of grades, curbs, lines of streets and the like, and to enforce the payment of the same. III. To provide a supply of water for the use of the inhabitants and to make regulations for the protection of the pipes, reservoirs and other constructions or apparatus; and to prevent the waste of water so supplied. 26 IV. To establish a nightly watch. V. To provide street lights and to make regulations for the pro- tection thereof. VI. To construct and maintain in any of the highways within the borough limits, comfort and waiting stations, and drinking foun- tains. The damages accruing to abutting properties by reason of any such improvements shall be ascertained and collected in the man- ner provided in chapter six, article two of this act. VII. To erect watering troughs at an expense not exceeding twenty dollars. VIII. To prohibit and remove any obstruction or nuisance in the highways of the borough. IX. To prohibit and remove any nuisance on public or private grounds, or to require the removal of the same by the owner or oc- cupier of such grounds in default of which the borough may cause the same to be done and collect the cost thereof, together with a penalty of twenty per cent, of such cost, in the manner provided in chapter six, article twelve, sections two and three of this act. X. To prohibit the keeping of hogs within the borough, or within any part of the borough. XI. To make regulations respecting vaults, cesspools and drains. XII. To make regulations relative to the accumulation of man- ure, compost, and the like. XIII. To prohibit accumulations of garbage or rubbish upon private properties, and to prescribe penalties for the enforcement thereof. XIV. To make regulations for the care and removal of garbage and other refuse material, including the imposition and collection of reasonable fees and charges therefor; and to prescribe fines and penalties for the violation of such regulations. XV. To erect, maintain, and operate garbage plants, or to pro- vide other means for the collection, destruction or removal of garbage and other refuse material; and to provide for the payment of the cost or expense thereof ; either in whole or in part, out of the funds of the borough. XVI. To prohibit within the borough, the carrying on of any manufacture, art, trade or business, which may be noxious or offen- sive to the inhabitants. XVII. To make such other regulations as may be necessary for the health and cleanliness of the borough. XVIII. To make regulations, within the borough or within such limits thereof as may be deemed proper, relative to the cause and management of fires. XIX. To appropriate money to fire companies or for the purchase of fire engines for the use of the borough. XX. To prohibit or regulate the erection of wooden structures. 27 XXI. To make regulations for the construction of new buildings and the repair of old ones; and to require that, before the work begins, municipal approval of the plans and specifications therefor, be secured; and to provide for the inspection of such construction and repair, including the appointment of one or more building in- spectors; to prescribe limits wherein none but buildings of incom- bustible material and fire-proof roofs shall be erected or substantially re-constructed, or removed thereinto; and to provide penalties for the violation of such regulations. Any building erected, re-con- structed, or removed contrary to the provisions of any ordinance passed for any of the purposes specified in "this clause, is declared to be a public nuisance, and abatable as such. XXII. To prohibit the manufacture, sale or exposure of fire works or other inflammable or dangerous articles; to prescribe the quantities of inflammable articles that may be kept in one place ; and to prescribe such other safe-guards as may be necessary. XXIII. To make regulations respecting partition fences and the foundations and party -walls of buildings. XXIV. To prescribe reasonable fees for the service of their of- ficers in the adjustment of party-walls, partition fences, and the like, and to enforce the payment of the same. XXV. To regulate, license or prohibit theatrical exhibitions, amusements and other exhibitions; and in connection therewith to impose fines, to be collected by an action of debt, or penalties, to be enforced in a summary proceeding. XXVI. To regulate markets and peddling and to provide for the inspection of milk. XXVII. To regulate annually the scales, weights and measures, according to the standard of the Commonwealth ; and to regulate the inspection and measurement or weight, of articles offered for sale in the borough. XXVIII. To levy and collect annually a tax on the owners of dogs and bitches, not exceeding one dollar on the owner of but one dog, or two dollars on the owner of but one bitch, and to levy and collect such additional tax on the owners of more than one dog or bitch, and in such ratio of increase/ as they may deem proper. XXIX. To prohibit or regulate the running at large of dogs ; and in the enforcement of such regulations to direct the killing of dogs or their seizure and sale for the benefit of the borough. XXX. To prohibit and regulate the running at large of other animals and to authorize their seizure and sale for the benefit of the borough. XXXI. To impose fines and penalties incurring partial or total forfeitures, or to remit the same. XXXII. To provide a lock-up for the temporary detention of persons. XXXIII. To display the flag of Pennsylvania or the flag of any county, city, borough, or other municipality in the State, on the pub- lic buildings of the borough. XXXIV. To enter into contracts with any street passenger rail- way company, surface, elevated, or underground, or motor power company leasing and operating the franchise and property of such company within the limits of the borough, regulating the franchises, powers, duties, and liabilities of such companies and the respective rights of the contracting parties. Such contracts may, inter alia, provide for payments by the companies to the borough, in lieu of the performance of certain duties or the payment of license fees or charges, imposed in favor of such borough by the charters of the re- spective companies or by any general law or ordinances; for the ap- pointment by the borough of a certain number of persons to act as directors of such company, in conjunction with the directors elected by the stockholders of such company; and may further provide for the ultimate acquisition by the boiough upon terms mutually satis- factory, of the leaseholds, property and franchises of the contract- ing companies. XXXV. To take by right of eminent domain for the purpose of appropriating to themselves, for the use of the National Guard of Pennsylvania, such public lands, easements and public property as may be in their possession or control and used or held by them for any other purpose. Such right, however, shall not be exercised as to any street or wharf, but all other public easements and property may be appropriated and used for the purposes herein provided, any limitation of the use thereof by the borough either by donation, dedi- cation, appropriation, statute, or otherwise to the contrary notwith- standing. XXXVI. To appropriate money or convey land, either independ- ently or in conjunction with any county, city, town, borough or other municipal division, to the Commonwealth of Pennsylvania, for the purpose of assisting the armory board of the Commonwealth of Pennsylvania in the erection of armories for the use of the National Guard; and to furnish water, light, or fuel, free of cost to the Com- monwealth of Pennsylvania, for use in any armory of the National Guard; and to do all things necessary to accomplish the purposes of this clause. XXXVII. To appropriate money for the expenses of Memorial Day services. XXXVIII. To appropriate annually to each camp of the United Spanish War Veterans, and of the army of the Philippines, and to each post of the American Veterans of Foreign Service, in the bor- ough, a sum not exceeding fifty dollars to aid in defraying the ex- penses of Memorial Day. 29 XXXIX. To make, and they are hereby so required, annual ap- propriations, to each post of the grand army of the Republic, in the borough, in a sum not exceeding fifty dollars to aid in defraying ex- penses of Memorial Day. CHAPTER VI. SPECIAL POWERS. ARTICLE I. EMINENT DOMAIN. Section 1. Boroughs may enter upon the lands and premises of any person, for the purposes authorized by this act. Section 2. No borough shall exercise the right of eminent domain as against land now occupied by any building which was used dur- ing the Colonial or Revolutionary period, as a place of Assembly by the Council of the Colony of Pennsylvania, the Supreme Execu- tive Council of the Commonwealth of Pennsylvania or the Congress of the United States; or as against the land occupied by any fort, redoubt or blockhouse erected during the Colonial or Revolutionary period, or any building used as headquarters by the Oomm'ander-in- chief of the Continental Army; or as against the site of any build- ing, fort, redoubt, blockhouse or headquarters which are preserved for their historic associations, and not for private profit. The Colo- nial and Revolutionary period shall be taken as ended on the third day of September, one thousand seven hundred and eighty-three. Section 3. Whenever, in any condemnation proceedings, any bor- ough has tendered a bond to secure the payment of damages, and the same has been accepted, or, if the acceptance has been refused and the bond has been filed in and approved by the court, the borough shall have the right to immediate possession of the property. Section 4. If the owner, lessee or occupier shall refuse to remove his personal property or give up possession, the borough may serve written notice upon such owner, lessee or his agent, or the occupier, to remove his personal property and give up possession of such prop- erty, within sixty days from the date of the service of such notice. Section 5. If the owner, lessee or occupier shall refuse to remove his personal property and give possession, upon proof of the service of the notice, specified in section four of this article, a writ of habere facias possessionem shall forthwith issue, directing the sheriff to give to the borough possession. Section 6. Whenever any court of quarter sessions shall order any borough to enter security for the payment of damages for the taking of land for any street or road, the bond of the borough shall be taken without sureties. Section 7. In all cases of the appropriation of land for public use, other than for roads or streets it shall not be lawful to assess any portion of the damage done to or value of the land so appropriated, against the other property adjoining or in the vicinity of the land so appropriated. Section 8. Viewers or juries of view appointed by any court to assess damages and benefits, due to the taking, injury or destruction of private property in and by the construction or enlargement of any public work, highway or improvement, shall make their reports within a time which the court shall fix when appointing them 1 . Section 9. If any of the viewers, or juries of view, appointed as provided in the preceding section, shall, for any reason appearing sufficient to the court, be unable to file its report within the period so fixed, the court may, either before or after the expiration of the time fixed, extend the time for the filing of such report. Section 10. In any proceeding to ascertain the damages caused to any owner of lands, by reason of the appropriation of a right of way or easement by any borough, where the owner and borough can- not agree upon the amount of damage done, the parties, may, by agreement, waive the right to have such damages assessed and the owner may file his claim in the court of common pleas of the county, and rule the defendant to plead thereto within fifteen days from the service of such rule upon the borough, and the suit shall be proceeded with as if an award of viewers had been filed and an appeal had been taken therefrom. Section 11. Either party to such an action may on motion, have the jury visit and view the premises over or through which the pro- posed right of way or easement may extend. Section 12. In all cases of damages assessed against any borough for property taken, injured or destroyed by the construction or en- largement of their works, highways or improvements, whether such assessment shall have been made by viewers or otherwise, than upon trial in court, and an appeal is not provided for, an appeal may be taken by either party to the court of common pleas of the county within thirty days from the filing of the report. Section 13. Any appeal taken pursuant to the preceding section shall be signed by the party taking the same or by his agent or at- torney, and shall be accompanied by an affidavit of the party appell- 3H 31 lant, or of the agent or attorney, that the same is not for the purpose of delay, but because the affiant firmly believes that injustice has been done. Section 14. When no appeal is taken in accordance with the pro- visions of sections twelve and thirteen of this article and judgment is entered, and the party to whom damages have been awarded, re- fuses to accept payment of such award or judgment, then it shall be lawful for such borough, upon petition to the court, after notice as ordered by court, to pay the amount of the award and costs into the court. The court, upon such payment, shall order the satisfac- tion of the award or judgment. CHAPTER VI. SPECIAL POWERS. ARTICLE II. CONDEMNATION PROCEEDINGS IN COURT OF COMMON PLEAS. Section 1. In the laying out, opening, widening, extending, va- cating, grading or changing the grades or lines of streets, lanes or alleys, the construction of bridges and the piers and abutments there- for, the construction of slopes, embankments and sewers, the erection and extension of water- works, wharves and docks, public buildings, public works and libraries, ' the establishing of parks and play- grounds, and the changing of water courses, a borough may enter upon, appropriate, injure or destroy private lands, property or ma- terial. 'Section 2. In case the compensation for damages or benefits ac- cruing therefrom have not been agreed upon, any court of common pleas, or any law judge thereof in vacation on application thereto by petition by the borough, or any person interested, shall appoint three viewers from the board of viewers of the county, and appoint a time, not less than twenty nor more than thirty days thereafter, when the viewers shall meet upon the line of the improvement and view the same and the premises affected thereby. Section 3. The viewers provided for in the preceding section may be appointed before or after the entry, appropriation, or injury of any property or materials, for constructing such improvements. Section 4. The viewers shall give at least ten days notice of the time of their first meeting, by publication in one or more newspapers of the county. Where the publication is in more than one news- paper, one of the newspapers may be in the German language, and by hand-bills posted upon the premises, or otherwise, as the court shall direct. Section 5. The viewers, having been sworn or affirmed faithfully, justly and impartially to decide, and a true report to make concern- ing all matters to be submitted to them, and in relation to which they are authorized to inquire, and having viewed the premises and examined the property, shall hear all parties interested and their witnesses, and shall determine the damages for property taken, in- jured or destroyed, and to whom the same is payable; and having determined the damages, together with the benefits, they shall pre- pare a schedule thereof. Section 6. 'The damages may be paid in whole or in part by the borough, or may be assessed in whole or in part upon the property benefited. In the latter case, the viewers having first determined the damages apart from the benefits, shall assess the total cost of the improvement or so much thereof as may be just and reasonable, upon the properties peculiarly benefited, including in the assessment all parties for which damages have been allowed, and shall report the same to the court. The total assessments for benefits shall not ex- ceed the total damages awarded or agreed upon. Section 7. In proceedings to assess damages and benefits, if the property is both benefited and damaged by such improvements, the excess of damages over benefits, or the excess of benefits over dam- ages, or nothing, in case the benefits and damages are equal, shall be awarded to or assessed against the several owners of property af- fected thereby. Section 8. The preceding section shall not prevent the viewers from making a separate report of the damages and benefits, respec- tively. In such event, if the damages to the property of any person be greater than the benefits, or if the benefits be greater than the damages, or if the damages and benefits be equal, in either case the viewers shall strike a balance and carry the difference forward to another column, so that the assessment shall show what amount is to be received or paid by the property owner and the difference only shall be collectible of or paid to such property owner. Appeals taken from the report of the board of viewers shall be from/ such net amount only. Section 9. The viewers shall give notice to all parties to whom Jnages are allowed, or upon whom assessments for benefits are de, of a time, not less than ten days thereafter, and of place where the viewers will meet and exhibit their schedule, and hear all ex- ceptions thereto. Section 10. Such notice shall be given, in the manner provided by law for the service of a summons in a personal action, if the parties can be found in the borough, or upon an adult person residing upon the property affected by the assessment in case the owner or reputed owner cannot be found ; and to all others by publication in the news- paper or newspapers in which the first notices of the view were pub- lished, and by posting conspicuously on the premises. Council may, by ordinance, provide by whom the notice shall be served and posted, and fix the compensation for such service. Section 11. After making whatever changes are necessary, the viewers shall report to the court, showing the damages and benefits allowed and assessed in each case, and file therewith a plan showing the improvement, the properties taken, injured or destroyed, and properties benefited. Section 12. When the report is filed, notice thereof shall imme- diately be given by publication once in the newspapers publishing the notice provided for in section four of this article. Such notice shall state the date of filing of the report, contain a schedule of the damages allowed and benefits assessed, and shall state that unless exceptions be filed thereto within thirty days from the date of filing, the report will be confirmed absolutely. Section 13. The cost of the proceedings including court costs shall be paid by the borough. Section 14. In all cases where the parties have not agreed upon the damages claimed, or where, by reason of the absence or legal incapacity of the owner, no such agreement can be made, the bor- ough may tender sufficient security to the party entitled to damages, or to the attorney or agent of any person absent, or to the agent or officer of a corporation, or to the guardian or committee of anyone under legal incapacity. Section 15. The condition of the security shall be, that the bor- ough shall pay or cause to be paid, such amount of damages as the party shall be entitled to receive, after the same shall have been agreed upon by the parties, or assessed in the manner provided for by this article. In case the party claiming damages refuse to ac- cept the security tendered, the borough shall give the party or his agent, attorney, guardian or committee, a written notice of the time when the same will be presented in court. Section 16. If approved by the court, the security shall be filed for the benefit of those interested and recovery may be had thereon for the amount of damages assessed. If the damages be not paid, they may be collected by execution on the judgment in the issue framed to try the question. Upon the approval of the security, the borough may proceed with the improvement. Section 17. Within thirty days after the filing of any report, any party interested may file exceptions to the same ; and the court shall confirm, modify or change the same, or change the assessments made therein, or refer it back to the same or new viewers. Section 18. When the report is filed, the prothonotary shall mark it, confirmed nisi. In case no exceptions are filed thereto, he shall enter a decree that the report is confirmed absolutely. Section 19. When exceptions are filed, which affect the entire re- port, the same shall not be confirmed absolutely as to any part thereof until the exceptions have been finally disposed of when the excep- tions do not affect the entire report, the court may confirm the as- sessments to which exceptions have not been taken. Section 20. Within six months after the confirmation of any re- port, any party interested, may appeal, from the decree of the court below, to the superior or supreme court, as the case may be. Section 21. W T here any appeal is taken from the action of the court confirming any viewers' report or part thereof, if the appeal affects the entire report, it shall have the effect of suspending the absolute confirmation thereof, until the appeal is finally disposed of; but where the appeal is to matters which do not affect the entire report or any other assessment, such appeal shall affect only the par- ticular assessment for which the appeal is taken. Section 22. In order to determine whether any appeal affects the entire report or any particular assessment, the appellant shall file in the court below, before or at the time of filing his writ of cer- tiorari, a copy of his specifications or assignments of error or grounds of appeal. Upon failure so to do, the borough or any party inter- ested may, by notice or rule upon the appellant, cause such specifi- cations, assignments of error, or grounds of appeal, to be filed. Section 23. Upon the request of the borough or any party in- terested, the court below or any judge thereof in vacation, shall cer- tify whether the appeal affects the entire report, and said certificate shall be conclusive. Where the court or judge certifies that the appeal will affect the entire report, no further proceedings shall be taken in the court below, until after the final action of the appellate court; but where the court or judge certifies that the ap- peal will affect only a particular assessment, then the confirmation of all other assessments shall be final. Section 24. If, on any apipeal, the action of the court below is affirmed, the date of the decree or judgment of the appellate court shall be taken as the day on which the report was finally confirmed. Section 25. Where any appeal is taken to the supreme court, and an appeal is also taken to the superior court, and the appeals in both cases are substantially the same, the superior court may 35 certify such appeal to the supreme court, to be heard with the other appeals from the same report. Section 26. The supreme court shall consolidate all such appeals and hear them as one case. Where several appeals are taken from the confirmation of the same report, either to the superior or su- preme court and the grounds of appeal are similar, the appellate court may consolidate the appeals. Section 27. Several parties may unite in a single appeal, either to the superior or supreme court, where the grounds of appeal are sim- ilar; but the uniting of the appellants shall not unite the amounts, or change the jurisdiction. When the appeal, if taken by each ap- pellant singly would be to the superior court, then the appeal shall be to that court; but if the appeal of any one appellant would be to the supreme court, then the joint appeal shall be to that court. If an appeal has been taken the supreme court, any other party, without regard to the amount involved, if the grounds of appeal are similar, may appeal to the same court, and join in such appeal. Section 28. Within thirty days after any report of viewers is filed in court, any party whose property is taken, injured or de- stroyed, or who is assessed benefits, may appeal to the court of com- mion pleas and demand a trial by jury. Section 29. The appeal as provided in the last preceding section shall state the grounds upon which it is taken, and shall be signed by the appellant or by his agent or attorney; and shall be accom- panied by an affidavit that it is not taken for the purpose of de- lay, but because the appellant firmly believes that injustice has been done. Section 30. Upon the trial of any such appeal, in case the party appellant does not obtain a verdict more favorable than was the re- port of viewers, as finally confirmed, the appellant shall not recover any costs. Section 31. The court of common pleas shall order what notices shall be given in connection with such proceedings and may by rule or otherwise prescribe the form of pleadings. After verdict and final judgment, either party may appeal to the superior or supreme court. Section 32. Should any appeal under this article be made to the wrong court, such court shall certify the appeal to the court to which it should have been taken. Section 33. No appeal taken under this article shall prevent the filing of liens by any borough for any assessment made by any such report, but, upon the final termination of the issue, the court shall make such order, as to the lien filed, as shall appear right and proper. Section 34. If any borough shall repeal any ordinance or discon- tinue any proceeding, providing for any of the improvements men- tioned in this article, prior to the entry upon, taking or injury to any property or materials, and within thirty days after the filing of the report of viewers, the borough shall not be liable to pay any damages which have been assessed, but all costs upon any such prcx- ceeding shall be paid by the borough, together with any actual dam- age sustained by reason of such proceeding. Section 35. All assessments for benefits, costs and expenses shall bear interest at the expiration of thirty days after they shall have been finally ascertained, and shall be payable to the treasurer of the borough. CHAPTER VI. SPECIAL POWERS. ARTICLE III. DAMAGES FOR INJURY TO PROPERTY. Section 1. The right to damages against boroughs, is given to all owners or tenants of lands, property, or material abutting on, or through which pass roads, streets, lanes or alleys, injured by the laying out, opening, widening, vacating, extending or grading of such roads, streets, lanes or alleys, or the changing of the grades or lines thereof; the construction and the vacation of bridges and piers, abutments and approaches therefor, and the construction of sewers, over, upon, or through such lands or property. Section 2. All juries of view appointed for assessing damages or benefits for taking, using, occupying or injuring lands, property or material, are directed to assess the damages provided for in sec- tion one of this article, against boroughs, and the benefits in connec- tion therewith, and make a report thereof to the court. Section 3. The right of appeal to the court of common pleas, the right of trial by jury, and the right to file exceptions are given to any party not satisfied with such report. Section 4. After disposal of exceptions, or after verdict and final judgment any interested party may appeal to the superior or su- preme court as in other cases. Section 5. Whenever viewers are appointed to vacate any road, street or highway, and the vacation of the same takes no land from the owner abutting thereon, if, in the opinion of the viewers such vacation damages the property of the abutting owner, they may award 37 damages to such owner as though land has been actually taken, and such damages shall be ascertained as provided in chapter six, ar- ticle two of this act. CHAPTER VI. SPECIAL POWERS. ARTICLE IV. OPENING, WIDENING, EXTENDING, STRAIGHTENING AND VACATING STREETS. (a) WITHOUT PETITION. Section 1. Boroughs may survey, lay out, open, widen, straighten, extend or vacate streets, lanes, alleys, and courts or parts thereof without petition of property owners. No such street, lane, or alley shall be open for public use until the damages shall be liquidated. Section 2. Ten days notice of the contemplated improvement shall be given by the borough, by not less than ten handbills posted on the line of the proposed improvement and in such notice shall be designated a time and place where objections thereto shall be heard. Section 3. Any ordinance authorizing the exercise of any power conferred by section one of this article, shall be adopted by the affir- mative vote of three-fourths of the whole number of councilmen, and shall be approved by the burgess. No such ordinance shall be finally adopted until the expiration of thirty days from the date of its introduction, and in the meantime copies thereof shall be pub- lished in each of the newspapers of the borough, once a week for three consecutive weeks immediately following the introduction thereof. In case no newspaper shall be published in the borough, then in one newspaper published in the county. Section 4. No owner or occupier of lands, buildings or other improvements shall erect any buildings or make any improvements within the lines of the roads, streets, lanes, alleys, or courts laid out, widened, or straightened or proposed to be laid out, widened, or straightened, after notice thereof. If any such erection or improve- ment shall be made, no allowance shall be had therefor in the assess- ment of damages. 38 Section 5. Viewers shall be appointed, damages awarded, and benefits assessed as provided in chapter six, article two, in the case of property taken, injured or destroyed. Any costs and expenses which cannot be assessed upon property benefited shall be paid by the borough. Section 6. Any street, lane or alley opened pursuant to this ar- ticle, or by agreement of parties, is a public highway.. (b) ON PETITION TO THE COUNCIL. Section 7. Boroughs may, upon petition, open, widen, straighten, extend or vacate streets and alleys, or parts thereof. Section 8. The petition shall be signed by a majority in num- ber and interest of the owners of property abutting on the line of the proposed improvement, as fixed at the time of its presentation, and shall be verified by the affidavit of one or more of the petition- ers. The majority in interest of owners of undivided interests in any piece of property shall be deemed as one person for the purposes of the petition. Section 9. Any ordinance authorizing the exercise of any power conferred by section seven of this article shall be adopted by the affirmative vote of three-fourths of the whole number of councilmen, and shall be approved by the burgess. No such ordinance shall be finally adopted until the expiration of thirty days from the date of its introduction, and in the meantime copies thereof shall be pub- lished in each of the newspapers of the borough, once a week for three consecutive weeks immediately following the introduction thereof, and in case no newspaper shall be published in the borough, then in one newspaper published in the county. Section 10. Upon the approval of any ordinance passed pursuant to section seven, of this article, notice shall, within ten days, be given, by handbills posted in conspicuous places along the line of the proposed improvement. The notice shall state the fact of the pass- age of the ordinance and the date thereof, that the petition for the improvement was signed by a majority in interest and number of the owners of property abutting the line of the proposed improvement, and that any person interested, denying the fact that such petition was so signed may appeal to the court of common pleas of the county within sixty days after the passage thereof. Section 11. Any person interested, may within sixty days from the passage of the ordinance present a petition to the court of com- mon pleas of, the county, whereupon the court shall determine whether such improvement was petitioned for by the requisite m'ajority. If said court shall find that it was not so petitioned for, it shall quash the ordinance, otherwise it shall approve the same. Section 12. If no appeal shall be taken or if the court on appeal shall approve the ordinance, the borough may proceed with the im- provement. Thereafter all parties interested shall be estopped from denying the fact that the petition was signed by the requisite ma- jority of the property owners as required by section eight of this ar- ticle. Section 13. Viewers shall be appointed, damages awarded, and benefits assessed as provided in chapter six, article two of this act, in the case of property taken, injured or destroyed. Any costs and expenses which cannot be assessed upon property benefited shall be paid by the borough. (c) TIME WITHIN WHICH STREETS AEE TO BE OPENED. Section 14. Whenever any borough shall pass an ordinance au- thorizing the laying out or surveying of any road, street, lane, alley or court over private property, the proceedings to open the same and to assess the damages arising therefrom, shall be had not later than two years from the passage thereof. Section 15. Whenever any street, lane or alley shall be laid out by any person, and has not been opened to, or used by the public for twenty-one years, such streets, lanes, or alleys shall not thereafter be opened without the consent of the owners of the land on which the same has been so laid out. CHAPTER VI. SPECIAL POWERS. ARTICLE V. VACATION OF ROADS AND STREETS. (a) ROADS LAID OUT BY THE COMMONWEALTH. Section 1. Boroughs may vacate, in whole or in part, stree lanes and alleys within their limits, laid out by the Commonwealth, whenever the same shall have remained unopened for a period of thirty years. Section 2. In exercising the power provided for in the preceding section, the proceedings for the ascertainment of damages and the as- sessment of benefits, shall be as provided for in chapter six, article two of this act. 40 (b) LANES AND ALLEYS DECLARED NUISANCES BY BOARD OF HEALTH. Section 3. Whenever the board of health of the borough shall de- clare as a nuisance, any public alley, lane or passageway, any two or more owners of property adjacent or abutting upon the same may present their petition, verified by oath or affirmation, to the court of quarter sessions, setting forth the facts regarding such nuisance, and praying that said alley, lane or passage way may be vacated. Such petition shall be accompanied by a certificate of the board of health setting forth, that they have declared such alley, lane or pass- ageway to be a public nuisance. Section 4. The court shall thereupon appoint a jury of view, of three men of the county. The jury, being sworn or affirmed to faith- fully perform its duties, shall give notice to all parties likely to be affected by the proceedings, of the time and place of the first meeting, in such manner as the court shall direct. Section 5. After the first meeting, the jury shall proceed to view the premises; hear all parties interested and their witnesses; and shall prepare a report of findings and recommendations as to whether or not such alley, lane or passageway, or part thereof should be vacated, and in such report shall award damages and assess benefits to the property affected. Section 6. The jury shall give notice, in writing, to all parties affected by their report, at least ten days before the same is filed in court. The notice shall state the time and place where such report will be open to inspection. Section 7. Any person aggrieved by such report may file excep- tions thereto, with the jury, whereupon the jury shall reconsider their report with the exceptions, and change the same as justice may require. The report as finally prepared shall be filed in court. Section 8. Any person affected by the report shall have an ap- peal to the court of common pleas, within thirty days after the re- port is filed, and the procedure on such appeal shall be the same as in actions of trespass. Section 9. At the end of the period allowed for an appeal, the report shall be absolutely confirmed by the court, as to such awards or assessments from which no appeals have been taken. Section 10. No alley, lane or passage way shall be vacated in any case, where the vacating deprives any lot abutting thereon of the sole means of ingress or egress, otherwise than to or from the front line thereof, nor where it was created by grant or contract, and not theretofore accepted by the public. CHAPTER VI. SPECIAL POWERS. ARTICLE VI. ROADS PARTLY WITHIN THE BOROUGH. Section 1. In opening, widening and straightening roads partly within a borough, like proceedings shall be had as for the laying out and opening of public roads. Section 2. Every jury appointed to view, lay out, widen or vacate any road, or part of a road, in any borough laid out as provided in section one of this article, shall have reference to the town plot and to the general arrangement, convenience and advantage of the borough, and shall set forth the facts fully in their report. Section 3. All damages assessed beyond the value of the land appropriated to public use shall be paid by the borough, and the jury shall separately assess the same. Section 4. Petitions for the assessment of damages for the open- ing or widening of any road or highway when the damages are not assessed by the view opening the road, may be filed in the court of quarter sessions within the period of six years from the confirma- tion of any report, or the entry of any decree opening such road or highway. All claims shall be barred after the expiration of the period of six years. Section 5. No owner or occupier of lands, buildings or improve- ments, shall erect any buildings or make any improvements within the lines of the roads laid out, widened or straightened, or proposed to be laid out, widened or straightened after notice thereof; and if any such erection or improvement shall be made, no allowance shall be had therefor in the assessment of damages. Section 6. Whenever the authorities of any borough deem it ad- visable to construct or change any part of any public roaci under their supervision, and can agree with the property owners affected as to the damages, upon the payment of the damages agreed upon, the borough may change or alter such public road without the formality of a view. Section 7. Before any change is made in any such road, a petition, setting forth the facts, accompanied by a map, shall be presented to the court of quarter sessions ; and if approved by the court, the new location shall be taken to be the public road and the old locatio: shall be deemed vacated. 42 Section 8. The authority conferred in section six of this article, shall not extend to any change, the costs and expenses of which, in- cluding damages, shall exceed three hundred dollars. CHAPTER VI. SPECIAL POWERS. ARTICLE VII. STREET IMPROVEMENT. (a) GRADING STREETS AND ASSESSMENT OF DAMAGES. Section 1. Boroughs may lay out, establish or change the grades of streets, roads, lanes and alleys, or parts thereof. Section 2. At least ten days' notice shall be given by not less than ten handbills posted on the line of the proposed improvement, of any proposition, to establish or change the grades of streets, roads, lanes or alleys, and in such notice, a time and place shall be desig- nated where objections thereto shall be heard. Section 3. Whenever any street, road, lane or alley, is graded or changed in grade, pursuant to this article, and private property is damaged thereby, the damages may be awarded and benefits, costs and expenses, where the costs and expenses are not assessed accord- ing to the foot front rule, may be assessed as provided in chapter six, article two of this act, in the case of property taken, injured OP destroyed. (b) GRADING, CURBING, PAVING, MACADAMIZING STREETS ON PETITION, AND ASSESSMENT ACCORDING TO BENE- FITS. Section 4. Upon the petition of a majority of property owners in interest and number, abutting on the line of any proposed improve- ment, to be verified by the affidavit of at least one of the petition- ers, a majority in interest of owners of undivided interests in any piece of property to be treated as one person, a borough may grade, curb, pave or macadamize, or otherwise improve any street or alley or part thereof; or which may be, in whole or in part, boundaries thereof. 43 Section 5. The majority in interest and number required for such petitions, shall be fixed, as of the date of such petition. After the passage of any ordinance for the grading, curbing, paving or mac- adamizing, or otherwise improving any street or alley, notice shall be given, within ten days thereafter, by -handbills posted in conspicu- ous places along the line of the proposed improvement. Section 6. The notice shall state the fact and the date of the passage of such ordinance, that the petition for the improvement was signed by a majority in interest and number of owners of prop- erty abutting on the line of the proposed improvement, and that any person interested, denying the fact that said petition was so signed, may appeal to the court of common pleas of the county, within sixty days from the passage of the ordinance. Section 7. Any person interested may, within sixty days from the passage of such ordinance, present a petition to the court of com- mon pleas of the county, setting forth the facts, whereupon the court shall determine whether such improvement was petitioned for by the requisite majority. If the court shall find that it was not so pe- titioned for, it shall, quash the ordinance, but if it shall find that it was so petitioned for, it shall approve the same. If no appeal shall be taken, or if the court on appeal shall approve the ordinance, the borough may proceed with the improvement, and thereafter all par- ties shall be estopped from denying the fact that such petition was properly signed. Section 8. On petition, viewers shall be appointed, as provided in chapter six, article two of this act, who shall assess the damages, costs and expenses of such grading, curbing, paving or macadamiz- ing, or improving, upon the property benefited according to benefits, if sufficient can be found, but if not, the deficiency when ascertained, shall be paid by the borough. The proceedings of the viewers, and the proceedings on their report shall be as provided in chapter six, article two of this act. (c) GRADING, CURBING, PAVING OR MACADAMIZING STREETS AND COLLECTION OF COST BY FOOT-FRONT RULE. Section 9. Boroughs, without petition, or upon petition verified by affidavit of at least one of the petitioners, may grade, curb, pave or macadamize streets or parts thereof, and collect from the owners of real estate abutting on the improvement by an equal assessment on the foot-front, the whole cost or part thereof as follows, that is to say: I. If the petition be for curbing, paving or macadamizing, and is signed by petitioners representing two-thirds in the number of feet of properties abutting on the proposed improvement, and the real 44 estate on both sides of the street is assessable, then two-thirds of the cost may be collected. II. If the petition be for curbing, paving or macadamizing, and is signed by petitioners representing two-thirds in the number of feet of property abutting on the proposed improvement, and the real es- tate on one side only of the street is assessable, then one-half of the cost may be collected. III. If the petition be for grading, curbing, paving or macadamiz- ing, and is signed by petitioners representing four-fifths in the number of feet of property abutting on the proposed improvement, then the whole cost may be collected. IV. If the petition be for grading only, and is signed by a ma- jority in number and interest of the owners of property abutting the line of the proposed improvement, a majority of owners of undivided interest in any one piece of property to be deemed as one person, then the whole cost or any part thereof may be collected; and the council in making the assessment may provide for an equitable reduc- tion, not exceeding one-third, from the frontage of all lots at street or other intersections, where for any equitable cause an assessment for the full frontage would be unjust. V. If any street is graded, curbed, paved or macadamized with- out a petition, as provided in this section, then two- thirds of the cost may be collected. Section 10. Whenever an ordinance is passed for any of the pur- poses authorized by the preceding section, pursuant to a petition therefor, ten days' notice shall be given by hand-bills posted in con- spicuous places along the line of the proposed improvement. The notice shall state the fact and date of the passage of the ordinance, that the petition for the improvement was signed by a majority of free-holders in interest and number, or by the owners of property representing two-thirds or four-fifths in the number of feet abutting the line of the proposed improvement, as the case may be, and shall further state that any person interested, denying that the petition was so signed, may appeal to the court of common pleas of the county within sixty days from the passage of the ordinance. Section 11. Any person interested may within sixty days from the passage of the ordinance present a petition to the court of common pleas of the county, whereupon the court shall determine whether said improvement was petitioned for by the requisite majority, two- thirds or four-fifths as the case may be. If the court shall find that it was not so petitioned for, it shall quash the ordinance, otherwise it shall approve the same. Section 12. If no such appeal shall be taken or if the court on the appeal shall approve the ordinance, the borough may proceed with the improvement and thereafter all parties interested shall be estopped from denying the fact that the petition was properly signed. 45 Section 13. Whenever any improvement is proposed to be made without a petition, as provided in section nine of this article, the or- dinance authorizing and directing the improvement shall be adopted by the affirmative vote of two-thirds of the whole number of council. If the burgess approve such ordinance he shall sign it, but if he shall not so approve he shall return it with his objections to the council at the next regular meeting thereof when said objections shall be en- tered upon the minutes. At the regular meeting next succeeding the return of such ordi- nance, the council shall proceed to a reconsideration thereof, and if all the members shall vote to pass such ordinance, it shall then become of as full force as if it had been approved by the burgess, but in such case the vote shall be determined by yeas and nays and the names and votes of the members shall be entered on the minutes. If such ordinance shall not be returned by the burgess at the regular meeting next succeeding its presentation to him, it shall likewise have as full force as if it had been approved. Section 14. Whenever any improvement is proposed to be made without a petition as provided in section nine of this article, the ordinance authorizing such improvement shall not be adopted until thirty days from the date of its introduction, and in the meantime copies thereof shall be published in a newspaper circulating in the borough once a week for two weeks, and five copies thereof shall be posted in Conspicuous places, along the proposed improvement, ten days before its final passage. Section 15. All assessments made pursuant to section nine of this article shall be estimated by the council or such person as it shall designate and shall be filed with the secretary of the borough. Section 16. The secretary of the borough shall cause thirty days' notice of the assessment to be given to each party assessed, either by service on the owner or his agent or left on the assessed premises. Section 17. If any assessment shall remain unpaid at the expira- tion of the notice, it shall be the duty of the borough solicitor to collect the same, with interest from the time of completion of the improvement, by a lien, to be filed and collected in the same manner as municipal claims. When an owner has two or more lots against which there is an assessment for the same improvement, all of such lots shall be embraced in one claim. (d) GRADING, PAVING, CURBING, MACADAMIZING CON- NECTING STREETS. Section 18. Boroughs without petition of property owners, may grade, curb, pave or macadamize or otherwise improve public streets, or parts thereof, when such streets or parts do not exceed one thou- sand feet in length and connect two streets or parts of a street there- tofore improved. 46 Section 19. The ordinance authorizing such improvement shall be adopted by a vote of three-fourths of the members of council, and shall be approved by the burgess. Section 20. No such ordinance shall be finally adopted in less than thirty days from the date of its introduction, and copies of such proposed ordinance shall be published in a newspaper, circulat- ing in such borough, once a week for two weeks, and by at least five handbills posted along the line of the proposed improvement, ten days before the final passage of such ordinance. Section 21. In exercising such power, all proceedings for the as- certainment of damages and the assessment of benefits and expenses incident thereto, shall be as provided in chapter six, article two of this act. (e) GRADING, CURBING, PAVING, MACADAMIZING BOUND- ARY STREETS AND STREETS OUTSIDE LIMITS. 1. By agreement with first class townships. Section 22. Boroughs may enter into agreements with adjoining townships of the first class, for the grading, curbing, paving or macadamizing of streets and alleys, which may be boundaries be- tween such boroughs and townships, and may provide in such con- tract that the damages, costs and expenses of such improvement shall be divided between such boroughs and townships in the proportion agreed upon. Section 23. In grading, curbing, paving or macadamizing such streets or alleys, boroughs shall exercise such power only upon peti- tion of a majority of the property owners in interest and number abutting the line of the proposed improvement, within the borough limits, to be verified by the affidavit of at least one of the petition- ers, a majority in interest of owners of undivided interests in any piece of property, to be treated as one person, asking that such improvement be made. Section 24. The portion of the damages, costs and expenses agreed to be paid by the borough shall be ascertained, and the benefits inci- dent thereto shall be assessed and collected, in the manner provided in chapter six, article two of this act; but the borough may agree to pay any part of the costs, damages and expenses of such improve- ments out of the general funds. 2. By agreement with counties and townships. Section 25. Whenever the center line of any highway constitutes the dividing line between any borough and a township located in the same county, and the borough shall enter into a contract with the commissioners of the county, and the commissioners or road super- visors of the township, to grade, curb, pave or macadamize such high- 4H 47 way, in accordance with the provisions of the act of the twentieth day of May, one thousand nine hundred and thirteen, page two hundred and sixty-seven, entitled "An act providing a method whereby highways, the center line of which constitutes a dividing line between a city or borough and a township in the same county, may be altered or improved and the cost thereof apportioned," such alter- ation or improvement shall be constructed and subsequent repairs shall be made under the supervision of the authorities of the borough and in compliance with the plans to be agreed upon, in writing, between such borough and the commissioners of the county and the commissioners or road supervisors of the township. One-half of the cost of such repairs shall be borne by the borough. 3. Streets outside limits. Section 26. Boroughs may, singly or jointly with boroughs, cit- ies or counties, appropriate and expend moneys for the improvement of highways outside of the limits of such boroughs, for the purpose of connecting improved streets in such boroughs with state or state- aid highways. No such highway shall be improved which shall be more than one mile in length. (f) MAINTENANCE AND IMPROVEMENT OF CONDEMNED AND ABANDONED TURNPIKES. Section 27. When any turnpike, or part thereof, situate in the same or more than one county, shall be condemned for public use, free of tolls, and the assessment of damages therefor shall have been paid by the county; or when any turnpike company or association has abandoned its turnpike, or any part thereof; or when any turn- pike company or association has been dissolved, such turnpike, or part thereof, located within the limits of any borough, shall be main- tained and improved at the expense of the borough. (g) MAINTENANCE AND IMPROVEMENT OF STREETS CON- NECTING COUNTY ROADS. Section 28. Whenever any county shall improve any road located within any borough, under the provisions of an act, approved the thirteenth day of May, one thousand nine hundred and nine, page five hundred and twenty-seven entitled, "An act amending an act approved the twenty-second day of April, Anno Domini nine- teen hundred and five, entitled 'An act to amend an act, entitled "An act providing for the permanent improvement of certain public roads or highways in the several counties of this Commonwealth, making such improved roads and highways county roads ; authorizing the re- location, opening, straightening, widening, extension, and alteration of the same, and the vacation of so much of any such road as may thereby become necessary; authorizing the taking of property for such improvement, and providing for the compensation therefor and the damage resulting from such taking ; providing for the payment of the costs and expenses incurred in making such improvements, and in thereafter repairing and maintaining said road, and authorizing the levy of a tax to provide a fund for such purposes," approved June twenty-sixth, one thousand eight hundred and ninety-five; providing that public roads and highways may be constructed, improved, and maintained by the several counties of the Commonwealth as county roads, whether existing by other authority or laid out in whole or in part by virtue of this act ; and providing that public roads and high- ways may be originally located, laid out, and established for the pur- pose of such construction, improvement and maintenance by the several counties, in the manner and by the procedure set out in the amended act, and subject to other provisions thereof; providing for the laying out of a system of main thoroughfares, to which the es- tablishing, construction, improvement and maintenance of public roads by the counties shall be restricted after January one, one thou- sand nine hundred and seven; but providing for such establishing, construction, improvement and maintenance of roads not part of said system, upon parties interested paying not less than one-fourth of the original cost of construction; and providing that the county com- missioners of any county may provide rules regulating the use of roads constructed and maintained by the counties; and prescribing the penalties for the violation thereof,' and providing that public roads and highways located, established, constructed and improved by the several counties, in the manner and by the procedure set out in the said acts, shall thereafter be township or borough roads, and be ^maintained and improved by the proper township or borough," such road shall, by ordinance enacted by the borough council, become a borough road, and the duty of maintaining the same in repair shall devolve upon the borough in which such road lies. Section 29. Whenever any road is improved by a county, in ac- cordance with the provisions of an act, approved the eleventh day of May, one thousand nine hundred and eleven, page two hundred and forty-four, entitled "An Act providing for the original location, laying out and construction of public roads or highways in the several counties of this Commonwealth, and for the permanent improvement of certain public roads or highways therein; making such originally constructed or improved roads and highways county roads; authorizing the relocation, opening, straightening, widening, extension and alteration of the same, and the vacation of so much of any road as may thereby become unnecessary; providing that the county commissioners of any county may prescribe rules regulating the use of roads constructed or maintained by the various counties, and prescribing penalties for the violation thereof; providing for the taking of property for such improvement, the compensation to be paid therefor, and the payment of damages resulting from such tak- ing, and the manner in which such damages may be determined ; pro- viding for the payment of the costs and expenses of such construc- tion or improvement and in thereafter repairing and maintaining said roads; authorizing the levy of a tax or the issuing of bonds to provide a fund for the expense thereof; prescribing a method for improving a county road lying within or traversing a borough, and apportioning the cost of such improvement; and authorizing the va- cation of any county road," and its amendments, and when a bor- ough intervenes between two ends of such county highway and the borough has failed to improve the street or streets constituting the shortest and most reasonable route through the borough, which will connect the two ends of such highway, the councils of the borough may, by ordinance, contract with the county commissioners, that the shortest and most reasonable route through such borough be im- proved; or, when an improved county highway terminates at the limits of a borough in the same or another county, and connects with a borough street which the borough has failed to improve, and the county commissioners deem the improvement of such borough street necessary, in order to make such highway accessible to the travelling public, the councils of the borough may, by ordinance, contract with the county commissioners for the improvement of such street. Section 30. Whenever an improvement is made to a borough street, pursuant to the preceding section, the cost of such improve- ment may be divided between the borough and the county. The bor- ough ordinance, authorizing the improvement, shall stipulate what percentage of the cost, if any, the borough and county shall pay. The contract for such improvement may be taken by the borough, upon the stipulation of the county to pay its proportionate share of the cost, or the improvement may be made by joint contract with the county. Section 31. Before any highway is improved under sections twenty- nine and thirty of this artcle, the borough shall agree with the county commissioners for the maintenance of such highway. Such agreement may provide that such highway shall be kept and main- tained in repair by the borough, or by the county, and in the latter case the cost thereof shall be paid by the borough to the county. (h) ASSESSMENTS ON PROPERTY OUTSIDE LIMITS. Section 32. Whenever any street or alley, entirely within the limits of any borough, shall divide such borough from any other municipality or township, located in the same county, the property 50 on the side of the street or alley opposite the line of the borough shall, for a depth of one hundred and fifty feet, be assessed for municipal improvements on such streets or alleys, on which such property shall abut, in the manner provided by chapter six, article two of this act. (i) EXPENDITURES FOR PAVING, CURBING, MACADAMIZ- ING STREETS. Section 33. The authorities of any borough, in addition to the methods of paying for improvements prescribed in this article, may expend not exceeding one-half of the annual appropriation for roads and streets in curbing and paving or macadamizing any street, lane or alley, or part thereof. CHAPTER VI. SPECIAL POWERS. ARTICLE VIII. COLLECTION BY INSTALMENT OF COST OF GRADING AND IMPROVING STREETS. Section 1. When any borough shall authorize the grading, sub- grading, or the permanent paving and improvement of any streets or alleys, or parts thereof, and the entire cost, or any part thereof, shall be assessed against the properties abutting on such improve- ment, whether by the foot front rule or according to benefits, the council may provide in the ordinance, that the assessment may be paid in semi-annual or annual instalments. Such instalments shall bear interest at a rate not exceeding six per centum, from the date of the commencement of the work or the construction of such im- provement. Section 2. In order to provide for the payment of the cost and expense of such improvement, the council of such borough may from time to time, issue bonds in such sums as may be required, in all to an amount not exceeding the amount of assessments. The bonds shall bear the name of the street or alley to be improved, and shall rest alone for their security and payment upon such assessments; and shall be payable at periods not exceeding five years from the date of their issue, to be provided in the ordinance directing the im- provement. 51 Section 3. The bonds shall bear interest at a rate not exceeding six per centum per annum, payable semi-annually or an- nually, as the ordinance shall direct; and shall be negotiated at not less than par, and the proceeds thereof applied solely to the payment of such improvement. In case the bonds are not negotiated by the council, they may be delivered to the contractor in payment of the work, but when so delivered must be at not less than par. Section 4. Liens to secure the assessments shall be entered in the prothonotary's office of the county, in the same form and col- lected in the same manner as municipal claims are filed and col- lected. Section 5. Such assessments shall be payable at the office of the borough treasurer, or such other place as the ordinance shall pro- vide, in semi-annual or annual instalments, with interest at the rate provided from the date from which interest is computed on the amount of the assessments. The moneys so received by the borough shall be applied to the payment of such bonds exclusively. Section 6. In case of default in the payment of any instalment and interest for a period of sixty days after the same shall become due, the entire assessment and accrued interest shall become due; and the borough solicitor shall proceed to collect the same under the general laws relating to the collection of municipal claims. Section 7. Any owner of property, against whom any such assess- ment has been made, may pay the same in full, at any time with in- terest thereon to the next semi-annual or annual payment, and such payment shall discharge the lien. If any owner shall sub-divide any property after the lien attaches, he may, in like manner, discharge the same upon any sub-divided portion thereof by paying the amount for which such part would be liable. Section 8. Whenever any borough shall issue bonds, pursuant to this article, the secretary of the borough council shall keep a regis- try book, in which the bonds shall be registered. Such registry shall show the date of the issue of the bond, the amount of the bond and the name and address of the person, firm or corporation to whom the same was issued, which shall also be noted on the back of such bond. Section 9. The bonds may be transferred at any time, and the sec- retary shall make the proper entry of any such transfers in the reg- istry book and on such bonds, and shall file all assignments among the records of the borough. Payment of such bonds and interest thereon shall be made only to the last registered owner. 52 CHAPTER VI. SPECIAL POWERS. ARTICLE IX. STREETS AND HIGHWAYS CROSSING RAILROADS. Section 1. Every borough constructing a highway across a rail- road, shall construct the same above or below the grade thereof, un- less permitted in the manner provided in this article, to construct the same at grade, and the cost of the work shall be paid one-half by the borough and one-half by the railroad company. Section 2. Whenever any borough, constructing a new highway shall decide to cross a railroad at grade, a petition shall be pre- sented by the borough to, the court of common pleas of the county, within which such crossing is situate, upon ten days' notice to the railroad. The petition shall describe the proposed construction, and set forth the reasons which are supposed to make the same neces- sary. Section 3. The court of common pleas, upon such notice as it shall deem sufficient, shall examine the matter, either by evidence, by reference to a master or commissioner or otherwise, and if sat- isfied that such construction is reasonably required to accommodate the public, or to avoid excessive expense in view of the small amount of traffic on the highway or railroad, or in view of the difficulties in construction, it shall make an order permitting such crossing at grade, prescribe what gates, signals or other safeguards shall be maintained by the railroad company, in addition to the signals and safeguards prescribed by statute. Section 4. All costs and expenses of the proceedings shall be ascer- tained and allowed by the court of common pleas, and shall be paid by such party as it shall decide, or be apportioned between the par- ties and may be collected by execution. Section 5. Any borough may, at its own cost, vacate and alter any railroad grade crossing of a highway, by passing the highway over or under the grade of the railroad; but no highway which has been constructed at grade by permission of the court of common pleas, shall be vacated or altered without like permission, unless by agreement with the railroad company. Section 6. Such alteration shall not, without the consent of the railroad company create a steeper gradient of such railroad than the established gradient in the same direction. 53 Section 7. The borough shall give thirty days' notice to the rail- road company of any such proposed vacation or alteration, with plans and details thereof. Section 8. If the highway is to be carried under the railroad, the railroad company shall support the railroad tracks during the pro- gress of the work, and in case of failure so to do, the borough may enter upon the railroad and provide for such supiport. Section 9. If any additional lands are necessary for such vacation or alteration of highways, or the locations of any highways, such lands may be purchased or taken by condemnation, and the cost of the same shall become a part of the cost of the alterations. The railroad companies interested in the improvements shall have notice of such condemnation proceedings and the right to be heard therein, and no purchase shall be made without the approval of the railroad company. Section 10. In case the parties interested cannot agree upon the damages sustained by any person, the same shall be determined by a jury of view as provided in chapter six, article two of this act, upon petition brought by any party claiming to be damaged. The peti- tion shall be filed within one year after the decree of the court as provided in section five of this article. Section 11. Wherever any railroad is crossed at grade by a street or highway, and the railroad company shall have constructed, or there shall have been constructed by others with such company's consent, a subway or an overgrade crossing, sufficiently near such crossing to reasonably accommodate the travelling pub- lic, the court of quarter sessions of the county, upon petition of any person, may, if satisfied that such subway or overgrade cross- ing reasonably accommodates the travelling public, after notice to any corporation occupying such street with tracks, wires, pipes or conduits, and after testimony, the court may order that the street or highway where it crosses the railroad at grade and its approaches on both sides, shall be vacated. Section 12. Thereafter the subway or the overgrade crossing and its approaches on both sides shall be substituted therefor, and shall be a public highway, and be maintained by the proper authorities; and any company which had rights upon the street or highway va- cated, shall have the same rights upon such subway and overgrade crossing so opened, and may connect the same with its system with- out obtaining further consent. 54 CHAPTER VI. SPECIAL POWERS. ARTICLE X. PLANS AND LOCATION OF STREETS. (a) PLANS OF STREETS. Section 1. Every borough shall have a general plan of its streets and alleys, including those which have been laid out, but not opened. Section 2. The plan shall be filed in the office of the engineer or other proper office of the borough, and all subdivisions of prop- erty thereafter made shall conform thereto. Section 3. The location of streets or alleys, laid out by council, shall not afterwards be altered without the consent of council; and no map or plot of streets or alleys, sliall be entered in any public office of the county until approved by council. (b) LOCATION OF STREETS. Section 4. Boroughs may, by ordinance, locate streets and alleys, and include therein streets and alleys theretofore opened or used for highway purposes; and may locate streets or alleys theretofore opened or used for highway purposes, of a greater width; and may revise the lines of such streets or alleys in accordance therewith, and place the same on the general plan of such borough. All subdivisions of property thereafter made shall conform thereto. Section 5. No such location shall authorize the entry upon or ap- propriation of any property, within such located street or alley, not theretofore opened or used for highway purposes ; nor shall the same interfere in any way with the rights of the owners to the full use of such property. Section 6. No person shall recover any damages for the taking, for public use, of any buildings or improvements constructed within the lines of any located street or alley, after the same shall have been so located; and any such building or improvement shall be re- moved at the expense of the owner. 55 CHAPTER VI. SPECIAL POWERS. ARTICLE XI. SIDEWALKS. (a) GRADING, PAVING, REPAIRING SIDEWALKS, CURBS AND GUTTERS. Section 1. Boroughs may ordain and lay out sidewalks, curbs, gutters and drains on the streets of the borough. Section 2. Boroughs may ordain and lay out sidewalks, gutters and drains upon the beds of turnpike roads, or state highways, with the consent of companies controlling such turnpikes, or the state highway commissioner. Section 3. Boroughs may ordain and lay out sidewalks, gutters and drains upon land abutting the sides of state highways, and upon land abutting the sides of public roads, where such roads are out- side the borough limits, and the land upon which such sidewalks are to be laid out, if within the borough limits. Section 4. Boroughs shall fix the width of all sidewalks and may require the grading, paving and repairing of sidewalks, and the con- structing and repairing of curbs and gutters, at the edge of side- walks, by the owners of lots fronting thereon. Section 5. The borough may pay a portion of the cost and expense of grading and curbing sidewalks. Section 6. Upon the neglect of any owner of lots to comply with the requirements as provided in the preceding sections of this article, the borough may, after notice, cause the grading, paving, repairing, curbing and guttering to be done at the cost of such owner, and may collect the cost thereof and ten per centum additional, together with all charges and expenses, from such owner, and may file a municipal claim therefor or collect the same by action in assumpsit. Section 7. All such notices shall be served upon the owner of the premises to which the notice refers, if such owner be a resident of the borough. If the owner is not a resident, then the notice may be served upon the agent or tenant of the owner, or upon the occupant of such premises. If the owner have no agent or tenant, or there be no occupier of such premises, then service shall be by printed or written notice posted upon the premises. 56 (b) LAYING OUT SIDEWALKS, GUTTERS AND DRAINS ALONG THE SIDES OF TURNPIKE ROADS. Section 8. Boroughs may ordain and lay out sidewalks, gutters and drains upon land abutting the sides of turnpike roads, and may fix the width thereof. Section 9. Whenever any borough shall open, lay out and ordain sidewalks, gutters and drains upon lands abutting along the sides of turnpike roads, the borough may apply, by petition, to the court of common pleas, setting forth the facts, and describing the locality of such sidewalks, gutters and drains, and praying the court to ap- point three viewers from the county board of viewers. Section 10. The viewers shall view the premises described in the petition, and having regard to the advantages and disadvan- tages caused to the property along the line of such improvement, shall allow to all persons injured thereby, such damages as they shall have sustained over and above all advantages, and shall make all assessments for contribution upon such properties as shall be bene- fited. Section 11. The viewers shall report to the next session of the court, describing the properties upon which assessments have been made, specifically stating whether for contribution or for dam- ages, with the amounts respectively, and the court may at any sub- sequent session on the hearing of such parties as choose to contest the same, modify and confirm the report, which confirmation shall be final. The borough may collect such assessments for contribution by municipal claim or by action of assumpsit. CHAPTER VI. SPECIAL POWERS. ARTICLE XII. SEWERS. (a) POWER TO LAY OUT AND ASSESS ACCORDING TO BENEFITS. Section 1. Boroughs may lay out and ordain such common sew- ers and drains, as may be necessary, in any street or alley, or through or over private property. 57 Section 2. On petition viewers shall be appointed as provided in chapter six, article two of this act, who shall assess the dam'ages, costs and expenses of the sewer upon the property benefited accord- ing to benefits, if sufficient can be found, but if not, then the deficiency, when finally ascertained, shall be paid by the borough. The proceedings of the viewers, and the proceedings on their report, shall be as provided in chapter six, article two of this act. (b) SEWER SYSTEMS AND ASSESSMENT ACCORDING TO FOOT FRONT RULE. Section 3. Any borough may, by ordinance, adopt and construct such system of sewers, as may be necessary, for the disposal of sew- age matter. Section 4. The borough shall fix the places along the streets, al- leys and courts where such sewer-mains or drains, and branches thereof shall be laid down, and shall prescribe the manner in which they shall be constructed. Section 5. No contract for the construction of any such sewer sys- tems shall be entered into, until a permit for the construction of the same shall have been obtained from the commissioner of health. Section 6. Whenever any borough shall determine to construct any sewer as provided in section three of this article, it shall, by ordinance, assess the cost thereof as a sewage tax upon the property adjoining or adjacent to the same, either by the foot front rule or in such other manner as to the burgess and town council may seem equitable, which assessment duly certified under the seal of the bor- ough, attested by the burgess or the president of council and secre- tary, shall be collectible from the owner of such property. Section 7. Such certificate of assessment shall be prima facie evi- dence, in any suit for the recovery of the same, of the correctness and validity of such assessment. Section 8. If the owners of property against which assessment for sewage tax have been made, shall refuse to pay such assessments within sixty days after notice of the same, the borough may immedi- ately file a claim therefor against the property upon which such as- sessments have been made. Such claims shall be filed and collected in the same manner as municipal claims are filed and collected. Section 9. The borough may enforce by penalties, such regula- tions as it may ordain with reference to the use and maintenance of such sewage system. Section 10. The borough may extend the necessary sewer-mains and outlets beyond the limits of such borough, to a point, where such sewage is to be disposed; and shall have power to enter upon and condemn such lands, property and materials for the construc- tion of all such sewer-mains, outlets and works, as may be necessary for the disposal of such sewage. 58 Section 11. No ordinance for any such construction beyond the limits of the borough, or any works connected therewith, shall be adopted until notice thereof has been given, by publication of the proposed ordinance, for at least four weeks in one newspaper pub- lished in the borough or county, and also by serving copies of such proposed ordinance, upon all land owners through whose land such sewer is to pass, at least ten days before final action thereon. Section 12. Before entry shall be made upon private property, without the owner's consent, for the purpose of laying any such sewer or outlet, or constructing any such works, security for all damages which may be done shall first be given to such owner, in such form and in such amount as the court of common pleas of the county may direct. All damages caused by the construction of any such sewer or works, or by the taking of lands and materials therefor, shall be ascertained in the manner provided in chapter six, article two of this act for property taken, injured, or destroyed, and shall be paid out of the borough treasury. (c) JOINT SEWERS. Section 13. Boroughs may enter into agreements with munici- palities or townships, for the purpose of building sewers, including trunk line sewers or drains, and sewage-disposal plants. Such agree- ment shall provide for the joint maintenance of the same. Section 14. No such sewer or plant shall be constructed until plans and specifications have been submitted to the State Depart- ment of Health, and approved in accordance with provisions of the act of April twenty-second, one thousand nine hundred and ve, page two hundred and sixty, entitled "An act to preserve the purity of the waters of the State, for the protection of the public health." Section 15. Any borough may connect with an existing sewer, owned by any adjacent municipality, for sewage purposes, in the manner prescribed in sections sixteen, seventeen and eighteen of this article. Section 16. Whenever any borough shall desire to connect with the existing sewer or any adjacent municipality, an application shall be made by council, to the court of quarter sessions of the county, setting forth that fact. Section 17. If the court shall be of the opinion that such connec- tion can be made, without impairing the usefulness of the existing sewer, it shall appoint three viewers, who shall view the premises and investigate the facts of the case, and shall assess the proportion- ate part of the expense of building the original sewer, upon such borough, and shall fix the proportion of the expense for repairs, which each municipality shall thereafter bear, and determine all other ques- tions liable to arise in connection therewith. 59 Section 18. The viewers shall report to the court the result of their investigation, which report shall be confirmed within thirty days, unless exceptions thereto be filed. After confirmation of such re- port or the disposal of any exceptions, any party interested may ap- peal from the decision of the court of quarter sessions to the su- perior court. (d) ACQUISITION OF SEWER SYSTEMS. Section 19. Any borough, in which any person, firm or corpora- tion is maintaining sewers and culverts, with the necessary inlets and appliances, for surface, under surface and sewage drainage, may become the owner of such sewers, culverts, inlets and appliances by paying therefor the actual value of the same at the time of the tak- ing by the borough. Section 20. In case of disagreement the amount to be paid, shall be ascertained in the same manner as damages are ascertained under chapter six, article two of this act. In the same proceeding the viewers shall assess the costs and expenses of the sewers, cul- verts, inlets and applicances, acquired by the borough upon the prop- erty benefited, according to benefits, if sufficient can be found; but, if not, then the deficiency, when ascertained, shall be paid by the borough. (e) COLLECTION BY INSTALMENT OF COST OF BUILDING AND ACQUIRING SEWERS AND SEWER SYSTEMS. Section 21. Whenever any borough, shall by ordinance, authorize the construction or acquisition of any sewer or system of sewers, and the entire cost or any part thereof shall be assessed against the properties abutting on such improvement, whether by the foot front rule or according to benefits, the council may provide in such ordi- nance, that the assessment may be paid in semi-annual or annual in- stalments. Such instalments shall bear interest at a rate not ex- ceeding six per centum from the date of the commencement of the work or the construction of such improvement. Section 22. In order to provide for the payment of the cost and expense of any such improvement, the borough may from time to time, issue bonds in such sums as may be required, in all to an amount not exceeding the amount of assessments. The bonds shall bear the name of the sewer, and shall rest alone for their security and pay- ment upon such assessments ; and shall be payable at periods not ex- ceeding five years from the date of their issue, to be provided in the ordinance directing the improvement. 60 Section 23. The bonds shall bear interest at a rate not exceed- ing six per centum per annum, payable semi-annually or an- nually as the council in the ordinance shall direct; and shall be negotiated at not less than par, and the proceeds thereof applied solely to the payment of such improvement. In case the bonds are not negotiated by the council, they may be delivered to the contrac- tor in payment of the work, but when so delivered must be at not less than par. Section 24. Liens to secure the assessments shall be entered in the prothonotary's office of the county in the same form and col- lected in the same manner as municipal claims are filed and col- lected. Section 25. Such assessments shall be payable at the office of the borough treasurer, or such other place as the ordinance shall pro- vide, in semi-annual or annual instalments, with interest at the rate provided from the date from which interest is computed on the amount of the assessments. The moneys so received by the borough shall be applied to the payment of such bonds exclusively. Section 26. In case of default in the payment of any instalment and interest for a period of sixty days after the same shall become due, the entire assessment and accrued interest shall become due; and the solicitor shall proceed to collect the same under the general laws, relating to the collection of municipal claims. Section 27. Any owner of property, against whom any such as- sessment has been made, may pay the same in full at any time with interest thereon to the next ' semi-annual or annual payment, and such payment shall discharge the lien. If any owner shall sub- divide any property after the lien attaches, he may in like manner, discharge the same upon any subdivided portion thereof by paying the amount for which such part would be liable. Section 28. Whenever any borough shall issue any such bonds, the secretary of the borough shall keep a registry book, in which the bonds shall be registered. Such registry shall show the date of the issue of the bond, the amount of the bond and the name and ad- dress of the person, firm or corporation to whom the same was is- sued, which shall also be noted on the back of such bonds. Section 29. The bonds may be transferred at any time, and the secretary shall make the proper entry of any such transfers in the registry book and on such bonds, and shall file all asignments among the records of the borough. Payment of such bonds and interest thereon shall be made only to the last registered owner. Section 30. Nothing contained in this article shall prevent the construction of any sewer and the payment of the same by general taxation, when the same is for the general health and public welfare of any borough. (f) SEWER CONNECTIONS. Section 31. Any borough may, by ordinance, require any owner of property, abutting^.on or adjoining any street or alley in which is a sewer, to make connections with such sewer in such manner as the borough may order, for the purpose of discharge of such drain- age or waste matter as the borough may specify. The borough may by penalties enforce any regulations it may ordain with reference to any sewer connections. Section 32. The owner shall be given three months' notice of any resolution or ordinance requiring such sewer connection, and upon failure to make such connection, the borough may make the same, and collect the cost thereof from the owner by a municipal claim or in an action of assumpsit. All connections required shall be uniform. (g) UNLAWFUL TO BUILD WITHIN LINE OF SEWERS. Section 33. It shall be unlawful for any person, to erect any building or make any improvement within the lines of the sewers, laid out or ordained to be laid out, after due notice thereof, and if any such erection or improvement shall be made, no allowance shall be had therefor in the assessment of damages. (h) TO BE OPENED WITHIN TWO YEARS AFTER ENACT- MENT OF ORDINANCE. Section 34. If any borough shall lay out or ordain any sewer, over or under private property, located in* whole or in part within the limits of such borough, and proceedings to open the same and to assess the damage arising thereffom shall not be proceeded with by the borough, within two years from the enactment of the ordi- nance, the whole proceeding shall be void. CHAPTER VI. SPECIAL POWERS. ARTICLE XIII. CONTRACTS WITH STREET RAILWAYS. Section 1. To secure the removal of any street railway tracks, or to prevent the laying of any tracks authorized to be laid, or to change the route of any street railway on any street, a borough may enter into a contract with such street railway company for a period not exceeding fifty years, for .such considerations and upon such con- ditions, as may be agreed upon. Section 2. Such contract may include a con\ 7 enant providing that, during the continuance thereof, municipal consent shall not be granted to any other company to use, for street railway or passenger transportation purposes, any streets covered by such contract. Such covenant may be enforced by bill in equity against the borough. Section 3. The contract may also provide for the laying or relay- ing of tracks, upon such terms and upon such conditions as may be agreed upon. CHAPTER VI. SPECIAL POWERS. ARTICLE XIV. BRIDGES AND VIADUCTS. (a) GENERAL POWER. Section 1. Boroughs may construct bridges, and the piers and abutments therefor, and in exercising such power shall have the right to take, use and occupy private property. Section 2. Whenever any borough shall build any bridge, and the piers and abutments therefor, the same procedure shall be had as provided in chapter six, article four of this act relating to the opening, widening and straightening of streets, and all damages shall be awarded and benefits assessed as provided in chapter six, article two of this act. Section 3. Whenever in the laying out, opening, widening, ex- tending, straightening or grading of streets, it becomes necessary to build bridges, piers and abutments therefor, the proceedings therefor shall be, in the case of opening, widening, extending or straightening streets, as provided in chapter six, article four, and in the case of grading streets as provided in chapter six, article seven; and all damages shall be awarded and benefits assessed as provided in chapter six, article two of this act. 5H 63 (b) OVER BOUNDARY STREAMS. Section 4. Whenever a creek, over which a bridge may be necessary, shall be on the division line of a borough and a municipality or township, the borough shall unite with such municipality or town- ship! in the construction and maintenance of such bridge, and pay an equal share of the expenses incident thereto. (c) OVER RAILROADS. Section 5. Boroughs may build bridges or viaducts over rail- roads, rivers, creeks, streams and private property, or over railroads and any of them, or over railroads only, whether the bridges or viaducts be wholly or partly within the borough limits for the pur- pose of uniting two or more streets, or separate portions of the same street. Such bridges and viaducts must, in all cases, cross rail- roads. Section 6. Boroughs may provide for the laying out and opening of the routes or locations for such bridges and viaducts, which shall be public highways. The proceedings for the laying out and fixing such locations and for the opening thereof, shall be as provided in chapter six, article four of this act, except that no petition of property owners shall be required therefor. Section 7. In case the borough has not agreed with the owner of any land for the damages done or likely to be done by the erec- tion of any such bridge or viaduct, the borough may appropriate the lands and property necessary, and the damages and benefits caused by such appropriation shall be assessed by viewers in the manner provided in chapter six, article two of this act. Section 8. The borough shall also have power to enter into a con- tract with the county commissioners, and also with railroads, street railways and other companies, or parties interested, for the building and maintenance of such bridges or viaducts, and for the payment of any damages caused by the location or erection thereof. Section 9. Nothing contained in the preceding section shall authorize a borough to contract with a county for the maintenance of any bridge or viaduct, which does not cross a place over which the county is authorized to build bridges; but such viaduct or bridge shall be maintained as a borough structure, and the borough is authorized to contract with any party interested, except the county, for the maintenance of the same. Section 10. The contracts herein provided for may stipulate that the borough, county, railroad company, street railway, or other com- pany or part}' interested, shall pay a certain part of the contract price of the work, including damages; or may stipulate that each shall construct a certain portion of the work, and may provide other- wise for fhe payment of damages. Section 11. When any railroad company, street railway or other company or party interested, agrees, to pay a certain portion of the cost of such work, it shall pay the same into the borough treas- ury; and the borough treasurer shall pay the same over to the con- tractor, as may be provided in the contract; but the amount to be paid by the county shall be paid directly to the contractor. The agreements may provide for the maintenance of the bridges and via- ducts after their erection. Section 12. After any such contract has been entered into, the borough in conjunction with the county commissioners, shall have prepared plans and specifications of the entire work, and shall ad- vertise for bids and award the contract to the lowest responsible bidder. Section 13. The contract for the work shall provide that the county shall pay its certain part of such bridge or viaduct, and the borough shall contract for the other part of the work; but the contract as to the borough's part shall be based upon the appropria- tion made by the borough for the part of the work for which it had agreed to pay, and the remaining part of the contract price shall be based upon the amounts the other parties have agreed to pay. Section 14. The contractor shall have a right of action against each party uniting in the contract provided for in sections ten and eleven of this article, for the part thereof agreed to be paid by each party. Section 15. In case the county commissioners do not unite in the contract, the borough may contract for the construction of such bridge or viaduct, and may pay for the entire work or may contract with all or any of the other parties for such work. Plans and speci- fications shall be prepared and advertisement shall be made for bids by the borough, and the contract shall be let in the manner herein- before provided. Section 16. Any of the contracts provided for may be recorded in the recorder's office of the county, and such record shall be no- tice to all persons who might be affected thereby. (d) CONDEMNATION OF TOLL BRIDGES. Section 17. Boroughs may purchase, condemn and maintain any toll bridge crossing any river or stream within the limits of such borough, and may also enter into contracts with the county commis- sioners, whereby the county shall pay a portion of the costs thereof. Section 18. If the borough is unable to agree with the owner of the bridge for the price to be paid, any court of common pleas, or any law judge thereof in vacation, on application of the borough, by petition, shall appoint three persons as viewers, and appoint a time 65 not less than ten nor more than twenty days thereafter, when the viewers shall meet and view the same, together with the approaches thereto. Section 19. The proceedings before such viewers for the assess- ment of damages, for property taken, injured or destroyed, and the proceedings on their report shall be the same as provided in chapter six, article two of this act. Section 20. If any borough shall discontinue any proceeding taken, providing for the appropriation of any such bridge, prior to the entry upon the same, and before judgment therein, the borough shall not be liable to pay any damages ; but all costs upon any such proceeding, together with any actual damage sustained by reason of such proceeding shall be paid by the borough, and such damage shall be fixed by the court. Section 21. Any borough may also enter into a contract with the county commissioners, upon such terms and conditions as may be agreed upon, for the purchase or condemnation of any such bridge. The contract may stipulate that the borough and county shall each pay a certain portion of the purchase price or the damages allowed by any condemnation proceeding, and may also provide for the main- tenance and repair of such bridge. Section 22. The amount to be paid by the county shall be paid into the borough treasury and shall be applied solely to the payment of such bridge. Section 23. Whenever any bridge shall be purchased or con- demned, the borough shall maintain the same as a public bridge; but the borough may charge tolls or rentals for the use thereof, from railways, telephone and telegraph companies, and other persons mak- ing a use thereof for other than ordinary foot and vehicle travel. Section 24. All existing contracts between persons, firms or cor- porations, and the owners of the bridge, shall be preserved for the benefit of the borough and shall be assigned to the borough. CHAPTER VI. SPECIAL POWERS. ARTICLE XV. ELECTRIC WIRES. Section 1. Boroughs may define, by ordinance, a reasonable dis- trict within which electric light, telephone and telegraph wires shall be placed under ground in conduits, owned either by the borough, or 66 by corporations owning such wires, or by corporations organized for the purpose of laying such conduits and renting space therein. Section 2. Whenever conduits are owned by any person, firm or corporation, the borough may regulate, by ordinance, the manner in which conduits shall be used, and the terms and conditions, and the rate of rental to be charged for space therein. Section 3. Boroughs may acquire such conduits by purchase or by condemnation, and in the latter case, the court of common pleas, or any judge thereof in vacation, shall, upon the petition of the borough, appoint a jury of three viewers, from the county board, not residents of the borough, and the proceedings for the assessment of damages shall be the same as provided in chapiter six, article two of this act, for property taken, injured or destroyed. Section 4. The borough authorities shall not surrender or barter away the rights reserved in sections one two and three of this act. Section 5. The court of quarter sessions of the county, upon the appeal of any person, may review any ordinance passed pursuant to this article, and may annul such ordinance if deemed unreasonable. Such appeal shall be taken within thirty days from the approval of such ordinance. CHAPTER VI. 9f[j SPECIAL POWERS. ARTICLE XVI. WATER COURSES. I a) WIDENING AND DEEPENING WATER COURSES AND ERECTING EMBANKMENTS. Section 1. Boroughs may widen and deepen water cours*es run- ning through the borough, and may erect such dykes and embankments along the same as shall be necessary to prevent the water from over- flowing the banks thereof. Section 2. Boroughs may enter upon any land lying near such water courses, and secure such material as may be necessary for the purpose of making and repairing the embankments along such water 67 courses, when the same cannot be obtained by contract at reasonable prices. Boroughs shall cause no unnecessary damage to the owners of such lands, and shall repair any fences which they may destroy. Section 3. Boroughs may appropriate, for such purposes, any moneys of the borough applicable to the making and maintaining of the streets and bridges of such borough. Section 4. Any person aggrieved by reason of any ordinance, passed pursuant to the preceding sections of this article, may com- plain to the court of common pleas, and proceedings may be had in the court to fix and determine the damages, and the rights of all parties interested, in the same manner as provided in chapter six, article two of this act. (b) VACATION AND ALTERATION OF COURSE OR CHAN- NEL OF WATER COURSES. Section 5. Boroughs may vacate or alter the course or channel of any water course, other than navigable streams, and for such pur- pose may enter upon and condemn such property and materials as may be necessary. Section 6. No ordinance for the vacation or alteration of the course or channel of any water course shall be passed, until notice thereof has been given by publication of the proposed ordinance, at least once a week for three consecutive weeks, in one newspaper pub- lished in the county. Section 7. The borough may, at any time after the passage of the ordinance, present a petition to the court of common pleas, set- ting forth, the nature of the vacation or alteration proposed in the course or channel of such water course, together with a descrip- tion of the proposed improvements, and praying the court to ap- point three viewers to ascertain the damages, costs and expenses re- sulting therefrom, and to assess the damages, costs and expenses, or so much thereof as the viewers may deem reasonable, upon the property benefited. Section 8. The court, or any law judge thereof in vacation, shall ap-point three viewers from the county board of viewers and appoint a time, not less than twenty nor more than thirty days thereafter, when the viewers shall meet upon the line of the improvement and view the* same and the premises affected. Section 0. The proceedings before such viewers for the allowance of damages, for property taken, injured or destroyed, and for the assessment of benefits upon property benefited, shall be as provided in chapter six, article two of this act. Section 10. If any borough shall repeal any ordinance passed, or discontinue any proceeding taken, providing for any such im- provements prior to the entry upon, appropriation or injury to any property or materials, and within thirty days after the filing of the report of viewers, the borough shall not be liable to pay any dam- ages, but all costs upon any such proceeding, together with any actual damage or injury sustained by reason of such proceedings, shall be paid by the borough. Section 11. When the court has entered its final decree confirming the report or fixing the assessments, the assessments of benefits shall become liens upon the property assessed, and such claims shall be filed and collected in the same manner as municipal claims are filed and collected, or they may be collected by action of assumpsit ; the lien of the judgment, however, to be limited to the property assessed. Section 12. Nothing contained in section five of this article or in the sections based thereon shall apply to any water course, used by any municipality or water company as a source of supply, unless such municipality or water company shall consent to such vacation or alteration. (c) CONFINING AND PAVING WATER COURSES. Section 13. Upon the written request of the board of health, the borough may confine and pave any water course, or part thereof, other than navigable streams, within the limits of the borough, and for such purpose may enter upon and condemn such property and materials as may be necessary to complete such work. Section 14. No ordinance for the confining or paving of any water course shall be passed, until notice thereof has been given, by publica- tion of the proposed ordinance, once a week for three consecutive weeks, in one newspaper published in the county. Section 15. When the work of confining and paving of any water course has been completed, if the borough cannot agree with the property owners, as to the payment of the costs and expenses, the borough may present its petition to the court of common pleas, set- ting forth the character of such improvements, and that the dam- ages, costs and expenses incurred have not been paid, and praying the court to appoint three freeholders as viewers to ascertain the damages, costs and expenses resulting therefrom, and to ratably assess the damages, costs and expenses, or so much thereof as the viewers may deem reasonable upon the property benefited, and make report thereof to the court. Section 16. The court, or any law judge thereof, shall thereupon appoint three viewers from the county board of viewers and appoint a time not less than twenty nor more than thirty days thereafter, when the viewers shall meet upon the line of the improvement and view the same. 69 Section 17, The proceedings before such viewers for the allow- ance of damages for property taken, injured or destroyed, and for the assessment of benefits upon property benefited, shall be as pro- vided in chapter six, article two of this act. Section 18. The final assessment against any property shall be a lien for the amount of such assessment, dating from the time of the final confirmation of the report, or the final decree of the court fixing such assessment, if filed in the court within six months from the final assessment or confirmation. Section 19. Nothing contained in section thirteen of this article or in the sections based thereon, shall apply to any water course used by any borough or water company as a source of supply, unless such borough or water company shall consent to such confining or paving. CHAPTER VI. SPECIAL POWERS. ARTICLE XVII. PUBLIC SERVICE. (a) WATER SUPPLY AND WATER- WORKS. Section 1. Boroughs may provide a supply of water for the use of the public within such borough, by erecting and operating water- works, by entering into a contract with persons or corporations authorized to supply water within the limits of such borough, or partly by the erection and operation of water-works and partly by entering into a contract. Section 2. No contract for the supply of water hereafter entered into by any borough with any person or corporation, shall in any wise abridge the power of the borough to construct and operate water -works as provided in section one of this article, but such power shall remain in force as though such contract had not been made. Section 3. Any borough desiring to erect water-works or to improve its water supply, may appropriate springs, streams, rivers or creeks, and lands, easements and rights of way, within or without its lim- its, and, for the purpose of conducting water obtained outside the limits of the borough, may lay pipes under and over any lands, rivers, streams, bridges, highways and across railroads. 70 Section 4. No water appropriated under the provisions of the preceding section, shall be used in such manner as to deprive the owner thereof, of the free use and enjoyment of the same, for domes- tic or farm purposes. Section 5. Prior to any such appropriation, the borough shall at- tempt to agree with the owner as to the damage done or likely to be done, and if the parties cannot agree, or the owner cannot be found, oi 1 is under legal incapacity, the borough shall file its bond in the court of common pleas, conditioned for the payment, to the owner of the property, of the damages for the taking thereof, when the same shall have been ascertained. Upon the approval of the bond, and filing thereof, the borough may enter upon such property. Section 6. Upon petition of either the property owner or borough, at any time thereafter, the court shall appoint three viewers from the county board of viewers who shall assess the damages for the property or rights appropriated and shall fix a time for their meet- ing, of which notice shall be given to all parties interested. When the report is filed, either party may appeal and have a jury trial. Section 7. Whenever any person, firm or corporation shall own any water-works or system, and a borough is desirous of owning and operating such water-works or system, such borough may pre- sent its petition to the court of common pleas of the county, set- ting forth, that the borough is desirous of owning such water-works or system, and that it will be necessary to issue bonds to be secured by such water-works or system, and that a value should be placed upon such water-works or system, including all property, real and personal, used in connection therewith. Section 8. The court shall thereupon appoint three civil engineers as appraisers, to value and appraise such water- works or system, and the property used in connection therewith, who shall file their re- port in the court within three months after their appointment, un- less such time be extended by the court. Section 9. The appraisers shall have access to the books and records of the person, firm or corporation, owning such water-works or system, to inform themselves as to the income and value thereof. They shall have power to administer oaths and are authorized to take the testimony of witnesses. Their report shall be final if not appealed from. Section 10. Within ten days after notice of the filing of any re- port, either party may appeal from such appraisement, alleging an under valuation or over valuation of the property, and praying for a hearing before the court. The court shall thereupon fix a time when such appeal may be heard, of which time at least ten days' notice shall be given to the parties, and upon such hearing, the court shall have power to modify such repiort, and either party may ap- peal from the final confirmation of such report, to the superior or supreme court. Section 11. After the value is finally determined, the borough is authorized to buy such water -works or system at the valuation so fixed; and the person, firm or corporation owning the same, shall, within ten days after notice, file in court its consent to sell and con- vey its water-works or system and property to the borough, at the valuation fixed ; and, in default thereof, such person, firm or corpora- tion shall cease to have any exclusive privilege of supplying the bor- ough or the citizens thereof with water, and the borough may in- stall such water-works or system as may be necessary for the ac- commodation of the public. Section 12. For the purpose of such purchase, the borough may issue bonds, which shall be secured solely by such water-works, sys- tems and property and the revenues thereof, and without any other liability on the part of such borough. Section 13. Such bonds shall not exceed in amount, the value fixed by the appraisers or the court. The proceeds of the sale of such bonds shall be used exclusively for the purpose of paying for the property acquired. Section 14. The bonds shall be payable within thirty years from the date of their issue, and shall be redeemable at such earlier periods as the borough may by -ordinance provide, and shall bear interest at a rate not exceeding six per centum per annum. The bonds shall be exempt from taxation for any purpose. Section 15. The borough shall provide a sinking fund for the revenues derived from such water-works or system, for the payment of the interest on such bonds and for their redemption. Section 16. Should there be, at the time of the passage of this act, a contract or agreement, in writing, existing between any per- son, firm or corporation, owning such water works or system, and a borough, dated prior to May thirty-first, one thousand nine hundred and seven, establishing or fixing the manner in which such water- works or system may be appraised and acquired, then the appraise- ment shall be made in accordance with the terms of such contract, and the respective parties to such contract shall in lieu of the pro- visions of sections seven, eight, nine, ten and eleven of this article carry out the terms of such contract in arriving at the value of such water-works or system. Section 17. Two or more boroughs may unite or any borough may unite with a township in the construction or acquisition and mainten- ance of works for the supply of water. Section 18. The construction of water-works, as provided for the preceding section, shall be after plans for such water-works have been filed with the state commissioner of health, and a permit is- 72 a : sued in accordance with the act of assembly of April twenty -second, one thousand nine hundred and live, page two hundred sixty, entitled "An act to preserve the purity of the waters of the State for the pro- tection of the public health." Section 19. In all boroughs, where authority is given to construct water-works and where the qualified voters are given the right to determine, by vote, the expediency of constructing such water-works, and whenever the question of expediency has been submitted to a vote, and has been determined in favor of such expediency, and the construction of such works has not been commenced within four years after such election, it shall be unlawful thereafter to proceed with such construction, until the expediency thereof has been determined by another election. Section 20. Whenever the schedule of water rates in any borough, owning or controlling water-works, shall have been fixed or limited by general or special act of assembly, the borough may change the rates or schedule of rates from time to time, so that the same shall not, at any time, exceed the rates now limited. Section 21. Boroughs may receive bids from incorporated water companies, authorized to do business within such borough, for the supply of water for fire protection and* for other municipal purposes, and may contract therefor with such company. Section 22. Whenever any borough is maintaining waterworks, it shall' be lawful for such borough, to supply water for ordinary and domestic uses to persons and corporations outside the limits of such borough, at rates not less than those required to be paid by persons and corporations within the limits of such borough ; but no such priv- ilege shall conflict with the corporate rights of any water company, or the rights of any other borough. Section 23. Whenever any borough in supplying water to the pub- lic shall find it necessary, in storing water, to occupy and overflow with water, portions of any turnpike or public road, or whenever any public road leads into or crosses over any reservoir used for the stor- ing of water, the borough shall cause such turnpike or road to be reconstructed, at its own expense, on a favorable location and in as perfect manner as the original road, and for such purpose is author- ized to condemn land, whenever an agreement as to the price cannot be had with the owners. Section 24. After such change is made the borough shall file in the court of quarter sessions of the county, a map or plan showing such change of road and shall furnish, to the supervisors or other authori- ties of the township or municipal corporation, a copy of such map. Section 25. Boroughs may acquire by purchase or condemnation, such lands, along and contiguous to the streams of water or reservoirs from which water is taken for public use, as may be necessary to preserve the same from contamination. 73 Section 26. No land shall be taken for the uses mentioned in sec- tions twenty-three and twenty-five of this article, until compensation therefor shall have been paid or secured before such taking, injury or destruction. Section 27. The damages incurred in changing the location of any such turnpike or public road, and in condemning land to preserve water from contamination shall be ascertained in the manner pro- vided in chapter six, article two of this act, and shall be paid by the borough. Section 28. Whenever any borough owns and maintains water- works, there may be established, in such borough, a commission of water-works, to be composed of three citizens of the borough, who shall be known as commissioners of waterworks. Section 29. Any borough, desiring to avail itself of the provisions of this act, so far as it relates to a commission of water works, shall, by resolution passed by the council and recorded in its minutes, apply to the court of common pleas of the county for the appointment of commissioners of water- works. Section 30. It shallbe the duty of the court of common pleas, upon application of any borough, to appoint such commissioners of water- works, one of whom shall be appointed to serve for one year, one for two years, and one for three years ; and annually thereafter the court shall appoint one commissioner of water-works to serve a term of three years. In case of a vacancy the court shall fill the same for the unexpired term. Section 31. After three years from the first appointment, the bor- ough may, at any time, rescind the resolution asking for the appoint- ment of a commission of water-works. When such resolution shall be rescinded, the court shall make no further appointment of commis- sions, until a resolution shall again be passed by a council asking for such appointment. Section 32. The commissioners of water-works shall not receive any salary for their services, but shall be paid all moneys necessarily expended in the performance of their duty. Section 33. It shall be the duty of the commissioners of water- works to meet within ten days after their first appointment, and annually thereafter, and organize by electing a president and secre- tary. Section 34. After organization, the commissioners shall take charge and control of the water-works of such borough. The com- missioners shall have power to appoint all necessary officers and agents, and take from them such security for the faithful perform- ance of their duty as they shall deem proper, and to fix the salaries and wages of such officers and agents; to provide for the repair, extension, improvement and maintenance of such water-works, an< the erection of new water- works ; to collect water rents and to make and establish the rates and conditions upon which water will be fur- nished to applicants therefor; and to make by-laws and regulations for the economic and efficient management of such water-works. Section 35. The borough may, upon the request of the commission- ers of water-works, issue bonds for the extension of the water-works, or the erection of new water-works. Such bonds shall be designated "water-works bonds," and shall be delivered to the commissioners, from time to time, upon their requisition after the commencement of the work, for the payment of which, such bonds were issued. Each such requisition shall be accompanied by a detailed statement of the work done and materials purchased. The bonds shall not be sold for less than par and the proceeds thereof shall be applied to the purposes for which such bonds were issued. Section 36. The commissioners shall prepare plans and specifica- tions of all work to be performed and materials necessary for the repair, maintenance and extension of such water-works, or the erec- tion of new water- works; and shall, after plans and specifications for the extension or the erection of water-works have been submitted to and approved by the department of health, in accordance with the provisions of an act of assembly, approved the twenty-second day of April, one thousand nine hundred and five, page two hundred sixty, entitled "An act to preserve the purity of the waters of the State, for the protection of public health," and a permit granted therefor by the Commissioner of Health, invite proposals for the performing of such work and the furnishing of such materials; and shall let contracts therefor to the lowest responsible bidder, and shall take adequate security for the performance of such contracts. Section 37. The commissioners shall make a monthly report to the council of the borough of the receipts and disbursements during the preceding month ; and annually make a detailed report of the condi- tion of the water-works, which shall be published by the council for the information of the public. Section 38. The commissioners shall cause all moneys collected to be deposited weekly, by the collectors, with the borough treasurer, who shall return a receipt therefor to the commissioners. All moneys so collected shall be kept in a separate fund, and shall be used for the purpose of repairing, maintaining and extending such water -works, the erection of new water-works, or the payment of any indebtedness on said water- works, and for no other purpose. No money shall be drawn from such fund except upon order countersigned by the presi- dent and secretary of the commission. Section 39. All by-laws and regulations not inconsistent with the laws of the Commonwealth, the rules and regulations of the depart- 75 ment of health or water supply commission, when made by the com- missioners, shall have the force and effect of ordinance of such bor- ough. Section 40. Whenever two or more boroughs, or any borough and a township, jointly construct and maintain water-works, and desire to avail themselves of the provisions of this act so far as it relates to a commission of water-works, the councils of such boroughs may join with the commissioners of supervisors of such township, after ordinance duly passed, and apply to the court of common pleas of the county for the appointment of a commission of water-works in ac- cordance with section twenty-nine of this article. Such commission shall be composed of citizens of each of the boroughs and townships so uniting. (b) MANUFACTURE AND SUPPLY OF ELECTRICITY. Section 41. Boroughs may manufacture electricity for the use of the inhabitants of such boroughs. Section 42. Boroughs may regulate the use of electricity in dwell- ing houses, store-rooms and other places in such boroughs and the price to be charged for the same. Section 43. Whenever any electric light company, organized un- der the laws of this Commonwealth, is furnishing light to any bor- ough or the public, such borough is authorized to purchase the works of such corporation, at such price as may be agreed upon by the bor- ough, and a majority in value of the stockholders of such corpora- tion. Section 44. Upon failure so to agree, the borough may present a petition to the court of common pleas, asking for the appointment of viewers to assess the value of the plant and works so taken; whereupon the court shall appoint three viewers from the county board of viewers neither of whom shall be stockholders in such cor- poration or tax payers in such borough, and shall appioint a time for their meeting of which ten days' notice shall be given to all par- ties in interest. Section 45. The viewers having been sworn or affirmed, justly and impartially to appraise the property, and having viewed the premises and taken such testimony as may be offered by any party touching the value of the property and franchises, they shall determine the amount of damages that such corporation will sustain and to whom payable, and make report thereof to the court, which report having been confirmed by the court, judgment shall be entered thereon. Section 46. Either party may at any time, within thirty days af- ter the confirmation of any such report, appeal therefrom to the court of common pleas of the county. 76 Section 47. After such appeal either party may put the cause at issue in the form directed by the court, and the same shall be tried before a jury. After final judgment either party may have an appeal to the superior or supreme court. Section 48. If any exceptions are filed with any appeal, they shall be speedily disposed of, and if allowed, a new view shall be ordered, but if disallowed, the appeal shall proceed as before provided. Section 49. The court shall have power to order what notice shall be given in connection with any part of such proceedings. Section 50, Before any debts shall be contracted by any borough for the manufacture of electricity, or for the purchase of the property of any electric light company, the question of the increase of the debt of such borough, for any of such purposes, shall first be submitted to the qualified voters of the borough, in the manner provided by law for the increase of indebtedness of municipal corporations. CHAPTER VI. SPECIAL POWERS. ARTICLE XVIII. PUBLIC BUILDINGS AND WORKS. Section 1. Boroughs may enter upon* and appropriate private property, and also land granted or dedicated to public use, prior to the tenth day of June, one thousand nine hundred and 'one, and which is no longer used for the purpose for which the same was granted or dedicated, for the erection thereon of such public buildings and works as are necessary for municipal purposes, within the limits of such borough. Section 2. No land or property used for any cemetery, burying ground, or place of public worship, shall be taken or appropriated, by virtue of any power contained in the preceding section of this ar- ticle. Section 3. If the compensation for damages airising from such taking and appropriating of private property, cannot be agreed upon by the owners thereof and such borough, it shall be lawful for the borough to tender its bond as security to the party entitled to any damages, or to the attorney or agent of any absent person, or to the 77 agent or other officer of a corporation, or to the guardian or commit- tee of any person under legal incapacity ; the condition of which shall be, that the borough shall pay or cause to be paid such amount of damages as the party shall be entitled to receive, after the same shall have been agreed upon or assessed by viewers. Section 4. In case the party claiming damages refuses to accept the security tendered, the borough shall give the party, his agent, attorney, guardian or committee, ten days' written notice of the time when the same will be presented in the court of common pleas for ap- proval; and thereafter the borough may present its bond in court, and, when approved, the same shall be filed in the court for the bene- fit of those interested, and recovery may be had thereon for the amount of damages ascertained, if the same be not paid, by execution on the judgment in the issue framed to try the question; and upon the approval of such security, the borough may enter into possession. Section 5. Whenever any borough shall desire to take any lands granted or dedicated to any use or purpose for which the same are no longer used, they shall pass an ordinance declaring such intention and shall thereupon petition the court of common pleas of the county for leave to file the bond of such borough, for the purpose of securing any person who may be injured by the taking of such lands. Section 6. The court shall thereupon direct such notice to be given, by publication in two newspapers of the county, as to the court shall seem proper, and if no exceptions are filed to the bond on or before the day fixed in the notice, the court shall approve the same. The court shall have power to increase the amount of such bond, and to hear and determine all exceptions that may be filed against the approval thereof. Upon the approval of such bond, the borough may enter upon and take such lands. Section 7. The bond provided for in section five of this article, shall be in the name of the Commonwealth, for the use of any persons who may be entitled to damage by reason of the taking of such lands, and shall remain on file for their benefit. Section 8. In case the compensation for damages accruing from such appropriation have not been agreed upon, the court of common pleas of the county or any law judge thereof in vacation, on applica- tion by the borough or any person interested, shall appoint three free- viewers from the county board of viewers and appoint a time, not less than ten nor more than twenty days thereafter, when the viewers shall meet upon the property and view the same and the premises affected. Section 9. The proceedings before such viewers, for the assess- ment of damages for property taken, injured or destroyed, shall be as provided in the preceding sections of this article, and the proceed- ings on their report shall be as provided in chapter six, article two of this act. 78 Section 10. All damages when ascertained, the costs of the view- ers and all court costs incurred in such proceedings, including adver- tising, printing and posting notices, shall be paid by the borough. Section 11. In the preparation of specifications for the erection or alteration of any public building, when the entire cost of such work shall exceed one thousand dollars, it shall be the duty of the archi- tect, engineer or person preparing such specifications, to prepare separate specifications for the plumbing, heating, ventilating and electrical work; and the borough shall receive separate bids upon each of the said branches of work, and award the contract for the same to the lowest responsible bidder. Section 12. In letting contracts for the erection of any public buildings, when plans and specifications for the same shall be sub- mitted for bids, the same shall be accompanied by a list of quantities of materials required for such building, to be prepared and furnished by the architect or engineer preparing the plans, which bill or list shall be attached to the specifications. No such list of materials shall be taken as being guaranteed by the borough submitting such plans and specifications. Section 13. Boroughs may purchase any real estate, within or without the borough limits, upon which to erect and maintain gar- bage or incinerating furnaces and sewage-disposal works, with the necessary filter-beds, appliances, drains and sewers. Section 14. Boroughs desiring to locate any garbage or incinerat- ing plant, shall first apply to the court of common pleas for its ap- proval of the location thereof; whereupon the court shall fix a date when objections to the location will be heard, and shall prescribe what notice of such hearing shall be given. If at the time fixed for such hearing, no objection shall be made to such location, the same shall be approved; but if objection be made, then the court shall pro- ceed to hear the matter, and determine whether the location is a detri- ment to neighboring properties. The finding of the court shall be conclusive, but shall in no way adjudicate any question relating to damages for injury to property. Section 15. In case the borough cannot agree with the owner of such property as to the price, or in case the owner is absent, or in- capacitated from any cause, or is unknown, by reason of which no agreement can be made, the borough may take and appropriate for any of such purposes, any real estate, after an ordinance shall have been passed providing for such taking and appropriating. Section 16. No real estate shall be acquired, or contract for the construction of sewage-disposal works or plants, or sewer or drains extending thereto, be entered into until a permit for the location and construction shall have been obtained from the state commissioner of health. 6H 79 Section 17. Where the borough and the owner cannot agree as to the price to be paid; or where by reason of the legal in- capacity of such owner, or where the owner is absent or unknown, no agreement as to 'the damages sustained can be made, the borough may tender its bond to the party entitled to damages, or to the agent of any person absent, or to the guardian or committee of any one under legal incapacity. The condition of the bond shall be, that the borough will pay or cause to be paid such amount of damages as the party shall be entitled to receive, after the same shall have been agreed upon by the parties or assessed by viewers. Section 18. In case the party claiming damages refuse to accept the bond so tendered, the borough shall give such party at least five days' written notice of a time when the same will be presented for filing in court. Thereafter the borough may present its bond to the court of common pleas, or to any law judge thereof in vacation, and, if approved, the bond shall be filed in court for the benefit of those interested. Section 19. In case the title to the lands to be taken and appro- priated, be defective or disputed, or thp party owning such real es- tate cannot be served with a notice or have a bond tendered as pro- vided in the preceding section, the court of common pleas of the county or any law judge thereof in vacation, upon petition of the borough, setting forth the necessary facts, shall direct the filing of a bond to the Commonwealth, in an amount to be fixed and approved by the court, for the benefit of those who may be found entitled to the damages. The condition of such bond shall be the same as pro- vided in section seventeen of this article. Section 20. Upon the filing and approval of any bond provided for by sections seventeen and nineteen of this article, the borough shall have the right to enter upon and appropriate the lands men- tioned in such bonds, and the title acquired by virtue of such con- demnation shall be a fee simple title. Section 21. In case the damages for such taking and appropria- tion have not been agreed upon, the court of common pleas or any law judge thereof in vacation, on application by petition of the bor- ough or any person interested, shall appoint three viewers, from the county board of viewers, and appoint a time not less than twenty nor more than thirty days thereafter, when the viewers shall meet upon the premises and view the same. Section 22. The viewers shall give ten days' notice of such meeting to the owners of lands taken, if such owners reside within the county and can be found; and to the guardian of any minor, if such guar- dian resides within the county; and to the guardian or committee of any lunatic or person of unsound mine, if such notice can be served upon such guardian or committee, and in all cases where the owners 80 are incapacitated or unknown, notice shall be given in two news- papers of general circulation printed in the borough or county; and the viewers shall give such other notice as the court shall direct, hav- ing regard to the circumstances of the case. Where minors have no guardians, and lunatics or persons of unsound mind have no guar- dians or committee, the court shall appoint a guardian or committee ad litem, a direct that all notices shall be served upon them. Section 23. The proceedings before such viewers for the allowance of damages for property taken, injured or destroyed, and the pro- ceedings upon their report shall be as provided in chapter six, article two of this act. Section 24. Nothing contained in this article shall be construed to repeal or affect the provisions of an act entitled "An act to pre- serve the purity of the waters of the State, for the protection of the public health," approved the twenty-second day of April, one thou- sand nine hundred and five, page two hundred sixty, or in any way to limit the powers of the department of health with regard to the regu- lations of the discharge of sewage. CHAPTER VI. SPECIAL POWERS. ARTICLE XIX. WHARVES AND DOCKS. Section 1. Boroughs may erect and repair wharves and docks, regulate and fix the rate of wharfage for all public wharves and docks within their limits, and enforce the collection of wharfage for the use of the same, and also to regulate the anchoring of vessels, boats, or rafts within their limits, and the depositing of freight on such public wharves. Section 2. Boroughs may acquire by purchase or condemnation such real estate as they may need, for the construction of wharves and docks within the limits of such boroughs, along navigable streams. Section 3. No real estate, for the erection of wharves and docks, as provided in the preceding section of this article, shall be taken or appropriated until an ordinance authorizing the same shall have been passed and approved. 81 Section 4. Whenever an agreement can not be made between any borough and the owner of any real estate, as to the price to be paid therefor, the borough may tender its bond to the owner, or to the agent if such owner shall be absent, or to the guardian or committee of any one incapacitated. Section 5. In case the owner, or agent, committee or guardian shall refuse to accept such bond, the borough shall present the same for approval to the court of common pleas of the county, or any law judge thereof in vacation. A notice of such application, in writing, with a copy of the proposed bond, shall be served upon such owner, agent, committee or guardian, at least five days before the applica- tion for approval shall be made. If such bond shall be approved by the court, it shall be filed in the prothonotary's office of the county, for the benefit of those interested. Section 6. In case the title to any real estate so condemned shall be defective or disputed, or if, from any cause, no bond can be ten- dered or notice served, the borough may present its petition to the court, or to any law judge thereof in vacation, setting forth the neces- sary facts. Whereupon the court may direct that the bond of such borough be executed to the Commonwealth, and filed in the court for the benefit of those who shall be entitled to any damages by reason of such taking or appropriation. The amount of such bond shall be fixed by the court Section 7. The condition of each bond provided for in the preced- ing sections of this article shall be, that the borough will pay to the party entitled, such amount of damages as may be agreed upon be- tween such party and the borough, or assessed by viewers. Section 8. Upon the approval and filing of any bond provided for in the preceding sections of this article, the borough may enter upon and appropriate the real estate mentioned in such bond, and the title acquired by the borough shall be a title in fee simple. Section 9. Whenever the price for any such real estate has not been agreed upon, the court on petition of the borough or any party interested, shall appoint three freeholders as viewers, and fix a time, not less than twenty nor more than thirty days thereafter, when the viewers shall meet upon the premises and view the same. Section 10. At least ten days' notice of the time and place of such meeting shall be given to the owners of such real estate, or to their agent, committee or guardian. If service of such notice cannot be had on such owners, agent, committee or guardian, such notice shall be given in two newspapers of general circulation in such borough. Such other notices shall be given as the court or judge may direct. Section 11. When any owner of such real estate shall be legally in- capacitated, the court may. on the application of the borough, ap- point a guardian or committee ad litem foi> such owner, and may di- rect that all notices shall be served on such guardian or committee. 82 Section 12. The proceedings before such viewers for the allow- ance of damages, for property taken, injured or destroyed, and the proceedings on their report shall be as provided in chapter six, ar- ticle two of this act. The costs of all proceedings, including the compensation of the viewers, shall be paid by the borough. Section 13. The damages for the taking or injury of any property for use as a wharf, pier or bulkhead shall include full compensation lor the value of the property taken or injured; and if the property, so taken or injured, shall constitute a part of a plant used as an entirety, the damage to the owner or tenant shall be assessed by tak- ing the difference in market value of such plant as a whole, including buildings and all equipments installed and used in such plant, before and after such taking or injuring, and notwithstanding that part of such plant may be separated by a highway. Section 14. Boroughs may lease any wharf or part thereof, and collect rent therefor by distress or otherwise. No one term of any such lease shall be for a longer period than three years. Section 15. Boroughs may erect and maintain market houses and terminal sheds on wharves, for the receipt and distribution of freight and express, hauled by boats, railroads and street cars. Boroughs may also construct railroad and street railway tracks or other facili- ties on wharves to provide for the convenient hauling of such freight or express matter, and collect rents, tolls or charges for the use of 'such market houses, terminal sheds, tracks and facilities. No per- mit, other than a license revocable at will, shall be granted, and no exclusive permit for the use of such facilities shall be granted. Section 16. No structure erected, and no right granted under the powers conferred by any of the preceding sections of this article, shall interfere with the public use of wharves for river commerce. CHAPTER VI. SPECIAL POWERS. ARTICLE XX. LICENSES AND LICENSE FEES. (a) AUCTIONEERS. Section 1. Boroughs may regulate and license persons and firms engaged in the business of auctioneering within the limits of any such borough, and fix the amount to be paid for such license. Such license shall be in addition to all other licenses required by law. 83 Section 2. The provisions of the preceding section shall not apply, for a space of three months, to persons or firms regularly en- gaged in business in boroughs, who may desire to reduce their stock, or retire from business. (b) FOREIGN DEALERS. Section 3. Boroughs may license foreign dealers in merchandise, or their agents, having no permanent place of business in such boroughs, but temporarily engaged in selling merchandise, either by wholesale or by retail. Such license shall not exceed the amount imposed on resident merchants engaged in like business. The pro- visions of this section shall not apply to sales by sample. (c) TRANSIENT MERCHANTS. Section 4. It shall be unlawful for any person, co-partnership or corporation, without a license .to conduct any business in any borough, the whole or greater part of which shall consist of the sale of goods, which shall be represented or advertised to be the goods of the estate of any bankrupt; or the goods of any assignee, or a person, firm or corporation about to go out of business, or goods that have been damaged in any way. Section 5. The provisions of the preceding section of this arti- cle, shall not prohibit the sale of any goods by any assignee, trustee, receiver or other officer appointed by any court of this Common- wealth or of the United States, acting for the estate of any such bankrupt, or other person, firm or corporation, within the limits of any borough .wherein such person, firm or corporation conducted business, or had the goods, immediately before the appointment of any such assignee, trustee, receiver, or other officer; or the sale of any damaged goods, if the same be sold within the limits of the borough wherein the owner conducted business, or had such goods at the time the same became damaged. Section 6. The license provided for in the section four of this article, shall be issued by the treasurer of the borough wherein such business is conducted. The license fee shall not be less than one hundred dollars, nor more than two hundred dollars, for each cal- endar month or fraction thereof, and shall be fixed by ordinance. The license shall be renewed monthly during the time such person, firm or corporation shall conduct such business, and shall be in addi- tion to all license fees and taxes imposed by the Commonwealth and the borough. Section 7. Any person, association, co-partnership or corporation violating any of the provisions of sections five, six, seven or eight of this article, shall be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to paj^, for each day such business shall be conducted without a license, a fine of not more than two hundred dollars. 84 (dj VEHICLES. Section 8. Boroughs may enact ordinances establishing reasonable rates of license fees on all vehicles, used in carrying persons or pro- perty for pay; and may regulate the operation and compensation of such vehicles within the limits of such boroughs, or between any such borough or other points. (e) RESTRICTIONS. Section 9. It shall be unlawful for any borough to levy or col- lect any license fee from any fanner who sells his own produce, in or about the streets of any borough. Section 10. It shall be unlawful for any borough to levy any license fee or mercantile tax upon any persons taking orders for merchandise by sample, from dealers or merchants, for individuals or companies who pay a license or mercantile tax at their chief places of business. Nothing in this section shall authorize any person to sell by retail to others than dealers or merchants. CHAPTER VII. GOVERNMENT. ARTICLE I. COUNCIL. Section 1. The borough council shall organize at ten o'clock ante meridian on the first Monday of January, one thousand nine hun- dred and sixteen, and biennially thereafter, by electing a president and secretary and such other officers as it may require. The presi- dent shall preside over the meetings of council and when absent his place shall be filled by a president pro tempore. The councilmen shall not receive any compensation for their services as councilmen. Section 2. Before entering upon the duties of their office, the councilmen shall take and subscribe an oath or affirmation to support the constitution of the United States, and of the Commonwealth of Pennsylvania, and to perform the duties of their office with fidelity. The oath or affirmation may be taken before any judge or justice of 85 the peace of the county or before the burgess of the borough, when he has qualified, and shall be entered upon or filed among the records of the borough. Section 3. The burgess shall preside over the organization meeting of the council, but he shall not vote thereat, unless the vote of the council be equally divided. {Section 4. If the council of any borough shall fail to organize within ten days from the time prescribed in section one of this article, the court of quarter sessions upon the petition of ten tax- able inhabitants, verified by the affidavit of five of the petitioners, shall issue a rule upon the delinquents to show cause why their seats should not be declared vacant. The rule shall be return- able not less than five days from the time of its issue, and after hearing the court may declare the seats of such delinquent council- men vacant, and appoint others in their stead who shall hold their office for the uuexpired term. Section 5. Whenever two or more boroughs are consolidated under the provisions of chapter two, article two, of this act, the council of the new borough at the first meeting after such consolida- tion shall designate by ballot which of the high constables, and audi- tors, shall perform the duties of those offices in the new borough, and the persons so chosen shall hold their office until the first Mon- day of January next succeeding the municipal election at which such officers are regularly elected as provided in chapter eight, arti- cle one, of this act. The council shall also designate by ballot which of the treasurers shall perform the duties of that office in the new borough, and shall select some person as secretary of the council. Section 6. It shall be the duty of the council, a majority of whom shall be a quorum: I. To meet statedly at least once a month, and within ten days after the election of any corporate officer. II. To make and preserve full records of their proceedings. III. To enact, revise, repeal, and amend such laws, rules, regula- tions and ordinances, not inconsistent with the laws of the Common- wealth, as it shall deem beneficial to the borough and to provide for the enforcement of the same. IV. To publish in one newspaper printed in the county and by twelve advertisements posted in the most public places in the borough, every enactment, regulation, ordinance or other general law, at least ten days before the same shall take effect. V. To give personal notice of all orders and regulations affecting particular individuals. VI. To cause to be made a plan of the roads, streets, lanes, alleys, and courts opened or laid out, together with such explana- tion as shall be necessary to a full understanding of the same. The plan shall be kept by the secretary and shall be open to public in- spection. VII. To appoint and remove a treasurer and secretary. Council in their discretion may appoint a solicitor, one or two street commis- sioners, and such other officers as it shall deem necessary. VIII. To fix the compensation of the treasurer, secretary, street commissioners, high constable, and such other officers as they may appoint, to be paid from the borough treasury by orders drawn thereon, and signed by the burgess. IX. To fix the amount of security to be given by the treasurer, and the high constable. X. To direct annually the publication of the accounts of the treasurer. XI. To mitigate or remit fines and forfeitures in reasonable cases. Section 7. Every ordinance arid resolution, except as herein other- wise provided, passed by the council, shall be presented to the burgess for his approval. If the burgess approve he shall sign it, but if he shall not so approve he shall return it with his objections to the council at its next regular meeting, when the objections shall be entered upon the minutes, and the council shall proceed to a recon- sideration thereof. If, after such re-consideration, two-thirds of all the members elected to said council or a majority of council plus one, when the number composing such council is less than nine, shall vote to pass such ordinance or resolution it shall become of as full force and effect as if it had received the approval of the bur- gess, but in such case the vote shall be determined by yeas and nays and the names and votes of the members shall be entered on the min- utes. If any such ordinance or resolution shall not be returned by the burgess at the regular meeting of the council next succeeding its presentation to him, it shall likewise have as full force as if it had been approved. Section 8. No ordinance or resolution shall be considered in force until the same is recorded in the ordinance book of the bor- ough together with the certificate of the secretary and is advertised as provided in clause four of section six of this article. Section 9. Complaint may be made to the next court of quarter sessions, upon entering into recognizance, with sufficient security to prosecute the same with effect, and for the payment of costs, by any person aggrieved in consequence of any ordinance, regulation, or act done or purporting to be done in virtue of this act, and the determination and order of the court thereon shall be conclusive. Section 10. Whenever any ordinance book is lost, destroyed, or becomes unserviceable, the borough council may provide, by ordi- nance, for a new ordinance book into which shall be transcribed, by the secretary, all of the then valid ordinances. 87 Section 11. The secretary in transcribing such ordinances shall make complete copies thereof, including . the date of enactment and approval and the names of the officers who signed the same, and, after notice given and corrections made, shall certify each ordi- nance as a correct copy of the original. Section 12. The ordinance providing for the transcribing of such ordinances, shall be recorded in such book immediately following the ordinances so transcribed, and it shall provide that the secre- tary of the borough, upon the completion of such transcribing, shall publish once a week for four weeks in one newspaper published in the^ borough and if there be no such publication, then in a news- paper published in the county. A notice stating that all of the then valid ordinances of the borough have been transcribed into a new ordinance book, and that the old books and records of borough ordinances and the new ordinance book are open to public inspection, tor the purpose of verification and correction, during the thirty days from the date of the notice. Section 13. The secretary of the borough at the expiration of such notice shall make all corrections, and shall then certify that all of the ordinances have been compared with their originals and that they are correct copies thereof. After the ordinances are trans- cribed, notice thereof given and the certificate of correction made as provided in the preceding sections of this article, the ordinances so transcribed shall take the place of the original record, and shall be the valid and legal ordinances of the borough. Section 14. Borough councils may compel the attendance of wit- nesses and the production of books, papers or other evidence at any meeting of the council, or any committee thereof, and for that purpose may issue subpoenas signed by the president of council or the chairman of the committee, and cause the same to be served in any part of this Commonwealth. If any witness shall refuse to^ testify to any fact within his knowledge, or to produce any books or papers in his possession or control required to be used as evidence in any such case, the secretary of the council shall report the facts relating to such refusal to the court of common pleas. If the court determines the evidence required of such witness to be legal and competent, it shall order such witness to testify or produce the evi- dence required. Section 15. No person residing without the borough and sub poenaed as aforesaid shall be required to respond to the same until mileage to and from the borough at the rate of ten cents a mile, and a per diem allowance of two dollars for the time their presence is desired, and has been furnished. 88 Section 16. Any person called as a witness as provided in sec- tion fourteen of this article, may be examined under oath, and for the giving of false testimony shall be liable to indictment and pun- ishment for perjury. CHAPTER VII. GOVERNMENT. ARTICLE IT. BURGESS. Section 1. No burgess shall hold any other borough office or ap- pointment during the term for which he is elected, nor be eligible to succeed himself; he shall not be a member of, nor preside at the meetings of the council, except as provided 'in section three, article one, of this chapter. Section 2. No member of Congress or any person holding any office or appointment of profit or trust under the Government of the United States shall be capable of holding the office of burgess. Section 3. Any person violating the provisions of section two, of this article shall be liable to a penalty of not less than fifty dol- lars nor more than one hundred dollars; and the office of burgess shall be considered vacant. Section 4. Any penalty imposed under section three of this article, shall be paid, one-half to the overseers, guardians, or direc- tors of the poor of the borough or county where such offense is com- mitted, to be applied for the support of the poor, and one-half to the prosecutor. Section 5. The burgess, before exercising the duties of his office shall take and subscribe an oath or affirmation, and the same shall be filed, as provided in chapter seven, article one, section two, of this act. Section 6. The salary of the burgess may be fixed by ordinance, to be paid from the borough treasury in monthly instalments, on warrants authorized by the council. When so fixed such salary shall not be changed during the term of the incumbent. Section 7. The salary of the burgess shall not exceed, per annum, one hundred dollars per thousand for the first five thousand popu- lation, or fraction thereof; and fifty dollars per annum for each ad- ditional one thousand of population or fractional majority thereof; 89 the population to be determined by the last United States decennial census or by five times the number of electors in the borough, as shown by the last registration thereof. Section 8. Any salary, paid pursuant to section six and seven of this article, shall be in lieu of all costs and fees allowed a burgess, whether acting as burgess or justice of the peace, and in such case the costs and fees shall be taxed and collected by the burgess and turned monthly into the borough treasury, together with a sworn statement of the same. Section 9. In all cases where the burgess is given the jurisdic- tion of a justice of the peace, he shall collect the same costs and fees as is charged by justices of the peace for like services. Section 10. The burgess shall have power: I. To administer oaths and affirmations in matters pertaining to borough affairs. II. To exercise jurisdiction in all disputes between the borough and individuals arising under the ordinances, rules and regulations of the borough. III. To exercise the criminal powers and jurisdiction of justices of the peace, in the enforcement of all ordinances of the borough, and the collection of fines and penalties imposed thereunder. IV. To exercise the powers and jurisdiction of justices of the peace within the borough for the suppression of riots, tumults, and disorderly meetings ; and in all criminal cases, for the punishment of vagrants and disorderly persons. Section 11. It shall be the duty of the burgess: I. To preserve order in the borough, to enforce the ordinances and regulations, to hear complaints, to remove nuisances, and to exact a faithful performance of the duties of the officers appointed. II. To demand and receive sufficient security in the amount fixed by the borough from the treasurer and high constable. III. To sign the by-laws, rules, regulations and ordinances, after they shall have been correctly transcribed by the secretary. IV. To keep correct accounts of all fees, fines and costs received by him, to render to the councils at each regular meeting, an item- ized statement of all such moneys so receive4 since the last regular meeting of the council, with the dates at which, and the names of the persons from whom, the same was received, and to pay all such moneys into the borough treasury, prior to such regular meeting. V. To cause to be opened all public roads, streets, lanes or alleys lying partly within the borough. Section 12. Any burgess neglecting or refusing to open a road, street, lane or alley as provided in the preceding section shall 90 liable to a fine of not less than four dollars, nor more than fifty dollars, to be recovered in a summary proceedings before any jus- tice of the peace of the county. Section 13. Whenever the burgess is absent or incapacitated, the duties of his office shall be discharged by the president of council. CHAPTER VII. GOVERNMENT. ARTICLE III. HIGH CONSTABLE. Section 1. The high constable, before entering on the duties of his office, shall take and subscribe an oath or affirmation, and the same shall be filed, as provide in chapter seven, article one, section one, section two of this act; he shall give such bond with surety as is required by the borough. Section 2. The high constable shall have the power and authority of constables of the several townships in the county; he shall serve any notices prescribed by this act, and shall attest the service of the same by an affidavit signed by him, and deposited with the sec- retary of the borough. Section 3. The high constable shall give ten days' notice of the biennial elections of the borough by posting six advertisements in the most public places within the same. Section 4. It shall be unlawful for any high constable who is at the same time employed as a policeman in the borough, or any other part of the Commonwealth to charge or accept any compensation, in addition to the salary paid him as policeman, for any service rendered, either as a policeman or as high constable, except public rewards and the legal mileage allowed to constables for traveling ex- penses. Section 5. Any person violating the provisions of the preceding section shall be guilty of a misdemeanor and upon conviction shall be sentenced to pay a fine not exceeding fifty dollars and costs, or to undergo imprisonment in the jail of the county not exceeding thirty days, or both. 91 CHAPTER VI T. GOVERNMENT. ARTICLE IV. AUDITORS. Section 1. The auditors of the borough shall meet on the first Tuesday of January, one thousand nine hundred and sixteen, and annually thereafter, and shall audit, adjust, and settle the accounts of the tax collectors, and all officers of the borough. Any officer whose act or neglect contributes to the financial loss of any borough shall be surcharged with the amount of such loss. Section 2. All orders and vouchers which have been paid shall, on their presentation to the auditors, be cancelled by writing the word "paid'' on the face thereof. Section 3. The auditors shall complete such audit, adjustment and settlement as soon as possible, and shall within ten days there- after publish, by posting printed hand-bills in five public places in the borough, an itemized statement of the receipts and expenditures of the several officers for the preceding year; they shall also within such period of ten days, file a copy of the statement with the sec- retary of the borough, and also with the clerk of the court of quarter sessions of the county, which shall be at all times subject to public inspection. Whenever two 'or more borough offices shall be exer- cised by the same person, only one statement shall be required. Section 4. It shall be lawful for the borough, or any tax payer thereof on its behalf, or any officer whose account is settled or audited, to appeal from the settlement or audit to the court of common pleas of the county within thirty days after the statement has been filed in the court of quarter sessions. Section 5. No appeal by a taxpayer or officer shall be allowed unless the applicant shall enter into recognizance to prosecute the same with effect, and to pay all costs accruing thereon, in case, if the appellant be a tax payer, he shall fail to obtain a final decision more favorable to the borough than that awarded by the auditors; or, in case the appellant be an accounting officer, he shall fail to obtain a final decision more favorable to the officer than that awarded by the auditors. Section 6. Whenever an appeal has been taken from the report of the auditors by the borough, or by any person charged in such report with any sum of money, any tax payer of the borough may 92 intervene in sucli appeal and either prosecute the same on its behalf or defend it against the appeal of the person so charged. No tax payer shall intervene unless he shall file in the court of common pleas a bond with one or more sufficient sureties conditioned to in- demnify the borough against all costs accruing by reason of such intervention. Section 7. Any peison interested may order the appeal upon the argument list and evidence may be taken before any person author- ized to administer oaths upon rule for that purpose served upon the opposite party. Section 8. Whenever any matter of fact is in dispute the court of common pleas is authorized to frame an issue for the trial thereof. Section 0. After hearing, the court shall file its findings of fact and law and enter judgment in accordance therewith, and the judg- ment so entered may be enforced by any appropriate proceedings by the party prevailing. Section 10. Any peison interested may except to the ruling of the court, and may appeal therefrom to the superior or supreme court as in other cases. Section 11. Whenever any person is charged with a sum of money by the report of the borough auditors, any tax payer of the bor- ough may enforce the collection thereof for the benefit of the bor- ough by action or execution, upon filing in the court of common pleas a bond with one or more sureties conditioned to indemnify the borough from all costs which may accrue in the proceedings undertaken by such tax payer. Section 12. The borough auditors, may employ an attorney in case of any disagreement with an official or board of officials whose accounts they are required to audit. Such attorney shall not be employed until reasonable effort has been made to reach an agree- ment, and only after notice of such contemplated employment, has been given to such official or board. Section 18. The compensation of such attorney shall be fixed by the auditors and shall not exceed the sum of ten dollars per day, nor thirty dollars in any case in dispute, except whenever an appeal is taken as provided in the preceding sections of this article in which case the court shall fix an additional compensation. Section 14. The compensation of such attorney, shall be paid out of the fund whose settlement is in dispute, by warrant drawn by the auditors upon the treasurer of such fund, immediately upon the final settlement of the account. Section 15. Each auditor shall receive two dollars per day for each day necessarily employed in the discharge of his duties, to be paid by the borough. 93 Section 16. In case of any neglect or refusal* tt> comply with the provisions of the preceding sections of this article, the auditors so neglecting or refusing shall pay a penalty of one hundred dollars, to be recovered in the same manner as debts of like amount are re- coverable, by suit intsituted in the name of the borough, upon the complaint of any tax payer thereof. When so recovered the amount of the penalty shall be paid into the treasury of the boruogh. CHAPTER VII. GOVERNMENT. ARTICLE V. CONTROLLER. Section 1. The borough controller shall, before entering upon the duties of his office, take and subscribe the oath prescribed by section one, article seven, of the constitution of this Commonwealth; and shall give bond to the borough with two or more sureties or with a surety company, to be approved by the council, in such sum as they may by ordinance direct, conditioned for the faithful discharge of his duties. The cost of such bond shall be paid by the borough. Section 2. The borough controller shall receive a fixed annual salary, to be fixed by ordinance, and not to exceed the sum of one thousand dollars per annum. Section 3. The borough controller shall superintend the fiscal con- cerns of the borough. He shall examine, audit, and settle all ac- counts, whatsoever, in which the borough is concerned either as debtor or creditor, where provision for the settlement thereof is made by law; and where no such provision, or an insufficient pro- vision, has been made, he shall examine such accounts, and report to the borough council the facts relating thereto, with his opinion thereon. Section 4. The borough controller shall have supervision and control of the accounts of all departments, bureaus, and officers of the borough, authorized to collect, receive or disburse the public moneys, or who are charged with the management or custody thereof. He shall audit their respective accounts, and may at any time re- quire from any of them a statement in writing of any moneys or 94 property of the borough in their hands, or under their control; and he shall, immediately upon the discovery of any default, irregu- larity, or delinquency, report the same to the borough council. He shall also audit and report upon the account of any such officer upon the death, resignation, removal, or expiration of the term, of the said officer. Section 5. The borough controller may administer oaths or affir- mations in relation to any matter touching the authentication of any account with, or claim or demand against the borough, but shall not be entitled to receive any fee therefor. Section 6. The borough controller shall countersign all warrants upon the borough treasurer, the form thereof to be prescribed by council, but no warrant shall be countersigned unless there is money in the treasury to pay the same. Whenever a warrant on the treas- urer shall be presented to the controller to be countersigned the person presenting the same, shall, if the controller require, produce evidence: 1. That the amount expressed in the warrant is due to the per- son in whose favor it is drawn. 2. That the supplies or service, for payment of which the war rant is drawn, have been furnished or performed according to law and the terms of the contract. Section 7. The borough controller shall not permit any appropria- tion made by the council to be overdrawn. Whenever an appropria- tion is exhausted the object of which is not complete, he shall imme- diately report the fact to the council, and accompany such report with a statement of the moneys which have been drawn on such appropriation and the particular purpose for which they are drawn. Section 8. Every contract involving appropriation of money shall designate the item of appropriation on which it is founded, and the estimated amount of the expenditure thereunder shall be charged against such item, and so certified by the borough controller on the contract before it shall take effect as a contract, and the pay- ment required by such contract shall be made from the fund appro- priated therefor. If the controller shall certify any contract in excess of the appropriation made therefor, the borough shall not be liable for such excess, but the controller and his sureties shall be liable for the same, which may be recovered in an action at law by the contract- ing party aggreived. It shall be the duty of the controller to certify contracts for the payment of which sufficient appropriations have been made. Section 9. The borough controller shall, as often as he may deem expedient or the council shall direct, suggest plans to the council for the management and improvement of the borough finances; and he shall make a report, verified by oath or affirmation, to the council 7H 95 at the first stated meeting in January in each year, of the public ac- counts of the borough and of the trusts in its care exhibiting all the expenditures thereof, respectively, the sources from which the revenue and funds are derived, and the manner in which the same have been disbursed. Each account ' shall be accompanied by a detailed state- ment of the several appropriations made by councils, the amount drawn on each appropriation, and the balance standing to the debit or credit of such appropriation. The report shall be published, at the expense of the borough, once a week for two weeks, in a newspaper circulating generally in the borough. Section 10. The borough controller shall keep a regular set of books, in which shall be opened and kept as many accounts, under appropriate titles, as may be necessary to show separately and dis- tinctly all the estates and property, whatsoever, real and personal vested in the borough, all trusts in the care of the same, all debts due and owing the borough, all receipts and expenditures of the various departments of the borough government, and all appropria- tions made by council, and the sums under the same, respectively. Section 11. The foregoing provisions of this article shall not be- come operative or effective in any borough not having a controller, until the council shall by ordinance accept the provisions of this article. Section 12. Tn all boroughs accepting the provisions of this article as provided in the preceding section, the borough auditors then in office shall continue to hold their office until the first day of January succeeding the election of a borough controller, after which date the office of borough auditor is abolished. CHAPTER VII. GOVERNMENT. ARTICLE VI. APPOINTED OFFICERS. (a) GENERAL PROVISIONS. Section 1. The appointed officers of the borough shall receive no compensation for their services in that capacity, except such as may be specially authorized by law, or fixed by ordinance. ueij Section 2. Any person appointed by the council to a borough office neglecting or refusing to take upon himself the duties of such office shall forfeit and pay, the sum of ten dollars, to be re- covered as other fines and forfeitures, for the use of the borough. Section 3. All officers appointed by the borough council shall, whenever directed, render their accounts to the council for settle- ment. Section 4. Whenever an employe of any borough is required to give bond endorsed by a surety company for the faithful performance of his duties, the borough may pay the premium thereon. (b) TREASURER. Section 5. The borough treasurer shall, before entering upon the duties of his office, give bond with surety as required by the bor- ough; he shall perform the duties of the township treasurer within the borough, shall keep a just account of all receipts and disburse- ments, and shall annually submit his account to the borough auditors and publish the same in a manner directed by the borough; he shall pay over all moneys remaining in his hands, and deliver all books, papers, accounts and other things belonging to the borough, to his successor. All moneys received by any officer for the use of the bor- ough shall be forthwith paid to the borough treasurer. Section G. The borough treasurer shall receive such compensation as the council shall prescribe. (c) SECRETARY. Section 7. The secretary shall attend all meetings of the borough council and shall keep full minutes of their proceedings; he shall transcribe the by-laws, rules, regulations and ordinances adopted/ into a book kept for that purpose and, when signed by the presiding officer, shall attest the same; he shall preserve the records and docu- ments of the borough, and shall have custody of the corporate seal. He shall certify copies of any book, paper, record, by-law, rule, regu- lation, ordinance or proceeding of the borough under the seal thereof, which copies so certified shall be admitted in evidence in any court of the Commonwealth. He shall attest the execution of all instru- ments, record the publication of all enactments and attest the same by his signature. He shall file or record the proof of service of all notices required by law and the certificate thereof shall be good evi- dence of such notice. He shall deliver to his successor the seal and all books, papers and other things belonging to the borough. 97 (d) STREET COMMISSIONERS. Section 8. On the first Monday of January, or within thirty days thereafter, of each even numbered year, the borough council may appoint one or two persons as street commissioners, who shall serve for a term of two years or until their successors shall qualify. Section 9. Whenever two or more boroughs are consolidated under the provisions of chapter two, article two, of this act, the street commissioners of each of such boroughs shall continue in office as officers of the new borough until the expiration of their respective terms of office. (e) SOLICITOR. Section 10. The borough council on the first Monday of January in any even numbered year, or as soon thereafter as practicable, may elect, by a vote of a majority of the members, one person, learned in the law, who shall be styled the borough solicitor, and who shall serve for the term of four years from the first Monday of January of the even numbered year in or succeeding which he was elected and until his successor qualified. The council shall fix the compensa- tion which shall be allowed for such term. Vacancies in the office of borough solicitor shall be filled by the council for the unexpired term. Section 11. All borough solicitors holding office at the date of the approval of this act, whose terms of office expire at any time between the first Monday of January, one thousand nine hundred and four- teen, and the first Monday of January, one thousand nine hundred and sixteen, shall continue to hold their office until the first Monday of January, one thousand nine hundred and sixteen. Solicitors elected on the first Monday of January, one thousand nine hundred and fourteen shall hold their respective offices until the first Mon- day of January, one thousand nine hundred and eighteen. Section 12. The borough solicitor shall give a bond to the borough with two or more sureties, or one trust or bonding company, to be ap- proved by the council, in such sum as it shall by ordinance direct, conditioned for the faithful performance of his duty. Section 13. The law matters of the borough shall be under the superintendence, discretion and control of the borough solicitor, and no department of the borough, except as herein otherwise pro- vided, shall employ an additional counsel without the assent or rati- fication of the council. The borough solicitor shall have custody of all patents, deeds, leases, mortgages, and other assurances of title, and all contracts, bonds, books, and other evidences of debt, belong- ing to the borough, unless the council shall otherwise provide. Section 14. The borough solicitor shall prepare such bonds, obli- gations, contracts, leases, conveyances and assurances to which the borough or any department thereof may be a party, as may be directed 98 by ordinance or resolution; he shall commence and prosecute all actions brought by the borough for or on acount of any of the estates, rights, trusts, privileges, claims or demands as well as defend all ac- tions or suits against the borough or any officer thereof, wherein or whereby any of the estates, rights, privileges, trusts, ordinances or accounts of the borough or any department thereof, may be brought in question before any court in the Commonwealth; and shall do every professional act, incident to the office, which he may be author- ized or required to do by the burgess or by any ordinance or resolu- tion. He shall, whenever required, furnish the council, the committees thereof, the burgess, or the heads of departments, with his opinion, in writing, upon any question of law which may be submitted by any of them in their official capacities. (f) POLICE. Section 15. Borough councils may appoint one or more suitable persons, citizens of this commonwealth, as borough policemen, who shall have the power to arrest persons violating any ordinance of the borough, the violation of which may subject persons to arrest. Any person so arrested shall be received for confinement by the keepers of the jails, lock-ups, or station houses, within the county. Section 16. The borough policemen shall, when on duty, wear a shield or badge with the words "borough police" and the name of the borough for which they are appointed inscribed thereon. Section 17. The borough police shall be under the direction of the burgess, as to the time during which, the place where, and the man- ner in which, they shall perform their duties. Section 18. The borough police shall receive a stated salary to be fixed by ordinance; and it shall be unlawful for any borough police- man to charge or accept any fee or other compensation, in addition to his salary, for any service performed, pertaining to his duties or office, except public rewards and legal mileage allowed for traveling expenses. Section 19. Any person violating the provisions of the preceding section shall be guilty of a misdemeanor and upon conviction shall be sentenced to pay a fine not exceeding fifty dollars and costs, or un- dergo imprisonment not exceeding thirty days, or both. Section 20. Borough policemen, residing in the borough, may at the same time hold and exercise the office of constable in the borough or any ward thereof and may demand and receive all costs, fees, and emoluments pertaining to such office. Section 21. Borough policemen may perform all the duties of high constable, but shall receive no compensation therefor. Section 22. Boroughs may by ordinance, establish a police pension fund, to be maintained by an equal and proportionate monthly charge 90 against each member of the 'police force not exceeding annually three per centum of the pay of such member. The fund shall be under the direction of the borough council or such committee as it may des- ignate and shall be applied, under such regulations as the council may by ordinance prescribe, for the benefit of such members of the police force as shall receive honorable discharge therefrom by reason of age or disability, and the families of such as may be injured or killed in the service. Any allowances made to those who are retired by reason of disability or age shall be in conformity with a uniform scale. Section 23. The ordinance establishing the police pension fund may prescribe a minimum period of continuous service, not less than twenty years, after which members of the force may be retired from active duty. Borough policemen so retired shall be subject to service as police reserve until unfitted for such service, by reason of age or disability, when they may be finally discharged. Section 24. The basis of the apportionment of the pension shall be determined by the rate of monthly pay of the member at the date of death, honorable discharge, or retirement, and shall not in any case exceed in any year one-half the annual pay of such member computed at such monthly rate. Section 25. Payments made under the provisions of section twenty- two of this article, and the sections based thereon shall be a charge on no other fund in the treasury of the borough or under its control other than the police pension fund. Section 26. Boroughs may take by gift, grant, devise or bequest, any money or property, real, personal or mixed, in trust for the benefit of such police pension fund. The care, management, in- vestment, and disposal of such trust funds funds or property shall be vested in such officers as the borough shall by ordinance direct, and shall be governed by such officers, subject to any directions not inconsistent therewith as the donors of such funds and property may prescribe. Section 27. No person participating in such police pension fund and becoming entitled to receive a benefit therefrom shall be de- prived of his right to an equal and proportionate share therein upon the basis upon which he first became entitled thereto, except for the following causes, that is to say: conviction of a crime or misdemeanor, becoming a habitual drunkard, becoming a non-resident of the Com- monwealth, or failing to comply with some general regulation relat- ing to the management of such fund which may be made by ordinance and which provides that a failure to comply therewith shall terminate the right to participate in the pension fund after such notice and hearing as it shall prescribe. 100 CHAPTER Vir. GOVERNMENT. ARTICLE VTI. BUREAU OF MINE INSPECTION AND SURFACE SUPPORT. Section 1. Boroughs within the limits of the anthracite region of the Commonwealth may by ordinance, create a bureau of mine in- spection and surface support. Section 2. The bureau shall consist of one practical mining en- gineer, to be appointed by the burgess with consent of the council, and such assistants, clerks and employees as the council may provide. The officers and employees of the bureau shall receive such compensa- tion as may be prescribed by council. Section 3. Members of the bureau may enter, inspect, examine and survey any mine or colliery within the limits of the borough, at all reasonable times, either by day or night, but not so as to impede nor obstruct the workings of the mine or colliery; and may take with them such other persons as may be necessary for the purpose of mak- ing an examination or survey. The owner, operator, or superintend- ent of such mine or colliery shall furnish the means necessary for such entry, inspection, examination, survey and exit. Section 4. The owner, operator, or superintendent of every coal mine or colliery, within three months after the passage of an ordi- nance by any borough creating such bureau, shall make or cause to be made and furnished to such bureau, an accurate map or plan of the workings or excavations of such coal mine or colliery, on a scale of one hundred feet to the inch. The map or plan shall exhibit the workings or excavations in every seam of coal on a sparate sheet, and the tunnels and passages connecting with such workings or excavations. It shall show in degrees the general inclination of the strata, with any material deflection therein in the workings or exca- vations, and shall also show the tidal elevations of the bottom of every shaft, slope, tunnel, and gangway, and of any other point in the mine or on the surface where such elevation shall be deemed necessary by the bureau. The map or plan shall show the number of the last survey station, and date of each survey on the gangways or the most advanced workings. Section 5. Every mine owner, operator, or superintendent shall place or cause to be placed upon the map! of the bureau, at least once in every three months, all the extensions made in any mine within 101 the limits of such borough' liuring the three preceding months, except those %mfld.e: with}n:tiijrty'- da^s immediately preceding the time of placing such extensions upon the said map. Section 6. It shall be unlawful for any person, co-partnership, as- sociation, or corporation to dig, mine, remove, or carry away the coal, rock, earth, or other minerals or materials forming the natural sup- port of the surface, beneath the public highways, streets, alleys, courts, and places of any borough in the anthracite region to such an extent and in such a manner a s s to thereby remove the necessary support of the surface, without having first placed or constructed an artificial permanent support sufficient to uphold and preserve the stability of the surfaces of such public highways, streets, alleys, courts, and places. Section 7. Any person, being the general manager, superintendent, or person in charge of the work of any corporation, co-partnership, or association, violating any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction before a justice of the peace of the borough shall be sentenced, for such offense, to pay a fine not exceeding one thousand dollars or to undergo imprisonment in the county jail for a period not exceeding ninety days, or both. All fines imposed under this section shall be paid into the treasury of the borough. Section 8. Borough councils may enact such ordinances as may be necessary for the enforcement of the provisions of this article. CHAPTER VIIT. ELECTIONS VACANCIES IN OFFICE. ARTICLE I. NUMBER, TERM AND TIME OF ELECTION OF OFFICERS. Section 1. Electors of the borough only shall be eligible to elective borough offices. Section 2. Elections for borough officers shall be at the time and place designated by law for the holding of municipal elections. Section 3. Certificates of election of all borough officers shall be filed among the records of the borough. 102 Section 4. Persons elected to borough offices shall serve until their successors are elected and qualified. Section 5. It shall be lawful for the electors of the borough to elect: 1. In boroughs not divided into wards, seven councilmen, a bur- gess, high constable, and three auditors or a controller. 2. In boroughs divided into wards, at least one and not more than three councilmen in each ward, to be residents of the ward from which they are elected, and chosen by the electors of the ward; also a bur- gess, a high constable, and three auditors or a controller, who shall be chosen by the electors of the borough at large. Section 6. At the municipal election to be held in the year one thousand nine hundred and fifteen, there shall be elected in each bor- ough, a sufficient number of councilmen to equal one-half of the entire number of which such council is legally composed, to serve for a term of four years from the first Monday of January next succeeding, and where such entire number is seven, nine or eleven, then sufficient to constitute three, four or five, as the case may be. The aforesaid coun- cilmen to be elected in the year one thousand nine hundred and fifteen, being successors to those elected in the years one thousand nine hundred and eleven, and one thousand nine hundred and thirteen, whose terms as heretofore provided by law expire on the first Monday of January, one thousand nine hundred and sixteen. All councilmen whose terms expire on the first Monday of January, one thousand nine hundred and eighteen, shall continue to hold their office until the first Monday of January, one thousand nine hundred and eigh- teen, as now provided, and their successors shall be elected at the municipal election in the year one thousand nine hundred and seven- teen, to serve for a term of four years from the first Monday of Janu- ary next succeeding. Biennially thereafter, at the municipal election, a sufficient number of councilmen shall be elected for a term of four years, from the first Monday of January next succeeding to fill the places of those whose terms, under the provisions of this act, shall expire on the first Monday of January next following such election. Section 7. Whenever the court of quarter sessions shall divide any borough into wards, erect two or more wards or parts of two or more wards into one ward, or divide a ward already erected into two or more wards, as provided in chapter three, article three, of this act, and when the report in such case is confirmed by the court, it shall at the same time decree the election of an equal number of councilmen in each of the wards, in such manner as not to interfere with the terms of those theretofore elected. In decreeing such elec- tion, when the entire number of council shall be composed of an even number, the decree shall be so made that one-half of the entire num- ber shall thereafter be elected at each municipal election. When the 103 entire number of council shall be an odd number, the court shall divide such council into two classes, and shall make its decree so that one-half of the entire number of councilmen, less one, shall, as soon as possible, take their office in a year divisible by four and the remaining number of councilmen shall take their office in an even numbered year not divisible by four. The apportionment shall be so made by the court that there shall be equal or as nearly equal as possible, representation by wards in each class. Biennially thereafter at each municipal election a sufficient number of council- men shall be elected, for the term of four years from the first Monday of January next succeeding, to fill the places of those whose terms shall expire on the first Monday of January next following such election. Section 8. Whenever two or more boroughs are consolidated as provided in chapter two, article two, of this act the members of the council of each of such boroughs shall be members of the council of the new borough from the wards in which they respectively reside, and shall hold their office until the expiration of their terms. In consolidated boroughs divided into wards, the number of coun- cilmen in each ward shall be three. At the first municipal election next succeeding such consolidation, the qualified electors of such borough shall elect a sufficient number of couucilmen to equal one-half of the entire number of which such council is legally composed, to serve for a term of four years from the first Monday of January next succeeding their election, and where such entire number is seven, nine or eleven, and where the year in which such officers shall take office is divisible by four, then sufficient to constitute three, four or five as the case may be; and where such year is an even numbered year not divisible by four, then sufficient to constitute four, five, or six. At the second municipal election suc- ceeding such consolidation the remaining number of councilmen to which such consolidated borough is entitled shall be elected to serve for a term of four years from the first Monday of January next suc- ceeding. In- consolidated boroughs divided into wards the council shall by lot, prior to the first municipal election succeeding such con- solidation, apportion the councilmen to be elected as above provided, so that there shall be equal, or as nearly equal as possible, represen- tation by wards. Biennially thereafter at each municipal election a sufficient number of councilmen shall be elected to serve for a term of four years from the first Monday of January next succeeding to fill the places of those whose term shall expire on the first Monday of January next following such election. Section 9. The purpose of the three sections immediately preceding is that, as nearly as possible, one-half of the councilmen of every bor- ough shall be elected at each municipal election to serve for a term of four years from the first Monday of January next succeeding. 104 erm Section 10. Whenever, upon the division of any borough into wards or the creation of a new ward or wards, the number of councilmen cannot be equally divided among the wards of the borough, it shall be lawful for the court in decreeing such division or creation, to in- crease the number of council to and not exceeding such number as will enable the court to make an equal apportionment of the same among the several wards of such borough. Section 11. The court of quarter sessions having fixed the number of councilmen, as provided in section seven of this article, may, upon a petition of citizens of the borough, increase the same, to any num- ber not exceeding three for each ward. Section 12. Whenever the electors of any borough divided into wards are authorized by this act or by a decree of court to, elect three members of council from each ward, the court of quarter sessions may upon the petition of twenty citizens of such borough and after notice to the council, decrease the number of the council to be elected in each of such wards to two. At each municipal election thereafter the electors of each ward shall elect one councilman to hold office for a term of four years from the first Monday of January next succeeding his election. Section 13. Whenever the court of quarter sessions shall divide any borough into wards, it shall appoint for each ward such judges and inspectors of election to hold the first election after such division, as are by law required. Section 14. Electors of every borough, shall, at the municipal election in the year one thousand nine hundred and seventeen, and every four years thereafter, elect one person as burgess, who shall hold office for a term of four years from the first Monday of January next succeeding his election. Section 15. Whenever two or more boroughs are consolidated under the provisions of chapter two, article two, the burgess of the borough which shall have been first incorporated shall be the burgess of the consolidated borough, to serve until the expiration of his term. The burgess of the other borough shall become a member of the coun- cil of such consolidated borough from the ward in which he resides and shall continue a member thereof until the expiration of his term. At the first municipal election for the election of burgesses in bor- oughs and quadriennially thereafter, a burgess shall be elected in such consolidated borough for a term of four years from the first Monday of January next succeeding such election. Section 1C. The electors of every borough shall, at the municipal election in the year' one thousand nine hundred and fifteen, and every fourth year thereafter, elect one person as high constable, to serve for a term of four years from the first Monday of January next fol- lowing. 105 Section 17. The qualified electors in boroughs, not accepting the provisions of chapter seven, article five, of this act, shall elect, at the municipal election in the year one thousand nine hundred and fifteen, one auditor, and in the year one thousand nine hundred and seventeen, two auditors, to serve for a term of four years from the first Monday of January next succeeding their election. Biennially thereafter one or two auditors, as the case may be, shall be elected for a term of four years to fill the places of those whose terms shall expire on the first Monday of January next following such election. Section 18. The terms of office of all borough treasurers and street commissioners elected by the voters at large of any borough is fixed at four years from the first Monday of January next succeeding their election. Section 19. The qualified electors in every borough accepting the provisions of chapter seven, article five, of this act shall, at the municipal election in the year one thousand nine hundred and seventeen and every four years thereafter elect, as borough controller, one person who shall be a competent accountant and an elec- tor of the borough for at least four years prior to his election. The person so chosen shall serve for a term of four years from the first Monday of January next succeeding his election. Section 20. Whenever, in boroughs hereafter incorporated from a township as provided in chapter two, article one, in boroughs hereafter formed by the division of a borough as provided in chapter two,, article four, or in boroughs hereafter created by the detach- ment of territory as provided in chapter two, article four, section six, a special election is ordered by the court for the election of borough officers, the officers so elected shall hold their office until the first Monday of January next succeeding the municipal election at which such officers are elected as provided in sections six, seven, eight, fourteen, sixteen and nineteen of this article, and thereafter such officers shall be so elected that the time of their election, and in the case of councilinen and auditors, the number to be elected at any municipal election, shall coincide with the time and number elected at such municipal elections by boroughs incorporated prior to the passage of this act. Section 21. Any person receiving notice of his election as burgess, high constable, or a member of council refusing or neglecting to take upon himself the execution of such office, or any person having taken upon himself such duties, neglecting to discharge the same according to law, shall forfeit and pay the sum of twenty dollars to be recovered before any justice of the peace in the same manner as debts are recoverable. Any penalty so recovered shall be forth- with paid to the treasurer of the borough. 106 CHAPTER VIII. ELECTIONS VACANCIES IN OFFICE. ARTICLE II. FILLING OF VACANCIES. Section 1. The court of quarter sessions may, on petition of bor- ough council, fill vacancies occurring in any borough office, until the municipal election next following. Whenever a vacancy is filled by the court, as provided in this section, the electors of the borough shall, at the municipal election next succeeding such appointment, elect a sufficient number of persons to fill such vacancies for the unex- pired term. Section 2. The court of quarter sessions may fill vacancies in bor- ough councils, by the appointment of electors who voted for the person last holding the office in which the vacancy occurs. Any person so ap- pointed shall hold office for the unexpired term. Section 3. Whenever any vacancy occurs in borough councils from a failure to elect, or whenever two or more vacancies occur in borough councils for any cause, the court of quarter sessions may order an election to fill the same, at such time and upon such notice as the court may prescribe. The persons so elected shall hold their office until the first Monday of January next succeeding the municipal election at which such offices are regularly filled. Section 4. The borough council may fill any vacancy in their body until the municipal election next following, at which election a suffi- cient number of persons shall be chosen to fill such vacancies for the unexpired term. The voters shall designate on their ballots that the persons thereon named are voted for to fill an unexpired term. Section 5. The court of quarter sessions may on petition of coun- cil, or of any resident of the borough, fill any vacancy occurring in the office of burgess. Any person so appointed shall hold office for the unexpired term. Section 6. The court of quarter sessions may fill any vacancy oc- curring in the office of high constable or of borough auditor. Any person so appointed shall hold office for the unexpired term. Section 7. The court of quarter sessions shall fill any vacancy oc- curring in the office of borough controller, and the person so appointed shall serve until the first Monday of January succeeding the munici- pal election occurring two mouths after the happening of such vacancy, at which election a successor shall be elected for the unex- pired term. 107 CHAPTER IX. PARKS SHADE TREES FORESTS. ARTICLE I. PARKS AND PLAYGROUNDS. Section 1. Boroughs may improve, maintain and regulate public parks, parkways and playgrounds within the borough limits. Section 2. Boroughs may enter upon, appropriate and acquire by gift, devise, purchase, lease, or otherwise, private property for the purpose of making, enlarging and maintaining public parks, park- ways, and playgrounds. The provisions of this section shall not authorize the appropriation of private property outside the borough limits Section 3. No appropriation, purchase or lease shall be made, pursuant to the preceding section, whereby any borough shall, within any period of three years, obligate itself to pay in the aggregate any sum exceeding one and one-half mills on the dollar, on the assessed valuation of all property, offices, professions and persons in the bor- ough upon which county taxes are rated and levied, without the con- sent of a majority of the electors obtained as hereinafter provided. Section 4. Whenever any borough shall, by ordinance, provide for the appropriation, purchase or leasing of private property for the purposes aforesaid, and the value of such property or the rental there- of, shall alone, or when added to the amount of liability incurred for any of the purposes aforesaid within the preceding three years, exceed one and one-half mills on the dollar of valuation as provided in the preceding section, the council shall cause the question of. such appropriation, purchase or leasing, to be submitted to the electors of the borough at the municipal or general election next occurring after the expiration of forty days from the date of such ordinance. Section 5. The council shall give notice of the proposed submis- sion of such question by weekly advertisements in not more than three newspapers published in the borough for a period of four weeks im- mediately preceding the day of election, and if no newspaper be pub- lished therein, by twenty printed handbills posted in conspicuous places, at least twenty-one days prior to such election. Section 6. For the purpose of having such question appear upon the ballot, the council shall certify the question to the county com- missioners, at least twenty-one days before the day of the election. The question may be stated substantially as follows : 108 "Shall the borough of acquire by purchase or condemna- tion, or both, at a price not exceeding dollars (or by lease for not more than years, at an annual rental of not more than dollars), property for the purpose of making (or of enlarging) public parks, parkways and playgrounds, within the lo- cality bounded by " The council may at their discretion, omit the designation of the locality. Section 7. The result of the vote on such question shall be ascer- tained and certified in the same manner as the vote on the election of officers named on the same ballots. No such question determined negatively by the voters shall be again submitted until one munici- pal or general election shall intervene. Section 8. The appropriation of private property for the purpose of making, enlarging and maintaining public parks, parkways and playgrounds, is declared to be the taking of private property for public use ; and for all damage suffered by the owners of any property so taken, the funds of the borough, raised by taxation, shall be pledged as security. Section 9. Whenever compensation for the damages arising from such appropriation cannot be agreed upon, the borough may tender its bond as security to the party claiming or entitled to any damages, to the attorney or agent of any person absent, to the agent or other officer of a corporation or to the guardian or committee of any person under legal incapacity, the condition of which shall be, that the borough shall cause to be paid such amount of damages as the party shall be entitled to receive, after the same have been agreed upon or assessed. Section 10. Whenever any party claiming damages for property taken under the provisions of the preceding sections of this article, refuses or neglects to accept the security so tendered, the borough may, upon ten days' written notice, given to the party, his agent, attorney, guardian, or committee, present its bond to the court of common pleas. If approved the bond shall be filed for the benefit of those interested, and recovery may be had thereon for the amount of damages ascertained or finally determined, if the same be not paid, by an execution on the judgment in the issue formed to try the ques- tion. Upon the approval of such security the borough may enter into possession, hold and use such land for such purposes forever. Section 11. Whenever any borough appropriates private property under the provisions of this article, and is unable to agree with the owners or lessees for the amount of compensation, or whenever by reason of the absence or legal incapacity of any owner or lessee no such compensation can be agreed upon, the courts of common pleas, or any law judge thereof in vacation, on application thereto by the 109 borough or any person interested, shall appoint three freeholders as viewers and shall designate a time, not less than twenty nor more than thirty days thereafter, when the \ 7 iewers shall meet upon the property and view the same. Section 12. The viewers shall give ten days notice of the time and place of their first meeting to the owners of the property, their agents, attorneys or representatives, by writing served, if they reside within the county, in the same manner as the service of summons in personal actions; otherwise by handbills posted upon the premises or by such other notice as the court may prescribe. Section 13. The proceedings before the viewers for the assessment of damages, and the proceedings upon their report shall be as pro- vided in chapter six, article two, of this act. Section 14. The final confirmation of the report of viewers shall operate as a judgment against the borough in favor of the party to whom damages have been awarded by the report, or by so much of the report as is confirmed. Interest is allowed on such judgment from the date of filing the report. Section 15. Whenever any borough repeals any ordinance or dis- continues any proceeding taken, providing for the appropriation of property under this article, prior to the entry upon or injury to such property and within thirty days after the filing of the report of viewers assessing damages, the borough shall not thereafter be liable to pay any damages which have been or might have been as- sessed ; but the costs upon any proceeding had thereon, shall be paid by the borough together with the actual damage sustained by reason of such proceedings. Section 16. Whenever, prior to the first day of June, one thousand nine hundred and eleven, any borough acquired land outside its cor- porate limits for park purposes, such borough may own and possess such land for park purposes, and, is authorized to lay out and main- tain the same, and to appropriate money to defray expenses incident to such work. Section 17. Every borough shall have a general plan of its parks and playgrounds, which plan shall be filed in the office of the en- gineer or other proper officer of the borough. All subdivisions of property thereafter made shall conform thereto. The location of parks and playgrounds laid out and confirmed by the borough council shall not afterwards be altered without the consent of the council; and no map or plot of parks or playgrounds shall be entered or re- corded in any public office of the county until approved by the borough council. Section 18. No person shall recover any damages for the taking, for public use, of any buildings or improvements of any kind placed or constructed up@n or within the lines of any located park or play- ground, after the same has been located by the borough council. 110 CHAPTER IX. PARKS SHADE TREES FORESTS. ARTICLE II. SHADE TREES. (a) ESTABLISHMENT OF SHADE TREE COMMISSION. Section 1. Boroughs may establish a conmiision to be known as the shade tree commission of such borough. Section 2. The commission shall be composed of three free-holders of the borough, who shall be appointed by the burgess and shall serve without compensation. Whenever a shade tree commision is established by any borough, the burgess shall appoint three free-holders, one for a term of three years, one for a term of four years, and one for a term of five years. On the expiration of the term of any commissioner, a successor shall be appointed by the burgess to serve for a term of five years. Vacancies in the office of commissioner shall be filled by the bur- gess for the unexpired term. Section 3. Whenever in any borough there exists a commission for the care of public parks, the council may by ordinance accept the provisions of this article, so far as it relates to the subject of the shade tree commission, and thereafter the park commission shall have all the powers and be subject to all the duties prescribed by this article for the shade tree commission. Section 4. The commission shall have exclusive custody and con- trol of the shade trees in the borough and is authorized to plant, re- move, maintain and protect shade trees on the public highways in the borough. Section 5. The commission may employ and pay such superinten- dents, engineers, foresters, tree-wardens, or other assistants as the proper performaDce of the duties devolving upon it shall require; and may make, publish and enforce regulations for the care and pro- tection of the shade trees of the borough. No such regulation shall be in force until it has been approved by the council, and until it has been published at least twice in one or two newspapers of the bor- ough. Section 6. The shade tree commission shall annually report in full, to the burgess, its transactions and expenses for the last fiscal year of the borough. The park commission, in boroughs accepting this ar- ticle, may incorporate such transactions and expenses in its regular report to council. 8 111 Section J. Whenever any shade tree commission or park commis- sion in boroughs accepting this article, proposes to plant, transplant or remove shade trees on any highway, notice of the time and place of the meeting at which such work is to be considered, shall be given in one or more newspapers published in the borough once a week for two weeks immediately preceding the time of the meeting. The notice shall specify in detail the highways or portions thereof upon which trees are proposed to be so planted, re-planted or removed. Section 8. The cost of planting, transplanting or removing any shade trees in the highways of the borough, of the necessary and suitable guards, curbing or grating for the protection thereof, and of the replacing of any pavement or sidewalk necessarily disturbed in the execution of such work, shall be paid by the owner of the real estate in front of whose property the work is done. The amount each free-holder is to pay shall be ascertained and certified by the commission to council and to the borough treas- urer. Section 9. Upon the filing of the certificate with the council, the secretary of the borough shall cause thirty days' written notice to be given to the persons against whose property an assessment has been made. The notice shall state the amount of the assessment and the time and place of payment and shall be accompanied with a copy of the certificate. The amount assessed against the real estate shall be a lien from the time of the filing of the certificate with the council, and if not paid within the time designated in the notice a claim may be filed and col- lected by the borough solicitor in the same manner as municipal claims are filed and collected. Section 10. The cost and expenses of caring for such trees after having been planted and the expense of publishing the notice provided in the preceding section shall be paid by the borough. The needed amount shall each year be certified by the commis- sioners to the borough council and shall be drawn against, as required by the commission, in the same manner as money appropriated for borough purposes. The borough council instead of levying the tax authorized by the general taxation act of one thousand nine hundred and fifteen, may provide for the expense of caring for trees already planted and of publishing the notice required by the preceding section by appro- priations equal to the amount certified to be required by the com mission. 112 Section 11. The commission may assess penalties for the violation of its regulations and of this article so far as it relates to shade trees. Any penalty so assessed shall be a lien upon the real estate of the offender, and may be collected as municipal claims are collected. Section 12. All penalties, or assessments imposed under this article shall be paid to the borough treasurer, to be placed to the credit of the commission subject to be drawn upon by the commission for the purposes of the preceding sections of this article. (b) POWER OF BOROUGHS WITH REGARD TO SHADE TREES. Section 13. Boroughs may by ordinance, upon the petition of a ma- jority of the property owners upon any public street thereof, re- quire tfye planting and re-planting of suitable shade trees along and upon the sides of such streets, upon such alignment and at such points as may be by such ordinance designated, by the owners of property abutting the street at the points designated. This section does not authorize boroughs to require the planting or re-planting of trees at any point which may interfere with the necessary or reasonable use of any street or abutting property or unreasonably interfere with any business conducted thereon. Section 14. On failure of any owner, after reasonable notice, to comply with the terms of any such ordinance, the borough may cause such trees to be planted or re-planted at the expense of the borough, and thereupon, in the name of the borough, collect the cost of such work, from the owners in default, as debts of like amount are by law collectible. CHAPTER IX. PARKS SHADE TREES FORESTS. ARTICLE III. FORESTS. Section 1. Boroughs may acquire by purchase, gift or lease, and hold tracts of land covered with forest or tree growth or suitable for the growth of trees and administer the same, under the direction of the commissioner of forestry, in accordance with the practices and 113 principles of scientific forestry, for the benefit of the borough. Such tracts may be of any size suitable for the purpose, and may be located within or without the borough limits. Section 2. Before the passage of any ordinance for the acquisition of land to be used as municipal forests, the burgess shall submit to the commissioner of forestry, and secure his approval of, the area and location of such land. Section 3. Whenever the council of any borough deems it expedient to acquire any lands for the purposes of municipal forests, it shall so declare in an ordinance, wherein shall be set forth all facts and conditions relating to the proposed action; which proposed ordi- nances, shall be advertised once, a week for three weeks, prior to its passage. Section 4. All money necessary for the purchase of such tracts shall be appropriated in the same manner as appropriations for borough purposes; and such funds may be provided from the current revenue, or by the proceeds of a sale of bonds in accordance with existing law. Section 5. Upon the acquisition of any municipal forests or lands suitable for such, the council shall notify the commissioner of forestry who shall make such rules for the government and proper adminis- tration of the same as may be necessary, and the council shall publish such rules, declare the uses of the forest in accordance with the intent of this article, and make such provision for its administration, main- tenance, protection and development as shall be necessary or expedi- ent. The rules governing the administration of such forests shall have for their main purpose the producing of a continuing borough revenue by the sale of forest products. Section 6. All moneys necessary to be expended for the adminis- tration, maintenance, protection and development of such forests shall be appropriated and applied as is now done for borough pur- poses ; all revenue and emoluments arising from such forests shall be paid into the borough treasury to be used for general borough pur- poses. Section 7. Municipal forests may be used by the public as general outing or recreation grounds subject to the rules governing their ad- ministration as municipal forests. Section 8. Whenever the council of any borough deems it expedient to alienate any municipal forest or part thereof, it shall so declare in an ordinance wherein shall be set forth all the facts and conditions relating to the proposed action; which proposed ordinance shall be advertised once a week for three weeks prior to its passage. No ordinance shall be effective in legalizing such alienation until it has been approved by a majority vote of the people, at the next ensuing election. 114 CHAPTER X. LIBRARIES. ARTICLE I. Section 1. A borough council may submit to the qualified electors of such borough, at any municipal election, the question of the estab- lishment and maintenance of a public library, and must submit such question, if petitioned for by three per centum of the voters registered at the last general election. At such election the question of estab- lishing an annual tax, not exceeding two mills on the dollar on all taxable property in the borough, shall be submitted and voted upon. Section 2. The rate of tax so voted shall be an annual tax rate until another vote is taken changing the same. The tax shall be levied and collected in like manner as other taxes in the borough, and shall be in addition to all other taxes, and shall be used for no pur- pose other than that of establishing and maintaining a public library. The money so raised shall be under the exclusive control of a board of library directors appointed as hereinafter provided. Section 3. If five per centum of the registered electors of any borough shall petition council to submit the question of creating a bonded indebtedness, for purchasing ground and erecting buildings for library purposes, the council must submit such question at the next general election. Section 4. Boroughs may, by ordinance or resolution, purchase, enter upon and appropriate private property within the limits of such borough, for the purpose of establishing or enlarging public libraries. Section 5. Whenever any borough shall appropriate private prop- erty for public library purposes, and the borough cannot agree with the owner thereof for the price to be paid therefor, or when by reason of the absence or legal incapacity of any such owner no such com- pensation can be agreed upon, the court of common pleas, or any judge thereof in vacation, on application thereto, by petition, by the borough council or any person interested, shall ^appoint three citi- ens of the county as viewers, and shall appoint a time, not less than twenty nor more than sixty days thereafter, when the viewers shall meet upon the premises and view the same, of which time and place ten days' notice shall be given by the petitioner to the viewers and all parties interested, by personal service, when such service can be ob- tained, otherwise by public notice in one or more newspapers, or by handbills posted on the premises, or in such other manner as the court may direct. 115 Section 6. The proceedings before the viewers for the allowance of damages, for property taken, injured or destroyed, and the proceedings upon their report, shall be as provided in chapter six, article two, of this act. The costs incurred in such proceedings shall be paid by the borough. Section 7. The affairs of public libraries in boroughs, shall be under the control of a board of library directors, to be composed of not less than five nor more than nine persons, as may be determined by council. The superintendent of schools of the borough shall be an ei-officio member of the board. The directors shall be appointed and vacancies filled by the burgess and confirmed by council. The first appointees shall be appointed one-third for one year, one-third for two years and one-third for three years, and all appointments to fill the places of those whose terms expire, shall be for a term of three years. Vacancies in the board of directors shall be filled for the unexpired term. Section 8. The board of library directors shall organize by the election of a president and treasurer from its membership, and such other officers and agents as the board may deem necessary. The treas- urer shall give bond in an amount to be fixed by the board. Section 9. Every such library shall be free to the use of the resi- dents of the borough, subject to such reasonable rules and regulations as the board of library directors may adopt, and the board may ex- clude, from the use of a library, any person who shall wilfully vio- late such rules. The board may extend the privileges of such library to persons residing outside the limits of such borough, upon such terms and conditions as the board may prescribe. Section 10. The board shall make an annual report to the council of the borough covering the fiscal year of such borough, stating the condition of the library and of any branch thereof; the amount of money received from the library tax and from other sources, and how such moneys have been expended and for what purposes; the number of books and periodicals on hand, and the number added by pur- chase, gift or otherwise during the year; the number of registered readers, the number of books loaned out, and the general character and kind of such books; with such information and suggestions as may be of general interest. Section 11. Boroughs may pass ordinances, imposing suitable penalties, for the punishment of persons committing injury to li- braries, or to the grounds or property thereof, or for failing to return, at the time and in the manner specified in the rules of the library, any books belonging to the same. Section 12. Any person desiring to make donations, of books, money, personal property or real estate for the benefit of such library, may vest the title thereto in the board of library directors, to be held and 116 controlled by such board, according to the terms of the deed, gift, devise or bequest, and as to such property the board shall be held to be trustees. Section 13. The provisions of sections one, two, three, seven, eight, nine, ten, eleven and twelve of this article shall not apply to any borough wherein a free library was established prior to the seventeenth day of June, one thousand nine hundred and one, and is in existence at the time the provisions of such sections are sought to be invoked. Section 14. Boroughs are authorized to contract with the managers or owners of any existing non-sectarian public library, for a fixed sum of money, to be paid annually, at such periods as may be agreed upon, for the free use of such library by the residents of such bor- oughs. No such contract shall be entered into for a longer period than three years. Section 15. The councils may appropriate annually, from the taxes levied and collected for borough purposes, an amount not to exceed one mill on the dollar on all taxable property in such boroughs, for the purposes specified in the preceding section. Section 16. Boroughs may make appropriations, not to exceed one mill on the dollar on all taxable property, to aid in the establishment and maintenance of free public libraries, for the use of the residents of such boroughs, upon the condition that the borough shall be repre- sented in the management of such library. Section 17. All taxes on dogs, levied and collected under this act for borough purposes, may be appropriated for the support and main- tenance of public libraries. All library companies, to which such an appropriation is made, shall maintain a free reading room for the use of all the inhabitants of such boroughs. CHAPTER XT. BURIAL GROUNDS. ARTICLE I. Section 1, Boroughs may prohibit within their limits, or within any described territory within such limits, the burial or interment of deceased persons, and may regulate the depth of graves. Section 2. When the title and management of any burial ground is vested in a borough, the council of such borough, upon petition of ten lot owners in such burial ground, may transfer such burial ground and the management thereof, to an incorporated cemetery company. 117 Section 3. Upon the presentation, to council, of such petition, the council may pass an ordinance declaring, that upon the acceptance of the provisions of such ordinance by the incorporated cemetery company, filed with the borough secretary, the title and control of such burial ground shall vest in such incorporated cemetery com- panies. Section 4. The secretary of the borough shall record the acceptance of any such incorporated cemetery company in the ordinance book of the borough, and a copy of the ordinance and the acceptance thereof, certified by the burgess and secretary of the borough, shall be re- corded in the office of the recorder of deeds of the county. Section 5. Authority is vested in the court of quarter sessions, to make such orders for the regulation of burial grounds, situated in and adjacent to boroughs, as the public good shall require; and when any burial ground shall become so neglected as, in the opinion of the court, to become a public nuisance, the court may direct the removal of the dead therefrom, by the borough authorities, to some other bur- ial ground. Section 6. Upon the petition of any incorporated cemetery com- pany, and a majority of the taxables of any borough, the Section 9. Is a part of Section 1 of the Act of June 20, 1911, P. L. 1087, amending Section 1 of the Act of April 17, 1905, P. L. 193. Section 10. Is a part of Section 1 of the Act of June 20, 1911, P. L. 1087, amending Section 1 of the Act of April 17, 1905, P. L. 193. This section has been re-drafted and shortened but the law has not been changed. 203 CHAPTER VI. ARTICLE VI. ROADS PARTLY WITHIN THE BOROUGH. Before discussing the several sections of this article, a short sketch of the legislation on the subject of roads partly within a borough, was deemed necessary. Prior to the Act of 1851, P. L. 320, all roads, whether wholly or partly within the borough, were laid out by the Court of Quarter Sessions under the Act of 1836, known as the General Road Law. The Act of 1851 empowered the borough council to lay out roads wholly within the borough, and the Act of 1856, P. L. 525, provided the method whereby the damages might be assessed. So far, however, as roads partly within a borough were concerned, it was held by the Supreme Court that the Act of 1851 did not apply and these roads were still to be laid out under the General Road Law of 1836. (See "In Re Parkersburg Borough, 124 Pa. 511.") Section 1. Is a section drafted from Section 27, Proviso 2 of Clause 3, of the Act of April 3, 1851, P. L. 320, amended by Section 2 of the Act of May 22, 1883, P. L. 39. General reference in this section, viz., "like proceedings shall be had as for the laying out and opening of public roads' 7 is to the General Road Law of 1836, P. L. 551 and its several amendments and supplements. A general reference was made instead of a specific one, in view of the ruling of the courts that a general reference to an existing method of procedure is con- stitutional. The general reference was also preferred because it ap- pears in the Act of 1851, P. L. 320, and there seemed no necessity for incorporating the entire procedure of the Act of 1836, in the code. Section 2. Is Section 27, Proviso 2 of Clause 3, of the Act of April 3, 1851, P. L. 320 as amended by Section 2 of the Act of May 22, 1883, P: L. 39. Section 3. Is Section 27, Proviso 1 of Clause 5, of the Act of April 3, 1851, P. L. 320. In "In Re Parkersburg Borough," 124 Pa. 511, it was held that since the passage of the Act of 1851, giving the borough council the power to lay out and open roads wholly within the borough, the first proviso of Clause 5 of Section 27 of the Act of 1851 ap- plied now only to roads partly within the borough and laid out under the General Road Law of 1836. Section. 4. Is Section 1 of the Act of May 23, 1891, P. L. 109. From this section has been omitted the clause "or within six years from the 204 date of notice of the intended opening of the same under an ordi- nance or resolution duly passed but not thereafter." This was omitted from this section because it was felt that it could not in any manner relate to boroughs. It will be noted that this section is limited to cases where the road is laid out by a jury and not by the borough council itself. Since all roads wholly within the borough are laid out by the borough council and not by a jury of view, this act was restricted in its application in this code to roads partly within the borough and laid out by Courts of Quarter Sessions. The section in its original form is general to municipal corporations and it is possible that the clause stricken from the section has reference to some municipal corporation other than a borough. Section 5. Is Clause 5 of Section 27 of the Act of April 3, 1851, P. L. 320. In "In Ke Parkersburg Borough," 124 Pa. 511, it was held that this provision of the Act of 1851 applied to roads partly within the borough. From this section was omitted the clause "but the loss of injury sustained by the laying out of the same, or the en- actment of such widening or straightening thereof, shall be deter- mined by the agreement of the parties, or by a jury of view appointed by the Court of Quarter Sessions." The clause was omitted be- cause it seems to be declaratory of what will be said in another part of the code, in providing a procedure for the assessment of damages in such cases. Section 6. Is a part of Section 1 of the Act of May 5, 1911, P. L. 123. What was Section 1 of the Act of 1911 has in this code been divided into three sections. It was thought thereby to obtain clearer reading and better arrangement. Section 7. Is a part of Section 1 of the Act of May 5, 1911, P. L. 123. Section 8. Is a part of Section 1 of the Act of May 5, 1911, P. L. 123. CHAPTER VI. ARTICLE VII. STREET IMPROVEMENT. GRADING STREETS AND ASSESSMENT OP DAMAGES. Section 1. Is a section drafted from Section 1 of the Act of June 5, 1913, P. L. 411, amending Section 2, Clause 4 of the Act of April 3, 1851, K. L. 320; and Section 1 of the Act of April 28, 1899, P. L. 100, 205 amending the Act of May 16, 1891, P. L. 75. Provisions from both of -these acts have been taken in view of the decision in "West Chester Alley," 160 Pa. 89; "Hanover Borough's Appeal," 150 Pa. 202; "Seaman v. Washington Borough," 172 Pa. 467, and "Deer v. Sheridan Borough," 220 Pa. 307. In "Seaman v. Washington Borough," the court held that the Act of 1891, P. L. 75 did not re- peal the Act of 1851, P. L. 320, so far as it related to the grading of streets, but that it must be read in addition to the Act of 1851. It was also held that it was doubtful whether the provisions of the Act of 1891 authorized the changing of a grade that had once been established. This power to change grades was undoubtedly given to boroughs by the Act of 1851. Section 2. Is Section 1 of the Act of July 12, 1897, P. L. 246, amending Section 3, Clause 8 of the Act of April 3, 1851, P. L. 320. This act originally applied also to the laying out, widening, etc. of streets. These provisions have here been omitted, having been incorporated in chapter 6, Article 4, relating to the opening, widening, etc. of streets. Section 3. Is a section drafted from Section 1 of the Act of April 28, 1899, P. L. 100, amending Section 8 of the Act of May 16, 1891, P. L. 75. This section is inserted to cover all cases of the grading of streets where private property is damaged, and the reference to Chapter 6, Article 2, is a reference to the procedure under the Act of 1891 and its several amendments and supplements. A material change has been made in the law relating to the assessment of dam- ages in the grading of streets. Under the Act of May 24, 1878, P. L. 129, as amended by the Acts of April 27, 1911, P. L. 89 and June^ 24, 1895, P. L. 248, a procedure was provided in the court of common pleas for the assessment of damages, where the grades or lines of any street were altered or enlarged and damages resulted to the owners of property abutting thereon. By the Act of 1891, P. L. 75, an additional mode of procedure, in the court of common pleas, was established, providing for the assessment of damages in the case of grading streets. In "Seaman v. Washington Borough," 172 Pa. 467 and "Deer v. Sheridan," 220 Pa. 307," it was held that the Act of 1891 did not repeal the Act of 1878 and that a party had an option to proceed under either act. There seems to be no necessity why these two modes of procedure should remain upon the statute books. The Act of 1891 has been adopted, first, because its procedure is very complete and minute in detail, second, all that was necessary in this article was simply a reference to the chapter and article rhere that procedure is set forth, where, if the Act of 1878 had 'teen adopted, it would have necessitated setting forth the entire pro- ledure. There was some doubt whether this Act of 1878 did not 206 go further than the grading of streets, and also include under the clause "changing the lines of any street," the widening or straight- ening of the streets. This point was raised and decided in "In Re Brady Street," 99 Pa. 591, where it was sought to apply the pro- visions of this Act of 1878 to the widening of a street. The court dis- missed the case and held that the act was restricted to the case of grading. (b) GRADING, CURBING, PAVING, MACADAMIZING STREETS ON PETITION, AND ASSESSMENT ACCORDING TO BENE- FITS. Section 4. Is a part of Section 1 of the Act of April 28, 1899, P. L. 100, amending Section 8 of the Act of May 16, 1891, P. L. 75. In this subhead of this article has been included the power to grade, pave, curb or macadamize upon petition of property owners. This same proposition is covered by subhead (c) of this article. The distinc- tion between the two heads is that under (b), the costs, expenses, etc. are assessed by the viewers, whereas under clause (c), they are assessed according to the foot front rule. Section 5. Is part of Section 10 of the Act of May 16, 1891, P. L. 75 Section 6. Is a part of Section 10 of the Act of May 16, 1891, P. L. 75. Section 7. Is a part of Section 10 of the Act of May 16, 1891, P. L. 75. Section 8. Is a part of Section 1 of the Act of April 28, 1899, P. L. 100, amending Section 8 of the Act of May 16, 1891, P. L. 75. (c) GRADING, CURBING, PAVING OR MACADAMIZING STREETS AND COLLECTION OF COST BY FOOT-FRONT RULE. The statutory law on the subject of grading, curbing, paving or macadamizing of borough streets and collecting the cost of such im- provement from properties abutting thereon according to the foot- front rule, is comprehended under four acts of Assembly, to wit: The Act of April 23, 1889, P. L. 44, providing for the paving, curb- ing, and macadamizing of streets on petition of owners of property representing two- thirds of the number of feet-front and assessing two-thirds of the cost on such property; the Act of May 19, 1897, P. L. 79, providing for the grading of streets on petition of a ma- jority of owners in interest and number abutting the proposed im- provement, and the assessment of the whole or part of the cost upon such property; the Act of April 20, 1905, P. L. 232, providing for the grading, curbing, paving or macadamizing on petition of property owners representing four-fifths of the feet-front and assess- 14H 207 ing the whole cost on such property ; and the Act of May 12, 1911, P. L. 288, providing for the grading, curbing, paving or macadamizing of streets without a petition or the improvement, and the assess- ment of two-thirds of the cost according to the foot-front rule. As these acts, if all their provisions were retained, would present the subject in a confusing and unscientific way, it has been sought to incorporate the enabling provisions of all these acts into one sec- tion and to evolve from all the statutes a common method of pro- cedure. The Acts of 1889, 1905, 1911, offered little difficulty to this plan, as they contained many similar provisions. The chief difficulty lay in the Act of 1897, as it contained a different procedure than was comprehended in the other statutes. The first difference was as to the method of notice of the fact that a petition for the im- provement had been made, the system under the Acts of 1889 and 1905 being to advertise the ordinance by posting hand-bills along the proposed improvement stating the fact and date of the passage of the ordinance, and that any person interested denying the fact that the ordinance was properly signed might appeal to the court of common pleas, and, if on appeal the ordinance was affirmed or if no appeal was taken, then every person was estopped from denying the fact that the improvement was properly petitioned for, while, under the Act of 1897, such a mandatory notice was not required, but the borough was authorized to publish the petition in a newspaper circulating in the borough and any person was thereafter estopped from denying the petition for the improvement. As there seems to be no good reason for this difference in acts of Assembly which contemplate the same improvement and the collection of the cost in the same way, and in order to make a uniform procedure in all cases where the foot-front rule applies, the provisions of the Act of 1897, relating to the notice have been omitted and the proceedings specified in the Acts of 1889 and 1905 substituted. Another distinguishing feature in the Act of 1897 was that it provided that the person who made the assessment was required to give five days notice of such fact by publication, as well as by service either personal or left on the assessed premises. The system which obtained under the Acts of 1889 and 1905, was not to give notice of the making of the assessment, but after the assessment had been made and filed with the secretary of the borough this officer was required to give thirty days notice to persons who were assessed, to pay the same. There is no good reason why there should not be a uniform method in making known to the owner the amount with which he is charged for the improvement, and this, coupled with the fact that it is the only way that these acts could be incorporated into one draft, the notice contained in the Act of 1897 has been omitted, and the method provided in the Acts of 1889 and 1905 has been substituted. 208 By the changes above mentioned it has been possible to draft a section covering similar provisions in all the four acts of Assembly and to condense into eight sections what was contained in twenty- nine sections of the original acts. So much of all these acts as re- late to the subject of municipal claims has been omitted where their provisions are covered by the Municipal Claim Act of 1901. Section 9. Introductory Clause. Is a draft of the enabling clauses of the following acts: Section 1, Act of May 19, 1897, P. L. 79; Section 1, Act of June 8, 1911, P. L. 714 ; and Section 1, Act of June 13, 1911, P. L. 887, both of which are amendments of Section 1, Act of April 23, 1889, P. L. 44; Sec- tion 1, Act of April 20, 1905, P. L. 232 ; and Section 1, Act of May 12, 1911, P. L. 288. In addition to the enabling clauses contained in the Acts of Assembly covering the four methods of improving streets there has been incorporated in this part of Section 9, of the code, so much of the Act of April 14, 1905, P. L. 168, as provides for the verification of the petition. In this connection it is desired to state that the Act of 1897, did not affirmatively provide that the petition should be verified, but in view of the fact that it is the general practice to require such affidavit the law has been slightly changed in the code, so as to require this affidavit where the provisions of the Act of 1897, as incorporated in the code, is desired to be invoked. Section 9. Clause. I. Is a draft from Section 1, Act of June 8, 1911, P. L. 714, and section 1, Act of June 13, 1911, P. L. 887, both of which are amend- ments of Section 1, Act of April 23, 1899, P. L. 44, the later amend- ment overlooking the former, and thereby necessitating the incor- poration of all the provisions of the two amendments which are not inconsistent in conformity with the ruling in Mercersburg College Case, 53 Pa. Supt. Ct. 388. Recommendation: This clause should in- clude grading, as this is necessary in the paving and curbing of a street. Clause II. Is a draft from Section 1, Act of June 8, 1911, P. L. 714, and Section 1, Act of June 13, 1911, P. L. 887, both of which are amend- ments of Section 1, Act of April 23, 1889, P. L. 44. This, as will be noted, is a draft from the same acts as are comprehended in the preceding clause, it being thought that the subject would be presented in a clearer manner, if the provisions of the section were divided in this way. The reconciliation of these acts was not without difficulty. By the original Act of 1889, the petition was required to be by two- thirds of the property owners representing two-thirds of the feet- front abutting the line of the improvement, and provided for the assessment of two-thirds of the cost according to the foot-front rule. By the first amendment of 1911, no change was made in the law relative to the condition of the petition; it was still required to be 209 signed by two-thirds in number and two-thirds in feet-front, but it was provided that where property could be assessed only on one side of the street then one-half of the cost and not two-thirds should be collected. The second amendment of 1911 which overlooked the first changed the conditions of the petition for such improvement in that it need not be signed by two-thirds in number, but only by owners representing two-thirds of the feet-front abutting the im- provement. Since both of the amendments must be reconciled where not inconsistent and the inconsistent provisions stricken out, the first amendment of 1911 must be taken as good law with the exception that the requirement of the signatures of two- thirds in number of the owners of real estate abutting the improvement has been super- ceded. In Clause I of this section of the code, has been incor- porated the contingencies upon the happening of which two-thirds of the cost may be assessed, and in clause two the provision which justify the assessment of but one-half of such cost. Recommendation: This clause should include grading, as this is necessary in the pav- ing and curbing of a street. Clause III. Is a draft from Section 1, Act of April 20, 1905, P. L. 232, excluding that part providing that the assessment shall be estimated by such authorities as shall be designated by the council as this will appear in Section 15 of this article. Clause IV. Is drafted from Section 1, Act of May 19, 1897, P. L. 79, omitting that part of the section which relates to the publication of the pe- tition. This omission was made for the reason, as stated in the introduction, that the notice contained in the Acts of 1889 and 1905, has been substituted, in order to make the procedure for the im- provement of streets upon a petition and the assessment of the cost according to the foot-front rule, uniform. Clause V. Is part of Section 1, Act of May 12, 1911, P. L. 288. This clause contains only the enabling provisions of Section 1, the remainder appearing in Sections 13 and 14 of this article. Section 10. Is a draft from Section 1, Act of April 14, 1905, P. L. 168, sup- plementing Act of April 23, 1889, P. L. 44, and Section 1, Act of May 5, 1911, P. L. 166, supplementing Act of April 20, 1905, P. L. 232. The draft has been made to include the provisions of the Act of 1897, and to supply the provision of that act relative to the advertisement of the petition. Section 11. Is part of Section 1, Act of April 14, 1905. P. L. 168, supplementing Act of April 23, 1889, P. L. 44, and Section 1, Act of May 5, 1911, P. L. 166, supplementing Act of April 20, 1905, P. L. 232. 219 Section 12. Is a draft from Section 1, Act of April 14, 1905, P. L. 168, sup- plementing Act of April 23, 1889, P. L. 44, and Section 1, Act of May 5, 1911, P. L. 166, supplementing Act of April 20, 1905, P. L. 232, omitting therefrom the provisions relating to the filing of the assessment with the secretary of the borough, this provision being reserved for Section 16 of this article. It will be noted that what was included in one section of the supplementary acts has in this code been divided into three sections, it being thought that clearer reading would thereby be obtained, and it may be well to repeat that as incorporated in this code, the provisions of these three sections, to wit: 12, 13, and 14, which in their original form applied only to the procedure originally set forth in the Acts of 1889 and 1905, now includes the contingency provided for in the Act of 1897. Section 13. Is part of Section 1, Act of May 12, 1911, P. L. 288, with some slight changes in the verbiage made in order to emphasize the fact that it obtains only where no petition for the improvement is made. Section 14. Is part of Section 1, Act of May 12, 1911, P. L. 288. What was included in Section 1, of the original act has here been divided into two sections, it being thought that the subject could be presented more clearly in this way. Section 15. Is a draft from Section 1, Act of June 13, 1911, P. L. 887, amending Section 1, Act of April 23, 1889, P. L. 44; Section 1, Act of April 20, 1905, P. L. 232, and Section 1, Act of April 12, 1911, P. L. 288. Section 16. Is a draft from part of Section 2, Act of April 23, 1889, P. L. 44 ; Section 2, Act of April 20, 1905, P. L. 232 ; Section 2, Act of May 12, 1911, P. L. 288. The Act of 1897, provided, as was stated in the in- troduction to this article, a somewhat different notice. For the rea- sons already stated the notice contained in this Act of 1897, has been omitted and the one which appears in these three acts from which this draft is made, is substituted, in order to make the pro- cedure uniform in all cases where the assessment is by the foot-front rule. Section 17. Is a draft from part of Section 2, Act of April 23, 1889, P. L. 44; Section 2, Act of April 20, 1905, P. L. 232; and Section 2, Act of May 12, 1911, P. L. 288. In addition to what has been said in the preceding section it is to be noted that what was comprehended in one section in each of these three acts has in this code been divided into two sections, it being thought that clearer reading would thereby be secured, and that so much as relates to the procedure on the municipal claim has been omitted, and reference made to the Municipal Claim Act of 1901. In addition there has been omitted 211 that" section which appears in the Acts of 1889, 1905 and 1911, pro- viding that where the defendant in any writ of scire facias shall be a corporation, and the property assessed cannot be sold the scire facias shall be proceeded upon to judgment and a writ of fieri facias shall be issued thereon by virtue of which any personal prop- erty of the corporation wherever situated may be levied on and sold, or an attachment execution may be issued, because it was thought to retain this provision in the code might expose it to the danger of being declared unconstitutional. This provision seems to be plainly in contravention to Article three, Section seven, of the con- stitution which prohibits the General Assembly from passing any local or special law "authorizing the creation, extension or impairing of liens," or "providing or changing methods for the collection of debts or the enforcing of judgments." The section practically says that where a municipal claim has been filed upon the property of an individual it becomes a judgment in rem and binds only the prop- erty to which it is attached, but if a property should be situated adjacent to such real estate of the indivdual and is owned by a corporation that then the judgment on the municipal claim becomes not only a judgment in rem but on failure to sell the property upon which it is a lien, it takes on the form of a judgment in personem upon which an execution may issue and any personal property of the corporation wherever situated exposed for sale. In a word, it provides one method of securing the cost of the improvement where the abutting owner is an individual and a different method where such owner is a corporation. Certainly no good reason can be ad- vanced why such a classification should be made and as stated, it so clearly offends the constitutional prohibition, that to incorporate it in this code would be to expose the act to the danger of being declared unconstitutional and void. (d) GRADING, PAVING, CURBING, MACADAMIZING CON- NECTING STREETS. Section 18. Is a part of Section 1 of the Act of May 7, 1907, P. L. 168, amending Section 1 of the Act of May 31, 1897, P. L. 114. Section 19. Is a part of Section 1 of the Act of May 7, 1907, P. L. 168, amending Section 1 of the Act of May 31, 1897, P. L. 114 Section 20. Is a part of Section 1 of the Act of May 7, 1907, P. L. 168, amend- ing Section 1 of the Act of May 31, 1897, P. L. 114. Section 21. Is Section 2 of the Act of May 31, 1897, P. L. 114. From this section has been omitted the phrase "now provided by law in reference to the payment of costs, damages .and expenses of public improve- ments within municipal corporations," and instead there has been 212 substituted "provided in chapter 6, Article 2 of this act." The gen- eral reference in the Act of 1897 can be to no other act than that of May 16, 1891, P. L. 75, the provisions of which appear in the chapter and article referred to. (e) GRADING, CURBING, PAVING, MACADAMIZING BOUND- ARY STREETS AND STREETS OUTSIDE LIMITS. 1. By agreement with first class townships. Section 22. Is Section 1 of the Act of July 10, 1901, P. L. 637. This act in its original form empowered boroughs and townships of the first class to contract with each other for the improvement of boundary streets, and has here been incorporated only so far as it empowered boroughs to contract with such townships. The term "municipalities" has been stricken from this section and "boroughs and townships" has been substituted. This change was made because it was held in "St. David's Church v. Sayen," 244 Pa. 300 and "Dernster v. United Traction Company," 205 Pa. 70, that a township of the first class was not a municipal corporation. Section 23. Is a part of Section 2 of the Act of July 10, 1901, P. L. 637. Section 24. Is a part of Section 2 of the Act of July 10, 1901, P. L. 637. From this part of this section has been omitted "provided by law for the payment of costs, damages and expenses of public improvements within municipal corporations in this Commonwealth" and a specific reference has been made to Chapter 6, Article 2. The general ref- erence contained in the original act was undoubtedly to the Act of 1891, P. L. 75, the provisions of which appear in the chapter and article referred to. 2. By agreement with counties and townships. Section 25. Is a section drafted from Section 1 and 2 of the Act of May 20, 1913, P. L. 267. This act in its original form gave coun- ties and townships power to contract with a borough for the improve- ment of a highway, the center line of which constituted the dividing line between a borough and a township. It failed, however, to give such a power to a borough, the legislature evidently assuming that a borough had this power. This section has therefor been drafted in such a form that where such a contract is entered into, the alteration or improvement and subsequent repairs shall be made under the supervision of the borough authorities. 3. Streets outside limits. Section 26. Is Section 1 of the Act of May 23, 1913, P. L. 336. This act has been drafted so as to restrict its provisions to boroughs. 213 (fX- MAINTENANCE AND IMPROVEMENT OF CONDEMNED AND ABANDONED TURNPIKES. Section 27. Is a section drafted from Section 1 of the Act of April 25, 1907, P. L. 104, amending the Act of April 20, 1905, P. L. 237. This draft was made having in mind Section 11 of the Act of June 2, 1887, P. L. 300; Section 11 of the Act of April 28, 1899, P. L. 79; and Section 2 of the Act of June 4, 1901, P. L. 359. With slight changes in the verbiage of the act of 1907, it was found that all the pro- visions of the Acts of 1887, 1899 and 1901 could be included, instead therefore of setting out at length the provisions of these four acts, this section has been drafted to cover all the provisions therein con- tained. It is to be noted that while the act of 1907 was repealed so far as inconsistent by the Act of May 10, 1909, P. L. 499, it was revived, the Act of 1909 being itself repealed by the Act of 1911, P. L. 21. (g) MAINTENANCE AND IMPROVEMENT OF STREETS CON- NECTING COUNTY ROADS. Section 28. Is a section drafted from Section 1 of the Act of May 13, 1909, P. L. 527. Only a small portion of this Act of 1909 relates to the subject of boroughs. Only such provisions as impose a duty upon boroughs have been incorporated in this draft, and since these powers can be exercised only upon the conditions set forth in the original act, it was necessary to draft the section so that a reference would be made to the act from which these powers were taken. Section 29. Is a section drafted from Section 1 of the Act of May 20, 1913, P. L. 273, which amends Section 18 of the Act of May 11, 1911, P. L. 244. This act in its original form relates to the construction of highways by counties. Only such part as relates to boroughs has 1 been incorporated. Section 30. Is a section drafted from Section 1 of the Act of May 20, 1913, P. L. 273, amending Section 18 of the Act of May 11, 1911, P. L. 244. Section 31. Is a section . drafted from Section 1 of the Act of May 20, 1913, P. L. 273, amending Section 18 of the Act of May 11, 1911, P. L. 244. (h) ASSESSMENTS ON PROPERTY OUTSIDE LIMITS. Section 32. Is Section 1 of the Act of May 28, 1907, P. L. 287. From this act has been omitted the clause "the acts of Assembly for assessment of benefits and damages," and instead a reference has been made to chapter 6, article two. This reference is to the Act of 1891, which is undoubtedly the act to which this clause had reference. 214 (i) EXPENDITURES FOE PAVING, CUBBING, MACADAMIZ- ING STREETS. Section 33. is a section drafted from Section 1 of the Act of May 8, 1907, P. L. 183. There was some doubt as to just what was meant by the proviso contained in this section of the Act of 1907, viz., "provided that nothing in this act shall prevent the said authorities from mak- ing any of said improvements as provided by existing laws." It likely refers to existing methods of improving streets by assessing the costs thereof upon the abutting property owner. This section has therefore been drafted so that the borough in addition to the methods provided by this article, may expend one-half of its appro- priation for roads and streets for the improvements of any street or alley. CHAPTER VI. ARTICLE VIII. COLLECTION BY INSTALMENT OF COST OF GRADING AND IMPROVING STREETS. Section 1. Is a part of Section 2 of the Act of May 21, 1913. P. L. 277, amend- ing Section 2 of the Act of June 15, 1911, P. L. 1)71. What was originally Section 2 of this act .has in this code been divided into three sections. In the draft of this article, Section 1 of the Act of, 1911, P. L. 971, as amended by this Act of 1913, P. L. 277, has been omitted. There seemed to be no good reason why it should be in- corporated in this code, because everything which is contained in this first section is also contained in Section 2. A peculiar thing occurs in the amendment of Sections 1 and 2 of this act of 1911. The act originally comprehended cases of grading, sewers, paving and im- proving streets. In amending Section 1 of the Act of 1911, the part relating to the paving and improving of streets was omitted from Section 1, but in amending Section 2, this part was retained. It was at first thought that the first section of this act conferred the power and that therefor this clause relating to paving and improving as set forth in the second section would fall, because it had nothing upon which to operate. However as the second section can stand by itself and in no way depends upon the first section for any power, this pro vision relating to paving and improving has been retained. So rar as the Acts of 1913 and 1911 relate to sewers and sewer systems, they have been incorporated under the chapter and article relating to the subject of sewers. 215 Section 2. Is a part of Section 2 of the Act of May 21, 1913, P. L. 277, amend- ing Section 2 of the Act of June 15, 1911, P. L. 971. Section 3. Is a part of Section 2 of the Act of May 21, 1913, P. L. 277, amend- ing Section 2 of the Act of June 15, 1911, P. L. 971. A slight change has been made in this section at the end thereof. Originally it provided that when the bonds were delivered to the contractor they must be delivered at their par value. There seems to be no reason, whatever, why these bonds should be delivered at strictly par value. The borough should be given the right to realize any premium which the contractor might be willing to pay for such bonds. This clause has therefor been so drafted that they shall be delivered at not less than their par. Section 4. Is Section 3 of the Act of June 15, 1911, P. L. 971. Section 5. Is Section 4 of the Act of June 15, 1911, P. L. 971. Section 6. Is Section 5 of the Act of June 15, 1911, P. L. 971. Section 7. Is Section 6 of the Act of June 15, 1911, P. L. 971. Section 8. Is a part of Section 7 of the Act of June 15, 1911, P. L. 971. What was originally Section 7 of the Act of 1911, has in this code been divided into two sections. Recommendation: The practice seems to be for the treasurer to keep the registry book. Section 9. Is a part of Section 7 of the Act of June 15, 1911, P. L. 971. CHAPTER VI. ARTICLE IX. STREETS AND HIGHWAYS CROSSING RAILROADS. Section 1. Is Section 3 of the Act of June 7, 1901, P. L. 531 From this article has been omitted Section 1 of the Act of June 7, 1901, P. L. 531, because all the provisions therein contained are covered by other sections of the same act. The act in its original form includes all municipalities, and also authorizes railroad companies to cross highways with railroads. So far as this later proposition is con- cerned, it has been entirely omitted, not being germane to a borough code. 216 Section 2. is a part of Section 4 of the Act of June 7, 1901, P. L. 531, What was originally Section 4, has in this code been divided into three sections. It was thought thereby to obtain clearer reading and better arrangement. A slight change has also been made in this part of this section. The orginal section provided that the petition should be presented to the court of common pleas of the "district." This has been changed to "county." Section 3. Is a part of Section 4 of the Act of June 7, 1901, P. L. 531. Section 4. Is a part of Section 4 of the Act of June 7, 1901, P. L. 531. Section 5. Is a part of Section 6 of the Act of June 7, 1901, P. L. 531. What was orginally Section 6 of this act has in this code been divided into four sections. It was thought thereby to obtain clearer reading. Section 6. Is a part of Section 6 of the Act of June 7, 1901, P. L. 531. Section 7. Is a part of Section 6 of the Act of June 7, 1901, P. L. 531. Section 8. Is a part of Section 6 of the Act of June 7, 1901, P. L. 531. Section 9. Is a part of Section 7 of the Act of June 7, 1901, P. L. 531. Section 10. Is Section 8 of the Act of June 7, 1901, P. L. 531. Section 11. Is a part of Section 1 of the Act of April 22, 1905, P. L. 295. Section 12. Is a part of Section 1 of the Act of April 22, 1905, P. L. 295 C CHAPTEK VI. ARTICLE X. PLANS AND LOCATION OF STREETS. (a) PLANS OF STREETS. Section 1. Is a part of Section 1 of the Act of July 22, 1913, P. L. 902, amend- ing Section 12 of the Act of May 16, 1891, P. L. 75. What was originally Section 1 of this Act of 1913 has in this code been divided into four sections. Section 2. Is a part of Section 1 of the Act of July 22, 1913, P. L. 902, amending Section 12 of the Act of May 16, 1891, P. L. 75. 217 Section 3. Is a part of Section 1 of the Act of July 22, 1913, P. L. 902, amending Section 12 of the Act of May 16, 1891, P. L. 75. Section 4. Is a part of Section 1 of the Act of May 15, 1913, P. L. 212. Section 5. Is a part of Section 1 of the Act of May 15, 1913, P. L. 212. Section 6. Is a section drafted from Section 1 of the Act of July 22, 1913, P. L. 902, amending Section 12 of the Act of May 16, 1891, P. L. 75 ; and Section 1 of the Act of May 15, 1913, P. L. 212. CHAPTEK VI. ARTICLE XI. SIDEWALKS. (a) GRADING, PAVING, REPAIRING SIDEWALKS, CURBS AND GUTTERS. Section 1. Is a section drafted to authorize boroughs to lay out sidewalks on the streets of a borough. No such power is directly given by any act of Assembly but boroughs undoubtedly have such power. In this article no procedure has been set forth for the laying out, etc. of sidewalks except those along the sides of turnpike roads. It was decided in "McDevitt v. Gas Company," 160 Pa. 367, that sidewalks were a part of the streets of the borough and therefore laid out the same as borough streets, and if it becomes necessary to take private property therefor, it would be appropriated in the same manner as in the case of streets. In this connection it might be well to note that clauses 5 and 6 of Section 2 of the Act of April 3, 1851, P. L. 320, were not overlooked, but it was felt that the Act of 1905, P. L. 235, hereinafter set forth, covered every particular of these two clauses except that relating to the municipal claim. This latter clause is covered by the general law relating to municipal claims. Section 2. Is a part of Section 1 of the Act of June 5, 1913, P. L. 411, amend- ing Section 2, Clause 4 of the Act of April 3, 1851, P. L. 320, as amended by the Acts of May 22, 1883, P. L. 39 and May 24, 1901, P. L. 299. This section has in this code been divided into three sec- tions. Section 3. Is a part of Section 1 of the Act of June 5, 1913, P. L. 411, amend- ing Section 2, Clause 4 of the Act of April 3, 1851, P. L. 320 as' amended by the Acts of May 22, 1883, P. L. 39, and May 24, 1901, P. L. 299. *" 218 Section 4. Is a part of Section 1 of the Act of June 5, 1913, P. L. 411, amend- ing Section 2, Clause 4 of the Act of April 3, 1851, P. L. 320 as amended by the Acts of May 22, 1883, P. L. 39 and May 24, 1901, P. L. 299; and Section 1 of the Act of April 20, 1905, P. L. 235. Section 5. Is Section 1 of the Act of June 19, 1901, P. L. 573. Recommenda- tion,: The section should include the cost of paving sidewalks. Section 0. Is a draft from Section 2 of the Act of April 20, 1905, P. L. 235 and Section 11 of the Act of May 16, 1891, P. L. 75. Section 7. Is Section 1 of the Act of May 24, 1901, P. L. 297. (b) LAYING OUT SIDEWALKS, GUTTEKS AND DRAINS ALONG THE SIDES OF TURNPIKE KOADS. * Section 8. Is a part of Section 1 of the Act of June 5, 1913, P. L. 411, amending Section 2, Clause 4 of the Act of April 3, 1851, P. L. 320 as amended by the Acts of May 22, 1883, P. L. 39, and May 24, 1901, P. L. 299. Section 9. Is a part of Section 1 of the Act of May 2, 1901, P. L. 113, amend- ing Section 1 of the Act of April 22, 1856, P. L. 525. This section in its original form also applied to the laying out, etc. of streets. This has been omitted from this section, having no relation to the subject of sewers. The same section of this Act of 1856 was also amended by the Act of 1911, P. L. 1086, but that amendment over- looked this amendment of 1901. The original act provided for a proceeding in the court of quarter sessions and fixed the number of viewers at seven. The amendment of 1901 changed the jurisdiction to the court of common pleas, fixed the number of viewers at three and provided for assessment where sidewalks were laid out along the sides of turnpike roads. The only purpose of the Act of 1911 in amending the Act of 1856 was to change the number of viewers to three. It would seem therefor that it had no effect upon the part of the amendment of 1901 which related to sidewalks along the sides of turnpike roads and placed the jurisdiction in the courts of common pleas. ( See Mercersburg College v. Mercersburg Borough, 53 Supt. Ct. 388, in which it was held that two amendments of the same section of an act might be in^ force at the same time so long as they were not inconsistent with each other.) Section 10. Is a part of Section 1 of the Act of May 2, 1901, P. L. 113, amend- ing Section 1 of the Act of April 22, 1856, P. L. 525. Section 11. Is Section 2 of the Act of April 22, 1856, P. L. 525. 219 CHAPTER VI. ARTICLE XII. SEWERS. a) POWER TO LAY OUT AND ASSESSMENT ACCORDING TO BENEFITS. Section 1. Is a section drafted from Section 2, Clause 2 of the Act of April 3, 1851, P. L. 320, and Section 1 of the Act of April 28, 1899, P. L. 100, amending Section 8 of the Act of May 16, 1891, P. L. 75. Section 2. Is a part of Section 1 of the Act of April 28, 1899, P. L. 100, amend- ing Section 8 of the Act of May 16, 1891, P. L. 75. The reference to Chapter 6, Article 2 is a reference to the chapter and article where the provisions of the Act of 1891 with it amendments and sup- plements have been incorporated. Under the Act of 1851, P. L. 320, boroughs had power to lay out and ordain sewers, but this power did not seem to extend to boroughs the right to take private property for such purposes. At least the Act of 1851 and its supplement of 1856, P. L. 525, seemed to be entirely silent as to any procedure for the assessment of damages in such cases. The procedure of the Act of May 16, 1891, P. L. 75 was therefor attached to the power con- tained in both of the Acts of 1851 and 1891. (b) SEWER SYSTEMS AND ASSESSMENTS ACCORDING TO FOOT FRONT RULE. Section 3. Is a part of Section 1 of the Act of April 23, 1907, P. L. 97, amend- ing the Act of May 1, 1899, P. L. 220. In "McDonough v. Washington Borough," 20 Pa. C. C. 345, it was held that the Act of May 16, 1891, P. L. 75 as amended by the Act of 1899, P. L. 100, relating to the subject of sewers, did not repeal the Act of 1889, P. L. 220. What was originally Section 1 of this Act of 1907 has in this code been divided into three sections. Section 4. Is a part of Section 1 of the Act of April 23, 1907, P. L. 97, amend- ing the Act of May 1, 1889, P. L. 220. Section 5. Is a part of Section 1 of the Act of April 23, 1907, P. L. 97, amend- ing the Act of May 1, 1889, P. L. 220. Section 6. Is a part of Section 2 of the Act of May 1, 1889, P. L. 220. This Section 2 of the Act of 1889 has in this code been divided into three sections. 220 Section 7. Is a part of Section 2 of the Act of May 1, 1889, P. L. 220. Section 8. Is Section 3 of the Act of 1889, P. L. 220. From this section has been omitted the material relating to the manner in which the claims were to be filed and collected and a general reference has been made to the law relating to the collection of municipal claims. At this point it may be well to note that part of Section 4 of the Act of 1889, P. L. 220 has been omitted from the code. This section related to the connections to be made with such sewers and has been omitted because it seems to be supplied by the Act of May 21, 1901, P. L. 205, which appears as Sections 31 and 32 of this article. Section 9. Is a part of Section 4 of the Act of May 1, 1889, P. L. 220. Section 10. Is a part of Section 5 of the Act of May 1, 1889, P. L. 220. This Section 5 of the Act of 1889 has in this code been divided into two sections. Section 11. Is a part of Section 5 of the Act of May 1, 1889, P. L. 220. Section 12. Is Section 6 of the Act of May 1, 1889, P. L. 220. This section in its original form provided that damages for the taking of property should be assessed "in the same manner as damages for the taking of lands for railroad purposes are now ascertained in this Common- wealth." This would have caused such an indefinite reference that sufficient justification was found in changing the same to the pro- cedure under the Act of 1891 and its amendments and supplements. This will carry out the scheme of the code to have as few different procedures for the assessment of damages as possible. (c) JOINT SEWEES. Section 13. Is a section drafted from Sections 1 and 2 of the Act of June 15, 1911, P. L. 966, amending Sections 1 and 2 of the Act of May 1, 1909, P. L. 306. Section 14. Is a section drafted from Section 1 of the Act of June 15, 1911, P. L. 966, amending Section 1 of the Act of May 1, 1909, P. L. 306. Section 15. Is Section 1 of the Act of July 17, 1901, P. L. 668. Section 16. Is a part of Section 2 of the Act of July 17, 1901, P. L. 668. What was originally Section 2 of the Act of 1901 has in this code been divided into three sections. It was brought thereby to obtain better arrangement. 221 Section 17. is a part of Section 2 of the Act of July 17, 1901, P. L. 668. Section 18. Is a part of Section 2 of the Act of July 17, 1901, P. L. 668. This section has been slightly changed. In its original form, it provided "that the report shall be confirmed within thirty days after the filing unless an appeal be taken therefrom which appeal shall be prosecuted as similar appeals are now by law required to be prosecuted; and either party may appeal from the decision of the court of quarter sessions to the Superior Court." The lirst appeal provided in this section was very indefinite, and it was at first thought that it re- ferred to an appeal to the couit of common pleas for a jury trial. However, as the appeal to the higher court is from the decision of the court of quarter sessions, this could hardly have been the intent of the Legislature and what it likely refers to, is nothing more than the filing of exceptions to the report. This is the way in which the section has been drafted. (d) ACQUISITION OF SEWER SYSTEMS. Section 19. Is Section 1 of the Act of July 21, 1913, P. L. 865, amending Section 1 of the Act of April 19, 1901, P. L. 82. Section 20. Is a section drafted from Section 2 of the Act of April 19, 1901, P. L. 82 and Section 2 of the Act of July 21, 1913, P. L. 865, which latter act amended the Act of April 19, 1901, P. L. 82 by adding thereto a Section 3. Section 2 of the Act of 1901 provided that the damages for the property taken should be assessed in accordance with the provisions of the Act of 1891. Section 2 of the Act of 1913 provided that when the damages had been ascertained in the first view, another view should be had under the Act of 1891 for the purpose of assessing the costs and expenses upon the property owner according to benefits. There seems no necessity why these two views should be had. The purpose of the Act of 1891, as has been held in numerous cases, was to provide a comprehensive proceeding in which all the damages and benefits might be assesed at the same time. (e) COLLECTION BY INSTALMENT OF COST OF BUILDING AND ACQUIRING SEWERS AND SEWER SYSTEMS. Section 21. Is a part of Section 2 of the Act of May 21, 1913, P. L. 277, amend- ing Section 2 of the Act of June 15, 1911, P. L. 971. What was originally Section 2 in this act has in this code been divided into three sections. In the draft of this subhead, Section 1 of the Act of 1911, P. L. 971 as amended by this Act of 1913, P. L. 277, has been omitted. There seemed to be no reason why it should have been incorporated 222 because everything wliicli it contained was also contained in Section :; of the same act. So far as this Act of 1911 and its amendment of i;)Lo relates to grading and improving streets, it has been omitted, having been incorporated in Chapter 6, Article 8 of this act. Section 22. Is a part of Section 2 of the Act of May 21, 1913, P. L. 277, amend- ing Section 2 of the Act of June 15, 1911, P. L. 971. Section 23. Is a part of Section 2 of the Act of May 21, 1913, P. L. 277, amo/id- iiig Section 2 of the Act of June 15, 1911, P. L. 971. A slight change has been made in this section at the end thereof. Originally it pro- vided that when the bonds were delivered to the contractor, they must be delivered at their par value. There seems no reason, what- ever, why these bonds should be delivered at strictly par. The borough should be given the right to realize any premium which the contractor might be willing to pay for such bonds. This clause has therefor been so drafted that they shall be delivered at not less than par. Section 24. Is Section 3 of the Act of June 15, 1911, P. L. 971. Section 25. Is Section 4 of the Act of June 15, 1911, P. L. 971. Section 2G. Is Section 5 of the Act of June 15, 1911, P. L. 971. Section 27. Is Section 6 of the Act of June 15, 1911, P. L. 971. Section 28. Is a part of Section 7 of the Act of June 15, 1911, P. L. 971. What was originally Section 7 of this Act of 1911 has in this code been divided into two sections. Section 29. Is a part of Section 7 of the Act of June 15, 1911, P. L. 971. Section 30. Is a part of Section 2 of the Act of May 1, 1889, P. L. 220. (f) SEWER CONNECTIONS. Section 31. Is a part of Section 1 of the Act of May 21, 1901, P. L. 265, and part of Section 4 of the Act of May 1, 1889, P. L. 220. Section 32. Is a part of Section 1 of the Act of May 21, 1901, P. L. 265. The general clause in this section, viz., "and to collect the cost thereof from the owner as other debts due the borough are collectible," has been changed to "municipal claim or action of assumpsit." 15H 223 (g) UNLAWFUL TO BUILD WITHIN LINE OF SEWEKS. Section 33. Is Section 27, Clause 5 of the Act of April 3, 1851, P. L. 320. (li) TO BE OPENED WITHIN TWO YEAES AFTEK ENACT- MENT OF ORDINANCE. Section 34. Is Section 1 of the Act of June 1, 1911, P. L. 541. CHAPTER VI. ARTICLE XIII. CONTRACTS WITH STREET RAILWAYS. Section 1. Is a part of Section 1 of the Act of May 3, 1905, P. L. 379, largely redrafted so as to clarify its reading and restrict its provisions to boroughs. The act in its original form authorized not only a borough to contract with a street railway company, but likewise empowered the railway company to contract with the borough. Section 2. Is a part of Section 1 of the Act of May 3, 1905, P. L. 379. Section 3. Is a part of Section 1 of the Act of May 3, 1905, P. L. 379. CHAPTER VI. ARTICLE XIV. BRIDGES AND VIADUCTS. (a) GENERAL POWER. Section 1. Is a draft from the Act of April 3, 1851, P. L. 320 and Section 1 of the Act of April 28, 1899, P. L. 100, amending Section 8 of the Act of May 16, 1891, P. L. 75. While the provisions of the Act of April 3, 1851, provided for the regulation of roads, streets, 224 lanes and alleys, there was no specific reference in that act relating to bridges. However in "Westfield Borough v. Tioga County," 150 Pa. 152, it was held that a bridge was part of a highway and that that Act of 1851 empowering boroughs to regulate highways, also gave them authority to regulate on the subject of bridges. Section 2. Is a section drafted from Section 1 of the Act of June 12, 1893, P. L. 459, amending Section 1 of the Act of May 16, 1891, P. L. 75. This section is inserted in view of the decision referred to in Section 1 of this article and is intended to cover all cases where a borough shall erect a bridge only, without in any way changing or altering any street. No act has been found providing a procedure to be fol- lowed in such cases. However as bridges are part of the highways, it was felt that the same procedure should be followed when bridges are built, as in the case of opening and widening streets, etc. Section 3. Is a section drafted from section 1 of the act of June 12, 1893, P. L. 459, amending Section 1 of the Act of May 16, 1891, P. L. 75. This sec- tion is to be distinguished from Section 2 of this article. It is in- tended to cover only cases where bridges are erected as part of a highway improvement and the references have been made so that the same procedure will be followed with regard to the bridge as is had with regard to the street improvement. It might be well to remark that Sections 2 and 3 of this article are largely insertions by the drafters of this code, the purpose being to clarify and to complete the procedure. (b) OVER BOUNDARY STREAMS. Section 4. Is a draft from Section 34 of the Act of June 13, 1836, P. L. 551. This section in its original form is limited to townships, but a draft therefrom has been made in view of the decisions in "Pottsville Borough v. Norwegian Township," 14 Pa. 543 and "Goldsboro v. Township of Coolbaugh," 87 Pa. 48 and the text in Trickett's Penn- sylvania borough law, page 209, Section 167. In these authorities it was held that the Act of 1836 applies not only in the case of townships, but also in case the stream is between two boroughs, a borough and a township, or a borough and a city. This section has been drafted to include all the verbiage, so far as possible, of the Act of 1836. (c) OVER RAILROADS. Section 5. Is Section 1 of the Act of May 25, 1907, P. L. 240. This section has been redrafted and much useless matter has been omitted. Section 6. Is Section 2 of the Act of May 25, 1907, P. L. 240. The clause "by law in the laying out and opening of streets in said boroughs," 225 Las been omitted and a reference has been made to Chapter 6, Article 4, which is the article dealing with the opening, etc. of streets. Section 7. In Section. 3 of the Act of May 25, 1907, P. L. 240. From this section has been omitted "is now or shall hereafter be provided by law in the opening of public stieets, 5 ' and a reference has been made to Chapter C>, Article 2, which provides for the assessment of damages in such cases. Section 8. is Section 4 of the Act of May 25, 1907, P. L. 240. Section 9. Is a draft made from Section 5 of the Act of May 25, 1907, P. L. 240. This section presented some difficulty. The act in its original form not only authorized boroughs to contract for bridges over rail- roads and to enter into contracts with counties for such construction, but also authorized counties to join with boroughs in the construction and maintenance of such bridge, either singly or jointly, with the borough. So far as the act bestows new powers on counties, it has been disregarded. Section 5 here incorporated after giving power to counties to contract for such construction and maintenance, placed a limitation on the power of the county to maintain bridges which crossed places over which the county was not authorized to build bridges. Had the section stopped theie, it would have been free from difficulty as it could have been entirely disregarded, but it also provided "such bridge shall thereafter be maintained as a borough structure by the borough which shall be authorized to con- tract with any of the parties interested, except the county, aforesaid for the maintenance of the same." The word "such," referring to the proceeding provisions of this section, prohibited it from being disregarded. The section of the code as drafted instead of denying the power of a county to contract with a borough for the maintenance of such a bridge as Section 5 of the original act provides, has been drafted so as to deny the power of a borough to contract with the county for such a purpose. While it would seem that the provisions of the original act are somewhat changed, the result remains the same. , Section 10. Is $ part of Section 6 of the Act of May 25, 1907, P. L. 240. Section 11. Is a part of Section 6 of the Act of May 25, 1907, P. L. 240. Section 12. Is a part of Section 8 of the Act of May 25, 1907, P. L. 240. This Section Brfeas in this code been divided into three sections. So far as this section vested powers in the county commissioners, it has been disregarded. 226 Section 13. Is a. part of Sectiou 8 of the Act of May 25, 1907, P. L. 240. Section 14. Is a part of Section 8 of the Act of May 25, 1907, P. L. 240. Section 15. Is Section 9 of the Act of May 25, 1907, P. L. 240. This section of the Act of 1907 through some inadvertence in printing or for some other reason is unintelligible. The words and phrases are so jumbled and disarranged as to be without sense. The section as drafted fol- lows the original section as closely as possible and undoubtedly ex- presses the intention of the Legislature. Section 16. Is Section 10 of the Act of May 25, 1907, P. L. 240. (d) CONDEMNATION OF TOLL BEIDGES. Section 17. Is a draft from Section 1 of the Act of March 24, 1909, P. L. 67, and Section 1 of the Act of March 24, 1909, P. L. 69. These two acts approved on the same day contained practically the same provisions and have been carefully examined and wherever there was any dif- ference, it has been taken care of, and the provisions set forth in this subhead will cover the provisions of both of these acts. Section 18. Is Section 2 of the Act of March 24, 1909, P. L. 69. Section 19. Is a section drafted in order to make a reference to the article of this code relating to the procedure before viewers for the assess- ment of damages. Upon examination of the Act of 1909, P. L. 69, it was found that the procedure for the condemnation of bridges was exactly the same as under the Act of 1891, P. L. 75, which is incor- porated in Chapter 6, Article 2 of this Act. The procedure covered by Sections 3, 4 5 and 6 of the Act of 1909 has therefore been omitted and simply a reference made to the chapter and article in which has been incorporated the Act of 1891. This may make a slight change in that the Act of 1891 has been amended in some respects and the procedure has been largely amplified by supplements. Jus- tification for this change lies in the fact that it will simplify the number of procedures which this code will contain. Section 20. Is Section 7 of the Act of March 24, 1909, P. L. 69. Section 21. Is a part of Section 8 of the Act of March 24, 1909, P. L. 69. What was Section 8 has in this code been divided into two sections for the purpose of making a better arrangement. Section 22. Is a part of Section 8 of the Act of March 24, 1909, P. L. 69. 227 Section 23. Is a part of Section 9 of the Act of March 24, 1909, P. L. 69. This Section 9 has in v this code been divided into two sections. Section 24. Is a part of Section 9 of the Act of March 24, 1909, P. L. 69. CHAPTER VI. AETICLE XV. ELECTRIC WIRES. Section 1. Is a part of Section 1 of the Act of June 12, 1913, P. L. 488, amend- ing Section 1 of the Act of April 28, 1903, P. L. 335. What was originally Section 1 of this act has in this code been divided into four sections. It was thought thereby to obtain clearer reading and better arrangement. Section 2. Is a part of Section 1 of the Act of June 12, 1913, P. L. 488, amend- ing Section 1 of the Act of April 28, 1903, P. L. 335. Section 3. Is a part of Section 1 of the Act of June 12, 1913, P. L. 488, amend- ing Section 1 of the Act of April 28, 1903, P. L. 335. A change has been made in this section. It originally provided that when a con- duit was condemned "the proceedings shall be the same as provided by law in the case of the condemnation of land by a railroad com- pany." This reference if retained would have occasioned a search of the procedure in such cases whenever a borough had occasion to condemn any conduit, and in order to keep these proceedings as near uniform as possible in all cases, sufficient justification was felt in making the procedure the same as for the condemnation of property for public improvements. Section 4. Is a part of Section 1 of the Act of June 12, 1913, P. L. 488, amend- ing Section 1 of the Act of April 28, 1903, P. L. 335 Section 5. Is Section 2 of the Act of April 28, 1903, P. L. 335. 228 CHAPTEK VI. AETICLE XVI. WATER COURSES. (a) WIDENING AND DEEPENING WATER COURSES AND ERECTING EMBANKMENTS. Section 1. Is Section 1 of the Act of June 8, 1891, P. L. 210. Section 2. Is Section 2 of the Act of June 8, 1891, P. L. 210. Section 3. Is a part of Section 3 of the Act of June 8, 1891, P. L. 210. Section 4. Is a part of Section 3 of the Act of June 8, 1891, P. L. 210. This sec- tion in its original form provided that parties should apply to the court of quarter sessions, and that the damages should be assessed in the same manner as in the case of roads, streets, etc. This reference could have been only to the Act of 1856, P. L. 525, which is the only procedure in the court of quarter sessions in such cases. As this act has been omitted from the code and all such proceedings will be under the Act of May 16, 1891, P. L. 75, this section has been changed so as to place the jurisdiction in the court of common pleas and the procedure the same as provided in the Act of 1891, P. L. 75, and its amendments and supplements. (b) VACATION AND ALTERATION OF COURSE OK CHANNEL OF WATER COURSES. Section 5. Is a part of Section 1 of the Act of April 28, 1899, P. L. 74. Section 6. Is a part of Section 1 of the Act of April 28, 1899, P. L. 74. Section 7. Is a part of Section 2 of the Act of April 28, 1899, P. L. 74. This section has in this code, been divided into two sections, and part of the original section has been omitted for the reason stated in the exposition of Section 9. Section 8. Is a part of Section 2 of the Act of April 28, 1899, P. L. 74. Section 9. Is a section inserted to cover the procedure set forth in part of Section 2 and Sections 3, 4, 5, 6 and 7 of the Act of 1899, P. L. 74. From this code has been omitted the procedure set forth in these sections. Upon examination it was found that this act, so far as 229 the proceedings before the viewers were concerned, was drawn over the" Act of May 16, 1891, P. L. 75. As this whole procedure has been set forth in Chapter 6, Article 2, there seems no necessity for again repeating it, and therefore the omission has been made and a reference in this section made to the chapter and article in which it is set forth at length. It is to be noted that this will make a slight change because the Act of 1891 has in some respects been amended arid amplified by supplements, but the improvement which such a change will make in the code justifies the same. Section 10. Is Section 8 of the Act of April 28, 1899, P. L. 74. Section 11. Is Section 9 of the Act of April 28, 1899, P. L. 74. This section in its original form provided that these claims should be "collected as now provided by law;" instead thereof the clause "such claims shall be filed and collected in the same manner as municipal claims are filed and collected" has been inserted. From this section has been omitted other matter relating to the collection of municipal claims. This is done because this subject is not to be comprehended in this code, being fully covered by the Act of 1901 relating to the collection of municipal claims. Section 12. Is Section 10 of the Act of April 28, 1899, P. L. 74. (c) CONFINING AND PAVING WATEK COURSES. Section 13. Is Section 1 of the Act of July 10, 1901, P. L. 634. This section has been redrafted in order to clarify its reading. Section 14. Is a part of Section 1 of the Act of July 10, 1901, P. L. 634. This section has in this code been divided into two sections, appearing as Sections 13 and 14 of this article. Section 15. Is a part of Section 2 of the Act of July 10, 1901, P. L. 634. This section has in this code been divided into two sections, and that part of the section relating to the notice which the viewers shall give of their first meeting has been omitted, the reason for this omission being set forth in the exposition of Section 17 of this article. Section 16. Is part of Section 2 of the Act of July 10, 1901, P. L. 634. Section 17. Is a section inserted to cover part of Section 2 and Sections 3, 4, 5 and 6 of the Act of July 10, 1901, P. L. 634. Upon examination it was found that the procedure set forth in Sections 2, 3, 4, 5 and 6 of this Act of 1901 was exactly the same as that set forth in the Act of May 16, 1891, P. L. 75. For this reason these sections have sion 230 been omitted and a reference has been made to Chapter 6, Article II, where the procedure of the Act of 1891 is set forth. This may make a slight change in that the Act of 1891 as it appears has been in some respects amended and amplified by supplements. .However the improvement which it will make in this codification justifies su-ii a change. Section 18. Is Section 7 of the Act of July 10, 1901, P. L. 634. Section 19. Is Section 8 of the Act cf July 10, 1901, P. L. 634. CHAPTEK VI. ARTICLE XVII. PUBLIC SERVICE. (a) WATER SUPPLV AND WATER WORKS. Section 1. Is Section 1 of the Act of May 3, 1901, P. L. 140. Section 2. Is Section 2 of the Act of May 3, 1901, P. L. 140. After "no con- tract for the supply of water" the word "hereafter" has been inserted. This insertion was made to make this section read prospective only, and in order to avoid the possibility of affecting contracts which had been entered into prior to the pass? f ge of this act and thus avoid th3 question of the constitutionality of this section. It was held in "Pot- ter Co. Water Company v. Austin Borough," 206 Pa. 297 that the Act of 1901, from which this section was taken, was unconstitutional so far as it affected existing contracts. As now drafted this question cannot be raised against this section. Section 3. Is a part of Section 1 of the Act of April 15, 1907, P. L. 90, amend- ing Section 1 of the Act of May 25, 1887, P. L. 267. This Section 1 of the Act of 1907 has in this code been divided into two sections. Section 4. Is a part of Section 1 of the Act of April lo. 1907, P. L. 90, amend- ing Section 1 of the Act of May 25, 1887, P. L. 267. Section 5. Is a part of Section 1 of the Act of June 19, 1911, P. L. 1033, amending Section 2 of the Act of May. 25, 1887, P. L. 267. 231 Section 6. Is a part of Section 1 of the Act of June 19, 1911, P. L. 1033, amending Section 2 of the Act of May 25, 1887, P. L. 267. Section 7. Is a section drafted from Section 1 of the Act of May 31, 1907, P. L. 355. This draft does not change the law as it stood in the original section, but has been redrafted in order to shorten the same and to clarify its reading. Section 8. Is Section 2 of the Act of May 31, 1907, P. L. 355. Section 9. Is a part of Section 3 of the Act of May 31, 1907, P. L. 355. This Section 3 has in this code been divided into two sections in order to make a better arrangement and to simplify its reading. Section 10. Is a part of Section 3 of the Act of May 31, 1907, P. L. 355. Section 11. Is Section 4 of the Act of May 31, 1907, P. L. 355. Section 12. Is part of Section 1 of the Act of April 22, 1909, P. L. 135, amend- ing Section 5 of the Act of May 31, 1907, P. L. 355. This section 1 has in this codification been divided into two sections. Section 13. Is a part of Section 1 of the Act of April 22, 1909, P. L. 135, amend- ing Section 5 of the Act of May 31, 1907, P. L. 355. Section 14. Is a part of Section 2 of the Act of April 22, 1909, P. L. 135, amending Section 6 of the Act of May 31, 1907, P. L. 355. This Section 2 has in this code been divided into two sections. Section 15. Is a part of Section 2 of the Act of April 22, 1909, P. L. 135, amending Section 6 of the Act of May 31, 1907, P. L. 355. Section 16. Is a section drafted from Section 7 of the Act of May 31, 1907, P. L. 355. After "and a borough," there has been inserted "dated prior to May 31, 1907." This insertion was necessary in order that the provisions of the Act of 1907, from which this section was taken would not be changed. Only those contracts entered into prior to the passage of the Act of 1907 were recognized by that act. Had this provision not been inserted, it would have included those con- tracts entered into between the date of the passage of the Act of 1907 and the date of the passage of this code. Section 17. Is a draft from Section 1 of the Act of June 1, 1911, P. L. 541. This section has been drafted so as to restrict its provisions to purely borough law. 232 Section 18. Is Section 2 of the Act of June 1, 1911, P. L. 541, so drafted as to iestiict its provisions to boroughs. Section 19. Is a section drafted from sections 1 and 2 of the Act of June 24, 1885, P. L. 163. There was some hesitancy in including this act in this code. The general borough law does not provide for any election to determine the expediency of erecting water-works. The act was likely passed to cover some case arising under local legisla- tion, but since its terms are general, it has been included. Section 20. Is a section drafted from Section 1 of the Act of May 24, 1878, P. L. 118. Section 21. Is Section 1 of the Act of May 2, 1901, P. L. 137. Section 22. Is Section 1 of the Act of June 10, 1885, P. L. 81. Section 23. Is a part of Section 1 of the Act of May 7, 1907, P. L. 167. This section has in this code been divided into two sections. Section 24. Is part of Section 1 of the Act of May 7, 1907, P. L. 167. Section 25. Is a part of Section 2 of the Act of May 7, 1907, P. L. 167. This Section 2 has in this codification been divided into two sections. Section 26. Is a part of Section 2 of the Act of May 7, 1907, P. L. 167. Section 27. Is Section 3 of the Act of May 7, 1907, P. L. 167. From this section has been omitted "regard to the taking of lands, waters, materials, property and franchises, for public purposes as now provided by law." This was a reference to the procedure to be followed for the assessment of damages when property was condemned by the borough. Instead of that a reference has been made to Chapter 6, Article 2, in which has been incorporated the provisions of the Act of 1891, P. L. 75 and its amendments and supplements, which is undoubtedly the act to which this clause had reference. This section in its original form provided for the assessment of damages in changing the location of any turnpike or public road occasioned under this Act of 1907, but was silent as to how damages should be assessed when land was appropriated to prevent the contamination of water. Since both of these propositions were contemplated by this Act of 1907, the Idition, viz., "and in condemning land to preserve water from con- Lmination" has been made. 233 - Section 28. Is. Section 1 of the Act of .June 5, 1913, P. L. 445. This Act of 1913 also included incorporated townships, which, of course, has been omitted in this code. Section 29. Is 'Section 2 of the Act of June 5, 1913, P. L. 445. Section 30. Is a part of Section 3 of the Act of June 5, 1913, P. L. 445. This Section'3 has in this code been divided into three sections. It was thought thereby to obtain better arrangement. Section 31. Is a part of Section 3 of the Act of June 5, 19J.3, P. L. 445. Section 32. Is a part of Section 3 of the Act of June 5, 1913, P. L. 445. Section 33. Is Section 4 of the Act of June 5, 1913, P. L. 445. Section 34. Is Section 5 of the Act of June 5, 1913, P. L. 445. Section 35. , Is Section 6 'of the Act of June 5, 1913, P. L. 445. Section 36: Is Section 7 of the Act of June 5, 1913, P. L. 445. Section 37. Is a part of Section 8 of the Act of June 5, 1913, P. L. 445. Section 38. Is a part of Section 8 of the Act of June 5, 1913, P. L. 445. Section 39. Is Section 9 of the Act of June 5, 1913, P. L. 445. Section 40. Is Section 10 of the Act of June 5, 1913, P. L. 445. This section has been redrafted so as ito include only that part which confers any power upon boroughs. The original section also confers powers upon townships. (b) MANUFACTURE AND SUPPLY OF ELECTRICITY. Section 41. Is part of Section 1 of the Act of May 20, 1891, P. L. 90. This Section 1 has in this code been divided into ten sections. Section 42. Is a part of Section 1 of the Act of May 20, 1891, P. L. 90. Section 43. Is a redraft of part of Section 1 of the Act of May 20, 1891, P. L. 90. This part of this section has been redrafted in order to simplify its reading. 234 Section 44. Is a part of Section 1 of the Act of May 2.0, 1891, P. L. 90, as af- fected by the Act of June 13, 1911, P. L. 1123. This act originally provided for the appointment of seven freeholders as viewers. Tbis has been changed to three in view of the Act of 1911, cited above. Section 45. Is a part of Section 1 of the Act of May 20, 1891, P. L. 90. Fol- lowing this part of Section 1 of the Act of 1891 has been omitted the , sentence fixing the pay of viewers at two dollars (|2.00) per day. It seems that these viewers would now be appointed from the county board and their pay be fixed in accordance with the act of 1911, P. L. 1123. Section 46. Is a part of Section 1 of the Act of May 20, 1891, P. L. 90. Section 47. Is a part of Section 1 of the Act of May 20, 1891, P. L. 90. This section provided originally for an appeal to the supreme court. This has been changed to superior or supreme court in view of the act establishing the superior eourt and regulating appeals thereto. Section 48. Is a part of Section 1 of the Act of May 20, 1891, P. L. 90. Section 49. Is a part of Section 1 of the Act of May 20, 1891, P. L. 90. Section 50. Is Section 2 of the Act of May 20, 1891, P. L. 90. PUBLIC BUILDINGS AND WORKS. Section 1. Is a section drafted from Section 1 of the Act of June .1, 1907, P. L. :;(;r> and Section 1 of the Act of April 15, 1913, P. L. 66, amending the Act of 1911, P. L. 168, which in turn amended the Act of June 10, 1901, P. L. 555. The Legislature in passing the amendment of 1011 overlooked the amendment of June . 1, 1907, P. L. 365. The juiK/ndmeiit of April 15, 1913, P. L, 66, : amending the Act of 1911, P. L. 168 also overlooked the amendment of 1907. There were there- lore two amendments of this Act of 1901 in force, viz., the amend- CHAPTER VI. ARTICLE XVIII. IT: ment of 1907 and the amendment of 1913, and in view of the ruling in- "Mercer sburg College v. Mercersburg Borough," 53 Supt. Ct 388, both of these amendments have been here used so far as they are not inconsistent with each other. Part of these sections so far as they relate to a reference to the assessment of damages has been omitted. This procedure is specifically provided for later in this article and there was no necessity for incoporating this clause in this section. The original Act of 1901 and all of its amendments used the term "heretofore" in speaking of lands granted and dedicated to public use. This would seem to limit the operation of these acts to all property granted or dedicated prior to the passage of the Act of 1901. The term "heretofore" has therefore been omitted and "June /O, 1901" has been inserted. Section 2. Is a draft from Section 1 of the Act of June 1, 1907, P. L. 365, and Section 1 of the Act of April 15, 1913, P. L. 66, amending the Act of 1911, P. L. 168, which in turn amends the Act of June 1901, P. L. 555. Section 3. Is a part of Section 2 of the Act of June 10, 1901, P. L. 555. Section 4. Is Section 2 of the Act of June 10, 1901, P. L. 555. The later part of this section has been redrafted. In its original form it was without sense. This section was largely adopted from the Act of May 16, 1891, P. L. 75, in which the same error occurred. Section 5. Is a part of Section 3 of the Act of June 10, 1901, P. L. 555. This section has in this code been divided into three sections. Section 6. Is a part of Section 3 of the act of June 10, 1901, P. L. 555. Section 7. Is a part of Section 3 of the act of June 10, 1901, P. L. 555. Section 8. Is a part of Section 4 of the Act of June 10, 1901, P. L. 555. The remaining part of this section has been omitted. (For reasons see exposition on Section 9 of this article.) Section 9. Is a section drafted to cover the provisions of section 4 and sections 5 and 6 of the Act of June 10, 1901, P. L. 555. Upon examination it was found that the procedure in this Act of 1901 was drawn over the provisions of the Act of May 16, 1891, P. L. 75. As this pro- cedure is covered by Chapter 6, Article 2, of this code, the procedure has here been omitted and a reference has been made to the chapter and article in which the Act of 1891 has been incorporated. This makes somewhat of a change in the law in that the Act of 1891 is 236 more complete and has been largely amplified by supplements, but in view of the fact that it tends to keep all eminent domain pro- ceedings uniform, it would seem to justify such a change. Section 10. Is a section drafted from Sections 7 and 8 of the Act of June 10, 1901, P. L. 555. From Section 7 of this act has been omitted the clause fixing the compensation of viewers at five dollars (|5.00) per day. These viewers are now appointed under the Act of 1911, estab- lishing a county board of viewers and their compensation is regulated by that act. Section 11. Is Section 1 of the Act of May 1, 1913, P. L. 155. Section 12. Is Section 1 of the Act of July 2, 1895, P. L. 426. Section 13. Is a part of Section 1 of the Act of April 1, 1909, P. L. 79. This Section 1 has in this codification been divided into three sections for the purpose of clearer reading and better arrangement. Section 14. Is Section 8 of the Act of April 1, 1909, P. L. 79. Section 15. Is part of Section 1 of the Act of April 1, 1909, P. L. 79. Section 16. Is a part of Section 1 of the Act of April 1, 1909, P. L. 79. Section 17. Is a part of Section 2 of the Act of April 1, 1909, P. L. 79. What was originally Section 2 of this Act of 1909 has in this code been divided into four sections. It was thought thereby to obtain clearer reading and better arrangement. Section 18. Is a part of Section 2 of the Act of April 1, 1909, P. L. 79. Section 19. Is a part of Section 2 of the Act of April 1, 1909, P. L. 79. Section 20. Is a part of Section 2 of the Act of April 1, 1909, P. L. 79. Section 21. Is a part of Section 3 of the Act of April 1, 1909, P. L. 79. This Section 3 has in this code been divided into two sections. Section 22. Is a part of Section 3 of the Act of April 1, 1909, P. L. 79. Section 23. Is a section drafted to cover the provisions of sections 4, 5 and 6 of the Act of April 1, 1909, P. L. 79. Upon examination it was found that the procedure set forth in these sections was taken from the Act of May 16, 1891, P. L. 75. As this procedure has been set forth in Chapter 6, Article 2, of this act, there seemed no necessity fop 237 repeating it/ and a reference has been made thereto instead. This may make some change in the law in that the Act of 1891 is much more complete and has been enlarged by supplements; but in view of the fact that this will keep down the number of procedures in this code and will also tend to uniformity, this change has been made. Section 24. In Section 7 of the Act of April 1, 1909, P. L. 79. In this article dealing with the subject of public buildings and works, Sections 1 and 2 of the Act of March 27, 1903, P. L. 83 have been excluded Provisions of this act in general provided that whenever a report of viewers, appointed to assess damages and benefits for the construction or enlargement of public works, had been filed in the court of quarter sessions, such report should be confirmed, if no exceptions were filed within the specified time, and also provide a method whereby execution might be had upon such report. An examination of the statutory law failed to disclose any act which authorized the court of quarter sessions to appoint viewers for such a purpose, so far at least as affects boroughs. This act therefore having nothing upon which to operate has been excluded. CHAPTER VI. ARTICLE XIX. WHARVES AND DOCKS. Section 1. Is part of Section 1 of the Act of April 17, 1889, P. L. 34. What was originally Section 1 of this Act of 1889 has, in this code, been divided into two sections for the purpose of better arrangement. Section 2. Is Section 1 of the Act of June 21, 1911, P. L. 1099. Section 3. Is a part of Section 2 of the the Act of June 21, 1911, P. L. 1099. A greater part of this section has been omitted. The part omitted relates to condemnation in particular cases, and is covered by Sec- tion 2 of this article. There is therefore no necessity for incorporat- ing this part of this section. Section 4. Is/a part of Section 3 of the Act of June 21, 1911, P. L. 1099. What was originally Section 3 of this Act of 1911 has, in this code, been divided into five sections, for the purpose of better arrangement and clearer reading. 238 Section 5. Is a part of Section 3 of the Act of June 21, 1911, P. L. 1099. Section 0. Is a part of Section 3 of the Act of June 21, 1911, P. L. 1099. Section 7. Is a part of Section 3 of the Act of June 21, 1911, P. L. 1099. Section 8. Is a part of Section 3 of the Act of June 21, 1911, P. L. 1099. Section 9. Is a part of Section 4 of the Act of June 21, 1911, P. L. 1099. What was originally Section 4 of this Act of 1911 has, in this code, been divided into three sections for the purpose of better arrangement. Section 10. Is a part of Section 4 of the Act of June 21, 1911, P. L. 1099. Section 11. Is a part of Section 4 of the Act of June 21, 1911, P. L. 1099. Section 12. Is a section drafted to cover the provisions of Sections 5, 6 and 7, of the Act of June 21, 1911, P. L. 1099. Upon the examination it was found that the procedure set forth in these sections closely resemble the procedure provided by the Act of May 16, 1891, P. L. 75, which has been incorporated in Chapter 6, Article 2 of this code. The purpose throughout this whole chapter, dealing with the special powers of boroughs, has been to establish a uniform procedure for the assessment of damages and benefits in all cases where property was taken, injured or destroyed. There seems to be no necessity why each particular improvement shall have a procedure of its own kind. The purpose of the Act of 1891 at the time of its passage was undoubtedly to provide a uniform procedure, which might be followed by municipal corporations in all cases of public improvement. The Act of 1891 has been variously amended and enlarged by supplements so that the whole procedure in such case is minutely set forth. This procedure has here been adopted instead of the one set forth in Sections 5, 6 and 7 of this Act of 1911, and the improvement which this change will make in the code fully justifies the same. Section 13. Is Section 1 of the Act of June 20, 1913, P. L. 543. Section 14. Is a part of Section 1 of the Act of April 17, 1889, P. L. 34. This part of this section has been separated from the material appearing in Section 1 of this article for the purpose of making a better ar- rangement. The clause "and provided further that this act shall not in any way abridge or interfere in any manner with the powers ri( w vested by law in wardens for the port of Philadelphia, or the 1 ; rl>or master of said port," has been omitted from this codification. ]t sseems to serve no purpose. 16H 239 Section 15. Is Section 1 of the Act of July 24, 1913, P. L. 1017 Section 16. Is Section 2 of the Act of July 24, 1913, P. L. 1017. CHAPTER VI. ARTICLE XX. LICENSES AND LICENSE FEES. (a) AUCTIONEERS. Section 1. Is a part of Section 1 of the Act of May 7, 1887, P. L. 93. What was originally Section 1 of this Act of 1887 has, in this code, been divided into two sections for the purpose of better arrangement and the elimination of provisos. Section 2. Is a part of Section 1 of the Act of May 7, 1887, P. L. 93. (b) FOREIGN DEALERS. Section 3. Is Section 1 of the Act of May 24, 1887, P. L. 185. This section has been so redrafted as to restrict it to boroughs. (c) TRANSIENT MERCHANTS. Section 4. Is a part of Section 1 of the Act of May 20, 1913, P. L. 227, and Section 1 of the Act of May 2, 1899, P. L. 159. It will be noted that two acts have been cited as composing this section. Both acts are complete in themeslves, the subsequent one containing no reference to the former. All the provisions of the Act of 1899 so far as they relate to the subject of boroughs are covered by the Act of 1913. The verbiage of the Act of 1913 has been followed as it is the last word on the subject. Both of these acts will be repealed so far as they relate to boroughs. Section 5. Is a part of Section 1 of the Act of May 20, 1913, P. L. 237, and Section 1 of the Act of May 2, 1899, P. L. 159, see the exposition on Section 4. 240 Section 6. Is Section 2 of the Act of May 20, 1913, P. L. 227, and Section 1 of the Act of May 2, 1899, P. L. 159. Much matter has been omitted from this section because it related to municipalities other than boroughs. See exposition on Section 4 of this article. Section 7. Is Section 3 of the Act of May 20, 1913, P. L. 227, and Section 1 of the Act of May 2, 1899, P. L. 159. See exposition on Section 4 of this Article. (d) VEHICLES. Section 8. Is a section drafted from Section 1 of the Act of June 5, 1913, P. L. 434, and Section 1 of the Act of April 22, 1889, P. L. 39. Both of these acts cover the same subject, and upon examination there seems to have been no necessity whatever for the passage of the Act of 19.13. Section 2 of both of these acts has been omitted, because it is simply declaratory of what will be said in a later chapter. From Section 1 of this Act of 1913 has been omitted the enumeration of "hacks, carriages, omnibuses, motor-vehicles and other vehicles," and the word "vehicles" has been substituted. This one word seems to ex- press everything which was contained in this enumeration. (e) RESTRICTIONS. Section 9. Is Section 1 of the Act of April 22, 1903, P. L. 253. This section has been drafted so as to restrict it to boroughs. Section 10. Is Section 1 of the Act of May 17, 1883, P. L. 31. This .section has been drafted so as to restrict it to boroughs, and to omit much useless matter. CHAPTER VII. GOVERNMENT. ARTICLE I. COUNCIL. Section 1. Is a draft comprehending the provisions of Section 1, Act of June 9, 1911, P. L. 857, Section 2, Act of June 19, 1911, P. L. 1047, and that part of Section 1, Act of April 18, 1905, P. L. 215, amending Section 241 2, Act of May 23, 1893, P. L. 113, relating to the president and the secretary of the council. A clause has also been inserted to prohibit couucilmeu from receiving any salary. This is taken from Section 4 of the Act of April 3, 1851, P. L. 320. Recommendation: This time should be changed to an evening hour to suit the convenience of the members of council. Section 2. Is Section 3, Clause 2, Act of April 3, 1851, P. L. 320. Section 3. Is part of Section 1, Act of April 18, 1905, P. L. 215, amending Section 2, Act of May 23, 1893, P. L. 113. Recommendation: The fol- lowing clause should be added, "or unless the vote of the entire num- ber of councilmen fails to record a majority for any candidate. Section 4. Is Section 1, Act of March 27, 1897, P. L. 8, so changed that persons appointed by the court to fill a vacancy occasioned in the manner prescribed by this section shall hold their office until the expiration of the term instead of "until the next borough election." The change was made in view of tbe -fact that the Legislature by the Act of June 19, 1911, P. L. 1047, as amended u_v ihe Act of May 20, 1913, P. L. 268, provided that one-half of the number of councilmen or as near one-half as possible should be elected at each regular munici- pal election. If the clause contained in this Act of 1897 were retained in the code then this system might be destroyed. In order to pre- vent this from happening and to insure the intention of the Legis- lature as expressed in this Act of 1911, the change above stated was made. Section 5. Is part of Section 2, Act of May 22, 1883, P. L. 39, amending Sec- tion 27, Clause 3, Act of April 3, 1851, P. L. 320. In its original form the Section related only to the power to lay out, widen, straighten roads, etc., contained in the act of 1851. As incorporated in the code, it will operate upon such acts authorized by the provisions of any acts of Assembly incorporated in the code, whether of 1851 or of subsequent acts. As it would be unreasonable to say that this provision should allow a person to complain to the court of quarter sessions from an injury due to a street widened, under the Act of 1851, and to deny such a right to a person aggrieved by a street widened under the Act of 1891. This in conjunction with the fact that it would be impossible to so word a section as would limit the provisions upon street improvements, etc., under the pro- visions contained in the Act of 1851, the section has been drafted so as to include street improvements made as above stated under any act of Assembly as incorporated in the code. Section 6. Clauses I and II. Is Section 3, Paragraph 1, and Clauses 1 and 3, of the Act of 3, 1851, P. L. 320. 242 Clause III. Is a draft comprehending a part of Section 8, Act of April 1, 183.4, 1'. L. 163, Section 2, Clause 1, and part of Section 2, Clause 22, of the Act of April 3, 1851, P. L. 320. Clause IV. Is Section 3, Clause 4, Act of April 3, 1851, P. L. 320. Clause V. Is Section 3, Clause 6, Act of April 3, 1851, P. L. 320. Clause VI. Is Section 3, Clause 7, Act of April 3, 1851, P. L. 320. Clause VII. Is a draft made from Section 3, Clause 5, Act of April 3, 1851, P. L. 320, so much of Section 8 of the Act of April 1, 1834, P. L. 163, as authorizes the appointment of street commissioners and so much of the Act of June 5, 1913, P. L. 409, as authorizes the council to appoint a solicitor. Section 8, of the Act of 1834, P. L. 163, provided that the council shall have power to appoint two persons as street commissioners, and the fifteenth section of the same act speaks of the compensation of the street commissioner. It seems, therefore, under this act the council would have discretion to appoint either one or two commissioners as may be necessary. This is the view taken in Tricketts Borough Law, see Section 81. So much of Clause 10, Section 3, of the Act of 1851, as relates to the collector of taxes has been omitted as this subject is comprehended in the taxation code. Recommendation: The number of street commissioners should be definitely fixed. Clause VIII. Is Section 15, Act of April 1, 1834, P. L. 163. Clause IX. Is part of Clause 10, Section 3, Act of April 3, 1851, P. L. 320. Recommendation: The following words should be added "and of such other officers and employes as it may designate." Clause X. Is part of Section 3, Clause 10, Act of April 3, 1851, P. L. 320. What was contained in Section 3, Clause 10, of the Act of 1851, has here been divided into two clauses as the section in its original form dealt with two separate subjects. Clause XI. Is part of Section 9, Act of April 1, 1834, P. L. 163. Much of the verbiage of this part of Section 9 has been omitted as it is surplusage. Section 7. Is part of Section 3, Act of May 23, 1893, P. L. 113. The section in its original form did not affirmatively require the vote of the councilmen upon any reconsidered ordinance vetoed by the burgess, to be recorded. It provided the names should be entered upon the minutes and that the vote should be taken by yeas and nays but was silent as to the entry of how any councilmen voted. This was doubt- 243 less through an oversight as it has beeii invariably the practice to enter not only the names of the members voting but how they voted. In the section redrafted the votes of the members as well as their names has been provided for. So much of the section as provides for the abolition of the office of assistant burgess has been omitted, as there is no necessity for incorporating it in this code, and thereby abolishing the office a second time. Section 7, of the Act of June 6, 1893, P. L. 335, which provides for the approval of the burgess to ordinances passed by the council of boroughs formed by the conso- lidation of two or more boroughs, and the manner in which any ordinance vetoed by the burgess may be passed over his disapproval, has been omitted from the code. The manner in which such ordinance may be reconsidered and passed was in a few respects different from the method set forth in Section 7 of this article. There seems to be no good reason why a different method for doing the same thing should obtain in boroughs formed by the consolidation of two or more broughs. It has, therefore, been omitted and such boroughs will operate under Section 7 of this article the same as any other borough. Section 8. Is part of Section 3, Act of May 23, 1893, P. L. 113, it being thought that better reading would be obtained by dividing the provisions of Section 3 into two sections in the code. Section 9. Is part of Section 2, Act of May 22, 1883, P. L. 39, amending Section 27, Clause 2, Act of April 3, 1851, P. L. 320. This provision as it originally stood in the Act of 1851, and its amendment of 1883, provided an appeal to the court of quarter sessions from any ordi- nance or act done pursuant to the Act of 1851, and its amendments. As incorporated in this code, it will authorize a complaint to the court of quarter sessions from any ordinance passed or act done pursuant to any provisions of the code. In other words as incor- porated in the code, the provisions are broader than they were in their original form. This is not due to an oversight but to a con- viction that it was the intention of the Legislature to provide a means whereby a person could complain to the court of any act done by the borough or purported to be done, and thus question the au- thority of the borough council. If this be true, the provision should apply to things done by a borough council other than under the pro- visions of the Act of 1851. Moreover, it would be impossible to retain this act in the code, and make it apply only to those provisions which were comprehended under the Act of 1851, as their provisions have been scattered throughout the act, and a reference to each place where they appear would be to set forth an endless list of references and greatly confuse a reader. The position that the section should be construed as applying to every act or ordinance of a borough council or whether for purposes authorized by the Act of 1851, 244 or by acts distinct therefrom, is substantiated by the ruling in "Millvale Borough'' (No. 2) 14 Pa. C. C. 82, where it was held that the power conferred upon the courts of quarter sessions to Con- trol the action of the borough authorities was intended to avoid the slow process of suits in equity. Section 10. Is Section 1, Act of June 21, 1911, P. L. 1113. Section 11. Is Section 2, Act of June 21, 1911, P. L. 1113. Section 12. Is Section 3, Act of June 21, 1911, P. L. 1113. Section 13. Is Section 4, Act of June 21, 1911, P. L. 1113. Section 14. Is Section 10, Act of June 6, 1893, P. L. 335. As drafted in this code two changes have been made: First. Instead of electing annually, after their appointment the high constable and auditors as provided in the original section, these officers will now be required to be elected at the time when such of- ficers are regularly chosen. That is at the biennial municipal elec- tion. This change was occasioned by the constitutional amendments of 1909, and the Act of March 2, 1911, P. L. 8, which abolished the annual municipal elections. The original provisions of this section required the council of the consolidated borough to designate by ballot which of the treasurers should perform -the duties of that office in the new borough, and provided that annually thereafter the qualified electors should elect one person as a borough treasurer. In view of the fact that in all boroughs other than in the ones mentioned in this instance that is consolidated, borough treasurers are ap- pointed by council and not elected, and in view of the fact that no good reason can justify this difference in the case of consolidated boroughs, so much of the section which authorizes the election of the borough treasurer has been omitted and a provision authorizing his appointment by the council has been substituted. Section 15. Is Section 1, Act of March 19, 1903, P. L. 31. This section has been redrafted, omitting the surplus phrases, and that part of the section which authorizes the court upon the refusal of a witness to comply with its order for the giving of testimony or the production of evidence, to punish such person for contempt. A court always has power to punish for the refusal to obey any order which it is authorized to make, and it was therefore thought to retain this pro- vision in the code would be to repeat the law without good reason therefor. Section 16. Is Section 1, Act of March 19, 1903, P. L. 31 245 CHAPTER VII. ARTICLE II. BURGESS. Section 1. Is a draft from Section 1, Act of May 23, 1893, P. L. 113, and Section 1, Act of April 18, 1905, P. L. 215. From the Act of 1905, has been omitted the matter relating to the duty of the burgess to attend the organization meeting of council, and the time when the president elect shall assume the duties of his office, as this has been incorporated in the preceding article. Section 2. Is a draft from Section 1, Act of May 15, 1874, P. L. 186. Section 3. Is a draft from Section 2, Act of May 15, 1874, P. L. 186. Section 4. Is a draft from Section 3, Act of May 15, 1874, P. L. 186. Section 5. Is a draft from Section 7, Act of April 1, 1834, P. L. 163, and com- prehends only so much of the section as relates to the oath that is required of this officer. Section 6. Is a draft from Sections 1 and 3, Act of April 23, 1909, P. L. 154. The act in its original form was made to apply specifically to boroughs "whether incorporated under general or special law." This phrase has not been incorporated, as the Act of 1909 has already repealed all special laws inconsistent and no repeal of the Act of 1909 could be construed as a revival thereof. Section 7. Is Section 2, Act of April 23, 1909, P. L. 154. In this connection it may be well to note that Section 1, of the Act of June 24, 1895, P. L. 255, and the Act of April 15, 1907, P. L. 61, amending the Act of April 7, 1905, P. L. 116, were not overlooked, but as the pro- visions of the Act of 1909, cited in Sections 6 and 7, of this article cover all the matter contained in these two acts, they have been omitted. Section 8. Is part of Section 3, Act of April 23, 1909, P. L. 154. The pro- visions of this section as contained in the original form have been divided, into two sections in this code, it being thought that clearer reading would thereby be obtained. Under Section 5, Clause 3, of this Act of 1851, P. L. 320, a burgess was given jurisdiction in cer- tain criminal cases, and was entitled to charge the same fees for 246 his services as justices of the peace were entitled to receive. Under the Act of 1887, the burgess was given criminal jurisdiction in the enforcement of borough ordinances, and the collection of fines and penalties imposed under the same, and was entitled to the same fees for such service as justices of the peace are now entitled to. By the Act of 1909 a burgess receiving a salary was compelled to pay such costs and fees as he might collect into the borough treasury, and it seems, therefore, that where a burgess received a salary he was not entitled to retain any fees which he might collect when acting as a justice of the peace. However, as the Act of 1909 is not mandatory upon the borough to pay the burgess any salary, this section has been so drafted as to require the payment of all costs and fees allowed * burgess under existing laws to be paid into the borough treasury only when a salary has been provided for. Section 9. Is a draft from Section 5, Act of April 3, 1851, P. L. 320, and Sec- tion 1, Act of May 15, 1887, P. L. 133. Section 10. Is a section devoted to the enumeration of the powers of a burgess and is drafted from Section 5, Act of April 3, 1851, P. L. 320; Section 1, Act of May 19, 1887, P. L. 133 ; and Section 1, Act of April 23, 1903, P. L. 291. It is to be noted that under Clause 3, Section 5, of the Act of 1851, the burgess had the jurisdiction of the justice of the peace in the suppression of riots, tumults, and disorderly meetings, and in all criminal cases for the punishment of Vagrants fliul disorderly persons, he was entitled to the same fees as justices of the peace for like services. As this appears on the pamphlet laws, there seems to be no jurisdiction in a burgess to punish vagrants and disorderly persons and that this section simply entitled him to collect fees for such services without imposing any jurisdiction. However, it was held in Commonwealth v. Thompson, 110 Pa. 297, that this clause did impose jurisdiction upon the burgess in cases of vagrants and disorderly persons, and it has therefore been drafted sc as to leave no doubt as to its intention. The provisions con- tained in the original acts of 1851 and 1887, has been divided into two sections in this code, it being thought clearer reading would thereby be obtained. So much of Section 5, Act of April 3, 1851, P. L. 320, as gives a burgess power to enforce the by-laws, ordinances, rules and regula- tions of the borough, has been omitted as this provision is compre- hended under the duties of the burgess, as set forth in Section 11, Clause 1, of this article. Section 11. Is a section drafted from Section 9, Act of April 1, 1834, P. L. 163 ; Section 6, Act of April 3, 1851, P. L. 320; and Section 1, Act of June 24, 1895, P. L. 255. From Section 6, of the Act of 1851, has 247 been omitted that provision which authorized the burgess "to issue his warrant for the collection of taxes assessed," as this is compre- hended in the taxation code. So much of Section 9, of the Act of 1834 relating to the subject of the collection of taxes has been omitted for the same reason. The clause requiring the burgess to open roads, streets, etc., has been limited to those highways which lie partly in the borough as subsequent to the Act of 1851, the only road laid out in a borough by any court are those which, as stated, are partly within the borough. Moreover, the only court which could authorize such a road to be laid out was the court of quarter sessions, and this court has been designated by name instead of retaining the gen- eral words set forth in the original act. So much of the section which imposes a penalty upon the burgess for the neglect of his duties, and so much as authorizes this officer to mitigate or remit fines and forfeitures, has been omitted as they will appear in a later section of this article. Section 12. Is a draft from Section 12, Act of April 6, 1802, P. L. 178, as ex- tended by Section 9, of the Act of 1834, P. L. 163. It seems that this section of the Act of 1802 is the only one to which the Act of 1834 can have reference; while Pepper and Lewis's Digest is of the opinion that this Act of 1802 is repealed by the Act of 1836, P. L. 551, yet it would seem that this is not the case so far as Section 12 is con- cerned, since the Act of 1836, P. L. 551, makes no provision for any fine for the neglect or refusal to open a road, street, lane or alley, and it seems to have been the intention to leave this provision of the Act of 1802 unaffected. It has, therefore, been incorporated in this article, as the only provision to which the act of 1834 can have any reference. Section 13. Is Section 1, Act of June 10, 1901, P. L. 551. Recommendation: This section should be drawn so as to include the refusal or neglect of the burgess to act. CHAPTER VII. ARTICLE III. HIGH CONSTABLE. Section 1. Is a draft from Section 7, Act of April 1, 1834, P. L. 163, and part of Section 13, Act of April 3, 1851, P. L. 320. It includes only so much of the former act as relates to the oath required of the high constable, and only so much of the later act as relates to th bond which this officer may be compelled to give. 248 Section 2. Is part of Section 13, Act of April 3, 1851, P. L. 320, the remain- ing part of this section having been incorporated in Section 1 of this article. Recommendation: In section two, line three, after the word "act," the words "unless council should otherwise direct" should be inserted. Section 3. Is Section 14, Act of April 1, 1834, P. L. 163. Section 4. Is Section 2, Act of July 14, 1897, P. L. 266. . Section 5. Is Section 3, Act of July 14, 1897, P. L. 266. CHAPTEE VII. AKTICLE IV. AUDITOKS. This article has been devoted to the powers and duties of borough auditors and before discussing its several sections attention is called to the fact that the following acts have been omitted, to wit: Sec- tion 2, Act of 1883, P. L. 121 as it has been supplied by the Act of 1913, P. L. 254; Section 1, of the Act of 1889, P. L. 66, it having been supplied by the Act of 1909, P. L. 392; Sections 3 and 4 of the Act of 1909, P. L. 392, which have been superceded by the Acts of 1913, P. L. 254, and 1911, P. L. 865; Section 1, Act of 1913, P. L. 254, which simply amends the title of the Act of 1911, P. L. 865; and Sections 2 and 3 of the Act of 1911, P. L. 865 which have been amended by the Act of 1913, P. L. 254. Section 1. Is Section 2, Act of May 20, 1913, P. L. 254, amending Section 1, Act of June 9, 1911, P. L. 865, re-drafted so as to make its provisions exclusively apply to the subject of boroughs. Section 2. Is Section 5, Act of May 3, 1909, P. L. 392. Section 3. Is Section 2, Act of May 3, 1909, P. L. 392, and Section 3, of the Act of May 20, 1913, P. L. 254, amending the Act of June 9, 1911, P. L. 865. The section here incorporated is taken from the Act of 1909, P. L. 392, and Section 3, of the Act of 1913, has been cited, because everything which is comprehended by the Act of 1913 is covered by the Act of 1909, in addition to other matters which the statute of 1913 does not include. The section has been redrafted so 249 as to. make it exclusively apply to the subject of boroughs. The proviso at the end of the section has been left out as it can have reference only to special legislation and since no attempt will be made to repeal such acts there is no necssity for its retention in the code. Section 4. Is part of Section 4, Act of May 20, 1913, P. L. 254, amending Section 3, Act of June 9, 1911, P. L. 865. Section 5. Is part of Section 4, Act of May 20, 1913, P. L. 254, amending Section 3, Act of June 9, 1911, P. L. 865. It will be noted that what was contained in one section of the original act has been divided in this code into several sections, it being thought that clearer reading would thereby be secured. Section 6. Is Section 2, Act of May 31, 1913, P. L. 394. Section 7. Is part of Section 3, Act of May 31, 1913, P. L. 394. Section 8. Is part of Section 4, Act of May 20, 1913, P. L. 254, amending Section 3, Act of June 9, 1911, P. L. 865. The remaining part of this section as it stood in the original act having been incorporated in Sections 4 and 5 of this article. Section 9. Is part of Section 3, Act of May 31, 1913, P. L. 394. The remaining portion of this section appearing in Section 7, of this article, except so much as authorizes the court to frame an issue on disputed mat- ters of fact as this contingency has been provided for in the pre- ceding section. Section 10. Is Section 4, Act of June 9, 1911, P. L. 865. Section 11. Is Section 1, Act of May 31, P. L. 394, re-drafted so as to make its provisions exclusively apply to the subject of boroughs. Section 12. Is part of Section 1, Act of April 27, 1909, P'. L. 261. Section 13. Is part of Section 1, Act of April 27, 1909, P. L. 261. What was contained in one section of the original act has here been divided into two sections for the sake of clearer reading. Section 14. Is Section 2, Act of April 27, 1909, P. L. 261. Section 15. Is part of Section 1, Act of May 3, 1909, P. L. 392, re-drafted in order to make its provisions exclusively apply to the subject of boroughs. 250 Section 1G. Is Section 0, Act of May 3, 1909, P. L. 392, re-drafted so as to uake its provisions exclusively apply to the subject of boroughs. CHAPTER VII. ARTICLE V. CONTROLLER. Section 1. Is so much oi Sec- lion 7, of the Act of June 12, 1913, P. L. 499, as relates to the oath and bond required of this officer. So much of this section as relates to the filling of vacancies in the office of con- troller has been omitted from this article as its provisions will ap- pear in Chapter 8, Article 2, of the code. Section 2. Is so much of Section 7, Act of June 12, 1913, P. L. 499, as relates to the salary of the controller. It will be noted that the original pro- visions of this section have been divided in this code, it being thought that clearer reading would thereby be obtained. Section 3. Is part of Section 1, Act of June 12, 1913, P. L. 499. So much of this section as relates to the election and term of this officer has been omitted as its provisions will appear in Chapter 8, Article 1, of the code. Section 4. Is Section 3, Act of June 12, 1913, P. L. 499. Section 5. Is part of Section 1, Act of June 12, 1913, P. L. 499. The pro- visions of the original section have been divided in this code, it being thought that the subject would be presented in a clearer man- ner by such change. Section 6. Is so much of Section 4, Act of June 12, 1913, P. L. 499, as relates to the countersigning of warrants upon the borough treasurer. The remaining portion of this section appearing in Section 6, of this article. Section 7. Is part of Section 4, Act of June 12, 1913, P. L. 499. Section 8. Is Section 5, Act of June 12, 1913, P. L. 499. 251 Section 9. Is Section 6, Act of June 12, 1913, P. L. 499. Section 10. Is Section 2, Act of June 12, 1913, P. L. 499. Section 11. Is Section 8, Act of June 12, 1913, P. L. 499. Section 12. Is Section 9, Act of June 12, 1913, P. L. 499. CHAPTER VII. ARTICLE VI. APPOINTED OFFICERS. Section 1. Is Section 4, Act of April 3, 1851, P. L. 320. This section originally provided that the corporate officers should not receive any salary. This has been changed to appointed officers since the salary of all other officers has been provided for in the Articles dealing with those officers. Section 2. Is Section 16, Act of April 1, 1834, P. L. 163. Section 3. Is Section 12, Act of April 1, 1834, P. L. 163. The enumeration of the several officers as set forth in the original section has been omitted and a phrase broad enough to include them all, substituted. Section 4. Is Section 1, Act of May 23, 1907, P. L. 225, re-drafted so as to restrict its provisions to the subject of boroughs. Section 5. Is Section 10, of the Act of April 3, 1851, P. L. 320, so much of Sec- tion 11, of the Act of April 3, 1851, P. L. 320, as provides the bor- ough treasurer shall perform the duties of the township treasurer within the borough, and so much of Section 6, of the Act of April 1, 1834, P. L. 163, as provides that all money received by any officer for the use of the borough shall be paid to the borough treasurer. In this connection it may be well to note that Section 11, of the Act of April 1, 1834, P. L. 163, was not overlooked, its provisions having been covered by the Act of 1851, as incorporated in this sec- tion of the code. Recommendation: The law should require council to designate a depository for the funds in the hands of the treasurer The treasurer should not be liable for the failure or insolvency oi the depository. The words "shall perform the duties of the town- ship treasurer within the borough" should be omitted. 252 Section 6. Is that part of Section 11, Act of April 3, 1851, P. L. 320, relat- ing to the compensation of the borough treasurer. Section 7. Is Section 8, Act of April 3, 1851, P. L. 320. So much of this section as provides that the duties of the town clerk in boroughs shall hereafter be performed by the scretary of the corporation, who shall receive the fees prescribed by law for the performance of the duties of that office, has been omitted, because this officer will be known in the code as the secretary, and there is therefore no necessity for the clerk. The second part of the sentence has been left out as there seems to be no fees prescribed in any act of as- sembly to which the town clerk is entitled, and there therefore seems to be no necessity for this reference. Section 10, of the Act of April 1, 1834, P. L. 163, was not overlooked, but is provisions are entirely covered by the Act of 1851, incorporated at this place. Section 8. Is a section drafted in order to fix a uniform time for appointment of street commissioners in all boroughs of this Commonwealth. So far as boroughs incorporated from the township are concerned, the law was silent as to when such officers should be selected, the Act of 1834 simply providing that the borough council should have such power of appointment. The Act of 1897, May 25, P. L. 88, amend- ing Section 9, of the Act of June 6, 1893, P. L. 335, expressly legis- lated as to street commissioner, the time of appointment and term of such officers. There seems to be no good reason why affirmative legislation should appear, so far as the time of appointment of this officer is concerned, only in the case of consolidated borough, and a provision has therefore been inserted requiring the appointment of this officer at the organization meeting of each new council or within thirty days thereafter. Section 9. Is part of Section 1, Act of May 25, 1897, P. L. 88, amending Section 9, Act of June 6, 1893, P. L. 335. So much of the section as relates to overseers of the poor and poor districts has been omitted as this subject is not comprehended in this code. This section has been re-drafted so as to make the term of the officer begin on the first Monday of January instead of the first Monday of March in consonance with the Act of March 2, 1911, P. L. 8. The term of this officer has been changed from one to two years, see Section 8, as council now organizes biennially and it seems to be the intention that this officer should be selected at that time. Section 10. Is part of Section 1, Act of June 5, 1913, P. L. 409, amending Section 1, Act of April 25, 1907, P. L. 103. 253 Section 11. Is part of Section 1, Act of June 5, 1913, P. L. 409, amending Section 1, Act of April 25, 1907, P. L. 103. The original provisions of Section 1, of this Act of 1913, have been divided into several sections in this code, it being thought that clearer reading and better arrangement would thereby be obtained. Section 12. Is part of Section 1, Act of June 5, 1913, P. L. 409, amending Section 1, Act of April 25, 1907, P. L. 103. Section 13. Is Section 2, Act of April 25, 1907, P. L. 103. The clause "except as herein otherwise provided" has been inserted so as to obviate the possibility of this provision conHicting in any manner with Section twelve, Article four, of this chapter, authorizing the borough auditors to employ an attorney on a certain contingency. Recommendation: The deeds, papers, etc., should be in the hands of the secretary rather than the solicitor. Section 14. Is Section 3, Act of April 25, 1907, P. L. 103. Section 15. Is Section 1, Act of June 6, 1893, P. L. 327. Recommendation: Council should be authorized to remove any person appointed by it as policeman. Section 16. Is Section 2, Act of June 6, 1893, P. L. 327. Section 17. Is Section 1, Act of June 19, 1913, P. L. 538, amending Section 3, Act of June 6, 1893, P. L. 327, as amended by Act of June 8, 1911, P. L. 720. So much of this section as relates to the compensation of the police has been omitted as this subject is comprehended in the succeeding section. Section 18. Is Section 1, Act of July 14, 1897, P. L. 2G6, re-drafted so as to make its provisions exclusively apply to the subject of boroughs. Section 19. Is Section 3, Act of July 14, 1897, P. L. 266, re-drafted in order to make its provisions exclusively apply to the subject of borough police. Section 20. Is Section 1, Act of April 25, 1905, P. L. 309. Section 21. Is Section 1, Act of May 24, 1901, P. L. 297. So much of the sec- tion which provides that "where such policemen receive no salary or stipulated sum for services, they shall receive the same fees as the high constable now receives for like services" has been omitted 254 as its provisions are surplusage, the Act of July 14, 1897, P. L. 266, incorporated in Section IS, of this article providing that all borough police shall be paid a salary. Section 22. Is Section 1, Act of May 24, 1893, P. L. 129. Section 23. Is part of Section 1, Act of May 24, 1893, P. L. 129, re-drafted so as to make its provisions exclusively apply to the subject of boroughs. Section 24. Is part of Section 1, Act of May 24, 1893, P. L. 129, re-drafted so as to make its provisions exclusively apply to the subject of boroughs. Section 25. Is part of Section 1, Act of May 24, 1893, P. L. 129. Section 26. Is Section 2, Act of May 24, 1893, P. L. 129, re-drafted so as to make its provisions exclusively apply to the subject of boroughs. Section 27. Is Section 3, Act of May 24, 1893, P. L. 129. CHAPTEE VII. ARTICLE VII. BUREAU OF MINE INSPECTION AND SURFACE SUPPORT. This article has been devoted to the bureau of mine inspection and surface support. Some hesitance was felt in incorporating this article at this place, but as the bureau is appointed by the burgess and borough council, it was felt that it would be well to have it follow the article relating to appointed officers. Section 1. Is Section 1, Act of July 26, 1913, P. L. 1439, re-drafted in order to make its provisions apply exclusively to the subject of boroughs. Section 2. Is Section 2, Act of July 26, 1913, P. L. 1439, re-drafted so as to make its provisions exclusively apply to the subject of boroughs. Section 3. Is Section 3, Act of July 26, 1913, P. L. 1439, with changes neces- sary to limit the provisions to the subject of boroughs exclusively. Section 4. Is Section 4, of the Act of July 26, 1913, P. L. 1439, re-drafted in order to make its provisions exclusively apply to the subject of boroughs. 17H 255 Section 5. Js Section 5, Act of July 26, 1913, P. L. 1439, re-drafted in order to make its provisions exclusively apply to the subject of boroughs. Section 6. Is Section 6, Act of July 26, 1913, P. L. 1439. Section 7. Is Section 7, Act of July 26, 1913, P. L. 1439, re-drafted so as to make its provisions exclusively apply to the subject of boroughs. Section 8. Is Section 8, Act of July 26, 1913, P. L. 1439, re-drafted so as to make its provisions exclusively apply to the subject of boroughs. CHAPTER VIII. ELECTIONS VACANCIES IN OFFICE. ARTICLE I. NUMBER, TERM AND TIME OF ELECTION OF OFFICERS. This article is devoted to the number and term of borough officers and the time of their election. In drafting this article some diffi- culty was experienced occassioned by changes in the policy of the law. By the constitutional amendments of 1909, and the Act of March 2, 1911, P. L. 8, the annual municipal election was abolished and a biennial municipal election substituted, the terms of officers was changed from an odd number to an even number of years and the time when their terms were to begin changed to the first Monday of January of the year next succeeding their election. Further change was made in the policy of the law by the Act of June 19, ; 1911, P. L. 1047, which provided a system whereby one-half of the council or as nearly one-half as possible might be elected at each municipal election. The difficulty lay in those borough offices which are fixed at an odd number, as for instance the borough council in boroughs not divided into wards where the number is seven, and also in boroughs, divided into wards where the number of council- men elected from each ward is either one or three. It is submitted that if the number of councilmen in boroughs not divided into wards was made an even number, and that in boroughs divided into wards the number to be elected from each ward would be even, a system whereby one-half of the council would be elected at each municipal election could be easily provided. As the article now stands it is admitted that it is somewhat cumbersome and lengthy in its pro- visions, but no other way presented itself whereby the article could be drafted in a different manner without materially changing the law. 256 Some difficulty was also experienced with the section relating to borough auditors. Under the Act of 1851, P. L. 320, three auditors were elected, one at each municipal election for a term of three years, and under the Act of 1878, P. L. 51, three auditors were to be elected for a term of three years in every borough divided into wards. This later act did not provide when such auditors were to be chosen and it is presumed therefore that they were to be elected as provided in the Act of 1851, that is, one every year for a term of three years. This would therefore have occassioned an election for auditor in each borough in the years 1908, 1909 and 1910. The term of the auditor elected in 1908, which would have expired March 1, 1911, was extended by the constitutional amendments of 1909, to the first Monday of December of that year and by the Act of March 2, 1911, P. L. 8, it was provided that the successors to those officers whose terms expired on the first Monday of December, 1911, should hold their office from the first Monday of December of that year until the first Monday of January, 1916. The term of the audi- tor elected in 1909, which would expire in March, 1912, was also extended by the constitutional amendments to the first Monday of December in the year 1913. The term of the auditor elected in the year 1910 under the constitutional amendments expired on the first Monday in December 1913, and the terms of the successors of both of the auditors elected in 1909 and 1910, and whose terms expired on the first Monday of December 1913, were extended by the Act of March 2, 1911, P. L. 8, to the first Monday of January, 1918.. This would therefore occasion an election of one auditor in 1915, and two auditors in 1917, and the sections dealing with this subject have been drafted with this fact in mind. Section 1. Is Section 18, Act of April 3, 1851, P. L. 320. This section has been restricted to elective offices, so as to permit the election of a solicitor or engineer who may not reside in the borough. Section 2. Is a drafted one, and is simply declaratory of existing law as to the time of electing borough officers. Section 3. Is Section 20, Act of April 3, 1851, P. L. 320. Section 4. Is Section 19, Act of April 3, 1851, P. L. 320. Section 5. Is divided into two clauses, the first enumerating the officers to be selected in boroughs not divided into wards, and the second enu- merating those to be chosen in boroughs which are divided into wards. 257 Clause 1. Is a draft from Section 17, Act of April 3, 1851, P. L. 320, Section 1, Act of May 22, 1895, P. L. 109, and the Act of June 12, 1913, P. L. 499. Clause 2. Is a draft from the provisions of the following acts, to wit : Section 1, Act of May 10, 1878, P. L. 51, Section 1, Act of April 13, 1903, JP. L. 171, and the Act of June 12, 1913, P. L. 499. Section 6. Is drafted from Section 1, Act of May 20, 1913, P. L. 268, amend- ing Section 4, Act of June 19, 1911, P. L. 1047. In this draft care was taken not to disturb the terms of any councilman now in office under the provisions of the act of 1913, nor has any change been made in the election of their successors when their terms shall expire. This drafted section is somewhat lengthy, and might be open to the objection of being cumbersome, but in view of the fact of the odd number composing the council in many of the boroughs it is the only way in which the law could be presented. Sections 1, 3 and 5 of this Act of 1911, P. L. 1047, have been omitted from the code, their provisions being obselete. Sections 2, 3 and 5 of the Act of May 22, 1895, P. L. 109, have not been used as they are either obselete or su- perceded by the constitutional amendments of 1909. Sections 2, 3, 4 and 5 of the Act of April 13, 1903, P. L. 171, have been excluded, as their provisions are also obselete or have been superceded by the Act of 1913, P. L. 268. Sections 2 and 3 of the Act of June 1, 1883, P. L. 54, are superceded by this same Act of 1913, P. L. 268, and that part of Section 2, relating to the chief burgess and members of council seems to have been superceded by the acts which fix the term of the chief burgess at three and later at four years, and the num- ber of councilmen at seven. Section 4, of the same act, has been supplied by the Act of 1895, P. L. 109. Section 7. Is a section drafted from Section 1, of the Act of May 13, 1889, P. L. 193, amending Section 4, of the Act of May 14, 1874, P. L. 159 ; Section 1, Act of March 24, 1877, P. L. 47, and Section 1, Act of May 20, 1913, P. L. 268, amending Section 4, of the Act of June 19, 1911, P. L. 1047. The Legislature in passing the Act of 1911, and its amendment of 1913, while making provision for the election of borough councilmen in those boroughs existing at the time of the passage of these acts failed to make provisions for boroughs which would be divided into wards or the number of wards changed some- time in the future. This section has been drafted therefore in order 1o provide for the election of councilmen whenever any borough is divided into wards and its provisions have been so fixed that when any such division shall hereafter be made the election of councilmen in such boroughs will coincide, with respect to the time and number, with those elected in boroughs theretofore divided. 258 Section 8. Is a section drafted from Section 5, of the Act of June 6, 1893, P. L. 335; and Section 1, of the Act of May 20, 1913, P. L. 268, amend- ing Section 4, of the Act of June 19, 1911, P. L. 1047, and provides for the election of councilmen whenever boroughs are consolidated under the provisions of the Act of 1893, P. L. 335, as incorporated in Chap- ter 2, of this code. The section has been so drawn as to coincide with respect to the time and number of councilmen to be elected in such boroughs with Section 6, of this article. Section 9. Is part of Section 1, Act of May 20, 1913, P. L. 268, amending Section 4, of the Act of June 19, 1911, P. L. 1047. While the pro- visions of the three preceding sections are complete in themselves and their purpose is not difficult to discern, yet in view of the fact that the provisions incorporated in this section appears in the Act of 1913, and in order to preclude the possibility of doubt as to the pur- pose of such sections this provision has been incorporated in the code. Section 10. Is Section 1, Act of February 17, 1876, P. L. 6, omitting therefrom the refernce to the Act of 1874, which seems unnecessary and also so much of the section as relates to the subject of school directors, which is irrelevant to the subject of this code. Section 11. Is drafted from part of Section 1, Act of May 13, 1889, P. L. 193, amending Section 4, of the Act of May 14, 1874, P. L. 159, and part of Section 1, Act of 1903, P. L. 171, this last act, however, being simply declaratory of the law as it existed at that time. It is to be noted that the Act of March 10, 1875, P. L. 6, has not been over- looked, but has been omitted as its provisions are obselete. The acts of June 13, 1883, P. L. 21, and Section 2, of the Act of 1871, P. L. 284, have also been omitted intentionally, the former as its pro- visions have been supplied by the constitutional amendments of 1909, and the later because it has been superceded by the Act of 1895, P. L. 109. Section 12. Is Section 1, of the Act of July 9, 1897, P. L. 216, omitting such parts of the section as relates to school directors as this has no place in this code. Further omitting the provisions relating to the election of councilmen until the number have been reduced to two, and in lieu of this last provision a clause has been substituted pro- viding that one councilman should be elected in each ward at every municipal election to hold his office for a term of four years, and it is submitted that this is the proper number of councilmen to be elected in boroughs divided into wards. Omitting further the clause 259 providing that vacancies in the office of council shall be filled as now provided by law. This is simply a declaratory phrase, a special mode of procedure will be found later in this article. Section 13. Is part of Section 5, Act of May 10, 1878, P. L. 51. Section 14. Is a section drafted from Section 1, of the Act of May 23, 1893, P. L. 113, the Act of March 2, 1911, P. L. 8, and the constitutional amendments of 1909. The Act of 1893, provided that in the year 1894, and- triennially thereafter a burgess should be elected in the boroughs of the Commonwealth to serve for a term of three years from the first Monday of March of the year in which he was elected. This would bring an election for burgess in February 1909, who would serve for a term of three years from the first Monday of March, 1909, to the first Monday of March, 1912. This term was lengthened to the first Monday of December, 1913, by the constitutional amendments of 1909, and the term of this officer was made four years instead of three, then came the Act of March 2, 1911, P. L. 8, which provided that the successor to an officer elected for a four-year term in the year 1913, should hold his office from the first Monday of December, 1913, until the first Monday of January, 1918. The next election to the office of burgess therefore is at the municipal election in the year 1917, and this section of the code has been drafted in view of this fact. Section 15. Is a draft from Sections 5 and 6 of the Act of June 6, 1893, P. L. 335, the Act of March 2, 1911, P. L. 8, and the constitutional amend- ments of 1909, and relates to the election for the office of burgess in boroughs formed by the consolidation of two or more boroughs. This section has been so drafted that whenever such consolidation hereafter occurs the burgess of such consolidated borough will there- after be elected in the same year as elections are held for such office in the other boroughs of this Commonwealth. The Act of 1911, and the constitutional amendments of 1909, while completely legislating for municipalities then in existence, was silent as to a method where- by municipalities thereafter created might come into the system which was established. It was thought advisable to have all the boroughs of the Commonwealth irregardless of their mode of creation elect similar officers at the same municipal election and, as stated, since there was no provision in the law so far as the office of burgess is concerned for accomplishing this purpose, this draft has been incorporated. Section 16. Is a draft from Section 1, Act of June 26, 1895, P. L. 375, the Act of March 2, 1911, P. L. 8, and the constitutional amendments of 1909. The Act of 1895, provided for the election of a high constable at the February election of 1896, and triennially thereafter to serve 260 for a term of three years from the first Monday of March of the year in which they are elected. The constitutional amendments of 1909 changed the term of this officer from three to four years. This would have occasioned an election for this officer in 1908, whose term would expire on the first Monday of March, 1911. The term of this officer whose term as stated expired on the first Monday of March, 1911, was extended to the first Monday in December by the constitutional amendments of 1909, and by the Act of 1911, P. L. 8, it was enacted that the successor to such an officer whose term expired on the first Monday of December, 1911, was to hold his office from the first Monday of December, 1911, to the first Monday of January, 1916. In other words, the Act of 1911, added one month to the term of this officer, the intention being to change the time when such officers would begin their term to the first Monday of January, instead of the first Monday of December. A high constable, under the facts above stated must be elected in all boroughs at the municipal elec- tion in 1915, and this section of the code has been drafted in view of l;hig fact. Section 17. Is a section drafted from Section 17, Act of April 3, 1851, P. L. 320, Section 1, Act of May 10, 1878, P. L. 51, the Act of March 2, 1911, P. L. 8, and the constitutional amendments of 1909, and provides for the election of borough auditors being founded upon the presump- tion that in every borough prior to the constitutional amendments of 1909, an auditor was elected each year for a term of three years. For a more complete exposition see the remarks made introductory to this article. The clause "in boroughs not accepting the pro- visions of Chapter 7, Article 5, of this act" has been inserted, so that no inconsistency will exist between this section and Article 5, of the chapter referred to. Article 5, of Chapter 7, deals with the sub- ject of borough controller and in Section 12, it is provided that in boroughs accepting the provisions of that article, and they must so accept before its provisions become operative, the borough auditors then in office shall continue until the first Monday of January suc- ceeding the election of a borough controller, after which date the office of borough auditor is abolished. Were this section drawn with the omission of the clause above quoted it would command all bor- oughs to elect borough auditors at each municipal election, while as a matter of fact, as shown above, the command applies only to those boroughs who have no office of borough controller. Section 18. Is Section 1, Act of May 6, 1909, P. L. 940, and the constitutional amendments of 1909. An examination of the statute law has been made with some degree of diligence, and no general act was found which provided for the election of borough treasurers and street commissioners by the electors of the borough. The Act of April 3, 1851, P. L. 320, provided these officers should be chosen by council, 261 the provisions of which seem never to have been changed, and it is therefore presumed that this act relates to boroughs having special charters providing for the choice of these officers in this way. Section 19. Is so much of Section 1, Act of June 12, 1913, P. L. 499, as relates to the election of a borough controller in boroughs where such office exists. Section 20. Is a draft made for the purpose of filling the several gaps existing in the present borough law. The purpose is to provide that in the case of the incorporation of boroughs from the township, the di- vision of boroughs or whenever a borough is formed by the detach- ment of territory, that the election of the borough officers will there- after coincide with respect to the number. to be elected, and the time of their election with all the boroughs of the Commonwealth. In Commonwealth v. Galloway, 16 Pa. C. C. 442, it was held that where a burgess was appointed to fill a vacancy his appointment was for the unexpired term and not until the next municipal election. This section has therefore been so drafted that in any of the enumerated cases, the election of the officers will occur at the same municipal election as in boroughs theretofore incorporated, and to repeat, under this system in all boroughs in the Commonwealth irregardless of their mode of creation or the time when it occurred, similar offices will be filled at the same municipal election. Section 21. Is Section 6, Act of April 1, 1834, P. L. 163, re-drafted so as tq limit the application of fines and penalties to officers refusing to assume office or misconducting themselves after having taken upon themselves the official duties. So much of the section as relates to the disposition of fines and penalties generally has been reserved for a later chapter and article. So much of the section as provides that no person elected to burgess shall be liable to a fine for refusing or neglecting to serve more than once in four years has been omitted, as this officer now serves for a term of four years this provision can have no application. CHAPTER VIII. ARTICLE II. FILLING OF VACANCIES. Section 1. Is Section 1, Act of March 24, 1877, P. L. 36, Act No. 31. 262 Section 2. Is part of Section 5, Act of March 4, 1870, P. L. 344, the provisions of which were extended to boroughs generally by Section 3, of the Act of June 2, 1871, P. L. 283. The statute of 1870, P. L. 344, was a special act relating to the town of Bloomsburg, Section 5, thereof providing for the filling of vacancies in the offices of that town. The Act of 1871 extended the provisions of Section 5, of this Act of 1870, only so far as related to council and its has been so restricted in this draft. A provision occurred in Section 5, of this Act of 1870, providing for the filling of a vacancy in the office of president of council, but this has been omitted in the code as this office in boroughs is filled by the council themselves by the selection of one of their members who is elected in the same manner as all the others. It will be noted that Section 5, of this Act of 1870, as extended has in this code been divided into two sections, it being thought that in this manner the subject could be more clearly pre- sented. Section 3. Is part of Section 5, of the Act of March 4, 1870, P. L. 344, as ex- tended to boroughs by Section 3, of the Act of June 2, 1871, P. L. 283. In addition to what has been stated in the exposition on Section 2, of this article, attention is called to the fact that a new sentence has been added to this section providing that persons chosen at the election prescribed in the original act shall hold their office until the first Monday of January next succeeding the municipal election at which such offices are regularly filled in the boroughs of the Com- monwealth, and this, for the reason that it was thought advisable to state affirmatively the time for which such persons should be elected, and the term has been so fixed so that the scheme of electing borough officers of the same class in all boroughs of the Commonwealth, at the same time will remain uninterrupted. Section 4. See "Comm. v. Durkin," 245 Pa. 507, which rules that it is requisite that the ballots be marked as designated in the sec- tion. Is Section 4, Act of May 22, 1895, P. L. 109. Section 5. Is Section 1, Act of July 2, 1895, P. L. 433. Although the act in its original form did not affirmatively state the term of the person so appointed to fill any such vacancy, it was held in Commonwealth v. Galloway, 16 Pa. C. C. 442, that the appointment was for the un- expired term, and not until the next municipal election, and the sec- tion has been drafted in conformity with the ruling of the court. Section 6. Is a draft from Section 1, Act of March 11, 1903, P. L. 22, and Section 2, Act of March 11, 1842, P. L. 62, and provides for the fill- ing! of vacancies in the offices of high constable and borough auditors. In Jayne v. Smith, 9 Pa. C. C. 494, it was held that an auditor 263 is not-a borough officer within the meaning of the Act of 1877, P. L. 36, incorporated in Section 4, of this article, but that he was a town- ship officer and that vacancies in such office shall be filled under the Act of 1842, which provides for the filling of vacancies in the office of township auditor. This decision is cited with approval in Tricketts Borough Law, Section 80. On the other hand, it was held that in several lower court cases that a vacancy in the office of auditor might be filled under the Act of 1877. It seems, however, from these pro- ceedings that if such is the case the procedure under the Act of 1877 is not conclusive, and that proceedings might still be had under the Act of 1842. For these reasons it has been inserted in this compilation, and it has been joined with the act authorizing the filling of vacancies in the office of high constable, because the pro- cedure is the same, and the power co-extensive in both cases. The Acts of 1842 and 1903, providing respectively for the filling of vacancies in the office of borough auditor and of high constable appeared in a mandatory form, the provisions of the act providing that "courts of quarter sesions shall fill vacancies, etc." This man- datory form seems objectionable in view of the fact that the Act of March 24, 1877, P. L. 35, incorporated in Section 1, of this article, prescribes a method whereby the court of quarter sessions may fill vacancies in any borough office on petition of the borough council, and it would therefore seem inconsistent to prescribe two methods in which the same office may be filled, and then have one of these methods appear in a mandatory form. In view of the foregoing, a change has been made, which provides that instead of court being commanded to fill vacancies in a certain way, they are simply authorized to take such action, and as drafted in this form, they may operate under either provision as the exigencies of the respective cases re- quire. Section 7. Is part of Section 7, Act of June 12, 1913, P. L. 499. CHAPTEK IX. PARKS SHADE TKEES FOKESTS. AKTICLE I. PARKS AND PLAYGROUNDS. Section 1. Is Section 3, Act of May 3, 1909, P. L. 401, re-drafted in order to make its provisions exclusively apply to the subject of boroughs. 264 Section 2. Is part of Section 1, Act of May 20, 1913, P. L. 257, amending Section 1, Act of May 3, 1909, P. L. 401. The section has been drafted in order to exclude the subject of first class townships and to make its provisions apply only to boroughs. Section 3. Is part of Section 1, Act of May 20, 1913, P. L. 257, amending Sec- tion 1, Act of May 3, 1909, P. L. 401, rs-drafted in order to exclusively apply its provisions to the subject of boroughs. What is contained in one section has been divided into two sections in order to make bet- ter reading. Section 4. Is part of Section 2, Act of May 3, 1909, P. L. 401, re-drafted in order to restrict its provisions to the subject of boroughs. So much of the original section as provided that an election was required when the value of the property or the rental thereof exceeds the sum of |3,000.00, has been omitted and in its place has been substi- tuted where such amount exceeds one and one-half mills on the dol- lar of valuation, and this for the following reason. Section 1, of this Act of 1909 authorized the appropriation of private property for parks and playgrounds, but provided that no condemnation, lease or purchase should be made whereby the borough, within the period of three years would obligate itself to pay more than |3,000.00, without the consent of the electors first obtained. This section was amended by the Act of May 20, 1913, P. L. 257, whereby "more than |3,000.00" was changed to "more than one and one-half per centum on the value of property, etc." The Legislature in amending the Act of 1909 overlooked Section 2 clearly through an inadvertence and as this section appears in the code it has been changed in order to agree with the provisions of the law as expressed in the Act of 1913. Section 5. Is part of Section 2, Act of May 3, 1909, P. L. 401. So much of this section as relates to townships has been omitted as it is beyond the subject of this code. Section 6. Is part of Section 2, Act of May 3, 1909, P. L. 401. Section 7. Is part of Section 2, Act of May 3, 1909, P. L. 401. The provisions of Section 2, of the Act of 1909, has in this code been divided into several sections, it being thought that in this way the subject would be more clearly presented. The provision that no question deter- mined negatively shall be again submitted "within one year" has been redrafted so as to make "one election" intervene, it being thought that it better expresses the legislative intent and is more definite. Section 8. Is Section 4, Act of May 3, 1909, P. L. 401. 265 Section 9. Is part of Section 2, Act of June 8, 1895, P. L. 188, re-drafted in order to restrict its provisions to the subject of boroughs. This Act of 1895 is composed of seven sections dealing with the subject of emi- nent domain for the purpose of making, enlarging and maintaining public parks. Section 2, however, is the only part of the act which is live law, the remaining sections having been entirely supplied by the Act of May 3, 1909, P. L. 401. The provisions of Section 2, as it appeared in the original act has been divided into two sections in this code for the purpose of clearer reading and better arrange- ment. Section 10. Is part of Section 2, Act of June 8, 1895, P. L. 188. Section 11. Is part of Section 5, Act of May 3, 1909, P. L. 401. Section 12. Is part of Section 5, Act of May 3, 1909, P. L. 401. There has been inserted in this section after "of the property" the words "their agents, attorneys or representatives." It will be noted that Section 2, of the Act of 1895, P. L. 188, incorporated in Sec- tions 9 and 10, of this article provides a method whereby boroughs may take immediate possession of property needed for the estab- lishment or enlargement of public parks, by tendering a bond to the owner of the property, or to his agent or attorney if such persons is absent, or to the agent or other officer of a corporation, or to the guardian or committee of any person under legal incapacity. Sec- tion 5, of the Act of 1909, provides for the service of notice in the proceeding to assess damages, only upon the owners of the property, being silent as to their agents, attorneys or representatives, prob- ably through inadvertence. The procedure provided in the subse- quent sections of the Act of 1895, P. L. 188, for the assessment of such damages, is exactly the same as the procedure set forth in the Act of 1909, excepting that the former affirmatively provide for notice not only to the owners of property, but in certain events to their agents, attorneys or representatives. In other words, it provides notice to the same parties to whom the bond might be tendered if the munici- pality desired to take immediate possession of the premises against the will of the owner. In order, therefore, to carry out the intention of the Legislature as expressed in the Act of 1895, the addition above quoted was made. The act has also been re-drafted in order to re- strict the act to boroughs, it being in its original form applicable to townships as well. Section 13. The Act of 1909, the first five sections of which have already been incorporated in this article contains a lengthy mode of procedure before the viewers for the assessment of damages, and also a proce- dure on their report. An examination of its provisions disclose the 266 fact that it had been drafted over the act of May 16, 1891, P. L. 75, and its provisions follow the section of this Act of 1891 almost ver- batim. In. view of the fact that the Act of 1891, has already been incorporated in this code, its provisions appearing in Article 2, of Chapter 6, it was thought inadvisable to write into the code a second time all the procedure contained in this prior chapter. A specific reference has therefore been made to the article and chapter of the code where the procedure for the assessment of damages and the pro- cedure on the report of the viewers occurs, and a provision inserted providing that the proceedings in this case shall be the same as under the chapter and article referred to. By this change several sections of the Act of 1909 have been omitted the sections being from 6 to 11, both inclusive, with the exception of part of Section 10. As some minor variancies between this act and the Act of 1891, so far as it relates to the condemnation proceedings prior to the action of the viewers occur, the provisions of the Act of 1909 have been adopted, and as stated, only so much of the prior act has been used as relates to the proceedings before the viewers and the proceedings upon their report. Section 14. Is part of Section 10, Act of May 3, 1909, P. L. 401, restricted in order to make it exclusively apply to the subject of boroughs. Section 15. Is Section 12, Act of May 3, 1909, P. L. 401. Section 16. Is Section 1, Act of June 1, 1911, P. L. 544, omitting "heretofore" and substituting "prior to the first day of June, one thousand nine hundred and eleven," this change being necessitated in order to preserve the intention of the Legislature which was to validate the acquisition of land outside the borough limits which had occurred prior to the passage of the Act of 1911, which was on June first. Were this section incorporated in the code in its original form its operation would be to validate such acquisitions prior to the passage of the code, if such is the case, which it is obvious would be a plain departure from the legislative intent. Section 17. Is part of Section 1, Act of July 22, 1913, P. L. 902, amending Section 12, Act of May 16, 1891, P. L. 75, re-drafted so as to make its provisions exclusively apply to the subject of the plans of parks and playgrounds in boroughs, it being in its original form applicable to parks, playgrounds, and streets and alleys in the several municipali- ties of the Commonwealth. So far as the act relates to the plan of streets and alleys in boroughs its provisions have been incorporated in Chapter 6, Article 10, of the code. Section 18. Is part of Section 1, Act of July 22, 1913, P. L. 902, amending Section 12, Act of May 16, 1891, P. L. 75. 267 CHAPTER IX. ARTICLE II. SHADE TREES. (a) ESTABLISHMENT OF SHADE TREE COMMISSION. Section 1. Is Section 1, of the Act of May 31, 1907, P. L. 349. This act in its original form after providing a method whereby the commission might be established and after prescribing its powers and duties pro- vided that boroughs might by ordinance accept the provisions of the act, and thereafter it would be in operation in such boroughs. In- stead of following out this system in drafting the article power has been given to boroughs to establish such a commission and as it has not been made mandatory the same result is obtained as intended in the original act. This change is made because it was felt that the system would present the subject in a better way. Section 2. Is part of Section 1, and part of Section 2, of the act of May 31, 1907, P. L. 349. This act has been re-drafted and the provisions re- arranged, it being thought that the subject could in this way be more clearly presented. Section 3. Is part of Section 1, Act of May 31, 1907, P. L. 349. Section 4. Is part of Section 1, Act of May 31, 1907, P. L. 349. Section 5. Is part of Section 6, Act of May 31, 1907, P. L. 349. Section 6. Is part of Section 2, Act of May 31, 1907, P. L. 349. Section 7. Is Section 3, Act of May 31, 1907, P. L. 349. Section 8. Is part of Section 4, Act of May 31, 1907, P. L. 349. The original provisions of the act provided that a copy of the notice should be sent to the borough tax collector, and this for the purpose that this officer, if the money was not paid within a certain time, was required to file a tax claim for the amount of the assessment which could be collected as tax claims are collected under the Act of 1901. Attention is called to the fact that this is purely a municipal im- provement and the amount assessed against the owners of real estate is in no sense a tax, but is a municipal claim. In view of this fact it seems rather inconsistent that the amount should be collected as a tax, and not as a municipal claim, and a change has therefore been made to the effect that the amount shall be filed and collected not as taxes but as municipal claims. This change does away with the necessity of giving a notice to the borough tax collector and it has therefore been omitted in the code. Notice to the borough treasurer has been substituted as this officer is required to receive the amount of the assessment and should there- fore have a copy of the certificate for the proper exercise of his duties. Section 9. Is part of Section 4, Act 'of May 31, 1907, P. L. 349. Some de- parture has been made in this section from the terms of the original act. Section 4, in the act as passed simply provided that a notice should be given stating the time and place of payment and was silent as to who should give such notice and the time thereof. It seems advisable in order that this duty might be performed to impose it upon a designated officer and also to prescribe a specified time of such notice so that the provision would be general as to all boroughs, of the Commonwealth. Thirty days has been taken as the time of such notice as this seems to be the period prescribed by practically all the acts dealing with municipal claims and the duty of giving such notice has been imposed upon the secretary of the borough as this is the proper officer for the performance of such duties. So much of the original provisions of this section as authorizes the filing of a tax lien has been omitted and a provision substituted authorizing the filing of a municipal claim. This change, as stated above, is made in view of the fact that the work for which the claim is filed is in no sense a tax, but is a claim for a municipal improve- ment, and therefore the filing and collection of such claim should be governed by the law on the subject of municipal claims and not tax claims. Section 10. Is Section 5, Act of May 31, 1907, P. L. 349, omitting so much thereof as authorizes the assessment of a tax as this provision has been incorporated in the taxation code. In order, however, to call attention to the fact that a tax may be levied and to make it un- necessary for the reader to refer to some other act in order to as- certain to what this section is cumulative, a specific reference has been made to the fact that there is an act which authorizes the levying of a tax to defray the same expenses. Section 11. Is part of Section 6, Act of May 31, 1907, P. L. 349. Section 12. Is Section 7, Act of May 31, 1907, P. L. 349. It will be noted that Sections 8 and 9 of this act have been omitted from the code, the former as it is simply a repealing clause, and 269 the latter as it provides that boroughs may accept the provisions of the act, and therefore it is useless as the article has been drawn in an optional form. Section 13. Is part of Section 1, Act of June 17, 1901, P. L. 569, Act number 275. Section 14. Is part of Section 1, Act of June 17, 1901, P. L. 569, Act number 275. CHAPTEK IX. ARTICLE III. FOEESTS. Section 1. Is part of Section 1, Act of April 22, 1909, P. L. 124. Section 2. Is part of Section 1, Act of April 22, 1909, P. L. 124. Section 3. Is part of Section 2, Act of April 22, 1909, P. L. 124. So much of the section which requires the ordinance to be advertised after its passage has been omitted as this provision is covered by Chapter 7, Article 1, Section 6, Clause 4, of the code. ' Section 4. Is part of Section 2, Act of April 22, 1909, P. L. 124. Section 5. Is Section 3, Act of April 22, 1909, P. L. 124. So much of the section as provides that "the proper authorities shall notify the Commissioner of Forestry" has been omitted and the duty enjoined on the borough council, in order to leave no doubt who is to perform this duty. Section 6. Is Section 4, Act of April 22, 1909, P. L. 124. Section 7. Is part of Section 5, Act of April 22, 1909, P. L. 124. So much of the section as provides that the rules shall have for their major idea the sale of forest products for producing a continuing municipal revenue has been omitted from this section, and incorporated in Section 5, of the article. Section 8. Is Section 6, Act of April 22, 1909, P. L. 124. CHAPTEE X. AKTICLE I. LIBEAKIES. Section 1. Is Section 1 of the Act of June 17, 1901, P. L. 569. This section in its original form provided that the question of establishing a library should be submitted at "the election to be held on the third Tuesday of February in each year." This election has been abolished by the constitutional amendments of 1909 and the substitution of "municipal election" has been made. The term annual election has been changed to general election. This reference undoubtedly was to the general election of the preceding year and the reference has therefore been made to the general election. Section 2. Is Section 2 of the Act of June 17, 1901, P. L. 569. Section 3. Is Section 3 of the Act of June 17, 1901, P. L. 569. The term "annual election" has been changed to "general election." Section 4. Is Section 1 of the Act of May 11, 1901, P. L. 169. This section has been drafted so as to restrict its provisions to boroughs. Section 5. Is Section 2 of the Act of May 11, 1901, P. L. 169, so drafted as to restrict its provisions to boroughs and to omit much useless matter. Section 6. Is a section drafted to cover the provisons of sections 3 and 4 of the Act of May 11, 1901, P. L. 169. These sections of the Act of 1901 provided the procedure before the viewers for the assessment of damages. The purpose throughout this code has been to eliminate the numerous proceedings set forth in the different acts of Assembly affecting boroughs, relating to the assessment of damages for property taken, injured or destroyed. The Act of 1891 and its amendments and supplements is a very complete and minute procedure to cover such cases. This procedure of Sections 3 and 4 of the Act of 1901 has therefor been omitted and a reference has been made to Chapter 6, Article 2, wherein is incorporated the Act of 1891 and its amend- ments and supplements. Justification for this change in the law is found in that it will lessen the number of procedures and simplify the code. 18H 271 Section 7. Is a section drafted from Section 4 of the Act of June 17, 1901, P. L. 569. This section has been largely changed from its original form and the clause relating to the filling of vacancies for the un- expired term, has been inserted in order to complete the section. Section 8. Is a section drafted from part of Section 4 of the Act of June 17, 1901, P. L. 569. This part of this Section 4 provided that the treasurer should give bond. To this has been added the clause that the amount of the bond is to be fixed by the board. This addition has been made to complete the sense of this section. Section 9. Is Section 5 of the Act of June 17, 1901, P. L. 569. Section 10. Is Section 6 of the Act of June 17, 1901, P. L. 569. Section 11. Is Section 7 of the Act of June 17, 1901, P. L. 569. Section 12 . Is Section 8 of the Act of June 17, 1901, P. L. 569. Section 13. Is a draft made from Section 9 of the Act of June 17, 1901, P. L. 569. This section provided that the provisions of the Act of 1901 should not apply to boroughs wherein a free library was established prior to the passage of that act. In order to keep the sense of this section, it has been so drafted as to prevent the operation of those sections which cover the Act of 1901, in boroughs, where li- braries were established prior to June 17, 1901. Section 14. Is Section 1 of the Act of April 22, 1905, P. L. 281. Section 15. Is Section 2 of the Act of April 22, 1905, P. L. 281. Section 16. Is a section drafted from Sections 1 and 2 of the Act of May 25, 1897, P. L. 84. These two sections have been joined together, in this code, into one section and the reading has been simplified. Section 17. Is Section 1 of the Act of May 23, 1887, P. L. 164. This section in its original form provided that all taxes on dogs collected under existing laws for borough purposes, should be applied to public li- braries. This reference to existing laws undoubtedly was a reference to the power of boroughs to levy a dog tax under the Act of April 3, 1851, P. L. 320. As this power is contained in this act, the words "existing laws" have been stricken from the section and the words "this act" have been substitued. 272 CHAPTEE XI. AKTICLE I. BUEIAL GKOUNDS. Section 1. Is a section drafted from Section 2, Clause 16, of the Act of April 3, 1851, P. L. 320. Section 2. Is Section 1 of the Act of April 23, 1909, P. L. 155. Section 3. Is Section 2 of the Act of April 23, 1909, P. L. 155. Section 4. Is a draft from Section 3 of the Act of April 23, 1909, P. L. 155. This section has been re-drafted in order to simplify its reading. Section 5. Is Section 2 of the Act of May 13, 1876, P. L. 159, amending Sec- tion 1 of the Act of May 19, 1874, P. L. 208. From this section has been omitted the clause authorizing the courts "to enforce their decrees by proper process." This clause is simply declaratory and there seems no necessity for incorporating it. Section 6. Is a part of Section 3 of the Act of May 13, 1876, P. L. 159, amending Section 2 of the Act of May 19, 1874, P. L. 208. What was originally Section 3 of this act has in this code been divided into four sections. Section 7. Is a part of Section 3 of the Act of May 13, 1876, P. L. 159, amend- ing Section 2 of the Act of May 19, 1874, P. L. 208. Section 8. Is a part of Section 3 of the Act of May 13, 1876, P. H 159, amend- ing Section 2 of the Act of May 19, 1874, P. L. 208. Section 9. Is a part of Section 3 of the Act of May 13, 1876, P. L. 159, amend- ing Section 2 of the Act of May 19, 1874, P. L. 208. Section 10. Is a part of Section 1 of the Act of April 29, 1909, P. L. 291, amending Section 1 of the Act of May 12, 1887, P. L. 96. What was originally Section 1 of this act has, in this code, been divided into two sections. This part of Section 1 has been somewhat re-drafted and much useless matter has been omitted. Originally this section applied to cities, townships, and school districts in addition to boroughs. The draft has been restricted to boroughs. 273 Section 11. Is' a part of Section 1 of the Act of April 29, 1909, P. L. 291, amending Section 1 of the Act of May 12, 1887, P. L. &6. Section 12. Is a part of Section 2 of the Act of April 29, 1909, P. L. 291, amend- ing Section 2 of the Act of May 12, 1887, P. L. 96. The clause "at their own expense" has been changed to "at the expense of the party making such removal." This clause in the original act was very awkward and it was hard to ascertain just at whose expense this removal was to be made, but as it is punctuated in the original sec- tion, it- seems to relate to both the managers of the cemetery com- pany and the borough, depending on which is making the removal. The change has therefore been made as hereinbefore set forth in order to clarify the reading. What was originally Section 2 of this Act of 1909 has in this code been divided into four sections. Section 13. Is a part of Section 2 of the Act of April 29, 1909, P. L. 291, amend- ing Section 2 of the Act of May 12, 1887, P. L. 96. Section 14. Is part of Section 2 of the Act of April 29, 1909, P. L. 291, amend- ing Section 2. of the Act of May 12, 1887, P. L. 96. Section 15. Is part of Section 2 of the Act of April 29, 1909, P. L. 291, amend- ing Section 2 of the Act of May 12, 1887, P. L. 96. CHAPTER XII. ENFORCEMENT OF ORDINANCES ACTIONS BY AND AGAINST BOROUGHS. ARTICLE I. ENFORCEMENT OF ORDINANCES. Section 1. Is a section drafted from a part of Section 6 of the Act of April 1, 1834, P. L. 163; Section 32 of the Act of April 3, 1851, P. L. 320; and the latter part of Section 2 of the Act of June 4, 1897, P. L. 121. Section 2. Is Section 1 of the Act of June 4, 1897, P. L. 121. This section originally related to policemen and constables but has been drafted so as to m#ke it apply to policemen only, a constable being not properly a borough officer. 274 Section 3. Is a part of Section 2 of the Act of June 4, 1897, P. L. 121. Section 4. Is a part of Section 3 of the Act of June 4, 1897, P. L. 121. What was originally Section 3 of this act has, in this code, been divided into three sections. Section 5. Is a part of Section 3 of the Act of June 4, 1897, P. L. 121. Section 6. Is a part of Section 3 of the Act of June 4, 1897, P. L. 121. Section 7. Is a part of Section 1 of the Act of May 18, 1887, P. L. 122. This section in its original form also had reference to "aldermen." The appearance of the word "aldermen" as connected with the borough government was evidently through inadvertence, as an aldermen is not an officer within a borough. It has therefor been stricken from this section. What was originally Section 1 of this Act of 1887 has, in this code, been divided into two sections. Section 8. Is a part of Section 1 of the Act of May 18, 1887, P. L. 122. Section 9. Is Section 1 of the Act of June 7, 1911, P. L. 677. This act was general to municipalities, but in this code has been drafted so as to restrict it to boroughs. It may be well to note that the Act of March 28, 1905, P. L. 61 has not been used in this compilation, being wholly superceded by the Act of June 7, 1911, P. L. 677, here cited. CHAPTEK XII. AKTICLE II. ACTIONS BY AND AGAINST BOKOUGHS. (a) MUNICIPAL CLAIMS. Section 1. Is Section 1 of the Act of March 25, 1909, P. L. 78, amending Section 1 of the Act of April 4, 1907, P. L. 40. This section in its original form was general to municipalities, but in this code, has been drafted so as to restrict it to boroughs. The jurisdiction con- ferred in the original section was "to the limits of their jurisdiction." This has been changed to three hundred dollars. 275 (b) DEFENCES BY 0?AXPAYEBS. Section 2. Is a section drafted from Section 1 of the Act of March 23, 1877, P. L. 20. This section has been redrafted in order to clairfy its reading and to avoid the use of a proviso. The original section was general to boroughs, townships and school districts, but in this code, has been drafted to restrict it to boroughs. Section 3. Is a part of Section 1 of the Act of May 11, 1911, P. L. 208. This section has, in this code, been divided into two sections in order to avoid the use of a proviso. Section 4. Is a part of Section 1 of the Act of May 11, 1911, P. L. 208, so drafted as to restrict it to boroughs. Section 5. . Is Section 2 of the Act of May 11, 1911, P. L. 208, so drafted as to restrict it to boroughs. (c) LIABILITY IN BOND TKANSPEKS. Section 6. Is Section 1 of the Act of May 23, 1874, P. L. 222, so drafted as to restrict it to boroughs. 276 CHRONOLOGICAL TABLE OF STATUTES Codified in the Codification of the General Law Relating to Boroughs 1834 April 1 P L 163 Sec 1 g ec i Sec 2 Sec 2 Sec 2 g ec 2 Sec 3 Sec 3 Sec 3 ... Sec 3 See 4 Sec 6 Sec 6 Sec 6 Sec 7 Sec 7 Sec 8 Sec 9 . . Sec. 9, Sec 9 Sec 12 Sec 14 ... Sec 15 Sec 16 1836 June 13 P L 551 Sec 34 1842 March 11 P L 62 Sec 2 ... 1851 April 3 P L 320 Sec 1 Sec 2 Par 1 Sec 2 Cl I Sec 2 Cl II Sec. 2, Cl. II, Sec. 2 Cl. Ill Sec 2 Cl VII Sec 2 Cl VII Sec. 2, Cl. VIII Sec 2 Cl IX Sec 2 Cl IX Sec 2 Cl X Sec. 2, Cl. XI, Sec. 2 Cl XI Sec 2 Cl XII Sec 2 Cl XIII Sec. 2, Cl. XIII Sec 2 Cl. XIV Sec 2 Cl XIV Sec 2 Cl XV . .. Sec. 2, 01. XV Sec. 2, Cl. XVI, Sec 2, Cl. XVII Sec 2 Cl. XVIII Sec 2 Cl XVIII Sec 2 Cl XX Sec 2 Cl XX Sec. 2, 01. XX Sec 2, Cl XXI Sec 2 Cl XXI Sec 2 Cl XXII . . Sec 2 Cl XXIII Sec. 2, Cl. XXIII, Sec. 2, Cl. XXV Sec. 8 Par 1 Sec. 8. Cl. I. . ]hap. Art. VII II II III II II III III II II II V III III II V VIII XII VII V VII II VII I VII VII I VII VII VII V VII II VII VII V VI XIV VIII I V V VII VI IV VI XI V V V VI V V V V V V V V V V V V XI V V V V V V V V VII V v V VII VII Sec. 12 1 Cl. Ill VII XI VIII III I XI XXIII XXIX XXX XXIX XXVI XXVII XXVII VIII IX XVI XXII XII X XVII XVIII XIX III IV V XXXI XXXII III II XXIV 2 XXVIII 6 Par. 1 6 Cl. I 277 Chap. Art. Sec 3 Cl II . Sec. 3, Cl. Ill Sec. 3 Cl IV Sec 3 Cl V Sec 3 Cl VI Sec. 3, Cl VII Sec. 3 Cl X Sec. 3, 01. X, Sec 4 Sec. 6 Sec 6 . Sec. 6, 01. I, Sec. 6, Cl. II Sec 6 Cl III Sec 8 .. . . Sec. 10 Sec 11 Sec 11 Sec. 13 Sec 13 Sec 17 Sec. 18, Sec 19, Sec 20 Sec. 21. . Sec. 25 Sec. 27, 01. I, gc. 27, Cl. Ill Sec 27 Cl IV Sec. 27, 01. V Sec. 27 Cl. V Sec 27 Cl V Sec 28, Sec 29 Sec 31 Sec 32 i85tr April 22 P L 625 Sec 2 1863 April 1 P L 200 Sec 1 1869 April 20 P L 81 Sec 1 1870 March 4 P L 344 Sec 5 Sec 6 . ... 1871 June 2, P L 283 Sec 1, . Sec 1 Sec. 1, Sec 1 .. Sec 1 Sec. 1, Sec 1 Sec 1 Sec. 8, . 15 P L 891 Sec 1 . 1874 May 14 P. L. 159, Sec 1, Sec 2 . ,. Sec 3 1874 May 15 P L 186 Sec 1 gee 2 Sec 3 . ' ' ' 1874 May 23 P L 222 Sec 1 . 1874 June 8 P L 281, Sec 1 Sec 1 * Sec. 2, Sec 3 Sec 4 Sec. 5 1874 June 13 P L 283 Sec 1 Sec 2 ... 1876, Feb. 17, P. L. 6, Sec. 1, .*..'. 1876 May 5, P. L 112, Sec. 1 Sec 2 ... 1876 May 13 P L 159 Sec 2 Sec. 3 Sec 3 .... , Sec. 3 ...:.. Sec. 3. . VII VII VII VII VII VII VII VII VII VII VI VII II VII II VII II VII II VII II VII VI VII VI VII VI VII VI VII III VII III VIII VIII VIII VIII II II VI VI IV VI IV VI IV VI XII VI VI VI VI II I II I V I XII I VI XI XI I V I VIII II VIII II II IV II I III I III I III I IV I II V II V VIII II VIII II VI I III III III III III III VII II VII II Vlf II XII II III III III HI III III VI VI VIII v" XI XI XI" XI ." XI Sec. 6 6 1 9 10 11 11 11 7 5 5 6 1 2 5 1 4 3 10 11 2 1 6 4 33 3 5 7 8 1 1 11 6 2 2 3 2 2 3 4 5 8 1 3 01. IV II IV VII V VI IX X XXVI XXV XXV 278 Chap. Art. 1S77, Marcli 23, 1877, March 24, 1877, March 24, 1S77, April IS, 1878, May 10, 1878, May 24, 1878, June 12, 1879, June 11, 1883, May 17, 1883, May 17, 1883, May 22. 1883, June 13, 1885, June 10, 1885, June 24, 1885, June 25, 1887, May 7, 1887, May ; 18, 1887, May 19, 1887, May 23, 1887, May 24, 1887, March 24, 1887, June 1, P. L. 20, Sec. P. L. 36, Sec. P. L. 47, Sec. Sec. P. L. 55, Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. P. L. 51, Sec. Sec. Sec. P. L. 118, Sec. P. L. 184, Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. P. L. 150, Sec. Sec. Sec. P. L. 31, Sec. P. L. 36, Sec. P. L. 39, Sec. Sec. Sec. Sec. Pi L. 98, Sec. Sec. Sec. P. L. 81, Sec. P. L. 163, Sec. Sec. P. L. 168, Sec. P. L. 93, See. Sec. P. L. 122, Sec. Sec. P. L. 133, Sec. Sec. P. L. 164, Sec. P. L. 185, Sec. Sec. P. L. 203, Sec. P. L. 285, Sec. Sec. Sec. Sec. Sec. 1889, April 17, P. L. 34, Sec. Sec. 1889, April 22, P. L. 39, Sec. 1889, April 23, P. L. 44, Sec. Sec. 1889, May 9, P. L. 173, Sec. 1889, May 9, P. L. 174, Sec. Sec. 1889, May 13, P. L. 193, Sec. Sec. 1889, May 15. P. L. 220, Sec. Sec. Sec. Sec. Sec. Sec. XII II VIII II III III VIII I II III II III II III II III II III IV IV IV VIII III II VIII VI XVI IV IV IV IV IV IV IV rv rv IV IV III III III VI X2 III VII VII VI VI VI VI III II III II III II VI XVII VI XVII VI XVII V I VI XX VI XX XII I XII 1 VII II VII II X I VI XX VI XX III II rv I IV I IV I IV I III I II IV III I VI XIX VI XIX VI XX VI VII VI VII VI IV II IV II I VIII I VIII I VI XII VI XII VI XII VI XII VI XII VI XII Sec. 2 1 1 7 1 2 3 4 5 10 11 12 17 7 13 20 1 9 1 10 11 12 11 9 5 9 1 2 10 10 11 22 19 19 2 1 2 9 10 9 10 17 3 4 1 13 15 16 14 7 6 8 1 14 9 16 17 15 5 9 11 7 6 7 30 8 9 01. VII 279 Chap. Art. Sec. Sec. 5 Sec 6 . 1889 May 29 p L 393 Sec 1 Sec. 2 Sec. 3 1891 May 16 PL 75 Sec 3 Sec 4 Sec. 4, Sec. 5 Sec 5 Sec 5 Sec 7, Sec 10 . Sec 10 Sec. 10 1891 May 16 P. L 75, Sec 10, Sec 10 Sec. 10, Sec 10 1891 May 20 P L 90 Sec 1 Sec 1 Sec. 1, Sec 1 Sec 1 Sec. 1, Sec 1 Sec 1 Sec. 1 Sec 2 1891 May 23 P L 109 Sec 1 "... 1891 May 23 P L 109 Sec 1 1891 June 2 P L 172, Sec 1, 1891 June 8 P L 210 Sec 1 Sec. 2, Sec 8 Sec 3 1893 May 23 P L 113 Sec 1 Sec 1 Sec 3 Sec 3 1893 May 24 P L. 129, Sec 1 Sec 1 . . Sec 1 Sec 1 Sec 2 Sec 3 1893 June 3 P L 284 Sec 1 Sec 2 . Sec 2 ^ Sec 3, Sec 4 1893 June 6 P L 327 Sec 1 Sec. 2 1893 June 6 P L 335 Sec 1 Sec 2 Sec. 2, Sec 2 Sec 2 Sec 4 Sec 5 Sec 5 .. Sec 6 Sec 10 1893 June 12 P L 459 Sec 1 Sec 1 Sec 1 Sec 1 Sec 1 1895, May 21, P. L. 89, Sec 1 Sec 2 1895 May 22 P L 109 Sec 1 Sec. 4 1895 June 8 P L 188 Sec 2 Sec 2 1895 June 24 P L 241 Sec 1 1895. June 24. P. L. 255. Sec. 1. . VI XII VI XII VI XII II IV II IV II IV VI II VI II VI II VI II VI II VI II VI II VI II VI IV VI IV VI IV VI VII VI VII VI VII VI XVII VI XVII VI XVII VI XVII VI XVII VI XVII VI XVII VI XVII VI XVII VI XVII VI I VI VI VI I VI XVI VI XVI VI XVI VI XVI VII II VIII I VII I VII I VII VI VII VI VII VI VII VI VII VI VII VI III II III II III II III II III II VII VI VII VI II II II II II II II II VII II II II VIII I VIII I VIII I VI VII VI XIV VI XIV VI II VI II VI II VI I VI I III III VIII II IX I IX I III III VII II 10 11 12 1 3 4 6 3 13 14 15 16 34 35 8 10 12 5 6 7 41 42 43 44 45 46 47 48 49 50 6 4 14 1 2 3 4 1 14 7 8 22 23 24 25 26 27 2 3 4 5 6 15 16 1 2 2 2 2 4 8 15 15 14 2 3 1 2 4 10 11 6 4 9 10 6 11 280 Chap. Art. Sec. Cl 1895 June 26 p T, 332 Sec 1 1895 June 26 p T, 375 Sec 1 1895 p T, 389 Sec 1 Sec. 1 1895, July 2, p T, 49fi, Sec. 1895 July 2 p T, 433 Sec 1897 March 27 p T, 8 Sec 1 1897 May 19 p 79 Sec 1 Sec. 1897 May 25, p T, 84, Sec. Sec 2 1897 May 25 p T, 88 Sec 1 1897 May 31 p 114 Sec 2 1897 P 7 121 Sec Sec l f Sec 1 Sec 1 Sec 2 Sec. 8, Sec. 3 Sec 3 1897 July 9 p 7, 216 Sec 1 1897 July 12 p 7 246 Sec 1 Sec. 1, 1897 July 14, p 7, 266 Sec. Sec 2 . Sec. 3, Sec. 8 1899 April 28 p 7, 74, Sec. 1, Sec 1 Sec 2 Sec. 2, Sec. 8 Sec. 9 Sec 10 1899 April 28 p 7, 100 Sec 1 Sec. 1, Sec. 1 Sec 1, Sec 1 Sec. 1 Sec 1 Sec 1 Sec. 1 1899, May 2, P 7, 1FW, Sec. 1, Sec. 1 Sec 1 1 1901, April 19, P r, 8?, Sec. 2, 1901, May 2, p 7, m, Sec. 1 Sec 1 1901 May 2 p 7, 117 Sec 1 1901, May 8, P T, 140, Sec. 1 Sec. 2, 1901, May 11, p 7, 169 Sec. 1 Sec 2 Her 3 Sec 4 1901, May 11, P 7, 177, Sec. 1, Sec 2 Sec 2 Sec 3 Sec 3, Sec. 3, 1901, May a, p 7, 265 Sec. 1 Sec 1 1901, May 24 p 7, 297 Sec 1 1901 Mav 24 p 7, 297 Sec 1 1901, June 7, P T, 5TI, Sec. 3, Sec. 4 Sec. 4, Sec 4 Sec 6 .... Sec 6 Sec. 6 Sec. 6. . V 1 V I VIII I II I II IV VI XVIII VIII II VII I VI VII VI VII X I X I VII VI VI VII XII I XII I XII I XII I XII I XII I XII I XII I VIII I VI IV VI VII VII VI VII III VII III VII VI VI XVI VI XVI VI XVI VI XVI VI XVI VI XVI VI XVI VI IV VI IV VI VII VI VII VI VII VI VII VI XII VI XII VI XIV VI XX VI XX VI XX VI XX VI XII VI XI VI XI VI XVII VI XVII VI XVII X X X X III III III rv IV IV VI XII VI XII VII VI VI XI VI IX VI IX VI IX VI IX VI IX VI IX VI IX VI IX 2 XXXVII 2 XXXV 16 4 2 12 5 4 IV 281 Chap. Art. Sec. Cl. Sec. 8 1901 10 p L 551 Sec 1 . . 1901 10 p L 555 Sec 2 . .... Sec. 2 Sec. 3 Sec 3 Sec. 3 Sec. 4 Sec. 7, Sec g 1901 17 p L 569 Sec 1 Sec. 2 Sec 3 Sec. 4, Sec. 4 Sec 5 Sec. 6 Sec. 7, Sec 8 Sec 9 1901, June 17, P L. 569, Sec. 1 Sec. 1 1901 19 p L 573 Sec 1 1 Sec. 1 1901, July 10, P L. 634, Sec. 1 Sec 1 Sec. 2 Sec. 2 Sec 7 Sec. 8 1901, July 10, P L. 637, Sec. 1 Sec. 2 Sec. 2, 1901, July 17, P L. 668, Sec. 1 Sec. 2 Sec. 2 Sec. 2 1903, Feb. R p L. 6, Sec 2 1903, March 11 P, Sec. 1 1903, March 18, P Li. 28, Sec. 1 Sec. 1903, March 19 P L. 31, Sec. 1, Sec 1 1903 March 19 p L 35 Sec 1 Sec. 1, Sec. 1 . ... Sec. 1 Sec. 1 1903, April 2, P L 124, Sec. 1 Sec. 1 Sec. I Sec 1 Sec. 2 Sec. 2 Sec 2 Sec 2 Sec. 2 Sec. 2 Sec. 2 Sec. 2 Sec. 2 1903 April 13 P L. 171, Sec. 1 Sec. 1 1903, April 2' P Li. 258, Sec. 1 1903, April 9? P Sec 1 . 1903 April 28 P L. 335, Sec. 2 1905 March P L. 46, Sec. 1 Sec 2 1905 April 10 P L. 136, Sec. 1 1906, April 14 P L. 155, Sec. 1 Sec. 2 1905, April 14 P L. 168, Sec. 1 Sec. 1, Sec. 1 Sec. 1, 1905, April 18, P. L. 198, Sec. 1, VI IX VI IX VII II VI XVIII VI XVIII VI XVIII VI XVIII VI XVIII VI XVIII VI XVIII VI XVIII . X X X X X X X X IX II IX II VI XI VI XI VI XVI VI XVI VI XVI VI XVI VI XVI VI XVI VI VII VI VII VI VII VI XII VI XII VI XII VI XII II II VIII II VI I VI I VII I VII I VI IV VI IV VI IV VI IV VI IV VI II VI II VI II VI II VI II VI II VI II VI II VI II VI II VI II VI II VI II VIII I VIII I VI XX VII II VI XV VI V VI V II II II II II II VI VII VI VII VI VII VI VII VI II 5 n 10 10 5 . 1 2 1 5 <> 10 11 12 19 282 Art. Sec 2 . Sec 2 ; Sec 2 Sec 2 Sec Sec. Sec. 5 Sec 1905 April 18 p T, 215 Sec Sec Sec 1 1905 April on p L 232 Sec i Sec 1 Sec. 1 Sec 2 Sec 1906 April 20 p T, 235 Sec Sec 2 . 1905 April 22 p L 281 Sec 1 ... Sec. 2, 1905 April 22 p T, 295 Sec Sec 1 1905 April 25 p T, 309 Sec 1 . 1905 May 3 p j 379 Sec 1 ... Sec l t Sec 1 1907 March 21 p T 25 Sec 1 Sec 1 1907 April 4 p L 44 Sec 1 Sec 1907 April 15 p Ti 80 Sec 1 1907 April 15 p T 90 Sec 1 Sec 1 1907 April ft, p T, 97 Sec. 1, Sec Sec 1 1907 April 25 p T 103 Sec 2 Sec 3 1907 April >5 p T, 104, Sec 1907 May 7 p T, 167 Sec 1 ( Sec 1 Sec. 2 Sec 2 Sec 3 1907 May 7 p T, 168 Sec 1 Sec 1 Sec 1 1907 May g p T, 1R? Sec. 1907 May g p T, 184 Sec 1 1907 May 10 p T, 196 Sec 1 . 1907 Mav 23 p T 203 Sec 1 1907, May *, P T, ?*>, Sec. 1907 May *? p T, 230 Sec 1 Sec 2 1907 Mav 25 p T 240 Sec 1 Sec. 2 Sec 8. Sec 4 Sec 5 Sec 6 Sec. 6 Sec. 8, Sec. 8 Sec 8 . . . . Sec 9 Sec 10 1907 May ?R P T, ?64, Sec l t Sec. 2 Sec 3 Sec 4 Sec 4 Sec. 4, Sec. 5, May W p T, ?R7 Sec. l f 1907 May ?1 p T, 349 Sec. l f Sec. 1, - VI II VI II VI II VI II VI II VI II VI II VI II VI II VII I VII I VII II VI VII VI VII VI VII VI VII VI VII VI XI VI XI X I X I VI IX VI IX VII IV VI XIII VI XIII VI XIII III I III I III III III III V I VI XVII VI XVII VI XII VI XII VI XII VII VI VII VI VI VII VI XVII VI XVII VI XVII VI XVII VI XVII VI VII VI VII VI VII VI VII V I VI I V I VII VI V I V I VI XIV VI XIV VI XIV VI XIV VI XIV VI XIV VI XIV VI XIV VI XIV VI XIV VI XIV VI XIV III III III rv IV IV III VI VII IX II IX II Sec. 27 22 32 1 3 1 9 9 15 16 17 4 6 14 15 11 12 26 27 18 19 20 33 2 2 2 4 2 2 5 01. Ill XXXIV XXI XX XV XIV Chap. Art* Sec. OL Sec i Sec. 2, Sec 2 Sec 3 Sec. Sec 4 Sec 5. . Sec g Sec 6 Sec 7, 1907 May 31 P L 355 Sec 1 Sec 2 Sec 9 Sec 3, Sec 4 Sec 7, 1907 June 1, P L 365 Sec Sec 1 1907 June 7 p jj 461 Sec 1 Sec 1 Sec 1909 March 15 P L 33 Sec 1 ........ 1909 March 24 P Li 67 Sec 1 . . 1909 March 24 P L 69 Sec Sec 2 Sec 7 Sec Sec g Sec 9 Sec 9 1909 March 25 P L 78 Sec 1 1909 April 1 P L 79 Sec 1 Sec 1 Sec 1 Sec 2 Sec 2 Sec 2 . . Sec 2 Sec 3 Sec 3 . .. Sec 7 Sec 8 1907 April 22 P L 124 Sec 1 Sec Sec 2 .".. Sec 2 Sec 3 Sec 4 Sec 5 Sec 6 1909 April 22 P L 135 Sec 1 Sec 1 Sec 2 Sec 2 1909 April 23 P L 154 Sec 1 .... Sec. 2, Sec 3 Sec 3 1909 April 23 P L 155 Sec 1 Sec 2, Sec 3 1909 April 27 P L 261 Sec 1 Sec l t Sec 2 1909 April 29 P L 291 Sec 1 Sec l f Sec 2 Sec 2 Sec 2 Sec 2 1909 May 3 P L 392 Sec 1 Sec 2 Sec 5 . Sec. ft 1909 May 3 P L, 401 Sec. 1 Sec. 2. . IX II IX II IX II IX II IX II IX II IX II IX II IX II IX II IX II VI XVII VI XVII VI XVII VI XVII VI XVII VI XVII VI XVIII VI XVIII VI I VI I VI I V I VI XIV VI XIV VI XIV VI XIV VI XIV VI XIV VI XIV VI XIV XII II VI XVIII VI XVIII VI XVIII VI XVIII VI XVIII VI XVIII VI XVIII VI XVIII VI XVIII VI XVIII VI XVIII IX III IX III IX III IX III IX III IX III IX III IX III VI XVII VI XVII VI XVII VI XVII VII II VII II VII II VII II XI I XI I XI I VII IV VII IV VII IV XI I XI I XI I XI I XI I XI I VII IV VII IV VII IV vn IV IX I IX I 2 XXXVI 284 Chap. Art. Sec. 01. Sec 2 Sec 2 Sec 4 . . .. Sec. Sec 5 Sec Sec 12 1909 May 6 P L 440 Sec 1909 Mav 13 P Li 527 Sec -' 1911 March 2 PL 8 Sec ' Sec Sec Sec 5 1911 May 5 P L 123 Sec Sec -' Sec ' 1911 May 5 P L 166 Sec ' Sec Sec 1 1911 May 5 P L 176 Sec 1 Sec 2 Sec 2 1911 May 11 P L 208 Sec Sec 1 Sec 2 . 1911 May 12 P L 288 Sec 1 Sec Sec Sec 1 Sec 1 Sec 2 Sec. 2 1911 P L 541 Sec Sec 2 1911 P L 541 Sec 1 Sec 1911 J 1 P L 544 Sec r* P L 677 Sec i 1911 June 8 P L 714 Sec i Sec i Sec 1911 June 9 P L 857 Sec i 1911, June 9, P. L. 863, Sec. i, 1911 P L 865 Sec 4 1911 June 13 P L 887 Sec Sec -' Sec 1. . Sec 1 1911 P L 966 Sec 1 Sec. 1 Sec " 2 1911 P L 971 Sec 3 Sec 3 Sec. Sec. 4 Sec 5 Sec 5 . Sec 6 Sec. 6 Sec 7 t Sec 7 t . Sec 7 Sec 7 1911, June 19, P. L. 1033, Sec. 1 Sec. 1, 1911, June 19, P. L. 1047, Sec. 2 1911, June 20 P. L. 1087 Sec 1 Sec 1 . Sec 1 Sec. 1, f Sec. 1 Sec. l f Sec. 1 Sec 1 June 21 P L 1099 Sec 1 Sec. 2, . IX IX IX IX IX IX IX IX VIII VI VI VIII VIII VIII VIII VI VI VI VI VI VI VI VII VI VII VI VII III II III II III II XII II XII II XII II VI VII VI VII VI VII VI VII VI VII VI VII VI VII VI XVII IV XVII VI IV VI XII IX I XII I VI VII VI VII VI VII VII I V I VII IV VI VII VI VII VI VII VI VII VI XII VI XII VI XII VI XII VI XII VI VIII VI XII VI VIII VI XII VI VIII VI XII VI VIII VI VIII VI XII VI XII VI XVII VI XVII VII I VI V VI V VI V VI V VI V VI V VI V VI V VI XIX VI XIX XXXIX Chap. Art. Sec Sec. 3, Sec. 3, Sec. 3 f Sec 4. . Sec. Sec. 1911 21 P L 1113 Sec. 1, Sec 2 Sec. 3 Sec. 4 1913 April 15 P L 66 Sec 1 Sec 1 1913 May 1, P L. 155, Sec. 1 1913 May 15 P L 212 Sec. 1 Sec. 1, Sec. 1, 1913 May 15 P L 215, Sec. 1 Sec 1 1913 May 20, P. L. 227, Sec. 1 Sec. 1 Sec 2 Sec. 8 1913 May 20 P L 254 Sec. 2 Sec 3 Sec 4 Sec. 4 Sec 4 1913 May 20 P L 257 Sec 1 Sec. 1 1913 Mav 20 P L 267 Sec Sec 2 1913 May 20 P L. 268, Sec. l f Sec 1. . Sec 1 Sec. 1 1913 May 20 P L 273 Sec 1 Sec 1 Sec. 1, 1913, May 21, P. L. 277 Sec. 2, Sec 2 Sec. 2, Sec 2 Sec 2 Sec. 2, 1913 May 23 P L 336 Sec 1 1913 May 28 PL 368 Sec 1 Sec 2 ^ Sec 8 Sec 4 1913 May 31 P. L. 394 Sec. 1, Sec 2 Sec 3 Sec. 3 1913 5 P L 409 Sec 1 . Sec 1 Sec. 1, Sec 1 1913 5 P L 411 Sec Sec. 1, Sec Sec 1 Sec. l f Sec 1. . 1913 5 P L 419 Sec 1 Sec 2 1913 June 5 P L 434 Sec. 1913 5 P L 434 Sec j' 1913 5 P L 445 Sec j' Sec. 2 Sec 3 Sec 3 Sec. 3 Sec 4 f Sec 5 Sec. 6, . VI XIX VI XIX VI XIX VI XIX VI XIX VI XIX VI XIX VI XIX VII I VII I VII I VII I VI XVIII VI XVIII VI XVIII VI X VI *x VI X VI II VI II VI XX VI XX VI XX VI XX VII IV VII IV VII IV VII IV VII IV IX I IX I VI VII VI VII VIII I VIII I VIII I VIII I VI VII VI VII VI VII VI VIII VI VIII VI VIII VI XII VI XII VI XII VI VII VI III VI III VI III VI III VII IV VII IV VII IV VII IV VII I VII VI VII VI VII VI V I VI VII VI XI VI XI VI XI VI XI V I V I V I VI XX VI XVII VI XVII VI XVII VI XVII VI XVII VI XVII VI XVII VI XVII See. 4 6 I 7 8 9 10 11 10 11 12 13 1 2 11 4 5 6 7 8 5 6 7 8 1 3 4 5 8 2 3 01. VII 2 XXXIII 2 XXXIII XIII 286 Chap. Art. Sec. 1L Sec. 7, VI XVII 36 Sec. 8, VI XVII 37 Sec. 8, VI XVII 38 Sec. 9 VI XVII 39 Sec. 10 VI XVII 40 1913, June 12, P. L. 488, Sec. 1 VI XV 1 Sec. 1 VI XV 2 Sec. 1 VI XV 3 Sec. 1, VI XV 4 1913, June 12, P. L. 499, Sec. 1 VIII 151 Sec. 1 VIII I 5 II Sec. 1 VIII I 19 Sec. 1 VII V 3 Sec. 1 VII V 5 Sec. 2 VII V 10 Sec. 3 VII V 4 Sec. 4 VII V 6 Sec. 4 VII V 7 Sec. 5 VII V 8 Sec. 6 VII V 9 Sec. 7 VII V 1 Sec. 7 VII V 2 Sec. 7 VIII II 7 Sec. 8 VII V 11 Sec. 9 VII V 12 1913, June 19, P. L. 538, Sec. 1 VII VI 17 1913, June 19, P. L. 540, Sec. 1 II II 2 I 1913, June 20, P. L. 543, Sec. 1, VI XIX 13 1913, June 25, P. L. 550, Sec. 1 V I 2 XXXVIII 1913, June 27, P. L. 632, Sec. 1 V I 2 VI Sec. 2, V I 2 VI 1913, June 27, P. L. 633, Sec. 1, VI III 5 1913, July 21, P. L. 865, Sec. 1 VI XII 19 Sec. 2 VI XII 20 1913, July 22, P. L. 902, Sec. 1 VI X 1 Sec. 1 VI X 2 Sec. 1 VI X 3 Sec. 1 VI X 6 Sec. 1 IX I 17 Sec. 1 IX I 18 1913, July 24, P. L. 1017, Sec. 1 VI XIX 15 Sec. 2 VI XIX 16 1913, July 26, P. L. 1439, Sec. 1 VII VII 1 Sec. 2 VII VII 2 Sec. 3 VII VII 3 Sec. 4 VII VII 4 Sec. 5 V VII 5 Sec. 6 VII VII 6 Sec. 7 VII VII 7 Sec. 8, . VII VII 8 19H 287 ( 28S ) YC 36274